By Wolens H.B. No. 2812
77R959 DWS-D
A BILL TO BE ENTITLED
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 the 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 8.004. Section 1231.061(b), 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 (b) Not later than October 31 of each even-numbered year,
142-17 the board shall submit to the legislature a report that recommends
142-18 whether the authorization for a state security should [shall] be
142-19 revoked.
142-20 SECTION 8.005. (a) Section 1232.056, Government Code, is
142-21 amended to conform to Section 1, Chapter 341, Acts of the 76th
142-22 Legislature, Regular Session, 1999, by adding Subsection (c) to
142-23 read as follows:
142-24 (c) A subcommittee of the board, appointed by the board as
142-25 provided by Section 1371.053(c)(2), is not subject to Chapter 551
142-26 when it is acting to price and sell the obligations of the
142-27 authority in accordance with parameters for the issuance
143-1 established by the board.
143-2 (b) Section 1, Chapter 341, Acts of the 76th Legislature,
143-3 Regular Session, 1999, is repealed.
143-4 SECTION 8.006. (a) Section 1232.066(a), Government Code, is
143-5 amended to conform to Section 60, Chapter 405, Acts of the 76th
143-6 Legislature, Regular Session, 1999, to read as follows:
143-7 (a) The board's authority under this chapter is limited to
143-8 the financing of:
143-9 (1) the acquisition or construction of a building;
143-10 (2) [or] the purchase or lease of equipment; or
143-11 (3) stranded costs of a municipal power agency.
143-12 (b) Section 60, Chapter 405, Acts of the 76th Legislature,
143-13 Regular Session, 1999, is repealed.
143-14 SECTION 8.007. (a) Subchapter C, Chapter 1232, Government
143-15 Code, is amended to conform to Section 59, Chapter 405, Acts of the
143-16 76th Legislature, Regular Session, 1999, by adding Section
143-17 1232.1071 to read as follows:
143-18 Sec. 1232.1071. ISSUANCE OF OBLIGATIONS FOR FINANCING
143-19 STRANDED COSTS OF MUNICIPAL POWER AGENCY. (a) The authority may,
143-20 either directly or by means of a trust or trusts established by it,
143-21 issue obligations or other evidences of indebtedness for financing
143-22 stranded costs of a municipal power agency created by concurrent
143-23 resolution by its member cities on or before November 1, 1979,
143-24 pursuant to Chapter 163, Utilities Code, or a predecessor statute
143-25 to that chapter. The stranded costs of the municipal power agency
143-26 are set forth as allocated to the member cities in the "Potentially
143-27 Strandable Investment (ECOM) Report: 1998 Update" issued by the
144-1 Public Utility Commission of Texas.
144-2 (b) At the request of any member city of a municipal power
144-3 agency, the authority shall issue obligations or other evidences of
144-4 indebtedness in the amount of the requesting member city's stranded
144-5 costs, plus the sum of the costs described in Subdivision (1) and
144-6 the issuance costs, and shall make a grant of the proceeds of the
144-7 obligations or evidences of indebtedness to the municipal power
144-8 agency. A member city's request under this subsection must include
144-9 a statement of the payment terms for recovering stranded costs. A
144-10 grant of the proceeds of obligations or evidences of indebtedness
144-11 is subject to the following conditions:
144-12 (1) the municipal power agency shall use the grant to
144-13 reduce the outstanding principal of the agency's debts allocable to
144-14 stranded costs of the requesting member city for federal income tax
144-15 purposes, whether by redemption, defeasance, or tender offer,
144-16 together with any interest expenses, call premium, tender premium,
144-17 or administrative expenses associated with the principal payment;
144-18 and
144-19 (2) the municipal power agency shall reduce the amount
144-20 payable by the requesting member city under its power sales
144-21 contract with the agency to reflect the reduced debt service on the
144-22 agency's debt as a result of the payments made under Subdivision
144-23 (1).
144-24 (c) Obligations or evidences of indebtedness issued by the
144-25 authority under this section must be secured by nonbypassable
144-26 charges imposed by the authority on retail customers receiving
144-27 transmission and distribution services provided by the requesting
145-1 member city, which must be consistent with the stranded cost
145-2 recovery terms stated in the member city's request unless otherwise
145-3 approved by the member city. Obligations or evidences of
145-4 indebtedness issued by the authority under this section are not a
145-5 debt of this state, the municipal power agency, or any member of
145-6 the municipal power agency.
145-7 (d) The Public Utility Commission of Texas shall provide
145-8 necessary assistance to the authority to ensure the collection and
145-9 enforcement of the nonbypassable charges, whether directly or by
145-10 using the assistance and powers of the requesting member city.
145-11 (e) The authority and the Public Utility Commission of Texas
145-12 have all powers necessary to perform the duties and
145-13 responsibilities described by this section. This section shall be
145-14 interpreted broadly in a manner consistent with the most
145-15 cost-effective financing of stranded costs. To the extent
145-16 possible, obligations or evidences of indebtedness issued by the
145-17 authority under this section must be structured so that any
145-18 interest on the obligations or evidences of indebtedness is
145-19 excluded from gross income for federal income tax purposes. Any
145-20 interest on the obligations or evidences of indebtedness is not
145-21 subject to taxation by and may not be included as part of the
145-22 measurement of a tax by this state or a political subdivision of
145-23 this state.
145-24 (b) Section 59, Chapter 405, Acts of the 76th Legislature,
145-25 Regular Session, 1999, is repealed.
145-26 SECTION 8.008. Section 1232.115(d), Government Code, is
145-27 amended to more accurately reflect the law from which it was
146-1 derived to read as follows:
146-2 (d) Costs and expenses authorized by this section may not be
146-3 included in the principal amount unless the board finds that those
146-4 costs and expenses are necessary and reasonable at the time the
146-5 obligations are issued.
146-6 SECTION 8.009. (a) Subchapter C, Chapter 1232, Government
146-7 Code, is amended to conform to Section 4, Chapter 341, Acts of the
146-8 76th Legislature, Regular Session, 1999, by adding Section
146-9 1232.1191 to read as follows:
146-10 Sec. 1232.1191. DELEGATION OF AUTHORITY. (a) The board may
146-11 delegate authority to negotiate contracts required for issuance of
146-12 obligations to one or more of its employees or members.
146-13 (b) The negotiation of a contract described by Subsection
146-14 (a), including oral discussions with contractors, is not considered
146-15 to be a meeting or a deliberation.
146-16 (b) Section 4, Chapter 341, Acts of the 76th Legislature,
146-17 Regular Session, 1999, is repealed.
146-18 SECTION 8.010. (a) Section 1232.122, Government Code, is
146-19 amended to conform to Section 2, Chapter 341, Acts of the 76th
146-20 Legislature, Regular Session, 1999, to read as follows:
146-21 Sec. 1232.122. COMMENCEMENT OF CONSTRUCTION, PURCHASE, OR
146-22 LEASE. The acquisition or construction of a building or the
146-23 purchase or lease of equipment may begin after:
146-24 (1) the authority has certified that obligations in an
146-25 amount sufficient to pay the construction or purchase price of the
146-26 project have been authorized for issuance by the authority and
146-27 approved by the Bond Review Board [under an interim construction
147-1 finance agreement established by the authority in accordance with
147-2 Chapter 1371]; or
147-3 (2) the proceeds have been deposited into the state
147-4 treasury and:
147-5 (A) the comptroller has certified that the
147-6 proceeds are available;
147-7 (B) the reserve funds and capitalized interest,
147-8 as certified by the authority as reasonably required, have been
147-9 paid; and
147-10 (C) the costs of issuing the obligations, as
147-11 certified by the authority, have been paid.
147-12 (b) Section 2, Chapter 341, Acts of the 76th Legislature,
147-13 Regular Session, 1999, is repealed.
147-14 SECTION 8.011. (a) Section 1371.001(4), Government Code, is
147-15 amended to conform to Section 1, Chapter 378, Acts of the 76th
147-16 Legislature, Regular Session, 1999, to read as follows:
147-17 (4) "Issuer" means:
147-18 (A) a home-rule municipality that:
147-19 (i) adopted its charter under Section 5,
147-20 Article XI, Texas Constitution;
147-21 (ii) has a population of 50,000 or more;
147-22 and
147-23 (iii) has outstanding long-term
147-24 indebtedness that is rated by a nationally recognized rating agency
147-25 for municipal securities in one of the four highest rating
147-26 categories for a long-term obligation;
147-27 (B) a conservation and reclamation district
148-1 created and organized as a river authority under Section 52,
148-2 Article III, or Section 59, Article XVI, Texas Constitution;
148-3 (C) a joint powers agency organized and
148-4 operating under Chapter 163, Utilities Code;
148-5 (D) a metropolitan rapid transit authority or
148-6 regional transportation authority created, organized, and operating
148-7 under Chapter 451 or 452, Transportation Code;
148-8 (E) a conservation and reclamation district
148-9 organized or operating as a navigation district under Section 52,
148-10 Article III, or Section 59, Article XVI, Texas Constitution;
148-11 (F) a district organized or operating under
148-12 Section 59, Article XVI, Texas Constitution, that has all or part
148-13 of two or more municipalities within its boundaries;
148-14 (G) a state agency, including a state
148-15 institution of higher education;
148-16 (H) a hospital authority created or operating
148-17 under Chapter 262 or 264, Health and Safety Code, in a county that:
148-18 (i) has a population of more than two
148-19 million; or
148-20 (ii) is included, in whole or in part, in
148-21 a standard metropolitan statistical area of this state that
148-22 includes a county with a population of more than 1.8 million;
148-23 (I) a hospital district in a county that has a
148-24 population of more than two million;
148-25 (J) a nonprofit corporation organized to
148-26 exercise the powers of a higher education authority under Section
148-27 53.47(e), Education Code; or
149-1 (K) [(J)] a county with a population of two
149-2 million or more.
149-3 (b) Section 1, Chapter 378, Acts of the 76th Legislature,
149-4 Regular Session, 1999, is repealed.
149-5 SECTION 8.012. (a) Section 1372.006, Government Code, is
149-6 amended to conform to Section 5, Chapter 131, Acts of the 76th
149-7 Legislature, Regular Session, 1999, by adding Subsections (e) and
149-8 (f) to read as follows:
149-9 (e) An issuer receiving a carryforward designation shall
149-10 submit to the board a fee in an amount that is equal to the greater
149-11 of:
149-12 (1) $1,000; or
149-13 (2) 0.025 percent of the amount of the carryforward
149-14 designation.
149-15 (f) A fee required by Subsection (e) must be submitted not
149-16 later than the fifth business day following the date of receipt of
149-17 the carryforward designation.
149-18 (b) Section 5, Chapter 131, Acts of the 76th Legislature,
149-19 Regular Session, 1999, is repealed.
149-20 SECTION 8.013. (a) Section 1372.022, Government Code, is
149-21 amended to conform to Section 1, Chapter 131, Acts of the 76th
149-22 Legislature, Regular Session, 1999, to read as follows:
149-23 Sec. 1372.022. AVAILABILITY OF STATE CEILING TO ISSUERS.
149-24 (a) Before August 15 [September 1] of each year:
149-25 (1) 25 [31.5] percent of the state ceiling is
149-26 available exclusively for reservations by issuers of qualified
149-27 mortgage bonds;
150-1 (2) 11 [13] percent of the state ceiling is available
150-2 exclusively for reservations by issuers of state-voted issues;
150-3 (3) 7.5 percent of the state ceiling is available
150-4 exclusively for reservations by issuers of qualified small issue
150-5 bonds and enterprise zone facility bonds;
150-6 (4) 16.5 [7.5] percent of the state ceiling is
150-7 available exclusively for reservations by issuers of qualified
150-8 residential rental project bonds;
150-9 (5) 10.5 [11] percent of the state ceiling is
150-10 available exclusively for reservations by issuers of qualified
150-11 student loan bonds authorized by Section 53.47, Education Code; and
150-12 (6) 29.5 percent of the state ceiling is available
150-13 exclusively for reservations by any other issuer of bonds that
150-14 require an allocation.
150-15 (b) On and after August 15 but before September 1, that
150-16 portion of the state ceiling available for reservations becomes
150-17 available for qualified residential rental project issues in the
150-18 manner described by Section 1372.0321. On and after September 1,
150-19 that portion of the state ceiling available for reservations
150-20 becomes available to any issuer for any bonds that require an
150-21 allocation, subject to the provisions of this subchapter.
150-22 (b) Section 1, Chapter 131, Acts of the 76th Legislature,
150-23 Regular Session, 1999, is repealed.
150-24 SECTION 8.014. (a) Sections 1372.028(c) and (d), Government
150-25 Code, are amended to conform to Section 3, Chapter 131, Acts of the
150-26 76th Legislature, Regular Session, 1999, to read as follows:
150-27 (c) The application must:
151-1 (1) be on a form prescribed by the board;
151-2 (2) be signed by a member or officer of the issuer;
151-3 and
151-4 (3) state:
151-5 (A) the maximum amount of the bonds in the issue
151-6 that require an allocation under Section 146, Internal Revenue Code
151-7 (26 U.S.C. Section 146);
151-8 (B) the project or, with respect to an eligible
151-9 facility, a functional description of the project to be financed by
151-10 the proceeds, including the identification of the user of the
151-11 proceeds or project;
151-12 (C) whether the bonds are qualified bonds;
151-13 (D) if the bonds are qualified bonds:
151-14 (i) the subparagraph of Section 141(e)(1),
151-15 Internal Revenue Code (26 U.S.C. Section 141(e)(1)), that applies;
151-16 and
151-17 (ii) if Section 141(e)(1)(A) of that code
151-18 (26 U.S.C. Section 141(e)(1)(A)) applies, the paragraph of Section
151-19 142(a) of that code (26 U.S.C. Section 142(a)) that applies;
151-20 (E) if the bonds are not qualified bonds:
151-21 (i) that Section 141(b)(5), Internal
151-22 Revenue Code (26 U.S.C. Section 141(b)(5)), applies; or
151-23 (ii) for a transition rule project, the
151-24 paragraph of the Tax Reform Act of 1986 that applies;
151-25 (F) that bonds are not being issued for the same
151-26 stated project for which the issuer has received sufficient
151-27 carryforward during a previous year or for which there exists
152-1 unexpended proceeds from, including transferred proceeds
152-2 representing unexpended proceeds from, one or more prior issues of
152-3 bonds issued by the same issuer or based on the issuer's
152-4 population; and
152-5 (G) other information that the board may
152-6 require.
152-7 (d) An issuer is not required to provide the statement
152-8 required by Subsection (c)(3)(F) if the issuer:
152-9 (1) is an issuer of a state-voted issue;
152-10 (2) is the Texas Department of Housing and Community
152-11 Affairs; or
152-12 (3) provides evidence that one or more binding
152-13 contracts have been entered into, or other evidence acceptable to
152-14 the board as described by program rule, to spend the unexpended
152-15 proceeds by the later of:
152-16 (A) [within] 12 months after the date the board
152-17 receives the application; or
152-18 (B) December 31 of the program year for which
152-19 the application is filed.
152-20 (b) Section 3, Chapter 131, Acts of the 76th Legislature,
152-21 Regular Session, 1999, is repealed.
152-22 SECTION 8.015. (a) Section 1372.031, Government Code, is
152-23 amended to conform to Section 2, Chapter 131, Acts of the 76th
152-24 Legislature, Regular Session, 1999, to read as follows:
152-25 Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN
152-26 ISSUERS. Subject to Section 1372.0321, if [If], on or before
152-27 October 20, more than one issuer in a category described by Section
153-1 1372.022(a)(2), (3), (4), or (6) applies for a reservation of the
153-2 state ceiling for the next program year, the board shall grant
153-3 reservations in that category in the order determined by the board
153-4 by lot.
153-5 (b) Subchapter B, Chapter 1372, Government Code, is amended
153-6 to conform to Section 2, Chapter 131, Acts of the 76th Legislature,
153-7 Regular Session, 1999, by adding Section 1372.0321 to read as
153-8 follows:
153-9 Sec. 1372.0321. PRIORITIES FOR RESERVATIONS AMONG ISSUERS OF
153-10 QUALIFIED RESIDENTIAL RENTAL PROJECT ISSUES. (a) In granting
153-11 reservations to issuers of qualified residential rental project
153-12 issues, the board shall:
153-13 (1) give first priority to projects in which 100
153-14 percent of the residential units in the projects are under the
153-15 restriction that the maximum allowable rents are an amount equal to
153-16 30 percent of 50 percent of the area median family income minus an
153-17 allowance for utility costs authorized under the federal low-income
153-18 housing tax credit program;
153-19 (2) give second priority to projects in which 100
153-20 percent of the residential units in the projects are under the
153-21 restriction that the maximum allowable rents are an amount equal to
153-22 30 percent of 60 percent of the area median family income minus an
153-23 allowance for utility costs authorized under the federal low-income
153-24 housing tax credit program; and
153-25 (3) give third priority to any other qualified
153-26 residential rental project.
153-27 (b) The board may not reserve a portion of the state ceiling
154-1 for a first or second priority project described by Subsection (a)
154-2 unless the board receives evidence that an application has been
154-3 filed with the Texas Department of Housing and Community Affairs
154-4 for the low-income housing tax credit that is available for
154-5 multifamily transactions that are at least 51 percent financed by
154-6 tax-exempt private activity bonds.
154-7 (c) Section 2, Chapter 131, Acts of the 76th Legislature,
154-8 Regular Session, 1999, is repealed.
154-9 SECTION 8.016. (a) Section 1372.042(d), Government Code, is
154-10 amended to conform to Section 4, Chapter 131, Acts of the 76th
154-11 Legislature, Regular Session, 1999, to read as follows:
154-12 (d) Not later than the fifth business day after the date on
154-13 which the bonds are closed, the issuer shall submit to the board:
154-14 (1) a written notice stating the delivery date of the
154-15 bonds and the principal amount of the bonds issued; [and]
154-16 (2) if the project is a project entitled to first or
154-17 second priority under Section 1372.0321, evidence from the Texas
154-18 Department of Housing and Community Affairs that an award of
154-19 low-income housing tax credits has been approved for the project;
154-20 and
154-21 (3) a certified copy of the document authorizing the
154-22 bonds and any other document relating to the issuance of the bonds,
154-23 including a statement of the bonds':
154-24 (A) principal amount;
154-25 (B) interest rate or formula by which the
154-26 interest rate is computed;
154-27 (C) maturity schedule; and
155-1 (D) purchaser or purchasers.
155-2 (b) Section 4, Chapter 131, Acts of the 76th Legislature,
155-3 Regular Session, 1999, is repealed.
155-4 SECTION 8.017. Section 1401.041, Government Code, is amended
155-5 to conform to the amendment of Section 49-h, Article III, Texas
155-6 Constitution, by the constitutional amendment proposed by H.J.R.
155-7 No. 62, Acts of the 76th Legislature, Regular Session, 1999, to
155-8 read as follows:
155-9 Sec. 1401.041. GENERAL OBLIGATION BONDS. (a) As provided by
155-10 Section 49-h(a), Article III, Texas Constitution, as that section
155-11 existed September 1, 1999, the authority may:
155-12 (1) issue general obligation bonds in an amount not to
155-13 exceed $500 million; and
155-14 (2) distribute the bond proceeds as provided by that
155-15 section.
155-16 (b) As provided by Section 49-h(c), Article III, Texas
155-17 Constitution, as that section existed September 1, 1999, the
155-18 authority may:
155-19 (1) issue general obligation bonds in an amount not to
155-20 exceed $400 million; and
155-21 (2) distribute the bond proceeds to any appropriate
155-22 agency to:
155-23 (A) acquire, construct, or equip a new facility;
155-24 or
155-25 (B) make a major repair of or renovate a
155-26 facility, corrections institution, youth corrections institution,
155-27 or mental health and mental retardation institution.
156-1 (c) As provided by Section 49-h(d), Article III, Texas
156-2 Constitution, as that section existed September 1, 1999, the
156-3 authority may:
156-4 (1) issue general obligation bonds in an amount not to
156-5 exceed $1.055 billion and distribute the bond proceeds to any
156-6 appropriate agency to:
156-7 (A) acquire, construct, or equip a:
156-8 (i) new prison or substance abuse felony
156-9 punishment facility to confine criminals; or
156-10 (ii) youth corrections institution;
156-11 (B) make a major repair of or renovate a prison
156-12 facility or youth corrections institution; or
156-13 (C) acquire, make a major repair of, or renovate
156-14 a facility for use as a state prison, a substance abuse felony
156-15 punishment facility, or a facility in which a pilot program
156-16 established as provided by Section 614.011, Health and Safety Code,
156-17 is conducted;
156-18 (2) issue general obligation bonds in an amount not to
156-19 exceed $45 million and distribute the bond proceeds to any
156-20 appropriate agency to:
156-21 (A) acquire, construct, or equip a new mental
156-22 health or mental retardation facility, including a community-based
156-23 mental health or mental retardation facility; or
156-24 (B) make a major repair of or renovate a mental
156-25 health or mental retardation facility; and
156-26 (3) issue general obligation bonds in an amount not to
156-27 exceed $50 million and distribute the bond proceeds to any
157-1 appropriate agency to:
157-2 (A) acquire, construct, or equip a new youth
157-3 corrections facility; or
157-4 (B) make a major repair of or renovate a youth
157-5 corrections facility.
157-6 (d) As provided by Section 49-h(e), Article III, Texas
157-7 Constitution, as that section existed September 1, 1999, the
157-8 authority may:
157-9 (1) issue general obligation bonds in an amount not to
157-10 exceed $1 billion; and
157-11 (2) distribute the bond proceeds as provided by that
157-12 section.
157-13 SECTION 8.018. (a) Section 1431.001, Government Code, is
157-14 amended to conform to Sections 3 and 4, Chapter 984, Acts of the
157-15 76th Legislature, Regular Session, 1999, to read as follows:
157-16 Sec. 1431.001. DEFINITIONS. In this chapter:
157-17 (1) "Anticipation note" means a note issued under this
157-18 chapter.
157-19 (2) "Eligible school district" means an independent
157-20 school district that has an average daily attendance of 190,000 or
157-21 more as determined under Section 42.005, Education Code.
157-22 (3) "Governing body" means the commissioners court of
157-23 a county or the governing body of a municipality or eligible school
157-24 district authorized to issue anticipation notes on behalf of an
157-25 issuer.
157-26 (4) [(3)] "Issuer" means a county, [or] municipality,
157-27 or eligible school district issuing an anticipation note.
158-1 (b) Section 3, Chapter 984, Acts of the 76th Legislature,
158-2 Regular Session, 1999, is repealed.
158-3 SECTION 8.019. (a) Section 1431.002, Government Code, is
158-4 amended to conform to Sections 4 and 6, Chapter 984, Acts of the
158-5 76th Legislature, Regular Session, 1999, by adding Subsection (c)
158-6 to read as follows:
158-7 (c) The governing body of an eligible school district by
158-8 order may authorize the issuance of an anticipation note.
158-9 (b) Section 1431.004, Government Code, is amended to conform
158-10 to Section 4, Chapter 984, Acts of the 76th Legislature, Regular
158-11 Session, 1999, to read as follows:
158-12 Sec. 1431.004. USES OF ANTICIPATION NOTE PROCEEDS. (a) An
158-13 issuer may use the proceeds of an anticipation note to pay:
158-14 (1) a contractual obligation incurred or to be
158-15 incurred for:
158-16 (A) the construction of a public work;
158-17 (B) the purchase of materials, supplies,
158-18 equipment, machinery, buildings, lands, and rights-of-way for the
158-19 issuer's authorized needs and purposes; or
158-20 (C) a professional service, including a service
158-21 by a tax appraisal engineer, engineer, architect, attorney,
158-22 mapmaker, auditor, financial advisor, or fiscal agent;
158-23 (2) operating or current expenses; or
158-24 (3) the issuer's cumulative cash flow deficit.
158-25 (b) The governing body of an eligible school district may
158-26 use the proceeds of an anticipation note to pay an obligation
158-27 incurred or to be incurred for:
159-1 (1) a purpose described by Subsection (a)(1)(C), (2),
159-2 or (3); or
159-3 (2) the purchase of materials, supplies, equipment, or
159-4 machinery for the district's authorized needs and purposes.
159-5 (c) For the purposes of this section, the cumulative cash
159-6 flow deficit is the amount by which the sum of an issuer's
159-7 anticipated expenditures and cash reserve reasonably required to
159-8 pay unanticipated expenditures exceeds the amount of the issuer's
159-9 cash, marketable securities, and money in an account that may be
159-10 used to pay an issuer's anticipated expenditures, other than:
159-11 (1) money in an account the use of which is subject to
159-12 legislative or judicial action or that is subject to a legislative,
159-13 judicial, or contractual requirement that the account be
159-14 reimbursed; or
159-15 (2) the proceeds of an anticipation note.
159-16 (d) [(c)] For the purposes of Subsection (c) [(b)], an
159-17 amount equal to one month's anticipated expenditures is presumed to
159-18 be reasonably required as a cash reserve.
159-19 (c) Sections 4 and 6, Chapter 984, Acts of the 76th
159-20 Legislature, Regular Session, 1999, are repealed.
159-21 SECTION 8.020. (a) Section 1431.003(a), Government Code, is
159-22 amended to conform to Section 5, Chapter 984, Acts of the 76th
159-23 Legislature, Regular Session, 1999, to read as follows:
159-24 (a) This section applies only to an issuer that is:
159-25 (1) a county; [or]
159-26 (2) a municipality with a population of 80,000 or
159-27 more; or
160-1 (3) an eligible school district.
160-2 (b) Section 5, Chapter 984, Acts of the 76th Legislature,
160-3 Regular Session, 1999, is repealed.
160-4 SECTION 8.021. (a) Section 1431.006, Government Code, is
160-5 amended to conform to Section 7, Chapter 984, Acts of the 76th
160-6 Legislature, Regular Session, 1999, to read as follows:
160-7 Sec. 1431.006. LIMITATION ON NOTES TO PAY EXPENSES.
160-8 Anticipation notes issued under Section 1431.004(a)(2) may not, in
160-9 the fiscal year in which the attorney general approves the notes:
160-10 (1) for a municipality, exceed 75 percent of the
160-11 revenue or taxes anticipated to be collected in that year; [or]
160-12 (2) for a county, exceed 50 percent of the revenue or
160-13 taxes anticipated to be collected in that year; or
160-14 (3) for an eligible school district, exceed 75 percent
160-15 of the income of the district for the fiscal year preceding that
160-16 year.
160-17 (b) Section 1431.009(a), Government Code, is amended to
160-18 conform to Section 7, Chapter 984, Acts of the 76th Legislature,
160-19 Regular Session, 1999, to read as follows:
160-20 (a) An anticipation note issued for a purpose described by
160-21 Section 1431.004(a)(1) or (b)(2) must mature before the seventh
160-22 anniversary of the date that the attorney general approves the
160-23 note.
160-24 (c) Section 7, Chapter 984, Acts of the 76th Legislature,
160-25 Regular Session, 1999, is repealed.
160-26 SECTION 8.0211. (a) Subtitle I, Title 9, Government Code, is
160-27 amended to codify Chapter 237, Acts of the 54th Legislature,
161-1 Regular Session, 1955 (Article 6079c-1, Vernon's Texas Civil
161-2 Statutes), by adding Chapter 1478 to read as follows:
161-3 CHAPTER 1478. ADDITIONAL AUTHORITY FOR CERTAIN
161-4 COASTAL COUNTIES TO ISSUE ROAD BONDS
161-5 Sec. 1478.001. APPLICABILITY OF CHAPTER. This chapter
161-6 applies only to a county that:
161-7 (1) is located on the Gulf of Mexico; and
161-8 (2) has within its boundaries an island susceptible to
161-9 development for recreational purposes for the use and benefit of
161-10 the residents of the county.
161-11 Sec. 1478.002. AUTHORITY TO ISSUE ROAD BONDS. A county may
161-12 issue and secure bonds in the manner provided by Chapter 284,
161-13 Transportation Code, to construct, improve, and operate roads on an
161-14 island described by Section 1478.001(2).
161-15 Sec. 1478.003. BOND PAYMENTS FROM REVENUE AND TAXES. Bonds
161-16 issued as provided by this chapter may be payable from:
161-17 (1) tolls charged for use of the road;
161-18 (2) taxes; or
161-19 (3) a combination of tolls and taxes.
161-20 Sec. 1478.004. ELECTION. Unless the action is authorized by
161-21 an election at which the question is submitted to the voters, a
161-22 county may not:
161-23 (1) issue bonds under this chapter, whether payable
161-24 from taxes or revenue; or
161-25 (2) spend county money in any manner in connection
161-26 with or on a road project under this chapter.
161-27 Sec. 1478.005. LIMITATION ON DECLARING CERTAIN FACILITIES
162-1 PART OF STATE HIGHWAY SYSTEM. (a) Except as provided by Subsection
162-2 (b), the Texas Transportation Commission may not declare to be a
162-3 part of the state highway system and maintain and operate free of
162-4 tolls a facility as to which a county has:
162-5 (1) issued bonds under Chapter 284, Transportation
162-6 Code, for a purpose authorized by that chapter and has secured the
162-7 payment of those bonds by:
162-8 (A) a pledge of the revenue to be derived from
162-9 the operation of the facility; and
162-10 (B) the levy of ad valorem taxes authorized by
162-11 Section 52, Article III, Texas Constitution; and
162-12 (2) issued bonds under this chapter for a purpose
162-13 authorized by Section 1478.002 that are payable in whole or part
162-14 from revenue.
162-15 (b) Subsection (a) does not apply if:
162-16 (1) the bonds issued under this chapter have been
162-17 paid; or
162-18 (2) an amount sufficient to pay the bonds issued under
162-19 this chapter and interest on those bonds to maturity has been set
162-20 aside for that purpose in a trust fund for the benefit of the
162-21 bondholders.
162-22 (b) Chapter 237, Acts of the 54th Legislature, Regular
162-23 Session, 1955 (Article 6079c-1, Vernon's Texas Civil Statutes), is
162-24 repealed.
162-25 SECTION 8.022. Section 1501.255(b), Government Code, is
162-26 amended to more accurately reflect the law from which it was
162-27 derived to read as follows:
163-1 (b) The notice must be published in at least two issues of a
163-2 newspaper of general circulation in the municipality, with the
163-3 first publication being not less than 14 days before the [14th day
163-4 before the] date the governing body proposes to adopt the
163-5 ordinance.
163-6 SECTION 8.023. Section 1503.154, Government Code, is amended
163-7 to more accurately reflect the law from which it was derived to
163-8 read as follows:
163-9 Sec. 1503.154. GRANT OF FRANCHISE. As additional security
163-10 for the encumbrance, a municipality that encumbers an airport under
163-11 Section 1503.153 may provide in the encumbrance for a grant, to the
163-12 purchaser under sale or foreclosure, of a franchise to operate the
163-13 airport and the improvements situated on the airport for a term not
163-14 to exceed 30 years from the date of the purchase, subject to all
163-15 laws regulating same then in force.
163-16 SECTION 8.024. (a) Sections 1504.001 and 1504.002,
163-17 Government Code, are amended to conform to Section 3, Chapter 1004,
163-18 Acts of the 76th Legislature, Regular Session, 1999, and to more
163-19 accurately reflect the law from which they were derived to read as
163-20 follows:
163-21 Sec. 1504.001. AUTHORITY FOR CERTAIN FACILITIES. (a) A
163-22 municipality may establish, acquire, lease as lessee or lessor,
163-23 construct, improve, enlarge, equip, repair, operate, or maintain a
163-24 facility such as:
163-25 (1) a civic center, auditorium, opera house, music
163-26 hall, exhibition hall, coliseum, museum, library, or other
163-27 municipal building;
164-1 (2) a golf course, tennis court, or other similar
164-2 recreational facility;
164-3 (3) a hotel owned by a municipality or a nonprofit
164-4 municipally sponsored local government corporation created under
164-5 Chapter 431, Transportation Code, that is located not more than
164-6 1,000 feet from a convention center owned by a municipality with a
164-7 population of 1,500,000 or more;
164-8 (4) a historic hotel owned by a municipality or a
164-9 nonprofit municipally sponsored local government corporation
164-10 created under Chapter 431, Transportation Code, that is located not
164-11 more than one mile from a convention center owned by a municipality
164-12 with a population of 1,500,000 or more; or
164-13 (5) a parking facility at or in the immediate vicinity
164-14 of a [cultural or athletic] facility described by Subdivisions
164-15 (1)-(4) for use in connection with that facility for off-street
164-16 parking or storage of motor vehicles or other conveyances.
164-17 (b) An eligible central municipality, as defined by Section
164-18 351.001, Tax Code, may establish, acquire, lease as lessee or
164-19 lessor, construct, improve, enlarge, equip, repair, operate, or
164-20 maintain a hotel, and any facilities ancillary to the hotel,
164-21 including shops and parking facilities, that are owned by or
164-22 located on land owned by the municipality or by a nonprofit
164-23 corporation acting on behalf of the municipality, and that is
164-24 located within 1,000 feet of a convention center facility owned by
164-25 the municipality.
164-26 Sec. 1504.002. AUTHORITY TO ISSUE REVENUE BONDS. (a) The
164-27 governing body of a municipality by ordinance may issue revenue
165-1 bonds to provide all or part of the money to establish, acquire,
165-2 construct, improve, enlarge, equip, or repair a facility described
165-3 by Section 1504.001(a) [1504.001].
165-4 (b) An eligible central municipality, as defined by Section
165-5 351.001, Tax Code, by ordinance may issue bonds or incur other
165-6 obligations to acquire, lease, construct, or equip a facility
165-7 described by Section 1504.001(b).
165-8 (b) Section 3, Chapter 1004, Acts of the 76th Legislature,
165-9 Regular Session, 1999, is repealed.
165-10 SECTION 8.025. Section 1505.068, Government Code, is amended
165-11 to more accurately reflect the law from which it was derived to
165-12 read as follows:
165-13 Sec. 1505.068. OPERATING EXPENSES AS FIRST LIEN. The
165-14 reasonable costs of administering and operating and the reasonable
165-15 expense of maintaining the project are a first lien against the
165-16 revenue and income from the operation of a project, superior to the
165-17 lien of any encumbrance on the project. From the revenue and
165-18 income of a project, the municipality shall, monthly or more
165-19 frequently if necessary, first deposit to the credit of the
165-20 operation and maintenance account an amount sufficient to pay those
165-21 expenses.
165-22 SECTION 8.026. Section 1505.209(b), Government Code, is
165-23 amended to more accurately reflect the law from which it was
165-24 derived to read as follows:
165-25 (b) The governing body of the municipality shall hold the
165-26 election in the manner provided for the issuance of other bonds of
165-27 the municipality.
166-1 PART 2. GENERAL CHANGES TO OTHER TITLES AND CODES
166-2 SECTION 8.101. Section 286.129(b), Health and Safety Code,
166-3 is amended to read as follows:
166-4 (b) The board may invest operating, depreciation, or
166-5 building reserves only in:
166-6 (1) bonds of the United States;
166-7 (2) certificates of indebtedness issued by the United
166-8 States secretary of the treasury;
166-9 (3) bonds of this state or a county, municipality, or
166-10 school district of this state; or
166-11 (4) shares or share accounts of savings and loan
166-12 associations organized under the laws of this state or federal
166-13 savings and loan associations domiciled in this state, if the
166-14 shares or share accounts are insured by the Federal Deposit
166-15 Insurance Corporation [funds or securities specified by Article 836
166-16 or 837, Revised Statutes].
166-17 SECTION 8.102. Section 287.129(b), Health and Safety Code,
166-18 is amended to read as follows:
166-19 (b) The board may invest operating, depreciation, or
166-20 building reserves only in:
166-21 (1) bonds of the United States;
166-22 (2) certificates of indebtedness issued by the United
166-23 States secretary of the treasury;
166-24 (3) bonds of this state or a county, municipality, or
166-25 school district of this state; or
166-26 (4) shares or share accounts of savings and loan
166-27 associations organized under the laws of this state or federal
167-1 savings and loan associations domiciled in this state, if the
167-2 shares or share accounts are insured by the Federal Deposit
167-3 Insurance Corporation [funds or securities specified by Article 836
167-4 or 837, Revised Statutes].
167-5 SECTION 8.103. (a) Section 303.035, Local Government Code,
167-6 is amended to conform to Section 1, Chapter 900, Acts of the 76th
167-7 Legislature, Regular Session, 1999, by adding Subsection (f) to
167-8 read as follows:
167-9 (f) A director has the same immunity from liability as is
167-10 granted under the laws of this state to a member of the sponsor's
167-11 governing body if the director was acting in good faith and in the
167-12 course and scope of the duties or functions within the corporation.
167-13 (b) Section 1, Chapter 900, Acts of the 76th Legislature,
167-14 Regular Session, 1999, is repealed.
167-15 SECTION 8.104. (a) Section 303.077(b), Local Government
167-16 Code, is amended to conform to Section 2.43, Chapter 414, Acts of
167-17 the 76th Legislature, Regular Session, 1999, to read as follows:
167-18 (b) Notwithstanding Section 9.109(d) [9.104], Business &
167-19 Commerce Code, and without any other filing, a security interest is
167-20 perfected until payment of the bonds and credit agreement, with the
167-21 effect specified by Chapter 9, Business & Commerce Code, when the
167-22 bonds are registered by the comptroller and the proceedings
167-23 authorizing the bonds are filed with the comptroller.
167-24 (b) Section 2.43, Chapter 414, Acts of the 76th Legislature,
167-25 Regular Session, 1999, is repealed.
167-26 SECTION 8.105. Section 363.206(c), Local Government Code, is
167-27 amended to read as follows:
168-1 (c) The board may not invest district funds in funds or
168-2 securities other than:
168-3 (1) bonds of the United States;
168-4 (2) certificates of indebtedness issued by the United
168-5 States secretary of the treasury;
168-6 (3) bonds of this state or a county, municipality, or
168-7 school district of this state;
168-8 (4) shares or share accounts of savings and loan
168-9 associations organized under the laws of this state or federal
168-10 savings and loan associations domiciled in this state, if the
168-11 shares or share accounts are insured by the Federal Deposit
168-12 Insurance Corporation; or
168-13 (5) investments [those] specified [by Article 836 or
168-14 837, Revised Statutes, or] by Chapter 2256, Government Code.
168-15 SECTION 8.106. (a) Sections 402.121-402.123, Local
168-16 Government Code, are amended to conform to Section 53, Chapter 405,
168-17 Acts of the 76th Legislature, Regular Session, 1999, to read as
168-18 follows:
168-19 Sec. 402.121. APPLICABILITY OF SUBCHAPTER. This subchapter
168-20 applies only to a home-rule municipality that owns an electric
168-21 utility system, that by ordinance or charter elects to have the
168-22 management and control of the utility system governed by a board of
168-23 trustees [this subchapter], and that:
168-24 (1) has outstanding obligations payable in whole or in
168-25 part [solely] from and secured by a lien on and pledge of the net
168-26 revenue of the system; or
168-27 (2) issues obligations that:
169-1 (A) are payable in whole or in part [solely]
169-2 from and secured by a lien on and pledge of the net revenue of the
169-3 system; and
169-4 (B) are approved by the attorney general.
169-5 Sec. 402.122. TRANSFER OF MANAGEMENT AND CONTROL OF ELECTRIC
169-6 UTILITY SYSTEM. (a) A municipality by ordinance may transfer
169-7 management and control of the municipality's electric utility
169-8 system to a [five-member] board of trustees appointed by the
169-9 municipality's governing body.
169-10 (b) The municipality by ordinance shall prescribe:
169-11 (1) the number of members; and
169-12 (2) the qualifications for appointment to the board.
169-13 Sec. 402.123. AUTHORITY OF BOARD OF TRUSTEES. (a) The
169-14 municipality by ordinance may vest in the board the power to
169-15 establish rates and related terms for its municipally owned
169-16 electric utility system.
169-17 (b) The municipality may delegate to the board of trustees
169-18 all or part of the municipality's authority to:
169-19 (1) [establish rates and charges for use of the
169-20 utility system's facilities;]
169-21 [(2)] exercise the power of eminent domain with
169-22 respect to property that will be used by, useful to, or required by
169-23 the utility system; and
169-24 (2) [(3)] issue obligations in the name of the
169-25 municipality to acquire or construct an improvement to or extension
169-26 of the utility system or to repair the system.
169-27 (c) [(b)] The municipality may authorize the board of
170-1 trustees to issue obligations under Subsection (b)(2) [(a)(3)]
170-2 without the prior approval of the municipality. The obligations
170-3 must be payable solely from the net revenue of the utility system.
170-4 (d) [(c)] The municipality may not delegate to the board of
170-5 trustees the authority to:
170-6 (1) levy or collect ad valorem taxes; or
170-7 (2) issue obligations that are payable in whole or in
170-8 part from ad valorem taxes.
170-9 (e) [(d)] The municipality and the board of trustees may
170-10 jointly provide for the issuance of obligations payable from ad
170-11 valorem taxes and the utility system's net revenue by adopting
170-12 identical provisions in an ordinance or resolution, as appropriate.
170-13 (b) Section 53, Chapter 405, Acts of the 76th Legislature,
170-14 Regular Session, 1999, is repealed.
170-15 SECTION 8.107. Section 111.053, Natural Resources Code, is
170-16 amended to read as follows:
170-17 Sec. 111.053. BOND OF PUBLIC UTILITY. (a) Before engaging
170-18 in business as a public utility, a person, association, or
170-19 corporation that is to engage in business as a public utility shall
170-20 file a bond in an amount not to exceed $25,000 that is properly
170-21 executed and made payable to the State of Texas with the amount of
170-22 the bond and the sureties on the bond subject to the approval of
170-23 the commission.
170-24 (b) In lieu of a bond as required by Subsection (a), a
170-25 person, association, or corporation may deposit with the
170-26 commission:
170-27 (1) bonds of the United States;
171-1 (2) certificates of indebtedness issued by the United
171-2 States secretary of the treasury;
171-3 (3) bonds of this state or a county, municipality, or
171-4 school district of this state; or
171-5 (4) shares or share accounts of savings and loan
171-6 associations organized under the laws of this state or federal
171-7 savings and loan associations domiciled in this state, if the
171-8 shares or share accounts are insured by the Federal Deposit
171-9 Insurance Corporation.
171-10 (c) The bond or securities in lieu of the bond as provided
171-11 by Subsection (b) [in Article 836, Revised Civil Statutes of Texas,
171-12 1925, as amended,] shall be approved by the commission before the
171-13 bond [it] is filed or the securities deposited.
171-14 (d) [(c)] After proper notice and hearing as provided by
171-15 law, the amount of the bond may be changed from time to time by
171-16 order of the commission, according to the volume of business done
171-17 or to be done by the public utility.
171-18 (e) [(d)] The bond shall be conditioned that the public
171-19 utility will observe the applicable provisions of this subchapter
171-20 and chapter and the rules of the commission insofar as its business
171-21 is regulated and controlled by the commission and that the public
171-22 utility will exercise ordinary care in the storage, preservation,
171-23 handling, and delivery of petroleum products entrusted to it and
171-24 shall guarantee the classification, measurements, and grades made
171-25 by it under its authority and in conformity herewith.
171-26 (f) [(e)] The bond shall be for the benefit of the patrons
171-27 of the public utility and their assignees as though they were named
172-1 obligees in the bond and they shall severally have the right of
172-2 suit on the bond.
172-3 SECTION 8.108. (a) Sections 152.301 and 152.302, Water
172-4 Code, are amended to conform to Section 52, Chapter 405, Acts of
172-5 the 76th Legislature, Regular Session, 1999, to read as follows:
172-6 Sec. 152.301. ELECTRIC TRANSMISSION SERVICES AND FACILITIES.
172-7 Notwithstanding any other law, a [A] river authority may:
172-8 (1) provide transmission services, as defined by the
172-9 [Section 31.002,] Utilities Code or the Public Utility Commission
172-10 of Texas, on a regional basis to any eligible transmission customer
172-11 at any location within or outside the boundaries of the river
172-12 authority; and
172-13 (2) acquire, including by lease-purchase, lease from
172-14 or to any person, finance, [lease,] construct, rebuild, operate, or
172-15 sell electric transmission facilities at any location within or
172-16 outside the boundaries of the river authority.
172-17 Sec. 152.302. LIMITATION ON ELECTRIC TRANSMISSION
172-18 FACILITIES. This subchapter does not:
172-19 (1) authorize a river authority to construct electric
172-20 transmission facilities for an ultimate consumer of electricity to
172-21 enable that consumer to bypass the transmission or distribution
172-22 facilities of its existing provider; or
172-23 (2) relieve a river authority from an obligation to
172-24 comply with each provision of the Utilities Code concerning a
172-25 certificate of convenience and necessity for a transmission
172-26 facility.
172-27 (b) Section 52, Chapter 405, Acts of the 76th Legislature,
173-1 Regular Session, 1999, is repealed.
173-2 PART 3. CROSS-REFERENCE CHANGES
173-3 SECTION 8.201. Section 43.007(b), Agriculture Code, is
173-4 amended to read as follows:
173-5 (b) If approved at an election conducted under Chapter 1251,
173-6 Government Code [Chapters 1 and 2 of Title 22, Revised Civil
173-7 Statutes of Texas, 1925, as amended], the commissioners court may
173-8 issue bonds or warrants for the purpose of acquiring land and
173-9 constructing buildings and improvements for an experiment station.
173-10 The commissioners court may levy and collect a tax sufficient to
173-11 pay the annual interest and to provide a sinking fund for the
173-12 payment of principal on the bonds or warrants at maturity.
173-13 SECTION 8.202. Sections 58.034(a) and (d), Agriculture Code,
173-14 are amended to read as follows:
173-15 (a) The authority's bonds may be issued from time to time in
173-16 one or more series or issues, in bearer, registered, or any other
173-17 form, which may include registered uncertified obligations not
173-18 represented by written instruments and commonly known as book-entry
173-19 obligations, the registration of ownership and transfer of which
173-20 shall be provided for by the authority under a system of books and
173-21 records maintained by the authority or by an agent appointed by the
173-22 authority in resolution providing for issuance of its bonds. Bonds
173-23 may mature serially or otherwise not more than 40 years from their
173-24 date. Bonds may bear no interest or may bear interest at any rate
173-25 or rates, fixed, variable, floating, or otherwise, determined by
173-26 the board or determined pursuant to any contractual arrangements
173-27 approved by the board, not to exceed the maximum net effective
174-1 interest rate allowed by Chapter 1204, Government Code [3, Acts of
174-2 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
174-3 Vernon's Texas Civil Statutes)]. Interest on the bonds may be
174-4 payable at any time, and the rate of interest on the bonds may be
174-5 adjusted at such time as may be determined by the board or as may
174-6 be determined pursuant to any contractual arrangement approved by
174-7 the board. In connection with the issuance of its bonds, the board
174-8 may exercise the powers granted to the governing body of an issuer
174-9 in connection with the issuance of obligations under Chapter 1371,
174-10 Government Code [656, Acts of the 68th Legislature, Regular
174-11 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)], to
174-12 the extent not inconsistent with this chapter.
174-13 (d) All bonds issued by the authority are subject to review
174-14 and approval by the attorney general in the same manner and with
174-15 the same effect as is provided by Chapter 1371, Government Code
174-16 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
174-17 717q, Vernon's Texas Civil Statutes)].
174-18 SECTION 8.203. Section 58.035, Agriculture Code, is amended
174-19 to read as follows:
174-20 Sec. 58.035. REFUNDING BONDS. The authority may issue,
174-21 sell, and deliver bonds to refund all or any part of its
174-22 outstanding bonds, including the payment of any redemption premium
174-23 and interest accrued, under such terms, conditions, and details as
174-24 determined by the board. Bonds issued by the authority may be
174-25 refunded in the manner provided by any other applicable statute,
174-26 including Chapter 1207, Government Code [503, Acts of the 54th
174-27 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
175-1 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
175-2 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
175-3 Statutes)]. Bonds, the provision for the payment of all interest
175-4 and applicable premiums on which and the principal of which has
175-5 been made through the irrevocable deposit of money with the
175-6 comptroller in accordance with the provisions of such an applicable
175-7 statute, shall no longer be charged against the issuing authority
175-8 of the authority, and on the making of such provision such issuing
175-9 authority shall, to the extent of the principal amount of such
175-10 bonds, be restored.
175-11 SECTION 8.204. Section 16.061(a), Civil Practice and
175-12 Remedies Code, is amended to read as follows:
175-13 (a) A right of action of this state or a political
175-14 subdivision of the state, including a county, an incorporated city
175-15 or town, a navigation district, a municipal utility district, a
175-16 port authority, an entity acting under Chapter 54, Transportation
175-17 Code [341, Acts of the 57th Legislature, Regular Session, 1961
175-18 (Article 1187f, Vernon's Texas Civil Statutes)], a school district,
175-19 or an entity created under Section 52, Article III, or Section 59,
175-20 Article XVI, Texas Constitution, is not barred by any of the
175-21 following sections: 16.001-16.004, 16.006, 16.007, 16.021-16.028,
175-22 16.030-16.032, 16.035-16.037, 16.051, 16.062, 16.063,
175-23 16.065-16.067, 16.070, 16.071, 31.006, or 71.021.
175-24 SECTION 8.205. Section 34.005(b), Education Code, is amended
175-25 to read as follows:
175-26 (b) The warrants must mature in serial installments not
175-27 later than the fifth anniversary of the date of issue and bear
176-1 interest at a rate not to exceed the maximum rate provided by
176-2 Section 1204.006, Government Code [2(a), Chapter 3, Acts of the
176-3 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
176-4 Texas Civil Statutes)]. The warrants shall be issued and sold at
176-5 not less than their face value.
176-6 SECTION 8.206. Section 34.009(d), Education Code, is amended
176-7 to read as follows:
176-8 (d) Termination penalties may not be included in any
176-9 contract under this section. The net effective interest rate on
176-10 any contract must comply with Chapter 1204, Government Code [3,
176-11 Acts of the 61st Legislature, Regular Session, 1969 (Article
176-12 717k-2, Vernon's Texas Civil Statutes)].
176-13 SECTION 8.207. Sections 45.0011(b) and (f), Education Code,
176-14 are amended to read as follows:
176-15 (b) A district to which this section applies may, in the
176-16 issuance of bonds as provided by Sections 45.001 and 45.003(b)(1),
176-17 exercise the powers granted to the governing body of an issuer with
176-18 regard to the issuance of obligations and execution of credit
176-19 agreements under Chapter 1371, Government Code [656, Acts of the
176-20 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
176-21 Texas Civil Statutes)].
176-22 (f) Sections 1371.057 and 1371.059, Government Code, govern
176-23 [Section 6, Chapter 656, Acts of the 68th Legislature, Regular
176-24 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes),
176-25 governs] approval by the attorney general of obligations issued
176-26 under the authority of this section.
176-27 SECTION 8.208. Section 45.004(j), Education Code, is amended
177-1 to read as follows:
177-2 (j) Refunding bonds may be issued under this section to
177-3 refund any bonds that are scheduled to mature or that are subject
177-4 to redemption before maturity, not more than 20 years from the date
177-5 of the refunding bonds. The refunding bonds may be sold at public
177-6 or private sale under the procedures, at the price, and on the
177-7 terms determined by the governing board or commissioners court. In
177-8 addition, the bonds may be sold bearing interest at the rate
177-9 determined by the governing board or commissioners court, but not
177-10 to exceed the maximum rate prescribed by Chapter 1204, Government
177-11 Code [3, Acts of the 61st Legislature, Regular Session, 1969
177-12 (Article 717k-2, Vernon's Texas Civil Statutes)]. The governing
177-13 board or commissioners court may pledge to the payment of any
177-14 refunding bonds any surplus income to be available from the
177-15 investment or reinvestment of any deposit made as authorized by
177-16 this section or any other available revenues, income, or resources.
177-17 SECTION 8.209. Section 45.054, Education Code, is amended to
177-18 read as follows:
177-19 Sec. 45.054. ELIGIBILITY. To be eligible for approval by
177-20 the commissioner, bonds must be issued under Subchapter A of this
177-21 chapter or under Subchapter A, Chapter 1207, Government Code, to
177-22 make a deposit under Subchapter B or C of that chapter [Chapter
177-23 503, Acts of the 54th Legislature, 1955 (Article 717k, Vernon's
177-24 Texas Civil Statutes)], by an accredited school district.
177-25 SECTION 8.210. Section 45.082(c), Education Code, is amended
177-26 to read as follows:
177-27 (c) The board is not required to comply with this section if
178-1 the sale is:
178-2 (1) to a corporation established by the district under
178-3 Chapter 303, Local Government Code [Article 717s, Revised
178-4 Statutes]; and
178-5 (2) subject to a lease-purchase agreement under which
178-6 the district will acquire the real property.
178-7 SECTION 8.211. Section 45.085(h), Education Code, is amended
178-8 to read as follows:
178-9 (h) Chapter 1201, Chapter 1204, and Subchapters A-C, Chapter
178-10 1207, Government Code [Chapter 503, Acts of the 54th Legislature,
178-11 1955 (Article 717k, Vernon's Texas Civil Statutes), Chapter 3, Acts
178-12 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
178-13 Vernon's Texas Civil Statutes), and the Bond Procedures Act of 1981
178-14 (Article 717k-6, Vernon's Texas Civil Statutes)], apply to bonds
178-15 issued pursuant to this subchapter.
178-16 SECTION 8.212. Section 45.104(d), Education Code, is amended
178-17 to read as follows:
178-18 (d) A loan secured by delinquent taxes may bear interest at
178-19 a rate not to exceed the maximum rate provided by Section 1204.006,
178-20 Government Code [2(a), Chapter 3, Acts of the 61st Legislature,
178-21 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
178-22 Statutes)].
178-23 SECTION 8.213. Section 45.111(i), Education Code, is amended
178-24 to read as follows:
178-25 (i) Each governing body may refund or refinance outstanding
178-26 certificates by issuing new interest-bearing certificates within
178-27 the limitations and conditions provided in this section. The new
179-1 certificates shall be issued and delivered in lieu of and on
179-2 surrender to the comptroller and the cancellation of the
179-3 obligations being refunded, and the comptroller shall register the
179-4 new certificates and deliver them in accordance with the order
179-5 authorizing their issuance. The new certificates may be issued in
179-6 accordance with Subchapter A, Chapter 1207, Government Code, and
179-7 delivered in accordance with Subchapter B or C of that chapter
179-8 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
179-9 Vernon's Texas Civil Statutes)].
179-10 SECTION 8.214. Section 52.17(f), Education Code, is amended
179-11 to read as follows:
179-12 (f) With respect to loans granted under this chapter, the
179-13 board shall file semiannually with the Bond Review Board [bond
179-14 review board established under Chapter 1078, Acts of the 70th
179-15 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
179-16 Civil Statutes),] a report on the performance of the loans, the
179-17 Texas college interest and sinking fund, and each board interest
179-18 and sinking fund. The Bond Review Board [bond review board] shall
179-19 review the reports filed by the board under this subsection to
179-20 assess the performance of the loans under this chapter, the Texas
179-21 college interest and sinking fund, and each board interest and
179-22 sinking fund. The filing dates and the contents of the reports
179-23 must comply with any rules adopted by the Bond Review Board [bond
179-24 review board].
179-25 SECTION 8.215. Section 52.82(b), Education Code, is amended
179-26 to read as follows:
179-27 (b) Before the board may issue bonds under this subchapter,
180-1 the Bond Review Board [bond review board] must review and approve
180-2 the bonds under Chapter 1231, Government Code [1078, Acts of the
180-3 70th Legislature, Regular Session, 1987 (Article 717k-7, Vernon's
180-4 Texas Civil Statutes)].
180-5 SECTION 8.216. Section 53.35(a), Education Code, is amended
180-6 to read as follows:
180-7 (a) The bonds shall be authorized by resolution adopted by a
180-8 majority vote of a quorum of the board. Bonds authorized under
180-9 this section shall be issued in accordance with Chapter 1201,
180-10 Government Code [845, Acts of the 67th Legislature, Regular
180-11 Session, 1981 (Article 717k-6, Vernon's Texas Civil Statutes)].
180-12 The bonds shall mature serially or otherwise in not to exceed 50
180-13 years. The rate of interest to be borne by the bonds shall not
180-14 exceed the maximum rate prescribed by Chapter 1204, Government Code
180-15 [3, Acts of the 61st Legislature, Regular Session, 1969 (Article
180-16 717k-2, Vernon's Texas Civil Statutes)].
180-17 SECTION 8.217. Section 53.36(b), Education Code, is amended
180-18 to read as follows:
180-19 (b) If, prior to the day set for the adoption of the bond
180-20 resolution, there is presented to the secretary or president of the
180-21 board a petition signed by not less than 10 percent of the
180-22 qualified voters residing in the city or cities comprising the
180-23 authority, who own taxable property in the authority and who have
180-24 duly rendered it for taxation to the city in which such property is
180-25 located or situated, requesting an election on the proposition for
180-26 the issuance of the bonds, the bonds shall not be issued unless an
180-27 election is held and a majority vote is in favor of the bonds. The
181-1 election shall be called and held in accordance with the procedure
181-2 prescribed in Chapter 1251, Government Code [1, Title 22, Revised
181-3 Civil Statutes of Texas, 1925, as amended], with the board and the
181-4 president and secretary performing the functions there assigned to
181-5 the governing body of the city, the mayor and city secretary,
181-6 respectively. If no such petition is filed, the bonds may be
181-7 issued without an election. However, the board may call an
181-8 election on its own motion without the filing of the petition.
181-9 SECTION 8.218. Section 53.39, Education Code, is amended to
181-10 read as follows:
181-11 Sec. 53.39. REFUNDING BONDS. Bonds may be issued for the
181-12 purpose of refunding outstanding bonds in the manner provided in
181-13 this chapter for other bonds, and may be exchanged by the
181-14 comptroller [of public accounts] or sold and the proceeds applied
181-15 in accordance with the procedure prescribed by Subchapter B or C,
181-16 Chapter 1207, Government Code [Chapter 503, Acts of the 54th
181-17 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes)].
181-18 SECTION 8.219. Section 53.47(a), Education Code, is amended
181-19 to read as follows:
181-20 (a) An authority may, upon approval of the city or cities
181-21 which created the same, issue revenue bonds or otherwise borrow
181-22 money to obtain funds to purchase or to make student or parent loan
181-23 notes which are guaranteed under the provisions of the Higher
181-24 Education Act of 1965 (Public Law 89-329). Revenue bonds issued
181-25 for such purpose shall be issued in accordance with and with the
181-26 effect provided in this chapter, except Section 53.36 shall not
181-27 apply, as this [said] chapter has been modified by Chapter 1204,
182-1 Government Code, and Subchapters A and D, Chapter 1207, Government
182-2 Code [3, Acts of the 61st Legislature, Regular Session, 1969, as
182-3 amended (Article 717k-2, Vernon's Texas Civil Statutes), and by
182-4 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
182-5 (Article 717k-3, Vernon's Texas Civil Statutes)]. Such bonds shall
182-6 be payable from and secured by a pledge of revenues derived from or
182-7 by reason of the ownership of student or parent loan notes and
182-8 investment income after deduction of such expenses or operating the
182-9 loan program as may be specified by the bond resolution or trust
182-10 indenture.
182-11 SECTION 8.220. Section 55.25, Education Code, is amended to
182-12 read as follows:
182-13 Sec. 55.25. APPLICABILITY OF OTHER LAW; CONFLICTS. Chapters
182-14 1201, 1202, 1204, and 1371, Government Code [Chapter 656, Acts of
182-15 the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
182-16 Texas Civil Statutes), Chapter 3, Acts of the 61st Legislature,
182-17 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
182-18 Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
182-19 Vernon's Texas Civil Statutes), and Chapter 53, Acts of the 70th
182-20 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
182-21 Texas Civil Statutes)], apply to all bonds issued pursuant to this
182-22 chapter; provided, however, that in the event of any conflict
182-23 between such laws and this chapter, the provisions of this chapter
182-24 prevail.
182-25 SECTION 8.221. Section 56.126(c), Education Code, is amended
182-26 to read as follows:
182-27 (c) The board must issue the bonds in the manner provided by
183-1 Chapter 1201, Government Code [the Bond Procedures Act of 1981
183-2 (Article 717k-6, Vernon's Texas Civil Statutes)].
183-3 SECTION 8.222. Section 56.129, Education Code, is amended to
183-4 read as follows:
183-5 Sec. 56.129. INTEREST RATE. The revenue bonds or refunding
183-6 bonds must bear interest at a rate not to exceed the rate provided
183-7 by Chapter 1204, Government Code [3, Acts of the 61st Legislature,
183-8 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
183-9 Statutes)].
183-10 SECTION 8.223. Section 65.46(d), Education Code, is amended
183-11 to read as follows:
183-12 (d) The board may enter into financing programs under which
183-13 the board may issue notes for any lawful purpose for which bonds or
183-14 notes may be issued and may make provision for the notes initially
183-15 issued under the programs to be refinanced, renewed, or refunded
183-16 throughout the period of the programs by the issuance, sale, and
183-17 delivery of additional notes. The notes may be secured in any
183-18 manner provided by law for securing notes or bonds, and also may be
183-19 secured by the proceeds of the sale of notes, the proceeds of the
183-20 sale of bonds, or credit agreements, all as the board provides in
183-21 the resolution authorizing the financing program and the issuance
183-22 of notes under the program. The board may:
183-23 (1) provide in the resolution authorizing the
183-24 financing program for the maximum principal amount of notes to be
183-25 outstanding at any time under the financing program;
183-26 (2) provide for the authorization of one or more
183-27 officers or employees of the board to act on behalf of the board in
184-1 selling and delivering notes and fixing their dates, prices,
184-2 interest rates, terms of payment, and other procedures relating to
184-3 the notes as specified in the resolution;
184-4 (3) contract for the future sale of notes under which
184-5 designated purchasers are committed to purchase notes from time to
184-6 time on the terms and conditions stated in the contract, including
184-7 a credit agreement executed in connection with the notes;
184-8 (4) provide for the payment of consideration that the
184-9 board considers proper for the purchase commitments, and provide
184-10 for the payment of the consideration out of proceeds from the sale
184-11 of notes or from any other source that is available for the purpose
184-12 of paying the notes or that may otherwise be legally available to
184-13 make the payments; and
184-14 (5) exercise any other rights and powers that are
184-15 granted to issuers of [short term] obligations under Chapter 1371,
184-16 Government Code [656, Acts of the 68th Legislature, Regular
184-17 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)], which
184-18 also governs the approval by the attorney general of the notes,
184-19 related credit agreements, and other contracts or instruments and
184-20 the registration of the notes by the comptroller [of public
184-21 accounts].
184-22 SECTION 8.224. Sections 130.1221(b) and (e), Education Code,
184-23 are amended to read as follows:
184-24 (b) A district to which this section applies may, in the
184-25 issuance of bonds as provided by Section 130.122, exercise the
184-26 powers granted to the governing body of an issuer with regard to
184-27 the issuance of obligations and execution of credit agreements
185-1 under Chapter 1371, Government Code [656, Acts of the 68th
185-2 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
185-3 Civil Statutes)].
185-4 (e) Sections 1371.057 and 1371.059, Government Code, govern
185-5 [Section 6, Chapter 656, Acts of the 68th Legislature, Regular
185-6 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes),
185-7 governs] approval by the attorney general of obligations issued
185-8 under the authority of this section.
185-9 SECTION 8.225. Section 130.125(a)(5), Education Code, is
185-10 amended to read as follows:
185-11 (5) "Obligations" means notes, warrants, or other
185-12 special obligations authorized to be issued by an issuer under the
185-13 provisions of this section and all "public securities" ["bonds"] as
185-14 defined by Section 1201.002, Government Code [in the Bond
185-15 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
185-16 Statutes)], which prior to the delivery thereof, have been rated by
185-17 a nationally recognized rating agency for municipal securities in
185-18 either one of the three highest ranking categories for short-term
185-19 obligations or one of the four highest ranking categories for
185-20 long-term obligations. It is provided, however, that the term
185-21 "obligations" does not mean or include any obligations payable from
185-22 ad valorem taxes.
185-23 SECTION 8.226. Section 130.125(c), Education Code, is
185-24 amended to read as follows:
185-25 (c) The issuance of obligations shall be authorized by
185-26 resolution or order of the governing body of an issuer, which
185-27 resolution or order shall fix the maximum amount of obligations to
186-1 be issued or, if applicable, the maximum principal amount which may
186-2 be outstanding at any time, the maximum term obligations issued and
186-3 delivered pursuant to such authorization shall be outstanding, the
186-4 maximum interest rate to be borne by the obligations (within the
186-5 limitations of Chapter 1204, Government Code) [3, Acts of the 61st
186-6 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
186-7 Civil Statutes))], the manner of sale (which may be by either
186-8 public or private sale), price, form, terms, conditions, and
186-9 covenants thereof. The resolution or order authorizing the
186-10 issuance of obligations may provide for the designation of a paying
186-11 agent and registrar for the obligations and may authorize one or
186-12 more designated officers or employers of the issuer to act on
186-13 behalf of the issuer from time to time in the selling and
186-14 delivering of obligations authorized and fixing the dates, price,
186-15 interest rates, interest payment periods, and other procedures as
186-16 may be specified in the resolution or order. Obligations may be
186-17 issued in such form or such denomination, payable at such time or
186-18 times, in such amount or amounts or installments, at such place or
186-19 places, in such form, under such terms, conditions, and details, in
186-20 such manner, redeemable prior to maturity at any time or times,
186-21 bearing no interest, or bearing interest at any rate or rates
186-22 (either fixed, variable, floating, adjustable, or otherwise, all as
186-23 determined in accordance with the resolution or order providing for
186-24 the issuance of the obligations, which resolution or order may
186-25 provide a formula, index, contract, or any other arrangement for
186-26 the periodic determination of interest rates), not to exceed the
186-27 maximum net effective interest rate allowed by law and may be
187-1 signed or otherwise executed in such manner, with manual or
187-2 facsimile signatures, and with or without a seal, all as shall be
187-3 specified by the governing body of the issuer in the resolution or
187-4 order authorizing the issuance of the obligations. The proceeds
187-5 received from the sale of obligations may be deposited or invested
187-6 in any manner and in such obligations as may be specified in the
187-7 resolution or order or other proceedings authorizing the
187-8 obligations. In the event any officer or officers whose signatures
187-9 are on any obligations cease to be such officer or officers before
187-10 the delivery thereof to the purchaser, such signature or signatures
187-11 shall nevertheless be valid and sufficient for all purposes and the
187-12 successor or successors in office of any such officers shall be
187-13 fully authorized to complete the execution, authentication, or
187-14 delivery of said obligations to the purchaser or purchasers
187-15 thereof.
187-16 SECTION 8.227. Section 130.126(d), Education Code, is
187-17 amended to read as follows:
187-18 (d) Except as provided by Subsection (b) of this section,
187-19 the governing board of a public junior college district or regional
187-20 college district must issue the notes in the manner provided by
187-21 Chapter 1201, Government Code [the Bond Procedures Act of 1981
187-22 (Article 717k-6, Vernon's Texas Civil Statutes)].
187-23 SECTION 8.228. Sections 130.127 and 130.129, Education Code,
187-24 are amended to read as follows:
187-25 Sec. 130.127. REFUNDING NOTES. The governing board of a
187-26 public junior college district or regional college district may
187-27 issue refunding notes to refund notes issued under Section 130.126
188-1 of this code in the manner and for the purposes provided by
188-2 Subchapter A, Chapter 1207, Government Code, to make a deposit
188-3 under Subchapter B or C of that chapter [Chapter 503, Acts of the
188-4 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
188-5 Statutes)].
188-6 Sec. 130.129. INTEREST RATE. Notes and refunding notes
188-7 issued under this subchapter must bear interest at a rate not to
188-8 exceed the rate provided by Chapter 1204, Government Code [3, Acts
188-9 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
188-10 Vernon's Texas Civil Statutes)].
188-11 SECTION 8.229. Section 41.012, Government Code, is amended
188-12 to read as follows:
188-13 Sec. 41.012. LIABILITY INSURANCE. A county or district
188-14 attorney may purchase, for himself and for his staff members,
188-15 liability insurance, or similar coverage from a governmental pool
188-16 operating under Chapter 119, Local Government Code, or a
188-17 self-insurance fund or risk retention group operating under Chapter
188-18 2259 [1084, Acts of the 70th Legislature, Regular Session, 1987
188-19 (Article 715c, Vernon's Texas Civil Statutes)], to insure against
188-20 claims arising from the performance of his official duties from
188-21 state or county funds appropriated or allocated for the expenses of
188-22 his office or from accounts maintained by the county or district
188-23 attorney, including but not limited to the fund created by charges
188-24 assessed by the county or district attorney in connection with the
188-25 collection of "insufficient fund" negotiable instruments.
188-26 SECTION 8.230. Section 404.027(c), Government Code, is
188-27 amended to read as follows:
189-1 (c) In this section:
189-2 (1) "Credit agreement" has the meaning assigned by
189-3 Section 1371.001. [1(6), Chapter 656, Acts of the 68th Legislature,
189-4 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
189-5 Statutes); and]
189-6 (2) "Obligations" include commercial paper, variable
189-7 rate demand obligations, and "public securities" ["bonds"] as
189-8 defined by Section 1201.002 [(1)(b), Chapter 845, Acts of the 67th
189-9 Legislature, Regular Session, 1981 (Article 717k-6, Vernon's Texas
189-10 Civil Statutes)].
189-11 SECTION 8.231. Section 404.103(d), Government Code, is
189-12 amended to read as follows:
189-13 (d) The trust company may act as escrow agent for refunding
189-14 bonds issued under Subchapter A, Chapter 1207, to make a deposit
189-15 under Subchapter B or C of that chapter [Chapter 503, Acts of the
189-16 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
189-17 Texas Civil Statutes)].
189-18 SECTION 8.232. Section 404.123(e), Government Code, is
189-19 amended to read as follows:
189-20 (e) The notes are not subject to review by the Bond Review
189-21 Board [bond review board created by Senate Bill 1027, Acts of the
189-22 70th Legislature, Regular Session, 1987].
189-23 SECTION 8.233. Sections 404.125(c) and (d), Government Code,
189-24 are amended to read as follows:
189-25 (c) In connection with the issuance of the notes, the
189-26 comptroller may exercise the powers granted to the governing body
189-27 of an issuer in connection with the issuance of obligations under
190-1 Chapter 1371 [656, Acts of the 68th Legislature, Regular Session,
190-2 1983 (Article 717q, Vernon's Texas Civil Statutes),] to the extent
190-3 not inconsistent with this section. The notes are subject to
190-4 review and approval by the attorney general in the same manner and
190-5 with the same effect as is provided by that chapter [Act].
190-6 (d) The comptroller is an authorized issuer under Chapter
190-7 1201 [the Bond Procedures Act of 1981 (Article 717k-6, Vernon's
190-8 Texas Civil Statutes)], and [the procedures, terms, and provisions
190-9 of] that chapter applies [Act apply] to the tax and revenue
190-10 anticipation notes authorized in this subchapter.
190-11 SECTION 8.234. Sections 465.025(b) and (c), Government Code,
190-12 are amended to read as follows:
190-13 (b) Bonds may bear no interest or may bear interest at a
190-14 rate or rates, fixed, variable, floating, or otherwise, determined
190-15 by the commission or a financing corporation, as applicable, or
190-16 determined pursuant to any contractual arrangements approved by the
190-17 commission or the financing corporation, as applicable, not to
190-18 exceed the maximum net effective interest rate allowed by Chapter
190-19 1204 [3, Acts of the 61st Legislature, Regular Session, 1969
190-20 (Article 717k-2, Vernon's Texas Civil Statutes)]. Interest on the
190-21 bonds may be payable at any time and the rate of interest on the
190-22 bonds may be adjusted at a time determined by the commission or the
190-23 financing corporation, as applicable, or as determined by
190-24 contractual arrangement approved by the commission or the financing
190-25 corporation, as applicable.
190-26 (c) In connection with the issuance of its bonds, the
190-27 commission and any financing corporation may exercise the powers
191-1 granted to the governing body of an issuer in connection with the
191-2 issuance of obligations under Chapter 1371 [656, Acts of the 68th
191-3 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
191-4 Civil Statutes),] to the extent not inconsistent with this section.
191-5 SECTION 8.235. Section 465.030, Government Code, is amended
191-6 to read as follows:
191-7 Sec. 465.030. REFUNDING. The commission and any financing
191-8 corporation may issue bonds to refund all or part of the
191-9 outstanding bonds of the commission or the financing corporation,
191-10 including matured but unpaid interest, in whole or in part, in the
191-11 manner provided by other applicable statutes, including Chapter
191-12 1207 [503, Acts of the 54th Legislature, Regular Session, 1955
191-13 (Article 717k, Vernon's Texas Civil Statutes), and Chapter 784,
191-14 Acts of the 61st Legislature, Regular Session, 1969 (Article
191-15 717k-3, Vernon's Texas Civil Statutes)]. If the provision for the
191-16 payment of all interest and applicable premiums on and principal of
191-17 revenue bonds issued under this subchapter has been made through
191-18 the irrevocable deposit of money with the comptroller as provided
191-19 by an applicable statute, the amount of the revenue bonds may no
191-20 longer be charged against the issuing authority of the commission
191-21 and the financing corporations, and on the making of that provision
191-22 the issuing authority is restored to the extent of the principal
191-23 amount of the revenue bonds.
191-24 SECTION 8.236. Section 481.023(a), Government Code, is
191-25 amended to read as follows:
191-26 (a) The department shall perform the administrative duties
191-27 prescribed under:
192-1 (1) Chapter 1433 [the Act for Development of
192-2 Employment, Industrial and Health Resources of 1971 (Article
192-3 5190.1, Vernon's Texas Civil Statutes)]; and
192-4 (2) the Development Corporation Act of 1979 (Article
192-5 5190.6, Vernon's Texas Civil Statutes).
192-6 SECTION 8.237. Section 495.021(b), Government Code, is
192-7 amended to read as follows:
192-8 (b) A contract under this section is subject to review and
192-9 approval by the Bond Review Board [bond review board] under the
192-10 provisions of Chapter 1231 [1078, Acts of the 70th Legislature,
192-11 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
192-12 Statutes),] without regard to the amount or the duration of the
192-13 contract.
192-14 SECTION 8.238. Section 531.191(f), Government Code, is
192-15 amended to read as follows:
192-16 (f) The design, development, and operation of an automated
192-17 data processing system to support the plan required by Subsection
192-18 (a) may be financed through the issuance of bonds or other
192-19 obligations under Chapter 1232 [the Texas Public Finance Authority
192-20 Act (Article 601d, Vernon's Texas Civil Statutes)].
192-21 SECTION 8.239. Section 612.005(d), Government Code, is
192-22 amended to read as follows:
192-23 (d) A political subdivision may satisfy this section by:
192-24 (1) electing to be self-insured under Chapter 2259
192-25 [1084, Acts of the 70th Legislature, Regular Session, 1987 (Article
192-26 715c, Vernon's Texas Civil Statutes)];
192-27 (2) entering into a risk retention group, risk
193-1 management pool, or interlocal contract with other political
193-2 subdivisions under [Chapter 1084, Acts of the 70th Legislature,
193-3 Regular Session, 1987 (Article 715c, Vernon's Texas Civil
193-4 Statutes),] Chapter 119, Local Government Code, or Chapter 791 or
193-5 2259; or
193-6 (3) providing for coverage by an insurance company
193-7 authorized to write motor vehicle liability insurance coverage.
193-8 SECTION 8.240. Section 2165.005(a), Government Code, is
193-9 amended to read as follows:
193-10 (a) This section prescribes the procedure for naming a
193-11 building owned by this [the] state, including a building financed
193-12 under Chapter 1232 [the Texas Public Finance Authority Act (Article
193-13 601d, Vernon's Texas Civil Statutes)].
193-14 SECTION 8.241. Sections 2166.453(d), (e), (g), and (h),
193-15 Government Code, are amended to read as follows:
193-16 (d) If the commission makes the necessary determination
193-17 under Subsection (c) and the purchase or construction is approved
193-18 under Subsection (b), the Texas Public Finance Authority shall
193-19 issue and sell bonds to finance the purchase or construction under
193-20 Chapter 1232 [the Texas Public Finance Authority Act (Article 601d,
193-21 Vernon's Texas Civil Statutes)], and the commission may purchase or
193-22 construct the building under that chapter [Act] and other
193-23 applicable law.
193-24 (e) The limitation prescribed by Section 1232.102 [9, Texas
193-25 Public Finance Authority Act (Article 601d, Vernon's Texas Civil
193-26 Statutes),] relating to the location of a building for which bonds
193-27 may be issued and sold does not apply to financing the purchase or
194-1 construction of a building under this section.
194-2 (g) If a state agency vacates leased space to move into
194-3 space in a building purchased or constructed under this section or
194-4 if the leased space itself is purchased under this section, the
194-5 money specifically appropriated by the legislature or the money
194-6 available to and budgeted by the agency for lease payments for the
194-7 leased space for the remainder of the biennium may be used only for
194-8 rental or installment payments for the purchased or constructed
194-9 space under Section 1232.116(b) [12(b), Texas Public Finance
194-10 Authority Act (Article 601d, Vernon's Texas Civil Statutes),] and
194-11 for the payment of operating expenses for the purchased or
194-12 constructed space that are incurred by the commission. The
194-13 comptroller may adopt rules for the administration of this
194-14 subsection.
194-15 (h) In this section, "total space occupancy costs" include:
194-16 (1) for leased space, the direct cost of the lease
194-17 payments for the space;
194-18 (2) for purchased or constructed space, the direct
194-19 cost of rental or installment payments for the space under Section
194-20 1232.116(b) [12(b), Texas Public Finance Authority Act (Article
194-21 601d, Vernon's Texas Civil Statutes)];
194-22 (3) the cost of necessary renovations;
194-23 (4) operating costs, including janitorial and utility
194-24 costs; and
194-25 (5) for purchased or constructed space, the cost of
194-26 maintaining a cash replacement reserve sufficient to service
194-27 structural maintenance requirements reflecting the expected
195-1 performance life of the major capital expense items of the building
195-2 for the term of the bonded indebtedness.
195-3 SECTION 8.242. Section 2166.553, Government Code, is amended
195-4 to read as follows:
195-5 Sec. 2166.553. ACQUISITION AND CONSTRUCTION OF BUILDINGS FOR
195-6 HEALTH AND HUMAN SERVICES AGENCIES. (a) The commission may not
195-7 acquire or approve construction of a building, including a building
195-8 the acquisition or construction of which is financed under Chapter
195-9 1232 [the Texas Public Finance Authority Act (Article 601d,
195-10 Vernon's Texas Civil Statutes)], to serve the needs of a single
195-11 health and human services agency unless the agency can provide a
195-12 reason to the commission for not sharing space in the building with
195-13 one or more other health and human services agencies.
195-14 (b) In this section, "health and human services agency"
195-15 means the:
195-16 (1) Interagency Council on Early Childhood
195-17 Intervention Services;
195-18 (2) Texas Department on Aging;
195-19 (3) Texas Commission on Alcohol and Drug Abuse;
195-20 (4) Texas Commission for the Blind;
195-21 (5) Texas Commission for the Deaf and Hard of Hearing
195-22 [Impaired];
195-23 (6) Texas Department of Health;
195-24 (7) Texas Department of Human Services;
195-25 (8) Texas Juvenile Probation Commission;
195-26 (9) Texas Department of Mental Health and Mental
195-27 Retardation;
196-1 (10) Texas Rehabilitation Commission; and
196-2 (11) Department of Protective and Regulatory Services.
196-3 SECTION 8.243. Section 2301.035, Government Code, is amended
196-4 to read as follows:
196-5 Sec. 2301.035. FUNDS. An authority may:
196-6 (1) make loans to public or private entities to fund
196-7 eligible projects;
196-8 (2) issue bonds to fund eligible projects; and
196-9 (3) encumber its property, pledge its revenues, and
196-10 enter credit agreements, as defined by Section 1371.001 [Chapter
196-11 656, Acts of the 68th Legislature, Regular Session, 1983 (Article
196-12 717q, Vernon's Texas Civil Statutes)], to secure its bonds.
196-13 SECTION 8.244. Section 2301.091(d), Government Code, is
196-14 amended to read as follows:
196-15 (d) In issuing bonds, an authority may exercise the powers
196-16 granted to the governing body of an issuer relating to the issuance
196-17 of obligations under Chapter 1371 [656, Acts of the 68th
196-18 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
196-19 Civil Statutes)].
196-20 SECTION 8.245. Sections 2301.092(e) and (g), Government
196-21 Code, are amended to read as follows:
196-22 (e) The bonds may bear no interest or a rate of interest
196-23 determined by the authority or by a contractual agreement approved
196-24 by the authority, but may not exceed the maximum net effective
196-25 interest rate allowed by Chapter 1204 [3, Acts of the 61st
196-26 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
196-27 Civil Statutes)].
197-1 (g) The bonds are subject to review and approval by the
197-2 attorney general in the same manner and with the same effect as is
197-3 provided by Chapter 1371 [656, Acts of the 68th Legislature,
197-4 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
197-5 Statutes)].
197-6 SECTION 8.246. Section 2303.509, Government Code, is amended
197-7 to read as follows:
197-8 Sec. 2303.509. DEVELOPMENT BONDS. To finance a project in
197-9 an enterprise zone, bonds may be issued under:
197-10 (1) Chapter 1433 [the Act for Development of
197-11 Employment, Industrial and Health Resources of 1971 (Article
197-12 5190.1, Vernon's Texas Civil Statutes)]; or
197-13 (2) the Development Corporation Act of 1979 (Article
197-14 5190.6, Vernon's Texas Civil Statutes).
197-15 SECTION 8.247. Section 2306.354(d), Government Code, is
197-16 amended to read as follows:
197-17 (d) The refunded bonds or obligations may be refunded in
197-18 another manner permitted by this chapter or other state law,
197-19 including Chapter 1207 [503, Acts of the 54th Legislature, Regular
197-20 Session, 1955 (Article 717k, Vernon's Texas Civil Statutes), and
197-21 Chapter 784, Acts of the 61st Legislature, Regular Session, 1969
197-22 (Article 717k-3, Vernon's Texas Civil Statutes)].
197-23 SECTION 8.248. Section 2310.408, Government Code, is amended
197-24 to read as follows:
197-25 Sec. 2310.408. DEVELOPMENT BONDS. To finance a project in a
197-26 readjustment zone, bonds may be issued under:
197-27 (1) Chapter 1433 [the Act for Development of
198-1 Employment, Industrial and Health Resources of 1971 (Article
198-2 5190.1, Vernon's Texas Civil Statutes)]; or
198-3 (2) the Development Corporation Act of 1979 (Article
198-4 5190.6, Vernon's Texas Civil Statutes).
198-5 SECTION 8.249. Section 221.064(b), Health and Safety Code,
198-6 is amended to read as follows:
198-7 (b) The net effective interest rate on the bonds, computed
198-8 according to Chapter 1204, Government Code [3, Acts of the 61st
198-9 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
198-10 Civil Statutes)], may not exceed the maximum annual interest rate
198-11 established for business loans of $250,000 or more in this state.
198-12 SECTION 8.250. Section 223.016(b), Health and Safety Code,
198-13 is amended to read as follows:
198-14 (b) Land previously acquired by eminent domain by an issuer
198-15 may be sold or leased under this chapter if the governing body of
198-16 the issuer determines that:
198-17 (1) the use of the land will not interfere with the
198-18 purpose for which the land was originally acquired or that the land
198-19 is no longer needed for that purpose;
198-20 (2) at least seven years have elapsed since the date
198-21 the land was acquired by eminent domain; and
198-22 (3) the land was not acquired for park purposes or, if
198-23 the land was acquired for park purposes, the sale or lease of
198-24 parkland has been approved at an election held under Section
198-25 1502.055, Government Code [Article 1112, Revised Statutes].
198-26 SECTION 8.251. Section 223.026(d), Health and Safety Code,
198-27 is amended to read as follows:
199-1 (d) The issuer may provide for execution of the bonds and
199-2 any coupons using a facsimile signature under Chapter 618,
199-3 Government Code [204, Acts of the 57th Legislature, Regular
199-4 Session, 1961 (Article 717j-1, Vernon's Texas Civil Statutes)]. If
199-5 the signature or a facsimile signature of a person who has been an
199-6 officer appears on a bond or coupon, the signature or facsimile
199-7 signature is valid and sufficient for all purposes, regardless of
199-8 whether the person is an officer when the bonds are delivered.
199-9 SECTION 8.252. Section 262.043(b), Health and Safety Code,
199-10 is amended to read as follows:
199-11 (b) Revenue bonds may:
199-12 (1) be sold at a price and under terms that the board
199-13 considers the most advantageous reasonably obtainable, except that
199-14 the net effective interest rate computed according to [as defined
199-15 by] Chapter 1204, Government Code [3, Acts of the 61st Legislature,
199-16 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
199-17 Statutes)], may not exceed 10 percent a year;
199-18 (2) be made callable before maturity at times and
199-19 prices prescribed in the resolution authorizing the bonds; and
199-20 (3) be made registrable as to principal or as to
199-21 principal and interest.
199-22 SECTION 8.253. Section 262.045(b), Health and Safety Code,
199-23 is amended to read as follows:
199-24 (b) The election shall be ordered and held as provided by
199-25 Chapter 1251, Government Code [1, Title 22, Revised Statutes]. The
199-26 board, president, and secretary shall perform the functions
199-27 assigned under that chapter respectively to the municipality's
200-1 governing body, mayor, and municipal secretary.
200-2 SECTION 8.254. Section 262.048(b), Health and Safety Code,
200-3 is amended to read as follows:
200-4 (b) Bonds issued under this chapter may be exchanged by the
200-5 comptroller or sold. The proceeds shall be applied as provided by
200-6 Subchapters B and C, Chapter 1207, Government Code [Chapter 503,
200-7 Acts of the 54th Legislature, 1955 (Article 717k, Vernon's Texas
200-8 Civil Statutes)], or other applicable law.
200-9 SECTION 8.255. Section 264.043(b), Health and Safety Code,
200-10 is amended to read as follows:
200-11 (b) Revenue bonds may:
200-12 (1) be sold at a price and under terms that the board
200-13 considers the most advantageous reasonably obtainable, except that
200-14 the net effective interest rate computed according to [as defined
200-15 by] Chapter 1204, Government Code [3, Acts of the 61st Legislature,
200-16 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
200-17 Statutes)], may not exceed 10 percent a year;
200-18 (2) be made callable before maturity at times and
200-19 prices prescribed in the resolution authorizing the bonds; and
200-20 (3) be made registrable as to principal or as to
200-21 principal and interest.
200-22 SECTION 8.256. Section 264.045(b), Health and Safety Code,
200-23 is amended to read as follows:
200-24 (b) The election shall be ordered and held as provided by
200-25 Chapter 1251, Government Code [1, Title 22, Revised Statutes]. The
200-26 board, president, and secretary shall perform the functions
200-27 assigned under that chapter respectively to the commissioners
201-1 court, county judge, and county clerk.
201-2 SECTION 8.257. Section 264.048(b), Health and Safety Code,
201-3 is amended to read as follows:
201-4 (b) Bonds issued under this section may be exchanged by the
201-5 comptroller or sold. The proceeds shall be applied as provided by
201-6 Subchapters B and C, Chapter 1207, Government Code [Chapter 503,
201-7 Acts of the 54th Legislature, 1955 (Article 717k, Vernon's Texas
201-8 Civil Statutes)], or other applicable law.
201-9 SECTION 8.258. Section 265.041(a), Health and Safety Code,
201-10 is amended to read as follows:
201-11 (a) The revenue bonds may mature serially or otherwise not
201-12 more than 40 years after they are issued. The bonds may bear
201-13 interest at a rate not to exceed the maximum rate provided by
201-14 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
201-15 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
201-16 Statutes)], and may be made redeemable prior to maturity.
201-17 SECTION 8.259. Section 265.043(a), Health and Safety Code,
201-18 is amended to read as follows:
201-19 (a) The revenue bonds may be sold at public or private sale
201-20 at a price and under terms determined by the directors. The bonds
201-21 may bear interest at a rate not to exceed the maximum rate provided
201-22 by Chapter 1204, Government Code [3, Acts of the 61st Legislature,
201-23 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
201-24 Statutes)].
201-25 SECTION 8.260. Section 265.045(d), Health and Safety Code,
201-26 is amended to read as follows:
201-27 (d) The directors shall order an election requested under
202-1 Subsection (c) in the county and any part of the municipality that
202-2 is not in the county. The election shall be held substantially as
202-3 provided by Chapter 1251, Government Code [1, Title 22, Revised
202-4 Statutes]. The board may issue the bonds if the issuance is
202-5 approved at the election.
202-6 SECTION 8.261. Section 281.102(c), Health and Safety Code,
202-7 is amended to read as follows:
202-8 (c) The election must be:
202-9 (1) called and held in accordance with Chapter 1251,
202-10 Government Code [1, Title 22, Revised Statutes]; and
202-11 (2) conducted in the same manner as other countywide
202-12 elections.
202-13 SECTION 8.262. Section 283.102(b), Health and Safety Code,
202-14 is amended to read as follows:
202-15 (b) The election must be:
202-16 (1) ordered 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 8.263. Section 285.025(b), Health and Safety Code,
202-21 is amended to read as follows:
202-22 (b) The bonds may not bear interest at a rate greater than
202-23 that allowed by Chapter 1204, Government Code [3, Acts of the 61st
202-24 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
202-25 Civil Statutes)].
202-26 SECTION 8.264. Section 286.143(c), Health and Safety Code,
202-27 is amended to read as follows:
203-1 (c) Notice of a bond election shall be given as provided by
203-2 Section 1251.003, Government Code [Article 704, Revised Statutes].
203-3 SECTION 8.265. Sections 286.145(b) and (c), Health and
203-4 Safety Code, are amended to read as follows:
203-5 (b) The bonds must be issued in the manner provided by
203-6 Subchapter D, Chapter 1207, Government Code [Chapter 784, Acts of
203-7 the 61st Legislature, Regular Session, 1969 (Article 717k-3,
203-8 Vernon's Texas Civil Statutes)].
203-9 (c) The refunding bonds may be sold and the proceeds applied
203-10 to the payment of outstanding indebtedness or may be exchanged in
203-11 whole or in part for not less than a similar principal amount of
203-12 outstanding indebtedness. If the refunding bonds are to be sold
203-13 and the proceeds applied to the payment of outstanding
203-14 indebtedness, the refunding bonds must be issued and payments made
203-15 in the manner provided by Subchapters A-C, Chapter 1207, Government
203-16 Code [Chapter 503, Acts of the 54th Legislature, Regular Session,
203-17 1955 (Article 717k, Vernon's Texas Civil Statutes)].
203-18 SECTION 8.266. Sections 286.146 and 286.147, Health and
203-19 Safety Code, are amended to read as follows:
203-20 Sec. 286.146. INTEREST AND MATURITY. District bonds must
203-21 mature not later than the 50th anniversary of the date of their
203-22 issuance and must bear interest at a rate not to exceed that
203-23 provided by Chapter 1204, Government Code [3, Acts of the 61st
203-24 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
203-25 Civil Statutes)].
203-26 Sec. 286.147. EXECUTION OF BONDS. The president of the
203-27 board shall execute the bonds in the name of the district, and the
204-1 secretary of the board shall countersign the bonds in the manner
204-2 provided by Chapter 618, Government Code [the Texas Uniform
204-3 Facsimile Signature of Public Officials Act (Article 717j-1,
204-4 Vernon's Texas Civil Statutes)].
204-5 SECTION 8.267. Sections 287.143(b) and (c), Health and
204-6 Safety Code, are amended to read as follows:
204-7 (b) The bonds must be issued in the manner provided by
204-8 Subchapter D, Chapter 1207, Government Code [Chapter 784, Acts of
204-9 the 61st Legislature, Regular Session, 1969 (Article 717k-3,
204-10 Vernon's Texas Civil Statutes)].
204-11 (c) The refunding bonds may be sold and the proceeds applied
204-12 to the payment of outstanding indebtedness or may be exchanged in
204-13 whole or in part for not less than a similar principal amount of
204-14 outstanding indebtedness. If the refunding bonds are to be sold
204-15 and the proceeds applied to the payment of outstanding
204-16 indebtedness, the refunding bonds must be issued and payments made
204-17 in the manner provided by Subchapters A-C, Chapter 1207, Government
204-18 Code [Chapter 503, Acts of the 54th Legislature, Regular Session,
204-19 1955 (Article 717k, Vernon's Texas Civil Statutes)].
204-20 SECTION 8.268. Sections 287.144 and 287.145, Health and
204-21 Safety Code, are amended to read as follows:
204-22 Sec. 287.144. INTEREST AND MATURITY. District bonds must
204-23 mature not later than the 50th anniversary of the date of their
204-24 issuance and must bear interest at a rate not to exceed that
204-25 provided by Chapter 1204, Government Code [3, Acts of the 61st
204-26 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
204-27 Civil Statutes)].
205-1 Sec. 287.145. EXECUTION OF BONDS. The president of the
205-2 board shall execute the bonds in the name of the district, and the
205-3 secretary of the board shall countersign the bonds in the manner
205-4 provided by Chapter 618, Government Code [the Texas Uniform
205-5 Facsimile Signature of Public Officials Act (Article 717j-1,
205-6 Vernon's Texas Civil Statutes)].
205-7 SECTION 8.269. Section 362.016(c), Health and Safety Code,
205-8 is amended to read as follows:
205-9 (c) A public agency that has taxing power may hold an
205-10 election substantially in accordance with Chapter 1251, Government
205-11 Code [1, Title 22, Revised Statutes], applicable to issuance of
205-12 bonds by a municipality to determine whether a contract may be an
205-13 obligation secured by the taxing power of the public agency to an
205-14 extent not permitted by Subsection (b). If it is determined by a
205-15 favorable vote at the election that the public agency is authorized
205-16 to levy an ad valorem tax to make all or part of the payments under
205-17 the contract, and that the payments are to be made unconditionally
205-18 regardless of whether the contracting person is willing and able to
205-19 receive and dispose of solid waste as provided by the contract, the
205-20 contract is an obligation secured by the public agency's taxing
205-21 power to the extent provided. The ballot proposition at the
205-22 election must plainly state that ad valorem tax funds may be used
205-23 to make contract payments if the contractor cannot receive or
205-24 dispose of solid waste because of mechanical failure of the
205-25 facility financed by the bonds or for other reasons.
205-26 SECTION 8.270. Sections 364.033(a) and (c), Health and
205-27 Safety Code, are amended to read as follows:
206-1 (a) A contract between a public agency and a county that is
206-2 authorized by the public agency's governing body is an obligation
206-3 against the public agency's taxing power to the extent provided by
206-4 the contract if:
206-5 (1) the public agency holds an election according to
206-6 applicable procedure provided by Chapter 1251, Government Code [1,
206-7 Title 22, Revised Statutes], relating to the issuance of bonds by a
206-8 municipality; and
206-9 (2) at the election, it is determined that the public
206-10 agency's governing body may levy an ad valorem tax to make any
206-11 payments required of the public agency under the contract.
206-12 (c) Only qualified voters of the public agency are entitled
206-13 to vote at an election held under this section, and except as
206-14 otherwise provided by this section and by Chapter 1251, Government
206-15 Code [1, Title 22, Revised Statutes], the Election Code governs an
206-16 election under this section.
206-17 SECTION 8.271. Section 364.054(a), Health and Safety Code,
206-18 is amended to read as follows:
206-19 (a) As an alternative for, or in addition to, the procedure
206-20 provided by Section 364.053, the board of directors of a district
206-21 may validate its bonds by filing suit under [in a district court in
206-22 the manner and with the effect provided by] Chapter 1205,
206-23 Government Code [400, Acts of the 66th Legislature, 1979 (Article
206-24 717m-1, Vernon's Texas Civil Statutes)].
206-25 SECTION 8.272. Section 383.026(b), Health and Safety Code,
206-26 is amended to read as follows:
206-27 (b) Before issuing bonds secured by other utility revenue,
207-1 the governing body must order an election to determine whether the
207-2 bonds may be issued. The governing body shall set the date of the
207-3 election in accordance with Section 41.001, Election Code. The
207-4 manner of holding the election is governed by Chapter 1251,
207-5 Government Code [1, Title 22, Revised Statutes]. If the majority of
207-6 voters who vote at the election approve the issuance of the bonds,
207-7 the governing body may issue the bonds.
207-8 SECTION 8.273. Section 402.094(c), Health and Safety Code,
207-9 is amended to read as follows:
207-10 (c) The authority may lease property on terms and conditions
207-11 the board determines advantageous to the authority, but land that
207-12 is part of a licensed disposal site may be leased only from the
207-13 Texas Public Finance Authority as provided by Chapter 1232,
207-14 Government Code [the Texas Public Finance Authority Act (Article
207-15 601d, Vernon's Texas Civil Statutes)].
207-16 SECTION 8.274. Section 402.292(b), Health and Safety Code,
207-17 is amended to read as follows:
207-18 (b) In the resolution or order authorizing the bonds, the
207-19 board may provide for the bonds to:
207-20 (1) be executed and delivered at any time as a single
207-21 issue or from time to time as several issues;
207-22 (2) be in any denomination and form, including
207-23 registered uncertified obligations not represented by written
207-24 instruments and commonly known as book-entry obligations, the
207-25 registration of ownership and transfer of which the authority shall
207-26 provide for under a system of books and records maintained by a
207-27 bank serving as trustee, paying agent, or bond registrar;
208-1 (3) be in coupon or registered form;
208-2 (4) be payable in installments and have a maturity
208-3 date not to exceed 30 years from date of issuance;
208-4 (5) be subject to terms of redemption prior to
208-5 maturity;
208-6 (6) be payable at a place or places;
208-7 (7) bear no interest or bear interest at any rate or
208-8 rates, fixed, variable, floating, or otherwise determined by the
208-9 board, not to exceed the maximum net effective interest rate
208-10 allowed by Chapter 1204, Government Code [3, Acts of the 61st
208-11 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
208-12 Civil Statutes)]; and
208-13 (8) contain other provisions not inconsistent with
208-14 this subchapter.
208-15 SECTION 8.275. Sections 402.293 and 402.295, Health and
208-16 Safety Code, are amended to read as follows:
208-17 Sec. 402.293. APPROVAL OF BONDS. Authority bonds are
208-18 subject to approval by the attorney general and the Bond Review
208-19 Board [bond review board] and registration by the comptroller as
208-20 provided by Chapters 1202 and 1231, Government Code [Article 3,
208-21 Chapter 53, Acts of the 70th Legislature, 2nd Called Session, 1987
208-22 (Article 717k-8, Vernon's Texas Civil Statutes), and Chapter 1078,
208-23 Acts of the 70th Legislature, Regular Session, 1987 (Article
208-24 717k-7, Vernon's Texas Civil Statutes)].
208-25 Sec. 402.295. REFUNDING BONDS. The authority may issue
208-26 bonds to refund all or part of its outstanding bonds, including
208-27 unpaid interest, in the same manner provided by law, including
209-1 Chapter 1207, Government Code [503, Acts of the 54th Legislature,
209-2 Regular Session, 1955 (Article 717k, Vernon's Texas Civil
209-3 Statutes), and Chapter 784, Acts of the 61st Legislature, Regular
209-4 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
209-5 SECTION 8.276. Section 534.001(c), Health and Safety Code,
209-6 is amended to read as follows:
209-7 (c) A community center is:
209-8 (1) an agency of the state, a governmental unit, and a
209-9 unit of local government, as defined and specified by Chapters 101
209-10 and 102, Civil Practice and Remedies Code;
209-11 (2) a local government, as defined by Section 791.003,
209-12 Government Code;
209-13 (3) a local government for the purposes of Chapter
209-14 2259, Government Code [1084, Acts of the 70th Legislature, Regular
209-15 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes)]; and
209-16 (4) a political subdivision for the purposes of
209-17 Chapter 172, Local Government Code.
209-18 SECTION 8.277. Sections 534.022(b) and (e), Health and
209-19 Safety Code, are amended to read as follows:
209-20 (b) The community center shall issue the bonds or notes in
209-21 accordance with Chapters 1201 and 1371, Government Code [the Bond
209-22 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
209-23 Statutes), and Chapter 656, Acts of the 68th Legislature, Regular
209-24 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)]. The
209-25 attorney general must approve the bonds before issuance.
209-26 (e) A county or municipality acting alone or two or more
209-27 counties or municipalities acting jointly pursuant to interlocal
210-1 contract may create a public facility corporation to act on behalf
210-2 of one or more community centers pursuant to Chapter 303, Local
210-3 Government Code [the Public Facility Corporation Act (Article 717s,
210-4 Revised Statutes)]. Such counties or municipalities may exercise
210-5 the powers of a sponsor under that chapter [Act], and any such
210-6 corporation may exercise the powers of a corporation under that
210-7 chapter [Act] (including but not limited to the power to issue
210-8 bonds). The corporation may exercise its powers on behalf of
210-9 community centers in such manner as may be prescribed by the
210-10 articles and bylaws of the corporation, provided that in no event
210-11 shall one community center ever be liable to pay the debts or
210-12 obligation or be liable for the acts, actions, or undertakings of
210-13 another community center.
210-14 SECTION 8.278. Section 775.076(g), Health and Safety Code,
210-15 is amended to read as follows:
210-16 (g) The bonds and notes bear interest at rates not to exceed
210-17 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
210-18 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
210-19 Vernon's Texas Civil Statutes)].
210-20 SECTION 8.279. Section 776.076(g), Health and Safety Code,
210-21 is amended to read as follows:
210-22 (g) The bonds and notes bear interest at rates not to exceed
210-23 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
210-24 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
210-25 Vernon's Texas Civil Statutes)].
210-26 SECTION 8.280. Section 794.076(g), Health and Safety Code,
210-27 is amended to read as follows:
211-1 (g) The bonds and notes bear interest at rates not to exceed
211-2 the maximum rate allowed by Chapter 1204, Government Code [3, Acts
211-3 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
211-4 Vernon's Texas Civil Statutes)].
211-5 SECTION 8.281. Section 62.002(c), Human Resources Code, is
211-6 amended to read as follows:
211-7 (c) In accordance with the terms of the cooperative
211-8 agreement, each county which is a party to the agreement may issue
211-9 the bonds of the county as provided by Chapter 1301, Government
211-10 Code [2, Title 22, Revised Civil Statutes of Texas, 1925, as
211-11 amended], for the purpose of acquiring, maintaining, and operating
211-12 the facilities for juveniles.
211-13 SECTION 8.282. Section 504.015(a), Labor Code, is amended to
211-14 read as follows:
211-15 (a) This section applies to a municipal utility operated by
211-16 a board of trustees established under Section 1502.070, Government
211-17 Code [Article 1115, Revised Statutes], or a similar law.
211-18 SECTION 8.283. Section 504.017, Labor Code, is amended to
211-19 read as follows:
211-20 Sec. 504.017. FEDERAL AND STATE FUNDED TRANSPORTATION
211-21 ENTITIES. An entity is eligible to participate under Section
211-22 504.016[; Chapter 1084, Acts of the 70th Legislature, Regular
211-23 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes);] or
211-24 Chapter 791 or 2259, Government Code, if the entity provides
211-25 transportation subsidized in whole or in part by and provided to
211-26 clients of:
211-27 (1) the Texas Department on Aging;
212-1 (2) the Texas Commission on Alcohol and Drug Abuse;
212-2 (3) the Texas Commission for the Blind;
212-3 (4) the Texas Cancer Council;
212-4 (5) the Texas Commission for the Deaf and Hard of
212-5 Hearing;
212-6 (6) the Texas Department of Housing and Community
212-7 Affairs;
212-8 (7) the Texas Department of Human Services;
212-9 (8) the Texas Department of Mental Health and Mental
212-10 Retardation;
212-11 (9) the Texas Rehabilitation Commission; or
212-12 (10) the Texas Youth Commission.
212-13 SECTION 8.284. Section 504.073(b), Labor Code, is amended to
212-14 read as follows:
212-15 (b) In a proceeding involving workers' compensation for
212-16 employees of a municipal utility operated by a board of trustees
212-17 established under Section 1502.070, Government Code [Article 1115,
212-18 Revised Statutes], or a similar law, if the board of trustees is a
212-19 self-insurer, the municipality shall be represented by the
212-20 regularly employed attorney or outside counsel of the board of
212-21 trustees.
212-22 SECTION 8.285. Section 43.075(l), Local Government Code, is
212-23 amended to read as follows:
212-24 (l) The municipality may issue revenue refunding bonds in
212-25 its own name for the purpose of refunding outstanding district
212-26 revenue bonds, warrants, or other obligations, including unpaid
212-27 accrued interest on them, that are assumed by the municipality
213-1 under this section. The municipality may combine different issues
213-2 of district and municipal revenue bonds, warrants, or other
213-3 obligations into one series of revenue refunding bonds and may
213-4 pledge the net revenues of the utility systems or property to the
213-5 payment of the refunding bonds as the governing body considers
213-6 proper. Except as otherwise provided by this section, Chapter
213-7 1502, Government Code, applies [Articles 1111-1118, Vernon's Texas
213-8 Civil Statutes, apply] to the revenue refunding bonds, but an
213-9 election for the issuance of the bonds is not required. Refunding
213-10 bonds must bear interest at the same rate or at a lower rate than
213-11 that borne by the refunded obligations unless it is shown
213-12 mathematically that a different rate results in a savings in the
213-13 total amount of interest to be paid.
213-14 SECTION 8.286. Section 154.010(a), Local Government Code, is
213-15 amended to read as follows:
213-16 (a) A warrant may be drawn on either the general fund or
213-17 salary fund to pay any insurance premium or self-insurance pool
213-18 contribution for the purpose of providing insurance or other
213-19 coverage for the liabilities of an official or employee of the
213-20 county, a district attorney who has all or part of the county
213-21 within the district attorney's jurisdiction, or an official of any
213-22 special purpose district located, in whole or in part, in the
213-23 county arising from the performance of an official duty or a duty
213-24 of employment as authorized by Section 157.041 or Chapter 119[,
213-25 Local Government Code,] or by Chapter 791 or 2259, Government Code
213-26 [1084, Acts of the 70th Legislature, Regular Session, 1987 (Article
213-27 715c, Vernon's Texas Civil Statutes), or by the Interlocal
214-1 Cooperation Act (Chapter 791, Government Code)].
214-2 SECTION 8.287. Section 157.041, Local Government Code, is
214-3 amended to read as follows:
214-4 Sec. 157.041. GENERAL LIABILITY INSURANCE. (a) The
214-5 commissioners court of a county may obtain insurance or similar
214-6 coverage from a governmental pool operating under Chapter 119 or a
214-7 self-insurance fund or risk retention group operating under Chapter
214-8 2259, Government Code [1084, Acts of the 70th Legislature, Regular
214-9 Session, 1987 (Article 715c, Vernon's Texas Civil Statutes)], for
214-10 an official or employee of the county including county and precinct
214-11 peace officers designated by the commissioners court, a district
214-12 attorney who has all or part of the county within the district
214-13 attorney's jurisdiction, or an official of any special purpose
214-14 district located, in whole or in part, in the county against
214-15 liability arising from the performance of official duties or duties
214-16 of employment.
214-17 (b) Insurance provided under this section must be purchased
214-18 from an insurance company authorized to do business in this state
214-19 and must be on forms approved by the commissioner of insurance
214-20 [State Board of Insurance].
214-21 (c) The commissioner of insurance [State Board of Insurance]
214-22 shall adopt rules and set rates to implement this section.
214-23 (d) Coverage obtained from a pool operating under Chapter
214-24 119 or a self-insurance fund or risk retention group operating
214-25 under Chapter 2259, Government Code [1084, Acts of the 70th
214-26 Legislature, Regular Session, 1987 (Article 715c, Vernon's Texas
214-27 Civil Statutes)], is not insurance and, except as provided by
215-1 Subsections (b) and (c), is not subject to regulation by the
215-2 commissioner of insurance [Texas Department of Insurance].
215-3 SECTION 8.288. Section 157.043(b), Local Government Code, is
215-4 amended to read as follows:
215-5 (b) The commissioners court of a county may obtain insurance
215-6 or similar coverage from a governmental pool operating under
215-7 Chapter 119 or a self-insurance fund or risk retention group
215-8 operating under Chapter 2259, Government Code [1084, Acts of the
215-9 70th Legislature, Regular Session, 1987 (Article 715c, Vernon's
215-10 Texas Civil Statutes)], for a county officer or employee, insuring
215-11 the officer or employee from liability for losses arising from the
215-12 performance of official duties by the officer or duties of
215-13 employment by the employee, including losses resulting from errors
215-14 or omissions of the officer or employee or from crime, dishonesty,
215-15 or theft.
215-16 SECTION 8.289. Section 212.102(2), Local Government Code, is
215-17 amended to read as follows:
215-18 (2) "Assessment road district" means a road district
215-19 that has issued refunding bonds and that has imposed assessments on
215-20 each parcel of land under Subchapter C, Chapter 1471, Government
215-21 Code [Section 2.018, Article 726, Revised Statutes].
215-22 SECTION 8.290. Section 252.022(b), Local Government Code, is
215-23 amended to read as follows:
215-24 (b) This chapter does not apply to bonds or warrants issued
215-25 under Subchapter A, Chapter 421 [Title 118, Revised Statutes,
215-26 relating to seawalls].
215-27 SECTION 8.291. Section 262.029, Local Government Code, is
216-1 amended to read as follows:
216-2 Sec. 262.029. TIME WARRANT ELECTION. If before the date
216-3 tentatively set for the authorization of the issuance of time
216-4 warrants applying to a contract covered by this subchapter or if
216-5 before that authorization a petition signed by at least five
216-6 percent of the registered voters of the county is filed with the
216-7 county clerk protesting the issuance of the time warrants, the
216-8 county may not issue the time warrants unless the issuance is
216-9 approved at an election ordered and conducted in the manner
216-10 provided for county bond elections under Chapter 1251, Government
216-11 Code [1, Title 22, Revised Statutes].
216-12 SECTION 8.292. Section 270.004(d), Local Government Code, is
216-13 amended to read as follows:
216-14 (d) The commissioners court may issue negotiable bonds and
216-15 levy taxes for the interest and sinking funds of the bonds, in
216-16 accordance with Subtitles A and C, Title 9, Government Code
216-17 [Chapter 1, Title 22, Revised Statutes], to purchase or acquire in
216-18 another manner the land or housing and to improve, enlarge, extend,
216-19 or repair the land or housing.
216-20 SECTION 8.293. Sections 271.005(a) and (c), Local Government
216-21 Code, are amended to read as follows:
216-22 (a) The governing body of a governmental agency may execute,
216-23 perform, and make payments under a contract with any person for the
216-24 use or the purchase or other acquisition of any personal property,
216-25 or the financing thereof. The contract is an obligation of the
216-26 governmental agency. The contract may:
216-27 (1) be on the terms considered appropriate by the
217-1 governing body;
217-2 (2) be in the form of a lease, a lease with an option
217-3 or options to purchase, an installment purchase, or any other form
217-4 considered appropriate by the governing body including that of an
217-5 instrument which would be required to be approved by the attorney
217-6 general under [pursuant to] Chapter 1202, Government Code, [53,
217-7 Acts of the 70th Legislature, 2nd Called Session, 1987 (Article
217-8 717k-8, Vernon's Texas Civil Statutes)] provided that contracts in
217-9 such form must be approved by the attorney general in accordance
217-10 with the terms of that chapter [article];
217-11 (3) be for a term approved by the governing body and
217-12 contain an option or options to renew or extend the term; and
217-13 (4) be made payable from a pledge of all or any part
217-14 of any revenues, funds, or taxes available to the governmental
217-15 agency for its public purposes.
217-16 (c) A contract may provide for the payment of interest on
217-17 the unpaid amounts of the contract at a rate or rates and may
217-18 contain prepayment provisions, termination penalties, and other
217-19 provisions determined within the discretion of the governing body.
217-20 The net effective interest rate on the contract may not exceed the
217-21 net effective interest rate at which public securities may be
217-22 issued in accordance with Chapter 1204, Government Code [3, Acts of
217-23 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
217-24 Vernon's Texas Civil Statutes)]. Interest on the unpaid amounts of
217-25 a contract shall be computed as simple interest.
217-26 SECTION 8.294. Section 271.047(c), Local Government Code, is
217-27 amended to read as follows:
218-1 (c) A certificate may not mature over a period greater than
218-2 40 years from the date of the certificate and may not bear interest
218-3 at a rate greater than that allowed by Chapter 1204, Government
218-4 Code [3, Acts of the 61st Legislature, Regular Session, 1969
218-5 (Article 717k-2, Vernon's Texas Civil Statutes)].
218-6 SECTION 8.295. Section 271.049(c), Local Government Code, is
218-7 amended to read as follows:
218-8 (c) If before the date tentatively set for the authorization
218-9 of the issuance of the certificates or if before the authorization,
218-10 the municipal secretary or clerk if the issuer is a municipality,
218-11 or the county clerk if the issuer is a county, receives a petition
218-12 signed by at least five percent of the qualified voters of the
218-13 issuer protesting the issuance of the certificates, the issuer may
218-14 not authorize the issuance of the certificates unless the issuance
218-15 is approved at an election ordered, held, and conducted in the
218-16 manner provided for bond elections under Chapter 1251, Government
218-17 Code [1, Title 22, Revised Statutes].
218-18 SECTION 8.296. Section 271.050(c), Local Government Code, is
218-19 amended to read as follows:
218-20 (c) A certified copy of the proceedings relating to the
218-21 authorization of the certificates must be submitted to the attorney
218-22 general and must be approved by the attorney general as having been
218-23 authorized in accordance with this subchapter. The attorney
218-24 general shall examine the proceedings relating to the authorization
218-25 of the certificates. Subtitles A and C, Title 9, Government Code,
218-26 and Chapter 618, Government Code, [Articles 709 through 716,
218-27 Revised Statutes, and the Texas Uniform Facsimile Signature of
219-1 Public Officials Act (Article 717j-1, Vernon's Texas Civil
219-2 Statutes)] govern the execution, approval, registration, and
219-3 validity of the certificates. After registration of the
219-4 certificates by the comptroller [of public accounts], the
219-5 certificates are incontestable for any cause.
219-6 SECTION 8.297. Section 271.0525(b), Local Government Code,
219-7 is amended to read as follows:
219-8 (b) If, before the date tentatively set for the
219-9 authorization of refinancing certificates, the county clerk
219-10 receives a petition that meets the requirements of Subsection (c)
219-11 [of this section] protesting the issuance of the refinancing
219-12 certificates, the county may not authorize the issuance of the
219-13 refinancing certificates unless the issuance is approved at an
219-14 election ordered, held, and conducted in the manner provided for
219-15 bond elections under Chapter 1251, Government Code [1, Title 22,
219-16 Revised Statutes].
219-17 SECTION 8.298. Sections 271.053 and 271.056, Local
219-18 Government Code, are amended to read as follows:
219-19 Sec. 271.053. CERTIFICATES AS DEBT AND SECURITY.
219-20 Certificates are debts of the issuer within the meaning of Article
219-21 XI, Sections 5 and 7, of the Texas Constitution. When delivered,
219-22 certificates are "security" within the meaning of Chapter 8,
219-23 Business & Commerce Code, and are general obligations of the issuer
219-24 within the meaning of Subchapters A and D, Chapter 1207, Government
219-25 Code [Chapter 784, Acts of the 61st Legislature, Regular Session,
219-26 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
219-27 Sec. 271.056. EXEMPTIONS FROM ADVERTISEMENT REQUIREMENT.
220-1 The provisions of this subchapter relating to the advertisement for
220-2 competitive bids do not apply to:
220-3 (1) a case of public calamity if it is necessary to
220-4 act promptly to relieve the necessity of the residents or to
220-5 preserve the property of the issuer;
220-6 (2) a case in which it is necessary to preserve or
220-7 protect the public health of the residents of the issuer;
220-8 (3) a case of unforeseen damage to public machinery,
220-9 equipment, or other property;
220-10 (4) a contract for personal or professional services;
220-11 (5) work done by employees of the issuer and paid for
220-12 as the work progresses;
220-13 (6) the purchase of any land, building, existing
220-14 utility system, or right-of-way for authorized needs and purposes;
220-15 (7) expenditures for or relating to improvements in
220-16 municipal water systems, sewer systems, streets, or drainage, if at
220-17 least one-third of the cost of the improvements is to be paid by
220-18 special assessments levied against properties to be benefitted by
220-19 the improvements;
220-20 (8) a case in which the entire contractual obligation
220-21 is to be paid from bond funds or current funds or in which an
220-22 advertisement for bids has previously been published in accordance
220-23 with this subchapter but the current funds or bond funds are not
220-24 adequate to permit the awarding of the contract and certificates
220-25 are to be awarded to provide for the deficiency;
220-26 (9) the sale of a public security, as that term is
220-27 defined by Section 1204.001, Government Code [Chapter 3, Acts of
221-1 the 61st Legislature, Regular Session, 1969 (Article 717k-2,
221-2 Vernon's Texas Civil Statutes)];
221-3 (10) a municipal procurement of a kind that, under
221-4 Chapter 252, is not required to be made in accordance with
221-5 competitive bidding procedures like those prescribed by this
221-6 subchapter; or
221-7 (11) a county contract that, under the County
221-8 Purchasing Act (Subchapter C, Chapter 262), is not required to be
221-9 made in accordance with competitive bidding procedures like those
221-10 prescribed by this subchapter.
221-11 SECTION 8.299. Section 271.091(6), Local Government Code, is
221-12 amended to read as follows:
221-13 (6) "Board" means the Bond Review Board [bond review
221-14 board created by Chapter 1078, Acts of the 70th Legislature,
221-15 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
221-16 Statutes)].
221-17 SECTION 8.300. Section 272.004(a), Local Government Code, is
221-18 amended to read as follows:
221-19 (a) In this section, "political subdivision" has the same
221-20 meaning as the term "issuer" under Section 1371.001, Government
221-21 Code [1(1), Chapter 656, Acts of the 68th Legislature, Regular
221-22 Session, 1983 (Article 717q, Vernon's Texas Civil Statutes)].
221-23 SECTION 8.301. Section 281.071(c), Local Government Code, is
221-24 amended to read as follows:
221-25 (c) The bonds shall bear interest at a rate that does not
221-26 exceed the maximum interest rate authorized by Chapter 1204,
221-27 Government Code [3, Acts of the 61st Legislature, Regular Session,
222-1 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
222-2 SECTION 8.302. Section 281.077(a), Local Government Code, is
222-3 amended to read as follows:
222-4 (a) By resolutions adopted by the board, an authority may
222-5 issue bonds to refund all or any outstanding bonds, including
222-6 matured but unpaid interest coupons. Refunding bonds may mature
222-7 serially or in any other manner. The bonds may not mature later
222-8 than 40 years after the date of the bonds. The bonds shall bear
222-9 interest at a rate that does not exceed the maximum interest rate
222-10 authorized by Chapter 1204, Government Code [3, Acts of the 61st
222-11 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
222-12 Civil Statutes)].
222-13 SECTION 8.303. Section 281.092(b), Local Government Code, is
222-14 amended to read as follows:
222-15 (b) To pledge property taxes as part or all of the required
222-16 payments under the contract, before it enters into a contract with
222-17 an authority a municipality must obtain voter approval at an
222-18 election conducted substantially according to the applicable
222-19 procedures in Chapter 1251, Government Code [1, Title 22, Revised
222-20 Statutes]. Each qualified voter in the municipality is entitled to
222-21 vote in the election. If the voters authorize the payments from
222-22 property taxes, the contract may provide that the payments are
222-23 payable from and are obligations against only the taxing power of
222-24 the municipality or may provide that the payments are payable from
222-25 taxes and other funds and revenues specified in the contract.
222-26 After the election and concurrently with, or prior to, making the
222-27 contract, the municipality shall provide for the annual assessment
223-1 and collection of an amount that is sufficient to make the contract
223-2 payments and to create a sinking fund of at least two percent.
223-3 SECTION 8.304. Section 292.002(a), Local Government Code, is
223-4 amended to read as follows:
223-5 (a) The commissioners court of a county may provide an
223-6 office building or a jail facility at a location in the county
223-7 outside the county seat in the same manner that is applicable to
223-8 such a building or facility at the county seat. The commissioners
223-9 court may provide for the building or facility through the issuance
223-10 of bonds as provided by Subtitles A, C, and D, Title 9, Government
223-11 Code [Chapters 1 and 2, Title 22, Revised Statutes], or through the
223-12 issuance of other evidences of indebtedness in the same manner as
223-13 bonds or evidences of indebtedness applicable to a courthouse or
223-14 jail at the county seat. The commissioners court may provide
223-15 office space in the building or facility for any county or precinct
223-16 office except a court required by law to sit at the county seat.
223-17 However, a county officer who is provided space in the building or
223-18 facility shall maintain an office at the county seat and shall keep
223-19 the original records of office at that office.
223-20 SECTION 8.305. Section 292.003(a), Local Government Code, is
223-21 amended to read as follows:
223-22 (a) The commissioners court of a county may provide,
223-23 maintain, and repair a branch office building or a branch jail in a
223-24 municipality with a population of 15,000 or more, other than the
223-25 county seat, in the same manner as the court may take those actions
223-26 at the county seat. The commissioners court may finance those
223-27 actions through the issuance of bonds as provided by Subtitles A,
224-1 C, and D, Title 9, Government Code [Chapters 1 and 2, Title 22,
224-2 Revised Statutes], or through the issuance of evidences of
224-3 indebtedness in the same manner as evidences of indebtedness
224-4 applicable to a courthouse or jail at the county seat. Taxes may
224-5 be levied for the bonds or evidences of indebtedness in the same
224-6 manner and subject to the same limitations applicable to a
224-7 courthouse or jail at the county seat. The cost of the facility
224-8 may not exceed two percent of the taxable value of the property in
224-9 the county in the previous year. The commissioners court has
224-10 custody of and shall care for the facility.
224-11 SECTION 8.306. Sections 292.022(d) and (e), Local Government
224-12 Code, are amended to read as follows:
224-13 (d) Bonds and certificates of indebtedness issued under this
224-14 section must:
224-15 (1) be authorized by order of the commissioners court;
224-16 (2) be signed by the county judge, attested by the
224-17 county clerk, and registered by the county treasurer;
224-18 (3) mature in 40 years or less;
224-19 (4) bear interest at a rate not to exceed the interest
224-20 rate prescribed by Chapter 1204, Government Code [3, Acts of the
224-21 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
224-22 Texas Civil Statutes)]; and
224-23 (5) have attached coupons evidencing the interest.
224-24 (e) Bonds under this section must be issued in compliance
224-25 with Subtitles A and C, Title 9, Government Code [Chapter 1, Title
224-26 22, Revised Statutes].
224-27 SECTION 8.307. Section 292.025(b), Local Government Code, is
225-1 amended to read as follows:
225-2 (b) The commissioners court of a county may construct,
225-3 operate, and maintain a branch office building or a branch jail in
225-4 a municipality other than the county seat in the same manner as the
225-5 court may take those actions at the county seat. The commissioners
225-6 court may finance those actions through the issuance of bonds as
225-7 provided by Subtitles A, C, and D, Title 9, Government Code
225-8 [Chapters 1 and 2, Title 22, Revised Statutes], or through the
225-9 issuance of evidences of indebtedness in the same manner as
225-10 evidences of indebtedness applicable to a courthouse or jail at the
225-11 county seat. Taxes may be levied for the bonds or evidences of
225-12 indebtedness in the same manner and subject to the same limitations
225-13 applicable to a courthouse or jail at the county seat. The
225-14 commissioners court has custody of and shall care for the building.
225-15 SECTION 8.308. Sections 293.051(b) and (c), Local Government
225-16 Code, are amended to read as follows:
225-17 (b) The bonds must:
225-18 (1) be authorized by a board resolution;
225-19 (2) be authorized by an election that is:
225-20 (A) called by a resolution of the board;
225-21 (B) held throughout the authority; and
225-22 (C) called, held, and publicized in the manner
225-23 provided by Chapter 1251, Government Code [1, Title 22, Revised
225-24 Statutes];
225-25 (3) be signed by the board president or vice-president
225-26 and countersigned by the board secretary, either by actual or
225-27 printed facsimile signature;
226-1 (4) include the authority seal;
226-2 (5) mature serially or otherwise in 40 years or less;
226-3 (6) be payable from and secured by a pledge of net
226-4 revenues from ownership or operation of authority property; and
226-5 (7) be sold at a price and under terms that the board
226-6 considers the most advantageous and the most reasonably obtainable.
226-7 (c) The bonds may:
226-8 (1) be secured, in addition to the security prescribed
226-9 in Subsection (b)(6), by a mortgage or deed of trust on authority
226-10 real or personal property;
226-11 (2) bear interest at a rate not to exceed the interest
226-12 rate prescribed by Chapter 1204, Government Code [3, Acts of the
226-13 61st Legislature, Regular Session, 1969 (Article 717k-2, Vernon's
226-14 Texas Civil Statutes)];
226-15 (3) be made callable before maturity at the times and
226-16 prices prescribed in the bond resolution; and
226-17 (4) be made registrable as to principal, interest, or
226-18 both.
226-19 SECTION 8.309. Section 293.055(b), Local Government Code, is
226-20 amended to read as follows:
226-21 (b) The comptroller [of public accounts] may exchange the
226-22 refunding bonds for the outstanding bonds or the authority may sell
226-23 the refunding bonds and apply the proceeds according to Subchapter
226-24 B or C, Chapter 1207, Government Code [Chapter 503, Acts of the
226-25 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
226-26 Statutes)].
226-27 SECTION 8.310. Section 305.014(c), Local Government Code, is
227-1 amended to read as follows:
227-2 (c) The municipality and county may agree that the
227-3 municipality shall issue a series of coliseum or stadium
227-4 acquisition revenue bonds (or include such purpose as a part of a
227-5 larger series of coliseum or stadium revenue bonds), which revenue
227-6 bonds (or part of a larger series allocable to the purchase) shall
227-7 be delivered to the county in payment of the purchase price for the
227-8 stadium or coliseum. The bonds must be at least payable at the
227-9 times and in the same amounts as and bear not lower than the same
227-10 rates of interest borne by the county's outstanding coliseum or
227-11 stadium bonds so as to provide funds from the revenue bonds to the
227-12 county with which to pay the principal and interest when due on its
227-13 outstanding bonds. The revenue bonds of the municipality may be on
227-14 other terms as the municipality and county agree and may include
227-15 any mortgage security authorized by Subchapter A, Chapter 1504,
227-16 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
227-17 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)].
227-18 On delivery of the bonds to the county, the county shall hold the
227-19 bonds for the account of the interest and sinking fund created in
227-20 connection with its outstanding coliseum or stadium bonds and shall
227-21 use the payments when received to pay the principal and interest on
227-22 its bonds when due.
227-23 SECTION 8.311. Section 305.016, Local Government Code, is
227-24 amended to read as follows:
227-25 Sec. 305.016. MUNICIPAL POWERS. After the delivery of the
227-26 deed, the municipality is the complete and total owner of the
227-27 coliseum or stadium and the related land and facilities conveyed
228-1 and may:
228-2 (1) exercise all the powers with respect to the
228-3 property authorized and implied by Subchapter A, Chapter 1504,
228-4 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
228-5 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)],
228-6 and any other laws applicable to the municipality, for the purpose
228-7 of operating, maintaining, improving, or expanding the coliseum or
228-8 stadium;
228-9 (2) in connection with the financing of the purchase,
228-10 include any indoor or outdoor recreational facilities, properties,
228-11 and entertainment attractions as may be considered by the
228-12 municipality to be appropriate in connection with the coliseum or
228-13 stadium; and
228-14 (3) lease or make operating agreements with respect to
228-15 all or any part of the coliseum or stadium and related land and
228-16 facilities for the periods and on the terms as the municipality may
228-17 determine.
228-18 SECTION 8.312. Section 306.051(h), Local Government Code, is
228-19 amended to read as follows:
228-20 (h) Except as provided by this chapter, Chapter 1502,
228-21 Government Code, applies [Articles 1111-1118, Vernon's Texas Civil
228-22 Statutes, with all additions and amendments as found in Chapter 10,
228-23 Title 28, Vernon's Texas Civil Statutes, apply] to the bonds.
228-24 SECTION 8.313. Section 307.041(b), Local Government Code, is
228-25 amended to read as follows:
228-26 (b) The bonds shall be issued in accordance with Subtitles A
228-27 and C, Title 9, Government Code [Chapter 1, Title 22, Revised
229-1 Statutes]. If bonds for the purposes described by this section
229-2 have been authorized at a previous election in accordance with that
229-3 chapter, the bonds may be issued without an additional election.
229-4 SECTION 8.314. Sections 307.043(c) and (k), Local Government
229-5 Code, are amended to read as follows:
229-6 (c) The bonds shall bear interest at a rate not to exceed
229-7 the maximum net effective interest rate provided by Chapter 1204,
229-8 Government Code [3, Acts of the 61st Legislature, Regular Session,
229-9 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
229-10 (k) The nature of the pledge of income and encumbrance of
229-11 properties to secure the obligations and the control, management,
229-12 and operation of the properties while any of the obligations remain
229-13 unpaid is subject to and governed by Chapter 1502, Government Code
229-14 [Articles 1111-1118, Vernon's Texas Civil Statutes], in the same
229-15 manner as parks described in Section 1502.051 [Article 1111]. The
229-16 issuance of the bonds does not require an election.
229-17 SECTION 8.315. Section 319.004(a), Local Government Code, is
229-18 amended to read as follows:
229-19 (a) The commissioners court of a county may contract for the
229-20 complete management of, and for the conducting, maintenance, use,
229-21 and operation of, buildings, improvements, and exhibits authorized
229-22 by this chapter or by Subchapter B, Chapter 1473, Government Code
229-23 [Chapter 411, Acts of the 51st Legislature, Regular Session, 1949
229-24 (Article 2372d-2, Vernon's Texas Civil Statutes)].
229-25 SECTION 8.316. Section 319.005, Local Government Code, is
229-26 amended to read as follows:
229-27 Sec. 319.005. REVENUE. The commissioners court of a county
230-1 may use the net revenue derived from the use of a building,
230-2 improvement, or exhibit authorized by this chapter or by Subchapter
230-3 B, Chapter 1473, Government Code [Chapter 411, Acts of the 51st
230-4 Legislature, Regular Session, 1949 (Article 2372d-2, Vernon's Texas
230-5 Civil Statutes)], for the management, operation, maintenance,
230-6 development, improvement, or promotion of activities authorized
230-7 under this chapter or under Subchapter B, Chapter 1473, Government
230-8 Code [Chapter 411, Acts of the 51st Legislature, Regular Session,
230-9 1949 (Article 2372d-2, Vernon's Texas Civil Statutes)], or for any
230-10 other public purpose.
230-11 SECTION 8.317. Section 320.071(f), Local Government Code, is
230-12 amended to read as follows:
230-13 (f) Revenue bonds must mature serially or otherwise in not
230-14 more than 40 years from their date or dates and may be sold by the
230-15 commissioners court at a price and under terms determined by the
230-16 court to be the most advantageous reasonably obtainable. The net
230-17 effective interest rate may not exceed the maximum rate provided by
230-18 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
230-19 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
230-20 Statutes)].
230-21 SECTION 8.318. Section 320.072(b), Local Government Code, is
230-22 amended to read as follows:
230-23 (b) The election shall be ordered and held, and notice of
230-24 the election shall be given, as provided by Chapter 1251,
230-25 Government Code [1, Title 22, Revised Statutes], except that the
230-26 ballot shall be printed to provide for voting for or against the
230-27 proposition: "The issuance of $___________ in park revenue bonds
231-1 payable solely from revenues."
231-2 SECTION 8.319. Section 321.071(f), Local Government Code, is
231-3 amended to read as follows:
231-4 (f) The bonds must mature serially or otherwise in not more
231-5 than 40 years and may be sold at a price and under terms determined
231-6 by the county to be the most advantageous reasonably obtainable.
231-7 The net effective interest rate may not exceed the maximum rate
231-8 provided by Chapter 1204, Government Code [3, Acts of the 61st
231-9 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
231-10 Civil Statutes)].
231-11 SECTION 8.320. Section 322.071(e), Local Government Code, is
231-12 amended to read as follows:
231-13 (e) The bonds must mature serially or otherwise in not more
231-14 than 40 years and may be sold at a price and under terms determined
231-15 by the board to be the most advantageous reasonably obtainable.
231-16 The net effective interest rate may not exceed the maximum rate
231-17 provided by Chapter 1204, Government Code [3, Acts of the 61st
231-18 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
231-19 Civil Statutes)].
231-20 SECTION 8.321. Section 324.094, Local Government Code, is
231-21 amended to read as follows:
231-22 Sec. 324.094. REFUNDING BONDS. The district may issue
231-23 refunding bonds under Chapter 1207, Government Code [503, Acts of
231-24 the 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
231-25 Statutes), or Chapter 784, Acts of the 61st Legislature, Regular
231-26 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
231-27 SECTION 8.322. Section 324.098(a), Local Government Code, is
232-1 amended to read as follows:
232-2 (a) If funds are not available to pay the principal of or
232-3 interest on bonds issued by the district or to pay other
232-4 obligations of the district, the board may declare an emergency and
232-5 may issue negotiable bond anticipation notes to borrow the money
232-6 needed. The bond anticipation notes may bear interest at a rate
232-7 that does not exceed the maximum rate provided by [provisions of]
232-8 Chapter 1204, Government Code [3, Acts of the 61st Legislature,
232-9 Regular Session, 1969 (Article 717k-2, Vernon's Texas Civil
232-10 Statutes)], and must mature within one year after their date of
232-11 issuance.
232-12 SECTION 8.323. Section 325.090, Local Government Code, is
232-13 amended to read as follows:
232-14 Sec. 325.090. APPLICATION OF OTHER LAWS. Bonds of the
232-15 district are considered public securities [bonds] under Chapter
232-16 1201, Government Code [the Bond Procedures Act of 1981 (Article
232-17 717K-6, Vernon's Texas Civil Statutes)].
232-18 SECTION 8.324. Section 331.004(b), Local Government Code, is
232-19 amended to read as follows:
232-20 (b) The issuance of the bonds and the levy of the taxes
232-21 shall be in accordance with Subtitles A and C, Title 9, Government
232-22 Code [Chapter 1, Title 22, Revised Statutes].
232-23 SECTION 8.325. Section 332.021(b), Local Government Code, is
232-24 amended to read as follows:
232-25 (b) The political subdivisions acting jointly may issue
232-26 bonds and otherwise act under either Subchapter A, Chapter 1504,
232-27 Government Code, or Subchapter C, Chapter 1508, Government Code
233-1 [Chapter 63, Acts of the 59th Legislature, Regular Session, 1965
233-2 (Article 1269j-4.1, Vernon's Texas Civil Statutes), or Chapter 470,
233-3 Acts of the 44th Legislature, 2nd Called Session, 1935 (Article
233-4 1180b, Vernon's Texas Civil Statutes)], for the purposes authorized
233-5 by this section. The political subdivisions may issue the bonds
233-6 and take other joint actions under their agreement by joint
233-7 concurrent ordinances or resolutions.
233-8 SECTION 8.326. Section 334.043(b), Local Government Code, is
233-9 amended to read as follows:
233-10 (b) The bonds or other obligations and the proceedings
233-11 authorizing the bonds or other obligations shall be submitted to
233-12 the attorney general for review and approval as required by Chapter
233-13 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
233-14 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
233-15 Texas Civil Statutes)].
233-16 SECTION 8.327. Sections 335.073(b) and (f), Local Government
233-17 Code, are amended to read as follows:
233-18 (b) The bonds or other obligations and the proceedings
233-19 authorizing the bonds or other obligations shall be submitted to
233-20 the attorney general for review and approval as required by Chapter
233-21 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
233-22 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
233-23 Texas Civil Statutes)].
233-24 (f) A district may issue [short term] obligations and enter
233-25 into credit agreements under Chapter 1371, Government Code [656,
233-26 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
233-27 Vernon's Texas Civil Statutes)]. For purposes of that chapter
234-1 [Act], a district is a "public utility" and an approved venue
234-2 project is an "eligible project."
234-3 SECTION 8.328. Section 361.052(b), Local Government Code, is
234-4 amended to read as follows:
234-5 (b) Money to be paid pursuant to a lease obligation and
234-6 revenues derived by an entity from the operation of an eligible
234-7 project constitute revenues to an entity that may be pledged to
234-8 secure or pay any obligations, and the entity's obligations may be
234-9 made payable from and secured by, in whole or in part, those
234-10 revenues. An entity may apply the provisions of Chapter 1371,
234-11 Government Code, [(i) Sections 2 through 11 of Chapter 656, Acts of
234-12 the 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
234-13 Texas Civil Statutes), (ii)] Section 271.052 or [, (iii) Section]
234-14 361.053, or [(iv)] any combination of those laws [the foregoing] to
234-15 the issuance of obligations and the execution of credit agreements
234-16 to satisfy the purposes of this subchapter, except that an entity's
234-17 obligations may be refunded by the issuance of public securities
234-18 [bonds], as defined by Section 1201.002, Government Code [the Bond
234-19 Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
234-20 Statutes)], that are payable from a pledge of ad valorem tax
234-21 receipts only if the issuance of the public securities [bonds] is
234-22 approved by a majority of votes cast at an election conducted in
234-23 accordance with the bond election procedures established by Chapter
234-24 1251, Government Code [1, Title 22, Revised Statutes].
234-25 SECTION 8.329. Sections 361.054(a), (b), (f), and (g), Local
234-26 Government Code, are amended to read as follows:
234-27 (a) Obligations issued or lease obligations incurred
235-1 hereunder shall be within the interest rate limitations of Chapter
235-2 1204, Government Code [3, Acts of the 61st Legislature, Regular
235-3 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
235-4 (b) From the proceeds from the sale of obligations an entity
235-5 may set aside amounts for payments into the interest and sinking
235-6 fund and reserve funds, and for interest and operating expenses
235-7 during construction and development, as may be specified in the
235-8 authorizing proceedings. Proceeds of obligations and amounts on
235-9 deposit in interest and sinking funds and reserve funds may be
235-10 invested pending their use for the purpose for which issued, in the
235-11 manner described in Chapter 1371, Government Code [656, Acts of the
235-12 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
235-13 Texas Civil Statutes)].
235-14 (f) Refunding bonds may be issued to refund obligations in
235-15 the manner now or hereafter provided by general law, including,
235-16 without limitation, Chapter 1207, Government Code [503, Acts of the
235-17 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
235-18 Texas Civil Statutes), and Chapter 784, Acts of the 61st
235-19 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
235-20 Civil Statutes)].
235-21 (g) The provisions of Chapter 1201, Government Code, [the
235-22 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
235-23 Statutes)] apply to obligations issued or lease obligations
235-24 incurred hereunder, and such obligations shall constitute a
235-25 "security" within the meaning of Chapter 8, Business & Commerce
235-26 Code.
235-27 SECTION 8.330. Section 372.024, Local Government Code, is
236-1 amended to read as follows:
236-2 Sec. 372.024. GENERAL OBLIGATION AND REVENUE BONDS. General
236-3 obligation bonds issued to pay costs under Section 372.023(d) must
236-4 be issued under the provisions of Subtitles A and C, Title 9,
236-5 Government Code [Chapter 1, Title 22, Revised Statutes]. Revenue
236-6 bonds issued to pay costs under that subsection may be issued from
236-7 time to time in one or more series and are to be payable from and
236-8 secured by liens on all or part of the revenue derived from
236-9 improvements authorized under this subchapter, including revenue
236-10 derived from installment payments of special assessments.
236-11 SECTION 8.331. Section 375.121(a), Local Government Code, is
236-12 amended to read as follows:
236-13 (a) Assessments bear interest at a rate specified by the
236-14 board that may not exceed the interest rate permitted by Chapter
236-15 1204, Government Code [3, Acts of the 61st Legislature, Regular
236-16 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes)].
236-17 SECTION 8.332. Section 375.202(d), Local Government Code, is
236-18 amended to read as follows:
236-19 (d) Bonds may bear interest and may be issued in accordance
236-20 with Chapters 1201, 1204, and 1371, Government Code, and
236-21 Subchapters A-C, Chapter 1207, Government Code [Chapter 503, Acts
236-22 of the 54th Legislature, Regular Session, 1955 (Article 717k,
236-23 Vernon's Texas Civil Statutes), Chapter 3, Acts of the 61st
236-24 Legislature, Regular Session, 1969 (Article 717k-2, Vernon's Texas
236-25 Civil Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
236-26 Vernon's Texas Civil Statutes), and Chapter 656, Acts of the 68th
236-27 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
237-1 Civil Statutes)].
237-2 SECTION 8.333. Section 376.019(e), Local Government Code, is
237-3 amended to read as follows:
237-4 (e) Before the district issues bonds, the district shall
237-5 submit the bonds and the record of proceedings of the district
237-6 relating to authorization of the bonds to the attorney general for
237-7 approval as provided by Chapter 1202, Government Code [53, Acts of
237-8 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
237-9 Vernon's Texas Civil Statutes)].
237-10 SECTION 8.334. Section 376.057(e), Local Government Code, is
237-11 amended to read as follows:
237-12 (e) Before the district issues bonds, the district shall
237-13 submit the bonds and the record of proceedings of the district
237-14 relating to authorization of the bonds to the attorney general for
237-15 approval as provided by Chapter 1202, Government Code [53, Acts of
237-16 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
237-17 Vernon's Texas Civil Statutes)].
237-18 SECTION 8.335. Section 376.128(e), Local Government Code, is
237-19 amended to read as follows:
237-20 (e) Before the district issues bonds, the district shall
237-21 submit the bonds and the record of proceedings of the district
237-22 relating to authorization of the bonds to the attorney general for
237-23 approval as provided by Chapter 1202, Government Code [53, Acts of
237-24 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
237-25 Vernon's Texas Civil Statutes)].
237-26 SECTION 8.336. Section 376.228(e), Local Government Code, is
237-27 amended to read as follows:
238-1 (e) Before the district issues bonds, the district shall
238-2 submit the bonds and the record of proceedings of the district
238-3 relating to authorization of the bonds to the attorney general for
238-4 approval as provided by Chapter 1202, Government Code [53, Acts of
238-5 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-6 Vernon's Texas Civil Statutes)].
238-7 SECTION 8.337. Section 376.278(e), Local Government Code, is
238-8 amended to read as follows:
238-9 (e) Before the district issues bonds, the district shall
238-10 submit the bonds and the record of proceedings of the district
238-11 relating to authorization of the bonds to the attorney general for
238-12 approval as provided by Chapter 1202, Government Code [53, Acts of
238-13 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-14 Vernon's Texas Civil Statutes)].
238-15 SECTION 8.338. Section 376.318(e), Local Government Code, as
238-16 added by Section 1, Chapter 1493, Acts of the 76th Legislature,
238-17 Regular Session, 1999, is amended to read as follows:
238-18 (e) Before the district issues bonds, the district shall
238-19 submit the bonds and the record of proceedings of the district
238-20 relating to authorization of the bonds to the attorney general for
238-21 approval as provided by Chapter 1202, Government Code [53, Acts of
238-22 the 70th Legislature, 2nd Called Session, 1987 (Article 717k-8,
238-23 Vernon's Texas Civil Statutes)].
238-24 SECTION 8.339. Section 377.073(b), Local Government Code, is
238-25 amended to read as follows:
238-26 (b) The bonds or other obligations and the proceedings
238-27 authorizing the bonds or other obligations shall be submitted to
239-1 the attorney general for review and approval as required by Chapter
239-2 1202, Government Code [Article 3, Chapter 53, Acts of the 70th
239-3 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
239-4 Texas Civil Statutes)].
239-5 SECTION 8.340. Section 384.102(a), Local Government Code, is
239-6 amended to read as follows:
239-7 (a) The district may issue any type of bond for any district
239-8 purpose. A bond may be issued under Chapter 1371, Government Code
239-9 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
239-10 717q, Vernon's Texas Civil Statutes)].
239-11 SECTION 8.341. Sections 392.066(a) and (d), Local Government
239-12 Code, are amended to read as follows:
239-13 (a) An authority that creates a public facility corporation
239-14 under Chapter 303 [the Public Facility Corporation Act (Article
239-15 717s, Revised Statutes)] may, with or without consideration, for
239-16 the purpose of providing affordable housing or housing assistance,
239-17 enter into an agreement with, make a contribution to, make an
239-18 investment in, enter into a lease or exchange with, or make a
239-19 mortgage or loan to the corporation to:
239-20 (1) acquire, construct, rehabilitate, renovate,
239-21 repair, equip, furnish, or provide assistance to a residential
239-22 development described by Section 394.004 or a housing project; or
239-23 (2) accomplish another public purpose authorized by
239-24 law.
239-25 (d) The powers granted by this section do not affect the
239-26 powers of an authority granted under Chapter 303 [the Public
239-27 Facility Corporation Act (Article 717s, Revised Statutes)].
240-1 SECTION 8.342. Section 392.083(a), Local Government Code, is
240-2 amended to read as follows:
240-3 (a) Bonds issued by an authority may be sold either at a
240-4 public sale after notice is published in accordance with this
240-5 section or at a private sale. Bonds may be sold at the price or
240-6 prices determined by the authority but may not be sold at a price
240-7 that would cause the interest on the bonds to exceed the maximum
240-8 net effective interest rate established by Chapter 1204, Government
240-9 Code [3, Acts of the 61st Legislature, Regular Session, 1969
240-10 (Article 717k-2, Vernon's Texas Civil Statutes)].
240-11 SECTION 8.343. Section 393.010(e), Local Government Code, is
240-12 amended to read as follows:
240-13 (e) The laws relating to elections for the issuance of
240-14 municipal or county bonds as prescribed by Chapter 1251, Government
240-15 Code [Chapters 1 and 2, Title 22, Revised Statutes], apply to an
240-16 election covered by this section unless those laws are inconsistent
240-17 with this section or are superseded by the Election Code.
240-18 SECTION 8.344. Section 394.012(h), Local Government Code, is
240-19 amended to read as follows:
240-20 (h) For the purposes of determining the applicable
240-21 population for Section 1372.026, Government Code [3(b), Chapter
240-22 1092, Acts of the 70th Legislature, Regular Session, 1987 (Article
240-23 5190.9a, Vernon's Texas Civil Statutes)], the joint housing finance
240-24 corporation may only consider areas in its own state planning
240-25 region.
240-26 SECTION 8.345. Section 394.051(a), Local Government Code, is
240-27 amended to read as follows:
241-1 (a) A housing finance corporation may issue its bonds by
241-2 resolution of the board of directors for the purposes prescribed by
241-3 this chapter. The resolution takes effect immediately on adoption.
241-4 The bonds bear interest at a rate authorized by Chapter 1204,
241-5 Government Code [3, Acts of the 61st Legislature, Regular Session,
241-6 1969 (Article 717k-2, Vernon's Texas Civil Statutes)], and are
241-7 subject to the following terms provided by the resolution:
241-8 (1) the time at which the bonds are payable;
241-9 (2) the number of series in which the bonds are
241-10 issued;
241-11 (3) the dates that the bonds bear;
241-12 (4) the time of maturity of the bonds;
241-13 (5) the medium of payment and the place of payment of
241-14 the bonds;
241-15 (6) any registration privileges;
241-16 (7) terms of redemption at certain premiums;
241-17 (8) manner of execution of the bonds;
241-18 (9) covenants and other terms of the bonds; and
241-19 (10) the form of the bonds, either coupon or
241-20 registered.
241-21 SECTION 8.346. Section 402.012(f), Local Government Code, is
241-22 amended to read as follows:
241-23 (f) The governing body of a municipality providing water
241-24 treatment facilities under this section may:
241-25 (1) issue negotiable municipal bonds or warrants for
241-26 that purpose and impose taxes to provide the interest and sinking
241-27 fund for those bonds or warrants in the manner provided by law for
242-1 the issuance of tax supported bonds and warrants by the
242-2 municipality; or
242-3 (2) issue revenue bonds supported by the revenues of
242-4 one or more of the municipal utilities as provided by Chapter 1502,
242-5 Government Code [Article 1111 et seq., Revised Statutes].
242-6 SECTION 8.347. Sections 402.018(c) and (f), Local Government
242-7 Code, are amended to read as follows:
242-8 (c) Contractual payments required solely from municipal
242-9 water system revenue are an operating expense of that system. The
242-10 municipality shall set its rates and charges to users of the
242-11 municipal water system at a level sufficient to pay the maintenance
242-12 and operating expenses of that system as provided by Section
242-13 1502.057, Government Code [Article 1113, Revised Statutes], and to
242-14 provide for payment of principal of and interest on any revenue
242-15 bonds of the municipality payable from water revenue.
242-16 (f) An election under this section shall be held to the
242-17 extent practicable in the same manner as an election for the
242-18 issuance of municipal bonds under Chapter 1251, Government Code [1,
242-19 Title 22, Revised Statutes].
242-20 SECTION 8.348. Section 402.022(h), Local Government Code, is
242-21 amended to read as follows:
242-22 (h) A municipality may pledge its taxing power in a contract
242-23 made under this section if a majority of the qualified voters of
242-24 the municipality who vote on the question at an election vote in
242-25 favor of the proposed contract and the levy of property taxes to
242-26 pay the municipality's obligations to the authority under the
242-27 contract. The election shall be conducted in substantially the
243-1 same manner as a municipal bond election held under Chapter 1251,
243-2 Government Code [1, Title 22, Revised Statutes]. If the voters
243-3 approve the contract and tax levy:
243-4 (1) the municipal governing body shall enact an
243-5 ordinance prescribing the form and substance of the contract and
243-6 directing the proper officers of the municipality to sign it; and
243-7 (2) once the contract has been executed, the
243-8 municipality's obligations to the authority under the contract are
243-9 an obligation of the municipality's taxing power, but may be paid,
243-10 as provided by the contract, from taxes and revenues from which
243-11 payments are required by Subsection (g).
243-12 SECTION 8.349. Section 402.023(h), Local Government Code, is
243-13 amended to read as follows:
243-14 (h) A municipality may pledge its taxing power in a contract
243-15 made under this section if a majority of the qualified voters of
243-16 the municipality who vote on the question at an election vote in
243-17 favor of the proposed contract and the levy of property taxes to
243-18 pay the municipality's obligations to the authority under the
243-19 contract. The election shall be conducted in substantially the
243-20 same manner as a municipal bond election held under Chapter 1251,
243-21 Government Code [1, Title 22, Revised Statutes]. If the voters
243-22 approve the contract and tax levy:
243-23 (1) the municipal governing body shall enact an
243-24 ordinance prescribing the form and substance of the contract and
243-25 directing the proper officers of the municipality to sign it; and
243-26 (2) once the contract has been executed, the
243-27 municipality's obligations to the authority under the contract are
244-1 an obligation of the municipality's taxing power, but may be paid
244-2 as provided by the contract, from taxes and revenues from which
244-3 payments are required by Subsection (f).
244-4 SECTION 8.350. Section 402.051, Local Government Code, is
244-5 amended to read as follows:
244-6 Sec. 402.051. DRAINAGE REVENUE BONDS. By majority vote of
244-7 the governing body, the municipality may issue drainage revenue
244-8 bonds. The municipality may use Chapter 1201, Government Code [the
244-9 Bond Procedures Act of 1981 (Article 717k-6, Vernon's Texas Civil
244-10 Statutes)]. In addition, the municipality may pledge income
244-11 received by contracts for the provision of drainage to other
244-12 governments or governmental subdivisions located inside or outside
244-13 the service area.
244-14 SECTION 8.351. Section 402.903(c), Local Government Code, is
244-15 amended to read as follows:
244-16 (c) If provided in the agreement or contract, the amounts
244-17 required to be paid by the municipality to the district under the
244-18 agreement or contract are an operating expense of the electric
244-19 system, or combined utility system of which the electric system is
244-20 a part, in the manner provided for other operating and maintenance
244-21 expenses of the electric system or combined utility system as
244-22 provided by Section 1502.056, Government Code [Article 1113,
244-23 Revised Statutes].
244-24 SECTION 8.352. Section 51.121(e), Natural Resources Code, is
244-25 amended to read as follows:
244-26 (e) Subject to the provisions of Title 2, Utilities Code,
244-27 any district created by [Article XVI,] Section 59, Article XVI, [of
245-1 the] Texas Constitution, that leases unsold public school or asylum
245-2 land for power generation through the use of renewable energy
245-3 sources, such as wind, solar, or geothermal energy and other
245-4 sustainable sources, or a district participating in a power
245-5 generation project using renewable energy sources which is located
245-6 on unsold public school or asylum lands may distribute and sell
245-7 electric energy generated on public school or asylum lands within
245-8 or without the boundaries of the district and may issue bonds to
245-9 accomplish such purposes pursuant to Chapter 1371, Government Code
245-10 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
245-11 717q, Vernon's Texas Civil Statutes)], or other applicable law.
245-12 For any such power generation project which is located on both
245-13 public lands and private lands, the district may sell outside its
245-14 boundaries only the pro rata portion of the total amount as is
245-15 generated on the public lands. All electric energy generated
245-16 pursuant to this section shall be sold for resale only to utilities
245-17 authorized to make retail sales under Title 2, Utilities Code, and
245-18 shall be subject to the solicitation process and integrated
245-19 resource planning process authorized by that title.
245-20 SECTION 8.353. Section 62.013(b), Natural Resources Code, is
245-21 amended to read as follows:
245-22 (b) Notice of the election shall be given in the manner
245-23 provided by Chapter 1251, Government Code [1, Title 22, Revised
245-24 Civil Statutes of Texas, 1925, as amended].
245-25 SECTION 8.354. Section 161.074(c), Natural Resources Code,
245-26 is amended to read as follows:
245-27 (c) Unless the board elects otherwise in its approval of a
246-1 bond enhancement agreement, the bond enhancement agreement is not a
246-2 credit agreement for purposes of Chapter 1371, Government Code
246-3 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
246-4 717q, Vernon's Texas Civil Statutes)], regardless of whether the
246-5 bonds relating to the bond enhancement agreement were issued in
246-6 part under that law.
246-7 SECTION 8.355. Section 161.2111, Natural Resources Code, is
246-8 amended to read as follows:
246-9 Sec. 161.2111. REPORT TO BOND REVIEW BOARD. With respect to
246-10 purchases made under this chapter, the Veterans' Land Board [board]
246-11 shall file semiannually with the Bond Review Board [bond review
246-12 board established under Chapter 1078, Acts of the 70th Legislature,
246-13 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
246-14 Statutes),] a report on the performance of loans made by the
246-15 Veterans' Land Board [board] in connection with the purchases. The
246-16 Bond Review Board [bond review board] shall review the reports
246-17 filed by the Veterans' Land Board [board] under this section to
246-18 assess the performance of loans made under this chapter. The
246-19 filing dates and the contents of the reports must comply with any
246-20 rules adopted by the Bond Review Board [bond review board].
246-21 SECTION 8.356. Section 162.003(e), Natural Resources Code,
246-22 is amended to read as follows:
246-23 (e) With respect to loans made under the program, the
246-24 Veterans' Land Board [board] shall file semiannually with the Bond
246-25 Review Board [bond review board established under Chapter 1078,
246-26 Acts of the 70th Legislature, Regular Session, 1987 (Article
246-27 717k-7, Vernon's Texas Civil Statutes),] a report on the
247-1 performance of the loans. The Bond Review Board [bond review
247-2 board] shall review the reports filed by the Veterans' Land Board
247-3 [board] under this subsection to assess the performance of loans
247-4 made under the program. The filing dates and the contents of the
247-5 reports must comply with any rules adopted by the Bond Review Board
247-6 [bond review board].
247-7 SECTION 8.357. Section 162.052(c), Natural Resources Code,
247-8 is amended to read as follows:
247-9 (c) Unless the board elects otherwise in its approval of a
247-10 bond enhancement agreement, the bond enhancement agreement is not a
247-11 credit agreement for purposes of Chapter 1371, Government Code
247-12 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
247-13 717q, Vernon's Texas Civil Statutes)], regardless of whether the
247-14 bonds relating to the bond enhancement agreement were issued in
247-15 part under that law.
247-16 SECTION 8.358. Section 164.006, Natural Resources Code, is
247-17 amended to read as follows:
247-18 Sec. 164.006. ISSUANCE OF BONDS. For the issuance of bonds
247-19 under this chapter, the board may exercise the authority granted to
247-20 the governing body of an issuer with regard to issuance of
247-21 obligations under Chapter 1371, Government Code [656, Acts of the
247-22 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
247-23 Texas Civil Statutes)], to the extent that it is not inconsistent
247-24 with this chapter.
247-25 SECTION 8.359. Section 164.010(c), Natural Resources Code,
247-26 is amended to read as follows:
247-27 (c) Unless the board elects otherwise in its approval of a
248-1 bond enhancement agreement, the bond enhancement agreement is not a
248-2 credit agreement for purposes of Chapter 1371, Government Code
248-3 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
248-4 717q, Vernon's Texas Civil Statutes)], regardless of whether the
248-5 bonds relating to the bond enhancement agreement were issued in
248-6 part under that law.
248-7 SECTION 8.360. Section 164.014, Natural Resources Code, is
248-8 amended to read as follows:
248-9 Sec. 164.014. APPROVAL OF THE ATTORNEY GENERAL. Bonds
248-10 issued under this chapter are subject to review and approval by the
248-11 attorney general in the same manner and with the same effect as
248-12 provided by Chapter 1371, Government Code [656, Acts of the 68th
248-13 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
248-14 Civil Statutes)].
248-15 SECTION 8.361. Section 221.047(e), Natural Resources Code,
248-16 is amended to read as follows:
248-17 (e) The bond may bear interest and may be issued in
248-18 accordance with:
248-19 (1) Chapters 1201, 1204, and 1371, Government Code; or
248-20 (2) Subchapters A-C, Chapter 1207, Government Code
248-21 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
248-22 Vernon's Texas Civil Statutes);]
248-23 [(2) Chapter 3, Acts of the 61st Legislature, Regular
248-24 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
248-25 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
248-26 Vernon's Texas Civil Statutes); or]
248-27 [(4) Chapter 656, Acts of the 68th Legislature,
249-1 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
249-2 Statutes)].
249-3 SECTION 8.362. Section 13.0045(b), Parks and Wildlife Code,
249-4 is amended to read as follows:
249-5 (b) On receipt of the department's request, the authority
249-6 shall promptly issue the bonds or other obligations under and in
249-7 accordance with Chapter 1232, Government Code [the Texas Public
249-8 Finance Authority Act (Article 601d, Vernon's Texas Civil
249-9 Statutes)].
249-10 SECTION 8.363. Section 21.1061, Parks and Wildlife Code, is
249-11 amended to read as follows:
249-12 Sec. 21.1061. REPORT TO BOND REVIEW BOARD. The commission
249-13 shall file with the Bond Review Board [bond review board
249-14 established under Chapter 1078, Acts of the 70th Legislature,
249-15 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
249-16 Statutes),] a report on the performance of the interest and sinking
249-17 fund and the development fund. The [bond review] board shall
249-18 review the reports filed by the commission under this section to
249-19 assess the performance of the funds in repaying bonds issued under
249-20 this chapter. The filing dates and the contents of the reports
249-21 must comply with any rules adopted by the [bond review] board.
249-22 SECTION 8.364. Section 86.014(a), Parks and Wildlife Code,
249-23 is amended to read as follows:
249-24 (a) The commission shall grant to any county, city, or town
249-25 that is authorized under Subchapter A, Chapter 421, Local
249-26 Government Code [Title 118, Revised Civil Statutes of Texas, 1925],
249-27 to build and maintain seawalls a permit for the taking of marl,
250-1 sand, gravel, shell, or mudshell to be used for the building,
250-2 extending, protecting, maintaining, or improving any seawall,
250-3 breakwater, levee, dike, floodway, or drainway.
250-4 SECTION 8.365. Section 351.102(a), Tax Code, is amended to
250-5 read as follows:
250-6 (a) Subject to the limitations provided by this subchapter,
250-7 a municipality may pledge the revenue derived from the tax imposed
250-8 under this chapter for the payment of bonds that are issued under
250-9 Section 1504.002(a), Government Code [3, Chapter 63, Acts of the
250-10 59th Legislature, Regular Session, 1965 (Article 1269j-4.1,
250-11 Vernon's Texas Civil Statutes)], for one or more of the purposes
250-12 provided by Section 351.101 or, in the case of a municipality of
250-13 1,500,000 or more, for the payment of principal of or interest on
250-14 bonds or other obligations of a municipally sponsored local
250-15 government corporation created under Chapter 431, Transportation
250-16 Code, that were issued to pay the cost of the acquisition and
250-17 construction of a convention center hotel or the cost of
250-18 acquisition, remodeling, or rehabilitation of a historic hotel
250-19 structure; provided, however, such pledge may only be that portion
250-20 of the tax collected at such hotel.
250-21 SECTION 8.366. Section 351.104(a), Tax Code, is amended to
250-22 read as follows:
250-23 (a) Subject to the limitation provided by Subsection (b) and
250-24 Section 351.102, an eligible municipality may pledge to the payment
250-25 of revenue bonds and revenue refunding bonds issued under
250-26 Subchapter A, Chapter 1504, Government Code [Chapter 63, Acts of
250-27 the 59th Legislature, Regular Session, 1965], all or any portion of
251-1 the revenue derived from the municipal [municipality] hotel
251-2 occupancy tax and all or any portion of any other revenue of the
251-3 municipality as the governing body may determine in the ordinance
251-4 authorizing the issuance of the bonds.
251-5 SECTION 8.367. Sections 351.105(a) and (g), Tax Code, are
251-6 amended to read as follows:
251-7 (a) An eligible coastal municipality that levies and
251-8 collects an occupancy tax authorized by this chapter at a rate of
251-9 seven percent shall pledge a portion of the revenue equal to at
251-10 least one percent of the cost of a room to either or both of the
251-11 following purposes:
251-12 (1) the payment of the bonds that the municipality or
251-13 a park board of trustees may issue under Section 1504.002(a),
251-14 Government Code [3, Chapter 63, Acts of the 59th Legislature,
251-15 Regular Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil
251-16 Statutes)], or under Chapter 306, Local Government Code, in order
251-17 to provide all or part of the funds for the establishment,
251-18 acquisition, purchase, construction, improvement, enlargement,
251-19 equipment, or repair of public improvements, including parks, civic
251-20 centers, civic center buildings, auditoriums, exhibition halls,
251-21 coliseums, marinas, cruise ship terminal facilities, hotels,
251-22 motels, parking facilities, golf courses, trolley or trolley
251-23 transportation systems, and other facilities as may be considered
251-24 advisable in connection with these facilities that serve the
251-25 purpose of attracting visitors and tourists to the municipality; or
251-26 (2) the maintenance, improvement, or operation of the
251-27 parks, civic centers, civic center buildings, auditoriums,
252-1 exhibition halls, coliseums, marinas, cruise ship terminal
252-2 facilities, hotels, motels, parking facilities, golf courses,
252-3 trolley or trolley transportation systems, and other facilities as
252-4 may be considered advisable in connection with these facilities
252-5 that serve the purpose of attracting visitors and tourists to the
252-6 municipality.
252-7 (g) The following statutes prevail over any conflicting
252-8 provision in the charter of an eligible coastal municipality:
252-9 (1) this section;
252-10 (2) Chapter 306, Local Government Code; and
252-11 (3) Subchapter A, Chapter 1504, Government Code
252-12 [Chapter 63, Acts of the 59th Legislature, Regular Session, 1965
252-13 (Article 1269j-4.1, Vernon's Texas Civil Statutes)].
252-14 SECTION 8.368. Section 351.106(a), Tax Code, is amended to
252-15 read as follows:
252-16 (a) A municipality that has a population of one million or
252-17 more and that has adopted a council-manager form of government
252-18 shall use the amount of revenue from the tax that is derived from
252-19 the application of the tax at a rate of more than four percent of
252-20 the cost of a room as follows:
252-21 (1) no more than 55 percent to:
252-22 (A) constructing, improving, enlarging,
252-23 equipping, and repairing the municipality's convention center
252-24 complex; or
252-25 (B) pledging payment of revenue bonds and
252-26 revenue refunding bonds issued under Subchapter A, Chapter 1504,
252-27 Government Code [Chapter 63, Acts of the 59th Legislature, Regular
253-1 Session, 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)],
253-2 for the municipality's convention center complex; and
253-3 (2) at least 45 percent for the purposes provided by
253-4 Section 351.101(a)(3).
253-5 SECTION 8.369. Section 351.1065(a), Tax Code, is amended to
253-6 read as follows:
253-7 (a) An eligible central municipality shall use the amount of
253-8 revenue from the tax that is derived from the application of the
253-9 tax at a rate of more than seven percent of the cost of a room only
253-10 for:
253-11 (1) the construction of an expansion of an existing
253-12 convention center facility; and
253-13 (2) pledging payment of revenue bonds and revenue
253-14 refunding bonds issued under Subchapter A, Chapter 1504, Government
253-15 Code [Chapter 63, Acts of the 59th Legislature, Regular Session,
253-16 1965 (Article 1269j-4.1, Vernon's Texas Civil Statutes)], for the
253-17 construction of the expansion.
253-18 SECTION 8.370. Section 352.104, Tax Code, is amended to read
253-19 as follows:
253-20 Sec. 352.104. PLEDGE FOR BONDS. A county may pledge the
253-21 revenue derived from the tax imposed under this chapter for the
253-22 payment of bonds that are issued by the county under Section
253-23 1477.303, Government Code [3, Article I, Chapter 796, Acts of the
253-24 67th Legislature, Regular Session, 1981 (Article 2372d-8, Vernon's
253-25 Texas Civil Statutes)], for one or more of the purposes provided by
253-26 Section 352.101.
253-27 SECTION 8.371. Section 22.052(b), Transportation Code, is
254-1 amended to read as follows:
254-2 (b) For a purpose described by Subsection (a), a local
254-3 government, in the manner provided by Subtitles A, C, D, and E,
254-4 Title 9, Government Code [Title 22, Revised Statutes], may:
254-5 (1) issue any form of secured or unsecured bonds,
254-6 including general or special obligation bonds, revenue bonds, or
254-7 refunding bonds; and
254-8 (2) impose taxes to provide for the interest and
254-9 sinking funds of any bonds issued.
254-10 SECTION 8.372. Section 22.0781(d), Transportation Code, is
254-11 amended to read as follows:
254-12 (d) A constituent agency may use revenue received under an
254-13 agreement under this section for one or more of the following:
254-14 (1) the acquisition, construction, improvement, and
254-15 renovation of any public work, including land, buildings,
254-16 materials, supplies, equipment, furnishings, and machinery;
254-17 (2) to secure and pledge in support of the payment of
254-18 bonds or other obligations issued by or on behalf of the
254-19 constituent agency after the effective date of the agreement for
254-20 any purpose for which the constituent agency, or an entity created
254-21 by the constituent agency to act on its behalf, may issue bonds or
254-22 obligations; and
254-23 (3) to pay the cost of a credit agreement, as defined
254-24 by Section 1371.001, Government Code [1, Chapter 656, Acts of the
254-25 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
254-26 Texas Civil Statutes)].
254-27 SECTION 8.373. Section 222.075(c), Transportation Code, is
255-1 amended to read as follows:
255-2 (c) Notwithstanding any other provision of this section, the
255-3 following laws apply to bonds issued by the commission:
255-4 (1) Chapters 1201, 1202, 1204, 1231, and 1371,
255-5 Government Code; and
255-6 (2) Subchapters A-C, Chapter 1207, Government Code
255-7 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
255-8 Vernon's Texas Civil Statutes);]
255-9 [(2) Chapter 3, Acts of the 61st Legislature, Regular
255-10 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
255-11 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
255-12 Vernon's Texas Civil Statutes);]
255-13 [(4) Chapter 1078, Acts of the 70th Legislature,
255-14 Regular Session, 1987 (Article 717k-7, Vernon's Texas Civil
255-15 Statutes);]
255-16 [(5) Article 3, Chapter 53, Acts of the 70th
255-17 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
255-18 Texas Civil Statutes); and]
255-19 [(6) Chapter 656, Acts of the 68th Legislature,
255-20 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
255-21 Statutes)].
255-22 SECTION 8.374. Sections 256.051(a) and (b), Transportation
255-23 Code, are amended to read as follows:
255-24 (a) In each year in which bonds issued under Chapter 1471,
255-25 Government Code [Article 726, Revised Statutes], are outstanding,
255-26 the county, precinct, or road district that issued the bonds shall
255-27 impose taxes in an amount sufficient to pay the principal of and
256-1 interest on the bonds.
256-2 (b) The taxes shall be imposed in the manner provided by
256-3 Sections 51.502 through 51.506, Water Code. A reference in Chapter
256-4 257 [of this code] or in Chapter 1471, Government Code [Article
256-5 726, Revised Statutes], to ad valorem taxes applies to a tax levied
256-6 by the commissioners court under this section on a basis other than
256-7 the ad valorem basis.
256-8 SECTION 8.375. Section 256.054(g), Transportation Code, is
256-9 amended to read as follows:
256-10 (g) The commissioners court of a county that adopts a tax as
256-11 provided by this section may issue negotiable county bonds or
256-12 county time warrants for the construction or improvement of
256-13 farm-to-market and lateral roads or the construction of permanent
256-14 improvements for flood control purposes if the bonds or warrants
256-15 are authorized by a majority of the votes received in an election
256-16 ordered by the commissioners court. The commissioners court shall
256-17 submit each proposition separately at the election. The
256-18 commissioners court shall issue the bonds or warrants and impose
256-19 the taxes for those bonds or warrants as provided by Subtitles A
256-20 and C, Title 9, Government Code [Chapter 1, Title 22, Revised
256-21 Statutes].
256-22 SECTION 8.376. Section 257.001, Transportation Code, is
256-23 amended to read as follows:
256-24 Sec. 257.001. ROAD DISTRICT OR PRECINCT OPERATING UNDER ROAD
256-25 BOND LAW DESIGNATED BODY CORPORATE; POWER TO SUE AND BE SUED. (a)
256-26 A county commissioners precinct or justice precinct operating under
256-27 Chapter 1471, Government Code [Article 726, Revised Statutes], or a
257-1 road district is a body corporate and may sue or be sued in the
257-2 same manner as a county.
257-3 (b) A commissioners precinct or justice precinct operating
257-4 under Chapter 1471, Government Code [Article 726, Revised
257-5 Statutes], or a road district may not be held liable for a tort
257-6 except as provided by Chapter 101, Civil Practice and Remedies
257-7 Code.
257-8 SECTION 8.377. Section 257.002(a), Transportation Code, is
257-9 amended to read as follows:
257-10 (a) A county commissioner is the ex officio road
257-11 superintendent with power to enter into a contract in an amount
257-12 that is not more than $50 on behalf of:
257-13 (1) a road district located in the commissioner's
257-14 precinct;
257-15 (2) a justice precinct operating under Chapter 1471,
257-16 Government Code [Article 726, Revised Statutes], and located in the
257-17 commissioner's precinct; or
257-18 (3) the commissioner's precinct if it is operating
257-19 under Chapter 1471, Government Code [Article 726, Revised
257-20 Statutes].
257-21 SECTION 8.378. Sections 257.021(c) and (d), Transportation
257-22 Code, are amended to read as follows:
257-23 (c) Before establishing a road district under this section,
257-24 the commissioners court shall conduct a public hearing on the
257-25 matter. Notice of the hearing shall be given in the manner
257-26 provided for notice of an election by Section 1471.018, Government
257-27 Code [2.006, Article 726, Revised Statutes].
258-1 (d) The establishment of a defined road district or the
258-2 issuance of road district bonds in a county with outstanding
258-3 countywide road bonds is not prevented by this chapter or
258-4 Subchapters A-C, Chapter 1471, Government Code [Part 2, Article
258-5 726, Revised Statutes].
258-6 SECTION 8.379. Section 257.022(a), Transportation Code, is
258-7 amended to read as follows:
258-8 (a) The commissioners court by order may abolish a road
258-9 district after a public hearing on the matter if:
258-10 (1) the road district has no outstanding public
258-11 securities [bonds], as that term is defined by Section 1201.002,
258-12 Government Code [the Bond Procedures Act of 1981 (Article 717k-6,
258-13 Vernon's Texas Civil Statutes)]; or
258-14 (2) all the public securities [bonds] of the district
258-15 have been assumed and exchanged for county bonds under Subchapter
258-16 D, Chapter 1471, Government Code [Part 3, Article 726, Revised
258-17 Statutes].
258-18 SECTION 8.380. Section 257.023(b), Transportation Code, is
258-19 amended to read as follows:
258-20 (b) Except as specifically permitted by Sections 1471.086
258-21 and 1471.087, Government Code [3.004 and 3.005, Article 726,
258-22 Revised Statutes], a road district may not contain a fractional
258-23 part of a preexisting road district.
258-24 SECTION 8.381. Section 257.111(b), Transportation Code, is
258-25 amended to read as follows:
258-26 (b) A district may purchase or take over a road under
258-27 Subsection (a) only in the manner provided by Subchapter D, Chapter
259-1 1471, Government Code [Part 3, Article 726, Revised Statutes],
259-2 except that a petition is not required to be filed.
259-3 SECTION 8.382. Section 257.113(d), Transportation Code, is
259-4 amended to read as follows:
259-5 (d) If the proposition provides for the road district to
259-6 purchase or take over improved roads constructed by an included
259-7 county or another road district included in the road district, the
259-8 election order must conform to the requirements of Section
259-9 1471.081, Government Code [3.001, Article 726, Revised Statutes].
259-10 SECTION 8.383. Section 257.114(c), Transportation Code, is
259-11 amended to read as follows:
259-12 (c) All other proceedings relating to the question submitted
259-13 must be in accordance with the provisions of Chapter 1471,
259-14 Government Code [Parts 2 and 3, Article 726, Revised Statutes],
259-15 that apply to county road bond elections.
259-16 SECTION 8.384. Section 257.119(c), Transportation Code, is
259-17 amended to read as follows:
259-18 (c) The commissioners courts shall sell some or all of the
259-19 bonds at that joint meeting at a price permitted by Chapter 1204,
259-20 Government Code [3, Acts of the 61st Legislature, Regular Session,
259-21 1969 (Article 717k-2, Vernon's Texas Civil Statutes)]. The
259-22 purchase money shall be deposited with the road district's
259-23 treasurer or depository to the credit of the available road fund of
259-24 the road district.
259-25 SECTION 8.385. Section 257.122, Transportation Code, is
259-26 amended to read as follows:
259-27 Sec. 257.122. INTEREST RATE AND MATURITY OF BONDS. Bonds
260-1 issued under this subchapter shall mature not later than the 40th
260-2 anniversary of the date of their issuance and shall bear interest
260-3 at a rate not to exceed that provided by Chapter 1204, Government
260-4 Code [3, Acts of the 61st Legislature, Regular Session, 1969
260-5 (Article 717k-2, Vernon's Texas Civil Statutes)].
260-6 SECTION 8.386. Section 361.172(b), Transportation Code, is
260-7 amended to read as follows:
260-8 (b) Notwithstanding any other provisions of this chapter,
260-9 the following laws apply to bonds issued by the authority:
260-10 (1) Chapters 1201, 1202, 1204, and 1371, Government
260-11 Code; and
260-12 (2) Subchapters A-C, Chapter 1207, Government Code
260-13 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
260-14 Vernon's Texas Civil Statutes);]
260-15 [(2) Chapter 3, Acts of the 61st Legislature, Regular
260-16 Session, 1969 (Article 717k-2, Vernon's Texas Civil Statutes);]
260-17 [(3) the Bond Procedures Act of 1981 (Article 717k-6,
260-18 Vernon's Texas Civil Statutes);]
260-19 [(4) Article 3, Chapter 53, Acts of the 70th
260-20 Legislature, 2nd Called Session, 1987 (Article 717k-8, Vernon's
260-21 Texas Civil Statutes); and]
260-22 [(5) Chapter 656, Acts of the 68th Legislature,
260-23 Regular Session, 1983 (Article 717q, Vernon's Texas Civil
260-24 Statutes)].
260-25 SECTION 8.387. Section 361.238(a), Transportation Code, is
260-26 amended to read as follows:
260-27 (a) Except as provided by Subsection (b), a turnpike project
261-1 becomes a toll-free highway when:
261-2 (1) the bonds issued under this chapter for the
261-3 project and the interest on the bonds are paid; or
261-4 (2) firm banking and financial arrangements have been
261-5 made for the discharge and final payment or redemption of the bonds
261-6 in accordance with Section 1207.033, Government Code [7A, Chapter
261-7 503, Acts of the 54th Legislature, 1955 (Article 717k, Vernon's
261-8 Texas Civil Statutes)].
261-9 SECTION 8.388. Sections 362.003(a) and (c), Transportation
261-10 Code, are amended to read as follows:
261-11 (a) This chapter is cumulative of all laws affecting the
261-12 issuance of bonds by local governmental entities, particularly, but
261-13 not by way of limitation, provisions of Chapters 1201 and 1371,
261-14 Government Code, and Subchapters A-C, Chapter 1207, Government Code
261-15 [Chapter 503, Acts of the 54th Legislature, 1955 (Article 717k,
261-16 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
261-17 (Article 717k-6, Vernon's Texas Civil Statutes), and Chapter 656,
261-18 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
261-19 Vernon's Texas Civil Statutes)], are applicable to and apply to all
261-20 bonds issued under [to] this chapter, regardless of any
261-21 classification of any such local governmental entities thereunder;
261-22 provided, however, in the event of any conflict between such laws
261-23 and this chapter, the provisions of this chapter prevail.
261-24 (c) This chapter is cumulative of all laws affecting the
261-25 authority, and the authority is authorized to enter into all
261-26 agreements necessary or convenient to effectuate the purposes of
261-27 this chapter. Particularly, but not by way of limitation, the
262-1 provisions of Chapters 1201 and 1371, Government Code, and
262-2 Subchapters A-C, Chapter 1207, Government Code [Chapter 503, Acts
262-3 of the 54th Legislature, 1955 (Article 717k, Vernon's Texas Civil
262-4 Statutes), the Bond Procedures Act of 1981 (Article 717k-6,
262-5 Vernon's Texas Civil Statutes), Chapter 656, Acts of the 68th
262-6 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
262-7 Civil Statutes)], and Chapter 361 are applicable to the bonds
262-8 issued by the authority under this chapter.
262-9 SECTION 8.389. Section 362.007(e), Transportation Code, is
262-10 amended to read as follows:
262-11 (e) Any election required to permit action under this
262-12 subchapter must be held in conformance with Chapter 1251,
262-13 Government Code [1, Title 22, Revised Statutes], or other law
262-14 applicable to the local governmental entity.
262-15 SECTION 8.390. Section 365.031, Transportation Code, is
262-16 amended to read as follows:
262-17 Sec. 365.031. AUTHORITY TO ISSUE BONDS. A district may
262-18 issue bonds to finance a toll road project:
262-19 (1) to the extent and for the purpose a county may pay
262-20 the cost of a project under Chapter 284; and
262-21 (2) as provided by Chapter 1371, Government Code [656,
262-22 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
262-23 Vernon's Texas Civil Statutes)].
262-24 SECTION 8.391. Section 365.036(a), Transportation Code, is
262-25 amended to read as follows:
262-26 (a) A district may issue refunding bonds to refund its bonds
262-27 under this chapter as provided by Chapter 1371, Government Code
263-1 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
263-2 717q, Vernon's Texas Civil Statutes)], and Chapter 441.
263-3 SECTION 8.392. Section 366.118, Transportation Code, is
263-4 amended to read as follows:
263-5 Sec. 366.118. APPLICABILITY OF OTHER LAW; CONFLICTS. All
263-6 laws affecting the issuance of bonds by local governmental
263-7 entities, including Chapters 1201, 1202, 1204, and 1371, Government
263-8 Code [Chapter 656, Acts of the 68th Legislature, Regular Session,
263-9 1983 (Article 717q, Vernon's Texas Civil Statutes), Chapter 3, Acts
263-10 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
263-11 Vernon's Texas Civil Statutes), the Bond Procedures Act of 1981
263-12 (Article 717k-6, Vernon's Texas Civil Statutes), and Chapter 53,
263-13 Acts of the 70th Legislature, 2nd Called Session, 1987 (Article
263-14 717k-8, Vernon's Texas Civil Statutes)], apply to bonds issued
263-15 under this chapter. To the extent of a conflict between those laws
263-16 and this chapter, the provisions of this chapter prevail.
263-17 SECTION 8.393. Section 366.303(e), Transportation Code, is
263-18 amended to read as follows:
263-19 (e) Any election required to permit action under this
263-20 subchapter must be held in conformity with Chapter 1251, Government
263-21 Code [1, Title 22, Revised Statutes], or other law applicable to
263-22 the local governmental entity.
263-23 SECTION 8.394. Section 431.070(b), Transportation Code, is
263-24 amended to read as follows:
263-25 (b) The bonds and notes may be issued under any power or
263-26 authority available to the corporation, including Chapter 1201,
263-27 Government Code [the Bond Procedures Act of 1981 (Article 717k-6,
264-1 Vernon's Texas Civil Statutes)].
264-2 SECTION 8.395. Section 451.359, Transportation Code, is
264-3 amended to read as follows:
264-4 Sec. 451.359. REFUNDING BONDS. An authority may issue
264-5 refunding bonds for the purposes and in the manner authorized by
264-6 general law, including Chapter 1207, Government Code [503, Acts of
264-7 the 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
264-8 Texas Civil Statutes) and Chapter 784, Acts of the 61st
264-9 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
264-10 Civil Statutes)].
264-11 SECTION 8.396. Section 452.359, Transportation Code, is
264-12 amended to read as follows:
264-13 Sec. 452.359. REFUNDING BONDS. An authority may issue
264-14 refunding bonds for the purposes and in the manner authorized by
264-15 general law, including Chapter 1207, Government Code [503, Acts of
264-16 the 54th Legislature, Regular Session, 1955 (Article 717k, Vernon's
264-17 Texas Civil Statutes), and Chapter 784, Acts of the 61st
264-18 Legislature, Regular Session, 1969 (Article 717k-3, Vernon's Texas
264-19 Civil Statutes)].
264-20 SECTION 8.397. Section 453.309, Transportation Code, is
264-21 amended to read as follows:
264-22 Sec. 453.309. REFUNDING BONDS. A transit department may
264-23 issue refunding bonds for the purposes and in the manner authorized
264-24 by Chapter 1207, Government Code [503, Acts of the 54th
264-25 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
264-26 Civil Statutes), Chapter 784, Acts of the 61st Legislature, Regular
264-27 Session, 1969 (Article 717k-3, Vernon's Texas Civil Statutes)], or
265-1 other law.
265-2 SECTION 8.398. Section 454.024(a), Transportation Code, is
265-3 amended to read as follows:
265-4 (a) If a petition meeting the requirements of Section
265-5 454.023 is filed:
265-6 (1) the governing body of the municipality shall hold
265-7 an election on the question as provided by Chapter 1251, Government
265-8 Code [1, Title 22, Revised Statutes]; and
265-9 (2) the bonds or notes may not be issued unless a
265-10 majority of the votes received at the election favor the question.
265-11 SECTION 8.399. Section 457.258, Transportation Code, is
265-12 amended to read as follows:
265-13 Sec. 457.258. REFUNDING BONDS. An authority may issue
265-14 refunding bonds for the purposes and in the manner authorized by
265-15 Chapter 1207, Government Code [503, Acts of the 54th Legislature,
265-16 1955 (Article 717k, Vernon's Texas Civil Statutes), Chapter 784,
265-17 Acts of the 61st Legislature, Regular Session, 1969 (Article
265-18 717k-3, Vernon's Texas Civil Statutes)], or other law.
265-19 SECTION 8.400. Sections 32.053(a), (b), (g), and (h),
265-20 Utilities Code, are amended to read as follows:
265-21 (a) This section applies only to a corporation that:
265-22 (1) sells electricity exclusively at wholesale, and
265-23 not to ultimate consumers;
265-24 (2) is authorized by Chapter 152, Water Code [245,
265-25 Acts of the 67th Legislature, Regular Session, 1981 (Article 717p,
265-26 Vernon's Texas Civil Statutes)]; and
265-27 (3) acts on behalf of a river authority.
266-1 (b) Notwithstanding a river authority's enabling legislation
266-2 or Chapter 152, Water Code [245, Acts of the 67th Legislature,
266-3 Regular Session, 1981 (Article 717p, Vernon's Texas Civil
266-4 Statutes)], a corporation may:
266-5 (1) acquire, finance, construct, rebuild, repower,
266-6 operate, or sell a facility directly related to the generation of
266-7 electricity;
266-8 (2) sell, at wholesale only, the output of the
266-9 facility to a purchaser, other than an ultimate consumer, at any
266-10 location in this state; and
266-11 (3) purchase and sell electricity, at wholesale only,
266-12 to a purchaser, other than an ultimate consumer, at any location in
266-13 this state.
266-14 (g) Notwithstanding any other law, the board of directors of
266-15 a river authority may sell, lease, loan, or otherwise transfer
266-16 some, all, or substantially all of the electric generation property
266-17 of the river authority to a nonprofit corporation authorized under
266-18 this section or Chapter 152, Water Code [245, Acts of the 67th
266-19 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
266-20 Civil Statutes)]. The property transfer shall be made under terms
266-21 and conditions approved by the board of directors of the river
266-22 authority.
266-23 (h) Subsections (a)-(f) do not apply to a corporation
266-24 created under Chapter 152, Water Code [245, Acts of the 67th
266-25 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
266-26 Civil Statutes)], to serve an area described in Section 32.052.
266-27 SECTION 8.401. Sections 40.001(b)-(d), Utilities Code, are
267-1 amended to read as follows:
267-2 (b) Except as specifically provided in this subsection,
267-3 Chapter 39 does not apply to a river authority operating a steam
267-4 generating plant on or before January 1, 1999, or a corporation
267-5 authorized by Chapter 152, Water Code [245, Acts of the 67th
267-6 Legislature, Regular Session, 1981 (Article 717p, Vernon's Texas
267-7 Civil Statutes)], or Section 32.053. A river authority operating a
267-8 steam generating plant on or before January 1, 1999, is subject to
267-9 Sections 39.051(a)-(c), 39.108, 39.155, 39.157(e), and 39.203.
267-10 (c) For purposes of Section 39.051, hydroelectric assets may
267-11 not be deemed to be generating assets, and the transfer of
267-12 generating assets to a corporation authorized by Chapter 152, Water
267-13 Code [245, Acts of the 67th Legislature, Regular Session, 1981
267-14 (Article 717p, Vernon's Texas Civil Statutes)], satisfies the
267-15 requirements of Section 39.051.
267-16 (d) Accommodation shall be made in the code of conduct
267-17 established under Section 39.157(e) for the provisions of Chapter
267-18 152, Water Code [245, Acts of the 67th Legislature, Regular
267-19 Session, 1981 (Article 717p, Vernon's Texas Civil Statutes)], and
267-20 the commission may not prohibit a river authority and any related
267-21 corporation from sharing officers, directors, employees, equipment,
267-22 and facilities or from providing goods or services to each other at
267-23 cost without the need for a competitive bid.
267-24 SECTION 8.402. Section 40.002, Utilities Code, is amended to
267-25 read as follows:
267-26 Sec. 40.002. DEFINITION. For purposes of this chapter,
267-27 "body vested with the power to manage and operate a municipally
268-1 owned utility" means [shall mean] a body created in accordance with
268-2 Section 1502.070, Government Code, or Subchapter G, Chapter 402,
268-3 Local Government Code [Article 1115 or 1115a, Revised Statutes], or
268-4 by municipal charter.
268-5 SECTION 8.403. Section 40.003(c), Utilities Code, is amended
268-6 to read as follows:
268-7 (c) Bonds issued under the authority conferred by
268-8 Subsections (a)(1) and (2) and Subsection (b) may be issued in the
268-9 form and manner, with or without credit enhancement or liquidity
268-10 enhancement and using the procedures as provided in Chapter 1201,
268-11 Government Code, [the Bond Procedures Act of 1981 (Article 717k-6,
268-12 Vernon's Texas Civil Statutes)] or other laws applicable to the
268-13 issuance of bonds, including Subchapters A-C, Chapter 1207,
268-14 Government Code, and Chapter 1371, Government Code [Chapter 656,
268-15 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
268-16 Vernon's Texas Civil Statutes), Chapter 503, Acts of the 54th
268-17 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
268-18 Civil Statutes), and Chapter 642, Acts of the 65th Legislature,
268-19 Regular Session, 1977 (Article 1118n-12, Vernon's Texas Civil
268-20 Statutes)], as if those laws were fully restated in this section
268-21 and made a part of this section for all purposes, and a
268-22 municipality or river authority shall have the right and authority
268-23 to use those other laws, notwithstanding any applicable
268-24 restrictions contained in those laws, to the extent convenient or
268-25 necessary to carry out any power or authority, express or implied,
268-26 granted under this section, in the issuance of bonds by a
268-27 municipality or river authority in connection with securitization
269-1 financing. This section is wholly sufficient authority for the
269-2 issuance of bonds, notes, or other obligations, including refunding
269-3 bonds, and the performance of the other authorized acts and
269-4 procedures, without reference to any other laws or any restrictions
269-5 or limitations contained in those laws. To the extent of any
269-6 conflict or inconsistency between the provisions of this
269-7 authorization and any provisions of any other law or home-rule
269-8 charter, the authorization and power to issue bonds conferred on
269-9 municipalities or river authorities under this section shall
269-10 prevail and control.
269-11 SECTION 8.404. Section 163.058(c), Utilities Code, is
269-12 amended to read as follows:
269-13 (c) Notice of an election under this section shall be given
269-14 in accordance with Section 1251.003, Government Code [Article 704,
269-15 Revised Statutes]. The election shall be called and held in
269-16 accordance with:
269-17 (1) the Election Code;
269-18 (2) Chapter 1251, Government Code [1, Title 22,
269-19 Revised Statutes]; and
269-20 (3) this subchapter.
269-21 SECTION 8.405. Section 164.006, Utilities Code, is amended
269-22 to read as follows:
269-23 Sec. 164.006. CONSTRUCTION WITH OTHER LAWS. To provide full
269-24 authority for the execution of an agreement under this chapter,
269-25 this chapter applies to a municipality as if this chapter were
269-26 originally contained in Chapter 1501 or 1502, Government Code, or
269-27 Chapter 402, Local Government Code [10, Title 28, Revised
270-1 Statutes]. This chapter prevails over any charter provision or
270-2 general or special law.
270-3 SECTION 8.406. Section 17.029, Water Code, is amended to
270-4 read as follows:
270-5 Sec. 17.029. REFUNDING BONDS. The board may provide by
270-6 resolution for the issuance of refunding bonds to refund
270-7 outstanding bonds issued under this chapter and their accrued
270-8 interest. The board may sell the refunding bonds and use the
270-9 proceeds to retire the outstanding bonds issued under this chapter,
270-10 exchange the refunding bonds for the outstanding bonds, or refund
270-11 the bonds in the manner provided by any other applicable statute,
270-12 including Chapter 1207, Government Code [503, Acts of the 54th
270-13 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
270-14 and Chapter 784, Acts of the 61st Legislature, Regular Session,
270-15 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
270-16 SECTION 8.407. Section 17.035(b), Water Code, is amended to
270-17 read as follows:
270-18 (b) In addition to other authority granted by this
270-19 subchapter, the board may exercise the authority granted to the
270-20 governing body of an issuer with regard to issuance of obligations
270-21 under Chapter 1371, Government Code [656, Acts of the 68th
270-22 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
270-23 Civil Statutes)].
270-24 SECTION 8.408. Section 17.179(d), Water Code, is amended to
270-25 read as follows:
270-26 (d) With respect to projects for which financial assistance
270-27 is made available under this chapter, the Texas Water Development
271-1 Board [board] shall file semiannually with the Bond Review Board
271-2 [bond review board established under Chapter 1078, Acts of the 70th
271-3 Legislature, Regular Session, 1987 (Article 717k-7, Vernon's Texas
271-4 Civil Statutes),] a report on the performance of loans made by the
271-5 Texas Water Development Board [board] in connection with the
271-6 projects. The Bond Review Board [bond review board] shall review
271-7 the reports filed by the Texas Water Development Board [board]
271-8 under this subsection to assess the adequacy of the security for
271-9 the bonds purchased. The filing dates and the contents of the
271-10 reports must comply with any rules adopted by the Bond Review Board
271-11 [bond review board].
271-12 SECTION 8.409. Section 17.188(b), Water Code, is amended to
271-13 read as follows:
271-14 (b) Notwithstanding the provisions of [Article 1112, Revised
271-15 Statutes, or] any [other] general or special law or charter
271-16 provisions to the contrary, a political subdivision may authorize,
271-17 issue, and sell its revenue bonds as provided by this section and
271-18 create any encumbrance in connection with those bonds by a majority
271-19 vote of the governing body of the political subdivision without the
271-20 necessity of an election.
271-21 SECTION 8.410. Section 17.884, Water Code, is amended to
271-22 read as follows:
271-23 Sec. 17.884. APPROVAL OF ATTORNEY GENERAL. The proceedings
271-24 relating to the bonds issued under this subchapter are subject to
271-25 review and approval by the attorney general in the same manner and
271-26 with the same effects as provided by Chapter 1371, Government Code
271-27 [656, Acts of the 68th Legislature, Regular Session, 1983 (Article
272-1 717q, Vernon's Texas Civil Statutes)].
272-2 SECTION 8.411. Section 17.887(b), Water Code, is amended to
272-3 read as follows:
272-4 (b) The board may sell the refunding bonds and use the
272-5 proceeds to retire the outstanding bonds issued under this chapter,
272-6 exchange the refunding bonds for the outstanding bonds, or refund
272-7 the bonds in the manner provided by any other applicable statute,
272-8 including Chapter 1207, Government Code [503, Acts of the 54th
272-9 Legislature, 1955 (Article 717k, Vernon's Texas Civil Statutes),
272-10 and Chapter 784, Acts of the 61st Legislature, Regular Session,
272-11 1969 (Article 717k-3, Vernon's Texas Civil Statutes)].
272-12 SECTION 8.412. Section 17.893(b), Water Code, is amended to
272-13 read as follows:
272-14 (b) In addition to other authority granted by this
272-15 subchapter, the board may exercise the powers granted to the
272-16 governing body of an issuer with regard to issuance of obligations
272-17 under Chapter 1371, Government Code [656, Acts of the 68th
272-18 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
272-19 Civil Statutes)].
272-20 SECTION 8.413. Section 17.962(b), Water Code, is amended to
272-21 read as follows:
272-22 (b) The proceedings relating to the water financial
272-23 assistance bonds issued under this subchapter are subject to review
272-24 and approval by the attorney general in the same manner and with
272-25 the same effect as provided by Chapter 1371, Government Code [656,
272-26 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
272-27 Vernon's Texas Civil Statutes)].
273-1 SECTION 8.414. Section 17.967(b), Water Code, is amended to
273-2 read as follows:
273-3 (b) The board may sell the refunding water financial
273-4 assistance bonds and use the proceeds to retire any of the
273-5 outstanding obligations described in Subsection (a), exchange the
273-6 refunding water financial assistance bonds for the outstanding
273-7 bonds or water financial assistance bonds, or refund any of the
273-8 outstanding obligations described in Subsection (a) in the manner
273-9 provided by any other applicable statute, including Chapter 1207,
273-10 Government Code [503, Acts of the 54th Legislature, 1955 (Article
273-11 717k, Vernon's Texas Civil Statutes), and Chapter 784, Acts of the
273-12 61st Legislature, Regular Session, 1969 (Article 717k-3, Vernon's
273-13 Texas Civil Statutes)].
273-14 SECTION 8.415. Section 17.971(b), Water Code, is amended to
273-15 read as follows:
273-16 (b) In addition to other authority granted by this
273-17 subchapter, the board may exercise the authority granted to the
273-18 governing body of an issuer with regard to the issuance of
273-19 obligations under Chapter 1371, Government Code [656, Acts of the
273-20 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
273-21 Texas Civil Statutes)].
273-22 SECTION 8.416. Section 20.101, Water Code, is amended to
273-23 read as follows:
273-24 Sec. 20.101. ISSUANCE OF BONDS. For the issuance of bonds
273-25 under this chapter, the board may exercise the authority granted to
273-26 the governing body of an issuer with regard to issuance of
273-27 obligations under Chapter 1371, Government Code [656, Acts of the
274-1 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
274-2 Texas Civil Statutes)], to the extent that it is not inconsistent
274-3 with this chapter.
274-4 SECTION 8.417. Section 20.102(c), Water Code, is amended to
274-5 read as follows:
274-6 (c) The bonds may bear interest at a rate or rates
274-7 determined in accordance with the resolution or order authorizing
274-8 the issuance of the bonds but not to exceed the net effective
274-9 interest rate authorized by Chapter 1204, Government Code [3, Acts
274-10 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
274-11 Vernon's Texas Civil Statutes)].
274-12 SECTION 8.418. Section 20.110, Water Code, is amended to
274-13 read as follows:
274-14 Sec. 20.110. APPROVAL OF ATTORNEY GENERAL. The bonds issued
274-15 under this chapter are subject to review and approval by the
274-16 attorney general in the same manner and with the same effect as
274-17 provided by Chapter 1371, Government Code [656, Acts of the 68th
274-18 Legislature, Regular Session, 1983 (Article 717q, Vernon's Texas
274-19 Civil Statutes)].
274-20 SECTION 8.419. Section 30.030(c), Water Code, is amended to
274-21 read as follows:
274-22 (c) If a public agency having taxing power holds an election
274-23 substantially according to the applicable provisions of Chapter
274-24 1251, Government Code [1, Title 22, Revised Civil Statutes of
274-25 Texas, 1925, as amended], relating to the issuance of bonds by
274-26 cities and it is determined that the public agency is authorized to
274-27 levy an ad valorem tax to make all or part of the payments under a
275-1 contract with a district, then the contract is an obligation
275-2 against the taxing power of the public agency to the extent
275-3 authorized, and payments under the contract may be payable from and
275-4 constitute solely an obligation against the taxing powers of the
275-5 city or may be payable both from taxes and from revenue prescribed
275-6 in the contract. Otherwise, neither the district nor the holders
275-7 of the district's bonds are entitled to demand payment of the
275-8 public agency's obligation out of any tax revenue.
275-9 SECTION 8.420. Section 30.058(a), Water Code, is amended to
275-10 read as follows:
275-11 (a) Instead of or in addition to obtaining the approval of
275-12 the attorney general, the district may have the bonds validated by
275-13 suit in the district court as provided in Chapter 1205, Government
275-14 Code [316, Acts of the 56th Legislature, Regular Session, 1959
275-15 (Article 717m, Vernon's Texas Civil Statutes)].
275-16 SECTION 8.421. Sections 49.183(d) and (e), Water Code, are
275-17 amended to read as follows:
275-18 (d) A district's bonds are negotiable instruments within the
275-19 meaning and purposes of the Business & Commerce Code. A district's
275-20 bonds may be issued and bear interest in accordance with Chapters
275-21 1201, 1204, and 1371, Government Code, and Subchapters A-C, Chapter
275-22 1207, Government Code [Chapter 503, Acts of the 54th Legislature,
275-23 1955 (Article 717k, Vernon's Texas Civil Statutes); Chapter 3, Acts
275-24 of the 61st Legislature, Regular Session, 1969 (Article 717k-2,
275-25 Vernon's Texas Civil Statutes); the Bond Procedures Act of 1981
275-26 (Article 717k-6, Vernon's Texas Civil Statutes); and Chapter 656,
275-27 Acts of the 68th Legislature, Regular Session, 1983 (Article 717q,
276-1 Vernon's Texas Civil Statutes)]. Except for this subsection, this
276-2 section does not apply to special water authorities or districts
276-3 described in Section 49.181(h)(4).
276-4 (e) Subsections (a) and (b) do not apply to district bonds
276-5 issued pursuant to Chapter 1371, Government Code [656, Acts of the
276-6 68th Legislature, Regular Session, 1983 (Article 717q, Vernon's
276-7 Texas Civil Statutes)].
276-8 SECTION 8.422. Sections 66.316 and 66.320, Water Code, are
276-9 amended to read as follows:
276-10 Sec. 66.316. REFUNDING BONDS. Refunding bonds may be issued
276-11 for the purposes and in the manner provided by general law
276-12 including Chapter 1207, Government Code [503, Acts of the 54th
276-13 Legislature, Regular Session, 1955 (Article 717k, Vernon's Texas
276-14 Civil Statutes), and Chapter 784, Acts of the 61st Legislature,
276-15 Regular Session, 1969 (Article 717k-3, Vernon's Texas Civil
276-16 Statutes)].
276-17 Sec. 66.320. APPLICATION OF OTHER LAWS. Bonds of the
276-18 district are considered public securities [bonds] under Chapter
276-19 1201, Government Code [the Bond Procedures Act of 1981 (Article
276-20 717k-6, Vernon's Texas Civil Statutes)].
276-21 ARTICLE 9. OTHER CHANGES RELATING TO
276-22 GOVERNMENT CODE
276-23 SECTION 9.001. (a) The heading to Subchapter G, Chapter 24,
276-24 Government Code, is repealed because of the prior repeal of the law
276-25 contained in that subchapter by Chapter 646, Acts of the 71st
276-26 Legislature, Regular Session, 1989.
276-27 (b) Sections 25.00261, 25.00262, 25.00263, 25.00264,
277-1 25.00265, and 25.00266, Government Code, are repealed because they
277-2 are identical to Sections 25.0027, 25.0028, 25.0029, 25.0030,
277-3 25.0031, and 25.0032, Government Code, as added by Chapter 394,
277-4 Acts of the 72nd Legislature, Regular Session, 1991, respectively.
277-5 (c) Sections 25.0031 and 25.0032, Government Code, as added
277-6 by Chapter 148, Acts of the 70th Legislature, Regular Session,
277-7 1987, are renumbered as Sections 25.0041 and 25.0042, Government
277-8 Code, respectively.
277-9 (d) Subsection (i), Section 25.0595, Government Code, as
277-10 amended by Chapters 394 and 746, Acts of the 72nd Legislature,
277-11 Regular Session, 1991, is reenacted to read as follows:
277-12 (i) Section 25.0027 does not apply to a statutory probate
277-13 court in Dallas County.
277-14 (e) Subsection (j), Section 25.2512, Government Code, is
277-15 repealed because it duplicates Subsection (g) of that section.
277-16 (f) Section 25.2651(b), Government Code, is amended to read
277-17 as follows:
277-18 (b) Except for Sections 25.0009, 25.0010(b), 25.0011,
277-19 25.0030(b) [25.00264(b)], and 25.0031 [25.00265], Subchapters A and
277-20 B apply to a statutory probate court composed of more than one
277-21 county.
277-22 (g) Section 40.062, Human Resources Code, is amended to read
277-23 as follows:
277-24 Sec. 40.062. EXEMPTION FROM CERTAIN COSTS AND FEES. The
277-25 department is not required to pay any cost or fee otherwise imposed
277-26 for court proceedings, including a:
277-27 (1) filing fee or fee for issuance or service of
278-1 process imposed by Section 110.002, Family Code, or by Section
278-2 51.317, 51.318(b)(2), or 51.319, Government Code;
278-3 (2) transfer fee imposed by Section 110.002 or
278-4 110.005, Family Code;
278-5 (3) court reporter fee imposed by Section 51.601,
278-6 Government Code;
278-7 (4) judicial fund fee imposed by Sections 51.701 and
278-8 51.702, Government Code;
278-9 (5) judge's fee imposed by Section 25.0008[,
278-10 25.00263,] or 25.0029, Government Code; or
278-11 (6) cost or security fee imposed by Section 12 or 622,
278-12 Probate Code.
278-13 SECTION 9.0011. Section 25.00255(k), Government Code, is
278-14 amended to correct a reference to read as follows:
278-15 (k) A party may file a motion for sanctions alleging that
278-16 another party in the case filed a motion for the recusal or
278-17 disqualification of a judge solely to delay the case and without
278-18 sufficient cause. The presiding judge or the judge assigned by the
278-19 presiding judge to hear the motion for recusal may approve a motion
278-20 for sanctions authorized by Rule 215.2(b) [215(2)(b)], Texas Rules
278-21 of Civil Procedure.
278-22 SECTION 9.002. Section 323.017, Government Code, is amended
278-23 to read as follows:
278-24 Sec. 323.017. CONFIDENTIAL COMMUNICATIONS. Communications,
278-25 including conversations, correspondence, and electronic
278-26 communications, between a member of the legislature or the
278-27 lieutenant governor and an assistant or employee of the council
279-1 that relate to a request by the official for information, advice,
279-2 or opinions from an assistant or employee of the council are
279-3 confidential. Information, advice, and opinions given privately by
279-4 an assistant or employee of the council to a member of the
279-5 legislature, or the lieutenant governor, acting in the person's
279-6 [his] official capacity, are confidential. However, the member or
279-7 lieutenant governor may choose to disclose all or a part of the
279-8 communications, information, advice, or opinions to which this
279-9 section [subsection] applies, and such a disclosure does not
279-10 violate the law of this state.
279-11 SECTION 9.003. Section 402.0212(c), Government Code, is
279-12 amended to correct a reference to read as follows:
279-13 (c) This section shall not apply to the Texas Turnpike
279-14 Authority division of the Texas Department of Transportation.
279-15 SECTION 9.004. Section 403.028(a), Government Code, as
279-16 amended by Chapters 1289, 1290, and 1541, Acts of the 76th
279-17 Legislature, Regular Session, 1999, is reenacted to read as
279-18 follows:
279-19 (a) The comptroller, in consultation with the state
279-20 auditor's office, shall conduct a study each biennium to determine:
279-21 (1) the number and type of potential fraudulent claims
279-22 for medical or health care benefits submitted:
279-23 (A) under the state Medicaid program, including
279-24 the Medicaid managed care program implemented under Chapter 533; or
279-25 (B) by or on behalf of a state employee and
279-26 administered by the attorney general under Chapter 501, Labor Code;
279-27 and
280-1 (2) the need for changes to the eligibility system
280-2 used under the state Medicaid program.
280-3 SECTION 9.005. (a) Section 403.302(h), Government Code, as
280-4 added by Section 1, Chapter 1525, Acts of the 76th Legislature,
280-5 Regular Session, 1999, is redesignated as Section 403.302(i),
280-6 Government Code, and amended to conform to Section 403.302(d),
280-7 Government Code, as amended by Section 1.36, Chapter 396, Acts of
280-8 the 76th Legislature, Regular Session, 1999, to read as follows:
280-9 (i) [(h)] If the comptroller determines in the annual study
280-10 that the market value of property in a school district as
280-11 determined by the appraisal district that appraises property for
280-12 the school district, less the total of the amounts and values
280-13 listed in Subsection (d) as determined by that appraisal district,
280-14 is valid, the comptroller, in determining the taxable value of
280-15 property in the school district under Subsection (d), shall for
280-16 purposes of Subsection (d)(12) [(d)(11)] subtract from the market
280-17 value as determined by the appraisal district of residence
280-18 homesteads to which Section 23.23, Tax Code, applies the amount by
280-19 which that amount exceeds the appraised value of those properties
280-20 as calculated by the appraisal district under Section 23.23, Tax
280-21 Code. If the comptroller determines in the annual study that the
280-22 market value of property in a school district as determined by the
280-23 appraisal district that appraises property for the school district,
280-24 less the total of the amounts and values listed in Subsection (d)
280-25 as determined by that appraisal district, is not valid, the
280-26 comptroller, in determining the taxable value of property in the
280-27 school district under Subsection (d), shall for purposes of
281-1 Subsection (d)(12) [(d)(11)] subtract from the market value as
281-2 estimated by the comptroller of residence homesteads to which
281-3 Section 23.23, Tax Code, applies the amount by which that amount
281-4 exceeds the appraised value of those properties as calculated by
281-5 the appraisal district under Section 23.23, Tax Code.
281-6 (b) Section 403.302(h), Government Code, as amended by
281-7 Section 1.36, Chapter 396, Acts of the 76th Legislature, Regular
281-8 Session, 1999, is redesignated as Section 403.302(j), Government
281-9 Code, and amended to read as follows:
281-10 (j) [(h)] For purposes of Section 42.2511, Education Code,
281-11 the comptroller shall certify to the commissioner of education:
281-12 (1) a final value for each school district computed on
281-13 a residence homestead exemption under Section 1-b(c), Article VIII,
281-14 Texas Constitution, of $5,000; and
281-15 (2) a final value for each school district computed
281-16 on:
281-17 (A) a residence homestead exemption under
281-18 Section 1-b(c), Article VIII, Texas Constitution, of $15,000; and
281-19 (B) the effect of the additional limitation on
281-20 tax increases under Section 1-b(d), Article VIII, Texas
281-21 Constitution[, as proposed by H.J.R. No. 4, 75th Legislature,
281-22 Regular Session, 1997].
281-23 (c) Section 403.302(j), Government Code, as added by Section
281-24 1.36, Chapter 396, Acts of the 76th Legislature, Regular Session,
281-25 1999, is redesignated as Section 403.302(k), Government Code.
281-26 SECTION 9.006. Section 493.002(a), Government Code, as
281-27 amended by Chapters 490 and 1360, Acts of the 75th Legislature,
282-1 Regular Session, 1997, is amended to properly number subdivisions
282-2 to read as follows:
282-3 (a) The following divisions are within the department:
282-4 (1) the community justice assistance division;
282-5 (2) the institutional division;
282-6 (3) the pardons and paroles division;
282-7 (4) the state jail division; [and]
282-8 (5) the internal audit division; and
282-9 (6) [(5)] the programs and services division.
282-10 SECTION 9.007. Section 531.001(4), Government Code, as
282-11 amended by Chapters 7 and 1460, Acts of the 76th Legislature,
282-12 Regular Session, 1999, is amended to properly letter paragraphs to
282-13 read as follows:
282-14 (4) "Health and human services agencies" includes the:
282-15 (A) Interagency Council on Early Childhood
282-16 Intervention;
282-17 (B) Texas Department on Aging;
282-18 (C) Texas Commission on Alcohol and Drug Abuse;
282-19 (D) Texas Commission for the Blind;
282-20 (E) Texas Commission for the Deaf and Hard of
282-21 Hearing;
282-22 (F) Texas Department of Health;
282-23 (G) Texas Department of Human Services;
282-24 (H) Texas Juvenile Probation Commission;
282-25 (I) Texas Department of Mental Health and Mental
282-26 Retardation;
282-27 (J) Texas Rehabilitation Commission;
283-1 (K) Department of Protective and Regulatory
283-2 Services; [and]
283-3 (L) Children's Trust Fund of Texas Council; and
283-4 (M) [(L)] Texas Health Care Information Council.
283-5 SECTION 9.008. (a) Section 552.274, Government Code, is
283-6 amended to codify Sections 1-3, Chapter 428, Acts of the 73rd
283-7 Legislature, Regular Session, 1993, to read as follows:
283-8 Sec. 552.274. REPORTS [REPORT] BY GENERAL SERVICES
283-9 COMMISSION AND STATE AGENCIES [AGENCY] ON COST OF COPIES. (a) The
283-10 General Services Commission shall:
283-11 (1) biennially update a report prepared by the
283-12 commission about the charges made by state agencies for providing
283-13 copies of public information; and
283-14 (2) provide a copy of the updated report to each state
283-15 agency not later than March 1 of each even-numbered year.
283-16 (b) Not later than December 1 of each odd-numbered year,
283-17 each state agency shall provide the General Services Commission
283-18 detailed information, for use by the commission in preparing the
283-19 report required by Subsection (a) [Sections 2(c) and (d), Chapter
283-20 428, Acts of the 73rd Legislature, Regular Session, 1993],
283-21 describing the agency's procedures for charging and collecting fees
283-22 for providing copies of public information.
283-23 (c) Before the 30th day after the date on which a regular
283-24 session of the legislature convenes, each state agency shall issue
283-25 a report that describes that agency's procedures for charging and
283-26 collecting fees for providing copies of public information.
283-27 (d) [(b)] In this section, "state agency" has the meaning
284-1 assigned by Sections 2151.002(2)(A) and (C).
284-2 (b) Sections 1-4, Chapter 428, Acts of the 73rd Legislature,
284-3 Regular Session, 1993, are repealed.
284-4 SECTION 9.009. Section 602.002, Government Code, as amended
284-5 by Chapters 325, 638, and 653, Acts of the 76th Legislature,
284-6 Regular Session, 1999, is reenacted and amended to read as follows:
284-7 Sec. 602.002. OATH MADE IN TEXAS. An oath made in this
284-8 state may be administered and a certificate of the fact given by:
284-9 (1) a judge or a clerk of a municipal court, in a
284-10 matter pertaining to a duty of the court;
284-11 (2) a judge, clerk, or commissioner of a court of
284-12 record;
284-13 (3) a justice of the peace or a clerk of a justice
284-14 court;
284-15 (4) a notary public;
284-16 (5) a member of a board or commission created by a law
284-17 of this state, in a matter pertaining to a duty of the board or
284-18 commission;
284-19 (6) a person employed by the Texas Ethics Commission
284-20 who has a duty related to a report required by Title 15, Election
284-21 Code, in a matter pertaining to that duty;
284-22 (7) a county tax assessor-collector or an employee of
284-23 the county tax assessor-collector if the oath relates to a document
284-24 that is required or authorized to be filed in the office of the
284-25 county tax assessor-collector;
284-26 (8) the secretary of state;
284-27 (9) the lieutenant governor;
285-1 (10) the speaker of the house of representatives;
285-2 (11) the governor;
285-3 (12) the secretary or clerk of a municipality in a
285-4 matter pertaining to the official business of the municipality; or
285-5 (13) a peace officer described by Article 2.12, Code
285-6 of Criminal Procedure, if:
285-7 (A) the oath is administered when the officer is
285-8 engaged in the performance of the officer's duties; and
285-9 (B) the administration of the oath relates to
285-10 the officer's duties.
285-11 SECTION 9.010. (a) Subchapter C, Chapter 2204, Government
285-12 Code, is amended to codify Chapter 306, Acts of the 57th
285-13 Legislature, Regular Session, 1961 (Article 5244a-3, Vernon's Texas
285-14 Civil Statutes), to read as follows:
285-15 SUBCHAPTER C. CONVEYANCE OF STATE HIGHWAY LAND TO UNITED STATES
285-16 FOR CERTAIN [MILITARY] PURPOSES
285-17 Sec. 2204.201. APPLICATION OF SUBCHAPTER. This subchapter
285-18 applies only to land or an interest in land owned by this state
285-19 that is under the control of the Texas Department of
285-20 Transportation.
285-21 Sec. 2204.202. CONVEYANCE TO UNITED STATES FOR MILITARY
285-22 PURPOSES. [(a)] The governor, on the recommendation of the Texas
285-23 Transportation Commission or on the request of the United States
285-24 supported by the recommendation of the Texas Transportation
285-25 Commission, may convey to the United States an easement or other
285-26 interest in land that:
285-27 (1) is located near a federally owned or operated
286-1 military installation or facility; and
286-2 (2) may be necessary for the construction, operation,
286-3 and maintenance of the military installation or facility.
286-4 Sec. 2204.203. CONVEYANCE TO UNITED STATES FOR CIVIL WORKS
286-5 PROJECT. (a) In this section, "civil works project" means a flood
286-6 control project, river and harbor improvement project, water
286-7 conservation project, or other civil works project constructed or
286-8 to be constructed by the United States.
286-9 (b) The governor, on the recommendation of the Texas
286-10 Transportation Commission or on the request of the United States
286-11 supported by the recommendation of the Texas Transportation
286-12 Commission, may convey to the United States or any governmental
286-13 subdivision or agency of this state that is cooperating with the
286-14 United States in a civil works project an easement or other
286-15 interest in land that may be necessary for the construction,
286-16 operation, and maintenance of the civil works project.
286-17 Sec. 2204.204. CONSIDERATION FOR CONVEYANCE. A [(b) The]
286-18 conveyance under this subchapter may be made without monetary
286-19 consideration or for a consideration determined by the Texas
286-20 Transportation Commission.
286-21 Sec. 2204.205 [2204.203]. FEE SIMPLE NOT OWNED BY STATE.
286-22 For land for which the fee simple title is not vested in this state
286-23 and for which the owner of the fee executes an easement to the
286-24 United States for the purposes provided by Section 2204.202 or
286-25 2204.203 [2204.202(a)], the governor on the recommendation of the
286-26 Texas Transportation Commission may join in and assent to the
286-27 easement by the same or a separate instrument.
287-1 (b) Chapter 2204, Government Code, is amended to codify
287-2 Chapter 66, Acts of the 41st Legislature, 1st Called Session, 1929
287-3 (Article 5248a, Vernon's Texas Civil Statutes), Chapter 393, Acts
287-4 of the 45th Legislature, Regular Session, 1937 (Article 5248b,
287-5 Vernon's Texas Civil Statutes), and Chapter 3, page 546, Special
287-6 Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article
287-7 5248d, Vernon's Texas Civil Statutes), by adding Subchapters G and
287-8 H to read as follows:
287-9 SUBCHAPTER G. CONVEYANCE OF EASEMENT TO UNITED STATES
287-10 FOR LOUISIANA AND TEXAS INTRACOASTAL WATERWAY
287-11 Sec. 2204.601. CONVEYANCE TO UNITED STATES. (a) The state
287-12 conveys to the United States an easement to construct and maintain
287-13 the Louisiana and Texas Intracoastal Waterway over and through the
287-14 following described areas:
287-15 (1) the disconnected portions of the stream beds of
287-16 Mud Bayou and East Bay Bayou from approximately Station 1519 to
287-17 approximately Station 1914 as shown on United States Engineer
287-18 Department map, "Louisiana and Texas Intra-Coastal Waterway, Sabine
287-19 River-Galveston Bay Section, Survey of 1926-7, Sheet No. 12, File
287-20 16-2-16," the portions of the stream beds of Mud Bayou and East Bay
287-21 Bayou covered by this easement being 300 feet wide and located in
287-22 Chambers and Galveston counties where the intracoastal waterway
287-23 intersects the meanderings of the bayous; and
287-24 (2) the disconnected portions of bays and any tidal
287-25 lands owned by the state within an area 300 feet in width extending
287-26 from the Galveston-Brazoria County line to the nine-foot contour in
287-27 Aransas Bay along the route of the projected Louisiana and Texas
288-1 Intracoastal Waterway as shown in red on the map, in four sheets,
288-2 prepared by the United States Engineer Office, Galveston, Texas,
288-3 entitled "Louisiana and Texas Intracoastal Waterway, Survey of
288-4 1927-1928," Index Sheets Nos. 1, 2, 3, and 4, File No. 16-4-4, the
288-5 portions of bays and tidal lands being located in Brazoria,
288-6 Matagorda, Calhoun, and Aransas counties.
288-7 (b) The state conveys to the United States an easement to
288-8 deposit dredged material during the construction and maintenance of
288-9 the Louisiana and Texas Intracoastal Waterway in bays and on tidal
288-10 lands owned by the state within 2,000 feet of the area described by
288-11 Subsection (a)(2).
288-12 Sec. 2204.602. REVERSION TO STATE ON FAILURE TO MAINTAIN. If
288-13 the United States fails at any time to maintain or have maintained
288-14 the Louisiana and Texas Intracoastal Waterway, the easement granted
288-15 under Section 2204.601 terminates and reverts to the state.
288-16 Sec. 2204.603. PROPERTY RIGHTS NOT AFFECTED. This subchapter
288-17 does not affect or impair:
288-18 (1) a person's vested right; or
288-19 (2) the right of a person to use and maintain a bridge
288-20 in existence on May 17, 1929, on or across Mud Bayou or East Bay
288-21 Bayou.
288-22 SUBCHAPTER H. CONVEYANCE TO UNITED STATES OF AREA IN
288-23 NUECES COUNTY NAVIGATION DISTRICT FOR MILITARY PURPOSES
288-24 Sec. 2204.701. GRANT OF EASEMENT TO UNITED STATES. The state
288-25 conveys to the United States an easement in an area three square
288-26 miles or larger, or of different form, in the Nueces County
288-27 Navigation District, in Nueces Bay, Nueces County, Texas, as
289-1 designated by the United States, to erect and maintain a fort,
289-2 military station or camp, magazine, arsenal, dockyard, barracks,
289-3 lighthouse, naval yard, naval base, naval air base, naval air
289-4 station, channel, approach for battleships, or any other necessary
289-5 military purpose.
289-6 Sec. 2204.702. CONVEYANCE OF LAND TO UNITED STATES. On
289-7 demand from the United States, the governor shall convey to the
289-8 United States the area described by Section 2204.701 for a purpose
289-9 described by Section 2204.701.
289-10 Sec. 2204.703. LIMITATION ON CONVEYANCE. A conveyance under
289-11 this subchapter is subject to the limitations described by Sections
289-12 2204.101-2204.103, Government Code, and Sections 61.115-61.117,
289-13 Water Code.
289-14 Sec. 2204.704. MINERAL RESERVATION REQUIRED. A grant of an
289-15 easement under this subchapter must reserve to the state all
289-16 minerals, including oil and gas.
289-17 Sec. 2204.705. REVERSION TO STATE ON NONUSE. If the United
289-18 States no longer uses the area described by Section 2204.701 for a
289-19 purpose described by Section 2204.701 or fails to maintain or to
289-20 have maintained at any time the facilities described by Section
289-21 2204.701, the easement granted under this subchapter terminates and
289-22 reverts to the state.
289-23 (c) The following laws are repealed:
289-24 (1) Chapter 306, Acts of the 57th Legislature, Regular
289-25 Session, 1961 (Article 5244a-3, Vernon's Texas Civil Statutes);
289-26 (2) Chapter 66, Acts of the 41st Legislature, 1st
289-27 Called Session, 1929 (Article 5248a, Vernon's Texas Civil
290-1 Statutes);
290-2 (3) Chapter 393, Acts of the 45th Legislature, Regular
290-3 Session, 1937 (Article 5248b, Vernon's Texas Civil Statutes); and
290-4 (4) Chapter 3, page 546, Special Laws, Acts of the
290-5 46th Legislature, Regular Session, 1939 (Article 5248d, Vernon's
290-6 Texas Civil Statutes).
290-7 SECTION 9.011. Section 2252.004, Government Code, is amended
290-8 to correct a reference to read as follows:
290-9 Sec. 2252.004. CONTRACT INVOLVING FEDERAL FUNDS. This
290-10 subchapter [chapter] does not apply to a contract involving federal
290-11 funds.
290-12 SECTION 9.012. Section 2252.033, Government Code, is amended
290-13 to correct a reference to read as follows:
290-14 Sec. 2252.033. EXEMPTIONS. This subchapter [chapter] does
290-15 not apply to:
290-16 (1) a public works contract executed before August 31,
290-17 1981;
290-18 (2) a public works contract in which the total
290-19 contract price estimate at the time of execution of the contract is
290-20 less than $400,000; or
290-21 (3) a public works contract made by the Texas
290-22 Department of Transportation under Subchapter A, Chapter 223,
290-23 Transportation Code.
290-24 SECTION 9.013. (a) Chapter 2252, Government Code, is amended
290-25 to codify Sections 1-5, Chapter 881, Acts of the 73rd Legislature,
290-26 Regular Session, 1993 (Article 601i, Vernon's Texas Civil
290-27 Statutes), by adding Subchapter E to read as follows:
291-1 SUBCHAPTER E. PUBLIC CONTRACTS WITH DISADVANTAGED OR
291-2 HISTORICALLY UNDERUTILIZED BUSINESSES
291-3 Sec. 2252.121. DEFINITIONS. In this subchapter:
291-4 (1) "Contractor" means a person who submits a bid for
291-5 a public contract. The term includes a general contractor, a prime
291-6 contractor, and a subcontractor.
291-7 (2) "Disadvantaged or historically underutilized
291-8 business" means an entity that meets the definition of a
291-9 historically underutilized business under Section 2161.001 and in
291-10 which the owners of the business participate in the control,
291-11 operation, and management of the business in a manner proportionate
291-12 to their ownership so that the business is clearly controlled by
291-13 the economically disadvantaged owners.
291-14 (3) "Governmental entity" means a state agency or
291-15 political subdivision of this state.
291-16 (4) "Person" means an individual, partnership,
291-17 association, corporation, or other private legal entity.
291-18 (5) "Political subdivision" means a county,
291-19 municipality, school district, or other special district or
291-20 authority of this state.
291-21 (6) "Public contract" means a purchasing contract or
291-22 public works contract awarded by a governmental entity.
291-23 (7) "State agency" means a board, commission, office,
291-24 department, or other agency in the executive, judicial, or
291-25 legislative branch of state government. The term includes an
291-26 institution of higher education as defined by Section 61.003,
291-27 Education Code.
292-1 Sec. 2252.122. APPLICABILITY. This subchapter applies to
292-2 each public contract entered into by a governmental entity and a
292-3 contractor in which the contractor claims to be a disadvantaged or
292-4 a historically underutilized business.
292-5 Sec. 2252.123. PROHIBITED ACT. A contractor may not claim
292-6 disadvantaged or historically underutilized business status in
292-7 bidding on a public contract unless the contractor meets the
292-8 definition of a disadvantaged or historically underutilized
292-9 business and that contractor will personally execute the terms of
292-10 the contract.
292-11 Sec. 2252.124. SPECIFIC REQUIREMENTS. To qualify as a
292-12 contractor claiming disadvantaged or historically underutilized
292-13 business status under this subchapter:
292-14 (1) the general contractor will perform all of the
292-15 estimating and contract administration functions with the employees
292-16 of that contractor;
292-17 (2) subcontractors will perform all of their work of
292-18 their trade with their own employees or, if the subcontractor uses
292-19 an employee leasing firm for the purpose of providing salary and
292-20 benefit administration, with employees who in all other respects
292-21 are supervised and perform on the job as if they were employees of
292-22 the subcontractor; and
292-23 (3) a prime contractor who intends to subcontract
292-24 specific trades may do so if:
292-25 (A) the dollar value of the subcontracts does
292-26 not exceed 75 percent of the original value of the contract; and
292-27 (B) all work in the trade of the prime
293-1 contractor is accomplished by employees of that contractor or, if
293-2 the prime contractor uses an employee leasing firm for the purpose
293-3 of salary and benefit administration, with employees who in all
293-4 other respects are supervised and perform on the job as if they
293-5 were employees of the prime contractor.
293-6 Sec. 2252.125. CIVIL PENALTY. (a) The attorney general or a
293-7 district, county, or municipal attorney may institute an action in
293-8 district court to recover a civil penalty against a person who
293-9 claims disadvantaged or historically underutilized business status
293-10 and a general contractor who knowingly contracts with a person
293-11 claiming the disadvantaged or historically underutilized business
293-12 status in violation of Section 2252.123.
293-13 (b) A civil penalty imposed under this section may not
293-14 exceed $1,000 for each violation and may not exceed $100,000, in
293-15 the aggregate, for all violations arising from a single action.
293-16 Each day a violation occurs constitutes a separate violation for
293-17 purposes of imposing the penalty.
293-18 (c) A civil penalty recovered in an action brought by the
293-19 attorney general shall be deposited in the state treasury. A civil
293-20 penalty recovered in an action brought by a political subdivision
293-21 shall be deposited in the general fund of that political
293-22 subdivision.
293-23 (d) A civil penalty imposed under this section is in
293-24 addition to any other criminal, civil, or administrative penalty
293-25 that may be imposed by the state or a political subdivision and to
293-26 which a person in violation of Section 2252.123 may be liable.
293-27 (b) Sections 1-5, Chapter 881, Acts of the 73rd Legislature,
294-1 Regular Session, 1993 (Article 601i, Vernon's Texas Civil
294-2 Statutes), are repealed.
294-3 SECTION 9.014. (a) Section 2308.102(a), Government Code, is
294-4 amended to conform to Section 2.06(b), Workforce and Economic
294-5 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
294-6 Statutes), as amended by Section 53, Chapter 260, Acts of the 74th
294-7 Legislature, Regular Session, 1995, to read as follows:
294-8 (a) The council shall assume the duty to:
294-9 (1) develop, with the assistance of each appropriate
294-10 state agency, recommend to the governor, and report to the
294-11 legislature state plans required by applicable federal law in order
294-12 for the state to receive federal funds;
294-13 (2) make policy recommendations to the governor and
294-14 the legislature on goals and priorities for formula and
294-15 discretionary funds for all applicable programs;
294-16 (3) participate directly in the development of the
294-17 state plan for career and technology education, as required by law,
294-18 and recommend the plan to the Texas Education Agency;
294-19 (4) ensure that general revenue funds previously
294-20 available to the Texas Literacy Council are used to support the
294-21 efforts of local literacy councils in a manner consistent with the
294-22 state strategic plan;
294-23 (5) recommend to the State Board for Career and
294-24 Technology [of Vocational] Education the division of federal funds
294-25 between secondary and postsecondary educational agencies under the
294-26 Carl D. Perkins Vocational and Applied Technology Education Act (20
294-27 U.S.C. Section 2301 et seq.); and
295-1 (6) make recommendations to the Texas Workforce
295-2 Commission on unemployment insurance issues pertinent to the
295-3 responsibilities of the council.
295-4 (b) Section 53, Chapter 260, Acts of the 74th Legislature,
295-5 Regular Session, 1995, is repealed.
295-6 SECTION 9.015. Section 54, Chapter 260, Acts of the 74th
295-7 Legislature, Regular Session, 1995, is repealed to conform to
295-8 Section 19.16, Chapter 165, Acts of the 75th Legislature, Regular
295-9 Session, 1997.
295-10 SECTION 9.016. (a) Section 2308.301, Government Code, is
295-11 amended to conform to Section 4.055(a), Workforce and Economic
295-12 Competitiveness Act (Article 5190.7a, Vernon's Texas Civil
295-13 Statutes), as added by Section 4.04, Chapter 655, Acts of the 74th
295-14 Legislature, Regular Session, 1995, to read as follows:
295-15 Sec. 2308.301. DEFINITIONS [DEFINITION]. In this subchapter:
295-16 (1) "Board"[, "board"] means a local workforce
295-17 development board.
295-18 (2) "Commission" means the Texas Workforce Commission.
295-19 (b) Subchapter G, Chapter 2308, Government Code, is amended
295-20 by adding Section 2308.3036 to conform to Sections 4.055(b)-(e),
295-21 Workforce and Economic Competitiveness Act (Article 5190.7a,
295-22 Vernon's Texas Civil Statutes), as added by Section 4.04, Chapter
295-23 655, Acts of the 74th Legislature, Regular Session, 1995, to read
295-24 as follows:
295-25 Sec. 2308.3036. DEMONSTRATION PROJECTS. (a) In addition to
295-26 performing the functions under Sections 2308.302 and 2308.303 and
295-27 adopting the local plan required under Section 2308.304, each board
296-1 may establish and operate localized programs to expand education,
296-2 training, and employment in the workforce development area
296-3 administered by the board. The board may design creative programs
296-4 that fit the unique characteristics and needs of its workforce
296-5 development area.
296-6 (b) A board that designs a program under this section shall
296-7 submit a written proposal for approval of the program to the
296-8 commission. The commission shall approve any program that clearly
296-9 demonstrates the ability to:
296-10 (1) draw on and unite the resources of the local
296-11 community; and
296-12 (2) determine and meet the needs of the local service
296-13 populations, businesses, and industries.
296-14 (c) A board shall implement and administer a program
296-15 approved by the commission under this section as a local
296-16 demonstration project. The board shall report to the commission
296-17 quarterly regarding the administration of the project and the
296-18 effectiveness of the project in serving the workforce development
296-19 needs of the community.
296-20 (d) A board shall submit any proposed changes in the program
296-21 to the commission in writing. The commission must approve the
296-22 proposed changes before the changes may be adopted and implemented
296-23 by the board.
296-24 (c) Subchapter G, Chapter 2308, Government Code, is amended
296-25 by adding Section 2308.3037 to conform to Section 4.057, Workforce
296-26 and Economic Competitiveness Act (Article 5190.7a, Vernon's Texas
296-27 Civil Statutes), as added by Section 4.04, Chapter 655, Acts of the
297-1 74th Legislature, Regular Session, 1995, to read as follows:
297-2 Sec. 2308.3037. DEMONSTRATION PROJECT ACCOUNT. (a) The
297-3 local workforce development board demonstration project fund
297-4 account is a revolving fund account established in the state
297-5 treasury that may be used only for:
297-6 (1) loans for the initial implementation costs of a
297-7 demonstration project approved under Section 2308.3036; and
297-8 (2) small loans for new education, training, and
297-9 employment programs established by a board under a demonstration
297-10 project.
297-11 (b) The revolving fund account consists of:
297-12 (1) money appropriated to the account by the
297-13 legislature;
297-14 (2) donations made to the account;
297-15 (3) repayment of a small loan made under the
297-16 provisions of a demonstration project;
297-17 (4) money received under a state or federal education,
297-18 training, and job program; and
297-19 (5) depository interest and investment income earned
297-20 on the account.
297-21 (c) Money drawn from the revolving fund account for the
297-22 operation of education, training, and job programs shall be paid
297-23 back to the account as permanent revenues from state or federal
297-24 education, training, and job programs become available.
297-25 (d) Subchapter G, Chapter 2308, Government Code, is amended
297-26 by adding Section 2308.3038 to conform to Section 4.056, Workforce
297-27 and Economic Competitiveness Act (Article 5190.7a, Vernon's Texas
298-1 Civil Statutes), as added by Section 4.04, Chapter 655, Acts of the
298-2 74th Legislature, Regular Session, 1995, to read as follows:
298-3 Sec. 2308.3038. CERTAIN PROGRAMS FOR TANF RECIPIENTS. (a)
298-4 In this section, "JOBS training program" means the job
298-5 opportunities and basic skills training program under Part F,
298-6 Subchapter IV, Social Security Act (42 U.S.C. Section 682), or a
298-7 successor program.
298-8 (b) In addition to the programs established under Section
298-9 2308.3036, each board shall adopt programs to enhance the ability
298-10 of recipients of financial assistance and services under Chapter
298-11 31, Human Resources Code, who are eligible to participate in the
298-12 JOBS training program or a successor program to obtain and retain
298-13 gainful employment. On the request of a board, the commission
298-14 shall provide technical assistance to the board in adopting
298-15 programs under this section.
298-16 (c) In adopting programs under this section, the board shall
298-17 consider the programs adopted under Section 31.0126, Human
298-18 Resources Code. Within the parameters established by that section,
298-19 the board may adopt a program to serve more effectively the needs
298-20 of the recipients described by Subsection (b) who are residing in
298-21 the workforce development area.
298-22 (d) The commission must approve a program adopted by a board
298-23 under this section, including a program adopted under Section
298-24 31.0126, Human Resources Code, before the board may implement the
298-25 program in the workforce development area.
298-26 (e) Section 4.04, Chapter 655, Acts of the 74th Legislature,
298-27 Regular Session, 1995, is repealed.
299-1 SECTION 9.017. Chapter 363, Acts of the 42nd Legislature,
299-2 Regular Session, 1931 (Article 678a, Vernon's Texas Civil
299-3 Statutes), is repealed as obsolete.
299-4 ARTICLE 10. CHANGES RELATING TO
299-5 HEALTH AND SAFETY CODE
299-6 SECTION 10.0001. Section 81.169(f), Health and Safety Code,
299-7 is amended to correct a reference to read as follows:
299-8 (f) The Texas Rules of [Civil] Evidence apply to the hearing
299-9 unless the rules are inconsistent with this chapter.
299-10 SECTION 10.001. Section 170.001(3), Health and Safety Code,
299-11 is amended to more accurately reflect the law from which it was
299-12 derived to read as follows:
299-13 (3) "Viable" means the stage of fetal development
299-14 when, in the medical judgment of the attending physician based on
299-15 the particular facts of the case, an unborn child possesses the
299-16 capacity to live outside its mother's womb after its premature
299-17 birth from any cause. The term does not include a fetus whose
299-18 biparietal diameter is less than 60 millimeters.
299-19 SECTION 10.0011. Sections 242.049(d) and (e), Health and
299-20 Safety Code, are amended to correct references to read as follows:
299-21 (d) The collection, compilation, and analysis of the
299-22 information and any reports produced from these sources shall be
299-23 done in a manner that protects the privacy of any individual about
299-24 whom information is given and is explicitly confidential. The
299-25 department shall protect and maintain the confidentiality of the
299-26 information. The information received by the department, any
299-27 information compiled as a result of review of internal agency
300-1 documents, and any reports, compilations, and analyses produced
300-2 from these sources shall not be available for public inspection or
300-3 disclosure, nor are these sources public records within the meaning
300-4 of Chapter 552, Government Code. The information and any
300-5 compilations, reports, or analyses produced from the information
300-6 shall not be subject to discovery, subpoena, or other means of
300-7 legal compulsion for release to any person or entity except as
300-8 provided in this section and shall not be admissible in any civil,
300-9 administrative, or criminal proceeding. This privilege shall be
300-10 recognized by Rules 501 and 502 of the Texas Rules of [Civil]
300-11 Evidence [and the Texas Rules of Criminal Evidence].
300-12 (e) The information and reports, compilations, and analyses
300-13 developed by the department for quality improvement shall be used
300-14 only for the evaluation and improvement of quality care in nursing
300-15 homes. No department proceeding or record shall be subject to
300-16 discovery, subpoena, or other means of legal compulsion for release
300-17 to any person or entity, and shall not be admissible in any civil,
300-18 administrative, or criminal proceeding. This privilege shall be
300-19 recognized by Rules 501 and 502 of the Texas Rules of [Civil]
300-20 Evidence [and the Texas Rules of Criminal Evidence].
300-21 SECTION 10.002. Section 382.058, Health and Safety Code, as
300-22 amended by Chapters 391 and 406, Acts of the 76th Legislature,
300-23 Regular Session, 1999, is reenacted and amended to correct the
300-24 heading and a reference to read as follows:
300-25 Sec. 382.058. NOTICE OF AND HEARING ON CONSTRUCTION OF
300-26 CONCRETE PLANT UNDER PERMIT BY RULE, STANDARD PERMIT, OR EXEMPTION
300-27 [PROVISIONS RELATING TO PERMITS BY RULE OR STANDARD PERMITS FOR
301-1 COMMISSION EXEMPTION FOR CONSTRUCTION OF CERTAIN CONCRETE PLANTS].
301-2 (a) A person may not begin construction on any concrete plant that
301-3 performs wet batching, dry batching, or central mixing under a
301-4 standard permit under Section 382.05195 or a permit by rule adopted
301-5 by the commission under Section 382.05196 unless the person has
301-6 complied with the notice and opportunity for hearing provisions
301-7 under Section 382.056.
301-8 (b) This section does not apply to a concrete plant located
301-9 temporarily in the right-of-way, or contiguous to the right-of-way,
301-10 of a public works project.
301-11 (c) For purposes of this section, only those persons
301-12 actually residing in a permanent residence within 440 yards of the
301-13 proposed plant may request a hearing under Section 382.056
301-14 [382.056(d)] as a person who may be affected.
301-15 (d) If the commission considers air dispersion modeling
301-16 information in the course of adopting an exemption under Section
301-17 382.057 for a concrete plant that performs wet batching, dry
301-18 batching, or central mixing, the commission may not require that a
301-19 person who qualifies for the exemption conduct air dispersion
301-20 modeling before beginning construction of a concrete plant, and
301-21 evidence regarding air dispersion modeling may not be submitted at
301-22 a hearing under Section 382.056.
301-23 SECTION 10.003. Section 401.383(a), Health and Safety Code,
301-24 is amended to more accurately reflect the law from which it was
301-25 derived to read as follows:
301-26 (a) A person commits an offense if the person intentionally
301-27 or knowingly receives, processes, concentrates, stores, transports,
302-1 or disposes of low-level radioactive waste without a license issued
302-2 under this chapter.
302-3 SECTION 10.0031. Section 462.067(d), Health and Safety Code,
302-4 is amended to correct a reference to read as follows:
302-5 (d) The Texas Rules of Civil Procedure and Texas Rules of
302-6 [Civil] Evidence apply to a hearing unless the rules are
302-7 inconsistent with this chapter. The hearing is on the record, and
302-8 the state must prove each issue by clear and convincing evidence.
302-9 SECTION 10.004. Section 502.020, Health and Safety Code, as
302-10 added by Chapters 1332 and 1501, Acts of the 76th Legislature,
302-11 Regular Session, 1999, is reenacted to read as follows:
302-12 Sec. 502.020. WORKPLACE SAFETY FOR INMATES. A person
302-13 imprisoned in a facility operated by or for the Texas Department of
302-14 Criminal Justice is not an employee for the purposes of this
302-15 chapter. The Texas Department of Criminal Justice shall provide a
302-16 person imprisoned in a facility operated by or for the Texas
302-17 Department of Criminal Justice the protections from exposure to
302-18 hazardous chemicals in the workplace as provided for in this
302-19 chapter.
302-20 SECTION 10.005. (a) The heading of Subchapter A, Chapter
302-21 535, Health and Safety Code, is repealed.
302-22 (b) Section 535.001, Health and Safety Code, is amended to
302-23 correct a reference to read as follows:
302-24 Sec. 535.001. DEFINITIONS. In this chapter [subchapter]:
302-25 (1) "Assistance" means a subsidy granted by the
302-26 department to provide support services to a client.
302-27 (2) "Client" means a person with a mental disability
303-1 who lives independently or a family who receives assistance under
303-2 this chapter [subchapter].
303-3 (3) "Family" means a group that consists of a person
303-4 with a mental disability and that person's parent, sibling, spouse,
303-5 child, or legal guardian. The group may include others.
303-6 (4) "Legal guardian" means a person appointed by a
303-7 court of competent jurisdiction to exercise powers over a person
303-8 with a mental disability.
303-9 (5) "Mental illness" has the meaning assigned by
303-10 Section 571.003.
303-11 (6) "Mental retardation" has the meaning assigned by
303-12 Section 591.003.
303-13 (7) "Other support programs" means:
303-14 (A) all forms of local, state, or federal
303-15 support services other than assistance;
303-16 (B) contract programs; or
303-17 (C) support services provided by public or
303-18 private funds for persons with mental disabilities or their
303-19 families.
303-20 (8) "Parent" means a natural, foster, surrogate, or
303-21 adoptive parent.
303-22 (9) "Person with a mental disability" means:
303-23 (A) a person with mental illness;
303-24 (B) a person with mental retardation;
303-25 (C) a person with a pervasive developmental
303-26 disorder; or
303-27 (D) a person younger than four years of age who
304-1 is eligible for early childhood intervention services.
304-2 (10) "Pervasive developmental disorder" means a
304-3 disorder that begins in childhood and that meets the criteria for a
304-4 pervasive developmental disorder established in the Diagnostic and
304-5 Statistical Manual, Edition III-R.
304-6 (c) Section 535.002, Health and Safety Code, is amended to
304-7 correct a reference to read as follows:
304-8 Sec. 535.002. ADOPTION OF RULES AND IMPLEMENTATION OF
304-9 PROGRAM. (a) The department shall adopt rules, procedures,
304-10 guidelines, and standards to implement and administer this chapter
304-11 [subchapter], including:
304-12 (1) procedures and guidelines for determining
304-13 eligibility standards relating to financial qualifications and the
304-14 need for services and for determining eligibility criteria for
304-15 selecting clients;
304-16 (2) standards and procedures for approving qualified
304-17 programs and support services;
304-18 (3) procedures for conducting a periodic review of
304-19 clients;
304-20 (4) procedures and guidelines for determining when
304-21 assistance duplicates other support programs or results in
304-22 excessive support to a client;
304-23 (5) rules establishing reasonable payment rates for
304-24 qualified programs and support services under this chapter
304-25 [subchapter]; and
304-26 (6) rules establishing a copayment system in
304-27 accordance with Section 535.009.
305-1 (b) If feasible and economical, the department may use local
305-2 mental health and mental retardation authorities to implement this
305-3 chapter [subchapter]. However, the department may not designate
305-4 those local mental health and mental retardation authorities as the
305-5 sole providers of services if other providers are available.
305-6 (d) Sections 535.003(e) and (f), Health and Safety Code, are
305-7 amended to correct a reference to read as follows:
305-8 (e) In determining eligibility for support services under
305-9 this chapter [subchapter], the department shall determine if the
305-10 applicant is eligible to receive the services from other support
305-11 programs and may deny the application if it determines that the
305-12 applicant is eligible to receive services that are available from
305-13 another support program. If the department denies the application,
305-14 the department shall provide to the applicant information on and
305-15 referral to the appropriate support program.
305-16 (f) A local or state agency may not consider assistance
305-17 received under this chapter [subchapter] in determining eligibility
305-18 for another support program unless that consideration is required
305-19 by federal regulations.
305-20 (e) Section 535.005, Health and Safety Code, is amended to
305-21 correct a reference to read as follows:
305-22 Sec. 535.005. SUPPORT SERVICES FOR CERTAIN CLIENTS. The
305-23 department may contract with the Texas Department of Human Services
305-24 to provide support services to clients of the Texas Department of
305-25 Human Services who are mentally disabled and eligible to receive
305-26 assistance under this chapter [subchapter].
305-27 (f) Section 535.006, Health and Safety Code, is amended to
306-1 correct a reference to read as follows:
306-2 Sec. 535.006. LIMITATION OF DUTY. The department's duty to
306-3 provide assistance under this chapter [subchapter] is determined
306-4 and limited by the funds specifically appropriated to administer
306-5 this chapter [subchapter].
306-6 (g) Section 535.011, Health and Safety Code, is amended to
306-7 correct a reference to read as follows:
306-8 Sec. 535.011. CLIENT RESPONSIBILITY FOR PAYMENT. Each client
306-9 shall pay:
306-10 (1) the client's required copayment; and
306-11 (2) the amount of charges in excess of the amount the
306-12 department establishes for the service or the amount incurred in
306-13 excess of the maximum amount of assistance authorized by this
306-14 chapter [subchapter] to be provided by the department.
306-15 (h) Section 535.014(a), Health and Safety Code, is amended
306-16 to correct a reference to read as follows:
306-17 (a) A person commits an offense if the person, in obtaining
306-18 or attempting to obtain assistance under this chapter [subchapter]
306-19 for himself or another person:
306-20 (1) makes or causes to be made a statement or
306-21 representation the person knows to be false; or
306-22 (2) solicits or accepts any assistance for which the
306-23 person knows he, or the person for whom the solicitation is made,
306-24 is not eligible.
306-25 SECTION 10.006. Section 574.031(e), Health and Safety Code,
306-26 is amended to correct a reference to read as follows:
306-27 (e) The Texas Rules of [Civil] Evidence apply to the hearing
307-1 unless the rules are inconsistent with this subtitle.
307-2 SECTION 10.007. Section 593.050(d), Health and Safety Code,
307-3 is amended to correct a reference to read as follows:
307-4 (d) The Texas Rules of [Civil] Evidence apply. The results
307-5 of the determination of mental retardation and the current
307-6 interdisciplinary team report and recommendations shall be
307-7 presented in evidence.
307-8 SECTION 10.008. Section 773.091(e), Health and Safety Code,
307-9 is amended to correct a reference to read as follows:
307-10 (e) Notwithstanding Rule 501, Texas Rules of [Criminal]
307-11 Evidence, [and Rule 501, Texas Rules of Civil Evidence,] the
307-12 privilege of confidentiality may be claimed in any criminal, civil,
307-13 or administrative proceeding and may be claimed by the patient or
307-14 the emergency medical services personnel or physician acting on the
307-15 patient's behalf.
307-16 Article 11. Changes Relating to Insurance Code
307-17 SECTION 11.001. Chapter 30, Insurance Code, is amended to
307-18 reflect the proposed enactment of Titles 6, 7, and 8, Insurance
307-19 Code, and to conform to the usage of certain terminology in those
307-20 titles to read as follows:
307-21 CHAPTER 30. GENERAL PROVISIONS
307-22 Sec. 30.001. PURPOSE OF TITLES 2, 6, 7, AND 8 [TITLE]. (a)
307-23 This title and Titles 6, 7, and 8 are [is] enacted as a part of the
307-24 state's continuing statutory revision program, begun by the Texas
307-25 Legislative Council in 1963 as directed by the legislature in the
307-26 law codified as Section 323.007, Government Code. The program
307-27 contemplates a topic-by-topic revision of the state's general and
308-1 permanent statute law without substantive change.
308-2 (b) Consistent with the objectives of the statutory revision
308-3 program, the purpose of this title and Titles 6, 7, and 8 is to
308-4 make the law encompassed by the titles [this title] more accessible
308-5 and understandable by:
308-6 (1) rearranging the statutes into a more logical
308-7 order;
308-8 (2) employing a format and numbering system designed
308-9 to facilitate citation of the law and to accommodate future
308-10 expansion of the law;
308-11 (3) eliminating repealed, duplicative,
308-12 unconstitutional, expired, executed, and other ineffective
308-13 provisions; and
308-14 (4) restating the law in modern American English to
308-15 the greatest extent possible.
308-16 Sec. 30.002. CONSTRUCTION [OF TITLE]. Except as provided by
308-17 Section 30.003 and as otherwise expressly provided in this code,
308-18 Chapter 311, Government Code (Code Construction Act), applies to
308-19 the construction of each provision in this title and in Titles 6,
308-20 7, and 8 [except as otherwise expressly provided by this title].
308-21 Sec. 30.003. DEFINITION OF PERSON. The definition of
308-22 "person" assigned by Section 311.005, Government Code, does not
308-23 apply to any provision in this title or in Title 6, 7, or 8.
308-24 Sec. 30.004. REFERENCE IN LAW TO STATUTE REVISED BY TITLE 2,
308-25 6, 7, OR 8. A reference in a law to a statute or a part of a
308-26 statute revised by this title or by Title 6, 7, or 8 is considered
308-27 to be a reference to the part of this code [title] that revises
309-1 that statute or part of that statute.
309-2 SECTION 11.002. Sections 82.002(b) and (c), Insurance Code,
309-3 are amended to more accurately reflect the law from which they were
309-4 derived to read as follows:
309-5 (b) This chapter also applies to:
309-6 (1) an agent of an entity described by Subsection (a);
309-7 and
309-8 (2) an individual or a corporation, association,
309-9 partnership, or other artificial [a] person who:
309-10 (A) is engaged in the business of insurance;
309-11 (B) holds an authorization; or
309-12 (C) is regulated by the commissioner.
309-13 (c) The commissioner's authority under this chapter applies
309-14 to each form of authorization and each person or entity holding an
309-15 authorization.
309-16 SECTION 11.003. Section 83.001(3), Insurance Code, is amended
309-17 to more accurately reflect the law from which it was derived to
309-18 read as follows:
309-19 (3) "Unauthorized person" means an individual or a
309-20 corporation, association, partnership, or other artificial [a]
309-21 person who directly or indirectly does an act of insurance business
309-22 that is:
309-23 (A) described by Section 101.051 or 101.052; and
309-24 (B) not done in accordance with specific
309-25 authorization of law.
309-26 SECTION 11.004. Section 83.002(b), Insurance Code, is amended
309-27 to more accurately reflect the law from which it was derived to
310-1 read as follows:
310-2 (b) This chapter also applies to:
310-3 (1) an agent of an entity described by Subsection (a);
310-4 and
310-5 (2) an individual or a corporation, association,
310-6 partnership, or other artificial [a] person who:
310-7 (A) is engaged in the business of insurance;
310-8 (B) holds a permit, certificate, registration,
310-9 license, or other authority under this code; or
310-10 (C) is regulated by the commissioner.
310-11 SECTION 11.005. Section 101.001(c), Insurance Code, is
310-12 amended to more accurately reflect the law from which it was
310-13 derived to read as follows:
310-14 (c) The purpose of this chapter is to subject certain
310-15 insurers and [other] persons to the jurisdiction of:
310-16 (1) the commissioner and proceedings before the
310-17 commissioner; and
310-18 (2) the courts of this state in suits by or on behalf
310-19 of the state or an insured or beneficiary under an insurance
310-20 contract.
310-21 SECTION 11.006. Section 101.051(b), Insurance Code, is
310-22 amended to more accurately reflect the law from which it was
310-23 derived to read as follows:
310-24 (b) The following acts in this state constitute the business
310-25 of insurance in this state:
310-26 (1) making or proposing to make, as an insurer, an
310-27 insurance contract;
311-1 (2) making or proposing to make, as guarantor or
311-2 surety, a guaranty or suretyship contract as a vocation and not
311-3 merely incidental to another legitimate business or activity of the
311-4 guarantor or surety;
311-5 (3) taking or receiving an insurance application;
311-6 (4) receiving or collecting any consideration for
311-7 insurance, including:
311-8 (A) a premium;
311-9 (B) a commission;
311-10 (C) a membership fee;
311-11 (D) an assessment; or
311-12 (E) dues;
311-13 (5) issuing or delivering an insurance contract to:
311-14 (A) a resident of this state; or
311-15 (B) a person authorized to do business in this
311-16 state;
311-17 (6) directly or indirectly acting as an agent for or
311-18 otherwise representing or assisting an insurer or [other] person
311-19 in:
311-20 (A) soliciting, negotiating, procuring, or
311-21 effectuating insurance or a renewal of insurance;
311-22 (B) disseminating information relating to
311-23 coverage or rates;
311-24 (C) forwarding an insurance application;
311-25 (D) delivering an insurance policy or contract;
311-26 (E) inspecting a risk;
311-27 (F) setting a rate;
312-1 (G) investigating or adjusting a claim or loss;
312-2 (H) transacting a matter after the effectuation
312-3 of the contract that arises out of the contract; or
312-4 (I) representing or assisting an insurer or
312-5 [other] person in any other manner in the transaction of insurance
312-6 with respect to a subject of insurance that is resident, located,
312-7 or to be performed in this state;
312-8 (7) contracting to provide in this state
312-9 indemnification or expense reimbursement for a medical expense by
312-10 direct payment, reimbursement, or otherwise to a person domiciled
312-11 in this state or for a risk located in this state, whether as an
312-12 insurer, agent, administrator, trust, or funding mechanism or by
312-13 another method;
312-14 (8) doing any kind of insurance business specifically
312-15 recognized as constituting insurance business within the meaning of
312-16 statutes relating to insurance;
312-17 (9) doing or proposing to do any insurance business
312-18 that is in substance equivalent to conduct described by
312-19 Subdivisions (1)-(8) in a manner designed to evade statutes
312-20 relating to insurance; or
312-21 (10) any other transaction of business in this state
312-22 by an insurer.
312-23 SECTION 11.007. Section 101.052, Insurance Code, is amended
312-24 to more accurately reflect the law from which it was derived to
312-25 read as follows:
312-26 Sec. 101.052. ADVERTISING RELATING TO MEDICARE SUPPLEMENT
312-27 POLICIES. With respect to a Medicare supplement policy authorized
313-1 under Article 3.74, the business of insurance in this state
313-2 includes using, creating, publishing, mailing, or disseminating in
313-3 this state an advertisement relating to an act that constitutes the
313-4 business of insurance under Section 101.051 unless the
313-5 advertisement is used, created, published, mailed, or disseminated
313-6 on behalf of an insurer or [other] person who:
313-7 (1) is authorized under this code to engage in the
313-8 business of insurance in this state;
313-9 (2) has actual knowledge of the content of the
313-10 advertisement;
313-11 (3) has authorized the advertisement to be used,
313-12 created, published, mailed, or disseminated on that insurer's or
313-13 [other] person's behalf; and
313-14 (4) is clearly identified by name in the advertisement
313-15 as the sponsor of the advertisement.
313-16 SECTION 11.008. Section 101.053(b), Insurance Code, is
313-17 amended to more accurately reflect the law from which it was
313-18 derived to read as follows:
313-19 (b) Sections 101.051 and 101.052 do not apply to:
313-20 (1) the lawful transaction of surplus lines insurance
313-21 under Article 1.14-2;
313-22 (2) the lawful transaction of reinsurance by insurers;
313-23 (3) a transaction in this state that:
313-24 (A) involves a policy that:
313-25 (i) is lawfully solicited, written, and
313-26 delivered outside this state; and
313-27 (ii) covers, at the time the policy is
314-1 issued, only subjects of insurance that are not resident, located,
314-2 or expressly to be performed in this state; and
314-3 (B) takes place after the policy is issued;
314-4 (4) a transaction:
314-5 (A) that involves an insurance contract
314-6 independently procured through negotiations occurring entirely
314-7 outside this state;
314-8 (B) that is reported; and
314-9 (C) on which premium tax is paid in accordance
314-10 with this chapter;
314-11 (5) a transaction in this state that:
314-12 (A) involves group life, health, or accident
314-13 insurance, other than credit insurance, and group annuities in
314-14 which the master policy for the group was lawfully issued and
314-15 delivered in a state in which the insurer or [other] person was
314-16 authorized to do insurance business; and
314-17 (B) is authorized by a statute of this state;
314-18 (6) a management or accounting activity in this state
314-19 on behalf of a nonadmitted captive insurance company that insures
314-20 solely directors' and officers' liability insurance for:
314-21 (A) the directors and officers of the company's
314-22 parent and affiliated companies;
314-23 (B) the risks of the company's parent and
314-24 affiliated companies; or
314-25 (C) both the individuals and entities described
314-26 by Paragraphs (A) and (B);
314-27 (7) the issuance of a qualified charitable gift
315-1 annuity under Chapter 102; or
315-2 (8) a lawful transaction by a servicing company of the
315-3 Texas workers' compensation employers' rejected risk fund under
315-4 Section 4.08, Article 5.76-2, as that article existed before its
315-5 repeal.
315-6 SECTION 11.009. Section 101.151, Insurance Code, is amended
315-7 to more accurately reflect the law from which it was derived to
315-8 read as follows:
315-9 Sec. 101.151. POWERS OF COMMISSIONER; NOTICE OF HEARING. (a)
315-10 The commissioner may set a hearing on whether to issue a cease and
315-11 desist order under Section 101.153 if the commissioner has reason
315-12 to believe that:
315-13 (1) an insurer or [other] person has violated or is
315-14 threatening to violate this chapter or a rule adopted under this
315-15 chapter; or
315-16 (2) an insurer or [other] person acting in violation
315-17 of this chapter has engaged in or is threatening to engage in an
315-18 unfair act.
315-19 (b) The commissioner shall serve on the insurer or [other]
315-20 person a statement of charges and a notice of hearing in the form
315-21 provided by Section 2001.052, Government Code, and applicable rules
315-22 of the commissioner.
315-23 SECTION 11.010. Section 101.153, Insurance Code, is amended
315-24 to more accurately reflect the law from which it was derived to
315-25 read as follows:
315-26 Sec. 101.153. CEASE AND DESIST ORDER. After a hearing held
315-27 under this subchapter, the commissioner may issue against the
316-1 insurer or [other] person charged with a violation an order that
316-2 requires that the insurer or [other] person immediately cease and
316-3 desist from the violation.
316-4 SECTION 11.011. Section 101.154, Insurance Code, is amended
316-5 to more accurately reflect the law from which it was derived to
316-6 read as follows:
316-7 Sec. 101.154. ENFORCEMENT; REFERRAL TO ATTORNEY GENERAL.
316-8 The commissioner may refer the matter to the attorney general for
316-9 enforcement if the commissioner has reason to believe that an
316-10 insurer or [other] person has:
316-11 (1) violated a cease and desist order issued under
316-12 this subchapter; or
316-13 (2) failed to pay an assessed penalty.
316-14 SECTION 11.012. Section 101.201(b), Insurance Code, is
316-15 amended to more accurately reflect the law from which it was
316-16 derived to read as follows:
316-17 (b) This section does not apply to [:]
316-18 [(1)] insurance procured by a licensed surplus lines
316-19 agent from an eligible surplus lines insurer as defined by Article
316-20 1.14-2 and [:]
316-21 [(A) that is reported; and]
316-22 [(B) on which premium tax is paid in accordance
316-23 with Article 1.14-2; or]
316-24 [(2) an] independently procured contracts [contract]
316-25 of insurance, as described in Section 101.053(b)(4), [:]
316-26 [(A)] that are [is] reported[;] and
316-27 [(B)] on which premium tax is paid in accordance
317-1 with this chapter or Article 1.14-2.
317-2 SECTION 11.013. Section 101.202, Insurance Code, is amended
317-3 to more accurately reflect the law from which it was derived to
317-4 read as follows:
317-5 Sec. 101.202. ATTORNEY'S FEES. (a) In an action against an
317-6 unauthorized insurer or [other] unauthorized person on a contract
317-7 of insurance issued or delivered in this state to a resident of
317-8 this state or to a corporation authorized to do business in this
317-9 state, the court may award to the plaintiff a reasonable attorney's
317-10 fee if:
317-11 (1) the insurer or [other] person failed, for at least
317-12 30 days after a demand made before the commencement of the action,
317-13 to make payment under the contract's terms; and
317-14 (2) the failure to make the payment was vexatious and
317-15 without reasonable cause.
317-16 (b) An insurer's or [other] person's failure to defend an
317-17 action described by Subsection (a) is prima facie evidence that the
317-18 failure to make payment was vexatious and without reasonable cause.
317-19 SECTION 11.014. (a) Section 101.252, Insurance Code, is
317-20 amended to conform to Section 2.04, Chapter 1467, Acts of the 76th
317-21 Legislature, Regular Session, 1999, and Section 1, Chapter 852,
317-22 Acts of the 76th Legislature, Regular Session, 1999, to read as
317-23 follows:
317-24 Sec. 101.252. INDEPENDENTLY PROCURED INSURANCE TAX. (a) In
317-25 this section, "premium" includes any consideration for insurance,
317-26 including:
317-27 (1) a premium;
318-1 (2) a membership fee; or
318-2 (3) dues.
318-3 (b) Except as provided by Subsection (g) [(f)], an insured
318-4 who procures insurance in accordance with Section 101.053(b)(4), or
318-5 another person designated by the insured, shall:
318-6 (1) file a report with the comptroller; and
318-7 (2) pay an independently procured insurance tax of
318-8 4.85 percent.
318-9 (c) [(b)] If a policy covers risks or exposures only
318-10 partially located in this state, the tax payable is computed on the
318-11 portion of the premium that is properly allocated to a risk or
318-12 exposure located in this state.
318-13 (d) [(c)] An insured who fails to withhold from the premium
318-14 the amount of tax imposed under this section is liable for the
318-15 amount of the tax and shall pay the tax to the comptroller within
318-16 the time described by Subsection (e) [(d)].
318-17 (e) [(d)] Except as provided by Section 101.253, the report
318-18 and tax are due on or before:
318-19 (1) May 15 [March 1] following the calendar year in
318-20 which the insurance was procured, continued, or renewed; or
318-21 (2) another date specified by the comptroller.
318-22 (f) [(e)] This section does not abrogate or modify any other
318-23 provision of this chapter.
318-24 (g) [(f)] This section does not apply to premiums for
318-25 individual life or individual disability insurance.
318-26 (b) Section 2.04, Chapter 1467, Acts of the 76th
318-27 Legislature, Regular Session, 1999, and Section 1, Chapter 852,
319-1 Acts of the 76th Legislature, Regular Session, 1999, are repealed.
319-2 SECTION 11.015. (a) Chapter 102, Insurance Code, is amended
319-3 to conform to Sections 1 and 2, Chapter 551, Acts of the 76th
319-4 Legislature, Regular Session, 1999, by adding Subchapter D to read
319-5 as follows:
319-6 SUBCHAPTER D. EFFECT OF CHARITABLE GIFT ANNUITY IN LITIGATION
319-7 AND CERTAIN OTHER PROCEEDINGS
319-8 Sec. 102.151. IMMUNITY. Any person or entity involved in
319-9 the issuance of a qualified charitable gift annuity shall have
319-10 immunity from suit, including both a defense to liability and the
319-11 right not to bear the cost, burden, and risk of discovery and
319-12 trial, as to any claim brought by or on behalf of the donor or the
319-13 donor's heirs or distributees alleging that the issuance of a
319-14 charitable gift annuity constitutes engaging in the business of
319-15 insurance in this state. An interlocutory appeal may be taken if a
319-16 court denies or otherwise fails to grant a motion for summary
319-17 judgment that is based on an assertion of the immunity provided in
319-18 this section.
319-19 Sec. 102.152. TREATMENT OF ANNUITY AS CHARITABLE GIFT
319-20 ANNUITY; ESTOPPEL. In any litigation or other proceeding brought
319-21 by or on behalf of a donor or the donor's heirs or distributees, an
319-22 annuity that the donor has treated as a charitable gift annuity in
319-23 a filing with the United States Internal Revenue Service shall be
319-24 considered to be a charitable gift annuity issued by a charitable
319-25 organization, as described by Subchapters A and B and Section
319-26 101.053(b).
319-27 (b) Sections 1 and 2, Chapter 551, Acts of the 76th
320-1 Legislature, Regular Session, 1999, are repealed.
320-2 ARTICLE 12. CHANGES RELATING TO LOCAL
320-3 GOVERNMENT CODE
320-4 PART 1. ORGANIZATIONAL CHANGES
320-5 SECTION 12.001. The following changes are made to Subtitle B,
320-6 Title 5, Local Government Code, for organizational purposes:
320-7 (1) Chapter 170, Local Government Code, is added to
320-8 Subtitle B with a chapter heading to read "CHAPTER 170.
320-9 MISCELLANEOUS PROVISIONS AFFECTING COUNTY OFFICERS AND EMPLOYEES";
320-10 and
320-11 (2) Section 240.906, Local Government Code, as added
320-12 by Chapter 644, Acts of the 76th Legislature, Regular Session,
320-13 1999, is redesignated as Section 170.001, Local Government Code.
320-14 SECTION 12.002. The following changes are made to Subtitle
320-15 A, Title 7, Local Government Code, for organizational purposes:
320-16 (1) Subchapter A, Chapter 230, Local Government Code,
320-17 is redesignated as Subchapter E, Chapter 212, Local Government
320-18 Code, and:
320-19 (A) the sections in the redesignated subchapter,
320-20 Sections 230.001-230.006, are redesignated as Sections
320-21 212.131-212.136; and
320-22 (B) the reference in the redesignated Section
320-23 212.134 to "Section 230.003" is changed to "Section 212.133";
320-24 (2) Chapter 219, Local Government Code, is
320-25 redesignated as Chapter 213, Local Government Code, and the
320-26 sections in the redesignated chapter, Sections 219.001-219.005, are
320-27 redesignated as Sections 213.001-213.005;
321-1 (3) the heading of Chapter 214, Local Government Code,
321-2 is changed to "CHAPTER 214. MUNICIPAL REGULATION OF HOUSING AND
321-3 OTHER STRUCTURES";
321-4 (4) existing Chapter 213, Local Government Code, is
321-5 redesignated as Subchapter D, Chapter 214, Local Government Code,
321-6 and:
321-7 (A) the heading of the redesignated subchapter
321-8 is changed to "SUBCHAPTER D. BUILDING LINES";
321-9 (B) the sections in the redesignated subchapter,
321-10 Sections 213.001-213.006, are redesignated as Sections
321-11 214.131-214.136;
321-12 (C) the references in the redesignated Sections
321-13 214.131 and 214.133 to "chapter" are changed to "subchapter"; and
321-14 (D) the reference in the redesignated Section
321-15 214.136(a) to "Section 213.004(b)(2)" is changed to "Section
321-16 214.134(b)(2)";
321-17 (5) Subchapter B, Chapter 230, Local Government Code,
321-18 is redesignated as Subchapter E, Chapter 214, Local Government
321-19 Code, and the sections in the redesignated subchapter, Sections
321-20 230.011-230.018, are redesignated as Sections 214.161-214.168;
321-21 (6) Chapter 218, Local Government Code, is
321-22 redesignated as Subchapter F, Chapter 214, Local Government Code,
321-23 and:
321-24 (A) the heading of the redesignated subchapter
321-25 is changed to "SUBCHAPTER F. BURGLAR ALARM SYSTEMS";
321-26 (B) the sections in the redesignated subchapter,
321-27 Sections 218.001-218.007, are redesignated as Sections
322-1 214.191-214.197; and
322-2 (C) the reference in the redesignated Section
322-3 214.191 to "chapter" is changed to "subchapter";
322-4 (7) Section 215.005, Local Government Code, is
322-5 redesignated as Section 214.903, Local Government Code;
322-6 (8) the heading of Chapter 215, Local Government Code,
322-7 is changed to "CHAPTER 215. MUNICIPAL REGULATION OF BUSINESSES AND
322-8 OCCUPATIONS";
322-9 (9) Chapter 230, Local Government Code, is
322-10 redesignated as Chapter 229, Local Government Code; and
322-11 (10) Section 215.001, Local Government Code, is
322-12 redesignated as Section 229.001, Local Government Code, and the
322-13 reference in Section 342.003(b), Local Government Code, to "Section
322-14 215.001" is changed to "Section 229.001".
322-15 SECTION 12.003. The following changes are made to Subtitle B,
322-16 Title 7, Local Government Code, for organizational purposes:
322-17 (1) the heading of Chapter 233, Local Government Code,
322-18 is changed to "CHAPTER 233. COUNTY REGULATION OF HOUSING AND OTHER
322-19 STRUCTURES";
322-20 (2) Chapter 239, Local Government Code, is
322-21 redesignated as Subchapter A, Chapter 233, Local Government Code,
322-22 and:
322-23 (A) the heading of the redesignated subchapter
322-24 is changed to "SUBCHAPTER A. DANGEROUS STRUCTURES"; and
322-25 (B) the section in the redesignated subchapter,
322-26 Section 239.001, is redesignated as Section 233.001;
322-27 (3) Sections 233.001-233.007, Local Government Code,
323-1 are designated as Subchapter B, Chapter 233, Local Government Code,
323-2 and are redesignated as Sections 233.031-233.037 and:
323-3 (A) a heading for the subchapter is added to
323-4 read "SUBCHAPTER B. BUILDING AND SETBACK LINES";
323-5 (B) the references in the redesignated Sections
323-6 233.031(a), 233.032(b), 233.034(a) and (b), 233.035(d), and 233.036
323-7 to "chapter" are changed to "subchapter"; and
323-8 (C) the reference in the redesignated Section
323-9 233.035(e) to "Subsection (c) of Section 233.004" is changed to
323-10 "Section 233.034(c)";
323-11 (4) Chapter 235, Local Government Code, is
323-12 redesignated as Subchapter C, Chapter 233, Local Government Code,
323-13 and:
323-14 (A) the heading of the redesignated subchapter
323-15 is changed to "SUBCHAPTER C. FIRE CODE IN UNINCORPORATED AREA";
323-16 (B) the sections in the redesignated subchapter,
323-17 Sections 235.001-235.007, are redesignated as Sections
323-18 233.061-233.067;
323-19 (C) the references in redesignated Sections
323-20 233.063(a) and (d), 233.064(a), (d), and (e), and 233.065 to
323-21 "chapter" are changed to "subchapter";
323-22 (D) the reference in the redesignated Section
323-23 233.063(a) to "Section 235.002(a)" is changed to "Section
323-24 233.062(a)"; and
323-25 (E) the reference in the redesignated Section
323-26 233.067(b) to "Section 235.005(c)" is changed to "Section
323-27 233.065(c)";
324-1 (5) Chapter 237, Local Government Code, is
324-2 redesignated as Subchapter D, Chapter 233, Local Government Code,
324-3 and:
324-4 (A) the heading of the redesignated subchapter
324-5 is changed to "SUBCHAPTER D. ALARM SYSTEMS";
324-6 (B) the sections in the redesignated subchapter,
324-7 Sections 237.001-237.007, are redesignated as Sections
324-8 233.091-233.097; and
324-9 (C) the references in redesignated Sections
324-10 233.091, 233.092(a), 233.093, 233.094, 233.095, and 233.096(a) to
324-11 "chapter" are changed to "subchapter";
324-12 (6) Chapter 238, Local Government Code, is
324-13 redesignated as Chapter 234, Local Government Code, and:
324-14 (A) the heading of the redesignated chapter is
324-15 changed to "CHAPTER 234. COUNTY REGULATION OF BUSINESSES AND
324-16 OCCUPATIONS";
324-17 (B) the sections in the redesignated chapter,
324-18 Sections 238.001-238.004, are designated as Subchapter A, Chapter
324-19 234, Local Government Code, and are redesignated as Sections
324-20 234.001-234.004;
324-21 (C) a heading for the subchapter is added to
324-22 read "SUBCHAPTER A. CERTAIN OUTDOOR BUSINESSES"; and
324-23 (D) the references in the redesignated Sections
324-24 234.001, 234.003, and 234.004(a) to "chapter" are changed to
324-25 "subchapter";
324-26 (7) Subchapter D, Chapter 240, Local Government Code,
324-27 is redesignated as Subchapter B, Chapter 234, Local Government
325-1 Code, and:
325-2 (A) the heading of the redesignated subchapter
325-3 is changed to "SUBCHAPTER B. SLAUGHTERERS";
325-4 (B) the sections in the redesignated subchapter,
325-5 Sections 240.061-240.067, are redesignated as Sections
325-6 234.031-234.037; and
325-7 (C) the reference in the redesignated Sections
325-8 234.032 and 234.035 to "chapter" are changed to "subchapter";
325-9 (8) Chapter 236, Local Government Code, is
325-10 redesignated as Chapter 235, Local Government Code, and:
325-11 (A) the heading of the redesignated chapter is
325-12 changed to "CHAPTER 235. COUNTY REGULATION OF MATTERS RELATING TO
325-13 EXPLOSIVES AND WEAPONS";
325-14 (B) the sections in the redesignated chapter,
325-15 Sections 236.001-236.006, are designated as Subchapter A, Chapter
325-16 235, Local Government Code, and are redesignated as Sections
325-17 235.001-235.006;
325-18 (C) a heading for the subchapter is added to
325-19 read "SUBCHAPTER A. EXPLOSIVES"; and
325-20 (D) the references in the redesignated Sections
325-21 235.001, 235.002, 235.003(a)-(c), 235.004, 235.005, and 235.006(a)
325-22 to "chapter" are changed to "subchapter";
325-23 (9) Subchapter B, Chapter 240, Local Government Code,
325-24 is redesignated as Subchapter B, Chapter 235, Local Government
325-25 Code, and:
325-26 (A) the heading of the redesignated subchapter
325-27 is changed to "SUBCHAPTER B. FIREARMS"; and
326-1 (B) the sections in the redesignated chapter,
326-2 Sections 240.021-240.025, are redesignated as Sections
326-3 235.021-235.025;
326-4 (10) Subchapter C, Chapter 240, Local Government Code,
326-5 is redesignated as Subchapter C, Chapter 235, Local Government
326-6 Code, and:
326-7 (A) the heading of the redesignated subchapter
326-8 is changed to "SUBCHAPTER C. BOWS AND ARROWS"; and
326-9 (B) the sections in the redesignated chapter,
326-10 Sections 240.041-240.045, are redesignated as Sections
326-11 235.041-235.045; and
326-12 (11) existing Chapter 234, Local Government Code, is
326-13 redesignated as Subchapter B, Chapter 240, Local Government Code,
326-14 and:
326-15 (A) the heading of the redesignated subchapter
326-16 is changed to "SUBCHAPTER B. OUTDOOR LIGHTING NEAR OBSERVATORIES";
326-17 (B) the sections in the redesignated subchapter,
326-18 Sections 234.001-234.005, are redesignated as Sections
326-19 240.031-240.035; and
326-20 (C) the references in the redesignated Sections
326-21 240.031, 240.032(d), 240.034, and 240.035(a) and (b) to "chapter"
326-22 are changed to "subchapter".
326-23 SECTION 12.004. The following changes are made to Chapter
326-24 352, Local Government Code, for organizational purposes:
326-25 (1) Subchapter C is added to Chapter 352 with a
326-26 subchapter heading to read "SUBCHAPTER C. FIREWORKS", and Section
326-27 240.904, Local Government Code, is made a part of Subchapter C and
327-1 is redesignated as Section 352.051, Local Government Code; and
327-2 (2) Subchapter D is added to Chapter 352 with a
327-3 subchapter heading to read "SUBCHAPTER D. OUTDOOR BURNING", and
327-4 Section 240.906, Local Government Code, as added by Chapter 1435,
327-5 Acts of the 76th Legislature, Regular Session, 1999, is made a part
327-6 of Subchapter D and is redesignated as Section 352.081, Local
327-7 Government Code.
327-8 PART 2. OTHER CHANGES RELATING
327-9 TO LOCAL GOVERNMENT CODE
327-10 SECTION 12.101. Sections 43.032, 43.0566, 43.133, 43.134,
327-11 43.135, and 43.904, Local Government Code, are repealed as
327-12 obsolete.
327-13 SECTION 12.102. Section 43.079, Local Government Code, is
327-14 amended to clarify a reference to read as follows:
327-15 Sec. 43.079. CONSENT REQUIREMENT FOR ANNEXATION OF AREA IN
327-16 CERTAIN CONSERVATION AND RECLAMATION DISTRICTS. (a) This section
327-17 applies only to a conservation and reclamation district, including
327-18 a municipal utility district, that:
327-19 (1) is located wholly in more than one municipality,
327-20 but on April 1, 1971, was not wholly in more than one municipality;
327-21 (2) was created or exists under Section 59, Article
327-22 XVI, Texas Constitution;
327-23 (3) provides or has provided a fresh water supply,
327-24 sanitary sewer services, and drainage services; and
327-25 (4) was not, on April 1, 1971, a party to a contract
327-26 providing for a federal grant for research and development under 33
327-27 U.S.C. Sections 1155(a)(2) and (d).
328-1 (b) A municipality that has annexed area in the district
328-2 [described by Section 43.077(a)] is not required to obtain the
328-3 consent of any municipality to annex additional area located wholly
328-4 in the district other than the consent of the other municipalities
328-5 that have annexed area in the district and have extraterritorial
328-6 jurisdiction over the area proposed to be annexed.
328-7 SECTION 12.103. Section 113.007, Local Government Code, is
328-8 repealed to conform to Section 5, Chapter 402, Acts of the 74th
328-9 Legislature, Regular Session, 1995.
328-10 SECTION 12.1031. Section 141.009(a), Local Government Code,
328-11 is amended to correct a reference to read as follows:
328-12 (a) In this chapter, "member of the fire department" means
328-13 an employee of the fire department who is defined as "fire
328-14 protection personnel" by Section 419.021 [416.001], Government
328-15 Code[, as amended by S.B. 223, Acts of the 71st Legislature,
328-16 Regular Session, 1989].
328-17 SECTION 12.1032. Section 142.010(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 12.104. Section 214.0011(f), Local Government Code,
328-25 is amended to correct a reference to read as follows:
328-26 (f) A municipality has the same authority to assess expenses
328-27 under this section as it has to assess expenses under Section
329-1 214.001(n) [214.001(f)]. A lien is created under this section in
329-2 the same manner that a lien is created under Section 214.001(n)
329-3 [214.001(f)] and is subject to the same conditions as a lien
329-4 created under that section.
329-5 SECTION 12.105. Section 214.0015(b), Local Government Code,
329-6 is amended to correct a reference to read as follows:
329-7 (b) In addition to the authority granted to the municipality
329-8 by Section 214.001, after the expiration of the time allotted under
329-9 Section 214.001(d) [214.001(c)] or (e) [(d)] for the repair,
329-10 removal, or demolition of a building, the municipality may:
329-11 (1) repair the building at the expense of the
329-12 municipality and assess the expenses on the land on which the
329-13 building stands or to which it is attached and may provide for that
329-14 assessment, the mode and manner of giving notice, and the means of
329-15 recovering the repair expenses; or
329-16 (2) assess a civil penalty against the property owner
329-17 for failure to repair, remove, or demolish the building and provide
329-18 for that assessment, the mode and manner of giving notice, and the
329-19 means of recovering the assessment.
329-20 SECTION 12.106. Sections 214.003(b) and (d), Local Government
329-21 Code, are amended to correct a reference to read as follows:
329-22 (b) Except as provided by Subsection (c), the court may
329-23 appoint as a receiver for the property a nonprofit organization
329-24 with a demonstrated record of rehabilitating residential properties
329-25 if the court finds that:
329-26 (1) the structures on the property are in violation of
329-27 the standards set forth in Section 214.001(b) and an ordinance
330-1 described by Subsection (a);
330-2 (2) notice of violation was given to the record owner
330-3 of the property; and
330-4 (3) a public hearing as required by Section 214.001(d)
330-5 [214.001(c)] has been conducted.
330-6 (d) For the purposes of this section, if the record owner
330-7 does not appear at the hearing required by Section 214.001(d)
330-8 [214.001(c)], the hearing shall be conducted as if the owner had
330-9 personally appeared.
330-10 SECTION 12.107. Section 214.101(c), Local Government Code, is
330-11 amended to correct a reference to read as follows:
330-12 (c) A municipality may require the owner of the property on
330-13 which the swimming pool or enclosure or fence is situated, after
330-14 notice and hearing as provided in Sections 214.001(d) [214.001(c)]
330-15 and (e) [(d)], to repair, replace, secure, or otherwise remedy an
330-16 enclosure or fence of a swimming pool that the municipality or an
330-17 appropriate municipal official, agent, or employee determines
330-18 violates the minimum standards adopted under this subchapter.
330-19 SECTION 12.108. Section 214.902, Local Government Code, is
330-20 amended to correct a reference to read as follows:
330-21 Sec. 214.902. RENT CONTROL. (a) The governing body of a
330-22 municipality may, by ordinance, establish rent control if:
330-23 (1) the governing body finds that a housing emergency
330-24 exists due to a disaster as defined by Section 418.004, Government
330-25 Code [4(1), Texas Disaster Act of 1975 (Article 6889-7, Vernon's
330-26 Texas Civil Statutes)]; and
330-27 (2) the governor approves the ordinance.
331-1 (b) The governing body shall continue or discontinue rent
331-2 control in the same manner that the governor continues or
331-3 discontinues a state of disaster under Section 418.014, Government
331-4 Code [5(d), Texas Disaster Act of 1975].
331-5 SECTION 12.109. (a) Section 272.001(j), Local Government
331-6 Code, as added by Section 1 of Chapter 296 and Section 1 of Chapter
331-7 451, Acts of the 76th Legislature, Regular Session, 1999, is
331-8 reenacted to read as follows:
331-9 (j) A political subdivision may donate, exchange, convey,
331-10 sell, or lease land, improvements, or any other interest in real
331-11 property to an institution of higher education, as that term is
331-12 defined by Section 61.003, Education Code, to promote a public
331-13 purpose related to higher education. The political subdivision
331-14 shall determine the terms and conditions of the transaction so as
331-15 to effectuate and maintain the public purpose. A political
331-16 subdivision may donate, exchange, convey, sell, or lease the real
331-17 property interest for less than its fair market value and without
331-18 complying with the notice and bidding requirements of Subsection
331-19 (a).
331-20 (b) Section 272.001(j), Local Government Code, as added by
331-21 Section 43, Chapter 405, Acts of the 76th Legislature, Regular
331-22 Session, 1999, is redesignated as Section 272.001(k).
331-23 SECTION 12.110. Section 383.027, Local Government Code, is
331-24 amended and reenacted to conform to Section 1, Chapter 1199, Acts
331-25 of the 75th Legislature, Regular Session, 1997, to read as follows:
331-26 Sec. 383.027. GRANTING OR REFUSING PETITION. (a) After the
331-27 hearing, if the commissioners court finds that the petition
332-1 conforms to the requirements of Section 383.022 and that the
332-2 creation of the district and the proposed project is feasible and
332-3 necessary and would serve the public purpose of attracting visitors
332-4 or [and] tourists to the county, the commissioners court may
332-5 [shall] make that finding and enter an order creating the district.
332-6 (b) The order creating the district may specify the cost to
332-7 the county of publishing notice and conducting hearings for the
332-8 creation of the district together with the cost of conducting the
332-9 confirmation and sales and use tax election. The county may
332-10 require the petitioner to pay to the county the amounts specified
332-11 in the order creating the district at the time the order becomes
332-12 final.
332-13 (c) [(b)] If the commissioners court finds that the petition
332-14 does not conform to the requirements of Section 383.022 or that the
332-15 creation of the district and the proposed project is not feasible
332-16 and necessary and would not serve the purpose of attracting
332-17 visitors and tourists to the county, the commissioners court shall
332-18 make that finding in an order and deny the petition.
332-19 SECTION 12.111. The following are repealed as executed law:
332-20 (1) Chapter 129, Acts of the 71st Legislature, Regular
332-21 Session, 1989 (Article 974c-8, Vernon's Texas Civil Statutes);
332-22 (2) Chapter 136, Acts of the 70th Legislature, Regular
332-23 Session, 1987 (Article 974d-36, Vernon's Texas Civil Statutes);
332-24 (3) Article 974d-37, Revised Statutes;
332-25 (4) Chapter 128, Acts of the 71st Legislature, Regular
332-26 Session, 1989 (Article 974d-38, Vernon's Texas Civil Statutes);
332-27 (5) Article 974d-39, Revised Statutes;
333-1 (6) Article 974d-40, Revised Statutes;
333-2 (7) Article 974d-42, Revised Statutes;
333-3 (8) Article 974d-43, Revised Statutes;
333-4 (9) Article 974d-44, Revised Statutes;
333-5 (10) Chapter 676, Acts of the 70th Legislature,
333-6 Regular Session, 1987 (Article 1174f, Vernon's Texas Civil
333-7 Statutes); and
333-8 (11) Chapter 680, Acts of the 71st Legislature,
333-9 Regular Session, 1989 (Article 1174g, Vernon's Texas Civil
333-10 Statutes).
333-11 ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE
333-12 SECTION 13.001. (a) The Natural Resources Code is amended to
333-13 codify Chapter 793, Acts of the 73rd Legislature, Regular Session,
333-14 1993 (Article 4413(47f), Vernon's Texas Civil Statutes), by adding
333-15 Title 13 to read as follows:
333-16 TITLE 13. ENERGY RESEARCH
333-17 CHAPTER 251. TEXAS ENERGY COORDINATION COUNCIL
333-18 SUBCHAPTER A. GENERAL PROVISIONS
333-19 Sec. 251.001. DEFINITIONS. In this chapter:
333-20 (1) "Coordinating board" means the Texas Higher
333-21 Education Coordinating Board.
333-22 (2) "Council" means the Texas Energy Coordination
333-23 Council.
333-24 (3) "Postsecondary educational institution" means an
333-25 institution of higher education as defined by Section 61.003,
333-26 Education Code, or a private or independent college or university
333-27 that is accredited by a recognized accrediting agency, as defined
334-1 by that section.
334-2 (4) "State agency" means a department, commission,
334-3 board, office, council, or other agency in the executive or
334-4 judicial branch of state government that is created by the
334-5 constitution, a statute of this state, or an executive order
334-6 dealing with or involved in energy-related research and
334-7 development, including:
334-8 (A) the Railroad Commission of Texas;
334-9 (B) the Public Utility Commission of Texas;
334-10 (C) the General Land Office;
334-11 (D) the state energy conservation office of the
334-12 General Services Commission;
334-13 (E) the coordinating board;
334-14 (F) the Texas Science and Technology Council;
334-15 and
334-16 (G) each river authority of this state.
334-17 Sec. 251.002. EFFECT ON STATE AGENCY'S ABILITY TO OBTAIN
334-18 FEDERAL MONEY. This chapter does not hinder a state agency's
334-19 ability to obtain federal money.
334-20 (Sections 251.003-251.050 reserved for expansion
334-21 SUBCHAPTER B. ADMINISTRATIVE PROVISIONS
334-22 Sec. 251.051. COMPOSITION. (a) The Texas Energy
334-23 Coordination Council is a state agency.
334-24 (b) The following members serve on the council by virtue of
334-25 their positions:
334-26 (1) a representative from Texas Tech University to be
334-27 designated by the president of the university;
335-1 (2) the director of the Energy System Laboratory of
335-2 Texas A&M University;
335-3 (3) the director of the Center for Energy Studies at
335-4 The University of Texas at Austin;
335-5 (4) the director of the Energy Laboratory of the
335-6 University of Houston; and
335-7 (5) the director of the Alternative Energy Institute
335-8 of West Texas A&M University.
335-9 (c) The governor shall appoint the following members to
335-10 serve on the council:
335-11 (1) a representative of the natural gas industry;
335-12 (2) a representative of the oil industry;
335-13 (3) a representative of the alternative fuels
335-14 industry;
335-15 (4) a representative of the Texas Sustainable Energy
335-16 Development Council or renewable energy industry;
335-17 (5) a representative of the electric utility industry;
335-18 (6) a representative of industrial energy consumers;
335-19 and
335-20 (7) a representative of an energy consumer
335-21 organization or environmental organization.
335-22 (d) A postsecondary educational institution that eliminates
335-23 an entity whose director serves on the council shall name a
335-24 representative to serve on the council who holds a position at the
335-25 institution that:
335-26 (1) is related to the mission of the council; and
335-27 (2) is of a level similar to the level of the position
336-1 of director of the eliminated entity.
336-2 Sec. 251.052. TERMS; VACANCY. (a) Appointed members serve
336-3 for staggered terms of two years, with the terms of three members
336-4 expiring December 31 of each year.
336-5 (b) If an appointed member of the council vacates the
336-6 member's position on the council, the governor shall appoint a
336-7 person with similar qualifications to fill the unexpired portion of
336-8 the term.
336-9 Sec. 251.053. OFFICERS. (a) The members of the council
336-10 shall annually elect a presiding officer of the council.
336-11 (b) The council may elect other officers it considers
336-12 necessary.
336-13 Sec. 251.054. MEETINGS. The council shall meet at least
336-14 once each calendar quarter and at other times at the call of the
336-15 presiding officer.
336-16 Sec. 251.055. COMPENSATION; EXPENSES. (a) A member of the
336-17 council may not receive compensation for service performed for the
336-18 council.
336-19 (b) A member is entitled to reimbursement for actual and
336-20 necessary expenses incurred in performing services as a member of
336-21 the council, subject to any applicable limitation provided by the
336-22 General Appropriations Act.
336-23 Sec. 251.056. STAFF. The council may:
336-24 (1) employ staff; or
336-25 (2) with the entity's consent, use the staff of:
336-26 (A) the coordinating board;
336-27 (B) a participating postsecondary educational
337-1 institution; or
337-2 (C) a nonprofit research organization or
337-3 association.
337-4 Sec. 251.057. CONFLICTS OF INTEREST. The council may not
337-5 employ:
337-6 (1) a person required to register under Chapter 305,
337-7 Government Code; or
337-8 (2) a member of the legislature.
337-9 Sec. 251.058. APPLICATION OF SUNSET ACT. The Texas Energy
337-10 Coordination Council is subject to Chapter 325, Government Code
337-11 (Texas Sunset Act). Unless continued in existence as provided by
337-12 that chapter, the council is abolished September 1, 2001.
337-13 (Sections 251.059-251.100 reserved for expansion
337-14 SUBCHAPTER C. POWERS AND DUTIES
337-15 Sec. 251.101. POWERS. (a) The council may:
337-16 (1) encourage research collaborations and coordinate
337-17 information sharing among state agencies, postsecondary educational
337-18 institutions, and nonprofit research organizations or associations;
337-19 (2) encourage projects that propose innovative,
337-20 collaborative efforts:
337-21 (A) among state agencies, postsecondary
337-22 educational institutions, or nonprofit research organizations or
337-23 associations; or
337-24 (B) between a postsecondary educational
337-25 institution or nonprofit research organization or association and
337-26 private industry;
337-27 (3) conduct public relations activities concerning the
338-1 activities of the council;
338-2 (4) develop computer software to facilitate the
338-3 discharge of the council's duties;
338-4 (5) establish a clearinghouse of energy research
338-5 information that is accessible to all state agencies, postsecondary
338-6 educational institutions, and nonprofit research organizations or
338-7 associations;
338-8 (6) contract or cooperate with the federal government
338-9 or private research entities;
338-10 (7) promote and conduct technical seminars on energy
338-11 research;
338-12 (8) provide information to the public on energy
338-13 research;
338-14 (9) meet and coordinate with each institution of
338-15 higher education's federal funds coordinator designated under
338-16 Section 772.009(f), Government Code;
338-17 (10) to implement this chapter, enter into memoranda
338-18 of understanding with state agencies, postsecondary educational
338-19 institutions, and nonprofit research organizations or associations;
338-20 (11) adopt rules for the administration of this
338-21 chapter;
338-22 (12) engage in other activities consistent with this
338-23 chapter;
338-24 (13) request that any state agency submit any
338-25 energy-related research programs for prior approval; and
338-26 (14) review energy-related grant applications.
338-27 (b) The council may obtain from other state agencies
339-1 appropriate information needed to implement Subsection (a)(5).
339-2 Sec. 251.102. DUTIES. The council shall:
339-3 (1) establish an institute for building energy
339-4 efficiency throughout this state;
339-5 (2) promote the efficient use of renewable resources;
339-6 (3) advise and assist the legislature in developing
339-7 plans, programs, cost-benefit analyses, financial models, and
339-8 proposed legislation in regard to energy policy and the improved
339-9 use of energy resources in this state;
339-10 (4) determine the long-range needs, assess potential
339-11 problems, assess the interrelation between energy and the
339-12 environment, and recommend policy priorities for the energy sector
339-13 in this state;
339-14 (5) biennially submit to the governor, the Senate
339-15 Natural Resources Committee, and the House Energy Resources
339-16 Committee a report detailing the actions necessary to promote an
339-17 effective and efficient energy sector;
339-18 (6) promote and establish the formation of consortia
339-19 to study energy uses;
339-20 (7) actively seek monetary support for the purposes of
339-21 this chapter;
339-22 (8) coordinate and promote the transfer of energy
339-23 technologies and energy research findings to the marketplace;
339-24 (9) encourage and coordinate energy research among
339-25 state agencies, postsecondary educational institutions, industrial
339-26 entities, state research programs, nonprofit research entities, and
339-27 other public and private entities; and
340-1 (10) provide criteria and recommendations for the
340-2 awarding of grants for energy research projects approved by state
340-3 research programs.
340-4 Sec. 251.103. ACCEPTANCE OF GIFTS AND GRANTS. The council
340-5 may accept a gift or grant from any source to be used by the
340-6 council for the purposes of this chapter.
340-7 Sec. 251.104. USE OF CONTRIBUTED SERVICES OR FACILITIES.
340-8 The council may use a service or facility contributed to the
340-9 council by any source.
340-10 (Sections 251.105-251.150 reserved for expansion
340-11 SUBCHAPTER D. GRANTS FOR RESEARCH PROJECTS
340-12 Sec. 251.151. AUTHORITY TO MAKE GRANTS. From money
340-13 available to the council, the council may make grants to
340-14 postsecondary educational institutions or nonprofit research
340-15 organizations or associations to fund research consistent with the
340-16 mission of the council.
340-17 Sec. 251.152. APPLICATION. To receive a grant from the
340-18 council, a postsecondary educational institution or nonprofit
340-19 research organization or association must submit to the council:
340-20 (1) an application for the grant, on a form prescribed
340-21 by the council; and
340-22 (2) a proposal for the project for which the grant is
340-23 sought.
340-24 Sec. 251.153. APPROVAL OF APPLICATION. (a) The council
340-25 shall approve applications on an equitable basis.
340-26 (b) Not later than September 1 of each year, the comptroller
340-27 shall certify to the council the amount of appropriated money
341-1 available from which to make grants under this subchapter for that
341-2 fiscal year.
341-3 (c) The council may not approve an application if the amount
341-4 of money required to fund the proposal is greater than the total
341-5 amount of money available to the council to make grants under this
341-6 subchapter for the fiscal year during which the award is made.
341-7 Sec. 251.154. ISSUANCE OF WARRANT BY COMPTROLLER. (a) The
341-8 council shall certify to the comptroller the amount of money
341-9 approved for each project for which the council approves an
341-10 application.
341-11 (b) To the extent that money is available for the project,
341-12 the comptroller shall issue a warrant, drawn against the amount
341-13 appropriated to the council, to the applicant in the amount
341-14 certified for the project.
341-15 (c) The comptroller shall issue warrants for projects in the
341-16 order in which the comptroller receives certification of the amount
341-17 of money approved for each project.
341-18 (b) Chapter 793, Acts of the 73rd Legislature, Regular
341-19 Session, 1993 (Article 4413(47f), Vernon's Texas Civil Statutes),
341-20 is repealed.
341-21 ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE
341-22 PART 1. CHANGES RELATING TO TITLE 2, OCCUPATIONS CODE
341-23 SECTION 14.001. (a) Title 2, Occupations Code, is amended to
341-24 conform to Section 1, Chapter 314, Acts of the 76th Legislature,
341-25 Regular Session, 1999, by adding Chapter 56 to read as follows:
341-26 CHAPTER 56. INFORMATION RELATING TO LICENSING
341-27 Sec. 56.001. CONFIDENTIALITY OF SOCIAL SECURITY NUMBER. The
342-1 social security number of an applicant for or holder of a license,
342-2 certificate of registration, or other legal authorization issued by
342-3 a licensing agency to practice in a specific occupation or
342-4 profession that is provided to the licensing agency is confidential
342-5 and not subject to disclosure under Chapter 552, Government Code.
342-6 (b) Section 1, Chapter 314, Acts of the 76th Legislature,
342-7 Regular Session, 1999, is repealed.
342-8 PART 2. CHANGES RELATING TO SUBTITLE A, TITLE 3,
342-9 OCCUPATIONS CODE
342-10 SECTION 14.011. (a) Section 101.203, Occupations Code, is
342-11 amended to conform to Section 2, Chapter 1271, Acts of the 76th
342-12 Legislature, Regular Session, 1999, to read as follows:
342-13 Sec. 101.203. OVERCHARGING OR OVERTREATING. A health care
342-14 professional may not violate Section 311.0025, Health and Safety
342-15 Code [persistently or flagrantly overcharge or overtreat a
342-16 patient].
342-17 (b) Section 2, Chapter 1271, Acts of the 76th Legislature,
342-18 Regular Session, 1999, is repealed.
342-19 PART 3. CHANGES RELATING TO SUBTITLE B, TITLE 3,
342-20 OCCUPATIONS CODE
342-21 SECTION 14.021. (a) Section 151.002(a), Occupations Code,
342-22 is amended to conform to Section 1, Chapter 908, Acts of the 76th
342-23 Legislature, Regular Session, 1999, and Section 1, Chapter 693,
342-24 Acts of the 76th Legislature, Regular Session, 1999, by amending
342-25 Subdivisions (5) and (8) to read as follows:
342-26 (5) "Health care entity" means:
342-27 (A) a hospital licensed under Chapter 241 or
343-1 577, Health and Safety Code;
343-2 (B) an entity, including a health maintenance
343-3 organization, group medical practice, nursing home, health science
343-4 center, university medical school, hospital district, hospital
343-5 authority, or other health care facility, that:
343-6 (i) provides or pays for medical care or
343-7 health care services; and
343-8 (ii) follows a formal peer review process
343-9 to further quality medical care or health care;
343-10 (C) a professional society or association of
343-11 physicians, or a committee of such a society or association, that
343-12 follows a formal peer review process to further quality medical
343-13 care or health care; or
343-14 (D) an organization established by a
343-15 professional society or association of physicians, hospitals, or
343-16 both, that:
343-17 (i) collects and verifies the authenticity
343-18 of documents and other information concerning the qualifications,
343-19 competence, or performance of licensed health care professionals;
343-20 and
343-21 (ii) acts as a health care facility's
343-22 agent under the Health Care Quality Improvement Act of 1986 (42
343-23 U.S.C. Section 11101 et seq.).
343-24 (8) "Medical peer review committee" or "professional
343-25 review body" means a committee of a health care entity, the
343-26 governing board of a health care entity, or the medical staff of a
343-27 health care entity, that operates under written bylaws approved by
344-1 the policy-making body or the governing board of the health care
344-2 entity and is authorized to evaluate the quality of medical and
344-3 health care services or the competence of physicians, including
344-4 evaluation of the performance of those functions specified by
344-5 Section 85.204, Health and Safety Code. The term includes:
344-6 (A) an employee or agent of the committee,
344-7 including an assistant, investigator, intervenor, attorney, and any
344-8 other person or organization that serves the committee; and
344-9 (B) the governing body of a public hospital
344-10 owned or operated by a governmental entity, the governing body of a
344-11 hospital authority created under Chapter 262 or 264, Health and
344-12 Safety Code, and the governing body of a hospital district created
344-13 under Article IX, Texas Constitution, but only:
344-14 (i) in relation to the governing body's
344-15 evaluation of the competence of a physician or the quality of
344-16 medical and health care services provided by the public hospital,
344-17 hospital authority, or hospital district; and
344-18 (ii) to the extent that the evaluation
344-19 under Subparagraph (i) involves discussions or records that
344-20 specifically or necessarily identify an individual patient or
344-21 physician.
344-22 (b) Section 1, Chapter 908, Acts of the 76th Legislature,
344-23 Regular Session, 1999, and Section 1, Chapter 693, Acts of the 76th
344-24 Legislature, Regular Session, 1999, are repealed.
344-25 SECTION 14.022. (a) Section 151.056(b), Occupations Code,
344-26 is amended to conform to Section 1, Chapter 1044, Acts of the 76th
344-27 Legislature, Regular Session, 1999, to read as follows:
345-1 (b) This section does not apply to the act of:
345-2 (1) a medical specialist located in another
345-3 jurisdiction who provides only episodic consultation services on
345-4 request to a physician licensed in this state who practices in the
345-5 same medical specialty;
345-6 (2) a physician located in another jurisdiction who is
345-7 providing consultation services to a medical school as defined by
345-8 Section 61.501, Education Code; [or]
345-9 (3) a physician located in another jurisdiction who is
345-10 providing consultation services to an institution subject to:
345-11 (A) Subchapter C, Chapter 73, Education Code; or
345-12 (B) Subchapter K, Chapter 74, Education Code; or
345-13 (4) a physician located in another jurisdiction of a
345-14 state having borders contiguous with the borders of this state who
345-15 is the treating physician of a patient and orders home health or
345-16 hospice services for a resident of this state to be delivered by a
345-17 home and community support services agency licensed in this state.
345-18 (b) Section 1, Chapter 1044, Acts of the 76th Legislature,
345-19 Regular Session, 1999, is repealed.
345-20 SECTION 14.023. (a) Sections 153.008(b)-(d), Occupations
345-21 Code, are amended to conform to Section 1, Chapter 1262, Acts of
345-22 the 76th Legislature, Regular Session, 1999, to read as follows:
345-23 (b) [For each license applicant, the board shall also
345-24 maintain a record that shows:]
345-25 [(1) the name, age, and place and duration of
345-26 residence of the applicant;]
345-27 [(2) the time spent by the applicant in medical study,
346-1 including the respective medical schools; and]
346-2 [(3) the years and schools from which degrees were
346-3 granted to the applicant.]
346-4 [(c)] The board's records [record maintained under
346-5 Subsection (b)] must indicate whether an applicant was issued or
346-6 denied a license. The record constitutes prima facie evidence of
346-7 each matter contained in the record.
346-8 (c) [(d)] A certified copy of a record maintained under this
346-9 section, under the hand and seal of the executive director
346-10 [secretary-treasurer] of the board, is admissible in evidence in
346-11 all courts.
346-12 (b) Section 155.008, Occupations Code, is amended to conform
346-13 to Section 1, Chapter 1262, Acts of the 76th Legislature, Regular
346-14 Session, 1999, to read as follows:
346-15 Sec. 155.008. CRIMINAL RECORD CHECK. The board may [shall]
346-16 submit to the Department of Public Safety a complete set of
346-17 fingerprints of each license applicant, and the department shall
346-18 classify and check the fingerprints against those in the
346-19 department's fingerprint records. The department shall certify to
346-20 the board its findings regarding the criminal record of the
346-21 applicant or the applicant's lack of a criminal record.
346-22 (c) Subchapter C, Chapter 155, Occupations Code, is amended
346-23 to conform to Section 1, Chapter 1262, Acts of the 76th
346-24 Legislature, Regular Session, 1999, by adding Section 155.107 to
346-25 read as follows:
346-26 Sec. 155.107. CERTIFICATION OF EXAMINATION GRADES. On the
346-27 request of a license holder, the board shall issue certification of
347-1 state board examination grades to the Federation of State Medical
347-2 Boards of the United States. The board shall charge a reasonable
347-3 fee for the issuance.
347-4 (d) Section 153.006(c), Occupations Code, is repealed to
347-5 conform to Section 1, Chapter 1262, Acts of the 76th Legislature,
347-6 Regular Session, 1999.
347-7 (e) Section 1, Chapter 1262, Acts of the 76th Legislature,
347-8 Regular Session, 1999, is repealed.
347-9 SECTION 14.024. (a) The heading of Subchapter B, Chapter
347-10 153, Occupations Code, is amended to conform more closely to the
347-11 law contained in the subchapter to read as follows:
347-12 SUBCHAPTER B. FEES AND[;] FUNDS[; AUDIT]
347-13 (b) Section 153.051, Occupations Code, is amended to conform
347-14 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
347-15 Session, 1999, and Section 3, Chapter 1275, Acts of the 76th
347-16 Legislature, Regular Session, 1999, by adding Subsection (d) to
347-17 read as follows:
347-18 (d) The board may not set, charge, collect, receive, or
347-19 deposit any of the following fees in excess of:
347-20 (1) $900 for a license;
347-21 (2) $200 for a first annual registration permit;
347-22 (3) $200 for a temporary license;
347-23 (4) $200 for renewal of an annual registration permit;
347-24 (5) $200 for a physician-in-training permit;
347-25 (6) $300 for the processing of an application and the
347-26 issuance of an annual registration for anesthesia in an outpatient
347-27 setting;
348-1 (7) $200 for an endorsement to other state medical
348-2 boards;
348-3 (8) $200 for a duplicate license; or
348-4 (9) $700 for a reinstated license after cancellation
348-5 for cause.
348-6 (c) Section 153.052, Occupations Code, is amended to conform
348-7 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
348-8 Session, 1999, to read as follows:
348-9 Sec. 153.052. DEPOSIT AND EXPENDITURE OF RECEIPTS [MEDICAL
348-10 LICENSING FUND ACCOUNT]. (a) The [medical licensing fund account
348-11 is an account in the general revenue fund. Unless otherwise
348-12 provided by this subtitle, the] board shall deposit all receipts
348-13 collected [each fee, charge, and penalty received] by the board in
348-14 the state treasury [to the credit of the medical licensing fund
348-15 account].
348-16 (b) The money collected by the board may be spent only as
348-17 provided by the General Appropriations Act, this subtitle, or other
348-18 applicable law for the:
348-19 (1) enforcement of this subtitle;
348-20 (2) prohibition of the unlawful practice of medicine;
348-21 (3) dissemination of information to prevent the
348-22 violation of the laws; and
348-23 (4) prosecution of those who violate the laws.
348-24 (c) Distributions may be made only on the written approval
348-25 of the executive director of the board or the executive director's
348-26 designated representative.
348-27 (d) Section 153.054, Occupations Code, is amended to conform
349-1 to Section 3, Chapter 1262, Acts of the 76th Legislature, Regular
349-2 Session, 1999, to read as follows:
349-3 Sec. 153.054. CHARGES FOR CERTAIN RECORDS AND OTHER
349-4 MATERIAL. The board may set and collect a fee [in an amount
349-5 sufficient to reimburse the board for the actual expense incurred]
349-6 for:
349-7 (1) each copy made of a record in the office of
349-8 [maintained by] the board; or
349-9 (2) any [printed] material published by the board.
349-10 (e) Section 3, Chapter 1262, Acts of the 76th Legislature,
349-11 Regular Session, 1999, is repealed.
349-12 (f) Section 3, Chapter 1275, Acts of the 76th Legislature,
349-13 Regular Session, 1999, is repealed.
349-14 SECTION 14.025. (a) Section 153.053, Occupations Code, is
349-15 amended to conform to Section 4, Chapter 1262, Acts of the 76th
349-16 Legislature, Regular Session, 1999, to read as follows:
349-17 Sec. 153.053. SURCHARGE FOR [DISPOSITION OF] CERTAIN FEES.
349-18 (a) The board shall collect an additional $200 surcharge for each
349-19 of the following fees [This section applies to each fee assessed
349-20 for]:
349-21 (1) [processing an application for and administering a
349-22 partial or complete] license [examination];
349-23 (2) first [processing an application for and issuing
349-24 an] annual registration permit [receipt of a license holder];
349-25 (3) renewal of annual registration permit [processing
349-26 and granting a license by reciprocity to a license holder of
349-27 another state]; and
350-1 (4) [processing an application for] reinstatement of a
350-2 [and issuing a reinstated] license after [a lapse or] cancellation
350-3 for cause [of a license].
350-4 (b) Of each surcharge [fee] collected, the board shall
350-5 deposit $50 to the credit of the foundation school fund and $150 to
350-6 the credit of the general revenue fund.
350-7 (b) Section 4, Chapter 1262, Acts of the 76th Legislature,
350-8 Regular Session, 1999, is repealed.
350-9 SECTION 14.026. (a) Subchapter A, Chapter 154, Occupations
350-10 Code, is amended to conform to Section 2, Chapter 645, Acts of the
350-11 76th Legislature, Regular Session, 1999, by adding Section 154.006
350-12 to read as follows:
350-13 Sec. 154.006. PHYSICIAN PROFILES. (a) The board shall
350-14 create a profile of each physician licensed under this subtitle.
350-15 The profile must:
350-16 (1) include the information required by Subsection
350-17 (b); and
350-18 (2) be compiled in a format that permits the board to
350-19 make the information contained in the profile available to the
350-20 public.
350-21 (b) A profile must contain the following information on each
350-22 physician:
350-23 (1) the name of each medical school attended and the
350-24 dates of:
350-25 (A) graduation; or
350-26 (B) Fifth Pathway designation and completion of
350-27 the Fifth Pathway Program;
351-1 (2) a description of all graduate medical education in
351-2 the United States or Canada;
351-3 (3) any specialty certification held by the physician
351-4 and issued by a medical licensing board that is a member of the
351-5 American Board of Medical Specialties or the Bureau of Osteopathic
351-6 Specialists;
351-7 (4) the number of years the physician has actively
351-8 practiced medicine in:
351-9 (A) the United States or Canada; and
351-10 (B) this state;
351-11 (5) the name of each hospital in this state in which
351-12 the physician has privileges;
351-13 (6) the physician's primary practice location;
351-14 (7) the type of language translating services,
351-15 including translating services for a person with impairment of
351-16 hearing, that the physician provides at the physician's primary
351-17 practice location;
351-18 (8) whether the physician participates in the Medicaid
351-19 program;
351-20 (9) a description of any conviction for a felony, a
351-21 Class A or Class B misdemeanor, or a Class C misdemeanor involving
351-22 moral turpitude during the 10-year period preceding the date of the
351-23 profile;
351-24 (10) a description of any charges reported to the
351-25 board during the 10-year period preceding the date of the profile
351-26 to which the physician has pleaded no contest, for which the
351-27 physician is the subject of deferred adjudication or pretrial
352-1 diversion, or in which sufficient facts of guilt were found and the
352-2 matter was continued by a court;
352-3 (11) a description of any disciplinary action against
352-4 the physician by the board during the 10-year period preceding the
352-5 date of the profile;
352-6 (12) a description of any disciplinary action against
352-7 the physician by a medical licensing board of another state during
352-8 the 10-year period preceding the date of the profile;
352-9 (13) a description of the final resolution taken by
352-10 the board on medical malpractice claims or complaints required to
352-11 be opened by the board under Section 164.201;
352-12 (14) whether the physician's patient service areas are
352-13 accessible to disabled persons, as defined by federal law; and
352-14 (15) a description of any formal complaint against the
352-15 physician initiated and filed under Section 164.005 and the status
352-16 of the complaint.
352-17 (c) Information required to be included under Subsection (b)
352-18 that is not maintained by the board in the ordinary course of the
352-19 board's duties shall be obtained from a physician at the time the
352-20 physician renews the physician's license. In requesting
352-21 information from the physician, the board shall:
352-22 (1) inform the physician that compliance with the
352-23 request for information is mandatory;
352-24 (2) inform the physician of the date the information
352-25 will be made available to the public; and
352-26 (3) instruct the physician about the requirements
352-27 under Subsection (f) for the physician to obtain a copy of the
353-1 physician's profile to make corrections.
353-2 (d) This section does not:
353-3 (1) prevent the board from providing explanatory
353-4 information regarding the significance of categories in which
353-5 malpractice settlements are reported; or
353-6 (2) require the board to disclose confidential
353-7 settlement information.
353-8 (e) A pending malpractice claim or complaint, other than a
353-9 claim disclosed under Subsection (b)(13), may not be disclosed to
353-10 the public by the board. This subsection does not prevent the
353-11 board from investigating and disciplining a physician on the basis
353-12 of a pending medical malpractice claim or complaint.
353-13 (f) The board shall provide a physician with a copy of the
353-14 physician's profile if the physician requests a copy at the time
353-15 the physician renews the physician's license. If a copy is
353-16 requested by a physician, the board shall provide the physician one
353-17 month from the date the copy is provided to the physician to
353-18 correct factual errors in the physician's profile.
353-19 (g) The board shall update the information contained in a
353-20 physician's profile annually. The board shall adopt a form that
353-21 allows a physician to update information contained in a physician's
353-22 profile. The form shall be made available on the Internet and in
353-23 other formats as prescribed by board rule. The board may adopt
353-24 rules concerning the type and content of additional information
353-25 that may be included in a physician's profile.
353-26 (h) The board shall adopt rules as necessary to implement
353-27 this section.
354-1 (b) Section 2, Chapter 645, Acts of the 76th Legislature,
354-2 Regular Session, 1999, is repealed.
354-3 SECTION 14.027. (a) Section 155.002, Occupations Code, is
354-4 amended to conform to Section 2, Chapter 1262, Acts of the 76th
354-5 Legislature, Regular Session, 1999, and Section 1, Chapter 874,
354-6 Acts of the 76th Legislature, Regular Session, 1999, to read as
354-7 follows:
354-8 Sec. 155.002. ISSUANCE OF LICENSE. The board, at its sole
354-9 discretion, may issue a license to practice medicine to a person
354-10 who:
354-11 (1) submits to the board a license application as
354-12 required by this chapter;
354-13 (2) presents satisfactory proof that the person meets
354-14 the eligibility requirements established by this chapter; and
354-15 (3) satisfies the examination requirements of Section
354-16 155.051 [satisfactorily completes an examination or reexamination
354-17 conducted under this chapter].
354-18 (b) Section 155.003, Occupations Code, is amended to conform
354-19 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
354-20 Session, 1999, to read as follows:
354-21 Sec. 155.003. GENERAL ELIGIBILITY REQUIREMENTS. (a) To be
354-22 eligible for [to take the license examination and to be issued] a
354-23 license under this chapter, an applicant must present proof
354-24 satisfactory to the board that the applicant:
354-25 (1) is at least 21 years of age;
354-26 (2) is of good professional character and has not
354-27 violated Section 164.051, 164.052, or 164.053;
355-1 (3) has completed:
355-2 (A) at least 60 semester hours of college
355-3 courses, other than courses in medical school, that are [at the
355-4 time of completion were] acceptable to The University of Texas at
355-5 Austin for credit on a bachelor of arts degree or a bachelor of
355-6 science degree;
355-7 (B) the entire primary, secondary, and
355-8 premedical education required in the country of medical school
355-9 graduation, if the medical school is located outside the United
355-10 States or Canada; or
355-11 (C) substantially equivalent courses as
355-12 determined by board rule;
355-13 (4) is a graduate of a medical [or osteopathic] school
355-14 located in the United States or Canada and [or college] approved by
355-15 the board [at the time the degree was conferred]; [and]
355-16 (5) has either:
355-17 (A) successfully completed one year [a one-year
355-18 program] of graduate medical training approved by the board in the
355-19 United States or Canada; or
355-20 (B) graduated from a medical school located
355-21 outside the United States or Canada and has successfully completed
355-22 three years of graduate medical training approved by the board in
355-23 the United States or Canada;
355-24 (6) has passed within three attempts an examination
355-25 accepted or administered by the board, except as provided by
355-26 Section 155.056; and
355-27 (7) has passed a Texas medical jurisprudence
356-1 examination as determined by board rule.
356-2 (b) All [An applicant is eligible for examination before the
356-3 applicant meets the requirement established by Subsection (a)(5)
356-4 but is not eligible for an unrestricted license until all the
356-5 requirements of Subsection (a) are satisfied.]
356-6 [(c) To be recognized by the board for the purposes of this
356-7 chapter, all] medical or osteopathic medical education an applicant
356-8 receives in the United States must be accredited by an accrediting
356-9 body officially recognized by the United States Department of
356-10 Education as the accrediting body for medical education leading to
356-11 the doctor of medicine degree or the doctor of osteopathy degree.
356-12 This subsection does not apply to postgraduate medical education or
356-13 training.
356-14 (c) [(d)] An applicant who is unable to meet the requirement
356-15 established by Subsection (b) may be [(c) for recognition of the
356-16 applicant's medical or osteopathic medical education is] eligible
356-17 for an unrestricted license if the applicant:
356-18 (1) received medical [the] education in a hospital or
356-19 teaching institution sponsoring or participating in a program of
356-20 graduate medical education accredited by the Accreditation
356-21 [Accrediting] Council for Graduate Medical Education, the American
356-22 Osteopathic Association, or the board in the same subject as the
356-23 medical or osteopathic medical education as defined by board rule
356-24 [if the hospital or teaching institution has an agreement with the
356-25 applicant's school]; or
356-26 (2) is specialty board certified by a specialty board
356-27 approved by the American Osteopathic Association or the American
357-1 Board of Medical Specialties.
357-2 (d) In addition to the other requirements prescribed by this
357-3 subtitle, the board may require an applicant to comply with other
357-4 requirements that the board considers appropriate.
357-5 (e) An applicant is not eligible for a license if:
357-6 (1) the applicant holds a medical license that is
357-7 currently restricted for cause, canceled for cause, suspended for
357-8 cause, or revoked by a state, a province of Canada, or a uniformed
357-9 service of the United States;
357-10 (2) an investigation or a proceeding is instituted
357-11 against the applicant for the restriction, cancellation,
357-12 suspension, or revocation in a state, a province of Canada, or a
357-13 uniformed service of the United States; or
357-14 (3) a prosecution is pending against the applicant in
357-15 any state, federal, or Canadian court for any offense that under
357-16 the laws of this state is a felony or a misdemeanor that involves
357-17 moral turpitude.
357-18 (c) Subchapter A, Chapter 155, Occupations Code, is amended
357-19 to conform to Section 2, Chapter 1262, Acts of the 76th
357-20 Legislature, Regular Session, 1999, by adding Section 155.0031 to
357-21 read as follows:
357-22 Sec. 155.0031. APPLICATION PROCEDURES AND REQUIREMENTS. (a)
357-23 An application for a license must be in writing and on forms
357-24 prescribed by the board. The board may allow or require
357-25 applicants, by board rule, to use the Federation Credentials
357-26 Verification Service offered by the Federation of State Medical
357-27 Boards of the United States.
358-1 (b) The application forms must be accompanied by all fees,
358-2 documents, and photographs required by board rule.
358-3 (c) Applicants for a license must subscribe to an oath in
358-4 writing before an officer authorized by law to administer oaths.
358-5 The written oath is part of the application.
358-6 (d) An applicant must present proof satisfactory to the
358-7 board that each medical school attended is substantially equivalent
358-8 to a Texas medical school as determined by board rule.
358-9 (d) Section 155.004, Occupations Code, is amended to conform
358-10 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
358-11 Session, 1999, to read as follows:
358-12 Sec. 155.004. ADDITIONAL ELIGIBILITY REQUIREMENTS FOR
358-13 GRADUATES OF CERTAIN FOREIGN MEDICAL SCHOOLS. A [(a) This section
358-14 applies only to a] license applicant who is a graduate of a medical
358-15 school that[:]
358-16 [(1)] is located outside the United States and
358-17 Canada[; and]
358-18 [(2) was not board approved at the time the
358-19 applicant's degree was conferred.]
358-20 [(b) To be eligible for a license under this chapter, an
358-21 applicant subject to this section] must[, in addition to meeting
358-22 the requirements of Section 155.003,] present proof satisfactory to
358-23 the board that the applicant:
358-24 (1) is a graduate of a school whose curriculum meets
358-25 the requirements for an unapproved medical school as determined by
358-26 a committee of experts selected by the Texas Higher Education
358-27 Coordinating Board;
359-1 (2) has successfully completed at least three years of
359-2 graduate medical training in the United States or Canada that was
359-3 approved by the board [on the date the training was completed];
359-4 (3) is eligible for a license to practice medicine in
359-5 the country in which the school is located, except for any
359-6 citizenship requirements;
359-7 (4) holds a valid certificate issued by the
359-8 Educational Commission for Foreign Medical Graduates; and
359-9 (5) is able to communicate in English[; and]
359-10 [(6) has passed the license examination under
359-11 Subchapter B required by the board of each applicant].
359-12 [(c) The board by rule may establish an alternate
359-13 educational requirement than that established by Section
359-14 155.003(a)(3) for an applicant subject to this section.]
359-15 [(d) The board by rule may require, in addition to other
359-16 license requirements, that an applicant who is subject to this
359-17 section, or the school of which the applicant is a graduate,
359-18 provide additional information to the board concerning the school
359-19 before the board approves the applicant.]
359-20 [(e) The board may refuse to issue a license to an applicant
359-21 subject to this section if the board determines that the applicant:]
359-22 [(1) does not possess the qualifications necessary to
359-23 provide the same standard of medical care as provided by a
359-24 physician licensed in this state; or]
359-25 [(2) failed to provide evidence to establish to the
359-26 board's satisfaction that the applicant completed medical education
359-27 or professional training substantially equivalent to that provided
360-1 by a medical school in this state.]
360-2 (e) Section 155.005(a), Occupations Code, is amended to
360-3 conform to Section 2, Chapter 1262, Acts of the 76th Legislature,
360-4 Regular Session, 1999, to read as follows:
360-5 (a) To be eligible for a license under this chapter, an
360-6 applicant who has been a student of a foreign medical school must
360-7 present proof satisfactory to the board that the applicant:
360-8 (1) meets the requirements of Section 155.003 [or
360-9 Section 155.101];
360-10 (2) has studied medicine in a medical school located
360-11 outside the United States and Canada that is acceptable to the
360-12 board;
360-13 (3) has completed all of the didactic work of the
360-14 foreign medical school but has not graduated from the school;
360-15 (4) has attained a score satisfactory to a medical
360-16 school in the United States approved by the Liaison Committee on
360-17 Medical Education on a qualifying examination and has
360-18 satisfactorily completed one academic year of supervised clinical
360-19 training for foreign medical students, as defined by the American
360-20 Medical Association Council on Medical Education (Fifth Pathway
360-21 Program), under the direction of the medical school in the United
360-22 States;
360-23 (5) has attained a passing score on the Educational
360-24 Commission for Foreign Medical Graduates examination or another
360-25 examination, if required by the board;
360-26 (6) has successfully completed at least three years of
360-27 graduate medical training in the United States or Canada that was
361-1 approved by the board as of the date the training was completed;
361-2 and
361-3 (7) has passed the license examination under
361-4 Subchapter B required by the board of each applicant.
361-5 (f) Sections 155.007(a) and (g), Occupations Code, are
361-6 amended to conform to Section 2, Chapter 1262, Acts of the 76th
361-7 Legislature, Regular Session, 1999, to read as follows:
361-8 (a) The executive director shall review each application for
361-9 a license [by examination or reciprocity] and shall:
361-10 (1) recommend to the board each applicant eligible for
361-11 a license; and
361-12 (2) report to the board the name of each applicant
361-13 determined to be ineligible for a license, together with the
361-14 reasons for that determination.
361-15 (g) Each report received or gathered by the board on a
361-16 license applicant is confidential and is not subject to disclosure
361-17 under Chapter 552, Government Code. The board may disclose a
361-18 report to an appropriate licensing authority in another state. The
361-19 board shall report all licensing actions to appropriate licensing
361-20 authorities in other states and to the Federation of State Medical
361-21 Boards of the United States.
361-22 (g) Section 155.051, Occupations Code, is amended to conform
361-23 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
361-24 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
361-25 Legislature, Regular Session, 1999, to read as follows:
361-26 Sec. 155.051. EXAMINATION REQUIRED. (a) Except as provided
361-27 by Subsection (b), an [Each] applicant for a license to practice
362-1 medicine in this state [not otherwise eligible for a license under
362-2 this subtitle] must pass each part of an examination described by
362-3 Section 155.0511(2), (3), (4), (6), or (7) within seven years
362-4 [approved by board rule].
362-5 (b) An applicant who is a graduate of a program designed to
362-6 lead to both a doctor of philosophy degree and a doctor of medicine
362-7 degree or doctor of osteopathy degree must pass each part of an
362-8 examination described by Section 155.0511(2), (3), (4), (6), or (7)
362-9 not later than the second anniversary of the date the applicant was
362-10 awarded a doctor of medicine degree or doctor of osteopathy degree.
362-11 (h) Subchapter B, Chapter 155, Occupations Code, is amended
362-12 to conform to Section 2, Chapter 1262, Acts of the 76th
362-13 Legislature, Regular Session, 1999, and Section 1, Chapter 874,
362-14 Acts of the 76th Legislature, Regular Session, 1999, by adding
362-15 Section 155.0511 to read as follows:
362-16 Sec. 155.0511. EXAMINATIONS ADMINISTERED OR ACCEPTED BY
362-17 BOARD. The board may administer or accept the following
362-18 examinations for licensing as determined by rule:
362-19 (1) a state board licensing examination;
362-20 (2) the Medical Council of Canada Examination (LMCC)
362-21 or its successor;
362-22 (3) the National Board of Osteopathic Medical
362-23 Examiners (NBOME) examination or its successor;
362-24 (4) the National Board of Medical Examiners (NBME)
362-25 examination or its successor;
362-26 (5) the Federation Licensing Examination (FLEX) with a
362-27 weighted average in one sitting before June 1985;
363-1 (6) the Federation Licensing Examination (FLEX) after
363-2 May 1985;
363-3 (7) the United States Medical Licensing Examination
363-4 (USMLE) or its successor;
363-5 (8) a combination of the examinations described by
363-6 Subdivisions (3) and (6) as determined by board rule; or
363-7 (9) a combination of the examinations described by
363-8 Subdivisions (4), (6), and (7) as determined by board rule.
363-9 (i) Section 155.052, Occupations Code, is amended to conform
363-10 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
363-11 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
363-12 Legislature, Regular Session, 1999, to read as follows:
363-13 Sec. 155.052. GENERAL EXAMINATION PROCEDURES. (a) Each
363-14 examination administered to evaluate basic medical knowledge and
363-15 clinical competency [for a license to practice medicine] must be
363-16 prepared by a national testing service or [prepared by] the board
363-17 and validated by qualified independent testing professionals. The
363-18 examination must be [conducted] in writing and in English.
363-19 (b) A license examination must be entirely [uniform and
363-20 conducted in a] fair and impartial [manner] to all persons and to
363-21 each school or system of medicine. [Each license applicant who
363-22 takes an examination must be given questions identical to those
363-23 received by each other applicant examined at the same time.]
363-24 (c) An applicant who wishes to request reasonable
363-25 accommodations due to a disability must submit the request on
363-26 filing the application. [The board may give the license
363-27 examination in two or more parts.]
364-1 (d) The board by rule shall determine the passing grade for
364-2 each examination used by the board [credit to be given a license
364-3 applicant on answers turned in on the subjects of complete and
364-4 partial examination. The board's decision is final].
364-5 (e) [The board may establish examination fees.]
364-6 [(f)] The board shall give each license applicant notice of
364-7 the date and place of the examination, if administered by the
364-8 board.
364-9 [(g) In addition to the requirements prescribed by this
364-10 subchapter, the board may require applicants to comply with other
364-11 requirements for examination that the board considers appropriate.]
364-12 (j) Section 155.054, Occupations Code, is amended to conform
364-13 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
364-14 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
364-15 Legislature, Regular Session, 1999, to read as follows:
364-16 Sec. 155.054. EXAMINATION SUBJECTS. (a) Each license
364-17 examination must include [cover:]
364-18 [(1) those] subjects generally taught by medical
364-19 schools, a knowledge of which is commonly and generally required of
364-20 each candidate for the degree of doctor of medicine or doctor of
364-21 osteopathy conferred by schools in this state.
364-22 (b) The board shall administer the Texas [a board-approved
364-23 school or college of medicine; and]
364-24 [(2) the subject of] medical jurisprudence examination
364-25 to all applicants.
364-26 (k) Section 155.055, Occupations Code, is amended to conform
364-27 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
365-1 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
365-2 Legislature, Regular Session, 1999, to read as follows:
365-3 Sec. 155.055. NOTICE OF EXAMINATION RESULTS. [(a)] The
365-4 board shall notify each examinee of the results of a licensing
365-5 examination not later than the 120th [90th] day after the date the
365-6 examination is administered by the board. However, if an
365-7 examination is graded or reviewed by a national testing service,
365-8 the board shall notify each examinee of the results of the
365-9 examination not later than the 30th day after the date the board
365-10 receives the results from the testing service.
365-11 [(b) If the notice of the examination results will be
365-12 delayed for longer than 90 days after the examination date, the
365-13 board shall notify each examinee of the reason for the delay before
365-14 the 90th day.]
365-15 [(c) If requested in writing by a person who fails the
365-16 examination, the board shall provide to the person a summarized
365-17 analysis of the person's performance on the examination that
365-18 consists of the person's score on each portion of the examination.]
365-19 (l) Section 155.056, Occupations Code, is amended to conform
365-20 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
365-21 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
365-22 Legislature, Regular Session, 1999, to read as follows:
365-23 Sec. 155.056. REEXAMINATION. (a) An applicant must pass
365-24 each part of an examination within three attempts, except that an
365-25 applicant who has passed all but one part of an examination within
365-26 three attempts may take the remaining part of the examination one
365-27 additional time. [A license applicant who is refused a license
366-1 because of failure to pass the examination is entitled to take a
366-2 subsequent examination at a time fixed by the board on payment of a
366-3 fee set by the board.]
366-4 (b) Notwithstanding Subsection (a), an applicant is
366-5 considered to have satisfied the requirements of this section if
366-6 the applicant:
366-7 (1) passed all but one part of an examination approved
366-8 by the board within three attempts and passed the remaining part of
366-9 the examination within five attempts;
366-10 (2) is specialty board certified by a specialty board
366-11 that:
366-12 (A) is a member of the American Board of Medical
366-13 Specialties; or
366-14 (B) is approved by the American Osteopathic
366-15 Association; and
366-16 (3) completed in this state an additional two years of
366-17 postgraduate medical training approved by the board. [An applicant
366-18 may not take more than two subsequent examinations under Subsection
366-19 (a).]
366-20 (m) Section 155.057, Occupations Code, is amended to conform
366-21 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
366-22 Session, 1999, and Section 1, Chapter 874, Acts of the 76th
366-23 Legislature, Regular Session, 1999, to read as follows:
366-24 Sec. 155.057. PRESERVATION OF EXAMINATION MATERIALS. The
366-25 board shall preserve all examination questions, [and] answers, and
366-26 [with the] grades [attached, in the board's executive office or in
366-27 another repository] as directed by board rule until the first
367-1 anniversary of the date of the examination.
367-2 (n) Section 155.058, Occupations Code, is amended to conform
367-3 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
367-4 Session, 1999, to read as follows:
367-5 Sec. 155.058. APPLICATION OF OPEN RECORDS AND OPEN MEETINGS
367-6 LAW TO EXAMINATION PROCEDURES. (a) The following are exempt from
367-7 Chapters 551 and 552, Government Code:
367-8 (1) examination questions that may be used in the
367-9 future;
367-10 (2) examinations; and
367-11 (3) deliberations and records relating to the
367-12 professional character and fitness of applicants [for examination].
367-13 (b) Subsection (a)(2) does not prohibit the board from
367-14 providing an examination to an applicant who has taken that
367-15 examination.
367-16 [(c) Notwithstanding Subsection (a)(3), the board shall
367-17 disclose records relating to the professional character and fitness
367-18 of an individual applicant to that applicant on written request,
367-19 other than information supplied to the board by a person who
367-20 requests that the information not be disclosed.]
367-21 (o) Section 155.105, Occupations Code, is amended to conform
367-22 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
367-23 Session, 1999, to read as follows:
367-24 Sec. 155.105. PHYSICIAN-IN-TRAINING [INSTITUTIONAL] PERMIT.
367-25 (a) The board as provided by board rule may issue a
367-26 physician-in-training [an institutional] permit to a physician not
367-27 otherwise licensed by the board who is participating in a graduate
368-1 medical education training program approved by the board.
368-2 (b) A physician-in-training [The board shall charge a fee
368-3 for an institutional permit. The fee shall be deposited in the
368-4 medical registration fund account.]
368-5 [(c) An institutional] permit does not authorize the
368-6 performance of a medical act by the permit holder unless the act is
368-7 performed:
368-8 (1) as a part of the graduate medical education
368-9 training program; and
368-10 (2) under the supervision of a physician.
368-11 (c) The board has jurisdiction to discipline a permit holder
368-12 whose permit has expired if the violation of the law occurred
368-13 during the time the permit was valid. If an investigation is open
368-14 when the permit expires, the permit shall be executory and the
368-15 board may retain jurisdiction.
368-16 (p) Section 156.001, Occupations Code, is amended to conform
368-17 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
368-18 Session, 1999, to read as follows:
368-19 Sec. 156.001. ANNUAL REGISTRATION REQUIRED; REGISTRATION
368-20 PROCEDURE. (a) Each person licensed to practice medicine in this
368-21 state must register with the board annually. The initial annual
368-22 registration permit shall be issued with the license.
368-23 (b) Except as provided by Section 156.002, the application
368-24 for registration must be accompanied by an annual registration
368-25 permit fee in an amount set by the board regardless of whether the
368-26 person is practicing medicine in this state.
368-27 (c) A license holder may renew the annual registration
369-1 permit by submitting to the board, on or before the expiration date
369-2 of the annual registration permit, the required renewal application
369-3 and renewal fee. Each annual registration permit renewal
369-4 application must include [The person must file with the board a
369-5 written application for registration on a form provided by the
369-6 board that includes]:
369-7 (1) the license holder's [person's] name and mailing
369-8 address;
369-9 (2) the [address of each] place or places at which the
369-10 license holder [person] is engaged in the practice of medicine; and
369-11 (3) other necessary information as prescribed by the
369-12 board.
369-13 (d) If the person is licensed to practice medicine by
369-14 another state or country or by the uniformed services of the United
369-15 States, the renewal application must include a description of any
369-16 investigation the person knows is in progress and any sanction
369-17 imposed by or disciplinary matter pending in the state, country, or
369-18 service regarding the person.
369-19 [(e) The board shall renew the license of an applicant who
369-20 complies with this section.]
369-21 (q) Section 156.002, Occupations Code, is amended to conform
369-22 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
369-23 Session, 1999, to read as follows:
369-24 Sec. 156.002. EXEMPTION FOR CERTAIN [RETIRED] PHYSICIANS.
369-25 (a) The board by rule may exempt a retired physician from the
369-26 annual registration permit fee requirement.
369-27 (b) A [retired] physician licensed by the board whose only
370-1 practice is voluntary charity care is exempt from the annual
370-2 registration permit fee requirement.
370-3 (r) Section 156.003, Occupations Code, is amended to conform
370-4 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
370-5 Session, 1999, to read as follows:
370-6 Sec. 156.003. STAGGERED RENEWAL SYSTEM. (a) [A person must
370-7 apply for annual registration on or before January 1 each year.]
370-8 The board by rule may adopt a system under which annual
370-9 registration permits [registrations] expire on various dates during
370-10 the year.
370-11 (b) [If the board adopts a staggered renewal system under
370-12 Subsection (a), the board shall adjust accordingly the date for
370-13 license cancellation due to nonpayment.] For the year in which the
370-14 expiration date is changed, annual registration permit fees
370-15 [payable on or before January 1] shall be prorated [on a monthly
370-16 basis so that each registrant pays only that portion of the
370-17 registration fee that is allocable to the number of months during
370-18 which the registration is valid]. On renewal of the registration
370-19 on the new expiration date, the total annual registration permit
370-20 fee is payable.
370-21 (s) Section 156.004, Occupations Code, is amended to conform
370-22 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
370-23 Session, 1999, to read as follows:
370-24 Sec. 156.004. NOTICE OF [LICENSE] EXPIRATION. The board
370-25 shall mail an annual registration permit renewal application
370-26 [provide written notice] to each physician at the physician's last
370-27 known address according to the board's records at least 30 days
371-1 before the expiration date of the annual registration permit. The
371-2 board [a license and] shall provide for [allow] a 30-day grace
371-3 period for renewing the annual registration permit [payment of the
371-4 annual registration fee] from the date of the expiration of the
371-5 permit [license].
371-6 (t) Section 156.005, Occupations Code, is amended to conform
371-7 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
371-8 Session, 1999, to read as follows:
371-9 Sec. 156.005. RENEWAL OF CERTAIN REGISTRATION PERMITS
371-10 [LICENSES]. (a) [A person may renew an unexpired license by paying
371-11 the required fee to the board on or before the expiration date of
371-12 the license.]
371-13 [(b)] If a [the] person's annual registration permit
371-14 [license] has been expired for 90 days or less, the person may
371-15 renew the permit [license] by submitting [paying] to the board the
371-16 required renewal application, the renewal fee, and a $50 penalty
371-17 fee [that is equal to one-half of the amount of the annual
371-18 registration fee].
371-19 (b) [(c)] If the person's annual registration permit
371-20 [license] has been expired for longer than 90 days but less than
371-21 one year, the person may renew the permit [license] by submitting
371-22 [paying] to the board the required renewal application, the renewal
371-23 fee, [all unpaid fees] and a $100 penalty fee [that is equal to the
371-24 amount of the annual registration fee].
371-25 (c) [(d)] If the person's annual registration permit
371-26 [license] has been expired for one year or longer, the person's
371-27 license is considered to have been canceled, unless an
372-1 investigation is pending, and the person may not renew the annual
372-2 registration permit [license].
372-3 (d) A physician whose license is considered canceled [The
372-4 person] may obtain a new license by submitting to reexamination and
372-5 complying with the requirements, fees, and procedures for obtaining
372-6 a [an original] license. The board may issue a new license without
372-7 examination to a person whose license is considered canceled for
372-8 less than two years.
372-9 (u) Section 156.007, Occupations Code, is amended to conform
372-10 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
372-11 Session, 1999, to read as follows:
372-12 Sec. 156.007. ISSUANCE OF ANNUAL REGISTRATION PERMIT
372-13 [RECEIPT]. (a) On receipt of a renewal [registration] application
372-14 and all required fees, [accompanied by the proper fee,] the board,
372-15 after ascertaining from the records of the board or from other
372-16 sources considered reliable by the board that the applicant [for
372-17 registration] is a physician in this state, shall issue to the
372-18 applicant an annual registration permit [receipt] certifying that
372-19 the applicant has filed the application, [and] has paid the annual
372-20 registration permit fee for the year, and has completed the
372-21 requirements for annual registration.
372-22 (b) The filing of the renewal [registration] application,
372-23 the payment of the required fees [fee], and the issuance of the
372-24 permit [receipt] does not entitle the permit [receipt] holder to
372-25 practice medicine in this state unless:
372-26 (1) the permit [receipt] holder has been previously
372-27 licensed as a physician by the board, as prescribed by law; and
373-1 (2) the license to practice medicine is in effect.
373-2 (v) Section 156.008, Occupations Code, is amended to conform
373-3 to Section 2, Chapter 1262, Acts of the 76th Legislature, Regular
373-4 Session, 1999, to read as follows:
373-5 Sec. 156.008. PRACTICING MEDICINE WITHOUT ANNUAL
373-6 REGISTRATION PERMIT PROHIBITED. (a) Practicing medicine without an
373-7 annual registration permit [receipt] for the current year as
373-8 provided by this subchapter has the same effect as, and is subject
373-9 to all penalties of, practicing medicine without a license.
373-10 (b) In a prosecution for the unlawful practice of medicine,
373-11 the [receipt showing payment of the] annual registration permit
373-12 [fee] required by this subchapter may [chapter does] not be treated
373-13 as [constitute] evidence that the permit [receipt] holder is
373-14 lawfully entitled to practice medicine.
373-15 (w) Sections 155.006, 155.101, and 156.006, Occupations
373-16 Code, are repealed to conform to Section 2, Chapter 1262, Acts of
373-17 the 76th Legislature, Regular Session, 1999.
373-18 (x) Section 153.009, Occupations Code, is repealed to
373-19 conform to Section 2, Chapter 1262, Acts of the 76th Legislature,
373-20 Regular Session, 1999, and Section 1, Chapter 874, Acts of the 76th
373-21 Legislature, Regular Session, 1999.
373-22 (y) Section 2, Chapter 1262, Acts of the 76th Legislature,
373-23 Regular Session, 1999, is repealed.
373-24 (z) Section 1, Chapter 874, Acts of the 76th Legislature,
373-25 Regular Session, 1999, is repealed.
373-26 SECTION 14.028. (a) The heading of Subchapter C, Chapter
373-27 155, Occupations Code, is amended to conform to Section 5, Chapter
374-1 1262, Acts of the 76th Legislature, Regular Session, 1999, to read
374-2 as follows:
374-3 SUBCHAPTER C. [RECIPROCITY AND] CERTAIN TEMPORARY LICENSES
374-4 OR PERMITS
374-5 (b) Section 155.104, Occupations Code, is amended to conform
374-6 to Section 5, Chapter 1262, Acts of the 76th Legislature, Regular
374-7 Session, 1999, to read as follows:
374-8 Sec. 155.104. [OTHER] TEMPORARY LICENSES. The [Except as
374-9 provided by Sections 155.102 and 155.103, the] board may adopt
374-10 rules and set fees relating to granting temporary licenses and
374-11 extending the expiration dates of temporary licenses. The board by
374-12 rule shall set a time limit for the term of a temporary license.
374-13 (c) Sections 155.102 and 155.103, Occupations Code, are
374-14 repealed to conform to Section 5, Chapter 1262, Acts of the 76th
374-15 Legislature, Regular Session, 1999.
374-16 (d) Section 5, Chapter 1262, Acts of the 76th Legislature,
374-17 Regular Session, 1999, is repealed.
374-18 SECTION 14.029. (a) Subchapter B, Chapter 156, Occupations
374-19 Code, is amended to conform to Section 1, Chapter 137, Acts of the
374-20 76th Legislature, Regular Session, 1999, by adding Section 156.056
374-21 to read as follows:
374-22 Sec. 156.056. CERTAIN VOLUNTEER SERVICES. (a) In this
374-23 section, "site serving a medically underserved population" has the
374-24 meaning assigned by Section 157.052.
374-25 (b) The board by rule shall permit a license holder to
374-26 complete half of any informal continuing medical education hours
374-27 required under this subchapter by providing volunteer medical
375-1 services at a site serving a medically underserved population other
375-2 than a site that is a primary practice site of the license holder.
375-3 (b) Section 1, Chapter 137, Acts of the 76th Legislature,
375-4 Regular Session, 1999, is repealed.
375-5 SECTION 14.030. (a) Section 159.006, Occupations Code, is
375-6 amended to conform to Section 1, Chapter 636, Acts of the 76th
375-7 Legislature, Regular Session, 1999, to read as follows:
375-8 Sec. 159.006. INFORMATION FURNISHED BY PHYSICIAN. (a)
375-9 Unless the physician determines that access to the information
375-10 would be harmful to the physical, mental, or emotional health of
375-11 the patient, a physician who receives a written consent for release
375-12 of information as provided by Section 159.005 shall furnish copies
375-13 of the requested medical records, or a summary or narrative of the
375-14 records, including records received from a physician or other
375-15 health care provider involved in the care or treatment of the
375-16 patient. [The physician shall furnish the information not later
375-17 than the 30th day after the date of receipt of the request.]
375-18 (b) The physician may delete confidential information about
375-19 another patient or a family member of the patient who has not
375-20 consented to the release.
375-21 (c) In accordance with Section 159.005, on receipt of a
375-22 written request by a subsequent or consulting physician of a
375-23 patient of the requested physician, the requested physician shall
375-24 furnish a copy of the complete medical records of the patient to
375-25 the subsequent or consulting physician. The duty to provide medical
375-26 records to a subsequent or consulting physician may not be
375-27 nullified by contract.
376-1 (d) A physician shall provide the information requested
376-2 under this section not later than the 15th business day after the
376-3 date of receipt of the written consent for release under Subsection
376-4 (a) or the written request under Subsection (c).
376-5 (e) If the physician denies the request, in whole or in
376-6 part, the physician shall:
376-7 (1) furnish the patient with a written statement,
376-8 signed and dated, providing the reason for the denial; and
376-9 (2) place a copy of the statement denying the request
376-10 in the patient's medical records.
376-11 (b) Chapter 159, Occupations Code, is amended to conform to
376-12 Section 1, Chapter 636, Acts of the 76th Legislature, Regular
376-13 Session, 1999, by adding Section 159.0061 to read as follows:
376-14 Sec. 159.0061. APPOINTMENT OF CUSTODIAN OF PHYSICIAN'S
376-15 RECORDS. (a) The board by rule shall establish conditions under
376-16 which the board may temporarily or permanently appoint a person as
376-17 a custodian of a physician's medical records. In adopting rules
376-18 under this section, the board shall consider the death of a
376-19 physician, the mental or physical incapacitation of a physician,
376-20 and the abandonment of medical records by a physician.
376-21 (b) The rules adopted under this section must provide for:
376-22 (1) the release of the medical records by an appointed
376-23 custodian in compliance with this chapter; and
376-24 (2) a fee charged by the appointed custodian that is
376-25 in addition to the copying fee governed by Section 159.008.
376-26 (c) Section 1, Chapter 636, Acts of the 76th Legislature,
376-27 Regular Session, 1999, is repealed.
377-1 SECTION 14.031. (a) Subchapter A, Chapter 160, Occupations
377-2 Code, is amended to conform to Section 2, Chapter 908, Acts of the
377-3 76th Legislature, Regular Session, 1999, by adding Section 160.015
377-4 to read as follows:
377-5 Sec. 160.015. IMMUNITY OF HOSPITAL DISTRICT OR HOSPITAL
377-6 AUTHORITY. This subchapter does not impose liability or waive
377-7 immunity for a hospital district or hospital authority that has
377-8 common law, statutory, or other immunity.
377-9 (b) Section 2, Chapter 908, Acts of the 76th Legislature,
377-10 Regular Session, 1999, is repealed.
377-11 SECTION 14.032. (a) Section 160.101(a), Occupations Code, is
377-12 amended to conform to Section 1, Chapter 645, Acts of the 76th
377-13 Legislature, Regular Session, 1999, to read as follows:
377-14 (a) This section applies to a person known to be a physician
377-15 who is licensed or otherwise lawfully practicing in this state or
377-16 applying to be licensed and who is convicted of or placed on
377-17 deferred adjudication for:
377-18 (1) a felony;
377-19 (2) a Class A or Class B misdemeanor;
377-20 (3) a Class C misdemeanor involving moral turpitude;
377-21 (4) [(3)] a violation of a state or federal narcotics
377-22 or controlled substances law; or
377-23 (5) [(4)] an offense involving fraud or abuse under
377-24 the Medicare or Medicaid program.
377-25 (b) Section 1, Chapter 645, Acts of the 76th Legislature,
377-26 Regular Session, 1999, is repealed.
377-27 SECTION 14.033. (a) Chapter 162, Occupations Code, is
378-1 amended to conform to Section 1, Chapter 796, Acts of the 76th
378-2 Legislature, Regular Session, 1999; Section 2, Chapter 1468, Acts
378-3 of the 76th Legislature, Regular Session, 1999; Section 2, Chapter
378-4 1275, Acts of the 76th Legislature, Regular Session, 1999; and
378-5 Section 1, Chapter 948, Acts of the 76th Legislature, Regular
378-6 Session, 1999, to read as follows:
378-7 CHAPTER 162. REGULATION OF PRACTICE OF MEDICINE
378-8 SUBCHAPTER A. REGULATION BY BOARD OF CERTAIN
378-9 NONPROFIT HEALTH CORPORATIONS
378-10 Sec. 162.001. CERTIFICATION BY BOARD. (a) The board by rule
378-11 shall certify a health organization that:
378-12 (1) applies for certification on a form approved by
378-13 the board; and
378-14 (2) presents proof satisfactory to the board that the
378-15 organization meets the requirements of Subsection (b) or (c).
378-16 (b) The board shall approve and certify a health
378-17 organization that:
378-18 (1) is a nonprofit corporation under the Texas
378-19 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
378-20 Texas Civil Statutes) organized to:
378-21 (A) conduct scientific research and research
378-22 projects in the public interest in the field of medical science,
378-23 medical economics, public health, sociology, or a related area;
378-24 (B) support medical education in medical schools
378-25 through grants and scholarships;
378-26 (C) improve and develop the capabilities of
378-27 individuals and institutions studying, teaching, and practicing
379-1 medicine;
379-2 (D) deliver health care to the public; or
379-3 (E) instruct the general public in medical
379-4 science, public health, and hygiene and provide related instruction
379-5 useful to individuals and beneficial to the community;
379-6 (2) is organized and incorporated solely by persons
379-7 licensed by the board; and
379-8 (3) has as its directors and trustees persons who are:
379-9 (A) licensed by the board; and
379-10 (B) actively engaged in the practice of
379-11 medicine.
379-12 (c) The board shall certify a health organization to
379-13 contract with or employ physicians licensed by the board if the
379-14 organization:
379-15 (1) is a nonprofit corporation under the Texas
379-16 Non-Profit Corporation Act (Article 1396-1.01 et seq., Vernon's
379-17 Texas Civil Statutes) and Section 501(c)(3), Internal Revenue Code
379-18 of 1986 (26 U.S.C. Sec. 501(c)(3)); and
379-19 (2) is organized and operated as:
379-20 (A) a migrant, community, or homeless health
379-21 center under the authority of and in compliance with 42 U.S.C.
379-22 Section 254b or 254c; or
379-23 (B) a federally qualified health center under 42
379-24 U.S.C. Section 1396d(l)(2)(B).
379-25 Sec. 162.002. LIMITATION ON PHYSICIAN FEES. A physician who
379-26 provides professional medical services for a health organization
379-27 certified under Section 162.001(c) shall provide those services
380-1 free of charge, or at a reduced fee commensurate with the patient's
380-2 ability to pay, in compliance with 42 U.S.C. Section 254b or 254c.
380-3 Sec. 162.003. REFUSAL TO CERTIFY; REVOCATION. On a
380-4 determination that a health organization is established, organized,
380-5 or operated in violation of or with the intent to violate this
380-6 subtitle, the board:
380-7 (1) may refuse to certify the health organization on
380-8 application for certification by the organization under Section
380-9 162.001; and
380-10 (2) shall revoke a certification made under Section
380-11 162.001 to that organization.
380-12 (Sections 162.004-162.050 reserved for expansion)
380-13 SUBCHAPTER B. AUTHORITY TO FORM CERTAIN ENTITIES
380-14 Sec. 162.051. AUTHORITY TO FORM CERTAIN JOINTLY OWNED
380-15 ENTITIES. (a) Except as provided by Section 165.155, a physician
380-16 and an optometrist or therapeutic optometrist may, for a purpose
380-17 described by Subsection (b), organize, jointly own, and manage any
380-18 legal entity, including:
380-19 (1) a partnership under the Texas Revised Partnership
380-20 Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
380-21 (2) a limited partnership under the Texas Revised
380-22 Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil
380-23 Statutes); and
380-24 (3) a limited liability company under the Texas
380-25 Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
380-26 Statutes).
380-27 (b) An entity authorized under Subsection (a) may:
381-1 (1) own real property, other physical facilities, or
381-2 equipment for the delivery of health care services or management;
381-3 (2) lease, rent, or otherwise acquire the use of real
381-4 property, other physical facilities, or equipment for the delivery
381-5 of health care services or management; or
381-6 (3) employ or otherwise use a person who is not a
381-7 physician, optometrist, or therapeutic optometrist for the delivery
381-8 of health care services or management.
381-9 (c) Only a physician, optometrist, or therapeutic
381-10 optometrist may own an interest in an entity authorized under
381-11 Subsection (a). This subsection does not prohibit an entity from
381-12 making one or more payments to an owner's estate following the
381-13 owner's death under an agreement with the owner or as otherwise
381-14 authorized or required by law.
381-15 (Sections 162.052-162.100 reserved for expansion)
381-16 SUBCHAPTER C. ANESTHESIA IN OUTPATIENT SETTING
381-17 Sec. 162.101. DEFINITION. In this subchapter, "outpatient
381-18 setting" means a facility, clinic, center, office, or other setting
381-19 that is not part of a licensed hospital or a licensed ambulatory
381-20 surgical center.
381-21 Sec. 162.102. RULES. (a) The board by rule shall establish
381-22 the minimum standards for anesthesia services provided in an
381-23 outpatient setting by a person licensed by the board.
381-24 (b) The rules adopted under this section must be designed to
381-25 protect the health, safety, and welfare of the public and include
381-26 requirements relating to:
381-27 (1) general anesthesia, regional anesthesia, and
382-1 monitored anesthesia care;
382-2 (2) patient evaluation, diagnosis, counseling, and
382-3 preparation;
382-4 (3) patient monitoring to be performed and equipment
382-5 to be used during a procedure and during post-procedure monitoring;
382-6 (4) emergency procedures, drugs, and equipment,
382-7 including education, training, and certification of personnel, as
382-8 appropriate, and including protocols for transfers to a hospital;
382-9 (5) the documentation necessary to demonstrate
382-10 compliance with this subchapter; and
382-11 (6) the period in which protocols or procedures
382-12 covered by rules of the board shall be reviewed, updated, or
382-13 amended.
382-14 (c) The board shall cooperate with the Board of Nurse
382-15 Examiners in the adoption of rules under this subchapter to
382-16 eliminate, to the extent possible, conflicts between the rules
382-17 adopted by each board.
382-18 Sec. 162.103. APPLICABILITY. Rules adopted by the board
382-19 under this subchapter do not apply to:
382-20 (1) an outpatient setting in which only local
382-21 anesthesia, peripheral nerve blocks, or both are used;
382-22 (2) an outpatient setting in which only anxiolytics
382-23 and analgesics are used and only in doses that do not have the
382-24 probability of placing the patient at risk for loss of the
382-25 patient's life-preserving protective reflexes;
382-26 (3) a licensed hospital, including an outpatient
382-27 facility of the hospital that is located separate from the
383-1 hospital;
383-2 (4) a licensed ambulatory surgical center;
383-3 (5) a clinic located on land recognized as tribal land
383-4 by the federal government and maintained or operated by a federally
383-5 recognized Indian tribe or tribal organization as listed by the
383-6 United States secretary of the interior under 25 U.S.C. Section
383-7 479a-1 or as listed under a successor federal statute or
383-8 regulation;
383-9 (6) a facility maintained or operated by a state or
383-10 local governmental entity;
383-11 (7) a clinic directly maintained or operated by the
383-12 United States; or
383-13 (8) an outpatient setting accredited by:
383-14 (A) the Joint Commission on Accreditation of
383-15 Healthcare Organizations relating to ambulatory surgical centers;
383-16 (B) the American Association for the
383-17 Accreditation of Ambulatory Surgery Facilities; or
383-18 (C) the Accreditation Association for Ambulatory
383-19 Health Care.
383-20 Sec. 162.104. REGISTRATION REQUIRED. (a) The board shall
383-21 require each physician who administers anesthesia or performs a
383-22 surgical procedure for which anesthesia services are provided in an
383-23 outpatient setting to annually register with the board on a form
383-24 prescribed by the board and to pay a fee to the board in an amount
383-25 established by the board.
383-26 (b) The board shall coordinate the registration required
383-27 under this section with the registration required under Chapter 156
384-1 so that the times of registration, payment, notice, and imposition
384-2 of penalties for late payment are similar and provide a minimum of
384-3 administrative burden to the board and to physicians.
384-4 Sec. 162.105. COMPLIANCE WITH ANESTHESIA RULES. (a) A
384-5 physician who practices medicine in this state and who administers
384-6 anesthesia or performs a surgical procedure for which anesthesia
384-7 services are provided in an outpatient setting shall comply with
384-8 the rules adopted under this subchapter.
384-9 (b) The board may require a physician to submit and comply
384-10 with a corrective action plan to remedy or address any current or
384-11 potential deficiencies with the physician's provision of anesthesia
384-12 in an outpatient setting in accordance with this subtitle or rules
384-13 of the board.
384-14 Sec. 162.106. INSPECTIONS. (a) The board may conduct
384-15 inspections to enforce this subchapter, including inspections of an
384-16 office site and of documents of a physician's practice that relate
384-17 to the provision of anesthesia in an outpatient setting. The board
384-18 may contract with another state agency or qualified person to
384-19 conduct the inspections.
384-20 (b) Unless it would jeopardize an ongoing investigation, the
384-21 board shall provide at least five business days' notice before
384-22 conducting an on-site inspection under this section.
384-23 (c) This section does not require the board to make an
384-24 on-site inspection of a physician's office.
384-25 Sec. 162.107. REQUESTS FOR INSPECTION AND ADVISORY OPINION.
384-26 (a) The board may consider a request by a physician for an on-site
384-27 inspection. The board, on payment of a fee established by the
385-1 board, may conduct the inspection and issue an advisory opinion.
385-2 (b) An advisory opinion issued by the board under this
385-3 section is not binding on the board. Except as provided by
385-4 Subsection (c), the board may take any action under this subtitle
385-5 relating to the situation addressed by the advisory opinion that
385-6 the board considers appropriate.
385-7 (c) A physician who requests and relies on an advisory
385-8 opinion of the board may use the opinion as mitigating evidence in
385-9 an action or proceeding to impose an administrative penalty or
385-10 assess a civil penalty under this subtitle. On receipt of proof of
385-11 reliance on an advisory opinion, the board or court, as
385-12 appropriate, shall consider the reliance and mitigate imposition of
385-13 an administrative penalty or assessment of a civil penalty
385-14 accordingly.
385-15 (Sections 162.108-162.150 reserved for expansion)
385-16 SUBCHAPTER D. PHYSICIAN CREDENTIALING
385-17 Sec. 162.151. DEFINITIONS. In this subchapter:
385-18 (1) "Core credentials data" means:
385-19 (A) name and other demographic data;
385-20 (B) professional education;
385-21 (C) professional training;
385-22 (D) licenses; and
385-23 (E) Educational Commission for Foreign Medical
385-24 Graduates certification.
385-25 (2) "Credentials verification organization" means an
385-26 organization that is certified or accredited and organized to
385-27 collect, verify, maintain, store, and provide to health care
386-1 entities a health care practitioner's verified credentials data,
386-2 including all corrections, updates, and modifications to that data.
386-3 For purposes of this subdivision, "certified" or "accredited"
386-4 includes certification or accreditation by a nationally recognized
386-5 accreditation organization.
386-6 (3) "Health care entity" means:
386-7 (A) a health care facility or other health care
386-8 organization licensed or certified to provide approved medical and
386-9 allied health services in this state;
386-10 (B) an entity licensed by the Texas Department
386-11 of Insurance as a prepaid health care plan or health maintenance
386-12 organization or as an insurer to provide coverage for health care
386-13 services through a network of providers; or
386-14 (C) a health care provider entity accepting
386-15 delegated credentialing functions from a health maintenance
386-16 organization.
386-17 (4) "Physician" means a holder of or applicant for a
386-18 license under this subtitle as a medical doctor or doctor of
386-19 osteopathy.
386-20 Sec. 162.152. ASSOCIATIONS. Each provision of this
386-21 subchapter that applies to a health care entity also applies to an
386-22 association that represents federally qualified health centers. For
386-23 purposes of this section, "federally qualified health center" has
386-24 the meaning assigned by 42 U.S.C. Section 1396d(l)(2)(B), as
386-25 amended.
386-26 Sec. 162.153. STANDARDIZED CREDENTIALS VERIFICATION PROGRAM.
386-27 (a) The board shall develop standardized forms and guidelines for
387-1 and administer:
387-2 (1) the collection, verification, correction,
387-3 updating, modification, maintenance, and storage of information
387-4 relating to physician credentials; and
387-5 (2) the release of that information to health care
387-6 entities or designated credentials verification organizations
387-7 authorized by the physician to receive that information.
387-8 (b) Except as provided by Subsection (c), a physician whose
387-9 core credentials data is submitted to the board is not required to
387-10 resubmit the data when applying for practice privileges with a
387-11 health care entity.
387-12 (c) A physician shall:
387-13 (1) provide to the board any correction, update, or
387-14 modification of the physician's core credentials data not later
387-15 than the 30th day after the date the data on file is no longer
387-16 accurate; and
387-17 (2) resubmit the physician's core credentials data
387-18 annually if the physician did not submit a correction, update, or
387-19 modification during the preceding year.
387-20 (d) A health care entity that employs, contracts with, or
387-21 credentials physicians must use the board to obtain core
387-22 credentials data for items for which the board is designated or
387-23 accepted as a primary source by a national accreditation
387-24 organization. A health care entity may act through its designated
387-25 credentials verification organization.
387-26 (e) This section does not restrict the authority of a health
387-27 care entity to approve or deny an original or renewal application
388-1 for hospital staff membership, clinical privileges, or managed care
388-2 network participation.
388-3 Sec. 162.154. FURNISHING OF DATA TO HEALTH CARE ENTITY. Not
388-4 later than the 15th business day after the date the board receives
388-5 a request for the data, the board shall make available to a health
388-6 care entity or its designated credentials verification organization
388-7 all core credentials data it collects on a physician, including any
388-8 correction, update, or modification of that data, if authorized by
388-9 the physician.
388-10 Sec. 162.155. REVIEW OF DATA BY PHYSICIAN. (a) Before
388-11 releasing a physician's core credentials data from its data bank
388-12 for the first time, the board shall provide to the affected
388-13 physician 15 business days to review the data and request
388-14 reconsideration or resolution of errors in or omissions from the
388-15 data. The board shall include with the data any change or
388-16 clarification made by the physician.
388-17 (b) The board shall notify a physician of any change to the
388-18 physician's core credentials data when a change is made or
388-19 initiated by a person other than the physician.
388-20 (c) A physician may request to review the physician's core
388-21 credentials data collected at any time after the initial release of
388-22 information. The board is not required to hold, release, or modify
388-23 any information because of the request.
388-24 Sec. 162.156. DATA DUPLICATION PROHIBITED. (a) A health
388-25 care entity may not collect or attempt to collect duplicate core
388-26 credentials data from a physician if the information is already on
388-27 file with the board. This section does not restrict the right of a
389-1 health care entity to request additional information not included
389-2 in the core credentials data on file with the board that is
389-3 necessary for the entity to credential the physician. A health
389-4 care entity or its designated credentials verification organization
389-5 may collect any additional information required by the health care
389-6 entity's credentialing process from a primary source of that
389-7 information.
389-8 (b) A state agency may not collect or attempt to collect
389-9 duplicate core credentials data from a physician if the information
389-10 is already on file with the board. This section does not restrict
389-11 the right of a state agency to request additional information not
389-12 included in the core credentials data on file with the board that
389-13 the agency considers necessary for its specific credentialing
389-14 purposes.
389-15 (c) The board by rule may except from Subsections (a) and
389-16 (b) a request for core credentials data that is necessary for a
389-17 health care entity to provide temporary privileges during the
389-18 credentialing process.
389-19 Sec. 162.157. IMMUNITY. A health care entity or its
389-20 designated credentials verification organization is immune from
389-21 liability arising from its reliance on data furnished by the board
389-22 under this subchapter.
389-23 Sec. 162.158. RULES. The board shall adopt rules as
389-24 necessary to develop and implement the standardized credentials
389-25 verification program established by this subchapter.
389-26 Sec. 162.159. CONFIDENTIALITY. The information collected,
389-27 maintained, or stored by the board under this subchapter is
390-1 privileged and confidential and not subject to discovery, subpoena,
390-2 or other means of legal compulsion for its release or to disclosure
390-3 under Chapter 552, Government Code, except as otherwise provided by
390-4 this subchapter.
390-5 Sec. 162.160. USE OF INDEPENDENT CONTRACTOR. The board may
390-6 contract with an independent contractor to collect, verify,
390-7 maintain, store, or release information. The contract must provide
390-8 for board oversight and for the confidentiality of the information.
390-9 If the board contracts with an independent entity that is not a
390-10 governmental unit to carry out this subchapter, the independent
390-11 entity is not immune from liability.
390-12 Sec. 162.161. FEES. (a) The board shall prescribe and
390-13 assess fees in amounts necessary to cover its cost of operating
390-14 under and administering this subchapter.
390-15 (b) The board may waive a fee for a state agency that is
390-16 required to obtain core credentials data from the board and that
390-17 Section 162.156 prohibits from collecting duplicate data.
390-18 Sec. 162.162. GIFTS, GRANTS, AND DONATIONS. In addition to
390-19 any fees paid to the board or money appropriated to the board, the
390-20 board may receive and accept a gift, grant, donation, or other
390-21 thing of value from any source, including the United States or a
390-22 private source.
390-23 (Sections 162.163-162.200 reserved for expansion
390-24 SUBCHAPTER E. EMPLOYMENT OF PHYSICIAN BY PRIVATE
390-25 MEDICAL SCHOOL
390-26 Sec. 162.201. EMPLOYMENT OF PHYSICIAN PERMITTED. A private
390-27 nonprofit medical school that is certified under Section 162.203,
391-1 that is accredited by the Liaison Committee on Medical Education,
391-2 and that was appropriated funds by the legislature in the 75th
391-3 Legislature, Regular Session, 1997, may retain, in fulfilling its
391-4 educational mission, all or part of the professional income
391-5 generated by a physician for medical services if the physician is
391-6 employed as a faculty member of the school and provides medical
391-7 services as part of the physician's responsibilities.
391-8 Sec. 162.202. COMMITTEE ESTABLISHED BY SCHOOL. (a) A
391-9 private medical school subject to this subchapter shall establish a
391-10 committee consisting of at least five actively practicing
391-11 physicians who provide care in the clinical program of the private
391-12 medical school. The committee shall approve existing policies, or
391-13 adopt new policies if none exist, to ensure that a physician whose
391-14 professional income is retained under Section 162.201 is exercising
391-15 the physician's independent medical judgment in providing care to
391-16 patients in the school's clinical programs.
391-17 (b) The policies adopted under this section must include
391-18 policies relating to credentialing, quality assurance, utilization
391-19 review, peer review, medical decision-making, governance of the
391-20 committee, and due process.
391-21 (c) Each member of a committee under this section shall
391-22 provide to the board biennially a signed and verified statement
391-23 indicating that the member:
391-24 (1) is licensed by the board;
391-25 (2) will exercise independent medical judgment in all
391-26 committee matters, specifically in matters relating to
391-27 credentialing, quality assurance, utilization review, peer review,
392-1 medical decision-making, and due process;
392-2 (3) will exercise the member's best efforts to ensure
392-3 compliance with the private medical school's policies that are
392-4 adopted or established by the committee; and
392-5 (4) shall report immediately to the board any action
392-6 or event that the member reasonably and in good faith believes
392-7 constitutes a compromise of the independent judgment of a physician
392-8 in caring for a patient in the private medical school's clinical
392-9 program or in carrying out the member's duties as a committee
392-10 member.
392-11 (d) The board shall adopt rules requiring the disclosure of
392-12 financial conflicts of interest by a committee member.
392-13 Sec. 162.203. CERTIFICATION OF SCHOOL BY BOARD. (a) A
392-14 private school that retains a physician's professional income under
392-15 Section 162.201 must be certified by the board as being in
392-16 compliance with this subchapter.
392-17 (b) The board shall prescribe an application form to be
392-18 provided to the school and may adopt rules as necessary to
392-19 administer this subchapter.
392-20 (c) The board may prescribe and assess a fee for the
392-21 certification of a school and for investigation and review of the
392-22 school in an amount not to exceed the fee assessed on an
392-23 organization described by Section 162.001.
392-24 Sec. 162.204. BIENNIAL REPORT. A private medical school
392-25 certified under Section 162.203 shall provide to the board a
392-26 biennial report certifying that the school is in compliance with
392-27 this subchapter.
393-1 Sec. 162.205. SUSPENSION OR REVOCATION OF CERTIFICATION. If
393-2 the board determines at any time that a private medical school
393-3 certified under Section 162.203 has failed to comply with this
393-4 subchapter, the board may suspend or revoke the school's
393-5 certification.
393-6 Sec. 162.206. LIMITATION ON SCHOOL'S AUTHORITY. A private
393-7 medical school's authority to retain a physician's professional
393-8 income does not apply to a physician providing care in a facility
393-9 owned or operated by the school that is established outside the
393-10 school's historical geographical service area as it existed June
393-11 19, 1999.
393-12 Sec. 162.207. APPLICATION OF SUBCHAPTER. This subchapter
393-13 does not:
393-14 (1) affect the reporting requirements under Section
393-15 160.003; or
393-16 (2) apply to a private medical school certified under
393-17 this subchapter if all or substantially all of the school's assets
393-18 are sold.
393-19 (b) The following are repealed:
393-20 (1) Section 1, Chapter 796, Acts of the 76th
393-21 Legislature, Regular Session, 1999;
393-22 (2) Section 2, Chapter 1468, Acts of the 76th
393-23 Legislature, Regular Session, 1999;
393-24 (3) Section 2, Chapter 1275, Acts of the 76th
393-25 Legislature, Regular Session, 1999; and
393-26 (4) Section 1, Chapter 948, Acts of the 76th
393-27 Legislature, Regular Session, 1999.
394-1 SECTION 14.034. (a) Section 164.053(a), Occupations Code, is
394-2 amended to conform to Section 3, Chapter 1271, Acts of the 76th
394-3 Legislature, Regular Session, 1999, to read as follows:
394-4 (a) For purposes of Section 164.052(a)(5), unprofessional or
394-5 dishonorable conduct likely to deceive or defraud the public
394-6 includes conduct in which a physician:
394-7 (1) commits an act that violates the laws of this
394-8 state if the act is connected with the physician's practice of
394-9 medicine;
394-10 (2) fails to keep complete and accurate records of
394-11 purchases and disposals of:
394-12 (A) drugs listed in Chapter 481, Health and
394-13 Safety Code; or
394-14 (B) controlled substances scheduled in the
394-15 Comprehensive Drug Abuse Prevention and Control Act of 1970 (21
394-16 U.S.C. Section 801 et seq.);
394-17 (3) writes prescriptions for or dispenses to a person
394-18 who:
394-19 (A) is known to be an abuser of narcotic drugs,
394-20 controlled substances, or dangerous drugs; or
394-21 (B) the physician should have known was an
394-22 abuser of narcotic drugs, controlled substances, or dangerous
394-23 drugs;
394-24 (4) writes false or fictitious prescriptions for:
394-25 (A) dangerous drugs as defined by Chapter 483,
394-26 Health and Safety Code; or
394-27 (B) controlled substances scheduled in Chapter
395-1 481, Health and Safety Code, or the Comprehensive Drug Abuse
395-2 Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
395-3 (5) prescribes or administers a drug or treatment that
395-4 is nontherapeutic in nature or nontherapeutic in the manner the
395-5 drug or treatment is administered or prescribed;
395-6 (6) prescribes, administers, or dispenses in a manner
395-7 inconsistent with public health and welfare:
395-8 (A) dangerous drugs as defined by Chapter 483,
395-9 Health and Safety Code; or
395-10 (B) controlled substances scheduled in Chapter
395-11 481, Health and Safety Code, or the Comprehensive Drug Abuse
395-12 Prevention and Control Act of 1970 (21 U.S.C. Section 801 et seq.);
395-13 (7) violates Section 311.0025, Health and Safety Code
395-14 [persistently or flagrantly overcharges or overtreats patients];
395-15 (8) fails to supervise adequately the activities of
395-16 those acting under the supervision of the physician; or
395-17 (9) delegates professional medical responsibility or
395-18 acts to a person if the delegating physician knows or has reason to
395-19 know that the person is not qualified by training, experience, or
395-20 licensure to perform the responsibility or acts.
395-21 (b) Section 3, Chapter 1271, Acts of the 76th Legislature,
395-22 Regular Session, 1999, is repealed.
395-23 SECTION 14.035. Section 165.002(b), Occupations Code, is
395-24 amended to conform more closely to the law from which it was
395-25 derived to read as follows:
395-26 (b) A proceeding under this subchapter [section] is subject
395-27 to Chapter 2001, Government Code.
396-1 PART 4. CHANGES RELATING TO SUBTITLE C, TITLE 3,
396-2 OCCUPATIONS CODE
396-3 SECTION 14.051. (a) Sections 201.159(c) and (d), Occupations
396-4 Code, are amended to conform to Section 3, Chapter 20, Acts of the
396-5 76th Legislature, Regular Session, 1999, to read as follows:
396-6 (c) [On May 1 of each year, the secretary-treasurer of the
396-7 board shall send an official copy of the register to the secretary
396-8 of state to be kept as a permanent record.]
396-9 [(d)] The information recorded in the register is prima
396-10 facie evidence of the matters contained in the register. A
396-11 certified copy of the register with the seal of the board [or the
396-12 seal of the secretary of state] is admissible as evidence in any
396-13 court of this state.
396-14 (b) Section 3, Chapter 20, Acts of the 76th Legislature,
396-15 Regular Session, 1999, is repealed.
396-16 SECTION 14.0515. Section 201.554, Occupations Code, is
396-17 amended to more accurately reflect the law from which it was
396-18 derived to read as follows:
396-19 Sec. 201.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
396-20 Not later than the 20th day after the date a person receives the
396-21 notice under Section 201.553, the person may:
396-22 (1) accept in writing the enforcement committee's
396-23 determination and recommended administrative penalty; or
396-24 (2) make a written request for a hearing on the
396-25 occurrence of the violation, the amount of the penalty, or both
396-26 [that determination].
396-27 (b) If the person accepts the enforcement committee's
397-1 determination and recommended penalty, the board by order shall
397-2 approve the determination and impose the recommended penalty.
397-3 SECTION 14.052. (a) Section 202.203(b), Occupations Code, is
397-4 amended to conform to Section 1, Chapter 788, Acts of the 76th
397-5 Legislature, Regular Session, 1999, to read as follows:
397-6 (b) If a written complaint is filed with the board, the
397-7 board, at least quarterly and until final disposition of the
397-8 complaint, shall notify the parties to the complaint of the status
397-9 of the complaint unless the notification would jeopardize an
397-10 undercover investigation. The board may provide a copy of the
397-11 complaint to the license holder unless providing a copy would
397-12 jeopardize an investigation.
397-13 (b) Section 1, Chapter 788, Acts of the 76th Legislature,
397-14 Regular Session, 1999, is repealed.
397-15 SECTION 14.053. (a) Subchapter D, Chapter 204, Occupations
397-16 Code, is amended to conform to Section 2, Chapter 137, Acts of the
397-17 76th Legislature, Regular Session, 1999, by adding Section 204.1565
397-18 to read as follows:
397-19 Sec. 204.1565. INFORMAL CONTINUING MEDICAL EDUCATION. (a)
397-20 In this section, "site serving a medically underserved population"
397-21 has the meaning assigned by Section 157.052.
397-22 (b) The physician assistant board by rule shall permit a
397-23 license holder to complete half of any informal continuing medical
397-24 education hours required to renew a license under this chapter by
397-25 providing volunteer medical services at a site serving a medically
397-26 underserved population, other than a site that is a primary
397-27 practice site of the license holder.
398-1 (b) Section 2, Chapter 137, Acts of the 76th Legislature,
398-2 Regular Session, 1999, is repealed.
398-3 SECTION 14.054. (a) Section 204.202, Occupations Code, is
398-4 amended to conform to Section 7, Chapter 428, Acts of the 76th
398-5 Legislature, Regular Session, 1999, by adding Subsection (d) to
398-6 read as follows:
398-7 (d) A physician assistant's signature attesting to the
398-8 provision of a service the physician assistant is legally
398-9 authorized to provide satisfies any documentation requirement for
398-10 that service established by a state agency.
398-11 (b) Section 7, Chapter 428, Acts of the 76th Legislature,
398-12 Regular Session, 1999, is repealed.
398-13 SECTION 14.055. Section 204.208(b), Occupations Code, is
398-14 amended to conform to Section 2, Chapter 908, Acts of the 76th
398-15 Legislature, Regular Session, 1999, to read as follows:
398-16 (b) Sections 160.002, 160.003, 160.006, 160.007(d), 160.009,
398-17 160.013, [and] 160.014, and 160.015 apply to medical peer review
398-18 relating to the practice of a physician assistant.
398-19 SECTION 14.056. (a) Section 205.052, Occupations Code, is
398-20 amended to conform to Section 2, Chapter 443, Acts of the 76th
398-21 Legislature, Regular Session, 1999, to read as follows:
398-22 Sec. 205.052. PUBLIC MEMBER ELIGIBILITY. A person is not
398-23 eligible for appointment as a public member of the acupuncture
398-24 board if the person or the person's spouse:
398-25 (1) is registered, certified, or licensed by an
398-26 occupational regulatory agency in the field of health care;
398-27 (2) is employed by or participates in the management
399-1 of a business entity or other organization regulated by the medical
399-2 board or receiving funds from the medical board or acupuncture
399-3 board;
399-4 (3) owns or controls, directly or indirectly, more
399-5 than a 10 percent interest in a business entity or other
399-6 organization regulated by the medical board or acupuncture board or
399-7 receiving funds from the medical board; [or]
399-8 (4) uses or receives a substantial amount of tangible
399-9 goods, services, or funds from the medical board or acupuncture
399-10 board, other than compensation or reimbursement authorized by law
399-11 for acupuncture board membership, attendance, or expenses; or
399-12 (5) owns, operates, or has a financial interest in a
399-13 school of acupuncture.
399-14 (b) Section 205.053, Occupations Code, is amended to conform
399-15 to Section 2, Chapter 443, Acts of the 76th Legislature, Regular
399-16 Session, 1999, by amending Subsections (b) and (c) and adding
399-17 Subsection (e) to read as follows:
399-18 (b) An officer, board member, employee, or paid consultant
399-19 of a Texas trade association in the field of health care may not be
399-20 a member of the acupuncture board or an employee of the medical
399-21 board who is exempt from the state's position classification plan
399-22 or is compensated at or above the amount prescribed by the General
399-23 Appropriations Act for step 1, salary group A17, of the position
399-24 classification salary schedule.
399-25 (c) A person who is the spouse of an officer, board member,
399-26 manager, or paid consultant of a Texas trade association in the
399-27 field of health care may not be a member of the acupuncture board
400-1 and may not be an employee of the medical board who is exempt from
400-2 the state's position classification plan or is compensated at or
400-3 above the amount prescribed by the General Appropriations Act for
400-4 step 1, salary group A17, of the position classification salary
400-5 schedule.
400-6 (e) A person may not serve on the acupuncture board if the
400-7 person owns, operates, or has a financial interest in a school of
400-8 acupuncture.
400-9 (c) Section 2, Chapter 443, Acts of the 76th Legislature,
400-10 Regular Session, 1999, is repealed.
400-11 SECTION 14.057. (a) Section 205.203(b), Occupations Code, is
400-12 amended to conform to Section 3, Chapter 443, Acts of the 76th
400-13 Legislature, Regular Session, 1999, to read as follows:
400-14 (b) To be eligible for the examination, an applicant must:
400-15 (1) be at least 21 years of age;
400-16 (2) have completed at least 60 [48] semester hours of
400-17 college courses, including basic science courses as determined by
400-18 the acupuncture board; and
400-19 (3) be a graduate of an acupuncture school with
400-20 entrance requirements and a course of instruction that meet
400-21 standards set under Section 205.206.
400-22 (b) Subchapter E, Chapter 205, Occupations Code, is amended
400-23 to conform to Section 3, Chapter 443, Acts of the 76th Legislature,
400-24 Regular Session, 1999, by adding Section 205.2045 to read as
400-25 follows:
400-26 Sec. 205.2045. APPEARANCE OF APPLICANT BEFORE ACUPUNCTURE
400-27 BOARD. An applicant for a license to practice acupuncture may not
401-1 be required to appear before the acupuncture board or a committee
401-2 of the acupuncture board unless the application raises questions
401-3 concerning:
401-4 (1) a physical or mental impairment of the applicant;
401-5 (2) a criminal conviction of the applicant; or
401-6 (3) revocation of a professional license held by the
401-7 applicant.
401-8 (c) Section 3, Chapter 443, Acts of the 76th Legislature,
401-9 Regular Session, 1999, is repealed.
401-10 SECTION 14.058. (a) Subchapter F, Chapter 205, Occupations
401-11 Code, is amended to conform to Section 4, Chapter 443, Acts of the
401-12 76th Legislature, Regular Session, 1999, by adding Section 205.255
401-13 to read as follows:
401-14 Sec. 205.255. CONTINUING EDUCATION. (a) The acupuncture
401-15 board by rule may require a license holder to complete a certain
401-16 number of hours of continuing education courses approved by the
401-17 acupuncture board to renew a license.
401-18 (b) The acupuncture board shall consider the approval of a
401-19 course conducted by:
401-20 (1) a knowledgeable health care provider; or
401-21 (2) a reputable school, state, or professional
401-22 organization.
401-23 (b) Section 4, Chapter 443, Acts of the 76th Legislature,
401-24 Regular Session, 1999, is repealed.
401-25 SECTION 14.059. (a) Section 205.303(a), Occupations Code, is
401-26 amended to conform to Section 1, Chapter 443, Acts of the 76th
401-27 Legislature, Regular Session, 1999, to read as follows:
402-1 (a) The medical board may certify a person as an acudetox
402-2 specialist under this section if the person:
402-3 (1) provides to the medical board documentation that
402-4 the person:
402-5 (A) is a certified social worker, licensed
402-6 professional counselor, licensed psychologist, licensed chemical
402-7 dependency counselor, licensed vocational nurse, or licensed
402-8 registered nurse; and
402-9 (B) has successfully completed a training
402-10 program in acupuncture detoxification that meets guidelines
402-11 approved by the medical board; and
402-12 (2) pays a certification fee in an amount set by the
402-13 medical board.
402-14 (b) Section 1, Chapter 443, Acts of the 76th Legislature,
402-15 Regular Session, 1999, is repealed.
402-16 SECTION 14.060. Section 205.304, Occupations Code, is
402-17 amended to conform to Section 2, Chapter 908, Acts of the 76th
402-18 Legislature, Regular Session, 1999, to read as follows:
402-19 Sec. 205.304. PROFESSIONAL REVIEW ACTION. Sections 160.002,
402-20 160.003, 160.006, 160.007(d), 160.013, [and] 160.014, and 160.015
402-21 apply to professional review actions relating to the practice of
402-22 acupuncture by an acupuncturist or acupuncturist student.
402-23 PART 5. CHANGES RELATING TO SUBTITLE D,
402-24 TITLE 3, OCCUPATIONS CODE
402-25 SECTION 14.071. (a) Section 251.004, Occupations Code, is
402-26 amended to conform to Section 18, Chapter 627, Acts of the 76th
402-27 Legislature, Regular Session, 1999, to read as follows:
403-1 Sec. 251.004. EXEMPTION FROM PRACTICE OF DENTISTRY. (a) A
403-2 person does not practice dentistry as provided by Section 251.003
403-3 if the person is:
403-4 (1) a faculty member of a reputable dental or dental
403-5 hygiene school in which the member performs services for the sole
403-6 benefit of the school;
403-7 (2) a student of a reputable dental school who
403-8 performs the student's operations without pay, except for actual
403-9 cost of materials, in the presence of and under the direct personal
403-10 supervision of a demonstrator or teacher who is a faculty member of
403-11 a reputable dental school;
403-12 (3) a person:
403-13 (A) who performs laboratory work only on inert
403-14 matter; and
403-15 (B) who does not solicit or obtain work by any
403-16 means from a person who is not a licensed dentist engaged in the
403-17 practice of dentistry and does not act as the agent or solicitor
403-18 of, and does not have any interest in, a dental office or practice
403-19 or the receipts of a dental office or practice;
403-20 (4) a physician licensed in this state who does not
403-21 represent that the person is practicing dentistry, including a
403-22 physician who extracts teeth or applies pain relief in the regular
403-23 practice of the physician's profession;
403-24 (5) a dental hygienist:
403-25 (A) who is authorized to practice dental hygiene
403-26 in this state; and
403-27 (B) who practices dental hygiene in strict
404-1 conformity with the state law regulating the practice of dental
404-2 hygiene;
404-3 (6) a person who is a member of an established church
404-4 and practices healing by prayer only;
404-5 (7) an employee of a licensed dentist in this state
404-6 who makes dental x-rays in the dental office under the supervision
404-7 of the dentist;
404-8 (8) a Dental Health Service Corporation chartered
404-9 under Section A(1), Article 2.01, Texas Non-Profit Corporation Act
404-10 (Article 1396-2.01, Vernon's Texas Civil Statutes);
404-11 (9) a dental intern or dental resident as defined and
404-12 regulated by board rules;
404-13 (10) a student:
404-14 (A) who is in a dental hygiene program
404-15 accredited by the Commission on Dental Accreditation of the
404-16 American Dental Association and operated at an accredited
404-17 institution of higher education;
404-18 (B) who practices dental hygiene without pay
404-19 under the general supervision of a dentist and under the
404-20 supervision of a demonstrator or teacher who is a faculty member of
404-21 the program:
404-22 (i) in a clinic operated for the sole
404-23 benefit of the program's institution of higher education; or
404-24 (ii) in a clinic operated by a government
404-25 or nonprofit organization that serves underserved populations as
404-26 determined by board rule; and
404-27 (C) who practices in strict conformity with
405-1 state law regulating the practice of dental hygiene;
405-2 (11) a dental assistant who performs duties permitted
405-3 under Chapter 265, in strict conformity with state law; [or]
405-4 (12) a dentist or dental hygienist licensed by another
405-5 state or a foreign country who performs a clinical procedure only
405-6 as a demonstration for professional and technical education
405-7 purposes, if the dentist or dental hygienist first obtains from the
405-8 board a temporary license for that purpose;
405-9 (13) a dental hygienist who is a faculty member of a
405-10 dental or dental hygiene school while practicing dental hygiene:
405-11 (A) under the supervision of a dentist licensed
405-12 in this state or of a teacher or demonstrator who is a dentist
405-13 faculty member of the school; and
405-14 (B) in strict conformity with state law
405-15 regulating the practice of dental hygiene;
405-16 (14) a dentist who is in a remedial training program
405-17 sponsored by the Commission on Dental Accreditation of the American
405-18 Dental Association at an accredited dental or dental hygiene
405-19 school;
405-20 (15) a dental hygienist who is in a remedial training
405-21 program sponsored by the Commission on Dental Accreditation of the
405-22 American Dental Association at an accredited dental or dental
405-23 hygiene school and who acts in strict conformity with state law
405-24 regulating the practice of dental hygiene, except that supervision
405-25 may be provided by a demonstrator or teacher who is a dentist
405-26 member of the program;
405-27 (16) a dentist who is not licensed in this state and
406-1 who is taking the dental clinical examination offered by the
406-2 Western Regional Examining Board in this state;
406-3 (17) a dental hygienist who is not licensed in this
406-4 state and who is taking the dental hygiene clinical examination
406-5 offered by the Western Regional Examining Board in this state if
406-6 participation is in strict conformity with state law regulating the
406-7 practice of dental hygiene, except that supervision may be provided
406-8 by a dentist whose services are secured by the Western Regional
406-9 Examining Board;
406-10 (18) a dentist whose license is in retired status or
406-11 who is licensed in another state and is attending a continuing
406-12 education clinical program offered at a dental or dental hygiene
406-13 school accredited by the Commission on Dental Accreditation of the
406-14 American Dental Association; or
406-15 (19) a dental hygienist whose dental hygienist license
406-16 is in retired status or who is licensed in another state and is
406-17 attending a continuing education clinical program offered at a
406-18 dental or dental hygiene school accredited by the Commission on
406-19 Dental Accreditation of the American Dental Association if tasks
406-20 are performed in strict conformity with state law regulating the
406-21 practice of dental hygiene, except that supervision may be provided
406-22 by a dentist member of the program.
406-23 (b) A person's activities described by Subsections (a)(14),
406-24 (15), and (18) are considered not to be the practice of dentistry
406-25 only to the extent the person is participating in the specified
406-26 program.
406-27 (b) Section 18, Chapter 627, Acts of the 76th Legislature,
407-1 Regular Session, 1999, is repealed.
407-2 SECTION 14.072. (a) Sections 252.003(b) and (c), Occupations
407-3 Code, are amended to conform to Section 1, Chapter 627, Acts of the
407-4 76th Legislature, Regular Session, 1999, to read as follows:
407-5 (b) An officer, employee, or paid consultant of a Texas
407-6 trade association in the field of health care may not be a member
407-7 or employee of the board who is exempt from the state's position
407-8 classification plan or is compensated at or above the amount
407-9 prescribed by the General Appropriations Act for B9 [step 1, salary
407-10 group A17,] of the position classification salary schedule.
407-11 (c) A person who is the spouse of an officer, manager, or
407-12 paid consultant of a Texas trade association in the field of health
407-13 care may not be a board member and may not be a board employee who
407-14 is exempt from the state's position classification plan or is
407-15 compensated at or above the amount prescribed by the General
407-16 Appropriations Act for B9 [step 1, salary group A17,] of the
407-17 position classification salary schedule.
407-18 (b) Section 1, Chapter 627, Acts of the 76th Legislature,
407-19 Regular Session, 1999, is repealed.
407-20 SECTION 14.073. (a) Section 253.003(b), Occupations Code, is
407-21 amended to conform to Section 5, Chapter 627, Acts of the 76th
407-22 Legislature, Regular Session, 1999, to read as follows:
407-23 (b) The board may employ:
407-24 (1) committees, clerks, advisors, consultants,
407-25 dentists, hygienists, or examiners to assist the board in
407-26 performing its duties; and
407-27 (2) other persons determined necessary:
408-1 (A) to assist the local prosecuting officers of
408-2 a county in the enforcement of state laws prohibiting the unlawful
408-3 practice of dentistry; and
408-4 (B) to carry out other purposes for which funds
408-5 are appropriated.
408-6 (b) Section 5, Chapter 627, Acts of the 76th Legislature,
408-7 Regular Session, 1999, is repealed.
408-8 SECTION 14.074. (a) Chapter 254, Occupations Code, is
408-9 amended to conform to Section 17, Chapter 627, Acts of the 76th
408-10 Legislature, Regular Session, 1999, by adding Section 254.0011 to
408-11 read as follows:
408-12 Sec. 254.0011. RULES RELATING TO CONTROL OF DENTAL PRACTICE.
408-13 (a) The board may adopt rules relating to the practice of
408-14 dentistry as described by Section 251.003(a)(9) to prohibit a
408-15 dentist from engaging in contracts that allow a person who is not a
408-16 dentist to influence or interfere with the exercise of the
408-17 dentist's independent professional judgment.
408-18 (b) Rules adopted by the board under this subtitle may not
408-19 preclude a dentist's right to contract with a management service
408-20 organization. Rules affecting contracts for provision of
408-21 management services apply the same to dentists contracting with
408-22 management service organizations and to dentists otherwise
408-23 contracting for management services.
408-24 (b) Section 17, Chapter 627, Acts of the 76th Legislature,
408-25 Regular Session, 1999, is repealed.
408-26 SECTION 14.075. (a) Section 254.004(b), Occupations Code, is
408-27 amended to conform to Section 16, Chapter 627, Acts of the 76th
409-1 Legislature, Regular Session, 1999, to read as follows:
409-2 (b) The amount of the dental application [examination] fee
409-3 and dentist annual renewal fee is the amount set by the board under
409-4 Subsection (a) and an additional charge of $200. Of each fee
409-5 increase collected under this subsection, $50 shall be deposited to
409-6 the credit of the foundation school fund and $150 shall be
409-7 deposited to the credit of the general revenue fund.
409-8 (b) Section 16, Chapter 627, Acts of the 76th Legislature,
409-9 Regular Session, 1999, is repealed.
409-10 SECTION 14.076. (a) Section 254.006, Occupations Code, is
409-11 amended to conform to Section 3, Chapter 1204, Acts of the 76th
409-12 Legislature, Regular Session, 1999, and Section 12, Chapter 627,
409-13 Acts of the 76th Legislature, Regular Session, 1999, by amending
409-14 Subsection (b) and adding Subsection (c) to read as follows:
409-15 (b) Investigation files and other records are confidential
409-16 and shall be divulged only to the persons investigated at the
409-17 completion of the investigation. The board may share investigation
409-18 files and other records with another state regulatory agency or a
409-19 local, state, or federal law enforcement agency [during a joint
409-20 investigation or in determining the feasibility of conducting an
409-21 investigation].
409-22 (c) The exception from public disclosure of investigation
409-23 files and records provided by this section does not apply to the
409-24 disclosure of a disciplinary action of the board, including:
409-25 (1) the revocation or suspension of a license;
409-26 (2) the imposition of a fine on a license holder;
409-27 (3) the placement on probation with conditions of a
410-1 license holder whose license has been suspended;
410-2 (4) the reprimand of a license holder; or
410-3 (5) the issuance of a warning letter to a license
410-4 holder.
410-5 (b) Section 254.007(a), Occupations Code, is amended to
410-6 conform to Section 12, Chapter 627, Acts of the 76th Legislature,
410-7 Regular Session, 1999, to read as follows:
410-8 (a) The board shall keep records of the name, permanent
410-9 address [residence], and place of business of each person
410-10 authorized under this subtitle to practice dentistry, dental
410-11 hygiene, or another profession or business under the board's
410-12 jurisdiction as provided by law.
410-13 (c) Section 256.105(a), Occupations Code, is amended to
410-14 conform to Section 12, Chapter 627, Acts of the 76th Legislature,
410-15 Regular Session, 1999, to read as follows:
410-16 (a) Each dentist, dental hygienist, dental laboratory, and
410-17 dental technician licensed or registered with the board shall
410-18 timely notify the board in writing of:
410-19 (1) any change of address of the person's place of
410-20 business; and
410-21 (2) any change of employers for the dentist, dental
410-22 hygienist, dental laboratory, or dental technician, and any change
410-23 of owners for the dental laboratory.
410-24 (d) The following are repealed:
410-25 (1) Section 3, Chapter 1204, Acts of the 76th
410-26 Legislature, Regular Session, 1999; and
410-27 (2) Section 12, Chapter 627, Acts of the 76th
411-1 Legislature, Regular Session, 1999.
411-2 SECTION 14.077. (a) Section 254.008(a), Occupations Code, is
411-3 amended to conform to Section 26, Chapter 627, Acts of the 76th
411-4 Legislature, Regular Session, 1999, to read as follows:
411-5 (a) In the absence of fraud, conspiracy, or malice, a member
411-6 of the board, a full-time or part-time employee of the board, a
411-7 person who contracts with the board, a witness called to testify by
411-8 the board, or a consultant or hearing officer appointed by the
411-9 board is not liable or subject to suit in a civil action for any
411-10 damage caused by the person for an investigation, report,
411-11 recommendation, statement, evaluation, finding, order, or award
411-12 made in the performance of the person's official duties.
411-13 (b) Section 26, Chapter 627, Acts of the 76th Legislature,
411-14 Regular Session, 1999, is repealed.
411-15 SECTION 14.078. (a) Section 255.008(a), Occupations Code, is
411-16 amended to conform to Section 15, Chapter 627, Acts of the 76th
411-17 Legislature, Regular Session, 1999, to read as follows:
411-18 (a) The board shall develop and implement policies that
411-19 provide the public with a reasonable opportunity to appear before
411-20 the board and to speak on any issue under the board's jurisdiction,
411-21 except to the extent the communication would be ex parte under any
411-22 law.
411-23 (b) Section 15, Chapter 627, Acts of the 76th Legislature,
411-24 Regular Session, 1999, is repealed.
411-25 SECTION 14.079. (a) Section 256.002, Occupations Code, is
411-26 amended to conform to Sections 2 and 3, Chapter 627, Acts of the
411-27 76th Legislature, Regular Session, 1999, to read as follows:
412-1 Sec. 256.002. MINIMUM QUALIFICATIONS OF DENTAL APPLICANT.
412-2 (a) An applicant for a license to practice dentistry must:
412-3 (1) be at least 21 years of age;
412-4 (2) be [present evidence] of good moral character; and
412-5 (3) present proof of:
412-6 (A) graduation from a dental school accredited
412-7 by the Commission on Dental Accreditation of the American Dental
412-8 Association; or
412-9 (B) graduation from a dental school that is not
412-10 accredited by the commission and successful completion of training
412-11 in an American Dental Association approved specialty in an
412-12 education program accredited by the commission that consists of at
412-13 least two years of training as specified by the Council on Dental
412-14 Education.
412-15 (b) The board shall grant a dental license to an applicant
412-16 who:
412-17 (1) meets the qualifications of this section;
412-18 (2) pays an application [examination] fee set by the
412-19 board; and
412-20 (3) satisfactorily passes the examination required by
412-21 the board.
412-22 (b) Section 256.003(d), Occupations Code, is amended to
412-23 conform to Section 2, Chapter 627, Acts of the 76th Legislature,
412-24 Regular Session, 1999, to read as follows:
412-25 (d) The board shall have the written portion of the board's
412-26 jurisprudence examination validated by an independent testing
412-27 professional.
413-1 (c) Section 256.005, Occupations Code, is amended to conform
413-2 to Section 2, Chapter 627, Acts of the 76th Legislature, Regular
413-3 Session, 1999, by adding Subsection (d) to read as follows:
413-4 (d) If the board contracts with an independent or regional
413-5 testing service, this section does not apply. The contract with
413-6 the testing service must provide for the notification of results as
413-7 provided by Subsection (a).
413-8 (d) Section 257.005(a), Occupations Code, is amended to
413-9 conform to Sections 2 and 23, Chapter 627, Acts of the 76th
413-10 Legislature, Regular Session, 1999, to read as follows:
413-11 (a) The board shall develop a mandatory continuing education
413-12 program for licensed dentists and dental hygienists. The board by
413-13 rule shall require a license holder to complete at least 12 [36]
413-14 hours of continuing education for [in] each annual registration
413-15 [three-year] period to renew the license for a subsequent annual
413-16 period [maintain the person's license].
413-17 (e) Section 256.004, Occupations Code, is repealed to
413-18 conform to Section 2, Chapter 627, Acts of the 76th Legislature,
413-19 Regular Session, 1999.
413-20 (f) Sections 2, 3, and 23, Chapter 627, Acts of the 76th
413-21 Legislature, Regular Session, 1999, are repealed.
413-22 SECTION 14.080. (a) Section 256.053, Occupations Code, is
413-23 amended to conform to Section 19, Chapter 627, Acts of the 76th
413-24 Legislature, Regular Session, 1999, to read as follows:
413-25 Sec. 256.053. ELIGIBILITY FOR LICENSE. (a) An [To qualify
413-26 for a license, an] applicant for a license to practice dental
413-27 hygiene in this state must be:
414-1 (1) at least 18 years of age;
414-2 (2) of good moral character;
414-3 (3) a graduate of an accredited high school or hold a
414-4 certificate of high school equivalency; and
414-5 (4) [(3)] a graduate of a recognized school of
414-6 dentistry or dental hygiene accredited by the Commission on Dental
414-7 Accreditation of the American Dental Association and approved by
414-8 the board.
414-9 (b) A school of dentistry or dental hygiene described by
414-10 Subsection (a)(4) must include at least two full academic years of
414-11 instruction or its equivalent at the postsecondary level.
414-12 (b) Section 19, Chapter 627, Acts of the 76th Legislature,
414-13 Regular Session, 1999, is repealed.
414-14 SECTION 14.081. (a) Section 256.054, Occupations Code, is
414-15 amended to conform to Section 22, Chapter 627, Acts of the 76th
414-16 Legislature, Regular Session, 1999, to read as follows:
414-17 Sec. 256.054. APPLICATION FOR EXAMINATION. To take the
414-18 examination under Section 256.055, an applicant for a license must:
414-19 (1) submit an application on a form prescribed by the
414-20 board;
414-21 (2) pay the application fee set by the board;
414-22 (3) attach to the application:
414-23 (A) proof of current certification in
414-24 cardiopulmonary resuscitation approved by the American Heart
414-25 Association or American Red Cross; or
414-26 (B) if the applicant is not physically able to
414-27 comply with the certification requirements of Paragraph (A), a
415-1 written statement describing the person's physical incapacity
415-2 executed by a licensed physician or an instructor in
415-3 cardiopulmonary resuscitation approved by the American Heart
415-4 Association or American Red Cross; and
415-5 (4) provide any other information the board requires
415-6 to determine the applicant's qualifications.
415-7 (b) Section 256.055(d), Occupations Code, is amended to
415-8 conform to Section 22, Chapter 627, Acts of the 76th Legislature,
415-9 Regular Session, 1999, to read as follows:
415-10 (d) The board shall have the written portion of the board's
415-11 jurisprudence examination validated by an independent testing
415-12 professional.
415-13 (c) Section 256.056, Occupations Code, is amended to conform
415-14 to Section 22, Chapter 627, Acts of the 76th Legislature, Regular
415-15 Session, 1999, to read as follows:
415-16 Sec. 256.056. EXAMINATION RESULTS. (a) The board shall
415-17 notify each examinee of the results of the examination within a
415-18 reasonable time after the date of the examination.
415-19 (b) If the board contracts with an independent or regional
415-20 testing service, the contract with the service must provide for the
415-21 notification of results.
415-22 (d) Section 22, Chapter 627, Acts of the 76th Legislature,
415-23 Regular Session, 1999, is repealed.
415-24 SECTION 14.082. (a) Section 256.101(a), Occupations Code, is
415-25 amended to conform to Section 4, Chapter 627, Acts of the 76th
415-26 Legislature, Regular Session, 1999, to read as follows:
415-27 (a) The board shall issue a license to practice dentistry to
416-1 a reputable dentist or a license to practice dental hygiene to a
416-2 reputable [dentist or] dental hygienist who:
416-3 (1) pays the fee set by the board;
416-4 (2) is licensed in good standing as a dentist or
416-5 dental hygienist in another state that has licensing requirements
416-6 substantially equivalent to the requirements of this subtitle;
416-7 (3) has not been the subject of a final disciplinary
416-8 action and is not the subject of a pending disciplinary action in
416-9 any jurisdiction in which the dentist or dental hygienist is or has
416-10 been licensed;
416-11 (4) has graduated from a dental or dental hygiene
416-12 school accredited by the Commission on Dental Accreditation of the
416-13 American Dental Association and approved by the board under board
416-14 rule;
416-15 (5) has passed a national or other examination
416-16 relating to dentistry or dental hygiene and recognized by the
416-17 board;
416-18 (6) has passed the board's jurisprudence examination;
416-19 (7) has submitted documentation of current
416-20 cardiopulmonary resuscitation certification;
416-21 (8) has practiced dentistry or dental hygiene:
416-22 (A) for at least the five years preceding the
416-23 date of application for a license under this section; or
416-24 (B) as a dental educator at a dental school or
416-25 dental hygiene school accredited by the Commission on Dental
416-26 Accreditation of the American Dental Association for at least the
416-27 five years preceding the date of application for a license under
417-1 this section;
417-2 (9) has been endorsed by the board of dentistry in the
417-3 jurisdiction in which the applicant practices at the time of
417-4 application; and
417-5 (10) meets any additional criteria established by
417-6 board rule.
417-7 (b) Section 4, Chapter 627, Acts of the 76th Legislature,
417-8 Regular Session, 1999, is repealed.
417-9 SECTION 14.083. (a) Section 256.103, Occupations Code, is
417-10 amended to conform to Section 6, Chapter 627, Acts of the 76th
417-11 Legislature, Regular Session, 1999, to read as follows:
417-12 Sec. 256.103. DISPLAY OF ANNUAL REGISTRATION CERTIFICATE
417-13 [DENTIST'S LICENSE]. (a) A licensed dentist or dental hygienist
417-14 shall display the person's current registration certificate
417-15 [dentist's license issued by the board] in each [the dentist's]
417-16 office in which the person provides dental services [the patient's
417-17 plain view]. If the dentist or dental hygienist provides dental
417-18 services at more than one location, the person may display a
417-19 duplicate of the original registration certificate obtained from
417-20 the board on payment of a duplicate certificate fee set by the
417-21 board.
417-22 (b) A licensed dentist may not operate on a patient's mouth
417-23 or treat lesions of the mouth or teeth unless the dentist displays
417-24 the dentist's registration certificate [license].
417-25 (b) Section 6, Chapter 627, Acts of the 76th Legislature,
417-26 Regular Session, 1999, is repealed.
417-27 SECTION 14.084. (a) Sections 257.002(c) and (d), Occupations
418-1 Code, are amended to conform to Section 14, Chapter 627, Acts of
418-2 the 76th Legislature, Regular Session, 1999, to read as follows:
418-3 (c) A person whose license has been expired for 90 days or
418-4 less may renew the license by paying to the board the required
418-5 renewal fee and a fee that is equal to half of the amount of the
418-6 license application [examination] fee. A person whose license has
418-7 been expired for more than 90 days but less than one year may renew
418-8 the license by paying to the board all unpaid renewal fees and a
418-9 fee that is equal to the amount of the license application
418-10 [examination] fee.
418-11 (d) Except as provided by [Section 256.102 or] Section
418-12 257.003, a person whose license has been expired for one year or
418-13 longer may not renew the license. The person may obtain a new
418-14 license by submitting to reexamination and complying with the
418-15 requirements and procedures for obtaining an original license.
418-16 (b) Section 257.003, Occupations Code, is amended to conform
418-17 to Section 14, Chapter 627, Acts of the 76th Legislature, Regular
418-18 Session, 1999, to read as follows:
418-19 Sec. 257.003. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
418-20 PRACTITIONER. The board by rule may provide for renewal of an
418-21 expired license without reexamination for a person who was licensed
418-22 in this state, moved to another state, and is currently licensed
418-23 and has been in practice in the other state for the two years
418-24 preceding the date the person applied for renewal. The person must
418-25 pay to the board a fee that is equal to the amount of the license
418-26 application [examination] fee.
418-27 (c) Section 14, Chapter 627, Acts of the 76th Legislature,
419-1 Regular Session, 1999, is repealed.
419-2 SECTION 14.085. (a) Section 257.004, Occupations Code, is
419-3 amended to conform to Section 13, Chapter 627, Acts of the 76th
419-4 Legislature, Regular Session, 1999, to read as follows:
419-5 Sec. 257.004. CARDIOPULMONARY RESUSCITATION [CERTIFICATION]
419-6 REQUIREMENTS [FOR DENTAL HYGIENISTS]. (a) A person holding a
419-7 dental or dental hygienist license must attach to the person's
419-8 renewal application:
419-9 (1) proof that the applicant has successfully
419-10 completed a [of] current course [certification] in cardiopulmonary
419-11 resuscitation approved by the American Heart Association or
419-12 American Red Cross; or
419-13 (2) if the person is not physically able to comply
419-14 with the [certification] requirements of Subdivision (1), a written
419-15 statement describing the person's physical incapacity executed by a
419-16 licensed physician or an instructor in cardiopulmonary
419-17 resuscitation approved by the American Heart Association or
419-18 American Red Cross.
419-19 (b) A dentist or dental hygienist licensed by the board who
419-20 resides in a country other than the United States on the renewal
419-21 date of the person's license is exempt from the requirements of
419-22 Subsection (a) if the person submits proof of foreign residence
419-23 with the person's renewal application.
419-24 (b) Section 13, Chapter 627, Acts of the 76th Legislature,
419-25 Regular Session, 1999, is repealed.
419-26 SECTION 14.086. (a) Sections 258.051(b) and (c), Occupations
419-27 Code, are amended to conform to Section 11, Chapter 627, Acts of
420-1 the 76th Legislature, Regular Session, 1999, and Section 1, Chapter
420-2 1330, Acts of the 76th Legislature, Regular Session, 1999, to read
420-3 as follows:
420-4 (b) A dentist's records may not be sold, pledged as
420-5 collateral, or transferred to any person other than the patient
420-6 unless[:]
420-7 [(1) the other person is a dentist licensed by the
420-8 board; and]
420-9 [(2)] the transfer is made in compliance with
420-10 Subchapter C and board rules.
420-11 (c) This section does not prevent the voluntary submission
420-12 of records to an insurance company to determine benefits when
420-13 consent for the disclosure has been granted under Section 258.104.
420-14 (b) Chapter 258, Occupations Code, is amended to conform to
420-15 Section 11, Chapter 627, Acts of the 76th Legislature, Regular
420-16 Session, 1999, and Section 1, Chapter 1330, Acts of the 76th
420-17 Legislature, Regular Session, 1999, by adding Subchapter C to read
420-18 as follows:
420-19 SUBCHAPTER C. DENTAL PRIVILEGE
420-20 Sec. 258.101. DEFINITIONS. In this subchapter:
420-21 (1) "Dental record" means dental information about a
420-22 patient:
420-23 (A) created or maintained by a dentist; and
420-24 (B) relating to the history or treatment of the
420-25 patient.
420-26 (2) "Dentist" means a person licensed to practice
420-27 dentistry.
421-1 (3) "Patient" means a person who consults with a
421-2 dentist to receive dental care.
421-3 (4) "Privilege" means the confidentiality privilege
421-4 created by this subchapter.
421-5 Sec. 258.102. SCOPE OF PRIVILEGE. (a) The following
421-6 information is privileged and may not be disclosed except as
421-7 provided by this subchapter:
421-8 (1) a communication between a dentist and a patient
421-9 that relates to a professional service provided by the dentist; and
421-10 (2) a dental record.
421-11 (b) The privilege described by this section applies
421-12 regardless of when the patient received the professional service
421-13 from the dentist.
421-14 Sec. 258.103. HOLDER OF PRIVILEGE. (a) The patient is the
421-15 holder of the privilege.
421-16 (b) The following persons may claim the privilege on the
421-17 patient's behalf:
421-18 (1) a person authorized to act on the patient's
421-19 behalf;
421-20 (2) a dentist acting on the patient's behalf; and
421-21 (3) an agent or employee of a person listed in
421-22 Subdivision (1) or (2).
421-23 (c) A person's authority to claim the privilege is presumed
421-24 in the absence of evidence to the contrary.
421-25 Sec. 258.104. CONSENT TO DISCLOSURE OF PRIVILEGED
421-26 INFORMATION. (a) A person may disclose privileged information if
421-27 the patient consents to the disclosure as provided in this section.
422-1 (b) Consent for the release of privileged information must
422-2 be in writing and be signed by:
422-3 (1) the patient;
422-4 (2) a parent or legal guardian of the patient, if the
422-5 patient is a minor;
422-6 (3) a legal guardian of the patient, if the patient
422-7 has been adjudicated incompetent to manage the patient's personal
422-8 affairs;
422-9 (4) an attorney ad litem appointed for the patient, as
422-10 authorized by:
422-11 (A) Chapter 107, Family Code;
422-12 (B) Subtitle B, Title 6, Health and Safety Code;
422-13 (C) Subtitle C, Title 7, Health and Safety Code;
422-14 (D) Subtitle D, Title 7, Health and Safety Code;
422-15 (E) Subtitle E, Title 7, Health and Safety Code;
422-16 (F) Chapter V, Texas Probate Code; or
422-17 (G) any other law; or
422-18 (5) a personal representative of the patient, if the
422-19 patient is deceased.
422-20 (c) The consent required under this section must specify:
422-21 (1) the information covered by the release;
422-22 (2) the person to whom the information is to be
422-23 released; and
422-24 (3) the purpose for the release.
422-25 (d) A person may withdraw consent granted under this section
422-26 by notifying in writing the person who maintains the information.
422-27 Withdrawal of consent does not affect information disclosed before
423-1 the written notice of the withdrawal is delivered.
423-2 Sec. 258.105. EXCEPTION TO PRIVILEGE FOR CERTAIN
423-3 PROCEEDINGS. (a) The privilege does not apply in a court or
423-4 administrative proceeding if the proceeding is:
423-5 (1) brought by the patient against a dentist,
423-6 including a malpractice, criminal, or license revocation
423-7 proceeding, and the disclosure is relevant to a claim or defense of
423-8 the dentist; or
423-9 (2) to collect on a claim for dental services rendered
423-10 to the patient.
423-11 (b) The privilege does not apply to the disclosure of a
423-12 dental record:
423-13 (1) to the board in a disciplinary investigation or
423-14 proceeding against a dentist conducted under this subtitle; or
423-15 (2) in a criminal investigation or proceeding against
423-16 a dentist in which the board is participating or assisting by
423-17 providing a record obtained from the dentist.
423-18 (c) The board may not reveal the identity of a patient whose
423-19 dental record is disclosed under Subsection (b).
423-20 (d) Privileged information is discoverable in a criminal
423-21 prosecution if:
423-22 (1) the patient is a victim, witness, or defendant;
423-23 and
423-24 (2) the court in which the prosecution is pending
423-25 rules, after an in camera review, that the information is relevant
423-26 for discovery purposes.
423-27 (e) Privileged information is admissible in a criminal
424-1 prosecution if:
424-2 (1) the patient is a victim, witness, or defendant;
424-3 and
424-4 (2) the court in which the prosecution is pending
424-5 rules, after an in camera review, that the information is relevant.
424-6 (f) The privilege does not apply to a grand jury subpoena.
424-7 Sec. 258.106. EXCEPTION TO PRIVILEGE FOR CERTAIN DISCLOSURES
424-8 BY DENTIST. (a) The privilege does not apply to the disclosure of
424-9 information by a dentist to:
424-10 (1) a governmental agency, if:
424-11 (A) the disclosure is required by another law;
424-12 and
424-13 (B) the agency agrees to keep confidential the
424-14 identity of a patient whose dental record is disclosed;
424-15 (2) medical or law enforcement personnel, if the
424-16 dentist determines that it is more likely than not that the
424-17 following will occur:
424-18 (A) imminent physical injury to the patient, the
424-19 dentist, or others; or
424-20 (B) immediate mental or emotional injury to the
424-21 patient;
424-22 (3) a person in relation to a management or financial
424-23 audit, program evaluation, or research, if the person agrees to
424-24 keep confidential the identity of a patient whose dental record is
424-25 disclosed;
424-26 (4) a person involved in the payment or collection of
424-27 fees for services rendered by a dentist, if necessary; or
425-1 (5) another dentist, or a person under the direction
425-2 of the dentist, who participates in the diagnosis, evaluation, or
425-3 treatment of the patient.
425-4 (b) A person who receives information under Subsection
425-5 (a)(3) may not disclose a patient's identity in writing.
425-6 (c) A record reflecting a charge or specific service
425-7 provided may be disclosed only when necessary in the collection of
425-8 fees for a service provided by a dentist, professional association,
425-9 or other entity qualified to provide or arrange for a service.
425-10 Sec. 258.107. EXCEPTION TO PRIVILEGE FOR CERTAIN LEGISLATIVE
425-11 INQUIRIES. A state hospital or state school may disclose a dental
425-12 record if:
425-13 (1) the state hospital or state school created the
425-14 record;
425-15 (2) an inquiry authorized by the legislature requests
425-16 the information; and
425-17 (3) the entity receiving the record agrees not to
425-18 disclose a patient's identity.
425-19 Sec. 258.108. LIMIT ON DISCLOSURE. A person who receives
425-20 privileged information may disclose the information to another
425-21 person only to the extent consistent with the purpose for which the
425-22 information was obtained.
425-23 Sec. 258.109. REQUEST FOR DENTAL RECORD: TIMING; EXCEPTION.
425-24 (a) If disclosure of a dental record is authorized under this
425-25 subchapter, a dentist shall disclose the dental record within a
425-26 reasonable period after it is requested but not later than:
425-27 (1) the 30th day after the date on which it is
426-1 requested from the dentist; or
426-2 (2) a date ordered by a court.
426-3 (b) A dentist may refuse to disclose the requested record if
426-4 the dentist determines that providing the information would be
426-5 harmful to the physical, mental, or emotional health of the
426-6 patient, except that requests from the board may not be refused.
426-7 If the dentist determines that disclosing the record would be
426-8 harmful, the dentist shall notify the person requesting the record
426-9 and explain why the information would be harmful. The person
426-10 requesting the record may challenge in court the dentist's refusal
426-11 to disclose the record. If the court finds that the dentist made
426-12 the refusal in bad faith, the court may order the disclosure of the
426-13 record and award costs and attorney's fees incurred by the person
426-14 to obtain the information.
426-15 (c) In disclosing a dental record under this section, a
426-16 dentist shall redact privileged information about another person.
426-17 (d) A dentist may charge a reasonable fee for providing a
426-18 dental record under this section. For purposes of this subsection,
426-19 a fee established under Section 241.154, Health and Safety Code,
426-20 is a reasonable fee.
426-21 (c) The following are repealed:
426-22 (1) Section 11, Chapter 627, Acts of the 76th
426-23 Legislature, Regular Session, 1999; and
426-24 (2) Section 1, Chapter 1330, Acts of the 76th
426-25 Legislature, Regular Session, 1999.
426-26 SECTION 14.087. (a) Section 259.003(a), Occupations Code, is
426-27 amended to conform to Section 7, Chapter 627, Acts of the 76th
427-1 Legislature, Regular Session, 1999, to read as follows:
427-2 (a) A person may use a corporation, company, association, or
427-3 trade name, provided that each patient shall be given the name of
427-4 the treating dentist, in writing, either before or after each
427-5 office visit.
427-6 (b) Section 7, Chapter 627, Acts of the 76th Legislature,
427-7 Regular Session, 1999, is repealed.
427-8 SECTION 14.088. (a) Section 259.008, Occupations Code, is
427-9 amended to conform to Section 8, Chapter 627, Acts of the 76th
427-10 Legislature, Regular Session, 1999, to read as follows:
427-11 Sec. 259.008. UNPROFESSIONAL CONDUCT. A person may not
427-12 directly or indirectly engage in unprofessional conduct relating to
427-13 dentistry, including:
427-14 (1) obtaining or attempting to collect a fee by fraud
427-15 or misrepresentation;
427-16 (2) orally [verbally] soliciting dental business if
427-17 the solicitation is:
427-18 (A) directed to an individual or a group of less
427-19 than five individuals; and
427-20 (B) made for the primary purpose of attracting
427-21 the individual or the group to a particular dental practice;
427-22 (3) employing, directly or indirectly, or permitting
427-23 an unlicensed person to perform dental services on a person, except
427-24 as authorized by law;
427-25 (4) claiming or circulating a statement of:
427-26 (A) professional superiority; or
427-27 (B) performance of professional services in a
428-1 superior manner;
428-2 (5) forging, altering, or changing a legal document
428-3 relating to the practice of dentistry, including a diploma,
428-4 license, registration certificate, or transcript;
428-5 (6) being a party to or benefiting from the forgery,
428-6 alteration, or changing of a legal document relating to the
428-7 practice of dentistry;
428-8 (7) making a false statement or misusing a legal
428-9 document relating to the practice of dentistry;
428-10 (8) accepting employment as a dentist under a false,
428-11 misleading, or deceptive referral scheme;
428-12 (9) advertising the performance of dental work without
428-13 pain or discomfort to the patient; or
428-14 (10) advertising a prediction of future satisfaction
428-15 or success of a dental service.
428-16 (b) Section 8, Chapter 627, Acts of the 76th Legislature,
428-17 Regular Session, 1999, is repealed.
428-18 SECTION 14.089. (a) Section 262.056, Occupations Code, is
428-19 amended to conform to Section 21, Chapter 627, Acts of the 76th
428-20 Legislature, Regular Session, 1999, to read as follows:
428-21 Sec. 262.056. PER DIEM; REIMBURSEMENT. (a) An advisory
428-22 committee member is entitled to[:]
428-23 [(1)] the per diem set by the General Appropriations
428-24 Act for each day the member engages in committee business[; and]
428-25 [(2) transportation expenses as provided by the
428-26 General Appropriations Act].
428-27 (b) An advisory committee member may receive [is not
429-1 entitled to] reimbursement for travel expenses, including expenses
429-2 for meals and lodging [except as provided by Subsection (a)(2)].
429-3 (b) Section 21, Chapter 627, Acts of the 76th Legislature,
429-4 Regular Session, 1999, is repealed.
429-5 SECTION 14.090. (a) Subchapter B, Chapter 262, Occupations
429-6 Code, is amended to conform to Section 24, Chapter 627, Acts of the
429-7 76th Legislature, Regular Session, 1999, by adding Section 262.057
429-8 to read as follows:
429-9 Sec. 262.057. APPLICATION OF SUNSET ACT TO ADVISORY
429-10 COMMITTEE. The advisory committee is subject to Chapter 325,
429-11 Government Code (Texas Sunset Act). Unless continued in existence
429-12 as provided by that chapter, the advisory committee is abolished
429-13 September 1, 2005. An advisory committee is abolished on the date
429-14 set for abolition of the agency unless the advisory committee is
429-15 expressly continued by law as established by the legislature.
429-16 (b) Section 24, Chapter 627, Acts of the 76th Legislature,
429-17 Regular Session, 1999, is repealed.
429-18 SECTION 14.091. (a) Section 262.152, Occupations Code, is
429-19 amended to conform to Section 20, Chapter 627, Acts of the 76th
429-20 Legislature, Regular Session, 1999, to read as follows:
429-21 Sec. 262.152. PERFORMANCE OF DELEGATED DUTIES. [(a)] A
429-22 dental hygienist shall practice dental hygiene:
429-23 (1) in the [a supervising dentist's] dental office of
429-24 a supervising dentist licensed by the board; or
429-25 (2) in an alternate setting, including a nursing home,
429-26 [or] the patient's home, a school, a hospital, a state institution,
429-27 a public health clinic, or another institution, under the
430-1 supervision of a supervising dentist.
430-2 [(b) A dental hygienist who practices dental hygiene under
430-3 Subsection (a)(1) must be employed by a supervising dentist who is
430-4 licensed by the board.]
430-5 [(c) This section does not apply if the dental hygienist is
430-6 employed by a school, hospital, state institution, public health
430-7 clinic, or other institution that has been approved by the board as
430-8 a proper location for the performance of a dental procedure.]
430-9 (b) Section 20, Chapter 627, Acts of the 76th Legislature,
430-10 Regular Session, 1999, is repealed.
430-11 SECTION 14.092. (a) Section 263.001, Occupations Code, is
430-12 amended to conform to Section 9, Chapter 627, Acts of the 76th
430-13 Legislature, Regular Session, 1999, to read as follows:
430-14 Sec. 263.001. GROUNDS FOR REFUSAL TO [EXAMINE OR] ISSUE
430-15 LICENSE. The board may refuse to [examine a person or to] issue a
430-16 license by examination to a dental [license] or [a] dental hygiene
430-17 applicant [hygienist license to a person] if the person:
430-18 (1) presents to the board fraudulent or false evidence
430-19 of the person's qualification for examination or license;
430-20 (2) is guilty of any illegality, fraud, or deception
430-21 during the examination or the process to secure a license;
430-22 (3) is habitually intoxicated or is addicted to drugs;
430-23 (4) commits a dishonest or illegal practice in or
430-24 connected to dentistry or dental hygiene;
430-25 (5) is convicted of a felony under a federal law or
430-26 law of this state; or
430-27 (6) is found to have violated a law of this state
431-1 relating to the practice of dentistry within the 12 months
431-2 preceding the date the person filed an application for a license to
431-3 practice dentistry or dental hygiene.
431-4 (b) Section 263.002, Occupations Code, is amended to conform
431-5 to Section 9, Chapter 627, Acts of the 76th Legislature, Regular
431-6 Session, 1999, and Sections 1 and 2, Chapter 1204, Acts of the 76th
431-7 Legislature, Regular Session, 1999, to read as follows:
431-8 Sec. 263.002. GROUNDS FOR DISCIPLINARY ACTION IN GENERAL.
431-9 (a) The board, after notice and hearing, may reprimand a person who
431-10 holds a license issued under this subtitle, issue a warning letter
431-11 to a person licensed under this subtitle, impose a fine on a person
431-12 licensed under this subtitle, impose an administrative penalty
431-13 under Subchapter A, Chapter 264, on a person who holds a license
431-14 under this subtitle, place on probation with conditions a person
431-15 whose license has been suspended, or revoke or suspend a person's
431-16 license issued under this subtitle if the person:
431-17 (1) is adjudged under the law to be insane;
431-18 (2) is convicted of a misdemeanor involving fraud or a
431-19 felony under federal law or the law of any state;
431-20 (3) practices dentistry or dental hygiene in a manner
431-21 that constitutes dishonorable conduct[, malpractice, or gross
431-22 incompetency];
431-23 (4) fails to treat a patient according to the standard
431-24 of care in the practice of dentistry or dental hygiene;
431-25 (5) engages in deception or misrepresentation in
431-26 soliciting or obtaining patronage;
431-27 (6) obtains a license by fraud or misrepresentation;
432-1 (7) is addicted to or habitually intemperate in the
432-2 use of alcoholic beverages [intoxicated] or [addicted to] drugs or
432-3 has improperly obtained, possessed, used, or distributed
432-4 habit-forming drugs or narcotics;
432-5 (8) holds a dental license and employs, permits, or
432-6 has employed or permitted a person not licensed to practice
432-7 dentistry to practice dentistry in an office of the dentist that is
432-8 under the dentist's control or management;
432-9 (9) fails to use proper diligence in the person's
432-10 practice or fails to safeguard the person's patients against
432-11 avoidable infections;
432-12 (10) violates or refuses to comply with a law relating
432-13 to the regulation of dentists or dental hygienists;
432-14 (11) is physically or mentally incapable of practicing
432-15 in a manner that is safe for the person's dental patients;
432-16 (12) is negligent in performing dental services and
432-17 that negligence causes injury or damage to a dental patient;
432-18 (13) holds a license or certificate to practice
432-19 dentistry or dental hygiene in another state and that state, based
432-20 on an act by the person that is the same as an act described in
432-21 this section:
432-22 (A) reprimands the person;
432-23 (B) suspends or revokes the person's license or
432-24 certificate or places the person on probation; or
432-25 (C) imposes another restriction on the person's
432-26 practice; or
432-27 (14) knowingly provides or agrees to provide dental
433-1 care in a manner that violates a federal or state law that:
433-2 (A) regulates a plan to provide, arrange for,
433-3 pay for, or reimburse any part of the cost of dental care services;
433-4 or
433-5 (B) regulates the business of insurance.
433-6 (b) If a person holds a license to practice dentistry or
433-7 dental hygiene, the board may reprimand or impose a fine on the
433-8 person, issue a warning letter to the person, place the person's
433-9 license on probation, or suspend or revoke the person's license
433-10 under Subsection (a)(10) only if a majority of the board determines
433-11 that the person has committed an act described by Subsection
433-12 (a)(10).
433-13 (c) Section 263.003, Occupations Code, is amended to conform
433-14 to Section 9, Chapter 627, Acts of the 76th Legislature, Regular
433-15 Session, 1999, to read as follows:
433-16 Sec. 263.003. HEARING. A person [licensed under this
433-17 subtitle] is entitled to a hearing under Chapter 2001, Government
433-18 Code, if the board proposes to:
433-19 (1) refuse to issue a license by examination to
433-20 [examine] the person;
433-21 (2) reprimand or impose a fine on the person;
433-22 (3) place the person on probation after the person's
433-23 license has been suspended; or
433-24 (4) suspend or revoke the license of the person.
433-25 (d) The following are repealed:
433-26 (1) Section 9, Chapter 627, Acts of the 76th
433-27 Legislature, Regular Session, 1999; and
434-1 (2) Sections 1 and 2, Chapter 1204, Acts of the 76th
434-2 Legislature, Regular Session, 1999.
434-3 SECTION 14.093. (a) Section 263.008, Occupations Code, is
434-4 amended to conform to Section 10, Chapter 627, Acts of the 76th
434-5 Legislature, Regular Session, 1999, and to more accurately reflect
434-6 the law from which it was derived to read as follows:
434-7 Sec. 263.008. SUBPOENA. (a) The board may request and, if
434-8 necessary, compel by subpoena the attendance of witnesses for
434-9 examination under oath and the production for examination and
434-10 copying of books, accounts, records, documents, and other evidence
434-11 relevant to the investigation of an alleged violation of this
434-12 chapter or another state law relating to the practice of dentistry.
434-13 (b) The board may request the attorney general to file suit
434-14 against a person who fails to comply with a subpoena issued by the
434-15 board to enforce the subpoena. The suit must be filed in a Travis
434-16 County district court [or in a district court in the county in
434-17 which a hearing conducted by the board may be held].
434-18 (c) [(b)] The court on finding that good cause exists for
434-19 the issuance of the subpoena shall order the person to comply with
434-20 the subpoena.
434-21 (b) Section 10, Chapter 627, Acts of the 76th Legislature,
434-22 Regular Session, 1999, is repealed.
434-23 SECTION 14.094. (a) Section 266.152(d), Occupations Code, is
434-24 amended to conform to Section 25, Chapter 627, Acts of the 76th
434-25 Legislature, Regular Session, 1999, to read as follows:
434-26 (d) The owner of a dental laboratory registered with the
434-27 board on September 1, 1987, is exempt from Subsection (a) if:
435-1 (1) the registration of the laboratory has been
435-2 renewed each year [continuously registered with the board] since
435-3 that date, and all registration fees have been paid;
435-4 (2) the beneficial ownership of at least 51 percent of
435-5 the laboratory has not been transferred; and
435-6 (3) the owner is employed on the laboratory's premises
435-7 for not less than 30 hours each week.
435-8 (b) Sections 266.154(d) and (e), Occupations Code, are
435-9 amended to conform to Section 25, Chapter 627, Acts of the 76th
435-10 Legislature, Regular Session, 1999, to read as follows:
435-11 (d) An owner or manager of a dental laboratory whose
435-12 registration certificate has been expired for 90 days or less may
435-13 renew the registration certificate if the person pays to the board
435-14 the required renewal fee and a fee equal to one-half of the amount
435-15 of the renewal fee. If the registration certificate has been
435-16 expired for more than 90 days but less than one year [two years],
435-17 the owner or manager may renew the certificate by paying to the
435-18 board all unpaid renewal fees and a fee equal to the amount of the
435-19 initial registration fee.
435-20 (e) An owner or manager of a dental laboratory may not renew
435-21 a registration certificate that has been expired for one year [two
435-22 years] or more. The owner or manager may obtain a new certificate
435-23 by complying with the requirements for obtaining an original
435-24 certificate.
435-25 (c) Section 25, Chapter 627, Acts of the 76th Legislature,
435-26 Regular Session, 1999, is repealed.
435-27 SECTION 14.095. Section 254.011, Occupations Code, is
436-1 repealed to conform to Section 27, Chapter 627, Acts of the 76th
436-2 Legislature, Regular Session, 1999.
436-3 PART 6. CHANGES RELATING TO SUBTITLE E,
436-4 TITLE 3, OCCUPATIONS CODE
436-5 SECTION 14.121. (a) Section 301.152, Occupations Code, is
436-6 amended to conform to Section 6, Chapter 428, Acts of the 76th
436-7 Legislature, Regular Session, 1999, by adding Subsection (d) to
436-8 read as follows:
436-9 (d) The signature of an advanced practice nurse attesting to
436-10 the provision of a legally authorized service by the advanced
436-11 practice nurse satisfies any documentation requirement for that
436-12 service established by a state agency.
436-13 (b) Section 6, Chapter 428, Acts of the 76th Legislature,
436-14 Regular Session, 1999, is repealed.
436-15 SECTION 14.122. (a) Section 301.251, Occupations Code, is
436-16 amended to conform to Sections 2 and 5, Chapter 775, Acts of the
436-17 76th Legislature, Regular Session, 1999, by adding Subsection (c)
436-18 to read as follows:
436-19 (c) This section does not apply to a person entitled to
436-20 practice professional nursing in this state under Chapter 304.
436-21 (b) Sections 2 and 5, Chapter 775, Acts of the 76th
436-22 Legislature, Regular Session, 1999, are repealed.
436-23 SECTION 14.123. (a) Sections 301.257(e) and (f), Occupations
436-24 Code, are amended to conform to Section 3, Chapter 775, Acts of the
436-25 76th Legislature, Regular Session, 1999, to read as follows:
436-26 (e) If the board determines that a ground for ineligibility
436-27 does not exist, instead of issuing an order, the board shall notify
437-1 the petitioner in writing of the board's determination on each
437-2 ground of potential ineligibility. If the board proposes to find
437-3 that the petitioner is ineligible for a license, the petitioner is
437-4 entitled to a hearing before the State Office of Administrative
437-5 Hearings.
437-6 (f) The board's order must set out each basis for potential
437-7 ineligibility and the board's determination as to eligibility. In
437-8 the absence of new evidence known to but not disclosed by the
437-9 petitioner or not reasonably available to the board at the time the
437-10 order is issued, the board's ruling on the petition determines the
437-11 person's eligibility with respect to the grounds for potential
437-12 ineligibility set out in the written notice or order.
437-13 (b) Section 3, Chapter 775, Acts of the 76th Legislature,
437-14 Regular Session, 1999, is repealed.
437-15 SECTION 14.124. (a) Section 301.452(b), Occupations Code, is
437-16 amended to conform to Section 4, Chapter 775, Acts of the 76th
437-17 Legislature, Regular Session, 1999, to read as follows:
437-18 (b) A person is subject to denial of a license or to
437-19 disciplinary action under this subchapter for:
437-20 (1) a violation of this chapter, [or] a rule or
437-21 regulation not inconsistent with this chapter, or an order issued
437-22 under this chapter;
437-23 (2) fraud or deceit in procuring or attempting to
437-24 procure a license to practice professional nursing;
437-25 (3) a conviction for a felony or for a misdemeanor
437-26 involving moral turpitude;
437-27 (4) conduct that results in the revocation of
438-1 probation imposed because of conviction for a felony or for a
438-2 misdemeanor involving moral turpitude;
438-3 (5) use of a nursing license, diploma, or permit, or
438-4 the transcript of such a document, that has been fraudulently
438-5 purchased, issued, counterfeited, or materially altered;
438-6 (6) impersonating or acting as a proxy for another
438-7 person in the licensing examination required under Section 301.253
438-8 or 301.255;
438-9 (7) directly or indirectly aiding or abetting an
438-10 unlicensed person in connection with the unauthorized practice of
438-11 professional nursing;
438-12 (8) revocation, suspension, or denial of, or any other
438-13 action relating to, the person's license or privilege to practice
438-14 nursing in another jurisdiction;
438-15 (9) intemperate use of alcohol or drugs that the board
438-16 determines endangers or could endanger a patient;
438-17 (10) unprofessional or dishonorable conduct that, in
438-18 the board's opinion, is likely to deceive, defraud, or injure a
438-19 patient or the public;
438-20 (11) adjudication of mental incompetency;
438-21 (12) lack of fitness to practice because of a mental
438-22 or physical health condition that could result in injury to a
438-23 patient or the public; or
438-24 (13) failure to care adequately for a patient or to
438-25 conform to the minimum standards of acceptable professional nursing
438-26 practice in a manner that, in the board's opinion, exposes a
438-27 patient or other person unnecessarily to risk of harm.
439-1 (b) Section 301.456, Occupations Code, is amended to conform
439-2 to Section 4, Chapter 775, Acts of the 76th Legislature, Regular
439-3 Session, 1999, to read as follows:
439-4 Sec. 301.456. EVIDENCE. A certified copy of the order of
439-5 the [license] denial, suspension, or revocation or other action
439-6 under Section 301.452(b)(8) is conclusive evidence of that action.
439-7 (c) Section 4, Chapter 775, Acts of the 76th Legislature,
439-8 Regular Session, 1999, is repealed.
439-9 SECTION 14.1245. Section 301.503(a), Occupations Code, is
439-10 amended to more accurately reflect the law from which it was
439-11 derived to read as follows:
439-12 (a) If the executive director determines that a violation
439-13 has occurred, the executive director may [shall] issue to the board
439-14 a report stating:
439-15 (1) the facts on which the determination is based; and
439-16 (2) the director's recommendation on the imposition of
439-17 the administrative penalty, including a recommendation on the
439-18 amount of the penalty.
439-19 SECTION 14.125. (a) Chapter 301, Occupations Code, is
439-20 amended to conform to Section 4, Chapter 1275, Acts of the 76th
439-21 Legislature, Regular Session, 1999, by adding Subchapter M to read
439-22 as follows:
439-23 SUBCHAPTER M. ANESTHESIA IN OUTPATIENT SETTING
439-24 Sec. 301.601. DEFINITION. In this subchapter, "outpatient
439-25 setting" means a facility, clinic, center, office, or other setting
439-26 that is not part of a licensed hospital or a licensed ambulatory
439-27 surgical center.
440-1 Sec. 301.602. RULES. (a) The board by rule shall establish
440-2 minimum standards for anesthesia services provided in an outpatient
440-3 setting by a person licensed by the board.
440-4 (b) The rules adopted under this section must be designed to
440-5 protect the health, safety, and welfare of the public and include
440-6 requirements relating to:
440-7 (1) general anesthesia, regional anesthesia, and
440-8 monitored anesthesia care;
440-9 (2) patient assessment, counseling, and preparation;
440-10 (3) patient monitoring to be performed and equipment
440-11 to be used during a procedure and during post-procedure monitoring;
440-12 (4) emergency procedures, drugs, and equipment,
440-13 including education, training, and certification of personnel, as
440-14 appropriate, and including protocols for transfers to a hospital;
440-15 (5) the documentation necessary to demonstrate
440-16 compliance with this subchapter; and
440-17 (6) the period in which protocols or procedures
440-18 covered by rules of the board shall be reviewed, updated, or
440-19 amended.
440-20 (c) The board shall cooperate with the Texas State Board of
440-21 Medical Examiners in adopting rules under this subchapter to
440-22 eliminate, to the extent possible, conflicts between the rules
440-23 adopted by each board.
440-24 Sec. 301.603. APPLICABILITY. Rules adopted by the board
440-25 under Section 301.602 do not apply to:
440-26 (1) an outpatient setting in which only local
440-27 anesthesia, peripheral nerve blocks, or both are used;
441-1 (2) an outpatient setting in which only anxiolytics
441-2 and analgesics are used and only in doses that do not have the
441-3 probability of placing the patient at risk for loss of the
441-4 patient's life-preserving protective reflexes;
441-5 (3) a licensed hospital, including an outpatient
441-6 facility of the hospital that is located separate from the
441-7 hospital;
441-8 (4) a licensed ambulatory surgical center;
441-9 (5) a clinic located on land recognized as tribal land
441-10 by the federal government and maintained or operated by a federally
441-11 recognized Indian tribe or tribal organization as listed by the
441-12 United States secretary of the interior under 25 U.S.C. Section
441-13 479a-1 or as listed under a successor federal statute or
441-14 regulation;
441-15 (6) a facility maintained or operated by a state or
441-16 local governmental entity;
441-17 (7) a clinic directly maintained or operated by the
441-18 United States; or
441-19 (8) an outpatient setting accredited by:
441-20 (A) the Joint Commission on Accreditation of
441-21 Healthcare Organizations relating to ambulatory surgical centers;
441-22 (B) the American Association for the
441-23 Accreditation of Ambulatory Surgery Facilities; or
441-24 (C) the Accreditation Association for Ambulatory
441-25 Health Care.
441-26 Sec. 301.604. REGISTRATION REQUIRED. (a) The board shall
441-27 require each certified registered nurse anesthetist who provides
442-1 anesthesia services in an outpatient setting to register biennially
442-2 by applying to the board on a form prescribed by the board and
442-3 paying to the board a fee in an amount established by the board.
442-4 (b) The board shall coordinate the registration required
442-5 under this section with the license renewal requirements of
442-6 Subchapter G so that the times of registration, payment, notice,
442-7 and imposition of penalties for late payment are similar and
442-8 provide a minimal administrative burden for the board and certified
442-9 registered nurse anesthetists.
442-10 Sec. 301.605. COMPLIANCE WITH RULES. (a) A certified
442-11 registered nurse anesthetist providing anesthesia services in an
442-12 outpatient setting shall comply with the rules adopted by the board
442-13 under Section 301.602.
442-14 (b) The board may require a certified registered nurse
442-15 anesthetist to submit and comply with a corrective action plan to
442-16 remedy or address any current or potential deficiencies with the
442-17 nurse anesthetist's provision of anesthesia in an outpatient
442-18 setting in accordance with this chapter or board rule.
442-19 Sec. 301.606. INSPECTIONS. (a) The board may conduct
442-20 inspections to enforce this subchapter, including inspections of
442-21 the equipment owned or leased by a certified registered nurse
442-22 anesthetist and of documents of a certified registered nurse
442-23 anesthetist's practice that relate to providing anesthesia in an
442-24 outpatient setting. The board may contract with another state
442-25 agency or qualified person to conduct these inspections.
442-26 (b) Unless it would jeopardize an ongoing investigation, the
442-27 board must provide notice at least five business days before the
443-1 date of conducting an on-site inspection under this section.
443-2 (c) This section does not require the board to make an
443-3 on-site inspection of an outpatient setting in which a certified
443-4 registered nurse anesthetist provides anesthesia.
443-5 Sec. 301.607. REQUESTS FOR INSPECTION AND ADVISORY OPINIONS.
443-6 (a) The board may consider a request by a certified registered
443-7 nurse anesthetist for an inspection of equipment owned or leased by
443-8 the nurse anesthetist and of documents of the nurse anesthetist's
443-9 practice that relate to the provision of anesthesia in an
443-10 outpatient setting. The board, on payment of a fee set by the
443-11 board, may conduct the requested inspection and issue an advisory
443-12 opinion.
443-13 (b) An advisory opinion issued by the board under this
443-14 section is not binding on the board. Except as provided by
443-15 Subsection (c), the board may take any action under this chapter
443-16 relating to the situation addressed by the advisory opinion as the
443-17 board considers appropriate.
443-18 (c) A certified registered nurse anesthetist who requests
443-19 and relies on a board advisory opinion may use the opinion as
443-20 mitigating evidence in an action or proceeding by the board to
443-21 impose an administrative penalty or to assess a fine under this
443-22 chapter. On receipt of proof of reliance on an advisory opinion,
443-23 the board shall consider the reliance and mitigate imposition of an
443-24 administrative penalty or assessment of a fine accordingly.
443-25 (b) Section 4, Chapter 1275, Acts of the 76th Legislature,
443-26 Regular Session, 1999, is repealed.
443-27 SECTION 14.126. (a) Section 302.252(b), Occupations Code, is
444-1 amended to conform to Section 8, Chapter 775, Acts of the 76th
444-2 Legislature, Regular Session, 1999, to read as follows:
444-3 (b) The application must be accompanied by:
444-4 (1) evidence that the institution is prepared to give
444-5 a vocational nurse education program approved by the board [of not
444-6 less than 12 months]; and
444-7 (2) the required fee.
444-8 (b) Section 8, Chapter 775, Acts of the 76th Legislature,
444-9 Regular Session, 1999, is repealed.
444-10 SECTION 14.127. (a) Section 302.301, Occupations Code, is
444-11 amended to conform to Section 6, Chapter 775, Acts of the 76th
444-12 Legislature, Regular Session, 1999, to read as follows:
444-13 Sec. 302.301. LICENSE REQUIRED. (a) A person may not use
444-14 the designation "Licensed Vocational Nurse" or the abbreviation
444-15 "L.V.N." unless the person holds a license under this chapter.
444-16 (b) This section does not apply to a person practicing
444-17 vocational nursing under Chapter 304.
444-18 (b) Section 6, Chapter 775, Acts of the 76th Legislature,
444-19 Regular Session, 1999, is repealed.
444-20 SECTION 14.128. Section 302.306(b), Occupations Code, is
444-21 amended to more accurately reflect the law from which it was
444-22 derived to read as follows:
444-23 (b) If the notice of the results of an examination graded or
444-24 reviewed by a national testing service will be delayed for longer
444-25 than 90 days after the examination date, the board shall notify
444-26 each examinee of the reason for the delay before the 90th day.
444-27 SECTION 14.129. (a) Section 302.402, Occupations Code, is
445-1 amended to conform to Section 7, Chapter 775, Acts of the 76th
445-2 Legislature, Regular Session, 1999, to read as follows:
445-3 Sec. 302.402. GROUNDS FOR DISCIPLINARY ACTION. (a) A person
445-4 is subject to disciplinary action under Section 302.403 for:
445-5 (1) a violation of this chapter or a rule or order
445-6 issued under this chapter;
445-7 (2) fraud or deceit in obtaining or attempting to
445-8 obtain a license to practice vocational nursing;
445-9 (3) a conviction for:
445-10 (A) a felony; or
445-11 (B) a misdemeanor that involves moral turpitude;
445-12 (4) use of a nursing license, certificate, diploma, or
445-13 permit or a transcript of such a document that has been
445-14 fraudulently purchased, issued, counterfeited, or materially
445-15 altered;
445-16 (5) impersonating or acting as a proxy for another
445-17 person in an examination required by law to obtain a license to
445-18 practice vocational nursing;
445-19 (6) knowingly aiding or abetting an unlicensed person
445-20 in connection with the unauthorized practice of vocational nursing;
445-21 (7) revocation, suspension, or denial of the person's
445-22 license to practice vocational or practical nursing in another
445-23 jurisdiction;
445-24 (8) revocation, suspension, or denial of a license or
445-25 privilege to practice professional nursing in this state or in
445-26 another jurisdiction;
445-27 (9) intemperate use of alcohol or drugs;
446-1 (10) unprofessional or dishonorable conduct that, in
446-2 the board's opinion, is likely to deceive, defraud, or injure the
446-3 public;
446-4 (11) adjudication of mental incompetency; or
446-5 (12) lack of fitness to practice because of a mental
446-6 or physical health condition that could result in injury to a
446-7 patient or the public.
446-8 (b) For purposes of Subsections (a)(7) and (a)(8), a
446-9 certified copy of an order of denial, suspension, or revocation [of
446-10 a license] is conclusive evidence of that fact.
446-11 (b) Section 7, Chapter 775, Acts of the 76th Legislature,
446-12 Regular Session, 1999, is repealed.
446-13 SECTION 14.130. (a) Subtitle E, Title 3, Occupations Code,
446-14 is amended to conform to Section 1, Chapter 775, Acts of the 76th
446-15 Legislature, Regular Session, 1999, by adding Chapter 304 to read
446-16 as follows:
446-17 CHAPTER 304. NURSE LICENSURE COMPACT
446-18 Sec. 304.001. NURSE LICENSURE COMPACT. The Nurse Licensure
446-19 Compact is enacted and entered into with all other jurisdictions
446-20 that legally join in the compact, which is as follows:
446-21 NURSE LICENSURE COMPACT
446-22 ARTICLE 1. FINDINGS AND DECLARATION OF PURPOSE. (a) The
446-23 party states find that:
446-24 (1) the health and safety of the public are affected
446-25 by the degree of compliance with and the effectiveness of
446-26 enforcement activities related to state nurse licensing laws;
446-27 (2) violations of nurse licensing and other laws
447-1 regulating the practice of nursing may result in injury or harm to
447-2 the public;
447-3 (3) the expanded mobility of nurses and the use of
447-4 advanced communication technologies as part of our nation's health
447-5 care delivery system require greater coordination and cooperation
447-6 among states in the areas of nurse licensing and regulation;
447-7 (4) new practice modalities and technology make
447-8 compliance with each state nurse licensing laws difficult and
447-9 complex; and
447-10 (5) the current system of the duplicative licensing of
447-11 nurses practicing in multiple states is cumbersome and redundant to
447-12 both nurses and the states.
447-13 (b) The general purposes of this compact are to:
447-14 (1) facilitate the states' responsibilities to protect
447-15 the public's health and safety;
447-16 (2) ensure and encourage the cooperation of party
447-17 states in the areas of nurse licensing and regulation;
447-18 (3) facilitate the exchange of information between
447-19 party states in the areas of nurse regulation, investigation, and
447-20 adverse action;
447-21 (4) promote compliance with the laws governing the
447-22 practice of nursing in each jurisdiction; and
447-23 (5) invest all party states with the authority to hold
447-24 a nurse accountable for meeting all state practice laws in the
447-25 state in which the patient is located at the time care is provided
447-26 through the mutual recognition of party state licenses.
447-27 ARTICLE 2. DEFINITIONS. In this compact:
448-1 (a) "Adverse action" means a home or remote state
448-2 action.
448-3 (b) "Alternative program" means a voluntary,
448-4 nondisciplinary monitoring program approved by a nurse licensing
448-5 board.
448-6 (c) "Coordinated licensure information system" means
448-7 an integrated process for collecting, storing, and sharing
448-8 information on nurse licensing and enforcement activities related
448-9 to nurse licensing laws, which is administered by a nonprofit
448-10 organization composed of and controlled by state nurse licensing
448-11 boards.
448-12 (d) "Current significant investigative information"
448-13 means:
448-14 (1) investigative information that a licensing
448-15 board, after a preliminary inquiry that includes notification and
448-16 an opportunity for the nurse to respond if required by state law,
448-17 has reason to believe is not groundless and, if proved true, would
448-18 indicate more than a minor infraction; or
448-19 (2) investigative information that indicates
448-20 that a nurse represents an immediate threat to public health and
448-21 safety regardless of whether the nurse has been notified and had an
448-22 opportunity to respond.
448-23 (e) "Home state" means the party state that is the
448-24 nurse's primary state of residence.
448-25 (f) "Home state action" means any administrative,
448-26 civil, equitable, or criminal action permitted by the home state's
448-27 laws that are imposed on a nurse by the home state's licensing
449-1 board or other authority, including actions against an individual's
449-2 license such as revocation, suspension, probation, or any other
449-3 action that affects a nurse's authorization to practice.
449-4 (g) "Licensing board" means a party state's regulatory
449-5 body responsible for issuing nurse licenses.
449-6 (h) "Multistate licensing privilege" means current,
449-7 official authority from a remote state permitting the practice of
449-8 nursing as a registered nurse, licensed practical nurse, or
449-9 licensed vocational nurse in the party state. All party states have
449-10 the authority, in accordance with existing state due process laws,
449-11 to take actions against the nurse's privilege, including
449-12 revocation, suspension, probation, or any other action that affects
449-13 a nurse's authorization to practice.
449-14 (i) "Nurse" means a registered nurse, licensed
449-15 practical nurse, or licensed vocational nurse as those terms are
449-16 defined by each party state's practice laws.
449-17 (j) "Party state" means any state that has enacted
449-18 this compact.
449-19 (k) "Remote state" means a party state, other than the
449-20 home state, in which:
449-21 (1) a patient is located at the time nursing
449-22 care is provided; or
449-23 (2) in the case of the practice of nursing not
449-24 involving a patient, the recipient of nursing practice is located.
449-25 (l) "Remote state action" means:
449-26 (1) an administrative, civil, equitable, or
449-27 criminal action permitted by a remote state's laws that are imposed
450-1 on a nurse by the remote state's licensing board or other
450-2 authority, including an action against an individual's multistate
450-3 licensing privilege to practice in the remote state; and
450-4 (2) a cease and desist order and other
450-5 injunctive or equitable orders issued by remote states or the
450-6 licensing boards of remote states.
450-7 (m) "State" means a state, territory, possession of
450-8 the United States, the District of Columbia, or the Commonwealth of
450-9 Puerto Rico.
450-10 (n) "State practice laws" means a party state's laws
450-11 and regulations that govern the practice of nursing, define the
450-12 scope of nursing practice, and create the methods and grounds for
450-13 imposing discipline. The term does not include the initial
450-14 qualifications for licensing or requirements necessary to obtain
450-15 and retain a license, except for qualifications or requirements of
450-16 the home state.
450-17 ARTICLE 3. GENERAL PROVISIONS AND JURISDICTION. (a) A
450-18 license to practice registered nursing issued by a home state to a
450-19 resident in that state will be recognized by each party state as
450-20 authorizing a multistate licensing privilege to practice as a
450-21 registered nurse in the party state. A license to practice licensed
450-22 practical nursing or licensed vocational nursing issued by a home
450-23 state to a resident in that state will be recognized by each party
450-24 state as authorizing a multistate licensing privilege to practice
450-25 as a licensed practical nurse or vocational nurse in the party
450-26 state. To obtain or retain a license, an applicant must meet the
450-27 home state's qualifications for a license and license renewal as
451-1 well as all other applicable state laws.
451-2 (b) A party state may, in accordance with state due process
451-3 laws, limit or revoke the multistate licensing privilege of any
451-4 nurse to practice in the party state and may take any other
451-5 necessary actions under the party state's applicable laws to
451-6 protect the health and safety of the party state's citizens. If a
451-7 party state takes this action, the party state shall promptly
451-8 notify the administrator of the coordinated licensure information
451-9 system. The administrator of the coordinated licensure information
451-10 system shall promptly notify the home state of any such actions by
451-11 remote states.
451-12 (c) A nurse practicing in a party state must comply with the
451-13 state practice laws of the state in which the patient is located at
451-14 the time care is provided. The practice of nursing includes
451-15 patient care and all nursing practice defined by the party state's
451-16 practice laws. The practice of nursing will subject a nurse to the
451-17 jurisdiction of the nurse licensing board, the courts, and the laws
451-18 of the party state.
451-19 (d) This compact does not affect additional requirements
451-20 imposed by states for advanced practice registered nursing.
451-21 However, a multistate licensing privilege to practice registered
451-22 nursing granted by a party state shall be recognized by another
451-23 party state as a license to practice registered nursing if the
451-24 state's law requires the license as a precondition for qualifying
451-25 for advanced practice registered nurse authorization.
451-26 (e) Individuals not residing in a party state may apply for
451-27 a nurse license under the laws of a party state. However, the
452-1 license granted to these individuals will not be recognized as
452-2 granting the privilege to practice nursing in any other party state
452-3 unless explicitly agreed to by that party state.
452-4 ARTICLE 4. APPLICATION FOR LICENSE IN A PARTY STATE. (a)
452-5 Once an application for a license is submitted, the licensing board
452-6 in a party state shall ascertain, through the coordinated licensure
452-7 information system, whether:
452-8 (1) the applicant has held or is the holder of a
452-9 license issued by another state;
452-10 (2) a restriction exists on the multistate licensing
452-11 privilege; and
452-12 (3) any other adverse action by any state has been
452-13 taken against the license.
452-14 (b) A nurse in a party state shall hold a license that is
452-15 issued by the home state in only one party state at a time.
452-16 (c) A nurse who intends to change the nurse's primary state
452-17 of residence may apply for a license in the new home state in
452-18 advance of the change. However, a new license will not be issued by
452-19 a party state until a nurse provides satisfactory evidence to the
452-20 new home state's licensing board of a change in the nurse's primary
452-21 state of residence.
452-22 (d) When a nurse changes the nurse's primary state of
452-23 residence by moving from:
452-24 (1) a party state to another party state and obtains a
452-25 license from the new home state, the license from the former home
452-26 state is no longer valid;
452-27 (2) a non-party state to a party state and obtains a
453-1 license from the new home state, the individual state license
453-2 issued by the non-party state is not affected and remains in full
453-3 force if provided by the laws of the non-party state; and
453-4 (3) a party state to a non-party state, the license
453-5 issued by the prior home state converts to a state license valid
453-6 only in the former home state and does not entitle the nurse to the
453-7 multistate licensing privilege to practice in other party states.
453-8 ARTICLE 5. ADVERSE ACTIONS. (a) The licensing board of a
453-9 remote state shall promptly report to the administrator of the
453-10 coordinated licensure information system a remote state action and
453-11 the factual and legal basis for the action, if known. The licensing
453-12 board of a remote state shall promptly report any significant
453-13 current investigative information yet to result in a remote state
453-14 action. The administrator of the coordinated licensure information
453-15 system shall promptly notify the home state of these reports.
453-16 (b) The licensing board of a party state shall have the
453-17 authority to complete a pending investigation of a nurse who
453-18 changes the nurse's primary state of residence during the course of
453-19 the investigation and to take appropriate action. The licensing
453-20 board shall promptly report the conclusions of the investigations
453-21 to the administrator of the coordinated licensure information
453-22 system. The administrator of the coordinated licensure information
453-23 system shall promptly notify the new home state of any action.
453-24 (c) A remote state may take adverse action affecting the
453-25 multistate licensing privilege to practice in that party state.
453-26 However, only the home state has the power to impose adverse action
453-27 against the license issued by the home state.
454-1 (d) For purposes of imposing adverse action, the licensing
454-2 board of the home state shall give the same priority and effect to
454-3 reported conduct received from a remote state as it would to
454-4 conduct occurring in the home state. In so doing, the licensing
454-5 board shall apply its state laws to determine appropriate action.
454-6 (e) The home state may take adverse action based on the
454-7 factual findings of the remote state only if each state follows its
454-8 own procedures for imposing the adverse action.
454-9 (f) This compact does not affect a party state's decision
454-10 that participation in an alternative program may be used instead of
454-11 licensing action and that the participation shall remain non-public
454-12 if required by the party state's laws. Party states must require a
454-13 nurse who enters an alternative program to agree not to practice in
454-14 any other party state during the term of the alternative program
454-15 without prior authorization from the other party state.
454-16 ARTICLE 6. ADDITIONAL AUTHORITIES OF PARTY STATE NURSE
454-17 LICENSING BOARDS. (a) Notwithstanding any other powers, party
454-18 state nurse licensing boards have the authority to:
454-19 (1) if otherwise permitted by state law, recover from
454-20 the affected nurse the costs of investigations and disposition of
454-21 cases resulting from any adverse action taken against the nurse;
454-22 (2) issue subpoenas for hearings and investigations
454-23 that require the attendance and testimony of witnesses and the
454-24 production of evidence;
454-25 (3) issue a cease and desist order to limit or revoke
454-26 a nurse's authority to practice in the state; and
454-27 (4) adopt uniform rules as provided under Article 8(c)
455-1 of this compact.
455-2 (b) A subpoena issued by a nurse licensing board in a party
455-3 state for the attendance and testimony of witnesses or the
455-4 production of evidence from another party state shall be enforced
455-5 in the non-issuing party state by a court of competent jurisdiction
455-6 in accordance with the practice and procedure applicable to
455-7 subpoenas issued in proceedings pending before the court. The
455-8 issuing authority shall pay any witness fees, travel expenses,
455-9 mileage, and other fees required by the service statutes of the
455-10 state in which a witness or evidence is located.
455-11 ARTICLE 7. COORDINATED LICENSURE INFORMATION SYSTEM. (a)
455-12 All party states shall participate in a cooperative effort to
455-13 create a coordinated database of all licensed registered nurses,
455-14 licensed practical nurses, and licensed vocational nurses. This
455-15 system will include information on the licensing and disciplinary
455-16 history of each nurse, as contributed by party states, to assist in
455-17 the coordination of nurse licensing and enforcement efforts.
455-18 (b) Notwithstanding any other provision of law, all party
455-19 states' licensing boards shall promptly report to the coordinated
455-20 licensure information system adverse actions, actions against
455-21 multistate licensing privileges, any current significant
455-22 investigative information yet to result in adverse action, and
455-23 denials of applications and the reasons for the denials.
455-24 (c) Current significant investigative information shall be
455-25 transmitted only to party state licensing boards through the
455-26 coordinated licensure information system.
455-27 (d) Notwithstanding any other provision of law, all party
456-1 states' licensing boards that contribute information to the
456-2 coordinated licensure information system may designate information
456-3 that may not be shared with non-party states or disclosed to other
456-4 entities or individuals without the express permission of the
456-5 contributing state.
456-6 (e) Any personally identifiable information obtained by a
456-7 party state's licensing board from the coordinated licensure
456-8 information system may not be shared with non-party states or
456-9 disclosed to other entities or individuals except to the extent
456-10 permitted by the laws of the party state contributing the
456-11 information.
456-12 (f) Information contributed to the coordinated licensure
456-13 information system that is subsequently required to be expunged by
456-14 the laws of the party state contributing that information shall be
456-15 expunged from the coordinated licensure information system.
456-16 (g) Each compact administrator shall act jointly and in
456-17 consultation with the administrator of the coordinated licensure
456-18 information system to formulate necessary and proper procedures for
456-19 the identification, collection, and exchange of information under
456-20 this compact.
456-21 ARTICLE 8. COMPACT ADMINISTRATION AND EXCHANGE OF
456-22 INFORMATION. (a) The presiding officer of the nurse licensing
456-23 board of a party state or the presiding officer's designee shall be
456-24 the administrator of this compact for the state.
456-25 (b) The compact administrator of each party state shall
456-26 furnish to the compact administrator of each other party state
456-27 information and documents including a uniform data set of
457-1 investigations, identifying information, licensing data, and
457-2 disclosable alternative program participation information to
457-3 facilitate the administration of this compact.
457-4 (c) Compact administrators have the authority to develop
457-5 uniform rules to facilitate and coordinate implementation of this
457-6 compact. The uniform rules shall be adopted by party states under
457-7 Article 6(a)(4) of this compact.
457-8 ARTICLE 9. IMMUNITY. A party state or an officer, employee,
457-9 or agent of a party state's nurse licensing board who acts in
457-10 accordance with the provisions of this compact is not liable for
457-11 any good faith act or omission that occurs while the person is
457-12 performing the person's duties under this compact. Good faith in
457-13 this article does not include wilful misconduct, gross negligence,
457-14 or recklessness.
457-15 ARTICLE 10. EFFECTIVE DATE, WITHDRAWAL, AND AMENDMENT. (a)
457-16 This compact enters into force and takes effect for a state when
457-17 the state enacts this compact as law. A party state may withdraw
457-18 from the compact by enacting a statute repealing the compact, but a
457-19 withdrawal takes effect six months after the date the withdrawing
457-20 state gives notice of the withdrawal to the executive heads of all
457-21 other party states.
457-22 (b) No withdrawal shall affect the validity or applicability
457-23 by the licensing boards of states remaining party to the compact of
457-24 any report of adverse action occurring prior to the withdrawal.
457-25 (c) This compact does not invalidate or prevent any nurse
457-26 licensing agreement or other cooperative arrangement between a
457-27 party state and a non-party state that is made in accordance with
458-1 the other provisions of this compact.
458-2 (d) This compact may be amended by the party states. An
458-3 amendment to this compact is not effective or binding on the party
458-4 states unless and until all party states enact the amendment into
458-5 the law of each state.
458-6 ARTICLE 11. CONSTRUCTION AND SEVERABILITY. (a) This compact
458-7 shall be liberally construed to effectuate the compact's purposes.
458-8 (b) This compact is severable. If a phrase, clause,
458-9 sentence, or provision of this compact is declared to be contrary
458-10 to the constitution of a party state or the United States or the
458-11 applicability of this compact to a government, agency, person, or
458-12 circumstance is held invalid, the validity and applicability of the
458-13 remainder of the compact to a government, agency, person, or
458-14 circumstance is not affected. If this compact is held to be
458-15 contrary to the constitution of a party state, the compact remains
458-16 in full force and effect for the other party states and in full
458-17 force and effect for the party state affected for all severable
458-18 matters.
458-19 (c) If the party states need to settle a dispute under the
458-20 compact the party states may submit the issues in dispute to an
458-21 arbitration panel comprised of:
458-22 (A) an individual appointed by the compact
458-23 administrator in the home state;
458-24 (B) an individual appointed by the compact
458-25 administrator in each remote state involved; and
458-26 (C) an individual mutually agreed upon by the compact
458-27 administrators of each party state involved in the dispute.
459-1 (d) The decision of a majority of the arbitrators shall be
459-2 final and binding.
459-3 Sec. 304.002. ADMINISTRATION OF COMPACT. The executive
459-4 directors of the Board of Nurse Examiners and the Board of
459-5 Vocational Nurse Examiners are the Nurse Licensure Compact
459-6 administrators for this state. The executive director of the Board
459-7 of Nurse Examiners is responsible for administering matters
459-8 relating to registered nurses. The executive director of the Board
459-9 of Vocational Nurse Examiners is responsible for administering
459-10 matters relating to licensed vocational nurses.
459-11 Sec. 304.003. RULES. The Board of Nurse Examiners and the
459-12 Board of Vocational Nurse Examiners may adopt rules necessary to
459-13 implement this chapter.
459-14 Sec. 304.004. GENERAL PROVISIONS. (a) The terms "nurse,"
459-15 "registered nurse," and "vocational nurse" include nurses licensed
459-16 as registered nurses or vocational nurses by a state that is a
459-17 party to the Nurse Licensure Compact.
459-18 (b) Unless the context indicates otherwise or doing so would
459-19 be inconsistent with the Nurse Licensure Compact, nurses practicing
459-20 in this state under a license issued by a state that is a party to
459-21 the Nurse Licensure Compact have the same rights and obligations as
459-22 imposed by the laws of this state on license holders of the Board
459-23 of Nurse Examiners or the Board of Vocational Nurse Examiners.
459-24 (c) The Board of Nurse Examiners and the Board of Vocational
459-25 Nurse Examiners have the authority to determine whether a right or
459-26 obligation imposed on license holders applies to nurses practicing
459-27 in this state under a license issued by a state that is a party to
460-1 the Nurse Licensure Compact unless that determination is
460-2 inconsistent with the Nurse Licensure Compact.
460-3 Sec. 304.005. ENFORCEMENT. The Board of Nurse Examiners and
460-4 the Board of Vocational Nurse Examiners are the state agencies
460-5 responsible for taking action against registered and vocational
460-6 nurses practicing in this state under a license issued by a state
460-7 that is a party to the Nurse Licensure Compact as authorized by the
460-8 Nurse Licensure Compact. The action shall be taken in accordance
460-9 with the same procedures for taking action against registered and
460-10 vocational nurses licensed by this state.
460-11 Sec. 304.006. INFORMATION MAINTAINED UNDER COMPACT. (a) On
460-12 request and payment of a reasonable fee, the Board of Nurse
460-13 Examiners and the Board of Vocational Nurse Examiners shall provide
460-14 a registered or vocational nurse licensed by this state with a copy
460-15 of information regarding the nurse maintained by the coordinated
460-16 licensure information system under Article 7 of the Nurse Licensure
460-17 Compact.
460-18 (b) A board is not obligated to provide information not
460-19 available to the board or information that is not available to the
460-20 nurse under the laws of the state contributing the information to
460-21 the coordinated licensure information system.
460-22 Sec. 304.007. ACCESS TO PRACTICE-RELATED INFORMATION.
460-23 Practice-related information provided by the Board of Nurse
460-24 Examiners or the Board of Vocational Nurse Examiners to registered
460-25 or vocational nurses licensed by this state shall be made available
460-26 by the boards on request and at a reasonable cost to nurses
460-27 practicing in this state under a license issued by a state that is
461-1 a party to the Nurse Licensure Compact.
461-2 Sec. 304.008. DISCLOSURE OF PERSONAL INFORMATION. (a) In
461-3 reporting information to the coordinated licensure information
461-4 system under Article 7 of the Nurse Licensure Compact, the Board of
461-5 Nurse Examiners and the Board of Vocational Nurse Examiners may
461-6 disclose personally identifiable information about the nurse,
461-7 including social security number.
461-8 (b) The coordinated licensure information system may not
461-9 share personally identifiable information with a state not a party
461-10 to the compact unless the state agrees not to disclose that
461-11 information to other persons.
461-12 Sec. 304.009. WITHDRAWAL FROM COMPACT. (a) The governor may
461-13 withdraw this state from the Nurse Licensure Compact if the Board
461-14 of Nurse Examiners or the Board of Vocational Nurse Examiners
461-15 notifies the governor that a state that is party to the compact
461-16 changed, after January 1, 1999, the state's requirements for
461-17 licensing a nurse and that the state's requirements, as changed,
461-18 are substantially lower than the requirements for licensing a nurse
461-19 in this state.
461-20 (b) The governor may completely withdraw this state from the
461-21 Nurse Licensure Compact or may limit withdrawal to the application
461-22 of the compact to registered nurses or licensed vocational nurses.
461-23 Sec. 304.010. EXPIRATION OF COMPACT. The Nurse Licensure
461-24 Compact expires on December 31, 2005, unless this section is
461-25 repealed or the expiration date is extended.
461-26 (b) Section 1, Chapter 775, Acts of the 76th Legislature,
461-27 Regular Session, 1999, is repealed.
462-1 PART 7. CHANGES RELATING TO SUBTITLE F,
462-2 TITLE 3, OCCUPATIONS CODE
462-3 SECTION 14.151. (a) Section 351.002, Occupations Code, is
462-4 amended to conform to Section 1, Chapter 733, Acts of the 76th
462-5 Legislature, Regular Session, 1999, by amending Subdivisions (7)
462-6 and (8) and adding Subdivision (9) to read as follows:
462-7 (7) "Practice of therapeutic optometry" means using
462-8 objective or subjective means, not including surgery or laser
462-9 surgery, to:
462-10 (A) determine or measure the powers of vision of
462-11 the human eye as provided by Section 351.355;
462-12 (B) examine or diagnose visual defects, abnormal
462-13 conditions, or diseases of the human eye or adnexa;
462-14 (C) prescribe or fit lenses or prisms to correct
462-15 or remedy a defect or abnormal condition of vision as provided by
462-16 Section 351.356;
462-17 (D) administer or prescribe a drug or physical
462-18 treatment in the manner authorized by this chapter; or
462-19 (E) treat the visual system, including the eye
462-20 or adnexa as authorized by this chapter [without the use of surgery
462-21 or laser surgery].
462-22 (8) "Surgery" means a procedure using instruments,
462-23 including lasers, scalpels, or needles, in which human tissue is
462-24 cut, burned, vaporized, or otherwise altered by any mechanical
462-25 means, laser, or ionizing radiation. The term includes procedures
462-26 using instruments that require closing by suturing, clamping, or
462-27 another device. The term does not include a noninvasive procedure
463-1 to remove a superficial foreign body in the conjunctiva, eyelid, or
463-2 corneal epithelium that has not perforated the Bowman's membrane.
463-3 (9) "Therapeutic optometrist" means a person licensed
463-4 under this chapter and authorized to practice therapeutic
463-5 optometry.
463-6 (b) Section 1, Chapter 733, Acts of the 76th Legislature,
463-7 Regular Session, 1999, is repealed.
463-8 SECTION 14.152. (a) Section 351.160, Occupations Code, is
463-9 amended to conform to Section 2, Chapter 733, Acts of the 76th
463-10 Legislature, Regular Session, 1999, to read as follows:
463-11 Sec. 351.160. PHARMACEUTICAL AGENTS. The board by rule shall
463-12 designate classifications of [specific] pharmaceutical agents that
463-13 therapeutic optometrists may use in the practice of therapeutic
463-14 optometry as authorized by this chapter. Additional
463-15 classifications of medications authorized by Section 351.165(c)(3)
463-16 may only be approved as provided by that section.
463-17 (b) Sections 351.358(b)-(f), Occupations Code, are amended
463-18 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
463-19 Regular Session, 1999, to read as follows:
463-20 (b) A therapeutic optometrist may:
463-21 (1) administer, perform, or prescribe ophthalmic
463-22 devices, procedures, and appropriate medications administered by
463-23 [over-the-counter oral medications, or] topical or oral means, in
463-24 accordance with this section and Section 351.3581 [ocular
463-25 pharmaceutical agents, other than antiviral or antiglaucoma
463-26 agents], to diagnose or treat visual defects, abnormal conditions,
463-27 or diseases of the human vision system, including the eye and [or]
464-1 adnexa; or
464-2 (2) administer medication by parenteral means for a
464-3 purpose and in a manner prescribed by Subsection (e) [remove
464-4 superficial foreign matter or eyelashes from the external eye or
464-5 adnexa].
464-6 (c) A therapeutic optometrist may prescribe oral medications
464-7 only in the following classifications of oral pharmaceuticals:
464-8 (1) one 10-day supply of oral antibiotics;
464-9 (2) one 72-hour supply of oral antihistamines;
464-10 (3) one seven-day supply of oral nonsteroidal
464-11 anti-inflammatories;
464-12 (4) one three-day supply of any analgesic identified
464-13 in Schedules III, IV, and V of 21 U.S.C. Section 812; and
464-14 (5) any other oral pharmaceutical recommended by the
464-15 Optometric Health Care Advisory Committee and approved by the board
464-16 and the Texas State Board of Medical Examiners.
464-17 (d) A therapeutic optometrist may independently administer
464-18 oral carbonic anhydrase inhibitors for emergency purposes only and
464-19 shall immediately refer the patient to an ophthalmologist.
464-20 (e) A therapeutic optometrist may inject appropriate
464-21 medication for a patient who has an anaphylactic reaction to
464-22 counteract the anaphylaxis. The therapeutic optometrist shall
464-23 immediately refer the patient to a physician. [If a therapeutic
464-24 optometrist uses a topical steroid of a strength of one percent
464-25 concentration to treat a condition and the condition does not
464-26 substantially improve before the eighth day after the date of
464-27 initial application, the therapeutic optometrist shall consult with
465-1 an ophthalmologist.]
465-2 [(d) If a therapeutic optometrist uses a topical steroid of
465-3 a strength of less than one percent concentration to treat a
465-4 condition and the condition does not substantially improve before
465-5 the 15th day after the date of initial application, the therapeutic
465-6 optometrist shall consult with an ophthalmologist.]
465-7 [(e) On consultation under Subsection (c) or (d), the
465-8 ophthalmologist shall establish a treatment regimen.]
465-9 [(f) This section does not authorize an optometrist to treat
465-10 glaucoma in a manner that was not permitted by law as the law
465-11 existed on August 31, 1991.]
465-12 (c) Subchapter H, Chapter 351, Occupations Code, is amended
465-13 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
465-14 Regular Session, 1999, by adding Section 351.3581 to read as
465-15 follows:
465-16 Sec. 351.3581. DIAGNOSIS AND TREATMENT OF GLAUCOMA. (a) A
465-17 therapeutic optometrist may not administer or prescribe an oral or
465-18 parenteral medication or treat glaucoma unless the therapeutic
465-19 optometrist holds a certificate issued by the board. A therapeutic
465-20 optometrist certified under this subsection shall be known as an
465-21 optometric glaucoma specialist. To obtain a certificate, a
465-22 therapeutic optometrist must as required under Section 351.165(c):
465-23 (1) complete an instructional clinical review course;
465-24 and
465-25 (2) pass an examination approved by the board.
465-26 (b) Not later than the 30th day after the date of the
465-27 initial diagnosis of glaucoma, a therapeutic optometrist shall
466-1 engage in consultation with an ophthalmologist to develop an
466-2 individual treatment plan that is approved by the therapeutic
466-3 optometrist and ophthalmologist. The parameters of the
466-4 consultation shall be at the discretion of the ophthalmologist but
466-5 must at least include confirmation of the diagnosis and a plan for
466-6 comanagement of the patient, including periodic review of the
466-7 patient's progress.
466-8 (c) A therapeutic optometrist required to engage in
466-9 comanagement consultation with an ophthalmologist shall inform the
466-10 patient diagnosed with glaucoma that the therapeutic optometrist is
466-11 required to have the diagnosis confirmed and comanaged with an
466-12 ophthalmologist of the patient's choosing or, if the patient does
466-13 not choose an ophthalmologist, an ophthalmologist practicing in the
466-14 geographic area in which the therapeutic optometrist practices.
466-15 (d) A therapeutic optometrist shall refer a patient to an
466-16 ophthalmologist if:
466-17 (1) the patient is younger than 16 years of age and
466-18 has been diagnosed as having glaucoma;
466-19 (2) the patient has been diagnosed as having acute
466-20 closed angle glaucoma;
466-21 (3) the patient has been diagnosed as having malignant
466-22 glaucoma or neovascular glaucoma;
466-23 (4) the therapeutic optometrist determines that a
466-24 patient's glaucoma is caused by a diabetic complication and, after
466-25 joint consultation with the physician treating the diabetes and an
466-26 ophthalmologist by telephone, fax, or another method, the physician
466-27 or ophthalmologist determines that the patient should be seen by
467-1 the physician or ophthalmologist; or
467-2 (5) the therapeutic optometrist determines that a
467-3 patient's glaucoma is not responding appropriately to a treatment
467-4 specified in Subsection (f) and, after consulting a physician by
467-5 telephone, fax, or another method, the physician determines that
467-6 the patient should be seen by the physician or an appropriate
467-7 specialist.
467-8 (e) A therapeutic optometrist who refers a patient to a
467-9 physician or specialist shall inform the patient that the patient
467-10 may go to any physician or specialist the patient chooses. This
467-11 subsection does not prevent a therapeutic optometrist from
467-12 recommending a physician or specialist.
467-13 (f) On making an initial diagnosis of glaucoma, a
467-14 therapeutic optometrist shall set a target pressure that is not
467-15 more than 80 percent of the initial intraocular pressure. The
467-16 patient's glaucoma is not considered to be appropriately responding
467-17 to treatment if the patient fails to achieve the target pressure
467-18 within an appropriate time.
467-19 (g) Before a therapeutic optometrist may prescribe a beta
467-20 blocker, the therapeutic optometrist must take a complete case
467-21 history of the patient and determine whether the patient has had a
467-22 physical examination within the 180 days preceding the date of
467-23 taking the history. If the patient has not had a physical
467-24 examination or if the patient has a history of congestive heart
467-25 failure, bradycardia, heart block, asthma, or chronic obstructive
467-26 pulmonary disease, the therapeutic optometrist must refer the
467-27 patient to a physician for a physical examination before initiating
468-1 beta blocker therapy.
468-2 (h) A therapeutic optometrist who diagnoses acute closed
468-3 angle glaucoma may initiate appropriate emergency treatment for a
468-4 patient but shall refer the patient to a physician in a timely
468-5 manner.
468-6 (i) A physician may charge a reasonable consultation fee for
468-7 a consultation given as provided by this section.
468-8 (j) A physician to whom a patient is referred by a
468-9 therapeutic optometrist under this section shall forward to the
468-10 therapeutic optometrist, not later than the 30th day after first
468-11 seeing the patient, a written report on the results of the
468-12 referral. The therapeutic optometrist shall maintain the report in
468-13 the patient's records. A physician who, for a medically
468-14 appropriate reason, does not return a patient to the therapeutic
468-15 optometrist who referred the patient shall state in the physician's
468-16 report to the therapeutic optometrist the specific medical reason
468-17 for failing to return the patient.
468-18 (d) Section 351.360, Occupations Code, is amended to conform
468-19 to Section 2, Chapter 733, Acts of the 76th Legislature, Regular
468-20 Session, 1999, to read as follows:
468-21 Sec. 351.360. PROFESSIONAL STANDARD OF THERAPEUTIC
468-22 OPTOMETRIST. A therapeutic optometrist, including an optometric
468-23 glaucoma specialist, is subject to the same standard of
468-24 professional care and judgment as a person practicing as an
468-25 ophthalmologist under Subtitle B.
468-26 (e) Subchapter J, Chapter 351, Occupations Code, is amended
468-27 to conform to Section 2, Chapter 733, Acts of the 76th Legislature,
469-1 Regular Session, 1999, by adding Section 351.4521 to read as
469-2 follows:
469-3 Sec. 351.4521. PERFORMANCE OF SURGERY PROHIBITED. A
469-4 therapeutic optometrist may not perform surgery or laser surgery.
469-5 (f) Section 2, Chapter 733, Acts of the 76th Legislature,
469-6 Regular Session, 1999, is repealed.
469-7 SECTION 14.153. (a) Section 351.163(c), Occupations Code, is
469-8 amended to conform to Section 6, Chapter 20, Acts of the 76th
469-9 Legislature, Regular Session, 1999, to read as follows:
469-10 (c) A [Not later than September 1 of each year, the
469-11 executive director shall send a] certified copy of the record
469-12 described by Subsection (b) [to the secretary of state for
469-13 permanent record. A certified copy of the record], marked with the
469-14 hand and seal of the executive director, [sent to the secretary of
469-15 state,] is:
469-16 (1) admissible evidence in all courts; and
469-17 (2) prima facie evidence of all matters contained in
469-18 the record.
469-19 (b) Section 6, Chapter 20, Acts of the 76th Legislature,
469-20 Regular Session, 1999, is repealed.
469-21 SECTION 14.154. (a) Subchapter D, Chapter 351, Occupations
469-22 Code, is amended to conform to Section 3, Chapter 733, Acts of the
469-23 76th Legislature, Regular Session, 1999, by adding Section 351.165
469-24 to read as follows:
469-25 Sec. 351.165. OPTOMETRIC HEALTH CARE ADVISORY COMMITTEE. (a)
469-26 The Optometric Health Care Advisory Committee consists of six
469-27 members appointed as follows:
470-1 (1) two members who are therapeutic optometrists,
470-2 appointed by the board;
470-3 (2) two members who are board-certified
470-4 ophthalmologists, appointed by the Texas State Board of Medical
470-5 Examiners; and
470-6 (3) two members who are pharmacologists, appointed by
470-7 the Texas State Board of Pharmacy.
470-8 (b) Members of the committee serve staggered two-year terms,
470-9 with the terms of half of the members expiring September 1 each
470-10 year.
470-11 (c) The committee shall make recommendations that:
470-12 (1) establish requirements for the education and
470-13 clinical training necessary for certification as an optometric
470-14 glaucoma specialist;
470-15 (2) establish the parameters of care for treatment of
470-16 ocular diseases and conditions by optometric glaucoma specialists
470-17 as health care technology advances; and
470-18 (3) identify additional classes of pharmaceuticals
470-19 under Section 351.358(c) that are effective treatments for ocular
470-20 diseases and conditions and that may be effectively used by
470-21 certified optometric glaucoma specialists.
470-22 (d) A person is not eligible for appointment as a
470-23 pharmacologist member of the committee if the person is licensed as
470-24 a therapeutic optometrist or ophthalmologist or is related within
470-25 the second degree by affinity or consanguinity, as determined under
470-26 Chapter 573, Government Code, to a person who is licensed as a
470-27 therapeutic optometrist or ophthalmologist.
471-1 (e) In making any recommendation, the committee shall
471-2 consider patient safety, patient costs, the effect on a patient's
471-3 access to health care, patient convenience, and any added
471-4 efficiencies to the health care delivery system the decision may
471-5 involve.
471-6 (f) Before a recommendation made by the committee may become
471-7 law, the board and the Texas State Board of Medical Examiners must
471-8 adopt the recommendation. If either board fails to adopt a
471-9 recommendation of the committee, that board must articulate a sound
471-10 scientific reason for the failure to adopt.
471-11 (g) Unless continued in existence by act of the legislature,
471-12 the Optometric Health Care Advisory Committee is abolished and this
471-13 section expires September 1, 2005.
471-14 (b) Section 3, Chapter 733, Acts of the 76th Legislature,
471-15 Regular Session, 1999, is repealed.
471-16 SECTION 14.155. (a) Section 351.254, Occupations Code, is
471-17 amended to conform to Section 1, Chapter 939, Acts of the 76th
471-18 Legislature, Regular Session, 1999, by adding Subsection (c) to
471-19 read as follows:
471-20 (c) An applicant who meets the other requirements of this
471-21 section may take the examination without having graduated as
471-22 required by Subsection (a) if the dean of a college of optometry
471-23 that meets the requirements of the board notifies the board in
471-24 writing that the applicant is enrolled in good standing in the
471-25 college and is in the final semester before graduation.
471-26 (b) Section 1, Chapter 939, Acts of the 76th Legislature,
471-27 Regular Session, 1999, is repealed.
472-1 SECTION 14.156. (a) Subchapter F, Chapter 351, Occupations
472-2 Code, is amended to conform to Section 2, Chapter 939, Acts of the
472-3 76th Legislature, Regular Session, 1999, by adding Section 351.2595
472-4 to read as follows:
472-5 Sec. 351.2595. LICENSE WITHOUT EXAMINATION. The board may
472-6 issue a license to practice therapeutic optometry without requiring
472-7 the applicant to pass all or part of the examination required by
472-8 Section 351.253 if:
472-9 (1) the applicant is licensed in good standing as a
472-10 therapeutic optometrist in another state;
472-11 (2) the applicant has passed an examination that is
472-12 equivalent or superior to the examination required by Section
472-13 351.253;
472-14 (3) during at least five of the seven years preceding
472-15 the application date, the applicant has been:
472-16 (A) actively engaged in the practice of
472-17 therapeutic optometry; or
472-18 (B) engaged in full-time teaching at an
472-19 accredited college of optometry or medicine;
472-20 (4) there are no pending disciplinary actions against
472-21 the applicant in the state in which the applicant is licensed; and
472-22 (5) the applicant's license has never been suspended
472-23 or revoked.
472-24 (b) Section 2, Chapter 939, Acts of the 76th Legislature,
472-25 Regular Session, 1999, is repealed.
472-26 SECTION 14.157. (a) Subchapter H, Chapter 351, Occupations
472-27 Code, is amended to conform to Section 2, Chapter 948, Acts of the
473-1 76th Legislature, Regular Session, 1999, by adding Section 351.366
473-2 to read as follows:
473-3 Sec. 351.366. AUTHORITY TO FORM CERTAIN JOINTLY OWNED
473-4 ENTITIES. (a) Except as provided by Section 351.361 or 351.457, an
473-5 optometrist or therapeutic optometrist and a physician may, for the
473-6 purposes described by Subsection (b), organize, jointly own, and
473-7 manage any legal entity, including:
473-8 (1) a partnership under the Texas Revised Partnership
473-9 Act (Article 6132b-1.01 et seq., Vernon's Texas Civil Statutes);
473-10 (2) a limited partnership under the Texas Revised
473-11 Limited Partnership Act (Article 6132a-1, Vernon's Texas Civil
473-12 Statutes); or
473-13 (3) a limited liability company under the Texas
473-14 Limited Liability Company Act (Article 1528n, Vernon's Texas Civil
473-15 Statutes).
473-16 (b) An entity authorized under Subsection (a) may:
473-17 (1) own real property, other physical facilities, or
473-18 equipment for the delivery of health care services or management;
473-19 (2) lease, rent, or otherwise acquire the use of real
473-20 property, other physical facilities, or equipment for the delivery
473-21 of health care services or management; or
473-22 (3) employ or otherwise use a person who is not an
473-23 optometrist, therapeutic optometrist, or physician for the delivery
473-24 of health care services or management.
473-25 (c) Only an optometrist, therapeutic optometrist, or
473-26 physician may have an ownership interest in an entity authorized
473-27 under Subsection (a). This subsection does not prohibit an entity
474-1 from making one or more payments to an owner's estate following the
474-2 owner's death under an agreement with the owner or as otherwise
474-3 authorized or required by law.
474-4 (b) Section 2, Chapter 948, Acts of the 76th Legislature,
474-5 Regular Session, 1999, is repealed.
474-6 SECTION 14.158. (a) Section 352.053(c), Occupations Code, is
474-7 amended to conform to Section 15.01, Chapter 1411, Acts of the 76th
474-8 Legislature, Regular Session, 1999, to read as follows:
474-9 (c) The board may not adopt substantive rules relating to
474-10 this chapter other than substantive rules described by Subsection
474-11 (b) of this section, Section 352.055, and Section 352.153.
474-12 (b) Section 15.01, Chapter 1411, Acts of the 76th
474-13 Legislature, Regular Session, 1999, is repealed.
474-14 SECTION 14.159. (a) Subchapter B, Chapter 352, Occupations
474-15 Code, is amended to conform to Section 15.02, Chapter 1411, Acts of
474-16 the 76th Legislature, Regular Session, 1999, by adding Section
474-17 352.055 to read as follows:
474-18 Sec. 352.055. RULES REGARDING ADVERTISING OR COMPETITIVE
474-19 BIDDING. (a) The board may not adopt rules restricting advertising
474-20 or competitive bidding by a registrant except to prohibit false,
474-21 misleading, or deceptive practices.
474-22 (b) In its rules to prohibit false, misleading, or deceptive
474-23 practices, the board may not include a rule that:
474-24 (1) restricts the use of any medium for advertising;
474-25 (2) restricts the use of a registrant's personal
474-26 appearance or voice in an advertisement;
474-27 (3) relates to the size or duration of an
475-1 advertisement by the registrant; or
475-2 (4) restricts the registrant's advertisement under a
475-3 trade name.
475-4 (b) Section 15.02, Chapter 1411, Acts of the 76th
475-5 Legislature, Regular Session, 1999, is repealed.
475-6 SECTION 14.160. (a) Subchapter C, Chapter 352, Occupations
475-7 Code, is amended to conform to Section 15.03, Chapter 1411, Acts of
475-8 the 76th Legislature, Regular Session, 1999, by adding Section
475-9 352.1031 to read as follows:
475-10 Sec. 352.1031. NOTICE OF EXAMINATION RESULTS. (a) Not later
475-11 than the 30th day after the date a person takes a qualifying
475-12 examination under this chapter, the department shall notify the
475-13 person of the results of the examination.
475-14 (b) If the examination is graded or reviewed by a testing
475-15 service:
475-16 (1) the department shall notify the person of the
475-17 results of the examination not later than the 14th day after the
475-18 date the department receives the results from the testing service;
475-19 and
475-20 (2) if notice of the examination results will be
475-21 delayed for longer than 90 days after the examination date, the
475-22 department shall notify the person of the reason for the delay
475-23 before the 90th day.
475-24 (c) The department may require a testing service to notify a
475-25 person of the results of the person's examination.
475-26 (d) If requested in writing by a person who fails a
475-27 qualifying examination administered under this chapter, the
476-1 department shall provide to the person an analysis of the person's
476-2 performance on the examination.
476-3 (b) Section 15.03, Chapter 1411, Acts of the 76th
476-4 Legislature, Regular Session, 1999, is repealed.
476-5 SECTION 14.161. (a) Section 352.151, Occupations Code, is
476-6 amended to conform to Section 15.04, Chapter 1411, Acts of the 76th
476-7 Legislature, Regular Session, 1999, by adding Subsections (c) and
476-8 (d) to read as follows:
476-9 (c) Not later than the 30th day before the date a person's
476-10 certificate of registration is scheduled to expire, the department
476-11 shall send written notice of the impending expiration to the person
476-12 at the person's last known address according to the records of the
476-13 department.
476-14 (d) A person whose certificate of registration has expired
476-15 may not make a representation for which a certificate of
476-16 registration is required under Section 352.101 until the
476-17 certificate has been renewed.
476-18 (b) Sections 352.152(b)-(e), Occupations Code, are amended
476-19 to conform to Section 15.04, Chapter 1411, Acts of the 76th
476-20 Legislature, Regular Session, 1999, to read as follows:
476-21 (b) The application must be accompanied by [the renewal fee
476-22 and] evidence that the applicant has successfully completed the
476-23 continuing education courses required by board rule.
476-24 (c) A person who is otherwise eligible to renew a
476-25 certificate of registration may renew an unexpired certificate by
476-26 paying the required renewal fee to the department before the
476-27 expiration date of the certificate.
477-1 (d) A person whose certificate of registration has been
477-2 expired for 90 days or less may renew the certificate by paying to
477-3 the department a renewal fee that is equal to 1-1/2 times the
477-4 normally required renewal fee.
477-5 (e) A person whose certificate of registration has been
477-6 expired for more than 90 days but less than one year may renew the
477-7 certificate by paying to the department a renewal fee that is equal
477-8 to two times the normally required renewal fee.
477-9 (f) A person whose certificate of registration has been
477-10 expired for one year or more may not renew the certificate. The
477-11 person may obtain a new certificate of registration by complying
477-12 with the requirements and procedures, including the examination
477-13 requirements, for an original certificate. [The board may not
477-14 require more than 10 classroom hours of continuing education
477-15 courses each year.]
477-16 [(d) A person registered under this chapter who does not
477-17 renew a certificate of registration by the expiration date may
477-18 renew the certificate not later than the 180th day after the
477-19 expiration date by paying the late renewal fee prescribed by the
477-20 board.]
477-21 [(e) The certificate of registration of a person who fails
477-22 to meet the renewal requirements under this section is void until
477-23 the person submits a new application, pays the appropriate fees,
477-24 and meets the registration requirements provided by Subchapter C.]
477-25 (c) Subchapter D, Chapter 352, Occupations Code, is amended
477-26 to conform to Section 15.04, Chapter 1411, Acts of the 76th
477-27 Legislature, Regular Session, 1999, by adding Sections 352.153 and
478-1 352.154 to read as follows:
478-2 Sec. 352.153. CONTINUING EDUCATION. (a) The board shall
478-3 recognize, prepare, or administer continuing education programs for
478-4 its registrants. A person registered under this chapter must
478-5 participate in the programs to the extent required by the board to
478-6 keep the person's certificate of registration.
478-7 (b) The board may not require more than 10 classroom hours
478-8 of continuing education courses each year.
478-9 Sec. 352.154. RENEWAL OF EXPIRED CERTIFICATE BY OUT-OF-STATE
478-10 PRACTITIONER. (a) A person who was registered in this state, moved
478-11 to another state, and is currently licensed or registered and has
478-12 been in practice in the other state for the two years preceding the
478-13 date of application may obtain a new certificate of registration
478-14 without reexamination.
478-15 (b) The person must pay to the department a fee that is
478-16 equal to two times the normally required renewal fee for the
478-17 certificate.
478-18 (d) Section 15.04, Chapter 1411, Acts of the 76th
478-19 Legislature, Regular Session, 1999, is repealed.
478-20 SECTION 14.162. (a) Section 352.251, Occupations Code, is
478-21 amended to conform to Section 15.05, Chapter 1411, Acts of the 76th
478-22 Legislature, Regular Session, 1999, to read as follows:
478-23 Sec. 352.251. DENIAL OF CERTIFICATE; DISCIPLINARY ACTION.
478-24 The department shall [may] deny an application for a certificate of
478-25 registration, suspend or revoke a certificate of registration, or
478-26 reprimand [place on probation] a person who is registered under
478-27 this chapter if the person:
479-1 (1) obtains a certificate of registration by means of
479-2 fraud, misrepresentation, or concealment of a material fact;
479-3 (2) sells, barters, or offers to sell or barter a
479-4 certificate of registration;
479-5 (3) violates a rule adopted by the board;
479-6 (4) violates Section 352.101; or
479-7 (5) practices medicine, therapeutic optometry, or
479-8 optometry without a license.
479-9 (b) Subchapter F, Chapter 352, Occupations Code, is amended
479-10 to conform to Section 15.05, Chapter 1411, Acts of the 76th
479-11 Legislature, Regular Session, 1999, by adding Section 352.2525 to
479-12 read as follows:
479-13 Sec. 352.2525. PROBATION. The board may place on probation a
479-14 person whose certificate of registration is suspended. If the
479-15 suspension is probated, the board may require the person to:
479-16 (1) report regularly to the department on matters that
479-17 are the basis of the probation;
479-18 (2) limit practice to the areas prescribed by the
479-19 board; or
479-20 (3) continue or review professional education until
479-21 the person attains a degree of skill satisfactory to the board in
479-22 those areas that are the basis of the probation.
479-23 (c) Section 352.253(a), Occupations Code, is amended to
479-24 conform to Section 15.05, Chapter 1411, Acts of the 76th
479-25 Legislature, Regular Session, 1999, to read as follows:
479-26 (a) A person whose application for a certificate of
479-27 registration is denied, [or] whose certificate of registration is
480-1 suspended or revoked, or who is reprimanded is entitled to a
480-2 hearing before the department if the person submits to the
480-3 department a written request for the hearing.
480-4 (d) Section 15.05, Chapter 1411, Acts of the 76th
480-5 Legislature, Regular Session, 1999, is repealed.
480-6 PART 8. CHANGES RELATING TO SUBTITLE G,
480-7 TITLE 3, OCCUPATIONS CODE
480-8 SECTION 14.171. (a) Section 401.201(a), Occupations Code, is
480-9 amended to conform to Section 7, Chapter 1444, Acts of the 76th
480-10 Legislature, Regular Session, 1999, to read as follows:
480-11 (a) With the assistance of the department, the board shall:
480-12 (1) administer, coordinate, and enforce this chapter;
480-13 (2) evaluate the qualifications of license applicants;
480-14 (3) provide for the examination of license applicants;
480-15 (4) in connection with a hearing under Section
480-16 401.454, issue subpoenas, examine witnesses, and administer oaths
480-17 under the laws of this state;
480-18 (5) conduct hearings and keep records and minutes
480-19 necessary to the orderly administration of this chapter; and
480-20 (6) investigate persons engaging in practices that
480-21 violate this chapter.
480-22 (b) Section 7, Chapter 1444, Acts of the 76th Legislature,
480-23 Regular Session, 1999, is repealed.
480-24 SECTION 14.172. (a) Subchapter F, Chapter 401, Occupations
480-25 Code, is amended to conform to Section 8, Chapter 1444, Acts of the
480-26 76th Legislature, Regular Session, 1999, by adding Section 401.2535
480-27 to read as follows:
481-1 Sec. 401.2535. COMPLAINT INVESTIGATION; SUBPOENA. (a) In
481-2 an investigation of a complaint filed with the board, the board may
481-3 request that the commissioner of public health or the
481-4 commissioner's designee approve the issuance of a subpoena. If the
481-5 request is approved, the board may issue a subpoena to compel the
481-6 attendance of a relevant witness or the production, for inspection
481-7 or copying, of relevant evidence that is in this state.
481-8 (b) A subpoena may be served personally or by certified
481-9 mail.
481-10 (c) If a person fails to comply with a subpoena, the board,
481-11 acting through the attorney general, may file suit to enforce the
481-12 subpoena in a district court in Travis County or in the county in
481-13 which a hearing conducted by the board may be held.
481-14 (d) On finding that good cause exists for issuing the
481-15 subpoena, the court shall order the person to comply with the
481-16 subpoena. The court may punish a person who fails to obey the
481-17 court order.
481-18 (e) The board may delegate the authority granted under
481-19 Subsection (a) to the secretary-treasurer of the board.
481-20 (f) The board shall pay a reasonable fee for photocopies
481-21 subpoenaed under this section in an amount not to exceed the amount
481-22 the board may charge for copies of its records.
481-23 (g) The reimbursement of the expenses of a witness whose
481-24 attendance is compelled under this section is governed by Section
481-25 2001.103, Government Code.
481-26 (h) All information and materials subpoenaed or compiled by
481-27 the board in connection with a complaint and investigation are
482-1 confidential and not subject to disclosure under Chapter 552,
482-2 Government Code, and not subject to disclosure, discovery,
482-3 subpoena, or other means of legal compulsion for their release to
482-4 anyone other than the board or its employees or agents involved in
482-5 discipline of the holder of a license, except that this information
482-6 may be disclosed to:
482-7 (1) persons involved with the board in a disciplinary
482-8 action against the holder of a license;
482-9 (2) professional speech-language pathologist and
482-10 audiologist licensing or disciplinary boards in other
482-11 jurisdictions;
482-12 (3) peer assistance programs approved by the board
482-13 under Chapter 467, Health and Safety Code;
482-14 (4) law enforcement agencies; and
482-15 (5) persons engaged in bona fide research, if all
482-16 individual-identifying information has been deleted.
482-17 (i) The filing of formal charges by the board against a
482-18 holder of a license, the nature of those charges, disciplinary
482-19 proceedings of the board, and final disciplinary actions, including
482-20 warnings and reprimands, by the board are not confidential and are
482-21 subject to disclosure in accordance with Chapter 552, Government
482-22 Code.
482-23 (b) Section 8, Chapter 1444, Acts of the 76th Legislature,
482-24 Regular Session, 1999, is repealed.
482-25 SECTION 14.173. (a) Section 402.101, Occupations Code, is
482-26 amended to conform to Section 11, Chapter 1444, Acts of the 76th
482-27 Legislature, Regular Session, 1999, to read as follows:
483-1 Sec. 402.101. GENERAL POWERS AND DUTIES. With the assistance
483-2 of the department, the committee shall:
483-3 (1) administer, coordinate, and enforce this chapter;
483-4 (2) evaluate the qualifications of applicants;
483-5 (3) examine applicants;
483-6 (4) in connection with a hearing under Section
483-7 402.502, issue subpoenas, examine witnesses, and administer oaths
483-8 under the laws of this state; and
483-9 (5) conduct hearings and keep records and minutes
483-10 necessary to the orderly administration of this chapter.
483-11 (b) Section 11, Chapter 1444, Acts of the 76th Legislature,
483-12 Regular Session, 1999, is repealed.
483-13 SECTION 14.174. (a) Subchapter D, Chapter 402, Occupations
483-14 Code, is amended to conform to Section 12, Chapter 1444, Acts of
483-15 the 76th Legislature, Regular Session, 1999, by adding Section
483-16 402.154 to read as follows:
483-17 Sec. 402.154. COMPLAINT INVESTIGATION; SUBPOENA. (a) In an
483-18 investigation of a complaint filed with the committee, the
483-19 committee may request that the commissioner of public health or the
483-20 commissioner's designee approve the issuance of a subpoena. If the
483-21 request is approved, the committee may issue a subpoena to compel
483-22 the attendance of a relevant witness or the production, for
483-23 inspection or copying, of relevant evidence that is in this state.
483-24 (b) A subpoena may be served personally or by certified
483-25 mail.
483-26 (c) If a person fails to comply with a subpoena, the
483-27 committee, acting through the attorney general, may file suit to
484-1 enforce the subpoena in a district court in Travis County or in the
484-2 county in which a hearing conducted by the committee may be held.
484-3 (d) On finding that good cause exists for issuing the
484-4 subpoena, the court shall order the person to comply with the
484-5 subpoena. The court may punish a person who fails to obey the
484-6 court order.
484-7 (e) The committee may delegate the authority granted under
484-8 Subsection (a) to the president or vice president of the
484-9 committee.
484-10 (f) The committee shall pay a reasonable fee for photocopies
484-11 subpoenaed under this section in an amount not to exceed the amount
484-12 the committee may charge for copies of its records.
484-13 (g) The reimbursement of the expenses of a witness whose
484-14 attendance is compelled under this section is governed by Section
484-15 2001.103, Government Code.
484-16 (h) All information and materials subpoenaed or compiled by
484-17 the committee in connection with a complaint and investigation are
484-18 confidential and not subject to disclosure under Chapter 552,
484-19 Government Code, and not subject to disclosure, discovery,
484-20 subpoena, or other means of legal compulsion for their release to
484-21 anyone other than the committee or its agents or employees who are
484-22 involved in discipline of the holder of a license, except that this
484-23 information may be disclosed to:
484-24 (1) persons involved with the committee in a
484-25 disciplinary action against the holder of a license;
484-26 (2) professional licensing or disciplinary boards for
484-27 the fitting and dispensing of hearing instruments in other
485-1 jurisdictions;
485-2 (3) peer assistance programs approved by the board
485-3 under Chapter 467, Health and Safety Code;
485-4 (4) law enforcement agencies; and
485-5 (5) persons engaged in bona fide research, if all
485-6 individual-identifying information has been deleted.
485-7 (i) The filing of formal charges by the committee against a
485-8 holder of a license, the nature of those charges, disciplinary
485-9 proceedings of the committee, and final disciplinary actions,
485-10 including warnings and reprimands, by the committee are not
485-11 confidential and are subject to disclosure in accordance with
485-12 Chapter 552, Government Code.
485-13 (b) Section 12, Chapter 1444, Acts of the 76th Legislature,
485-14 Regular Session, 1999, is repealed.
485-15 PART 9. CHANGES RELATING TO SUBTITLE H,
485-16 TITLE 3, OCCUPATIONS CODE
485-17 SECTION 14.201. (a) Section 451.001, Occupations Code, is
485-18 amended to conform to Section 1, Chapter 445, Acts of the 76th
485-19 Legislature, Regular Session, 1999, to read as follows:
485-20 Sec. 451.001. DEFINITIONS. In this chapter:
485-21 (1) "Athletic injury" means an injury sustained by a
485-22 person as a result of the person's participation in an organized
485-23 sport or sport-related exercise or activity, including
485-24 interscholastic, intercollegiate, intramural, semiprofessional, and
485-25 professional sports activities.
485-26 (2) "Athletic trainer" means a person who practices
485-27 athletic training, is licensed by the board, and may use the
486-1 initials "LAT," "LATC," and "AT" to designate the person as an
486-2 athletic trainer. The terms "sports trainer" and "licensed
486-3 athletic trainer" are equivalent to "athletic trainer."[, on the
486-4 advice and consent of the team physician, practices the prevention
486-5 or physical rehabilitation of injuries to athletes through the use
486-6 of physical modalities, including heat, light, sound, cold,
486-7 electricity, or mechanical devices related to rehabilitation and
486-8 treatment.]
486-9 (3) "Athletic training" means the form of health care
486-10 that includes the practice of preventing, recognizing, assessing,
486-11 managing, treating, disposing of, and reconditioning athletic
486-12 injuries under the direction of a physician licensed in this state
486-13 or another qualified, licensed health professional who is
486-14 authorized to refer for health care services within the scope of
486-15 the person's license.
486-16 (4) [(2)] "Board" means the Advisory Board of Athletic
486-17 Trainers.
486-18 (5) "Commissioner" means the commissioner of public
486-19 health.
486-20 (6) [(3)] "Department" means the Texas Department of
486-21 Health.
486-22 (b) Section 451.003, Occupations Code, is amended to conform
486-23 to Section 1, Chapter 445, Acts of the 76th Legislature, Regular
486-24 Session, 1999, to read as follows:
486-25 Sec. 451.003. APPLICABILITY. This chapter does not apply
486-26 to:
486-27 (1) a physician licensed by the Texas State Board of
487-1 Medical Examiners;
487-2 (2) a dentist, licensed under the laws of this state,
487-3 engaged in the practice of dentistry;
487-4 (3) a licensed optometrist or therapeutic optometrist
487-5 engaged in the practice of optometry or therapeutic optometry as
487-6 defined by statute;
487-7 (4) an occupational therapist engaged in the practice
487-8 of occupational therapy;
487-9 (5) a nurse engaged in the practice of nursing;
487-10 (6) a licensed podiatrist engaged in the practice of
487-11 podiatry as defined by statute;
487-12 (7) a physical therapist engaged in the practice of
487-13 physical therapy;
487-14 (8) a registered massage therapist engaged in the
487-15 practice of massage therapy; [or]
487-16 (9) a commissioned or contract physician, physical
487-17 therapist, or physical therapist assistant in the United States
487-18 Army, Navy, Air Force, or Public Health Service; or
487-19 (10) an athletic trainer who does not live in this
487-20 state, who is licensed, registered, or certified by an authority
487-21 recognized by the board, and who provides athletic training in this
487-22 state for a period determined by the board.
487-23 (c) Section 1, Chapter 445, Acts of the 76th Legislature,
487-24 Regular Session, 1999, is repealed.
487-25 SECTION 14.202. (a) Section 451.051, Occupations Code, is
487-26 amended to conform to Section 13.01, Chapter 1411, Acts of the 76th
487-27 Legislature, Regular Session, 1999, by amending Subsections (b) and
488-1 (c) and adding Subsection (d) to read as follows:
488-2 (b) The board consists of six members appointed by the
488-3 governor with the advice and consent of the senate as follows:
488-4 (1) four members who are athletic trainers; and
488-5 (2) two members who represent the public.
488-6 (c) Each member of the board must be[:]
488-7 [(1)] a citizen of the United States and a resident of
488-8 this state for the five years preceding appointment[; and]
488-9 [(2) a licensed athletic trainer].
488-10 (d) Appointments to the board shall be made without regard
488-11 to the race, color, disability, sex, religion, age, or national
488-12 origin of the appointee.
488-13 (b) Subchapter B, Chapter 451, Occupations Code, is amended
488-14 to conform to Sections 13.01 and 13.02, Chapter 1411, Acts of the
488-15 76th Legislature, Regular Session, 1999, by adding Sections
488-16 451.0511, 451.0512, 451.0513, and 451.057 to read as follows:
488-17 Sec. 451.0511. PUBLIC MEMBER ELIGIBILITY. A person may not
488-18 be a public member of the board if the person or the person's
488-19 spouse:
488-20 (1) is registered, certified, or licensed by a
488-21 regulatory agency in the field of athletic training;
488-22 (2) is employed by or participates in the management
488-23 of a business entity or other organization regulated by or
488-24 receiving money from the board;
488-25 (3) owns or controls, directly or indirectly, more
488-26 than a 10 percent interest in a business entity or other
488-27 organization regulated by or receiving money from the board; or
489-1 (4) uses or receives a substantial amount of tangible
489-2 goods, services, or money from the board other than compensation or
489-3 reimbursement authorized by law for board membership, attendance,
489-4 or expenses.
489-5 Sec. 451.0512. MEMBERSHIP RESTRICTIONS. (a) In this
489-6 section, "Texas trade association" means a cooperative and
489-7 voluntarily joined association of business or professional
489-8 competitors in this state designed to assist its members and its
489-9 industry or profession in dealing with mutual business or
489-10 professional problems and in promoting their common interest.
489-11 (b) A person may not be a member of the board if:
489-12 (1) the person is an officer, employee, or paid
489-13 consultant of a Texas trade association in the field of athletic
489-14 training; or
489-15 (2) the person's spouse is an officer, manager, or
489-16 paid consultant of a Texas trade association in the field of
489-17 athletic training.
489-18 (c) A person may not be a member of the board if the person
489-19 is required to register as a lobbyist under Chapter 305, Government
489-20 Code, because of the person's activities for compensation on behalf
489-21 of a profession related to the operation of the board.
489-22 Sec. 451.0513. GROUNDS FOR REMOVAL. (a) It is a ground for
489-23 removal from the board that a member:
489-24 (1) does not have at the time of taking office the
489-25 qualifications required by Section 451.051;
489-26 (2) does not maintain during service on the board the
489-27 qualifications required by Section 451.051;
490-1 (3) is ineligible for membership under Section
490-2 451.0512;
490-3 (4) cannot, because of illness or disability,
490-4 discharge the member's duties for a substantial part of the
490-5 member's term; or
490-6 (5) is absent from more than half of the regularly
490-7 scheduled board meetings that the member is eligible to attend
490-8 during a calendar year without an excuse approved by the board.
490-9 (b) The validity of an action of the board is not affected
490-10 by the fact that it is taken when a ground for removal of a board
490-11 member exists.
490-12 (c) If the commissioner has knowledge that a potential
490-13 ground for removal exists, the commissioner shall notify the
490-14 presiding officer of the board of the potential ground. The
490-15 presiding officer shall then notify the governor and the attorney
490-16 general that a potential ground for removal exists. If the
490-17 potential ground for removal involves the presiding officer, the
490-18 commissioner shall notify the next highest ranking officer of the
490-19 board, who shall then notify the governor and the attorney general
490-20 that a potential ground for removal exists.
490-21 Sec. 451.057. TRAINING. (a) A person who is appointed to
490-22 and qualifies for office as a member of the board may not vote,
490-23 deliberate, or be counted as a member in attendance at a meeting of
490-24 the board until the person completes a training program that
490-25 complies with this section.
490-26 (b) The training program must provide the person with
490-27 information regarding:
491-1 (1) the legislation that created the board;
491-2 (2) the programs operated by the board;
491-3 (3) the role and functions of the board;
491-4 (4) the rules of the board, with an emphasis on the
491-5 rules that relate to disciplinary and investigatory authority;
491-6 (5) the current budget for the board;
491-7 (6) the results of the most recent formal audit of the
491-8 board;
491-9 (7) the requirements of:
491-10 (A) the open meetings law, Chapter 551,
491-11 Government Code;
491-12 (B) the public information law, Chapter 552,
491-13 Government Code;
491-14 (C) the administrative procedure law, Chapter
491-15 2001, Government Code; and
491-16 (D) other laws relating to public officials,
491-17 including conflict of interest laws; and
491-18 (8) any applicable ethics policies adopted by the
491-19 board or the Texas Ethics Commission.
491-20 (c) A person appointed to the board is entitled to
491-21 reimbursement, as provided by the General Appropriations Act, for
491-22 the travel expenses incurred in attending the training program,
491-23 regardless of whether the attendance at the program occurs before
491-24 or after the person qualifies for office.
491-25 (c) Subchapter C, Chapter 451, Occupations Code, is amended
491-26 to conform to Section 13.02, Chapter 1411, Acts of the 76th
491-27 Legislature, Regular Session, 1999, by adding Sections 451.1015 and
492-1 451.1016 to read as follows:
492-2 Sec. 451.1015. STANDARDS OF CONDUCT INFORMATION. The
492-3 commissioner or the commissioner's designee shall provide to
492-4 members of the board, as often as necessary, information regarding
492-5 the requirements for office under this chapter, including
492-6 information regarding a person's responsibilities under applicable
492-7 laws relating to standards of conduct for state officers.
492-8 Sec. 451.1016. DIVISION OF RESPONSIBILITIES. The board shall
492-9 develop and implement policies that clearly separate the
492-10 policy-making responsibilities of the board and the management
492-11 responsibilities of the commissioner and the staff of the
492-12 department.
492-13 (d) Sections 13.01 and 13.02, Chapter 1411, Acts of the 76th
492-14 Legislature, Regular Session, 1999, are repealed.
492-15 SECTION 14.203. (a) Section 451.055(a), Occupations Code,
492-16 is amended to conform to Section 13.03, Chapter 1411, Acts of the
492-17 76th Legislature, Regular Session, 1999, to read as follows:
492-18 (a) The governor shall designate a member of the board as
492-19 the board's presiding officer to serve in that capacity at the will
492-20 of the governor. The board shall elect an assistant [a] presiding
492-21 officer[, vice presiding officer,] and secretary-treasurer from its
492-22 members. The assistant presiding officer[, vice presiding
492-23 officer,] and secretary-treasurer serve a one-year term.
492-24 (b) Subchapter C, Chapter 451, Occupations Code, is amended
492-25 to conform to Sections 13.03 and 13.04, Chapter 1411, Acts of the
492-26 76th Legislature, Regular Session, 1999, and Section 4, Chapter
492-27 1444, Acts of the 76th Legislature, Regular Session, 1999, by
493-1 adding Sections 451.108-451.110 to read as follows:
493-2 Sec. 451.108. PUBLIC PARTICIPATION. The board shall develop
493-3 and implement policies that provide the public with a reasonable
493-4 opportunity to appear before the board and to speak on any issue
493-5 under the jurisdiction of the board.
493-6 Sec. 451.109. COMPLAINTS. (a) The board shall maintain a
493-7 file on each written complaint filed with the board. The file must
493-8 include:
493-9 (1) the name of the person who filed the complaint;
493-10 (2) the date the complaint is received by the board;
493-11 (3) the subject matter of the complaint;
493-12 (4) the name of each person contacted in relation to
493-13 the complaint;
493-14 (5) a summary of the results of the review or
493-15 investigation of the complaint; and
493-16 (6) an explanation of the reason the file was closed,
493-17 if the board closed the file without taking action other than to
493-18 investigate the complaint.
493-19 (b) The board shall provide to the person filing the
493-20 complaint and to each person who is a subject of the complaint a
493-21 copy of the board's policies and procedures relating to complaint
493-22 investigation and resolution.
493-23 (c) The board, at least quarterly until final disposition of
493-24 the complaint, shall notify the person filing the complaint and
493-25 each person who is a subject of the complaint of the status of the
493-26 investigation unless the notice would jeopardize an undercover
493-27 investigation.
494-1 Sec. 451.110. SUBPOENAS. (a) In an investigation of a
494-2 complaint filed with the board, the board may request that the
494-3 commissioner or the commissioner's designee approve the issuance of
494-4 a subpoena. If the request is approved, the board may issue a
494-5 subpoena to compel the attendance of a relevant witness or the
494-6 production, for inspection or copying, of relevant evidence that is
494-7 in this state.
494-8 (b) A subpoena may be served personally or by certified
494-9 mail.
494-10 (c) If a person fails to comply with the subpoena, the
494-11 board, acting through the attorney general, may file suit to
494-12 enforce the subpoena in a district court in Travis County or in the
494-13 county in which a hearing conducted by the board may be held.
494-14 (d) On finding that good cause exists for issuing the
494-15 subpoena, the court shall order the person to comply with the
494-16 subpoena. The court may punish a person who fails to obey the
494-17 court order.
494-18 (e) The board may delegate the authority granted under
494-19 Subsection (a) to the secretary-treasurer or executive secretary of
494-20 the board.
494-21 (f) The board shall pay a reasonable fee for photocopies
494-22 subpoenaed under this section in an amount not to exceed the amount
494-23 the board may charge for copies of its records.
494-24 (g) The reimbursement of the expenses of a witness whose
494-25 attendance is compelled under this section is governed by Section
494-26 2001.103, Government Code.
494-27 (h) All information and materials subpoenaed or compiled by
495-1 the board in connection with a complaint and investigation are
495-2 confidential and not subject to disclosure under Chapter 552,
495-3 Government Code, and not subject to disclosure, discovery,
495-4 subpoena, or other means of legal compulsion for their release to
495-5 anyone other than the board or its employees or agents involved in
495-6 discipline of the holder of a license, except that this information
495-7 may be disclosed to:
495-8 (1) persons involved with the board in a disciplinary
495-9 action against the holder of a license;
495-10 (2) athletic trainer licensing or disciplinary boards
495-11 in other jurisdictions;
495-12 (3) peer assistance programs approved by the board
495-13 under Chapter 467, Health and Safety Code;
495-14 (4) law enforcement agencies; and
495-15 (5) persons engaged in bona fide research, if all
495-16 individual-identifying information has been deleted.
495-17 (i) The filing of formal charges by the board against a
495-18 holder of a license, the nature of those charges, disciplinary
495-19 proceedings of the board, and final disciplinary actions, including
495-20 warnings and reprimands, by the board are not confidential and are
495-21 subject to disclosure in accordance with Chapter 552, Government
495-22 Code.
495-23 (c) The following are repealed:
495-24 (1) Sections 13.03 and 13.04, Chapter 1411, Acts of
495-25 the 76th Legislature, Regular Session, 1999; and
495-26 (2) Section 4, Chapter 1444, Acts of the 76th
495-27 Legislature, Regular Session, 1999.
496-1 SECTION 14.204. (a) Section 451.101(a), Occupations Code,
496-2 is amended to conform to Section 13.05, Chapter 1411, Acts of the
496-3 76th Legislature, Regular Session, 1999, to read as follows:
496-4 (a) The board shall:
496-5 (1) [establish guidelines for athletic trainers,
496-6 including requirements for continuing education;]
496-7 [(2)] adopt an official seal;
496-8 (2) [(3)] prescribe the application form for a license
496-9 applicant;
496-10 (3) [(4)] prescribe a suitable form for a license
496-11 certificate; and
496-12 (4) [(5)] prepare and conduct an examination for
496-13 license applicants.
496-14 (b) Subchapter E, Chapter 451, Occupations Code, is amended
496-15 to conform to Section 13.05, Chapter 1411, Acts of the 76th
496-16 Legislature, Regular Session, 1999, by adding Section 451.204 to
496-17 read as follows:
496-18 Sec. 451.204. CONTINUING EDUCATION. The board shall
496-19 recognize, prepare, or administer continuing education programs for
496-20 its license holders. A license holder must participate in the
496-21 programs to the extent required by the board to keep the person's
496-22 license.
496-23 (c) Section 13.05, Chapter 1411, Acts of the 76th
496-24 Legislature, Regular Session, 1999, is repealed.
496-25 SECTION 14.205. (a) Subchapter C, Chapter 451, Occupations
496-26 Code, is amended to conform to Section 13.06, Chapter 1411, Acts of
496-27 the 76th Legislature, Regular Session, 1999, by adding Section
497-1 451.1035 to read as follows:
497-2 Sec. 451.1035. RULES REGARDING ADVERTISING OR COMPETITIVE
497-3 BIDDING. (a) The board may not adopt rules restricting advertising
497-4 or competitive bidding by a license holder except to prohibit
497-5 false, misleading, or deceptive practices.
497-6 (b) In its rules to prohibit false, misleading, or deceptive
497-7 practices, the board may not include a rule that:
497-8 (1) restricts the use of any medium for advertising;
497-9 (2) restricts the use of a license holder's personal
497-10 appearance or voice in an advertisement;
497-11 (3) relates to the size or duration of an
497-12 advertisement by the license holder; or
497-13 (4) restricts the license holder's advertisement under
497-14 a trade name.
497-15 (b) Section 13.06, Chapter 1411, Acts of the 76th
497-16 Legislature, Regular Session, 1999, is repealed.
497-17 SECTION 14.206. (a) Sections 451.202(a)-(d), Occupations
497-18 Code, are amended to conform to Section 13.07, Chapter 1411, Acts
497-19 of the 76th Legislature, Regular Session, 1999, to read as follows:
497-20 (a) A person who is otherwise eligible to renew a license
497-21 may renew an unexpired license by paying the required renewal fee
497-22 to the board before the expiration date of the license. A person
497-23 whose license has expired may not engage in activities that require
497-24 a license until the license has been renewed.
497-25 (b) If the person's license has been expired for 90 days or
497-26 less, the person may renew the license by paying to the board a
497-27 [the] renewal fee that is 1-1/2 times the normally required renewal
498-1 fee [and a fee that is equal to half of the examination fee for the
498-2 license].
498-3 (c) If the person's license has been expired for longer than
498-4 90 days but less than one year [two years], the person may renew
498-5 the license by paying to the board a [all unpaid] renewal [fees and
498-6 a] fee that is equal to two times the normally required renewal fee
498-7 [the examination fee] for the license.
498-8 (d) If the person's license has been expired for one year
498-9 [two years] or longer, the person may not renew the license. The
498-10 person may obtain a new license by submitting to reexamination and
498-11 complying with the requirements and procedures for obtaining an
498-12 original license.
498-13 (b) Section 451.203(b), Occupations Code, is amended to
498-14 conform to Section 13.07, Chapter 1411, Acts of the 76th
498-15 Legislature, Regular Session, 1999, to read as follows:
498-16 (b) The person must pay to the board a fee that is equal to
498-17 two times the normally required renewal [the examination] fee for
498-18 the license.
498-19 (c) Section 13.07, Chapter 1411, Acts of the 76th
498-20 Legislature, Regular Session, 1999, is repealed.
498-21 SECTION 14.207. (a) Section 451.251(a), Occupations Code,
498-22 is amended to conform to Section 13.08, Chapter 1411, Acts of the
498-23 76th Legislature, Regular Session, 1999, and Section 2, Chapter
498-24 445, Acts of the 76th Legislature, Regular Session, 1999, to read
498-25 as follows:
498-26 (a) The board may refuse to issue a license to an applicant
498-27 and shall reprimand a license holder or [may] suspend, [or] revoke,
499-1 or refuse to renew a [the] person's license if the person:
499-2 (1) has been convicted of a misdemeanor involving
499-3 moral turpitude or a felony;
499-4 (2) obtained the license by fraud or deceit; [or]
499-5 (3) violated or conspired to violate this chapter or a
499-6 rule adopted under this chapter; or
499-7 (4) provided services outside the scope of practice of
499-8 athletic training.
499-9 (b) Subchapter F, Chapter 451, Occupations Code, is amended
499-10 to conform to Section 13.08, Chapter 1411, Acts of the 76th
499-11 Legislature, Regular Session, 1999, by adding Section 451.2512 to
499-12 read as follows:
499-13 Sec. 451.2512. PROBATION. The board may place on probation
499-14 a person whose license is suspended. If a suspension is probated,
499-15 the board may require the person to:
499-16 (1) report regularly to the board on matters that are
499-17 the basis of the probation;
499-18 (2) limit practice to the areas prescribed by the
499-19 board; or
499-20 (3) continue or review professional education until
499-21 the person attains a degree of skill satisfactory to the board in
499-22 those areas that are the basis of the probation.
499-23 (c) Section 13.08, Chapter 1411, Acts of the 76th
499-24 Legislature, Regular Session, 1999, and Section 2, Chapter 445,
499-25 Acts of the 76th Legislature, Regular Session, 1999, are repealed.
499-26 SECTION 14.208. (a) Chapter 451, Occupations Code, is
499-27 amended to conform to Section 13.09, Chapter 1411, Acts of the 76th
500-1 Legislature, Regular Session, 1999, by adding Subchapter H to read
500-2 as follows:
500-3 SUBCHAPTER H. ADMINISTRATIVE PENALTY
500-4 Sec. 451.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
500-5 board may impose an administrative penalty on a person licensed
500-6 under this chapter who violates this chapter or a rule or order
500-7 adopted under this chapter. A penalty collected under this section
500-8 or Section 451.352 shall be deposited in the state treasury in the
500-9 general revenue fund.
500-10 (b) A proceeding to impose the penalty is considered to be a
500-11 contested case under Chapter 2001, Government Code.
500-12 (c) The amount of the penalty may not exceed $500 for each
500-13 violation, and each day a violation continues or occurs is a
500-14 separate violation for purposes of imposing a penalty. The total
500-15 amount of the penalty assessed for a violation continuing or
500-16 occurring on separate days under this subsection may not exceed
500-17 $2,500.
500-18 (d) The amount shall be based on:
500-19 (1) the seriousness of the violation, including the
500-20 nature, circumstances, extent, and gravity of the violation;
500-21 (2) the threat to health or safety caused by the
500-22 violation;
500-23 (3) the history of previous violations;
500-24 (4) the amount necessary to deter a future violation;
500-25 (5) whether the violator demonstrated good faith,
500-26 including, when applicable, whether the violator made good faith
500-27 efforts to correct the violation; and
501-1 (6) any other matter that justice may require.
501-2 (e) If the executive secretary determines that a violation
501-3 occurred, the executive secretary shall give written notice of the
501-4 violation by certified mail to the person.
501-5 (f) The notice under Subsection (e) must:
501-6 (1) include a brief summary of the alleged violation;
501-7 (2) state the amount of the recommended penalty; and
501-8 (3) inform the person of the person's right to a
501-9 hearing on the occurrence of the violation, the amount of the
501-10 penalty, or both.
501-11 (g) Within 20 days after the date the person receives the
501-12 notice under Subsection (e), the person in writing may:
501-13 (1) accept the determination and recommended penalty
501-14 of the executive secretary; or
501-15 (2) make a request for a hearing on the occurrence of
501-16 the violation, the amount of the penalty, or both.
501-17 (h) If the person accepts the determination and recommended
501-18 penalty or if the person fails to respond to the notice, the board
501-19 by order shall approve the determination and impose the recommended
501-20 penalty.
501-21 (i) If the person requests a hearing, the board shall refer
501-22 the matter to the State Office of Administrative Hearings, which
501-23 shall promptly set a hearing date and give written notice of the
501-24 time and place of the hearing to the person. An administrative law
501-25 judge of the State Office of Administrative Hearings shall conduct
501-26 the hearing.
501-27 (j) The administrative law judge shall make findings of fact
502-1 and conclusions of law and promptly issue to the board a proposal
502-2 for a decision about the occurrence of the violation and the amount
502-3 of a proposed penalty.
502-4 (k) Based on the findings of fact, conclusions of law, and
502-5 proposal for a decision, the board by order may determine that:
502-6 (1) a violation occurred and impose a penalty; or
502-7 (2) a violation did not occur.
502-8 (l) The notice of the board's order under Subsection (k)
502-9 that is sent to the person in accordance with Chapter 2001,
502-10 Government Code, must include a statement of the right of the
502-11 person to judicial review of the order.
502-12 Sec. 451.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE
502-13 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
502-14 order of the board under Section 451.351(k) that imposes an
502-15 administrative penalty becomes final, the person shall:
502-16 (1) pay the penalty; or
502-17 (2) file a petition for judicial review of the board's
502-18 order contesting the occurrence of the violation, the amount of the
502-19 penalty, or both.
502-20 (b) Within the 30-day period prescribed by Subsection (a), a
502-21 person who files a petition for judicial review may:
502-22 (1) stay enforcement of the penalty by:
502-23 (A) paying the penalty to the court for
502-24 placement in an escrow account; or
502-25 (B) giving the court a supersedeas bond approved
502-26 by the court that is:
502-27 (i) for the amount of the penalty; and
503-1 (ii) effective until all judicial review
503-2 of the board's order is final; or
503-3 (2) request the court to stay enforcement of the
503-4 penalty by:
503-5 (A) filing with the court a sworn affidavit of
503-6 the person stating that the person is financially unable to pay the
503-7 penalty and is financially unable to give the supersedeas bond; and
503-8 (B) sending a copy of the affidavit to the board
503-9 by certified mail.
503-10 (c) If the board receives a copy of an affidavit under
503-11 Subsection (b)(2), the board may file with the court, within five
503-12 days after the date the copy is received, a contest to the
503-13 affidavit. The court shall hold a hearing on the facts alleged in
503-14 the affidavit as soon as practicable and shall stay the enforcement
503-15 of the penalty on finding that the alleged facts are true. The
503-16 person who files an affidavit has the burden of proving that the
503-17 person is financially unable to pay the penalty or to give a
503-18 supersedeas bond.
503-19 (d) If the person does not pay the penalty and the
503-20 enforcement of the penalty is not stayed, the penalty may be
503-21 collected. The attorney general may sue to collect the penalty.
503-22 (e) If the court sustains the determination that a violation
503-23 occurred, the court may uphold or reduce the amount of the penalty
503-24 and order the person to pay the full or reduced amount of the
503-25 penalty.
503-26 (f) If the court does not sustain the determination that a
503-27 violation occurred, the court shall order that a penalty is not
504-1 owed.
504-2 (g) If the person paid the penalty and if the amount of the
504-3 penalty is reduced or the penalty is not upheld by the court, the
504-4 court shall order, when the court's judgment becomes final, that
504-5 the appropriate amount plus accrued interest be remitted to the
504-6 person within 30 days after the date the judgment of the court
504-7 becomes final. The interest accrues at the rate charged on loans
504-8 to depository institutions by the New York Federal Reserve Bank.
504-9 The interest shall be paid for the period beginning on the date the
504-10 penalty is paid and ending on the date the penalty is remitted.
504-11 (h) If the person gave a supersedeas bond and the penalty is
504-12 not upheld by the court, the court shall order, when the court's
504-13 judgment becomes final, the release of the bond. If the person gave
504-14 a supersedeas bond and the amount of the penalty is reduced, the
504-15 court shall order the release of the bond after the person pays the
504-16 reduced amount.
504-17 (b) Section 13.09, Chapter 1411, Acts of the 76th
504-18 Legislature, Regular Session, 1999, is repealed.
504-19 SECTION 14.209. (a) Section 453.106(c), Occupations Code,
504-20 is amended to conform to Section 5, Chapter 20, Acts of the 76th
504-21 Legislature, Regular Session, 1999, to read as follows:
504-22 (c) On March 1 of each year, the coordinator of physical
504-23 therapy programs shall transmit an official copy of the list to the
504-24 executive council [and the secretary of state for permanent
504-25 record].
504-26 (b) Section 5, Chapter 20, Acts of the 76th Legislature,
504-27 Regular Session, 1999, is repealed.
505-1 SECTION 14.2095. Section 453.201(d), Occupations Code, is
505-2 amended to more accurately reflect the law from which it was
505-3 derived to read as follows:
505-4 (d) Unless the person is a physical therapist, a [A] person,
505-5 including the person's employee or other agent or representative,
505-6 may not use in connection with the person's name or business
505-7 activity:
505-8 (1) the words "physical therapy," "physical
505-9 therapist," "physiotherapy," "physiotherapist," "licensed physical
505-10 therapist," "registered physical therapist," or "physical therapist
505-11 assistant";
505-12 (2) the letters "PT," "PhT," "LPT," "RPT," or "PTA";
505-13 or
505-14 (3) any other words, letters, abbreviations, or
505-15 insignia indicating or implying, by any means or in any way, that
505-16 physical therapy is provided or supplied.
505-17 SECTION 14.210. (a) Section 453.254, Occupations Code, is
505-18 amended to conform to Section 1, Chapter 938, Acts of the 76th
505-19 Legislature, Regular Session, 1999, by adding Subsection (d) to
505-20 read as follows:
505-21 (d) In developing a process under Subsection (a) for the
505-22 evaluation and approval of continuing education courses, the board
505-23 shall authorize license holder peer organizations to evaluate and
505-24 approve courses in accordance with the established process.
505-25 (b) Section 1, Chapter 938, Acts of the 76th Legislature,
505-26 Regular Session, 1999, is repealed.
505-27 SECTION 14.211. (a) Section 454.051(a), Occupations Code,
506-1 is amended to conform to Section 1, Chapter 548, Acts of the 76th
506-2 Legislature, Regular Session, 1999, to read as follows:
506-3 (a) The Texas Board of Occupational Therapy Examiners
506-4 consists of nine [six] members appointed by the governor with the
506-5 advice and consent of the senate as follows:
506-6 (1) four [three] occupational therapist members who
506-7 have practiced occupational therapy for at least the three years
506-8 preceding appointment to the board;
506-9 (2) two [one] occupational therapy assistant members,
506-10 each of whom [member who] has practiced as an occupational therapy
506-11 assistant for at least the three years preceding appointment to the
506-12 board; and
506-13 (3) three [two] members who represent the public and
506-14 who are not occupational therapists.
506-15 (b) Section 454.054(a), Occupations Code, is amended to
506-16 conform to Section 1, Chapter 548, Acts of the 76th Legislature,
506-17 Regular Session, 1999, to read as follows:
506-18 (a) Members of the board serve staggered six-year terms,
506-19 with the terms of two members licensed under this chapter and one
506-20 member who represents the public expiring on February 1 of each
506-21 odd-numbered year.
506-22 (c) Section 1, Chapter 548, Acts of the 76th Legislature,
506-23 Regular Session, 1999, is repealed.
506-24 SECTION 14.212. (a) Section 454.056(b), Occupations Code,
506-25 is amended to conform to Section 2, Chapter 548, Acts of the 76th
506-26 Legislature, Regular Session, 1999, to read as follows:
506-27 (b) A member may receive reimbursement for meals, lodging,
507-1 and transportation expenses as provided by the General
507-2 Appropriations Act. [A member may not receive reimbursement for any
507-3 other travel expenses, including expenses for meals and lodging.]
507-4 (b) Section 2, Chapter 548, Acts of the 76th Legislature,
507-5 Regular Session, 1999, is repealed.
507-6 SECTION 14.213. (a) Section 454.106(c), Occupations Code,
507-7 is amended to conform to Section 8, Chapter 20, Acts of the 76th
507-8 Legislature, Regular Session, 1999, to read as follows:
507-9 (c) On March 1 of each year, the coordinator of occupational
507-10 therapy programs shall transmit an official copy of the list to the
507-11 executive council [and the secretary of state for permanent
507-12 record].
507-13 (b) Section 8, Chapter 20, Acts of the 76th Legislature,
507-14 Regular Session, 1999, is repealed.
507-15 SECTION 14.214. (a) Section 454.210, Occupations Code, is
507-16 amended to conform to Section 4, Chapter 548, Acts of the 76th
507-17 Legislature, Regular Session, 1999, to read as follows:
507-18 Sec. 454.210. PROVISIONAL LICENSE. (a) On application, the
507-19 board shall issue a provisional license for the practice of
507-20 occupational therapy to an applicant who:
507-21 (1) is licensed in good standing as an occupational
507-22 therapist or occupational therapy assistant in another state that
507-23 has licensing requirements that are substantially equivalent to the
507-24 requirements of this chapter; and
507-25 (2) has passed a national examination or other
507-26 examination recognized by the board relating to the practice of
507-27 occupational therapy[; and]
508-1 [(3) is sponsored by a person licensed under this
508-2 chapter with whom the provisional license holder may practice].
508-3 (b) [The board may waive the requirement of Subsection
508-4 (a)(3) if the board determines that compliance with that
508-5 requirement constitutes a hardship to the applicant.]
508-6 [(c)] A provisional license is valid until the date the
508-7 board approves or denies the provisional license holder's
508-8 application for an occupational therapist or occupational therapy
508-9 assistant license.
508-10 (c) [(d)] The board shall issue an occupational therapist or
508-11 occupational therapy assistant license to the provisional license
508-12 holder if:
508-13 (1) the provisional license holder passes a
508-14 jurisprudence examination, if required;
508-15 (2) the board verifies that the provisional license
508-16 holder has the academic and experience requirements for an
508-17 occupational therapist or occupational therapy assistant license;
508-18 and
508-19 (3) the provisional license holder satisfies any other
508-20 requirements for an occupational therapist or occupational therapy
508-21 assistant license.
508-22 (d) [(e)] The board must complete the processing of a
508-23 provisional license holder's application for a license not later
508-24 than the 180th day after the date the provisional license is
508-25 issued. The board may extend that deadline if the results of an
508-26 examination have not been received by the board.
508-27 (b) Section 4, Chapter 548, Acts of the 76th Legislature,
509-1 Regular Session, 1999, is repealed.
509-2 SECTION 14.215. (a) Section 454.213, Occupations Code, is
509-3 amended to conform to Section 1, Chapter 1210, Acts of the 76th
509-4 Legislature, Regular Session, 1999, to read as follows:
509-5 Sec. 454.213. ACCEPTED PRACTICE; PRACTITIONER'S
509-6 [PHYSICIAN'S] REFERRAL. (a) An occupational therapist may enter a
509-7 case to:
509-8 (1) provide consultation and monitored services; or
509-9 (2) evaluate a person for the need for services.
509-10 (b) Implementation of direct occupational therapy to a
509-11 person for a specific health care [medical] condition must be based
509-12 on a referral from:
509-13 (1) a physician licensed by a state board of medical
509-14 examiners;
509-15 (2) a dentist licensed by a state board of dental
509-16 examiners;
509-17 (3) a chiropractor licensed by a state board of
509-18 chiropractic examiners;
509-19 (4) a podiatrist licensed by a state board of
509-20 podiatric medical examiners; or
509-21 (5) another qualified, licensed health care
509-22 professional who is authorized to refer for health care services
509-23 within the scope of the professional's license [to practice in this
509-24 state].
509-25 (c) The professional who takes action under this section is
509-26 a referring practitioner.
509-27 (b) Section 1, Chapter 1210, Acts of the 76th Legislature,
510-1 Regular Session, 1999, is repealed.
510-2 SECTION 14.216. (a) Subchapter G, Chapter 454, Occupations
510-3 Code, is amended to conform to Section 7, Chapter 548, Acts of the
510-4 76th Legislature, Regular Session, 1999, by adding Section 454.305
510-5 to read as follows:
510-6 Sec. 454.305. EMERGENCY SUSPENSION. (a) The board may
510-7 temporarily suspend a license issued under this chapter on an
510-8 emergency basis if the board determines that the continued practice
510-9 by the license holder constitutes a continuing or imminent threat
510-10 to the public health or welfare.
510-11 (b) A temporary suspension under this section requires a
510-12 two-thirds vote by the board.
510-13 (c) A license temporarily suspended under this section may
510-14 be suspended without notice or hearing if, at the time the
510-15 suspension is ordered, a hearing on whether to institute a
510-16 disciplinary proceeding against the license holder is scheduled to
510-17 be held not later than the 14th day after the date of the temporary
510-18 suspension. A second hearing on the suspended license must be held
510-19 not later than the 60th day after the date the temporary suspension
510-20 was ordered. If the second hearing is not held within the required
510-21 time, the suspended license is automatically reinstated.
510-22 (d) The board shall adopt rules that establish procedures
510-23 and standards for the temporary suspension of a license under this
510-24 section.
510-25 (b) Section 7, Chapter 548, Acts of the 76th Legislature,
510-26 Regular Session, 1999, is repealed.
510-27 SECTION 14.217. (a) Subchapter G, Chapter 454, Occupations
511-1 Code, is amended to conform to Section 3, Chapter 548, Acts of the
511-2 76th Legislature, Regular Session, 1999, by adding Section 454.306
511-3 to read as follows:
511-4 Sec. 454.306. SUBPOENA. (a) The board may request or
511-5 compel by subpoena:
511-6 (1) the attendance of a witness for examination under
511-7 oath; and
511-8 (2) the production for inspection and copying of
511-9 records, documents, and other evidence relevant to the
511-10 investigation of an alleged violation of this chapter.
511-11 (b) If a person fails to comply with a subpoena issued under
511-12 this section, the board, acting through the attorney general, may
511-13 bring an action to enforce the subpoena in a district court in
511-14 Travis County or in a county in which a hearing conducted by the
511-15 board may be held. If the court determines that good cause exists
511-16 for the subpoena, the court shall order compliance. The court may
511-17 punish for contempt a person who does not obey the order.
511-18 (b) Section 3, Chapter 548, Acts of the 76th Legislature,
511-19 Regular Session, 1999, is repealed.
511-20 SECTION 14.218. (a) Subchapter H, Chapter 454, Occupations
511-21 Code, is amended to conform to Section 6, Chapter 548, Acts of the
511-22 76th Legislature, Regular Session, 1999, by adding Section 454.3521
511-23 to read as follows:
511-24 Sec. 454.3521. ADMINISTRATIVE PENALTY. (a) The board may
511-25 impose an administrative penalty against a person licensed or
511-26 facility registered under this chapter who violates this chapter or
511-27 a rule or order adopted under this chapter.
512-1 (b) The penalty may not exceed $200, and each day a
512-2 violation continues or occurs is a separate violation for the
512-3 purpose of imposing a penalty. The amount of the penalty shall be
512-4 based on:
512-5 (1) the seriousness of the violation, including the
512-6 nature, circumstances, extent, and gravity of any prohibited acts,
512-7 and the hazard or potential hazard created to the health, safety,
512-8 or economic welfare of the public;
512-9 (2) the history of previous violations;
512-10 (3) the amount necessary to deter a future violation;
512-11 (4) efforts to correct the violation; and
512-12 (5) any other matter that justice requires.
512-13 (c) The person may stay enforcement during the time the
512-14 order is under judicial review if the person pays the penalty to
512-15 the court clerk or files a supersedeas bond with the court in the
512-16 amount of the penalty. A person who cannot afford to pay the
512-17 penalty or file the bond may stay enforcement by filing an
512-18 affidavit like that required by the Texas Rules of Civil Procedure
512-19 for a party who cannot afford to file security for costs, except
512-20 that the board may contest the affidavit as provided by those
512-21 rules.
512-22 (d) A proceeding to impose an administrative penalty is
512-23 subject to Chapter 2001, Government Code.
512-24 (b) Section 6, Chapter 548, Acts of the 76th Legislature,
512-25 Regular Session, 1999, is repealed.
512-26 SECTION 14.219. (a) Subchapter B, Chapter 455, Occupations
512-27 Code, is amended to conform to Section 18.03, Chapter 1411, Acts of
513-1 the 76th Legislature, Regular Session, 1999, by adding Sections
513-2 455.056 and 455.057 to read as follows:
513-3 Sec. 455.056. RULES REGARDING ADVERTISING OR COMPETITIVE
513-4 BIDDING BY REGISTRANT. (a) The board may not adopt rules
513-5 restricting advertising or competitive bidding by a person
513-6 registered under this chapter except to prohibit false, misleading,
513-7 or deceptive practices.
513-8 (b) In its rules to prohibit false, misleading, or deceptive
513-9 practices, the board may not include a rule that:
513-10 (1) restricts the use of any medium for advertising;
513-11 (2) restricts the use of a registered person's
513-12 personal appearance or voice in an advertisement;
513-13 (3) relates to the size or duration of an
513-14 advertisement by the registered person; or
513-15 (4) restricts the registered person's advertisement
513-16 under a trade name.
513-17 Sec. 455.057. CONTINUING EDUCATION. The board shall
513-18 recognize, prepare, or administer continuing education programs for
513-19 persons registered under this chapter. A registered person must
513-20 participate in the programs to the extent required by the board to
513-21 keep the person's certificate of registration.
513-22 (b) Subchapter D, Chapter 455, Occupations Code, is amended
513-23 to conform to Section 18.03, Chapter 1411, Acts of the 76th
513-24 Legislature, Regular Session, 1999, by adding Section 455.1565 to
513-25 read as follows:
513-26 Sec. 455.1565. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
513-27 later than the 30th day after the date a person takes a
514-1 registration examination under this chapter, the department shall
514-2 notify the person of the results of the examination.
514-3 (b) If the examination is graded or reviewed by a testing
514-4 service:
514-5 (1) the department shall notify the person of the
514-6 results of the examination not later than the 14th day after the
514-7 date the department receives the results from the testing service;
514-8 and
514-9 (2) if notice of the examination results will be
514-10 delayed for longer than 90 days after the examination date, the
514-11 department shall notify the person of the reason for the delay
514-12 before the 90th day.
514-13 (c) The department may require a testing service to notify a
514-14 person of the results of the person's examination.
514-15 (d) If requested in writing by a person who fails a
514-16 registration examination administered under this chapter, the
514-17 department shall furnish the person with an analysis of the
514-18 person's performance on the examination.
514-19 (c) Section 18.03, Chapter 1411, Acts of the 76th
514-20 Legislature, Regular Session, 1999, is repealed.
514-21 SECTION 14.220. (a) Section 455.156(b), Occupations Code,
514-22 is amended to conform to Section 18.01, Chapter 1411, Acts of the
514-23 76th Legislature, Regular Session, 1999, to read as follows:
514-24 (b) An applicant for registration under this section must be
514-25 an individual and:
514-26 (1) present evidence satisfactory to the board that
514-27 the person:
515-1 (A) has satisfactorily completed massage therapy
515-2 studies in a 300-hour, supervised course of instruction provided by
515-3 a massage therapy instructor, a registered massage school, a
515-4 state-approved educational institution, or any combination of
515-5 instructors or schools, in which:
515-6 (i) 125 hours are dedicated to the study
515-7 of Swedish massage therapy techniques and taught by a massage
515-8 therapy instructor;
515-9 (ii) 50 hours are dedicated to the study
515-10 of anatomy;
515-11 (iii) 25 hours are dedicated to the study
515-12 of physiology;
515-13 (iv) 15 hours are dedicated to the study
515-14 of hydrotherapy;
515-15 (v) 15 hours are dedicated to the study of
515-16 business practices and professional ethics standards;
515-17 (vi) 20 hours are dedicated to the study
515-18 of health and hygiene; and
515-19 (vii) 50 hours are spent in an internship
515-20 program; or
515-21 (B) [is registered as a massage therapist in
515-22 another state or country that the department determines maintains
515-23 standards and requirements of practice and licensing or
515-24 registration that substantially conform to the standards and
515-25 requirements of this state; or]
515-26 [(C)] has practiced massage therapy as a
515-27 profession for not less than five years in another state or country
516-1 that the department determines does not maintain standards and
516-2 requirements of practice and licensing or registration that
516-3 substantially conform to the standards and requirements of this
516-4 state; and
516-5 (2) pass the practical and written portions of the
516-6 state examination.
516-7 (b) Section 18.01, Chapter 1411, Acts of the 76th
516-8 Legislature, Regular Session, 1999, is repealed.
516-9 SECTION 14.221. (a) Subchapter D, Chapter 455, Occupations
516-10 Code, is amended to conform to Section 18.02, Chapter 1411, Acts of
516-11 the 76th Legislature, Regular Session, 1999, by adding Sections
516-12 455.1571 and 455.1572 to read as follows:
516-13 Sec. 455.1571. APPLICANT REGISTERED IN ANOTHER JURISDICTION.
516-14 (a) The board may waive any prerequisite to obtaining a
516-15 certificate of registration for an applicant for registration as a
516-16 massage therapist or massage therapy instructor after reviewing the
516-17 applicant's credentials and determining that the applicant holds a
516-18 license or certificate of registration issued by another
516-19 jurisdiction that has licensing or registration requirements
516-20 substantially equivalent to those of this state.
516-21 (b) The board may waive any prerequisite to obtaining a
516-22 certificate of registration for an applicant for registration as a
516-23 massage therapist or massage therapy instructor who holds a license
516-24 or certificate of registration issued by another jurisdiction with
516-25 which this state has a reciprocity agreement. The board may make
516-26 an agreement, subject to the approval of the governor, with another
516-27 state to allow for registration by reciprocity.
517-1 Sec. 455.1572. PROVISIONAL REGISTRATION. (a) The board may
517-2 issue a provisional certificate of registration to an applicant for
517-3 registration as a massage therapist or massage therapy instructor
517-4 currently licensed or registered in another jurisdiction who seeks
517-5 a certificate of registration in this state and who:
517-6 (1) has been licensed or registered in good standing
517-7 as a massage therapist or massage therapy instructor, as
517-8 applicable, for at least two years in another jurisdiction,
517-9 including a foreign country, that has licensing or registration
517-10 requirements substantially equivalent to the requirements of this
517-11 chapter;
517-12 (2) has passed a national or other examination
517-13 recognized by the board relating to the practice of massage
517-14 therapy; and
517-15 (3) is sponsored by a person registered by the board
517-16 under this chapter with whom the provisional registrant will
517-17 practice during the time the person holds a provisional certificate
517-18 of registration.
517-19 (b) The board may waive the requirement of Subsection (a)(3)
517-20 for an applicant if the board determines that compliance with that
517-21 subsection would be a hardship to the applicant.
517-22 (c) A provisional certificate of registration is valid until
517-23 the date the board approves or denies the certificate holder's
517-24 application for registration. The board shall issue a certificate
517-25 of registration under this chapter to the provisionally registered
517-26 person if the person:
517-27 (1) is eligible for a certificate of registration
518-1 under Section 455.1571; or
518-2 (2) passes the part of the examination under Section
518-3 455.101 that relates to the applicant's knowledge and understanding
518-4 of the laws and rules relating to the practice of massage therapy
518-5 in this state and:
518-6 (A) the board verifies that the person meets the
518-7 academic and experience requirements for registration under this
518-8 chapter; and
518-9 (B) the person satisfies any other registration
518-10 requirements under this chapter.
518-11 (d) The board must approve or deny a provisionally
518-12 registered person's application for a certificate of registration
518-13 not later than the 180th day after the date the provisional
518-14 certificate of registration is issued. The board may extend the
518-15 180-day period if the results of an examination have not been
518-16 received by the board before the end of that period.
518-17 (e) The board may establish a fee for a provisional
518-18 certificate of registration in an amount reasonable and necessary
518-19 to cover the cost of issuing the certificate of registration.
518-20 (b) Section 18.02, Chapter 1411, Acts of the 76th
518-21 Legislature, Regular Session, 1999, is repealed.
518-22 SECTION 14.222. (a) Section 455.160, Occupations Code, is
518-23 amended to conform to Section 18.04, Chapter 1411, Acts of the 76th
518-24 Legislature, Regular Session, 1999, to read as follows:
518-25 Sec. 455.160. REGISTRATION RENEWAL. (a) A person
518-26 registered under this chapter must periodically renew the person's
518-27 certificate of registration. The certificate expires unless the
519-1 certificate holder submits an application for renewal accompanied
519-2 by the renewal fee prescribed by the department or by the late fee
519-3 prescribed by this section.
519-4 (b) The department shall adopt a system under which
519-5 certificates of registration expire on various dates during the
519-6 year. Fees must be prorated so that a registered person pays only
519-7 for that part of the renewal period for which the registration is
519-8 issued until the expiration date of the registration.
519-9 (c) A person who is otherwise eligible to renew a
519-10 certificate of registration may renew an unexpired registration by
519-11 paying the required renewal fee to the department before the
519-12 expiration date of the registration. A person whose registration
519-13 has expired may not engage in activities that require registration
519-14 until the registration has been renewed.
519-15 (d) A person whose registration has been expired for 90
519-16 days or less may renew the registration by paying to the
519-17 department a renewal fee that is equal to 1-1/2 times the normally
519-18 required renewal fee.
519-19 (e) A person whose registration has been expired for more
519-20 than 90 days but less than one year may renew the registration by
519-21 paying to the department a renewal fee that is equal to two times
519-22 the normally required renewal fee.
519-23 (f) A person whose registration has been expired for one
519-24 year or more may not renew the registration. The person may
519-25 register by complying with the requirements and procedures,
519-26 including the examination requirements, for originally registering.
519-27 (g) Not later than the 30th day before the date a person's
520-1 registration is scheduled to expire, the department shall send
520-2 written notice of the impending expiration to the person at the
520-3 person's last known address according to the records of the
520-4 department. [A person registered under this chapter who fails to
520-5 renew a certificate of registration by the expiration date may
520-6 renew the certificate not later than the first anniversary of the
520-7 expiration date by meeting the requirements of this section and
520-8 paying a late renewal fee.]
520-9 [(d) The registration of a person who fails to meet the
520-10 requirements of this section is void. To be registered under this
520-11 chapter, the person must submit a new application, pay the
520-12 appropriate fees, and meet the current requirements for
520-13 registration.]
520-14 (b) Subchapter D, Chapter 455, Occupations Code, is amended
520-15 to conform to Section 18.04, Chapter 1411, Acts of the 76th
520-16 Legislature, Regular Session, 1999, by adding Section 455.161 to
520-17 read as follows:
520-18 Sec. 455.161. RENEWAL OF EXPIRED REGISTRATION OF
520-19 OUT-OF-STATE PRACTITIONER. (a) A person who was registered in
520-20 this state, moved to another state, and is currently registered or
520-21 licensed and has been in practice in the other state for the two
520-22 years preceding the date of application may register without
520-23 reexamination.
520-24 (b) The person must pay to the department a fee that is
520-25 equal to two times the normally required renewal fee for
520-26 registration.
520-27 (c) Section 455.251(a), Occupations Code, is amended to
521-1 conform to Section 18.04, Chapter 1411, Acts of the 76th
521-2 Legislature, Regular Session, 1999, to read as follows:
521-3 (a) The board [department] may refuse to issue a certificate
521-4 of registration to a person and shall[,] suspend, [or] revoke, or
521-5 refuse to renew the certificate of registration of a person[,] or
521-6 shall reprimand [place] a person registered under this chapter [on
521-7 probation] if the person:
521-8 (1) obtains a certificate of registration by fraud,
521-9 misrepresentation, or concealment of material facts;
521-10 (2) sells, barters, or offers to sell or barter a
521-11 certificate of registration;
521-12 (3) violates a rule adopted by the board;
521-13 (4) engages in unprofessional conduct as defined by
521-14 board rule that endangers or is likely to endanger the health,
521-15 welfare, or safety of the public;
521-16 (5) violates an order or ordinance adopted by a
521-17 political subdivision under Chapter 243, Local Government Code; or
521-18 (6) violates this chapter.
521-19 (d) Section 455.252(a), Occupations Code, is amended to
521-20 conform to Section 18.04, Chapter 1411, Acts of the 76th
521-21 Legislature, Regular Session, 1999, to read as follows:
521-22 (a) A person whose application for a certificate of
521-23 registration is denied, [or] whose certificate of registration is
521-24 suspended or revoked, or who has been reprimanded is entitled to a
521-25 hearing before the department if the person submits a written
521-26 request to the department.
521-27 (e) Subchapter F, Chapter 455, Occupations Code, is amended
522-1 to conform to Section 18.04, Chapter 1411, Acts of the 76th
522-2 Legislature, Regular Session, 1999, by adding Section 455.253 to
522-3 read as follows:
522-4 Sec. 455.253. PROBATION. The board may place on probation a
522-5 person, including a massage school, massage therapy instructor, or
522-6 massage establishment, whose certificate of registration is
522-7 suspended. If a registration suspension is probated, the board may
522-8 require the person to:
522-9 (1) report regularly to the department on matters that
522-10 are the basis of the probation;
522-11 (2) limit practice to the areas prescribed by the
522-12 board; or
522-13 (3) continue or review professional education until
522-14 the person attains a degree of skill satisfactory to the board in
522-15 those areas that are the basis of the probation.
522-16 (f) Section 18.04, Chapter 1411, Acts of the 76th
522-17 Legislature, Regular Session, 1999, is repealed.
522-18 PART 10. CHANGES RELATING TO SUBTITLE I,
522-19 TITLE 3, OCCUPATIONS CODE
522-20 SECTION 14.251. (a) Section 501.154(c), Occupations Code, is
522-21 amended to conform to Section 4, Chapter 20, Acts of the 76th
522-22 Legislature, Regular Session, 1999, to read as follows:
522-23 (c) The board shall:
522-24 (1) mail a copy of the list to each person licensed
522-25 under this chapter; and
522-26 (2) [file a copy with the secretary of state; and]
522-27 [(3)] furnish copies to the public on request.
523-1 (b) Section 4, Chapter 20, Acts of the 76th Legislature,
523-2 Regular Session, 1999, is repealed.
523-3 SECTION 14.2515. The heading for Section 501.462, Occupations
523-4 Code, is amended to more accurately reflect the law from which it
523-5 was derived to read as follows:
523-6 Sec. 501.462. DEPOSIT [COLLECTION] OF PENALTY.
523-7 SECTION 14.252. (a) Section 502.002, Occupations Code, is
523-8 amended to conform to Section 1, Chapter 51, Acts of the 76th
523-9 Legislature, Regular Session, 1999, by amending Subdivision (5) and
523-10 adding Subdivision (6) to read as follows:
523-11 (5) "Licensed marriage and family therapist associate"
523-12 means an individual who offers to provide marriage and family
523-13 therapy for compensation under the supervision of a board-approved
523-14 supervisor.
523-15 (6) "Marriage and family therapy" means providing
523-16 professional therapy services to individuals, families, or married
523-17 couples, alone or in groups, that involve applying family systems
523-18 theories and techniques. The term includes the evaluation and
523-19 remediation of cognitive, affective, behavioral, or relational
523-20 dysfunction in the context of marriage or family systems.
523-21 (b) Section 1, Chapter 51, Acts of the 76th Legislature,
523-22 Regular Session, 1999, is repealed.
523-23 SECTION 14.253. (a) Subchapter E, Chapter 502, Occupations
523-24 Code, is amended to conform to Section 3, Chapter 1444, Acts of the
523-25 76th Legislature, Regular Session, 1999, by adding Section 502.2045
523-26 to read as follows:
523-27 Sec. 502.2045. SUBPOENAS. (a) In an investigation of a
524-1 complaint filed with the board, the board may request that the
524-2 commissioner or the commissioner's designee approve the issuance of
524-3 a subpoena. If the request is approved, the board may issue a
524-4 subpoena to compel the attendance of a relevant witness or the
524-5 production, for inspection or copying, of relevant evidence that is
524-6 in this state.
524-7 (b) A subpoena may be served personally or by certified
524-8 mail.
524-9 (c) If a person fails to comply with a subpoena, the board,
524-10 acting through the attorney general, may file suit to enforce the
524-11 subpoena in a district court in Travis County or in the county in
524-12 which a hearing conducted by the board may be held.
524-13 (d) On finding that good cause exists for issuing the
524-14 subpoena, the court shall order the person to comply with the
524-15 subpoena. The court may punish a person who fails to obey the
524-16 court order.
524-17 (e) The board may delegate the authority granted under
524-18 Subsection (a) to the executive director of the board.
524-19 (f) The board shall pay a reasonable fee for photocopies
524-20 subpoenaed under this section in an amount not to exceed the amount
524-21 the board may charge for copies of its records.
524-22 (g) The reimbursement of the expenses of a witness whose
524-23 attendance is compelled under this section is governed by Section
524-24 2001.103, Government Code.
524-25 (h) All information and materials subpoenaed or compiled by
524-26 the board in connection with a complaint and investigation are
524-27 confidential and not subject to disclosure under Chapter 552,
525-1 Government Code, and not subject to disclosure, discovery,
525-2 subpoena, or other means of legal compulsion for their release to
525-3 anyone other than the board or its employees or agents involved in
525-4 discipline of the holder of a license, except that this information
525-5 may be disclosed to:
525-6 (1) persons involved with the board in a disciplinary
525-7 action against the holder of a license;
525-8 (2) marriage and family therapist licensing or
525-9 disciplinary boards in other jurisdictions;
525-10 (3) peer assistance programs approved by the board
525-11 under Chapter 467, Health and Safety Code;
525-12 (4) law enforcement agencies; and
525-13 (5) persons engaged in bona fide research, if all
525-14 individual-identifying information has been deleted.
525-15 (i) The filing of formal charges by the board against a
525-16 holder of a license, the nature of those charges, disciplinary
525-17 proceedings of the board, and final disciplinary actions, including
525-18 warnings and reprimands, by the board are not confidential and are
525-19 subject to disclosure in accordance with Chapter 552, Government
525-20 Code.
525-21 (b) Section 3, Chapter 1444, Acts of the 76th Legislature,
525-22 Regular Session, 1999, is repealed.
525-23 SECTION 14.254. (a) Section 502.251(b), Occupations Code, is
525-24 amended to conform to Section 2, Chapter 51, Acts of the 76th
525-25 Legislature, Regular Session, 1999, to read as follows:
525-26 (b) A person may not use the title "licensed marriage and
525-27 family therapist" or "licensed marriage and family therapist
526-1 associate," as appropriate, unless the person is licensed under
526-2 this chapter.
526-3 (b) Section 2, Chapter 51, Acts of the 76th Legislature,
526-4 Regular Session, 1999, is repealed.
526-5 SECTION 14.255. (a) Sections 502.252, 502.253, and 502.254,
526-6 Occupations Code, are amended to conform to Sections 3, 4, and 5,
526-7 Chapter 51, Acts of the 76th Legislature, Regular Session, 1999, to
526-8 read as follows:
526-9 Sec. 502.252. LICENSE APPLICATION. (a) An applicant for a
526-10 license must:
526-11 (1) file a written application with the board on a
526-12 form prescribed by the board; and
526-13 (2) pay the appropriate application fee.
526-14 (b) To qualify for a license as a licensed marriage and
526-15 family therapist associate, a person must:
526-16 (1) be at least 18 years of age;
526-17 (2) have completed a graduate internship in marriage
526-18 and family therapy, or an equivalent internship, as approved by the
526-19 board;
526-20 (3) pass an examination determined by the board;
526-21 (4) hold a master's or doctoral [doctorate] degree in
526-22 marriage and family therapy or in a related mental health field
526-23 with coursework and training determined by the board to be
526-24 substantially equivalent to a graduate degree in marriage and
526-25 family therapy from a regionally accredited institution of higher
526-26 education or an institution of higher education approved by the
526-27 board;
527-1 (5) [(3) have completed two years of experience in
527-2 marriage and family therapy services that is:]
527-3 [(A) attained after the person receives a degree
527-4 that meets the requirements of Subdivision (2); and]
527-5 [(B) supervised in a manner acceptable to the
527-6 board;]
527-7 [(4)] be of good moral character;
527-8 (6) [(5)] have not been convicted of a felony or a
527-9 crime involving moral turpitude;
527-10 (7) [(6)] not use drugs or alcohol to an extent that
527-11 affects the applicant's professional competency;
527-12 (8) [(7)] not have had a license or certification
527-13 revoked by a licensing agency or by a certifying professional
527-14 organization; and
527-15 (9) [(8)] not have engaged in fraud or deceit in
527-16 applying for a license under this chapter.
527-17 (c) An applicant is eligible to apply for a license as a
527-18 licensed marriage and family therapist if the person:
527-19 (1) meets the requirements of Subsection (b);
527-20 (2) after receipt of a degree described by Subsection
527-21 (b)(4), has completed two years of work experience in marriage and
527-22 family therapist services that includes at least 3,000 hours of
527-23 clinical practice of which:
527-24 (A) at least 1,500 hours consist of direct
527-25 clinical services; and
527-26 (B) at least 750 hours consist of direct
527-27 clinical services to couples or families; and
528-1 (3) has completed, in a manner acceptable to the
528-2 board, [The work experience required by Subsection (b)(3) must
528-3 include at least 1,000 hours of direct clinical services to
528-4 individuals, couples, or families, including:]
528-5 [(1) at least 500 hours of direct clinical services to
528-6 couples or families; and]
528-7 [(2)] at least 200 hours of supervised provision of
528-8 direct clinical services by the applicant, 100 hours of which must
528-9 be supervised on an individual basis.
528-10 Sec. 502.253. APPLICATION REVIEW; ELIGIBILITY [DETERMINATION
528-11 WHETHER] EXAMINATION [REQUIRED]. (a) [Each applicant for a license
528-12 under this chapter must pass an examination prescribed by the board
528-13 unless the applicant is exempted from the examination requirement:]
528-14 [(1) under this chapter; or]
528-15 [(2) by a determination of the board based on the
528-16 applicant's education and professional experience.]
528-17 [(b)] The board shall investigate each application and any
528-18 other information submitted by the applicant.
528-19 (b) [(c)] Not later than the 90th day after the date the
528-20 board receives the completed application from a person seeking a
528-21 license as a licensed marriage and family therapist associate
528-22 [without examination], the board shall notify the applicant whether
528-23 the application has been accepted or [that:]
528-24 [(1) the applicant may be licensed without
528-25 examination;]
528-26 [(2) the applicant must take an examination to be
528-27 licensed; or]
529-1 [(3) the application is] rejected.
529-2 (c) An applicant for a license as a licensed marriage and
529-3 family therapist associate is eligible to take the examination if
529-4 the applicant:
529-5 (1) is enrolled in a graduate internship described by
529-6 Section 502.252(b)(2) and provides proof to the board that the
529-7 applicant is a student in good standing in an educational program
529-8 described by Section 502.252(b)(4); or
529-9 (2) has completed the internship described by
529-10 Subdivision (1).
529-11 (d) [If an applicant under Subsection (c) is required to
529-12 take an examination, the notice required under Subsection (c) must
529-13 state:]
529-14 [(1) the reason for requiring the examination;]
529-15 [(2) the time and manner of conducting the
529-16 examination; and]
529-17 [(3) the acts required of the applicant in connection
529-18 with the examination.]
529-19 [(e) Not later than the 30th day before the date of a
529-20 scheduled examination, the board shall notify an applicant seeking
529-21 a license by examination whether the application has been accepted
529-22 or rejected.] A notice that an application is rejected must state
529-23 the reason for the rejection.
529-24 Sec. 502.254. EXAMINATION. (a) Each applicant for a license
529-25 under this chapter must pass an examination described by Section
529-26 502.252(b)(3).
529-27 (b) An applicant for a license as a licensed marriage and
530-1 family therapist associate under Section 502.252(b) [To take the
530-2 examination, an applicant] must:
530-3 (1) file an application on a form prescribed by the
530-4 board not later than the 90th day before the date of the
530-5 examination; and
530-6 (2) pay the examination fee set by the Texas Board of
530-7 Health.
530-8 (c) [(b)] The examination consists of:
530-9 (1) a written examination;
530-10 (2) an oral examination;
530-11 (3) a field examination that:
530-12 (A) uses questionnaires answered by persons who
530-13 are competent in the judgment of the board to assess the
530-14 applicant's professional ability, including the applicant's
530-15 instructors, employers, or supervisors; and
530-16 (B) may include written case studies and taped
530-17 interviews; or
530-18 (4) any combination of those examinations.
530-19 (d) [(c)] The board shall have any written portion of an
530-20 examination validated by an independent testing professional.
530-21 (b) Sections 3, 4, and 5, Chapter 51, Acts of the 76th
530-22 Legislature, Regular Session, 1999, are repealed.
530-23 SECTION 14.256. (a) Subchapter F, Chapter 502, Occupations
530-24 Code, is amended to conform to Section 7, Chapter 51, Acts of the
530-25 76th Legislature, Regular Session, 1999, by adding Section 502.2545
530-26 to read as follows:
530-27 Sec. 502.2545. WAIVER OF EXAMINATION FOR CERTAIN APPLICANTS.
531-1 (a) The board may waive the requirement that an applicant for a
531-2 license as a licensed marriage and family therapist pass the
531-3 examination required by Section 502.254 if the applicant:
531-4 (1) is a provisional license holder under Section
531-5 502.259 and the board determines that the applicant possesses
531-6 sufficient education and professional experience to receive a
531-7 license without further examination; or
531-8 (2) holds a license issued by another licensing agency
531-9 in a profession related to the practice of marriage and family
531-10 therapy and the board determines that the applicant possesses
531-11 sufficient education and professional experience to receive a
531-12 license without satisfying the examination requirements of this
531-13 chapter.
531-14 (b) The board may adopt rules necessary to administer this
531-15 section, including rules under Subsection (a)(2) prescribing the
531-16 professions that are related to the practice of marriage and family
531-17 therapy.
531-18 (b) Section 7, Chapter 51, Acts of the 76th Legislature,
531-19 Regular Session, 1999, is repealed.
531-20 SECTION 14.257. (a) Section 502.257, Occupations Code, is
531-21 amended to conform to Section 6, Chapter 51, Acts of the 76th
531-22 Legislature, Regular Session, 1999, to read as follows:
531-23 Sec. 502.257. ISSUANCE OF LICENSE. The board shall issue a
531-24 license as a licensed marriage and family therapist associate or
531-25 licensed marriage and family therapist, as appropriate, to an
531-26 applicant who:
531-27 (1) complies with the requirements of this chapter;
532-1 (2) passes the licensing examination, unless the board
532-2 exempts the person from the examination requirement; and
532-3 (3) pays the required fees.
532-4 (b) Section 6, Chapter 51, Acts of the 76th Legislature,
532-5 Regular Session, 1999, is repealed.
532-6 SECTION 14.258. (a) Subchapter B, Chapter 503, Occupations
532-7 Code, is amended to conform to Section 1, Chapter 123, Acts of the
532-8 76th Legislature, Regular Session, 1999, by adding Section 503.060
532-9 to read as follows:
532-10 Sec. 503.060. MUSICAL THERAPY SERVICES. This chapter does
532-11 not apply to an activity, service, title, or description of a
532-12 person who:
532-13 (1) is certified by the Certification Board for Music
532-14 Therapists or listed with the National Music Therapy Registry;
532-15 (2) performs a music therapy service consistent with:
532-16 (A) state law;
532-17 (B) the person's training; and
532-18 (C) the code of ethics of the person's
532-19 profession; and
532-20 (3) does not engage in the use of psychotherapy or use
532-21 the title of licensed counselor or represent that the person is a
532-22 licensed counselor.
532-23 (b) Section 1, Chapter 123, Acts of the 76th Legislature,
532-24 Regular Session, 1999, is repealed.
532-25 SECTION 14.259. The heading for Subchapter D, Chapter 503,
532-26 Occupations Code, is amended to conform to Chapter 717, Acts of the
532-27 76th Legislature, Regular Session, 1999, to read as follows:
533-1 SUBCHAPTER D. EXECUTIVE DIRECTOR [SECRETARY] AND OTHER
533-2 BOARD PERSONNEL
533-3 SECTION 14.260. (a) Section 503.107(c), Occupations Code, is
533-4 amended to conform to Section 1, Chapter 717, Acts of the 76th
533-5 Legislature, Regular Session, 1999, to read as follows:
533-6 (c) If the executive director [secretary] has knowledge that
533-7 a potential ground for removal of a board member exists, the
533-8 executive director [secretary] shall notify the governor and the
533-9 attorney general that a potential ground for removal exists.
533-10 (b) Section 1, Chapter 717, Acts of the 76th Legislature,
533-11 Regular Session, 1999, is repealed.
533-12 SECTION 14.261. (a) Section 503.151, Occupations Code, is
533-13 amended to conform to Section 2, Chapter 717, Acts of the 76th
533-14 Legislature, Regular Session, 1999, to read as follows:
533-15 Sec. 503.151. EXECUTIVE DIRECTOR [SECRETARY]. The
533-16 commissioner of public health, with the advice and consent of the
533-17 board, shall appoint an executive director [secretary] for the
533-18 board. The executive director [secretary] must be an employee of
533-19 the department.
533-20 (b) Section 503.152, Occupations Code, is amended to conform
533-21 to Section 2, Chapter 717, Acts of the 76th Legislature, Regular
533-22 Session, 1999, to read as follows:
533-23 Sec. 503.152. POWERS AND DUTIES OF EXECUTIVE DIRECTOR
533-24 [SECRETARY]. (a) The executive director [secretary] serves as the
533-25 administrator of professional counselor licensing activities for
533-26 the board. The executive director [secretary] shall:
533-27 (1) keep full and accurate minutes of the board's
534-1 transactions and proceedings;
534-2 (2) serve as custodian of the board's files and
534-3 records;
534-4 (3) prepare and recommend to the board plans and
534-5 procedures necessary to implement the purposes and objectives of
534-6 this chapter, including rules and proposals on administrative
534-7 procedures;
534-8 (4) exercise general supervision over persons employed
534-9 by the department in the administration of this chapter;
534-10 (5) investigate complaints and present formal
534-11 complaints;
534-12 (6) attend all board meetings;
534-13 (7) handle or arrange for the handling of the board's
534-14 correspondence;
534-15 (8) conduct or arrange for necessary inspections and
534-16 investigations;
534-17 (9) obtain, assemble, or prepare reports and
534-18 information as directed or authorized by the board; and
534-19 (10) perform other duties prescribed by this chapter
534-20 and by the department.
534-21 (b) The executive director [secretary] is not entitled to
534-22 vote at board meetings.
534-23 (c) Section 2, Chapter 717, Acts of the 76th Legislature,
534-24 Regular Session, 1999, is repealed.
534-25 SECTION 14.262. (a) Section 503.255(c), Occupations Code, is
534-26 amended to conform to Section 5, Chapter 717, Acts of the 76th
534-27 Legislature, Regular Session, 1999, to read as follows:
535-1 (c) The executive director [secretary] shall notify the
535-2 board of a complaint that is not resolved within the time
535-3 prescribed by the board for resolving the complaint.
535-4 (b) Section 5, Chapter 717, Acts of the 76th Legislature,
535-5 Regular Session, 1999, is repealed.
535-6 SECTION 14.263. (a) Section 503.302(a), Occupations Code, is
535-7 amended to conform to Section 3, Chapter 717, Acts of the 76th
535-8 Legislature, Regular Session, 1999, to read as follows:
535-9 (a) A person qualifies for a license under this chapter if
535-10 the person:
535-11 (1) is at least 18 years old;
535-12 (2) has a master's or doctoral [doctorate] degree in
535-13 counseling or a related field;
535-14 (3) has successfully completed a graduate degree at a
535-15 regionally accredited institution of higher education and a planned
535-16 graduate program of 48 graduate semester hours [or the substantial
535-17 equivalent], including 300 clock hours of supervised practicum
535-18 that:
535-19 (A) is primarily counseling in nature; and
535-20 (B) meets the specific academic course content
535-21 and training standards established by the board;
535-22 (4) has completed 36 months or 3,000 hours of
535-23 supervised experience working in a counseling setting that meets
535-24 the requirements established by the board after the completion of
535-25 the graduate program described by Subdivision (3);
535-26 (5) except as provided by Subsection (b), passes the
535-27 license examination required by this chapter;
536-1 (6) submits an application as required by the board,
536-2 accompanied by the required application fee; and
536-3 (7) meets any other requirement prescribed by the
536-4 board.
536-5 (b) Section 3, Chapter 717, Acts of the 76th Legislature,
536-6 Regular Session, 1999, is repealed.
536-7 SECTION 14.264. (a) Section 503.352, Occupations Code, is
536-8 amended to conform to Section 4, Chapter 717, Acts of the 76th
536-9 Legislature, Regular Session, 1999, to read as follows:
536-10 Sec. 503.352. LICENSE EXPIRATION DATE. [(a)] The board
536-11 shall adopt a system under which licenses expire on various dates
536-12 during the year.
536-13 [(b) For the year in which an initial license is issued, the
536-14 license fee shall be prorated on a monthly basis so that each
536-15 license holder pays only that portion of the fee that is applicable
536-16 to the number of months during which the license is valid.] On
536-17 renewal of the license on the [new] expiration date, the total
536-18 license renewal fee is payable.
536-19 (b) Section 4, Chapter 717, Acts of the 76th Legislature,
536-20 Regular Session, 1999, is repealed.
536-21 SECTION 14.265. (a) Subchapter F, Chapter 503, Occupations
536-22 Code, is amended to conform to Section 5, Chapter 1444, Acts of the
536-23 76th Legislature, Regular Session, 1999, by adding Section 503.2545
536-24 to read as follows:
536-25 Sec. 503.2545. SUBPOENAS. (a) In an investigation of a
536-26 complaint filed with the board, the board may request that the
536-27 commissioner of public health or the commissioner's designee
537-1 approve the issuance of a subpoena. If the request is approved,
537-2 the board may issue a subpoena to compel the attendance of a
537-3 relevant witness or the production, for inspection or copying, of
537-4 relevant evidence that is in this state.
537-5 (b) A subpoena may be served personally or by certified
537-6 mail.
537-7 (c) If a person fails to comply with a subpoena, the board,
537-8 acting through the attorney general, may file suit to enforce the
537-9 subpoena in a district court in Travis County or in the county in
537-10 which a hearing conducted by the board may be held.
537-11 (d) On finding that good cause exists for issuing the
537-12 subpoena, the court shall order the person to comply with the
537-13 subpoena. The court may punish a person who fails to obey the
537-14 court order.
537-15 (e) The board may delegate the authority granted under
537-16 Subsection (a) to the executive director.
537-17 (f) The board shall pay a reasonable fee for photocopies
537-18 subpoenaed under this section in an amount not to exceed the amount
537-19 the board may charge for copies of its records.
537-20 (g) The reimbursement of the expenses of a witness whose
537-21 attendance is compelled under this section is governed by Section
537-22 2001.103, Government Code.
537-23 (h) All information and materials subpoenaed or compiled by
537-24 the board in connection with a complaint and investigation are
537-25 confidential and not subject to disclosure under Chapter 552,
537-26 Government Code, and not subject to disclosure, discovery,
537-27 subpoena, or other means of legal compulsion for their release to
538-1 anyone other than the board or its employees or agents involved in
538-2 discipline of the holder of a license, except that this information
538-3 may be disclosed to:
538-4 (1) persons involved with the board in a disciplinary
538-5 action against the holder of a license;
538-6 (2) professional counselor licensing or disciplinary
538-7 boards in other jurisdictions;
538-8 (3) peer assistance programs approved by the board
538-9 under Chapter 467, Health and Safety Code;
538-10 (4) law enforcement agencies; and
538-11 (5) persons engaged in bona fide research, if all
538-12 individual-identifying information has been deleted.
538-13 (i) The filing of formal charges by the board against a
538-14 holder of a license, the nature of those charges, disciplinary
538-15 proceedings of the board, and final disciplinary actions, including
538-16 warnings and reprimands, by the board are not confidential and are
538-17 subject to disclosure in accordance with Chapter 552, Government
538-18 Code.
538-19 (b) Section 5, Chapter 1444, Acts of the 76th Legislature,
538-20 Regular Session, 1999, is repealed.
538-21 SECTION 14.266. (a) Section 504.205, Occupations Code, is
538-22 amended to conform to Section 1, Chapter 252, Acts of the 76th
538-23 Legislature, Regular Session, 1999, by amending Subsection (b) and
538-24 adding Subsections (c) and (d) to read as follows:
538-25 (b) As a prerequisite for renewal of a license issued under
538-26 this chapter, a [the] license holder, other than a license holder
538-27 subject to Subsection (c), must participate in the continuing
539-1 education program and complete at least 60 hours of continuing
539-2 education in each two-year licensing period.
539-3 (c) A license holder must complete at least 24 hours of
539-4 continuing education in each two-year licensing period as a
539-5 requirement for renewal of the license if the license holder is
539-6 also licensed as:
539-7 (1) a licensed master social worker under Chapter 505;
539-8 (2) a licensed marriage and family therapist under
539-9 Chapter 502;
539-10 (3) a licensed professional counselor under Chapter
539-11 503;
539-12 (4) a physician practicing medicine under Subtitle B;
539-13 or
539-14 (5) a psychologist under Chapter 501.
539-15 (d) Except for the number of hours required, the commission
539-16 may not adopt a rule under Subsection (a) that distinguishes
539-17 between the continuing education requirements for a license holder
539-18 subject to Subsection (b) and a license holder subject to
539-19 Subsection (c).
539-20 (b) Section 1, Chapter 252, Acts of the 76th Legislature,
539-21 Regular Session, 1999, is repealed.
539-22 SECTION 14.267. (a) Section 505.205(b), Occupations Code, is
539-23 amended to conform to Section 1, Chapter 20, Acts of the 76th
539-24 Legislature, Regular Session, 1999, to read as follows:
539-25 (b) The board shall[:]
539-26 [(1)] mail a copy of the roster to each license
539-27 holder[; and]
540-1 [(2) file a copy of the roster with the secretary of
540-2 state].
540-3 (b) Section 1, Chapter 20, Acts of the 76th Legislature,
540-4 Regular Session, 1999, is repealed.
540-5 SECTION 14.268. (a) Subchapter E, Chapter 505, Occupations
540-6 Code, is amended to conform to Section 1, Chapter 1444, Acts of the
540-7 76th Legislature, Regular Session, 1999, by adding Section 505.2545
540-8 to read as follows:
540-9 Sec. 505.2545. SUBPOENAS. (a) In an investigation of a
540-10 complaint filed with the department and referred to the board, the
540-11 board may request that the commissioner of public health or the
540-12 commissioner's designee approve the issuance of a subpoena. If the
540-13 request is approved, the board may issue a subpoena to compel the
540-14 attendance of a relevant witness or the production, for inspection
540-15 or copying, of relevant evidence that is in this state.
540-16 (b) A subpoena may be served personally or by certified
540-17 mail.
540-18 (c) If a person fails to comply with a subpoena, the board,
540-19 acting through the attorney general, may file suit to enforce the
540-20 subpoena in a district court in Travis County or in the county in
540-21 which a hearing conducted by the board may be held.
540-22 (d) On finding that good cause exists for issuing the
540-23 subpoena, the court shall order the person to comply with the
540-24 subpoena. The court may punish a person who fails to obey the
540-25 court order.
540-26 (e) The board may delegate the authority granted under
540-27 Subsection (a) to the executive director or the
541-1 secretary-treasurer of the board.
541-2 (f) The board shall pay a reasonable fee for photocopies
541-3 subpoenaed under this section in an amount not to exceed the amount
541-4 the board may charge for copies of its records.
541-5 (g) The reimbursement of the expenses of a witness whose
541-6 attendance is compelled under this section is governed by Section
541-7 2001.103, Government Code.
541-8 (h) All information and materials subpoenaed or compiled by
541-9 the board in connection with a complaint and investigation are
541-10 confidential and not subject to disclosure under Chapter 552,
541-11 Government Code, and not subject to disclosure, discovery,
541-12 subpoena, or other means of legal compulsion for their release to
541-13 anyone other than the board or its employees or agents involved in
541-14 discipline of the holder of a license or order of recognition,
541-15 except that this information may be disclosed to:
541-16 (1) persons involved with the board in a disciplinary
541-17 action against the holder of a license or order of recognition;
541-18 (2) professional social work licensing or disciplinary
541-19 boards in other jurisdictions;
541-20 (3) peer assistance programs approved by the board
541-21 under Chapter 467, Health and Safety Code;
541-22 (4) law enforcement agencies; and
541-23 (5) persons engaged in bona fide research, if all
541-24 individual-identifying information has been deleted.
541-25 (i) The filing of formal charges against a holder of a
541-26 license or order of recognition, the nature of those charges,
541-27 disciplinary proceedings of the board, and final disciplinary
542-1 actions, including warnings and reprimands, by the board are not
542-2 confidential and are subject to disclosure in accordance with
542-3 Chapter 552, Government Code.
542-4 (b) Section 1, Chapter 1444, Acts of the 76th Legislature,
542-5 Regular Session, 1999, is repealed.
542-6 SECTION 14.269. (a) Section 505.353(b), Occupations Code, is
542-7 amended to conform to Section 1, Chapter 1587, Acts of the 76th
542-8 Legislature, Regular Session, 1999, to read as follows:
542-9 (b) An applicant may take the licensing examination
542-10 conducted by the board under Section 505.354 for:
542-11 (1) a master social worker license if the applicant
542-12 possesses a doctoral or master's degree in social work from a
542-13 graduate program accredited by the Council on Social Work
542-14 Education;
542-15 (2) a social worker license if the applicant possesses
542-16 a baccalaureate degree in social work from an educational program
542-17 accredited by the Council on Social Work Education; or
542-18 (3) a social work associate license if the applicant:
542-19 (A) possesses a baccalaureate degree in the
542-20 behavioral or social sciences or a related field other than social
542-21 work from an accredited educational institution [or an associate of
542-22 arts degree in the behavioral sciences as determined by the board
542-23 from an accredited educational institution]; and
542-24 (B) satisfactorily completes a reasonable
542-25 specified number of years of actual and active social work
542-26 experience approved by the board.
542-27 (b) Section 1, Chapter 1587, Acts of the 76th Legislature,
543-1 Regular Session, 1999, is repealed.
543-2 SECTION 14.270. (a) Section 505.402(d), Occupations Code, is
543-3 amended to conform to Section 3, Chapter 1587, Acts of the 76th
543-4 Legislature, Regular Session, 1999, to read as follows:
543-5 (d) Except as provided by Section 505.403, a person whose
543-6 license or order of recognition of specialty has been expired for
543-7 one year or more may not renew the license or order. The person
543-8 may obtain a new license or order by submitting to reexamination[,
543-9 if an examination was originally required for the license or order,
543-10 and complying with the requirements and procedures for obtaining
543-11 the original license or order].
543-12 (b) Section 3, Chapter 1587, Acts of the 76th Legislature,
543-13 Regular Session, 1999, is repealed.
543-14 SECTION 14.271. (a) Chapter 505, Occupations Code, is
543-15 amended to conform to Section 6, Chapter 1587, Acts of the 76th
543-16 Legislature, Regular Session, 1999, by adding Subchapter K to read
543-17 as follows:
543-18 SUBCHAPTER K. ADMINISTRATIVE PENALTY
543-19 Sec. 505.551. IMPOSITION OF ADMINISTRATIVE PENALTY. The
543-20 board may impose an administrative penalty on a person licensed
543-21 under this chapter who violates this chapter or a rule or order
543-22 adopted under this chapter.
543-23 Sec. 505.552. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
543-24 amount of the administrative penalty may not be less than $50 or
543-25 more than $500 for each violation. Each day a violation continues
543-26 or occurs is a separate violation for the purpose of imposing a
543-27 penalty.
544-1 (b) The amount shall be based on:
544-2 (1) the seriousness of the violation, including the
544-3 nature, circumstances, extent, and gravity of the violation;
544-4 (2) the economic harm caused by the violation;
544-5 (3) the history of previous violations;
544-6 (4) the amount necessary to deter a future violation;
544-7 (5) efforts to correct the violation; and
544-8 (6) any other matter that justice may require.
544-9 Sec. 505.553. REPORT AND NOTICE OF VIOLATION AND PENALTY.
544-10 (a) If the executive director determines that a violation
544-11 occurred, the director may issue to the board a report stating:
544-12 (1) the facts on which the determination is based; and
544-13 (2) the director's recommendation on the imposition of
544-14 an administrative penalty, including a recommendation on the amount
544-15 of the penalty.
544-16 (b) Within 14 days after the date the report is issued, the
544-17 executive director shall give written notice of the report to the
544-18 person. The notice must:
544-19 (1) include a brief summary of the alleged violation;
544-20 (2) state the amount of the recommended administrative
544-21 penalty; and
544-22 (3) inform the person of the person's right to a
544-23 hearing on the occurrence of the violation, the amount of the
544-24 penalty, or both.
544-25 Sec. 505.554. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
544-26 Within 10 days after the date the person receives the notice, the
544-27 person in writing may:
545-1 (1) accept the determination and recommended
545-2 administrative penalty of the executive director; or
545-3 (2) make a request for a hearing on the occurrence of
545-4 the violation, the amount of the penalty, or both.
545-5 (b) If the person accepts the determination and recommended
545-6 penalty of the executive director, the board by order shall approve
545-7 the determination and impose the recommended penalty.
545-8 Sec. 505.555. HEARING. (a) If the person requests a hearing
545-9 or fails to respond in a timely manner to the notice, the executive
545-10 director shall set a hearing and give written notice of the hearing
545-11 to the person.
545-12 (b) An administrative law judge of the State Office of
545-13 Administrative Hearings shall hold the hearing.
545-14 (c) The administrative law judge shall make findings of fact
545-15 and conclusions of law and promptly issue to the board a proposal
545-16 for a decision about the occurrence of the violation and the amount
545-17 of a proposed administrative penalty.
545-18 Sec. 505.556. DECISION BY BOARD. (a) Based on the findings
545-19 of fact, conclusions of law, and proposal for decision, the board
545-20 by order may determine that:
545-21 (1) a violation occurred and impose an administrative
545-22 penalty; or
545-23 (2) a violation did not occur.
545-24 (b) The notice of the board's order given to the person must
545-25 include a statement of the right of the person to judicial review
545-26 of the order.
545-27 Sec. 505.557. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
546-1 (a) Within 30 days after the date the board's order becomes final,
546-2 the person shall:
546-3 (1) pay the administrative penalty; or
546-4 (2) file a petition for judicial review contesting the
546-5 occurrence of the violation, the amount of the penalty, or both.
546-6 (b) Within the 30-day period prescribed by Subsection (a), a
546-7 person who files a petition for judicial review may:
546-8 (1) stay enforcement of the penalty by:
546-9 (A) paying the penalty to the court for
546-10 placement in an escrow account; or
546-11 (B) giving the court a supersedeas bond approved
546-12 by the court that:
546-13 (i) is for the amount of the penalty; and
546-14 (ii) is effective until all judicial
546-15 review of the board's order is final; or
546-16 (2) request the court to stay enforcement of the
546-17 penalty by:
546-18 (A) filing with the court a sworn affidavit of
546-19 the person stating that the person is financially unable to pay the
546-20 penalty and is financially unable to give the supersedeas bond; and
546-21 (B) giving a copy of the affidavit to the
546-22 executive director by certified mail.
546-23 (c) If the executive director receives a copy of an
546-24 affidavit under Subsection (b)(2), the director may file with the
546-25 court, within five days after the date the copy is received, a
546-26 contest to the affidavit.
546-27 (d) The court shall hold a hearing on the facts alleged in
547-1 the affidavit as soon as practicable and shall stay the enforcement
547-2 of the penalty on finding that the alleged facts are true. The
547-3 person who files an affidavit has the burden of proving that the
547-4 person is financially unable to pay the penalty and to give a
547-5 supersedeas bond.
547-6 Sec. 505.558. COLLECTION OF PENALTY. (a) If the person does
547-7 not pay the administrative penalty and the enforcement of the
547-8 penalty is not stayed, the penalty may be collected.
547-9 (b) The attorney general may sue to collect the penalty.
547-10 Sec. 505.559. DETERMINATION BY COURT. (a) If the court
547-11 sustains the determination that a violation occurred, the court may
547-12 uphold or reduce the amount of the administrative penalty and order
547-13 the person to pay the full or reduced amount of the penalty.
547-14 (b) If the court does not sustain the finding that a
547-15 violation occurred, the court shall order that a penalty is not
547-16 owed.
547-17 Sec. 505.560. REMITTANCE OF PENALTY AND INTEREST. (a) If
547-18 the person paid the administrative penalty and if the amount of the
547-19 penalty is reduced or the penalty is not upheld by the court, the
547-20 court shall order, when the court's judgment becomes final, that
547-21 the appropriate amount plus accrued interest be remitted to the
547-22 person.
547-23 (b) The interest accrues at the rate charged on loans to
547-24 depository institutions by the New York Federal Reserve Bank.
547-25 (c) The interest shall be paid for the period beginning on
547-26 the date the penalty is paid and ending on the date the penalty is
547-27 remitted.
548-1 (d) If the person gave a supersedeas bond and the penalty is
548-2 not upheld by the court, the court shall order, when the court's
548-3 judgment becomes final, the release of the bond.
548-4 (e) If the person gave a supersedeas bond and the amount of
548-5 the penalty is reduced, the court shall order the release of the
548-6 bond after the person pays the reduced amount.
548-7 Sec. 505.561. ADMINISTRATIVE PROCEDURE. A proceeding under
548-8 this section is a contested case under Chapter 2001, Government
548-9 Code.
548-10 (b) Section 6, Chapter 1587, Acts of the 76th Legislature,
548-11 Regular Session, 1999, is repealed.
548-12 SECTION 14.272. (a) Chapter 505, Occupations Code, is
548-13 amended to conform to Section 2, Chapter 1587, Acts of the 76th
548-14 Legislature, Regular Session, 1999, by adding Subchapter L to read
548-15 as follows:
548-16 SUBCHAPTER L. REPORTS OF CERTAIN VIOLATIONS
548-17 Sec. 505.601. REPORT OF VIOLATION. In a written, signed
548-18 report to the appropriate licensing board, agency, or facility, a
548-19 person licensed under this chapter may report an incident that the
548-20 person has reasonable cause to believe has exposed a client to
548-21 substantial risk of harm, including:
548-22 (1) a failure to provide care that conforms to the
548-23 minimum standards of acceptable and prevailing professional
548-24 practice;
548-25 (2) illegal billing practices; or
548-26 (3) falsification of records.
548-27 Sec. 505.602. REPORTING IMMUNITY. A person who, without
549-1 malice, makes a report authorized, or reasonably believed to be
549-2 authorized, under this subchapter:
549-3 (1) is immune from civil liability; and
549-4 (2) may not be subjected by the person's employer to
549-5 other retaliatory action as a result of making the report.
549-6 Sec. 505.603. CAUSE OF ACTION FOR RETALIATION. (a) A person
549-7 named as a defendant in a civil action or subjected by the person's
549-8 employer to other retaliatory action as a result of filing a report
549-9 authorized, or reasonably believed to be authorized, under this
549-10 subchapter may file a counterclaim in the pending action or prove a
549-11 cause of action in a subsequent suit to recover defense costs,
549-12 including reasonable attorney's fees and actual and punitive
549-13 damages, if the suit or retaliatory action is determined to be
549-14 frivolous, unreasonable, or taken in bad faith.
549-15 (b) A person may not suspend or terminate the employment of,
549-16 or otherwise discipline or discriminate against, a person who makes
549-17 a report, without malice, under this subchapter.
549-18 (c) A person who makes a report under this subchapter has a
549-19 cause of action against a person who violates Subsection (b) and
549-20 may recover:
549-21 (1) the greater of:
549-22 (A) actual damages, including damages for mental
549-23 anguish even if no other injury is shown; or
549-24 (B) $1,000;
549-25 (2) exemplary damages;
549-26 (3) court costs; and
549-27 (4) reasonable attorney's fees.
550-1 (d) In addition to the amount recovered under Subsection
550-2 (c), a person whose employment is suspended or terminated in
550-3 violation of this section is entitled to:
550-4 (1) reinstatement in the employee's former position or
550-5 severance pay in an amount equal to three months of the employee's
550-6 most recent salary; and
550-7 (2) compensation for wages lost during the period of
550-8 suspension or termination.
550-9 (e) A person who brings an action under this section has the
550-10 burden of proof. It is a rebuttable presumption that the person's
550-11 employment was suspended or terminated for making a report under
550-12 this subchapter if:
550-13 (1) the person was suspended or terminated within 60
550-14 days after the date the report was made; and
550-15 (2) the person to whom the report that is the subject
550-16 of the cause of action was made or the court determines that the
550-17 report was:
550-18 (A) authorized under this subchapter; and
550-19 (B) made without malice.
550-20 (f) An action under this section may be brought in a
550-21 district court of the county in which:
550-22 (1) the plaintiff resides;
550-23 (2) the plaintiff was employed by the defendant; or
550-24 (3) the defendant conducts business.
550-25 (b) Section 2, Chapter 1587, Acts of the 76th Legislature,
550-26 Regular Session, 1999, is repealed.
550-27 PART 11. CHANGES RELATING TO SUBTITLE J,
551-1 TITLE 3, OCCUPATIONS CODE
551-2 SECTION 14.301. (a) Section 554.002, Occupations Code, is
551-3 amended to conform to Section 2, Chapter 1518, Acts of the 76th
551-4 Legislature, Regular Session, 1999, and Section 2, Chapter 1243,
551-5 Acts of the 76th Legislature, Regular Session, 1999, to read as
551-6 follows:
551-7 Sec. 554.002. REGULATION OF PRACTICE OF PHARMACY. The board
551-8 shall regulate the practice of pharmacy in this state by:
551-9 (1) issuing a license after examination or by
551-10 reciprocity to an applicant qualified to practice pharmacy and
551-11 issuing a license to a pharmacy under this subtitle;
551-12 (2) renewing a license to practice pharmacy and a
551-13 license to operate a pharmacy;
551-14 (3) determining and issuing standards for recognizing
551-15 and approving degree requirements of colleges of pharmacy whose
551-16 graduates are eligible for a license in this state;
551-17 (4) specifying and enforcing requirements for
551-18 practical training, including an internship;
551-19 (5) enforcing the provisions of this subtitle relating
551-20 to:
551-21 (A) the conduct or competence of a pharmacist
551-22 practicing in this state and the conduct of a pharmacy operating in
551-23 this state; and
551-24 (B) the suspension, revocation, retirement, or
551-25 restriction of a license to practice pharmacy or to operate a
551-26 pharmacy or the imposition of an administrative penalty or
551-27 reprimand on a license holder; [and]
552-1 (6) regulating the training, qualifications, and
552-2 employment of a pharmacist-intern and pharmacy technician; and
552-3 (7) determining and issuing standards for recognizing
552-4 and approving a pharmacy residency program for purposes of
552-5 Subchapter W, Chapter 61, Education Code.
552-6 (b) Section 2, Chapter 1243, Acts of the 76th Legislature,
552-7 Regular Session, 1999, is repealed.
552-8 (c) Subchapter A, Chapter 554, Occupations Code, is amended
552-9 to conform to Section 2, Chapter 1518, Acts of the 76th
552-10 Legislature, Regular Session, 1999, by adding Section 554.0021 to
552-11 read as follows:
552-12 Sec. 554.0021. RECOGNITION AND APPROVAL OF PHARMACIST
552-13 CERTIFICATION PROGRAMS. (a) The board shall determine and issue
552-14 standards for recognizing and approving pharmacist certification
552-15 programs.
552-16 (b) In adopting standards under Subsection (a), the board
552-17 shall include a requirement that a pharmacist may not use the
552-18 designation "board certified" unless the pharmacist has
552-19 successfully completed a certification program that meets the
552-20 board's standards.
552-21 (d) Section 554.005(a), Occupations Code, is amended to
552-22 conform to Section 2, Chapter 1518, Acts of the 76th Legislature,
552-23 Regular Session, 1999, to read as follows:
552-24 (a) In regulating the practice of pharmacy and the use in
552-25 this state of prescription drugs and devices in the diagnosis,
552-26 mitigation, or treatment or prevention of injury, illness, or
552-27 disease, the board shall:
553-1 (1) regulate the delivery or distribution of a
553-2 prescription drug or device;
553-3 (2) specify minimum standards for the professional
553-4 environment, technical equipment, and security in a prescription
553-5 dispensing area;
553-6 (3) specify minimum standards for:
553-7 (A) drug storage;
553-8 (B) maintenance of prescription drug records;
553-9 and
553-10 (C) procedures for the:
553-11 (i) delivering and dispensing in a
553-12 suitable, appropriately labeled container;
553-13 (ii) providing of prescription drugs or
553-14 devices;
553-15 (iii) monitoring of drug therapy; and
553-16 (iv) counseling of patients on proper use
553-17 of a prescription drug or device in the practice of pharmacy;
553-18 (4) adopt rules regulating a prescription drug order
553-19 or medication order transmitted by electronic means; and
553-20 (5) [annually] register a balance used for compounding
553-21 drugs in a pharmacy licensed in this state and periodically inspect
553-22 the balance to verify accuracy.
553-23 (e) Section 2, Chapter 1518, Acts of the 76th Legislature,
553-24 Regular Session, 1999, is repealed.
553-25 SECTION 14.302. (a) Section 554.011(c), Occupations Code, is
553-26 amended to conform to Section 1, Chapter 26, Acts of the 76th
553-27 Legislature, Regular Session, 1999, to read as follows:
554-1 (c) The approval may include a provision granting an
554-2 exception to any rule adopted under this subtitle. The board may
554-3 extend the time an exception to a rule is granted as necessary for
554-4 the board to adopt an amendment or modification of the rule. The
554-5 board may condition approval of a project on compliance with this
554-6 section and rules adopted under this section.
554-7 (b) Section 1, Chapter 26, Acts of the 76th Legislature,
554-8 Regular Session, 1999, is repealed.
554-9 SECTION 14.303. (a) Section 554.053(c), Occupations Code, is
554-10 amended to conform to Section 3, Chapter 1518, Acts of the 76th
554-11 Legislature, Regular Session, 1999, to read as follows:
554-12 (c) The board shall [may] determine and issue standards for
554-13 recognition and approval of a training program for pharmacy
554-14 technicians and maintain a list of board-approved training programs
554-15 that meet those standards.
554-16 (b) Section 3, Chapter 1518, Acts of the 76th Legislature,
554-17 Regular Session, 1999, is repealed.
554-18 SECTION 14.304. (a) Section 559.053, Occupations Code, is
554-19 amended to conform to Section 5, Chapter 1518, Acts of the 76th
554-20 Legislature, Regular Session, 1999, to read as follows:
554-21 Sec. 559.053. PROGRAM HOURS REQUIRED. [(a)] A license holder
554-22 satisfies the continuing education requirement by presenting
554-23 evidence satisfactory to the board of completion of at least 24
554-24 [12] hours of continuing education during the preceding 24 months
554-25 of the person's license period.
554-26 [(b) A license holder who completes more than 12 hours of
554-27 continuing education during the preceding license period may carry
555-1 forward not more than 12 hours for the next license period.]
555-2 (b) Section 5, Chapter 1518, Acts of the 76th Legislature,
555-3 Regular Session, 1999, is repealed.
555-4 SECTION 14.305. (a) Section 560.051(d), Occupations Code, is
555-5 amended to conform to Section 1, Chapter 1518, Acts of the 76th
555-6 Legislature, Regular Session, 1999, to read as follows:
555-7 (d) A Class C pharmacy license or institutional pharmacy
555-8 license may be issued to[:]
555-9 [(1)] a pharmacy located in:
555-10 (1) [(A)] an inpatient facility, including a hospital,
555-11 licensed under Chapter 241 or 577, Health and Safety Code; [or]
555-12 (2) [(B)] a hospital maintained or operated by the
555-13 state; [or]
555-14 (3) [(2)] a hospice inpatient facility licensed under
555-15 Chapter 142, Health and Safety Code; or
555-16 (4) an ambulatory surgical center licensed under
555-17 Chapter 243, Health and Safety Code.
555-18 (b) Section 1, Chapter 1518, Acts of the 76th Legislature,
555-19 Regular Session, 1999, is repealed.
555-20 SECTION 14.306. (a) Section 560.052, Occupations Code, is
555-21 amended to conform to Section 8, Chapter 1518, Acts of the 76th
555-22 Legislature, Regular Session, 1999, by adding Subsection (e) to
555-23 read as follows:
555-24 (e) With respect to a Class C pharmacy license, the board
555-25 may issue a license to a pharmacy on certification by the
555-26 appropriate agency that the facility in which the pharmacy is
555-27 located has substantially completed the requirements for licensing.
556-1 (b) Section 561.002, Occupations Code, is amended to conform
556-2 to Section 8, Chapter 1518, Acts of the 76th Legislature, Regular
556-3 Session, 1999, to read as follows:
556-4 Sec. 561.002. PHARMACY LICENSE [ANNUAL] RENEWAL. A pharmacy
556-5 license must be renewed annually or biennially as determined by the
556-6 board.
556-7 (c) Section 8, Chapter 1518, Acts of the 76th Legislature,
556-8 Regular Session, 1999, is repealed.
556-9 SECTION 14.307. (a) Section 561.001(b), Occupations Code, is
556-10 amended to conform to Section 9, Chapter 1518, Acts of the 76th
556-11 Legislature, Regular Session, 1999, to read as follows:
556-12 (b) The board may adopt a system under which pharmacy
556-13 licenses expire on various dates during the year or every other
556-14 year, as appropriate.
556-15 (b) Section 561.005, Occupations Code, is amended to conform
556-16 to Section 9, Chapter 1518, Acts of the 76th Legislature, Regular
556-17 Session, 1999, to read as follows:
556-18 Sec. 561.005. SUSPENSION OF PHARMACY LICENSE FOR NONRENEWAL.
556-19 The board shall suspend the license and remove from the register of
556-20 licensed pharmacies the name of a pharmacy that does not file a
556-21 completed application and pay the renewal fee on or before the date
556-22 the license [or license renewal certificate] expires.
556-23 (c) Section 9, Chapter 1518, Acts of the 76th Legislature,
556-24 Regular Session, 1999, is repealed.
556-25 SECTION 14.308. (a) Section 563.051, Occupations Code, is
556-26 amended to conform to Section 3, Chapter 428, Acts of the 76th
556-27 Legislature, Regular Session, 1999, by adding Subsection (e) to
557-1 read as follows:
557-2 (e) A practitioner may designate a licensed vocational nurse
557-3 or a person having education equivalent to or greater than that
557-4 required for a licensed vocational nurse to communicate the
557-5 prescriptions of an advanced practice nurse or physician assistant
557-6 authorized by the practitioner to sign prescription drug orders
557-7 under Subchapter B, Chapter 157.
557-8 (b) Section 3, Chapter 428, Acts of the 76th Legislature,
557-9 Regular Session, 1999, is repealed.
557-10 SECTION 14.309. (a) Section 564.051(a), Occupations Code, is
557-11 amended to conform to Section 6, Chapter 1518, Acts of the 76th
557-12 Legislature, Regular Session, 1999, to read as follows:
557-13 (a) The board may add a surcharge of not more than $10 for
557-14 each 12 months in a license period to a license or license renewal
557-15 fee authorized under this subtitle to fund a program to aid
557-16 impaired pharmacists and pharmacy students.
557-17 (b) Section 6, Chapter 1518, Acts of the 76th Legislature,
557-18 Regular Session, 1999, is repealed.
557-19 SECTION 14.310. (a) The heading for Chapter 564, Occupations
557-20 Code, is amended to conform to Section 2, Chapter 98, Acts of the
557-21 76th Legislature, Regular Session, 1999, to read as follows:
557-22 CHAPTER 564. PROGRAM TO AID IMPAIRED
557-23 PHARMACISTS AND PHARMACY STUDENTS; PHARMACY PEER REVIEW
557-24 (b) Chapter 564, Occupations Code, is amended to conform to
557-25 Section 2, Chapter 98, Acts of the 76th Legislature, Regular
557-26 Session, 1999, by adding Subchapter C to read as follows:
557-27 SUBCHAPTER C. PHARMACY PEER REVIEW
558-1 Sec. 564.101. DEFINITIONS. In this subchapter:
558-2 (1) "Pharmacy peer review committee" means:
558-3 (A) a pharmacy peer review, judicial, or
558-4 grievance committee of a pharmacy society or association that is
558-5 authorized to evaluate the quality of pharmacy services or the
558-6 competence of pharmacists and suggest improvements in pharmacy
558-7 systems to enhance patient care; or
558-8 (B) a pharmacy peer review committee established
558-9 by a person who owns a pharmacy or employs pharmacists that is
558-10 authorized to evaluate the quality of pharmacy services or the
558-11 competence of pharmacists and suggest improvements in pharmacy
558-12 systems to enhance patient care.
558-13 (2) "Pharmacy society or association" means a
558-14 membership organization of pharmacists that is incorporated under
558-15 the Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
558-16 Vernon's Texas Civil Statutes) or that is exempt from the payment
558-17 of federal income taxes under Section 501(c) of the Internal
558-18 Revenue Code of 1986.
558-19 Sec. 564.102. PHARMACY PEER REVIEW COMMITTEE. (a) A
558-20 pharmacy peer review committee may be established to evaluate the
558-21 quality of pharmacy services or the competence of pharmacists and
558-22 suggest improvements in pharmacy systems to enhance patient care.
558-23 (b) The committee may review documentation of
558-24 quality-related activities in a pharmacy, assess system failures
558-25 and personnel deficiencies, determine facts, and make
558-26 recommendations or issue decisions in a written report that can be
558-27 used for continuous quality improvement purposes.
559-1 (c) A pharmacy peer review committee includes the members,
559-2 employees, and agents of the committee, including assistants,
559-3 investigators, attorneys, and any other agent that serves the
559-4 committee in any capacity.
559-5 Sec. 564.103. CONFIDENTIALITY. (a) Except as otherwise
559-6 provided by this subchapter, all proceedings and records of a
559-7 pharmacy peer review committee are confidential and all
559-8 communications made to a pharmacy peer review committee are
559-9 privileged.
559-10 (b) If a court makes a preliminary finding that a
559-11 proceeding, record, or communication described by Subsection (a) is
559-12 relevant to an anticompetitive action or an action brought under
559-13 federal civil rights provisions under 42 U.S.C. Section 1983, then
559-14 the proceeding, record, or communication is not confidential to the
559-15 extent it is considered to be relevant.
559-16 (c) The final report of, and any written or oral
559-17 communication made to, a pharmacy peer review committee and the
559-18 records and proceedings of the committee may be disclosed to
559-19 another pharmacy peer review committee, appropriate state or
559-20 federal agencies, national accreditation bodies, or the state board
559-21 of registration or licensure of this or any other state.
559-22 (d) Disclosure to the affected pharmacist of confidential
559-23 pharmacy peer review committee information pertinent to the matter
559-24 under review does not constitute waiver of the confidentiality
559-25 provisions provided by this section.
559-26 (e) If a pharmacy peer review committee takes action that
559-27 could result in censure, license suspension, restriction,
560-1 limitation, or revocation by the board or denial of membership or
560-2 privileges in a health care entity, the affected pharmacist must be
560-3 provided a written copy of the recommendation of the pharmacy peer
560-4 review committee and a copy of the pharmacy peer review committee's
560-5 final decision, including a statement of the basis for the
560-6 decision.
560-7 (f) Unless disclosure is required or authorized by law,
560-8 records or determinations of, or communications to, a pharmacy peer
560-9 review committee are not subject to subpoena or discovery and are
560-10 not admissible as evidence in any civil, judicial, or
560-11 administrative proceeding without waiver of the privilege of
560-12 confidentiality executed in writing by the committee. The
560-13 evidentiary privilege created by this section may be invoked by any
560-14 person or organization in any civil, judicial, or administrative
560-15 proceeding unless the person or organization has secured a waiver
560-16 of the privilege executed in writing by the presiding officer,
560-17 assistant presiding officer, or secretary of the affected pharmacy
560-18 peer review committee.
560-19 (g) Reports, information, or records received and maintained
560-20 by the board under this subchapter are considered investigative
560-21 files and are confidential and may only be released as specified in
560-22 Section 565.055.
560-23 Sec. 564.104. USE OF INFORMATION IN CIVIL AND CRIMINAL
560-24 ACTIONS. (a) If a pharmacy peer review committee, a person
560-25 participating in peer review, or any organization named as a
560-26 defendant in any civil action filed as a result of participation in
560-27 peer review may use otherwise confidential information in the
561-1 committee's, person's, or organization's own defense or in a claim
561-2 or suit under Section 564.106(b), a plaintiff in the proceeding may
561-3 disclose records or determinations of, or communications to, a peer
561-4 review committee in rebuttal to information supplied by the
561-5 defendant.
561-6 (b) Any person seeking access to privileged information must
561-7 plead and prove waiver of the privilege.
561-8 (c) A member, employee, or agent of a pharmacy peer review
561-9 committee who provides access to otherwise privileged
561-10 communications or records in cooperation with a law enforcement
561-11 authority in a criminal investigation is not considered to have
561-12 waived any privilege established under this subchapter.
561-13 Sec. 564.105. COMPLIANCE WITH SUBPOENA. All persons,
561-14 including governing bodies and medical staffs of health care
561-15 entities, shall comply fully with a subpoena issued by the board
561-16 for documents or information as otherwise authorized by law. The
561-17 disclosure of documents or information under the subpoena does not
561-18 constitute a waiver of the privilege associated with a pharmacy
561-19 peer review committee proceeding. Failure to comply with the
561-20 subpoena is grounds for disciplinary action against the facility or
561-21 individual by the appropriate licensing board.
561-22 Sec. 564.106. IMMUNITY. (a) A cause of action does not
561-23 accrue against the members, agents, or employees of a pharmacy peer
561-24 review committee from any act, statement, determination, or
561-25 recommendation made or act reported, without malice, in the course
561-26 of peer review according to this subchapter.
561-27 (b) A pharmacy peer review committee, a person participating
562-1 in peer review, or a health care entity named as a defendant in any
562-2 civil action filed as a result of participation in peer review may
562-3 use otherwise confidential information obtained for legitimate
562-4 internal business and professional purposes, including use in the
562-5 committee's, person's, or entity's own defense. The use of the
562-6 information does not waive the confidential and privileged nature
562-7 of pharmacy peer review committee proceedings.
562-8 (c) Section 2, Chapter 98, Acts of the 76th Legislature,
562-9 Regular Session, 1999, is repealed.
562-10 SECTION 14.311. (a) Section 565.055(c), Occupations Code, is
562-11 amended to conform to Section 1, Chapter 98, Acts of the 76th
562-12 Legislature, Regular Session, 1999, to read as follows:
562-13 (c) Notwithstanding Subsection (b), information or material
562-14 compiled by the board in connection with an investigation may be
562-15 disclosed to:
562-16 (1) a person involved with the board in a disciplinary
562-17 action against the license holder;
562-18 (2) an entity in another jurisdiction that licenses or
562-19 disciplines pharmacists or pharmacies;
562-20 (3) a pharmaceutical or pharmacy peer review committee
562-21 as described under Chapter 564;
562-22 (4) a law enforcement agency; or
562-23 (5) a person engaged in bona fide research, if all
562-24 information identifying a specific individual has been deleted.
562-25 (b) Section 1, Chapter 98, Acts of the 76th Legislature,
562-26 Regular Session, 1999, is repealed.
562-27 SECTION 14.312. (a) Subchapter C, Chapter 565, Occupations
563-1 Code, is amended to conform to Section 7, Chapter 1518, Acts of the
563-2 76th Legislature, Regular Session, 1999, and to more accurately
563-3 reflect the law from which it was derived to read as follows:
563-4 SUBCHAPTER C. PETITION FOR REINSTATEMENT OR REMOVAL
563-5 OF RESTRICTION [LICENSE]
563-6 Sec. 565.101. PETITION FOR REINSTATEMENT OR REMOVAL OF
563-7 RESTRICTION. (a) A person whose pharmacy license, [or] license to
563-8 practice pharmacy, or pharmacy technician registration in this
563-9 state has been revoked or restricted under this subtitle, whether
563-10 voluntarily or by board action, may, after the first anniversary of
563-11 the effective date of the revocation or restriction, petition the
563-12 board for reinstatement or removal of the restriction of the
563-13 license or registration.
563-14 (b) The petition must be in writing and in the form
563-15 prescribed by the board.
563-16 (c) A person petitioning for reinstatement or removal of a
563-17 restriction has the burden of proof.
563-18 Sec. 565.102. ACTION BY BOARD. (a) On investigation and
563-19 review of a petition under this subchapter [for reinstatement], the
563-20 board may grant or deny the petition or may modify the board's
563-21 original finding to reflect a circumstance that has changed
563-22 sufficiently to warrant the modification.
563-23 (b) If the board denies the petition, the board may not
563-24 consider a subsequent petition from the petitioner until the first
563-25 anniversary of the date of denial of the previous petition.
563-26 Sec. 565.103. CONDITION FOR REINSTATEMENT OR REMOVAL OF
563-27 RESTRICTION. The board may require a person to pass one or more
564-1 examinations to reenter the practice of pharmacy.
564-2 (b) Section 7, Chapter 1518, Acts of the 76th Legislature,
564-3 Regular Session, 1999, is repealed.
564-4 SECTION 14.313. (a) Subtitle J, Title 3, Occupations Code,
564-5 is amended to conform to Section 4, Chapter 1518, Acts of the 76th
564-6 Legislature, Regular Session, 1999, by adding Chapter 568 to read
564-7 as follows:
564-8 CHAPTER 568. PHARMACY TECHNICIANS
564-9 Sec. 568.001. RULES RELATING TO PHARMACY TECHNICIANS.
564-10 (a) In establishing rules under Section 554.053(c), the board
564-11 shall require that a pharmacy technician:
564-12 (1) have a high school diploma or a high school
564-13 equivalency certificate or be working to achieve an equivalent
564-14 diploma or certificate; and
564-15 (2) have passed a board-approved pharmacy technician
564-16 certification examination.
564-17 (b) The board shall adopt rules that permit a pharmacy
564-18 technician to perform only nonjudgmental technical duties under the
564-19 direct supervision of a pharmacist.
564-20 Sec. 568.002. PHARMACY TECHNICIAN REGISTRATION REQUIRED. (a)
564-21 A pharmacy technician must register with the board annually or
564-22 biennially, as determined by board rule, on a form prescribed by
564-23 the board.
564-24 (b) The board may allow a technician to petition the board
564-25 for a special exemption from the technician certification
564-26 requirement if the technician:
564-27 (1) is in a county with a population of less than
565-1 50,000; or
565-2 (2) on September 1, 2001, has been employed as a
565-3 pharmacy technician in this state for at least 10 years and the
565-4 technician's employer approves the petition.
565-5 Sec. 568.003. GROUNDS FOR REFUSAL TO ISSUE OR RENEW
565-6 REGISTRATION; DISCIPLINARY ACTION. (a) The board may refuse to
565-7 issue or renew a registration or may suspend or revoke any
565-8 registration issued by the board if the board determines that the
565-9 applicant or registrant has:
565-10 (1) violated this subtitle or a rule adopted under
565-11 this subtitle;
565-12 (2) engaged in gross immorality, as that term is
565-13 defined by the rules of the board;
565-14 (3) engaged in any fraud, deceit, or
565-15 misrepresentation, as those terms are defined by the rules of the
565-16 board, in seeking a registration to act as a pharmacy technician;
565-17 (4) been convicted of a misdemeanor involving moral
565-18 turpitude or a felony;
565-19 (5) a drug or alcohol dependency;
565-20 (6) violated:
565-21 (A) Chapter 481 or 483, Health and Safety Code,
565-22 or rules relating to those chapters;
565-23 (B) Sections 485.031-485.035, Health and Safety
565-24 Code; or
565-25 (C) a rule adopted under Section 485.011, Health
565-26 and Safety Code;
565-27 (7) violated the pharmacy or drug laws or rules of
566-1 this state, another state, or the United States; or
566-2 (8) had a registration as a pharmacy technician issued
566-3 by another state revoked, surrendered, or suspended for conduct
566-4 substantially equivalent to conduct described by Subdivisions
566-5 (1)-(6).
566-6 (b) A certified copy of the record of a state taking action
566-7 described by Subsection (a)(8) is conclusive evidence of the action
566-8 taken by the state.
566-9 Sec. 568.004. RENEWAL OF REGISTRATION. The board may adopt a
566-10 system in which the registrations of pharmacy technicians expire on
566-11 various dates during the year.
566-12 Sec. 568.005. FEES. The board may adopt fees as necessary
566-13 for the registration of pharmacy technicians.
566-14 (b) Section 4, Chapter 1518, Acts of the 76th Legislature,
566-15 Regular Session, 1999, is repealed.
566-16 SECTION 14.314. (a) Subtitle J, Title 3, Occupations Code,
566-17 is amended to conform to Section 10, Chapter 1518, Acts of the 76th
566-18 Legislature, Regular Session, 1999, by adding Chapter 569 to read
566-19 as follows:
566-20 CHAPTER 569. REPORTING REQUIREMENTS FOR
566-21 PROFESSIONAL LIABILITY INSURERS
566-22 Sec. 569.001. DUTY TO REPORT. (a) Every insurer or other
566-23 entity providing pharmacist's professional liability insurance,
566-24 pharmacy technician professional and supplemental liability
566-25 insurance, or druggist's professional liability insurance covering
566-26 a pharmacist, pharmacy technician, or pharmacy license holder in
566-27 this state shall submit to the board the information described in
567-1 Section 569.002 at the time prescribed.
567-2 (b) The information shall be provided with respect to a
567-3 notice of claim letter or complaint filed against an insured in a
567-4 court, if the notice or complaint seeks damages relating to the
567-5 insured's conduct in providing or failing to provide appropriate
567-6 service within the scope of pharmaceutical care or services, and
567-7 with respect to settlement of a claim or lawsuit made on behalf of
567-8 the insured.
567-9 (c) If a pharmacist, pharmacy technician, or pharmacy
567-10 licensed in this state does not carry or is not covered by
567-11 pharmacist's professional liability insurance, pharmacy technician
567-12 professional and supplemental liability insurance, or druggist's
567-13 professional liability insurance and is insured by a nonadmitted
567-14 carrier or other entity providing pharmacy professional liability
567-15 insurance that does not report under this subtitle, the duty to
567-16 report information under Section 569.002 is the responsibility of
567-17 the pharmacist, pharmacy technician, or pharmacy license holder.
567-18 Sec. 569.002. INFORMATION TO BE REPORTED. (a) The following
567-19 information must be furnished to the board not later than the 30th
567-20 day after receipt by the insurer of the notice of claim letter or
567-21 complaint from the insured:
567-22 (1) the name of the insured and the insured's state
567-23 pharmacy technician registration number or pharmacist or pharmacy
567-24 license number;
567-25 (2) the policy number; and
567-26 (3) a copy of the notice of claim letter or complaint.
567-27 (b) The board shall, in consultation with the Texas
568-1 Department of Insurance, adopt rules for reporting additional
568-2 information as the board may require. Other claim reports required
568-3 under state and federal law shall be considered in determining the
568-4 information to be reported, the form of the report, and frequency
568-5 of reporting under the rules. Additional information that the
568-6 board may require may include:
568-7 (1) the date of any judgment, dismissal, or
568-8 settlement; and
568-9 (2) whether an appeal has been taken and by which
568-10 party.
568-11 Sec. 569.003. IMMUNITY FROM LIABILITY. An insurer reporting
568-12 under this subchapter, its agents or employees, or the board or its
568-13 employees or representatives are not liable for damages in a suit
568-14 brought by any person or entity for reporting as required by this
568-15 subchapter or for any other action taken under this subchapter.
568-16 Sec. 569.004. RESTRICTION ON USE OF INFORMATION REPORTED.
568-17 (a) Information submitted to the board under this subchapter and
568-18 the fact that the information has been submitted to the board may
568-19 not be:
568-20 (1) offered in evidence or used in any manner in the
568-21 trial of a suit described in this subchapter; or
568-22 (2) used in any manner to determine the eligibility or
568-23 credentialing of a pharmacy to participate in a health insurance
568-24 plan defined by the Insurance Code.
568-25 (b) Information submitted under this subchapter is
568-26 confidential and is not subject to disclosure under Chapter 552,
568-27 Government Code.
569-1 (c) The board shall adopt rules to ensure the
569-2 confidentiality of information submitted under this subchapter.
569-3 Sec. 569.005. INVESTIGATION OF REPORT. (a) Except as
569-4 otherwise provided in this section, a report received by the board
569-5 under this subchapter is not a complaint for which a board
569-6 investigation is required.
569-7 (b) The board shall review the information relating to a
569-8 pharmacist, pharmacy technician, or pharmacy license holder against
569-9 whom at least three professional liability claims have been
569-10 reported within a five-year period in the same manner as if a
569-11 complaint against the pharmacist, pharmacy technician, or pharmacy
569-12 license holder had been made under Chapter 555.
569-13 Sec. 569.006. SANCTIONS IMPOSED ON INSURER. The Texas
569-14 Department of Insurance may impose on any insurer subject to this
569-15 subtitle sanctions authorized by Chapter 82, Insurance Code, if the
569-16 insurer fails to report information as required by this subchapter.
569-17 (b) Section 10, Chapter 1518, Acts of the 76th Legislature,
569-18 Regular Session, 1999, is repealed.
569-19 PART 12. CHANGES RELATING TO SUBTITLE K, TITLE 3,
569-20 OCCUPATIONS CODE
569-21 SECTION 14.321. (a) Section 601.057, Occupations Code, is
569-22 amended to conform to Section 1, Chapter 976, Acts of the 76th
569-23 Legislature, Regular Session, 1999, and Section 16.04, Chapter
569-24 1411, Acts of the 76th Legislature, Regular Session, 1999, to read
569-25 as follows:
569-26 Sec. 601.057. FEES. The board may set fees for examination,
569-27 certificate issuance, registration of a person under Section
570-1 601.202, and application processing under Section 601.203
570-2 [certificate renewal] in amounts that are reasonable to cover the
570-3 costs of administering this chapter without the use of additional
570-4 general revenue.
570-5 (b) Section 1, Chapter 976, Acts of the 76th Legislature,
570-6 Regular Session, 1999, is repealed.
570-7 SECTION 14.322. (a) Subchapter B, Chapter 601, Occupations
570-8 Code, is amended to conform to Section 16.02, Chapter 1411, Acts of
570-9 the 76th Legislature, Regular Session, 1999, by adding Section
570-10 601.058 to read as follows:
570-11 Sec. 601.058. RULES RESTRICTING ADVERTISING OR COMPETITIVE
570-12 BIDDING. (a) The board may not adopt rules restricting advertising
570-13 or competitive bidding by a medical radiologic technologist except
570-14 to prohibit false, misleading, or deceptive practices.
570-15 (b) In its rules to prohibit false, misleading, or deceptive
570-16 practices, the board may not include a rule that:
570-17 (1) restricts the use of any medium for advertising;
570-18 (2) restricts the use of a medical radiologic
570-19 technologist's personal appearance or voice in an advertisement;
570-20 (3) relates to the size or duration of an
570-21 advertisement by the medical radiologic technologist; or
570-22 (4) restricts the medical radiologic technologist's
570-23 advertisement under a trade name.
570-24 (b) Section 16.02, Chapter 1411, Acts of the 76th
570-25 Legislature, Regular Session, 1999, is repealed.
570-26 SECTION 14.323. (a) Subchapter C, Chapter 601, Occupations
570-27 Code, is amended to conform to Section 16.05, Chapter 1411, Acts of
571-1 the 76th Legislature, Regular Session, 1999, by adding Section
571-2 601.1041 to read as follows:
571-3 Sec. 601.1041. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
571-4 later than the 30th day after the date a person takes an
571-5 examination for a certificate under this chapter, the department
571-6 shall notify the person of the results of the examination.
571-7 (b) If the examination is graded or reviewed by a testing
571-8 service, the department shall notify the person of the results of
571-9 the examination not later than the 14th day after the date the
571-10 department receives the results from the testing service. If
571-11 notice of the examination results will be delayed for longer than
571-12 90 days after the examination date, the department shall notify the
571-13 person of the reason for the delay before the 90th day.
571-14 (c) The department may require a testing service to notify a
571-15 person of the results of the person's examination.
571-16 (d) If requested in writing by a person who fails an
571-17 examination for a certificate administered under this chapter, the
571-18 department shall furnish the person with an analysis of the
571-19 person's performance on the examination.
571-20 (b) Subchapter C, Chapter 601, Occupations Code, is amended
571-21 to conform to Sections 16.04 and 16.05, Chapter 1411, Acts of the
571-22 76th Legislature, Regular Session, 1999, by adding Section 601.110
571-23 to read as follows:
571-24 Sec. 601.110. CERTIFICATE EXPIRATION. (a) Not later than
571-25 the 30th day before the date a person's certificate is scheduled to
571-26 expire, the department shall send written notice of the impending
571-27 expiration to the person at the person's last known address
572-1 according to the records of the department.
572-2 (b) The board by rule may adopt a system under which
572-3 certificates expire on various dates during the year. For the year
572-4 in which the certificate expiration date is changed, the department
572-5 shall prorate certificate fees on a monthly basis so that each
572-6 certificate holder pays only that portion of the certificate fee
572-7 that is allocable to the number of months during which the
572-8 certificate is valid. On renewal of the certificate on the new
572-9 expiration date, the total certificate renewal fee is payable.
572-10 (c) Subchapter C, Chapter 601, Occupations Code, is amended
572-11 to conform to Section 16.04, Chapter 1411, Acts of the 76th
572-12 Legislature, Regular Session, 1999, by adding Sections 601.111 and
572-13 601.112 to read as follows:
572-14 Sec. 601.111. CERTIFICATE RENEWAL PROCEDURE. (a) A person
572-15 who is otherwise eligible to renew a certificate may renew an
572-16 unexpired certificate by paying the required renewal fee to the
572-17 department before the expiration date of the certificate. A person
572-18 whose certificate has expired may not engage in activities that
572-19 require a certificate until the certificate has been renewed.
572-20 (b) A person whose certificate has been expired for 90 days
572-21 or less may renew the certificate by paying to the department a
572-22 renewal fee that is equal to 1-1/2 times the normally required
572-23 renewal fee.
572-24 (c) A person whose certificate has been expired for more
572-25 than 90 days but less than one year may renew the certificate by
572-26 paying to the department a renewal fee that is equal to two times
572-27 the normally required renewal fee.
573-1 (d) A person whose certificate has been expired for one year
573-2 or more may not renew the certificate. The person may obtain a new
573-3 certificate by complying with the requirements and procedures,
573-4 including the examination requirements, for an original
573-5 certificate.
573-6 Sec. 601.112. RENEWAL OF CERTIFICATE BY OUT-OF-STATE
573-7 PRACTITIONER. (a) A person who held a certificate in this state,
573-8 moved to another state, and currently holds a certificate or
573-9 license and has been in practice in the other state for the two
573-10 years preceding the date of application may obtain a new
573-11 certificate without reexamination.
573-12 (b) The person must pay to the department a fee that is
573-13 equal to two times the normally required renewal fee for the
573-14 certificate.
573-15 (d) Sections 16.04 and 16.05, Chapter 1411, Acts of the 76th
573-16 Legislature, Regular Session, 1999, are repealed.
573-17 SECTION 14.324. (a) Section 601.108, Occupations Code, is
573-18 amended to conform to Section 16.01, Chapter 1411, Acts of the 76th
573-19 Legislature, Regular Session, 1999, to read as follows:
573-20 Sec. 601.108. CONTINUING EDUCATION AND OTHER GUIDELINES. (a)
573-21 The board may establish guidelines[, including guidelines that
573-22 require continuing education for medical radiologic technologists].
573-23 (b) The board shall prepare, recognize, or administer
573-24 continuing education programs for medical radiologic technologists
573-25 in which participation is required, to the extent required by the
573-26 board, to keep the person's certificate.
573-27 (b) Section 16.01, Chapter 1411, Acts of the 76th
574-1 Legislature, Regular Session, 1999, is repealed.
574-2 SECTION 14.325. (a) Subchapter C, Chapter 601, Occupations
574-3 Code, is amended to conform to Section 16.03, Chapter 1411, Acts of
574-4 the 76th Legislature, Regular Session, 1999, by adding Section
574-5 601.109 to read as follows:
574-6 Sec. 601.109. PROVISIONAL CERTIFICATE. (a) The board may
574-7 issue a provisional certificate to an applicant currently licensed
574-8 or certified in another jurisdiction who seeks certification in
574-9 this state and who:
574-10 (1) has been licensed or certified in good standing as
574-11 a medical radiologic technologist for at least two years in another
574-12 jurisdiction, including a foreign country, that has licensing or
574-13 certification requirements substantially equivalent to the
574-14 requirements of this chapter;
574-15 (2) has passed a national or other examination
574-16 recognized by the board relating to the practice of radiologic
574-17 technology; and
574-18 (3) is sponsored by a medical radiologic technologist
574-19 certified by the board under this chapter with whom the provisional
574-20 certificate holder will practice during the time the person holds a
574-21 provisional certificate.
574-22 (b) The board may waive the requirement of Subsection (a)(3)
574-23 for an applicant if the board determines that compliance with that
574-24 subsection would be a hardship to the applicant.
574-25 (c) A provisional certificate is valid until the date the
574-26 board approves or denies the provisional certificate holder's
574-27 application for a certificate. The board shall issue a certificate
575-1 under this chapter to the provisional certificate holder if:
575-2 (1) the provisional certificate holder is eligible to
575-3 be certified under Section 601.107; or
575-4 (2) the provisional certificate holder passes the part
575-5 of the examination under Section 601.104 that relates to the
575-6 applicant's knowledge and understanding of the laws and rules
575-7 relating to the practice of radiologic technology in this state
575-8 and:
575-9 (A) the board verifies that the provisional
575-10 certificate holder meets the academic and experience requirements
575-11 for a certificate under this chapter; and
575-12 (B) the provisional certificate holder satisfies
575-13 any other licensing requirements under this chapter.
575-14 (d) The board must approve or deny a provisional certificate
575-15 holder's application for a certificate not later than the 180th day
575-16 after the date the provisional certificate is issued. The board
575-17 may extend the 180-day period if the results of an examination have
575-18 not been received by the board before the end of that period.
575-19 (e) The board may establish a fee for a provisional
575-20 certificate in an amount reasonable and necessary to cover the cost
575-21 of issuing the certificate.
575-22 (b) Section 16.03, Chapter 1411, Acts of the 76th
575-23 Legislature, Regular Session, 1999, is repealed.
575-24 SECTION 14.326. (a) Section 602.052(d), Occupations Code, is
575-25 amended to conform to Section 17.01, Chapter 1411, Acts of the 76th
575-26 Legislature, Regular Session, 1999, to read as follows:
575-27 (d) Appointments to the board shall be made without regard
576-1 to the race, color, disability, creed, sex, religion, age, or
576-2 national origin of the appointee.
576-3 (b) Section 17.01, Chapter 1411, Acts of the 76th
576-4 Legislature, Regular Session, 1999, is repealed.
576-5 SECTION 14.327. (a) Section 602.053(d), Occupations Code, is
576-6 amended to conform to Section 17.02, Chapter 1411, Acts of the 76th
576-7 Legislature, Regular Session, 1999, to read as follows:
576-8 (d) A [The] public board member must be a resident of the
576-9 state for a period of not less than four years preceding
576-10 appointment [and may not have a financial interest in an endeavor
576-11 related to the practice of medical physics]. A person may not be a
576-12 public member of the board if the person or the person's spouse:
576-13 (1) is registered, certified, or licensed by a
576-14 regulatory agency in the field of medical physics;
576-15 (2) is employed by or participates in the management
576-16 of a business entity or other organization regulated by or
576-17 receiving money from the board;
576-18 (3) owns or controls, directly or indirectly, more
576-19 than a 10 percent interest in a business entity or other
576-20 organization regulated by or receiving money from the board; or
576-21 (4) uses or receives a substantial amount of tangible
576-22 goods, services, or money from the board other than compensation or
576-23 reimbursement authorized by law for board membership, attendance,
576-24 or expenses.
576-25 (b) Section 17.02, Chapter 1411, Acts of the 76th
576-26 Legislature, Regular Session, 1999, is repealed.
576-27 SECTION 14.328. (a) Section 602.054, Occupations Code, is
577-1 amended to conform to Section 17.03, Chapter 1411, Acts of the 76th
577-2 Legislature, Regular Session, 1999, to read as follows:
577-3 Sec. 602.054. MEMBERSHIP [AND EMPLOYEE] RESTRICTIONS.
577-4 (a) In this section, "Texas trade association" means a cooperative
577-5 and voluntarily joined association of business or professional
577-6 competitors in this state designed to assist its members and its
577-7 industry or profession in dealing with mutual business or
577-8 professional problems and in promoting their common interest.
577-9 (b) A person may not be a member of the board if:
577-10 (1) the person is an officer, employee, or paid
577-11 consultant of a Texas trade association in the field of medicine;
577-12 or
577-13 (2) the person's spouse is an officer, manager, or
577-14 paid consultant of a Texas trade association in the field of
577-15 medicine.
577-16 (c) A person may not serve as a member of the board [or act
577-17 as general counsel to the board] if the person is required to
577-18 register as a lobbyist under Chapter 305, Government Code, because
577-19 of the person's activities for compensation on behalf of a
577-20 profession related to the operation of the board.
577-21 (b) Subchapter B, Chapter 602, Occupations Code, is amended
577-22 to conform to Section 17.03, Chapter 1411, Acts of the 76th
577-23 Legislature, Regular Session, 1999, by adding Section 602.059 to
577-24 read as follows:
577-25 Sec. 602.059. TRAINING. (a) A person who is appointed to
577-26 and qualifies for office as a member of the board may not vote,
577-27 deliberate, or be counted as a member in attendance at a meeting of
578-1 the board until the person completes a training program that
578-2 complies with this section.
578-3 (b) The training program must provide the person with
578-4 information regarding:
578-5 (1) the legislation that created the board;
578-6 (2) the programs operated by the board;
578-7 (3) the role and functions of the board;
578-8 (4) the rules of the board, with an emphasis on the
578-9 rules that relate to disciplinary and investigatory authority;
578-10 (5) the current budget for the board;
578-11 (6) the results of the most recent formal audit of the
578-12 board;
578-13 (7) the requirements of:
578-14 (A) the open meetings law, Chapter 551,
578-15 Government Code;
578-16 (B) the public information law, Chapter 552,
578-17 Government Code;
578-18 (C) the administrative procedure law, Chapter
578-19 2001, Government Code; and
578-20 (D) other laws relating to public officials,
578-21 including conflict of interest laws; and
578-22 (8) any applicable ethics policies adopted by the
578-23 board or the Texas Ethics Commission.
578-24 (c) A person appointed to the board is entitled to
578-25 reimbursement, as provided by the General Appropriations Act, for
578-26 the travel expenses incurred in attending the training program
578-27 regardless of whether the attendance at the program occurs before
579-1 or after the person qualifies for office.
579-2 (c) Section 17.03, Chapter 1411, Acts of the 76th
579-3 Legislature, Regular Session, 1999, is repealed.
579-4 SECTION 14.329. (a) Section 602.056, Occupations Code, is
579-5 amended to conform to Section 17.04, Chapter 1411, Acts of the 76th
579-6 Legislature, Regular Session, 1999, by amending Subsection (a) and
579-7 adding Subsection (c) to read as follows:
579-8 (a) It is a ground for removal from the board that a member
579-9 [does not]:
579-10 (1) does not have at the time of appointment the
579-11 qualifications required by Section 602.053 for appointment to the
579-12 board;
579-13 (2) does not maintain during service on the board the
579-14 qualifications required by Section 602.053 for appointment to the
579-15 board; [or]
579-16 (3) is ineligible for membership under Section
579-17 602.053(d) or Section 602.054;
579-18 (4) cannot, because of illness or disability,
579-19 discharge the member's duties for a substantial part of the
579-20 member's term; or
579-21 (5) does not attend at least half of the regularly
579-22 scheduled board meetings held in a calendar year, excluding
579-23 meetings held while the person was not a board member, without an
579-24 excuse approved by the board.
579-25 (c) If the commissioner of public health has knowledge that
579-26 a potential ground for removal exists, the commissioner shall
579-27 notify the presiding officer of the board of the potential ground.
580-1 The presiding officer shall then notify the governor and the
580-2 attorney general that a potential ground for removal exists. If
580-3 the potential ground for removal involves the presiding officer,
580-4 the commissioner shall notify the next highest ranking officer of
580-5 the board, who shall then notify the governor and the attorney
580-6 general that a potential ground for removal exists.
580-7 (b) Section 17.04, Chapter 1411, Acts of the 76th
580-8 Legislature, Regular Session, 1999, is repealed.
580-9 SECTION 14.330. (a) Section 602.058(a), Occupations Code, is
580-10 amended to conform to Section 17.05, Chapter 1411, Acts of the 76th
580-11 Legislature, Regular Session, 1999, to read as follows:
580-12 (a) The governor shall designate a member of the board as
580-13 the presiding officer of the board to serve in that capacity at the
580-14 will of the governor. At the first regularly scheduled meeting of
580-15 each calendar year, the board shall elect from its members [a
580-16 presiding officer and] an assistant presiding officer.
580-17 (b) Subchapter D, Chapter 602, Occupations Code, is amended
580-18 to conform to Section 17.05, Chapter 1411, Acts of the 76th
580-19 Legislature, Regular Session, 1999, by adding Section 602.1521 to
580-20 read as follows:
580-21 Sec. 602.1521. PUBLIC PARTICIPATION. The board shall
580-22 develop and implement policies that provide the public with a
580-23 reasonable opportunity to appear before the board and to speak on
580-24 any issue under the jurisdiction of the board.
580-25 (c) Section 17.05, Chapter 1411, Acts of the 76th
580-26 Legislature, Regular Session, 1999, is repealed.
580-27 SECTION 14.331. (a) Subchapter C, Chapter 602, Occupations
581-1 Code, is amended to conform to Section 17.06, Chapter 1411, Acts of
581-2 the 76th Legislature, Regular Session, 1999, by adding Section
581-3 602.104 to read as follows:
581-4 Sec. 602.104. DIVISION OF RESPONSIBILITIES. The board shall
581-5 develop and implement policies that clearly separate the
581-6 policy-making responsibilities of the board and the management
581-7 responsibilities of the commissioner of public health, the
581-8 executive secretary, and the staff of the department.
581-9 (b) Section 602.153, Occupations Code, is amended to conform
581-10 to Section 17.06, Chapter 1411, Acts of the 76th Legislature,
581-11 Regular Session, 1999, to read as follows:
581-12 Sec. 602.153. CONTINUING EDUCATION. The board shall
581-13 recognize, [may] prepare, or [and] administer [an optional]
581-14 continuing education programs [program] for persons licensed by the
581-15 board. A license holder must participate in the programs to the
581-16 extent required by the board to keep the person's license.
581-17 (c) Section 17.06, Chapter 1411, Acts of the 76th
581-18 Legislature, Regular Session, 1999, is repealed.
581-19 SECTION 14.332. (a) Section 602.152, Occupations Code, is
581-20 amended to conform to Section 17.07, Chapter 1411, Acts of the 76th
581-21 Legislature, Regular Session, 1999, and Section 9, Chapter 1444,
581-22 Acts of the 76th Legislature, Regular Session, 1999, by amending
581-23 Subsection (b) and adding Subsections (c) and (d) to read as
581-24 follows:
581-25 (b) The board shall maintain a file on each written
581-26 complaint filed with the board [showing the status and final
581-27 disposition of the complaint]. The file must include:
582-1 (1) the name of the person who filed the complaint;
582-2 (2) the date the complaint is received by the board;
582-3 (3) the subject matter of the complaint;
582-4 (4) the name of each person contacted in relation to
582-5 the complaint;
582-6 (5) a summary of the results of the review or
582-7 investigation of the complaint; and
582-8 (6) an explanation of the reason the file was closed,
582-9 if the board closed the file without taking action other than to
582-10 investigate the complaint.
582-11 (c) The board shall provide to the person filing the
582-12 complaint and to each person who is a subject of the complaint a
582-13 copy of the board's policies and procedures relating to complaint
582-14 investigation and resolution.
582-15 (d) The board, at least quarterly until final disposition of
582-16 the complaint, shall notify the person filing the complaint and
582-17 each person who is a subject of the complaint of the status of the
582-18 complaint unless the notice would jeopardize an undercover
582-19 investigation.
582-20 (b) Subchapter D, Chapter 602, Occupations Code, is amended
582-21 to conform to Section 9, Chapter 1444, Acts of the 76th
582-22 Legislature, Regular Session, 1999, by adding Section 602.1525 to
582-23 read as follows:
582-24 Sec. 602.1525. SUBPOENAS. (a) In an investigation of a
582-25 complaint filed with the board, the board may request that the
582-26 commissioner of public health or the commissioner's designee
582-27 approve the issuance of a subpoena. If the request is approved,
583-1 the board may issue a subpoena to compel the attendance of a
583-2 relevant witness or the production, for inspection or copying, of
583-3 relevant evidence that is in this state.
583-4 (b) A subpoena may be served personally or by certified
583-5 mail.
583-6 (c) If a person fails to comply with a subpoena, the board,
583-7 acting through the attorney general, may file suit to enforce the
583-8 subpoena in a district court in Travis County or in the county in
583-9 which a hearing conducted by the board may be held.
583-10 (d) On finding that good cause exists for issuing the
583-11 subpoena, the court shall order the person to comply with the
583-12 subpoena. The court may punish a person who fails to obey the
583-13 court order.
583-14 (e) The board may delegate the authority granted under
583-15 Subsection (a) to the executive secretary of the board.
583-16 (f) The board shall pay a reasonable fee for photocopies
583-17 subpoenaed under this section in an amount not to exceed the amount
583-18 the board may charge for copies of its records.
583-19 (g) The reimbursement of the expenses of a witness whose
583-20 attendance is compelled under this section is governed by Section
583-21 2001.103, Government Code.
583-22 (h) All information and materials subpoenaed or compiled by
583-23 the board in connection with a complaint and investigation are
583-24 confidential and not subject to disclosure under Chapter 552,
583-25 Government Code, and not subject to disclosure, discovery,
583-26 subpoena, or other means of legal compulsion for their release to
583-27 anyone other than the board or its agents or employees who are
584-1 involved in discipline of the holder of a license, except that this
584-2 information may be disclosed to:
584-3 (1) persons involved with the board in a disciplinary
584-4 action against the holder of a license;
584-5 (2) professional medical physics licensing or
584-6 disciplinary boards in other jurisdictions;
584-7 (3) peer assistance programs approved by the board
584-8 under Chapter 467, Health and Safety Code;
584-9 (4) law enforcement agencies; and
584-10 (5) persons engaged in bona fide research, if all
584-11 individual-identifying information has been deleted.
584-12 (i) The filing of formal charges by the board against a
584-13 holder of a license, the nature of those charges, disciplinary
584-14 proceedings of the board, and final disciplinary actions, including
584-15 warnings and reprimands, by the board are not confidential and are
584-16 subject to disclosure in accordance with Chapter 552, Government
584-17 Code.
584-18 (c) Subchapter D, Chapter 602, Occupations Code, is amended
584-19 to conform to Section 17.07, Chapter 1411, Acts of the 76th
584-20 Legislature, Regular Session, 1999, by adding Section 602.154 to
584-21 read as follows:
584-22 Sec. 602.154. RULES RELATING TO ADVERTISING OR COMPETITIVE
584-23 BIDDING. (a) The board may not adopt rules restricting advertising
584-24 or competitive bidding by a license holder except to prohibit
584-25 false, misleading, or deceptive practices.
584-26 (b) In its rules to prohibit false, misleading, or deceptive
584-27 practices, the board may not include a rule that:
585-1 (1) restricts the use of any medium for advertising;
585-2 (2) restricts the use of a license holder's personal
585-3 appearance or voice in an advertisement;
585-4 (3) relates to the size or duration of an
585-5 advertisement by the license holder; or
585-6 (4) restricts the license holder's advertisement under
585-7 a trade name.
585-8 (d) The following are repealed:
585-9 (1) Section 17.07, Chapter 1411, Acts of the 76th
585-10 Legislature, Regular Session, 1999; and
585-11 (2) Section 9, Chapter 1444, Acts of the 76th
585-12 Legislature, Regular Session, 1999.
585-13 SECTION 14.333. (a) Subchapter C, Chapter 602, Occupations
585-14 Code, is amended to conform to Section 17.08, Chapter 1411, Acts of
585-15 the 76th Legislature, Regular Session, 1999, by adding Section
585-16 602.105 to read as follows:
585-17 Sec. 602.105. QUALIFICATIONS AND STANDARDS OF CONDUCT
585-18 INFORMATION. The commissioner of public health or the
585-19 commissioner's designee shall provide to members of the board, as
585-20 often as necessary, information regarding the requirements for
585-21 office under this chapter, including information regarding a
585-22 person's responsibilities under applicable laws relating to
585-23 standards of conduct for state officers.
585-24 (b) Section 17.08, Chapter 1411, Acts of the 76th
585-25 Legislature, Regular Session, 1999, is repealed.
585-26 SECTION 14.334. (a) Section 602.211, Occupations Code, is
585-27 amended to conform to Section 17.09, Chapter 1411, Acts of the 76th
586-1 Legislature, Regular Session, 1999, to read as follows:
586-2 Sec. 602.211. LICENSE BY ENDORSEMENT OR RECIPROCITY. (a) On
586-3 receipt of an application and fee under Section 602.203, the board
586-4 may waive any prerequisite for obtaining [issue] a license to a
586-5 person who holds a license to practice medical or radiological
586-6 physics in another state, territory, or jurisdiction acceptable to
586-7 the board that has requirements for the licensing of medical or
586-8 radiological physicists that are substantially the same as the
586-9 requirements of this chapter.
586-10 (b) The board may waive any prerequisite for obtaining a
586-11 license to practice medical physics in this state for an applicant
586-12 who holds a license issued by another jurisdiction with which this
586-13 state has a reciprocity agreement. The board may make an agreement,
586-14 subject to the approval of the governor, with another state to
586-15 allow for licensing by reciprocity.
586-16 (b) Section 17.09, Chapter 1411, Acts of the 76th
586-17 Legislature, Regular Session, 1999, is repealed.
586-18 SECTION 14.335. (a) Subchapter E, Chapter 602, Occupations
586-19 Code, is amended to conform to Section 17.12, Chapter 1411, Acts of
586-20 the 76th Legislature, Regular Session, 1999, by adding Section
586-21 602.213 to read as follows:
586-22 Sec. 602.213. PROVISIONAL LICENSE. (a) The board may issue
586-23 a provisional license to an applicant currently licensed or
586-24 certified in another jurisdiction who seeks a license in this state
586-25 and who:
586-26 (1) has been licensed or certified in good standing as
586-27 a practitioner of medical or radiologic physics for at least two
587-1 years in another jurisdiction, including a foreign country, that
587-2 has licensing or certification requirements substantially
587-3 equivalent to the requirements of this chapter;
587-4 (2) has passed a national or other examination
587-5 recognized by the board relating to the practice of medical or
587-6 radiologic physics; and
587-7 (3) is sponsored by a person licensed by the board
587-8 under this chapter with whom the provisional license holder will
587-9 practice during the time the person holds a provisional license.
587-10 (b) The board may waive the requirement of Subsection (a)(3)
587-11 for an applicant if the board determines that compliance with that
587-12 subsection would be a hardship to the applicant.
587-13 (c) A provisional license is valid until the date the board
587-14 approves or denies the provisional license holder's application for
587-15 a license. The board shall issue a license under this chapter to
587-16 the provisional license holder if:
587-17 (1) the provisional license holder is eligible to be
587-18 certified under Section 602.211; or
587-19 (2) the provisional license holder passes the part of
587-20 the examination under Section 602.206 that relates to the
587-21 applicant's knowledge and understanding of the laws and rules
587-22 relating to the practice of medical physics in this state and:
587-23 (A) the board verifies that the provisional
587-24 license holder meets the academic and experience requirements for a
587-25 license under this chapter; and
587-26 (B) the provisional license holder satisfies any
587-27 other licensing requirements under this chapter.
588-1 (d) The board must approve or deny a provisional license
588-2 holder's application for a license not later than the 180th day
588-3 after the date the provisional license is issued. The board may
588-4 extend the 180-day period if the results of an examination have not
588-5 been received by the board before the end of that period.
588-6 (e) The board may establish a fee for provisional licenses
588-7 in an amount reasonable and necessary to cover the cost of issuing
588-8 the license.
588-9 (b) Section 17.12, Chapter 1411, Acts of the 76th
588-10 Legislature, Regular Session, 1999, is repealed.
588-11 SECTION 14.336. (a) Section 602.251, Occupations Code, is
588-12 amended to conform to Section 17.10, Chapter 1411, Acts of the 76th
588-13 Legislature, Regular Session, 1999, to read as follows:
588-14 Sec. 602.251. GROUNDS FOR LICENSE DENIAL OR DISCIPLINARY
588-15 ACTION. The board shall [may] refuse to issue or renew a license,
588-16 suspend or revoke a license, or reprimand a license holder[, or
588-17 place a license holder on probation] for:
588-18 (1) obtaining or renewing a license by means of fraud,
588-19 misrepresentation, or concealment of a material fact;
588-20 (2) having previously applied for or held a license
588-21 issued by the licensing authority of another state, territory, or
588-22 jurisdiction that was denied, suspended, or revoked by that
588-23 licensing authority;
588-24 (3) engaging in unprofessional conduct that endangered
588-25 or is likely to endanger the health, safety, or welfare of the
588-26 public as defined by board rule;
588-27 (4) violating this chapter, a lawful order or rule of
589-1 the board, or the board's code of ethics; or
589-2 (5) being convicted of:
589-3 (A) a felony; or
589-4 (B) a misdemeanor involving moral turpitude or
589-5 that directly relates to the person's duties as a licensed medical
589-6 physicist.
589-7 (b) Subchapter F, Chapter 602, Occupations Code, is amended
589-8 to conform to Section 17.10, Chapter 1411, Acts of the 76th
589-9 Legislature, Regular Session, 1999, by adding Section 602.253 to
589-10 read as follows:
589-11 Sec. 602.253. PROBATION. The board may place on probation a
589-12 person whose license is suspended. If a license suspension is
589-13 probated, the board may require the person to:
589-14 (1) report regularly to the department on matters that
589-15 are the basis of the probation;
589-16 (2) limit practice to the areas prescribed by the
589-17 board; or
589-18 (3) continue or review professional education until
589-19 the person attains a degree of skill satisfactory to the board in
589-20 those areas that are the basis of the probation.
589-21 (c) Section 17.10, Chapter 1411, Acts of the 76th
589-22 Legislature, Regular Session, 1999, is repealed.
589-23 SECTION 14.337. (a) Chapter 602, Occupations Code, is
589-24 amended to conform to Section 17.11, Chapter 1411, Acts of the 76th
589-25 Legislature, Regular Session, 1999, by adding Subchapter H to read
589-26 as follows:
589-27 SUBCHAPTER H. ADMINISTRATIVE PENALTY
590-1 Sec. 602.351. IMPOSITION OF ADMINISTRATIVE PENALTY. (a) The
590-2 board may impose an administrative penalty on a person licensed
590-3 under this chapter who violates this chapter or a rule or order
590-4 adopted under this chapter. A penalty collected under this
590-5 subchapter shall be deposited in the state treasury in the general
590-6 revenue fund.
590-7 (b) A proceeding to impose the penalty is considered to be a
590-8 contested case under Chapter 2001, Government Code.
590-9 (c) The amount of the penalty may not exceed $500 for each
590-10 violation, and each day a violation continues or occurs is a
590-11 separate violation for purposes of imposing a penalty. The total
590-12 amount of the penalty assessed for a violation continuing or
590-13 occurring on separate days under this subsection may not exceed
590-14 $2,500.
590-15 (d) The amount shall be based on:
590-16 (1) the seriousness of the violation, including the
590-17 nature, circumstances, extent, and gravity of the violation;
590-18 (2) the threat to health or safety caused by the
590-19 violation;
590-20 (3) the history of previous violations;
590-21 (4) the amount necessary to deter a future violation;
590-22 (5) whether the violator demonstrated good faith,
590-23 including, when applicable, whether the violator made good faith
590-24 efforts to correct the violation; and
590-25 (6) any other matter that justice may require.
590-26 (e) If the executive secretary determines that a violation
590-27 occurred, the executive secretary shall give written notice of the
591-1 report by certified mail to the person.
591-2 (f) The notice under Subsection (e) must:
591-3 (1) include a brief summary of the alleged violation;
591-4 (2) state the amount of the recommended penalty; and
591-5 (3) inform the person of the person's right to a
591-6 hearing on the occurrence of the violation, the amount of the
591-7 penalty, or both.
591-8 (g) Within 20 days after the date the person receives the
591-9 notice under Subsection (e), the person in writing may:
591-10 (1) accept the determination and recommended penalty
591-11 of the executive secretary; or
591-12 (2) make a request for a hearing on the occurrence of
591-13 the violation, the amount of the penalty, or both.
591-14 (h) If the person accepts the determination and recommended
591-15 penalty or if the person fails to respond to the notice, the board
591-16 by order shall approve the determination and impose the recommended
591-17 penalty.
591-18 (i) If the person requests a hearing, the board shall refer
591-19 the matter to the State Office of Administrative Hearings, which
591-20 shall promptly set a hearing date and give written notice of the
591-21 time and place of the hearing to the person. An administrative law
591-22 judge of the State Office of Administrative Hearings shall conduct
591-23 the hearing.
591-24 (j) The administrative law judge shall make findings of fact
591-25 and conclusions of law and promptly issue to the board a proposal
591-26 for a decision about the occurrence of the violation and the amount
591-27 of a proposed penalty.
592-1 (k) Based on the findings of fact, conclusions of law, and
592-2 proposal for a decision, the board by order may determine that:
592-3 (1) a violation occurred and impose a penalty; or
592-4 (2) a violation did not occur.
592-5 (l) The notice of the board's order under Subsection (k)
592-6 that is sent to the person in accordance with Chapter 2001,
592-7 Government Code, must include a statement of the right of the
592-8 person to judicial review of the order.
592-9 Sec. 602.352. PAYMENT AND COLLECTION OF ADMINISTRATIVE
592-10 PENALTY; JUDICIAL REVIEW. (a) Within 30 days after the date an
592-11 order of the board under Section 602.351(k) that imposes an
592-12 administrative penalty becomes final, the person shall:
592-13 (1) pay the penalty; or
592-14 (2) file a petition for judicial review of the board's
592-15 order contesting the occurrence of the violation, the amount of the
592-16 penalty, or both.
592-17 (b) Within the 30-day period prescribed by Subsection (a), a
592-18 person who files a petition for judicial review may:
592-19 (1) stay enforcement of the penalty by:
592-20 (A) paying the penalty to the court for
592-21 placement in an escrow account; or
592-22 (B) giving the court a supersedeas bond approved
592-23 by the court that is:
592-24 (i) for the amount of the penalty; and
592-25 (ii) effective until all judicial review
592-26 of the board's order is final; or
592-27 (2) request the court to stay enforcement of the
593-1 penalty by:
593-2 (A) filing with the court a sworn affidavit of
593-3 the person stating that the person is financially unable to pay the
593-4 penalty and is financially unable to give the supersedeas bond; and
593-5 (B) sending a copy of the affidavit to the board
593-6 by certified mail.
593-7 (c) If the board receives a copy of an affidavit under
593-8 Subsection (b)(2), the board may file with the court, within five
593-9 days after the date the copy is received, a contest to the
593-10 affidavit. The court shall hold a hearing on the facts alleged in
593-11 the affidavit as soon as practicable and shall stay the enforcement
593-12 of the penalty on finding that the alleged facts are true. The
593-13 person who files an affidavit has the burden of proving that the
593-14 person is financially unable to pay the penalty or to give a
593-15 supersedeas bond.
593-16 (d) If the person does not pay the penalty and the
593-17 enforcement of the penalty is not stayed, the penalty may be
593-18 collected. The attorney general may sue to collect the penalty.
593-19 (e) If the court sustains the determination that a violation
593-20 occurred, the court may uphold or reduce the amount of the penalty
593-21 and order the person to pay the full or reduced amount of the
593-22 penalty.
593-23 (f) If the court does not sustain the determination that a
593-24 violation occurred, the court shall order that a penalty is not
593-25 owed.
593-26 (g) If the person paid the penalty and if the amount of the
593-27 penalty is reduced or the penalty is not upheld by the court, the
594-1 court shall order, when the court's judgment becomes final, that
594-2 the appropriate amount plus accrued interest be remitted to the
594-3 person within 30 days after the date that the judgment of the court
594-4 becomes final. The interest accrues at the rate charged on loans to
594-5 depository institutions by the New York Federal Reserve Bank. The
594-6 interest shall be paid for the period beginning on the date the
594-7 penalty is paid and ending on the date the penalty is remitted.
594-8 (h) If the person gave a supersedeas bond and the penalty is
594-9 not upheld by the court, the court shall order, when the court's
594-10 judgment becomes final, the release of the bond. If the person gave
594-11 a supersedeas bond and the amount of the penalty is reduced, the
594-12 court shall order the release of the bond after the person pays the
594-13 reduced amount.
594-14 (b) Section 17.11, Chapter 1411, Acts of the 76th
594-15 Legislature, Regular Session, 1999, is repealed.
594-16 SECTION 14.338. (a) Subchapter E, Chapter 603, Occupations
594-17 Code, is amended to conform to Section 10, Chapter 1444, Acts of
594-18 the 76th Legislature, Regular Session, 1999, by adding Section
594-19 603.2041 to read as follows:
594-20 Sec. 603.2041. SUBPOENAS. (a) In an investigation of a
594-21 complaint filed with the board, the board may request that the
594-22 commissioner or the commissioner's designee approve the issuance of
594-23 a subpoena. If the request is approved, the board may issue a
594-24 subpoena to compel the attendance of a relevant witness or the
594-25 production, for inspection or copying, of relevant evidence that is
594-26 in this state.
594-27 (b) A subpoena may be served personally or by certified
595-1 mail.
595-2 (c) If a person fails to comply with a subpoena, the board,
595-3 acting through the attorney general, may file suit to enforce the
595-4 subpoena in a district court in Travis County or in the county in
595-5 which a hearing conducted by the board may be held.
595-6 (d) On finding that good cause exists for issuing the
595-7 subpoena, the court shall order the person to comply with the
595-8 subpoena. The court may punish a person who fails to obey the
595-9 court order.
595-10 (e) The board may delegate the authority granted under
595-11 Subsection (a) to the executive secretary of the board.
595-12 (f) The board shall pay a reasonable fee for photocopies
595-13 subpoenaed under this section in an amount not to exceed the amount
595-14 the board may charge for copies of its records.
595-15 (g) The reimbursement of the expenses of a witness whose
595-16 attendance is compelled under this section is governed by Section
595-17 2001.103, Government Code.
595-18 (h) All information and materials subpoenaed or compiled by
595-19 the board in connection with a complaint and investigation are
595-20 confidential and not subject to disclosure under Chapter 552,
595-21 Government Code, and not subject to disclosure, discovery,
595-22 subpoena, or other means of legal compulsion for their release to
595-23 anyone other than the board or its agents or employees involved in
595-24 discipline of the holder of a license, except that this information
595-25 may be disclosed to:
595-26 (1) persons involved with the board in a disciplinary
595-27 action against the holder of a license;
596-1 (2) professional perfusionist licensing or
596-2 disciplinary boards in other jurisdictions;
596-3 (3) peer assistance programs approved by the board
596-4 under Chapter 467, Health and Safety Code;
596-5 (4) law enforcement agencies; and
596-6 (5) persons engaged in bona fide research, if all
596-7 individual-identifying information has been deleted.
596-8 (i) The filing of formal charges by the board against a
596-9 holder of a license, the nature of those charges, disciplinary
596-10 proceedings of the board, and final disciplinary actions, including
596-11 warnings and reprimands, by the board are not confidential and are
596-12 subject to disclosure in accordance with Chapter 552, Government
596-13 Code.
596-14 (b) Section 10, Chapter 1444, Acts of the 76th Legislature,
596-15 Regular Session, 1999, is repealed.
596-16 SECTION 14.339. (a) Sections 604.052(b)-(d), Occupations
596-17 Code, are amended to conform to Section 14.01, Chapter 1411, Acts
596-18 of the 76th Legislature, Regular Session, 1999, to read as follows:
596-19 (b) [The board by rule shall establish examination
596-20 requirements for a certificate under this chapter. The board may
596-21 use the entry level examination prepared by the National Board for
596-22 Respiratory Care or an equivalent examination.]
596-23 [(c)] The board may adopt rules necessary to implement this
596-24 chapter.
596-25 (c) [(d)] The board may adopt rules relating to certifying,
596-26 examining, or disciplining a person under this chapter only if
596-27 necessary to protect the public health by ensuring that only a
597-1 qualified person practices respiratory care.
597-2 (b) Subchapter B, Chapter 604, Occupations Code, is amended
597-3 to conform to Section 14.01, Chapter 1411, Acts of the 76th
597-4 Legislature, Regular Session, 1999, by adding Section 604.057 to
597-5 read as follows:
597-6 Sec. 604.057. RULES REGARDING ADVERTISING OR COMPETITIVE
597-7 BIDDING. (a) The board may not adopt rules restricting advertising
597-8 or competitive bidding by a temporary permit or certificate holder
597-9 except to prohibit false, misleading, or deceptive practices.
597-10 (b) In its rules to prohibit false, misleading, or deceptive
597-11 practices, the board may not include a rule that:
597-12 (1) restricts the use of any medium for advertising;
597-13 (2) restricts the use of a temporary permit or
597-14 certificate holder's personal appearance or voice in an
597-15 advertisement;
597-16 (3) relates to the size or duration of an
597-17 advertisement by the temporary permit or certificate holder; or
597-18 (4) restricts the temporary permit or certificate
597-19 holder's advertisement under a trade name.
597-20 (c) Subchapter C, Chapter 604, Occupations Code, is amended
597-21 to conform to Section 14.01, Chapter 1411, Acts of the 76th
597-22 Legislature, Regular Session, 1999, by adding Sections 604.1041 and
597-23 604.1042 to read as follows:
597-24 Sec. 604.1041. EXAMINATION. The board by rule shall
597-25 establish examination requirements for a certificate under this
597-26 chapter. The board may use the entry level examination prepared by
597-27 the National Board for Respiratory Care or an equivalent
598-1 examination.
598-2 Sec. 604.1042. NOTIFICATION OF EXAMINATION RESULTS. (a) Not
598-3 later than the 30th day after the date a person takes a
598-4 certification examination under this chapter, the department shall
598-5 notify the person of the results of the examination.
598-6 (b) If the examination is graded or reviewed by a testing
598-7 service, the department shall notify the person of the results of
598-8 the examination not later than the 14th day after the date the
598-9 department receives the results from the testing service. If
598-10 notice of the examination results will be delayed for longer than
598-11 90 days after the examination date, the department shall notify the
598-12 person of the reason for the delay before the 90th day.
598-13 (c) The department may require a testing service to notify a
598-14 person of the results of the person's examination.
598-15 (d) If requested in writing by a person who fails a
598-16 certification examination administered under this chapter, the
598-17 department shall furnish the person with an analysis of the
598-18 person's performance on the examination.
598-19 (d) Section 14.01, Chapter 1411, Acts of the 76th
598-20 Legislature, Regular Session, 1999, is repealed.
598-21 SECTION 14.340. (a) Section 604.108, Occupations Code, is
598-22 amended to conform to Section 14.02, Chapter 1411, Acts of the 76th
598-23 Legislature, Regular Session, 1999, to read as follows:
598-24 Sec. 604.108. ISSUANCE OF TEMPORARY PERMIT; RENEWAL. (a)
598-25 The department shall issue a temporary permit to an applicant who
598-26 meets the requirements of Sections 604.103 and 604.107 and pays the
598-27 permit fee.
599-1 (b) A temporary permit is valid for the period set by board
599-2 rule. The period may not be less than six months or more than 12
599-3 months.
599-4 (c) A person whose certificate or temporary permit has
599-5 expired may not engage in activities that require a certificate or
599-6 temporary permit until the certificate or temporary permit has been
599-7 renewed.
599-8 (b) Subchapter D, Chapter 604, Occupations Code, is amended
599-9 to conform to Section 14.02, Chapter 1411, Acts of the 76th
599-10 Legislature, Regular Session, 1999, by adding Sections 604.1521 and
599-11 604.1522 to read as follows:
599-12 Sec. 604.1521. PROCEDURE FOR RENEWAL. (a) A person whose
599-13 certificate has been expired for 90 days or less may renew the
599-14 certificate by paying to the department a renewal fee that is equal
599-15 to 1-1/2 times the normally required renewal fee.
599-16 (b) A person whose certificate has been expired for more
599-17 than 90 days but less than one year may renew the certificate by
599-18 paying to the department a renewal fee that is equal to two times
599-19 the normally required renewal fee.
599-20 (c) A person whose certificate has been expired for one year
599-21 or more may not renew the certificate. The person may obtain a new
599-22 certificate by complying with the requirements and procedures,
599-23 including the examination requirements, for obtaining an original
599-24 certificate.
599-25 Sec. 604.1522. RENEWAL OF CERTIFICATE BY OUT-OF-STATE
599-26 PRACTITIONER. (a) A person who was certified in this state, moved
599-27 to another state, and is currently certified and has been in
600-1 practice in the other state for the two years preceding the date of
600-2 application may obtain a new certificate without reexamination.
600-3 (b) The person must pay to the department a fee that is
600-4 equal to two times the normally required renewal fee for the
600-5 certificate.
600-6 (c) Section 604.155, Occupations Code, is repealed to
600-7 conform to Section 14.02, Chapter 1411, Acts of the 76th
600-8 Legislature, Regular Session, 1999.
600-9 (d) Section 14.02, Chapter 1411, Acts of the 76th
600-10 Legislature, Regular Session, 1999, is repealed.
600-11 SECTION 14.341. (a) Section 604.151, Occupations Code, is
600-12 amended to conform to Section 14.03, Chapter 1411, Acts of the 76th
600-13 Legislature, Regular Session, 1999, to read as follows:
600-14 Sec. 604.151. ANNUAL OR BIENNIAL CERTIFICATE RENEWAL.
600-15 (a) Except as otherwise provided by this subchapter, a certificate
600-16 to practice respiratory care must be renewed annually or biennially
600-17 as determined by the board.
600-18 (b) The board by rule may adopt a system under which
600-19 certificates expire on various dates during the year. For the year
600-20 in which the certificate expiration date is changed, the department
600-21 shall prorate certificate fees on a monthly basis so that each
600-22 certificate holder pays only that portion of the certificate fee
600-23 that is allocable to the number of months during which the
600-24 certificate is valid. On renewal of the certificate on the new
600-25 expiration date, the total certificate renewal fee is payable.
600-26 (b) Section 14.03, Chapter 1411, Acts of the 76th
600-27 Legislature, Regular Session, 1999, is repealed.
601-1 SECTION 14.342. (a) Section 605.106, Occupations Code, is
601-2 amended to conform to Section 10, Chapter 20, Acts of the 76th
601-3 Legislature, Regular Session, 1999, to read as follows:
601-4 Sec. 605.106. RECORDS AND REGISTER. (a) The executive
601-5 director shall keep a record of each board meeting and maintain a
601-6 register containing the name of each person holding a license under
601-7 this chapter. The record and register shall be open at all times
601-8 to public inspection.
601-9 (b) [On March 1 of each year, the executive director shall
601-10 send an official copy of the register of license holders to the
601-11 secretary of state to be maintained as a permanent record.]
601-12 [(c)] A certified copy of the register is admissible as
601-13 evidence in any court of this state.
601-14 (b) Section 10, Chapter 20, Acts of the 76th Legislature,
601-15 Regular Session, 1999, is repealed.
601-16 SECTION 14.343. (a) Section 605.151, Occupations Code, is
601-17 amended to conform to Section 13, Chapter 1444, Acts of the 76th
601-18 Legislature, Regular Session, 1999, to read as follows:
601-19 Sec. 605.151. GENERAL POWERS OF BOARD. The board may:
601-20 (1) investigate complaints;
601-21 (2) issue, suspend, deny, and revoke licenses;
601-22 (3) reprimand license holders and place license
601-23 holders on probation;
601-24 (4) in connection with a hearing under Section
601-25 605.353, issue subpoenas;
601-26 (5) hold hearings; and
601-27 (6) use personnel, facilities, furniture, equipment,
602-1 and other items supplied by the department to administer this
602-2 chapter.
602-3 (b) Section 13, Chapter 1444, Acts of the 76th Legislature,
602-4 Regular Session, 1999, is repealed.
602-5 SECTION 14.344. (a) Subchapter E, Chapter 605, Occupations
602-6 Code, is amended to conform to Section 14, Chapter 1444, Acts of
602-7 the 76th Legislature, Regular Session, 1999, by adding Section
602-8 605.2021 to read as follows:
602-9 Sec. 605.2021. SUBPOENAS. (a) In an investigation of a
602-10 complaint filed with the board, the board may request that the
602-11 commissioner or the commissioner's designee approve the issuance of
602-12 a subpoena. If the request is approved, the board may issue a
602-13 subpoena to compel the attendance of a relevant witness or the
602-14 production, for inspection or copying, of relevant evidence that is
602-15 in this state.
602-16 (b) A subpoena may be served personally or by certified
602-17 mail.
602-18 (c) If a person fails to comply with a subpoena, the board,
602-19 acting through the attorney general, may file suit to enforce the
602-20 subpoena in a district court in Travis County or in the county in
602-21 which a hearing conducted by the board may be held.
602-22 (d) On finding that good cause exists for issuing the
602-23 subpoena, the court shall order the person to comply with the
602-24 subpoena. The court may punish a person who fails to obey the
602-25 court order.
602-26 (e) The board may delegate the authority granted under
602-27 Subsection (a) to the executive director of the board.
603-1 (f) The board shall pay a reasonable fee for photocopies
603-2 subpoenaed under this section in an amount not to exceed the amount
603-3 the board may charge for copies of its records.
603-4 (g) The reimbursement of the expenses of a witness whose
603-5 attendance is compelled under this section is governed by Section
603-6 2001.103, Government Code.
603-7 (h) All information and materials subpoenaed or compiled by
603-8 the board in connection with a complaint and investigation are
603-9 confidential and not subject to disclosure under Chapter 552,
603-10 Government Code, and not subject to disclosure, discovery,
603-11 subpoena, or other means of legal compulsion for their release to
603-12 anyone other than the board or its employees or agents involved in
603-13 discipline of the holder of a license, except that this information
603-14 may be disclosed to:
603-15 (1) persons involved with the board in a disciplinary
603-16 action against the holder of a license;
603-17 (2) professional orthotist or prosthetist disciplinary
603-18 boards in other jurisdictions;
603-19 (3) peer assistance programs approved by the board
603-20 under Chapter 467, Health and Safety Code;
603-21 (4) law enforcement agencies; and
603-22 (5) persons engaged in bona fide research, if all
603-23 individual-identifying information has been deleted.
603-24 (i) The filing of formal charges by the board against a
603-25 holder of a license, the nature of those charges, disciplinary
603-26 proceedings of the board, and final disciplinary actions, including
603-27 warnings and reprimands, by the board are not confidential and are
604-1 subject to disclosure in accordance with Chapter 552, Government
604-2 Code.
604-3 (b) Section 14, Chapter 1444, Acts of the 76th Legislature,
604-4 Regular Session, 1999, is repealed.
604-5 PART 13. CHANGES RELATING TO SUBTITLE L, TITLE 3,
604-6 OCCUPATIONS CODE
604-7 SECTION 14.371. (a) Section 651.002, Occupations Code, is
604-8 amended to conform to Section 1, Chapter 1201, Acts of the 76th
604-9 Legislature, Regular Session, 1999, to read as follows:
604-10 Sec. 651.002. APPLICATION OF SUNSET ACT. The Texas Funeral
604-11 Service Commission is subject to Chapter 325, Government Code
604-12 (Texas Sunset Act). Unless continued in existence as provided by
604-13 that chapter, the commission is abolished and this chapter expires
604-14 September 1, 2001 [2003].
604-15 (b) Section 1, Chapter 1201, Acts of the 76th Legislature,
604-16 Regular Session, 1999, is repealed.
604-17 SECTION 14.372. (a) Section 651.051(a), Occupations Code, is
604-18 amended to conform to Section 2, Chapter 1476, Acts of the 76th
604-19 Legislature, Regular Session, 1999, to read as follows:
604-20 (a) The Texas Funeral Service Commission consists of six
604-21 [nine] members appointed by the governor, with the advice and
604-22 consent of the senate as follows:
604-23 (1) two [three] members who are licensed as both an
604-24 embalmer and a funeral director [embalmers with embalming
604-25 experience] in this state for at least the five years preceding
604-26 appointment to the commission; and
604-27 (2) four [one member who is an embalmer or a funeral
605-1 director with experience embalming or funeral directing, as
605-2 applicable, in this state for at least the five years preceding
605-3 appointment to the commission; and]
605-4 [(3) five] members who represent the public and who:
605-5 (A) are not regulated under this chapter; and
605-6 (B) have consistently shown an interest in
605-7 supporting consumer protection.
605-8 (b) Section 2, Chapter 1476, Acts of the 76th Legislature,
605-9 Regular Session, 1999, is repealed.
605-10 SECTION 14.373. (a) Section 651.053, Occupations Code, is
605-11 amended to conform to Sections 5 and 6, Chapter 1476, Acts of the
605-12 76th Legislature, Regular Session, 1999, by amending Subsection (f)
605-13 and adding Subsection (g) to read as follows:
605-14 (f) A violation of Subsection (e) that occurs after a member
605-15 is appointed constitutes a vacancy of each of those members'
605-16 positions, as of the date of the completion of the merger or other
605-17 agreement. The vacancy shall be filled by the governor as soon as
605-18 practicable. A member appointed to fill a vacancy under this
605-19 subsection serves for the remainder of the vacated term.
605-20 (g) A person may not serve as a member of the commission [or
605-21 act as the general counsel to the commission] if the person is
605-22 required to register as a lobbyist under Chapter 305, Government
605-23 Code, because of the person's activities for compensation on behalf
605-24 of a profession related to the operation of the commission.
605-25 (b) Sections 5 and 6, Chapter 1476, Acts of the 76th
605-26 Legislature, Regular Session, 1999, are repealed.
605-27 SECTION 14.374. (a) Section 651.054(a), Occupations Code, is
606-1 amended to conform to Section 3, Chapter 1476, Acts of the 76th
606-2 Legislature, Regular Session, 1999, to read as follows:
606-3 (a) Members of the commission serve staggered six-year
606-4 terms, with the terms of one-third of the members expiring in each
606-5 odd-numbered year. A member may not be appointed for more than one
606-6 full term, except that a member appointed to fill an unexpired term
606-7 with less than three years remaining in the unexpired term may be
606-8 reappointed to the commission for one full term.
606-9 (b) Section 3, Chapter 1476, Acts of the 76th Legislature,
606-10 Regular Session, 1999, is repealed.
606-11 SECTION 14.375. (a) Sections 651.057(a) and (b), Occupations
606-12 Code, are amended to conform to Section 7, Chapter 1476, Acts of
606-13 the 76th Legislature, Regular Session, 1999, to read as follows:
606-14 (a) The governor shall designate one public member of the
606-15 commission [commissioner] as the presiding officer of the
606-16 commission to serve in that capacity at the pleasure of the
606-17 governor.
606-18 (b) After 30 days' written notice is given to the
606-19 commissioners, the commission shall elect from its public members
606-20 an assistant presiding officer [and secretary]. The assistant
606-21 presiding officer serves [and the secretary serve] in that capacity
606-22 for one year.
606-23 (b) Section 7, Chapter 1476, Acts of the 76th Legislature,
606-24 Regular Session, 1999, is repealed.
606-25 SECTION 14.376. (a) Section 651.059, Occupations Code, is
606-26 amended to conform to Sections 10, 12, and 27, Chapter 1476, Acts
606-27 of the 76th Legislature, Regular Session, 1999, to read as follows:
607-1 Sec. 651.059. MEETINGS; NOTICE. (a) The commission shall
607-2 meet in regular session in Austin at least once [twice] each
607-3 calendar quarter [year] to transact business.
607-4 (b) The commission may hold a special meeting or hearing on
607-5 the call of the presiding officer, assistant presiding officer, or
607-6 three members [commissioners]. The person calling the special
607-7 meeting or hearing shall determine the time and place of the
607-8 meeting or hearing.
607-9 (c) Notice of the time, place, and purpose of a regular
607-10 meeting of the commission must be filed with the Texas Register at
607-11 least seven days before the date of the meeting. All meetings,
607-12 including meetings of the committees of the members, are open and
607-13 public.
607-14 (d) The commission's duties under Chapter 551, Government
607-15 Code, include the requirement under Sections 551.021 and 551.022 of
607-16 that code to prepare and maintain the minutes of each open meeting.
607-17 (b) Section 651.204, Occupations Code, is amended to conform
607-18 to Section 10, Chapter 1476, Acts of the 76th Legislature, Regular
607-19 Session, 1999, by adding Subsection (c) to read as follows:
607-20 (c) A member of the public is not required to provide notice
607-21 to the commission before appearing and speaking before the
607-22 commission.
607-23 (c) Sections 10, 12, and 27, Chapter 1476, Acts of the 76th
607-24 Legislature, Regular Session, 1999, are repealed.
607-25 SECTION 14.377. (a) Subchapter B, Chapter 651, Occupations
607-26 Code, is amended to conform to Section 9, Chapter 1476, Acts of the
607-27 76th Legislature, Regular Session, 1999, by adding Section 651.060
608-1 to read as follows:
608-2 Sec. 651.060. LEGAL REPRESENTATION. (a) The attorney general
608-3 shall designate at least one employee of the attorney general's
608-4 office to advise the commission and to represent the commission in
608-5 legal proceedings.
608-6 (b) The commission may not employ legal counsel except as
608-7 provided by Section 402.0212, Government Code.
608-8 (b) Section 651.101, Occupations Code, is amended to conform
608-9 to Section 9, Chapter 1476, Acts of the 76th Legislature, Regular
608-10 Session, 1999, by amending Subsection (a) and adding Subsection (c)
608-11 to read as follows:
608-12 (a) The commission shall [may] employ and supervise an
608-13 executive director [as determined by the commission] to manage the
608-14 administrative affairs of the commission under [be necessary to
608-15 administer] this chapter. The commission shall determine the terms
608-16 and conditions [expenses] of the executive director's employment
608-17 and set the executive director's salary at an amount not to exceed
608-18 the maximum salary for the position as set in the General
608-19 Appropriations Act. In the absence of an executive director, the
608-20 commission may appoint an acting executive director.
608-21 (c) The commission may delegate the commissioners' duties to
608-22 the executive director.
608-23 (c) Section 651.102, Occupations Code, is amended to conform
608-24 to Section 9, Chapter 1476, Acts of the 76th Legislature, Regular
608-25 Session, 1999, to read as follows:
608-26 Sec. 651.102. PERSONNEL. The commission may employ
608-27 inspectors and[,] clerical and technical assistants[, and legal
609-1 counsel, other than the attorney general,] as the commission
609-2 determines to be necessary to administer this chapter. The
609-3 commission shall determine the terms and expenses of its employees.
609-4 (d) Section 9, Chapter 1476, Acts of the 76th Legislature,
609-5 Regular Session, 1999, is repealed.
609-6 SECTION 14.378. (a) Section 651.103, Occupations Code, is
609-7 amended to conform to Section 22, Chapter 1476, Acts of the 76th
609-8 Legislature, Regular Session, 1999, to read as follows:
609-9 Sec. 651.103. INVESTIGATORS. [(a)] The commission shall
609-10 employ [or contract for the services of] one or more persons to
609-11 investigate complaints received by the commission, including
609-12 consumer interest complaints.
609-13 [(b) An employee of the commission who serves as an
609-14 investigator must:]
609-15 [(1) hold a private investigator license in this
609-16 state;]
609-17 [(2) have previously held a license as a private
609-18 investigator under state or federal law; or]
609-19 [(3) have previously been employed by a local, state,
609-20 or federal law enforcement agency as an investigator.]
609-21 [(c) A person serving as an investigator in a contractual
609-22 capacity must hold a private investigator license in this state.]
609-23 [(d) A person subject to regulation under this chapter may
609-24 not serve as an investigator for the commission.]
609-25 (b) Section 651.203(b), Occupations Code, is amended to
609-26 conform to Section 22, Chapter 1476, Acts of the 76th Legislature,
609-27 Regular Session, 1999, to read as follows:
610-1 (b) Information in a file maintained under this section,
610-2 other than information relating to a [obtained by the commission
610-3 after investigating the] complaint that has not reached a final
610-4 disposition, is public information. [Information obtained after
610-5 investigating the complaint is not public information.]
610-6 (c) Section 22, Chapter 1476, Acts of the 76th Legislature,
610-7 Regular Session, 1999, is repealed.
610-8 SECTION 14.379. (a) Section 651.106, Occupations Code, is
610-9 amended to conform to Section 15, Chapter 1476, Acts of the 76th
610-10 Legislature, Regular Session, 1999, by adding Subsection (c) to
610-11 read as follows:
610-12 (c) The programs required under Subsections (a) and (b) must
610-13 cover an annual period, be updated at least annually, and be filed
610-14 with the governor.
610-15 (b) Section 15, Chapter 1476, Acts of the 76th Legislature,
610-16 Regular Session, 1999, is repealed.
610-17 SECTION 14.380. (a) Section 651.156, Occupations Code, is
610-18 amended to conform to Section 11, Chapter 1476, Acts of the 76th
610-19 Legislature, Regular Session, 1999, to read as follows:
610-20 Sec. 651.156. SUBPOENA. (a) The commission may issue[, or
610-21 may delegate to the executive director the power to issue,] a
610-22 subpoena or subpoena duces tecum.
610-23 (b) The subpoena or subpoena duces tecum must be served by
610-24 personal service or certified mail, return receipt requested.
610-25 (c) The commission by rule shall establish standards that
610-26 enable the executive director to issue subpoenas and subpoenas
610-27 duces tecum in connection with a complaint under investigation by
611-1 the commission.
611-2 (b) Section 11, Chapter 1476, Acts of the 76th Legislature,
611-3 Regular Session, 1999, is repealed.
611-4 SECTION 14.381. (a) Section 651.161, Occupations Code, is
611-5 amended to conform to Section 7, Chapter 20, Acts of the 76th
611-6 Legislature, Regular Session, 1999, to read as follows:
611-7 Sec. 651.161. REGISTER. (a) The commission shall file
611-8 annually with the governor a list of the names of all funeral
611-9 directors, embalmers, and licensed funeral establishments. [The
611-10 commission shall file a copy of the list with the secretary of
611-11 state for permanent record.]
611-12 (b) A certified copy of the list[, certified by the
611-13 secretary of state and under the state seal,] is admissible as
611-14 evidence in all courts.
611-15 (b) Section 7, Chapter 20, Acts of the 76th Legislature,
611-16 Regular Session, 1999, is repealed.
611-17 SECTION 14.382. (a) Section 651.162, Occupations Code, is
611-18 amended to conform to Section 8, Chapter 1476, Acts of the 76th
611-19 Legislature, Regular Session, 1999, by adding Subsection (c) to
611-20 read as follows:
611-21 (c) The commission shall file annually with the governor a
611-22 report on the commission's compliance with Sections 651.104,
611-23 651.105, and 651.204(b).
611-24 (b) Section 8, Chapter 1476, Acts of the 76th Legislature,
611-25 Regular Session, 1999, is repealed.
611-26 SECTION 14.383. (a) Subchapter D, Chapter 651, Occupations
611-27 Code, is amended to conform to Section 13, Chapter 1476, Acts of
612-1 the 76th Legislature, Regular Session, 1999, by adding Section
612-2 651.163 to read as follows:
612-3 Sec. 651.163. REQUEST FOR ATTORNEY GENERAL'S OPINION. A
612-4 request for an opinion under Subchapter C, Chapter 402, Government
612-5 Code, must be approved by the commissioners.
612-6 (b) Section 13, Chapter 1476, Acts of the 76th Legislature,
612-7 Regular Session, 1999, is repealed.
612-8 SECTION 14.384. (a) Section 651.259, Occupations Code, is
612-9 amended to conform to Section 16, Chapter 1476, Acts of the 76th
612-10 Legislature, Regular Session, 1999, to read as follows:
612-11 Sec. 651.259. APPLICATION BY OUT-OF-STATE [RECIPROCAL]
612-12 LICENSE HOLDER. (a) The commission shall [may] waive any
612-13 requirement for a funeral director's license or an embalmer's
612-14 license for an applicant who holds a license issued by another
612-15 state, country, or territory that has license requirements
612-16 substantially equivalent to the requirements of this state and who
612-17 meets the requirements of this section. The commission may waive
612-18 any license requirement for an applicant who holds a license issued
612-19 by another state that does not have license requirements
612-20 substantially equivalent to those of this state and who meets the
612-21 requirements of this section. The applicant shall pay a
612-22 [reciprocal] license fee in an amount set by the commission.
612-23 (b) Any applicant for a [reciprocal] license under this
612-24 section shall file a sworn application that includes:
612-25 (1) a statement that:
612-26 (A) the applicant is the person to whom the
612-27 license was issued;
613-1 (B) no proceeding has been instituted against
613-2 the applicant for the cancellation, suspension, or revocation of
613-3 the license in the state, country, or territory that issued the
613-4 license; and
613-5 (C) no prosecution is pending against the
613-6 applicant in a state or federal court for an offense that, under
613-7 the laws of this state, is a felony, or is a misdemeanor related to
613-8 the practice of embalming or funeral directing; and
613-9 (2) an affidavit of a person described by Subsection
613-10 (c) verifying that:
613-11 (A) the accompanying license has not been
613-12 canceled, suspended, or revoked; and
613-13 (B) the statement of the qualifications made in
613-14 the application for licensure in this state is correct.
613-15 (c) The affidavit must be made by:
613-16 (1) the presiding officer or secretary of the
613-17 governmental entity that issued the license; or
613-18 (2) a registration officer of the state, country, or
613-19 territory that issued the license.
613-20 (d) The applicant must affirm in the statement that the
613-21 license under which the applicant practiced as a funeral director
613-22 or embalmer in the state, country, or territory from which the
613-23 applicant moved was, at the time the applicant left, in effect.
613-24 (e) The commission shall conduct a criminal background check
613-25 on each applicant. An applicant is not eligible for a license under
613-26 this section if the applicant has, in the 10 years preceding the
613-27 date of the application, been finally convicted of a misdemeanor
614-1 involving moral turpitude or a felony.
614-2 (f) An applicant for a license under this section must:
614-3 (1) provide proof that:
614-4 (A) the license is in good standing;
614-5 (B) the applicant has practiced under the
614-6 license for at least:
614-7 (i) one year in the state that issued the
614-8 license if that state has license requirements substantially
614-9 equivalent to those of this state; or
614-10 (ii) five years in the state that issued
614-11 the license if that state does not have license requirements
614-12 substantially equivalent to those of this state; and
614-13 (C) the applicant has graduated from an
614-14 accredited college of mortuary science; and
614-15 (2) pass a written examination of not more than 50
614-16 questions on applicable state laws and commission rules.
614-17 (g) The commission shall conduct the examination under
614-18 Subsection (f)(2) at each regularly scheduled meeting of the
614-19 commission.
614-20 (b) Section 16, Chapter 1476, Acts of the 76th Legislature,
614-21 Regular Session, 1999, is repealed.
614-22 SECTION 14.385. (a) Section 651.351, Occupations Code, is
614-23 amended to conform to Section 1, Chapter 921, Acts of the 76th
614-24 Legislature, Regular Session, 1999, and Section 19, Chapter 1476,
614-25 Acts of the 76th Legislature, Regular Session, 1999, by amending
614-26 Subsections (d) and (f) and adding Subsections (g) and (h) to read
614-27 as follows:
615-1 (d) A funeral establishment must:
615-2 (1) meet the building, fire safety, and health
615-3 standards and health ordinances of this state and of the
615-4 municipality in which the establishment is located;
615-5 (2) be located at a fixed place that is not tax-exempt
615-6 property or a cemetery;
615-7 (3) include facilities in which funeral services may
615-8 be conducted;
615-9 (4) have access to rolling stock consisting of at
615-10 least one motor hearse;
615-11 (5) include a preparation room containing[:]
615-12 [(A)] the facilities, equipment, and supplies
615-13 required by commission rule to ensure the provision of adequate
615-14 embalming services; [and]
615-15 (6) include [(B)] other facilities as necessary to
615-16 comply with the sanitary codes of this state and of the
615-17 municipality in which the room is located; and
615-18 (7) [(6)] include a display containing sufficient
615-19 merchandise to permit reasonable selection, including at least five
615-20 adult caskets, two of which must be full-size.
615-21 (f) The least expensive casket [offered for sale by a
615-22 funeral establishment must be visibly] displayed under Subsection
615-23 (d)(7) must be a full-size casket displayed [without concealment
615-24 and] in the same general manner as the other full-size caskets are
615-25 displayed.
615-26 (g) The commission may exempt a funeral establishment from
615-27 the requirements of Subsection (d)(5) if:
616-1 (1) the majority owner or designated agent of record
616-2 of a funeral establishment submits a written petition to the
616-3 commission requesting an exemption and stating:
616-4 (A) the establishment's name and address;
616-5 (B) that the establishment is located within 50
616-6 miles of a facility owned by the establishment requesting the
616-7 exemption and at which embalming services may be performed; and
616-8 (C) that no embalming services will be performed
616-9 at the establishment; and
616-10 (2) the commission determines that the criteria in
616-11 Subdivision (1) have been met.
616-12 (h) The executive director shall notify the petitioner of
616-13 the commission's decision. The exemption remains in effect until:
616-14 (1) the establishment is no longer located within 50
616-15 miles of a facility owned by the exempt establishment or at which
616-16 embalming services may be performed; or
616-17 (2) an embalming service has been performed at the
616-18 establishment.
616-19 (b) Section 651.352, Occupations Code, is amended to conform
616-20 to Section 19, Chapter 1476, Acts of the 76th Legislature, Regular
616-21 Session, 1999, by adding Subsection (d) to read as follows:
616-22 (d) An embalming service, whether provided at a funeral
616-23 establishment or other embalming facility licensed under this
616-24 chapter, must comply with this chapter or a rule adopted under this
616-25 chapter.
616-26 (c) Section 651.460(a), Occupations Code, is amended to
616-27 conform to Section 17, Chapter 1476, Acts of the 76th Legislature,
617-1 Regular Session, 1999, to read as follows:
617-2 (a) A person violates this chapter if the person:
617-3 (1) arranges for funeral services or merchandise and
617-4 fails to provide a customer with a purchase agreement as required
617-5 by Section 651.406;
617-6 (2) fails to retain and make available to the
617-7 commission, on request, copies of all price lists, written notices,
617-8 embalming documents, and memoranda of agreement required by this
617-9 chapter for two years after the date of distribution or signing;
617-10 (3) violates this chapter, a rule adopted under this
617-11 chapter, an order by the commission revoking, suspending, or
617-12 probating a license, an order assessing an administrative penalty,
617-13 or an agreement to pay an administrative penalty [regardless of
617-14 whether the agreement is express or implied by Section 651.554];
617-15 (4) allows the use of a dead human body by an
617-16 embalming establishment for research or educational purposes
617-17 without complying with Section 651.407; or
617-18 (5) is associated with a funeral establishment,
617-19 whether as an employee, agent, subcontractor, assignee, owner, or
617-20 otherwise, and fails to comply with this chapter or a rule adopted
617-21 under this chapter.
617-22 (d) Section 651.502(a), Occupations Code, is amended to
617-23 conform to Sections 17 and 19, Chapter 1476, Acts of the 76th
617-24 Legislature, Regular Session, 1999, to read as follows:
617-25 (a) The commission may, before [without] a hearing or a
617-26 waiver of a right to a hearing, refuse to issue:
617-27 (1) a license or provisional license to a person who
618-1 has violated this chapter or a rule adopted under this chapter; or
618-2 (2) an establishment license to an individual,
618-3 partnership, or corporation if the individual, a partner, or an
618-4 officer or director of the corporation:
618-5 (A) has violated this chapter or a rule adopted
618-6 under this chapter;
618-7 (B) previously held an establishment license
618-8 that was suspended or revoked; or
618-9 (C) attempts to avoid a revocation, suspension,
618-10 or license refusal by subterfuge or other evasive means.
618-11 (e) The following are repealed:
618-12 (1) Section 1, Chapter 921, Acts of the 76th
618-13 Legislature, Regular Session, 1999;
618-14 (2) Section 17, Chapter 1476, Acts of the 76th
618-15 Legislature, Regular Session, 1999; and
618-16 (3) Section 19, Chapter 1476, Acts of the 76th
618-17 Legislature, Regular Session, 1999.
618-18 SECTION 14.386. (a) Sections 651.401(b)-(e), Occupations
618-19 Code, are amended to conform to Section 1, Chapter 1476, Acts of
618-20 the 76th Legislature, Regular Session, 1999, to read as follows:
618-21 (b) A [person other than a funeral director may transfer a]
618-22 dead human body may be transferred without a funeral director
618-23 personally making the transfer:
618-24 (1) from one funeral establishment to another;
618-25 (2) [and] from a funeral establishment to and from a
618-26 morgue in which an autopsy is performed;
618-27 (3) to and from an airport, crematory, or both; or
619-1 (4)[.]
619-2 [(c) An unlicensed person may pick up or transfer a dead
619-3 human body without the personal supervision of a funeral director
619-4 or embalmer] in circumstances in which there is no reasonable
619-5 probability that an [the] unlicensed person will encounter a family
619-6 member or other person with whom funeral arrangements are normally
619-7 made by a funeral director or embalmer.
619-8 (c) [(d)] If an unlicensed person inadvertently encounters a
619-9 family member or other person with whom funeral arrangements are
619-10 normally made, the unlicensed person shall restrict communication
619-11 with the family member or other person to:
619-12 (1) identifying the unlicensed person's employer;
619-13 (2) arranging an appointment with the unlicensed
619-14 person's employer for a family member or other person who indicates
619-15 a desire to make funeral arrangements for the deceased; and
619-16 (3) making any disclosure to the family member or
619-17 other person that is required by federal or state law or
619-18 regulation.
619-19 (d) [(e)] A funeral director or embalmer who directs the
619-20 removal or transfer of a dead human body without personally
619-21 supervising the transfer is strictly accountable for compliance
619-22 with the requirements of first call as provided by this section.
619-23 (b) Section 1, Chapter 1476, Acts of the 76th Legislature,
619-24 Regular Session, 1999, is repealed.
619-25 SECTION 14.387. (a) Section 651.504, Occupations Code, is
619-26 amended to conform to Section 25, Chapter 1476, Acts of the 76th
619-27 Legislature, Regular Session, 1999, to read as follows:
620-1 Sec. 651.504. REPRIMAND. [(a)] The commission may, after a
620-2 hearing as provided by [this section or] Section 651.506 or without
620-3 a hearing if the person waives a hearing, reprimand a person
620-4 regulated under this chapter if the commission determines that the
620-5 person violated this chapter or a rule adopted under this chapter.
620-6 [(b) If, after examining a possible violation and the facts
620-7 relating to that violation, the commission concludes that a
620-8 violation has occurred, the commission may issue a preliminary
620-9 report that states the facts on which the conclusion is based and
620-10 that a reprimand is to be issued. If the reprimand is to be issued
620-11 in addition to the assessment of an administrative penalty under
620-12 Subchapter L, the preliminary report required by this section may
620-13 be combined with the preliminary report required by Section
620-14 651.553. Not later than the 10th day after the date the
620-15 preliminary report is issued, the commission shall send a copy of
620-16 the report to the person charged with the violation, with a
620-17 statement of the right of the person to a hearing relating to the
620-18 alleged violation.]
620-19 [(c) Not later than the 30th day after the date on which the
620-20 preliminary report is sent, the person charged may request in
620-21 writing a hearing. Failure to request a hearing within the time
620-22 provided by this subsection waives the right to a hearing. If the
620-23 right to a hearing is waived, the commission shall issue the
620-24 reprimand and place a copy of the reprimand in the permanent
620-25 records of the commission. If the person charged requests a
620-26 hearing, the hearing shall be conducted in the manner provided by
620-27 Section 651.506. If, after the hearing, the commission determines
621-1 that the person committed the alleged violation, the commission, in
621-2 addition to or instead of the issuance of a reprimand, may take any
621-3 action authorized by this chapter.]
621-4 (b) Section 25, Chapter 1476, Acts of the 76th Legislature,
621-5 Regular Session, 1999, is repealed.
621-6 SECTION 14.388. (a) Section 651.506, Occupations Code, is
621-7 amended to conform to Sections 4 and 21, Chapter 1476, Acts of the
621-8 76th Legislature, Regular Session, 1999, to read as follows:
621-9 Sec. 651.506. DISCIPLINARY PROCEEDINGS; HEARING PROCEEDINGS.
621-10 (a) A proceeding conducted by the commission relating to the
621-11 denial of a license or provisional license, the suspension or
621-12 revocation of a license, the issuance of a reprimand, or the
621-13 imposition of an administrative penalty assessed after a hearing as
621-14 provided by Section 651.551 and judicial review of the proceeding
621-15 are governed by Chapter 2001, Government Code.
621-16 (b) A proceeding brought under Subsection (a) shall [may] be
621-17 held before an administrative law judge employed by the State
621-18 Office of Administrative Hearings [a hearings officer. The
621-19 executive director shall set a time and place for the hearing].
621-20 (c) [The hearings officer must be an attorney licensed in
621-21 this state.] In the course of a proceeding, the administrative law
621-22 judge [hearings officer] may:
621-23 (1) administer an oath;
621-24 (2) take testimony;
621-25 (3) rule on a question of evidence;
621-26 (4) make a determination of fact; or
621-27 (5) order compliance with a proper discovery request.
622-1 (d) The commission shall provide the administrative law
622-2 judge [hearings officer] with a written statement of all commission
622-3 rules or policies that govern the proceeding.
622-4 (e) At the conclusion of the proceeding, the administrative
622-5 law judge [hearings officer] shall make a ruling on the matter
622-6 accompanied by written findings of fact and conclusions of law.
622-7 (f) The commission shall review the findings of fact,
622-8 conclusions of law, and ruling of the administrative law judge
622-9 [hearings officer] before making its final ruling in the
622-10 proceeding. The commission may also review a transcript of the
622-11 proceeding before making its final ruling. The commission shall
622-12 adopt the ruling of the administrative law judge [hearings officer]
622-13 as its ruling unless it finds good cause to issue a different
622-14 ruling. The commission shall explain in writing the reasons for
622-15 adopting a ruling other than the one issued by the administrative
622-16 law judge [hearings officer].
622-17 (g) The commission shall inform each interested person,
622-18 including a person filing the complaint, of the right to obtain at
622-19 that person's cost a tape or transcript of a hearing or proceeding
622-20 under this section.
622-21 (h) A member or agent of the commission who carries out the
622-22 functions of the commission and is assigned to make a decision,
622-23 finding of fact, or conclusion of law in a proceeding pending
622-24 before the commission may not communicate directly or indirectly
622-25 with a party to the proceeding or a party's representative unless
622-26 notice and an opportunity to participate is given to all parties to
622-27 the proceeding.
623-1 (i) Before a hearing is conducted, two commissioners may
623-2 participate in an informal conference relating to a matter to be
623-3 considered in the hearing under this section. One of the two
623-4 commissioners must hold [be] a license as both a [licensed] funeral
623-5 director and [or] embalmer, and one must be a public member of the
623-6 commission.
623-7 (j) A commissioner who has a personal or private interest,
623-8 or is employed by an entity with a personal or private interest, in
623-9 a measure, proposal, or decision pending before the commission may
623-10 not vote or participate in an informal conference under Subsection
623-11 (i) relating to that interest as provided by Section 572.058,
623-12 Government Code.
623-13 (b) Subchapter K, Chapter 651, Occupations Code, is amended
623-14 to conform to Section 21, Chapter 1476, Acts of the 76th
623-15 Legislature, Regular Session, 1999, by adding Section 651.5061 to
623-16 read as follows:
623-17 Sec. 651.5061. WAIVER OF HEARING BY FUNERAL ESTABLISHMENT. A
623-18 funeral establishment alleged to have violated this chapter or a
623-19 rule adopted under this chapter may waive the right to a hearing as
623-20 provided by Section 651.506 by written notification to the
623-21 commission.
623-22 (c) Sections 4 and 21, Chapter 1476, Acts of the 76th
623-23 Legislature, Regular Session, 1999, are repealed.
623-24 SECTION 14.389. (a) Section 651.553, Occupations Code, is
623-25 amended to conform to Section 24, Chapter 1476, Acts of the 76th
623-26 Legislature, Regular Session, 1999, by adding Subsection (c) to
623-27 read as follows:
624-1 (c) Until a hearing has been held on the possible violation,
624-2 the amount to be assessed may be disclosed only to the person
624-3 charged with the violation, unless that person has waived the right
624-4 to a hearing or paid the amount to the commission.
624-5 (b) Section 651.555, Occupations Code, is amended to conform
624-6 to Section 24, Chapter 1476, Acts of the 76th Legislature, Regular
624-7 Session, 1999, by amending Subsection (b) and adding Subsection (c)
624-8 to read as follows:
624-9 (b) Not later than the 30-day period, a person who acts
624-10 under Subsection (a)(2) must, if the penalty that the person wishes
624-11 to contest is greater than $5,000:
624-12 (1) [pay the penalty to the commission for placement
624-13 in an escrow account; or]
624-14 [(2)] post a supersedeas bond in a form approved by
624-15 the commission for the amount of the penalty; or
624-16 (2) if the person cannot afford to pay the penalty or
624-17 file the bond, file an affidavit in the manner required by the
624-18 Texas Rules of Civil Procedure for a person who cannot afford to
624-19 file security for costs.
624-20 (c) The commission may file a contest, as provided by the
624-21 Texas Rules of Civil Procedure, to an affidavit filed under
624-22 Subsection (b)(2).
624-23 (c) Section 651.557, Occupations Code, is amended to conform
624-24 to Section 24, Chapter 1476, Acts of the 76th Legislature, Regular
624-25 Session, 1999, to read as follows:
624-26 Sec. 651.557. REMITTANCE OF PENALTY. If, after judicial
624-27 review, the court determines that a violation did not occur [or
625-1 that the amount of the administrative penalty should be reduced],
625-2 the court shall order, when the court's judgment becomes final, the
625-3 release of the bond if the person gave a supersedeas bond. If the
625-4 person gave a supersedeas bond and the amount of the penalty is
625-5 reduced, the court shall order the release of the bond after the
625-6 person pays the reduced amount [commission shall remit the
625-7 appropriate amount to the person charged with the violation not
625-8 later than the 30th day after the date on which the judicial
625-9 determination becomes final].
625-10 (d) Section 24, Chapter 1476, Acts of the 76th Legislature,
625-11 Regular Session, 1999, is repealed.
625-12 SECTION 14.390. (a) Section 651.507, Occupations Code, is
625-13 amended to conform to Section 26, Chapter 1476, Acts of the 76th
625-14 Legislature, Regular Session, 1999, to read as follows:
625-15 Sec. 651.507. EFFECT OF MULTIPLE VIOLATIONS. (a) The
625-16 commission or an administrative law judge employed by the State
625-17 Office of Administrative Hearings [a hearings officer] shall review
625-18 each disciplinary proceeding to determine whether the license
625-19 holder has committed the same type of violation on one or more
625-20 previous occasions. If it is determined that the license holder
625-21 has previously committed the same type of violation, the commission
625-22 or administrative law judge [hearings officer] shall impose a
625-23 disciplinary action that is more severe than that imposed on the
625-24 previous occasion.
625-25 (b) In a disciplinary proceeding involving multiple
625-26 violations of this chapter, the commission or the administrative
625-27 law judge [hearings officer] shall impose a disciplinary action
626-1 that is more severe than the disciplinary action that would be
626-2 imposed cumulatively for each of the individual violations.
626-3 (b) Section 26, Chapter 1476, Acts of the 76th Legislature,
626-4 Regular Session, 1999, is repealed.
626-5 SECTION 14.391. (a) Section 651.601(b), Occupations Code, is
626-6 amended to conform to Section 14, Chapter 1476, Acts of the 76th
626-7 Legislature, Regular Session, 1999, to read as follows:
626-8 (b) In an action brought by the commission, the commission
626-9 shall be represented by the attorney general or[,] a county or
626-10 district attorney[, or counsel designated by the commission].
626-11 (b) Section 14, Chapter 1476, Acts of the 76th Legislature,
626-12 Regular Session, 1999, is repealed.
626-13 SECTION 14.392. Sections 18, 20, and 23, Chapter 1476, Acts
626-14 of the 76th Legislature, Regular Session, 1999, are repealed.
626-15 PART 14. CHANGES RELATING TO SUBTITLE M,
626-16 TITLE 3, OCCUPATIONS CODE
626-17 SECTION 14.401. (a) Subchapter E, Chapter 701, Occupations
626-18 Code, is amended to conform to Section 6, Chapter 1444, Acts of the
626-19 76th Legislature, Regular Session, 1999, by adding Section 701.2041
626-20 to read as follows:
626-21 Sec. 701.2041. SUBPOENAS. (a) In an investigation of a
626-22 complaint filed with the dieticians board, the board may request
626-23 that the commissioner or the commissioner's designee approve the
626-24 issuance of a subpoena. If the request is approved, the board may
626-25 issue a subpoena to compel the attendance of a relevant witness or
626-26 the production, for inspection or copying, of relevant evidence
626-27 that is in this state.
627-1 (b) A subpoena may be served personally or by certified
627-2 mail.
627-3 (c) If a person fails to comply with a subpoena, the
627-4 dieticians board, acting through the attorney general, may file
627-5 suit to enforce the subpoena in a district court in Travis County
627-6 or in the county in which a hearing conducted by the board may be
627-7 held.
627-8 (d) On finding that good cause exists for issuing the
627-9 subpoena, the court shall order the person to comply with the
627-10 subpoena. The court may punish a person who fails to obey the
627-11 court order.
627-12 (e) The board may delegate the authority granted under
627-13 Subsection (a) to the executive secretary of the dieticians board.
627-14 (f) The dieticians board shall pay a reasonable fee for
627-15 photocopies subpoenaed under this section in an amount not to
627-16 exceed the amount the board may charge for copies of its records.
627-17 (g) The reimbursement of the expenses of a witness whose
627-18 attendance is compelled under this section is governed by Section
627-19 2001.103, Government Code.
627-20 (h) All information and materials subpoenaed or compiled by
627-21 the dieticians board in connection with a complaint and
627-22 investigation are confidential and not subject to disclosure under
627-23 Chapter 552, Government Code, and not subject to disclosure,
627-24 discovery, subpoena, or other means of legal compulsion for their
627-25 release to anyone other than the board or its employees or agents
627-26 involved in discipline of the holder of a license, except that this
627-27 information may be disclosed to:
628-1 (1) persons involved with the board in a disciplinary
628-2 action against the holder of a license;
628-3 (2) professional dietitian licensing or disciplinary
628-4 boards in other jurisdictions;
628-5 (3) peer assistance programs approved by the board
628-6 under Chapter 467, Health and Safety Code;
628-7 (4) law enforcement agencies; and
628-8 (5) persons engaged in bona fide research, if all
628-9 individual-identifying information has been deleted.
628-10 (i) The filing of formal charges by the dieticians board
628-11 against a holder of a license, the nature of those charges,
628-12 disciplinary proceedings of the board, and final disciplinary
628-13 actions, including warnings and reprimands, by the board are not
628-14 confidential and are subject to disclosure in accordance with
628-15 Chapter 552, Government Code.
628-16 (b) Section 6, Chapter 1444, Acts of the 76th Legislature,
628-17 Regular Session, 1999, is repealed.
628-18 PART 15. CHANGES RELATING TO TITLE 4, OCCUPATIONS CODE
628-19 SECTION 14.421. (a) Section 801.158(b), Occupations Code, is
628-20 amended to conform to Section 1, Chapter 1090, Acts of the 76th
628-21 Legislature, Regular Session, 1999, to read as follows:
628-22 (b) The board, acting through the attorney general, may
628-23 bring an action to enforce a subpoena issued under Subsection (a)
628-24 against a person, including a corporation, organization, business
628-25 trust, estate, trust, partnership, association, or other legal
628-26 entity, who fails to comply with the subpoena.
628-27 (b) Section 801.504(a), Occupations Code, is amended to
629-1 conform to Section 1, Chapter 1090, Acts of the 76th Legislature,
629-2 Regular Session, 1999, to read as follows:
629-3 (a) A person, including an entity, commits an offense if the
629-4 person violates this chapter.
629-5 (c) Section 801.506, Occupations Code, is amended to conform
629-6 to Section 1, Chapter 1090, Acts of the 76th Legislature, Regular
629-7 Session, 1999, to read as follows:
629-8 Sec. 801.506. PROHIBITED PRACTICES RELATING TO CERTAIN
629-9 ENTITIES. (a) A sole proprietorship, partnership, or corporation
629-10 may not engage in veterinary medicine unless the owner, each
629-11 partner, or each shareholder, as appropriate, holds a license
629-12 issued under this chapter.
629-13 (b) A corporation, organization, business trust, estate,
629-14 trust, partnership, association, or other legal entity not owned
629-15 exclusively by one or more persons licensed under this chapter may
629-16 not engage in veterinary medicine.
629-17 (c) A veterinarian may not form or continue a partnership
629-18 with a member of another profession or a person who is not a member
629-19 of a profession if a part of the partnership employment consists of
629-20 the practice of veterinary medicine.
629-21 (d) Subchapter H, Chapter 801, Occupations Code, is amended
629-22 to conform to Section 1, Chapter 1090, Acts of the 76th
629-23 Legislature, Regular Session, 1999, by adding Section 801.3541 to
629-24 read as follows:
629-25 Sec. 801.3541. LOCATION OF VETERINARY PRACTICE. The premises
629-26 on which a veterinary practice is located may be owned by a person
629-27 or other legal entity that does not hold a license issued under
630-1 this chapter.
630-2 (e) Section 1, Chapter 1090, Acts of the 76th Legislature,
630-3 Regular Session, 1999, is repealed.
630-4 SECTION 14.422. (a) Section 801.503(a), Occupations Code, is
630-5 amended to conform to Section 2, Chapter 1090, Acts of the 76th
630-6 Legislature, Regular Session, 1999, to read as follows:
630-7 (a) A person not licensed under this chapter, including a
630-8 corporation, organization, business trust, estate, trust,
630-9 partnership, association, or other legal entity, who violates this
630-10 chapter or a rule adopted by the board under this chapter is
630-11 subject to a civil penalty of $1,000 for each day of violation.
630-12 (b) Section 2, Chapter 1090, Acts of the 76th Legislature,
630-13 Regular Session, 1999, is repealed.
630-14 SECTION 14.423. (a) Section 801.451, Occupations Code, is
630-15 amended to conform to Section 3, Chapter 1090, Acts of the 76th
630-16 Legislature, Regular Session, 1999, to read as follows:
630-17 Sec. 801.451. IMPOSITION OF ADMINISTRATIVE PENALTY. The
630-18 board may impose an administrative penalty on a person, including a
630-19 corporation, organization, business trust, estate, trust,
630-20 partnership, association, or other legal entity, who violates this
630-21 chapter or a rule adopted or order issued under this chapter.
630-22 (b) Section 3, Chapter 1090, Acts of the 76th Legislature,
630-23 Regular Session, 1999, is repealed.
630-24 SECTION 14.424. (a) Section 801.502, Occupations Code, is
630-25 amended to conform to Section 4, Chapter 1090, Acts of the 76th
630-26 Legislature, Regular Session, 1999, to read as follows:
630-27 Sec. 801.502. INJUNCTIVE RELIEF. (a) The board, through the
631-1 attorney general or a district or county attorney, may bring an
631-2 action for an injunction, or a proceeding incident to an
631-3 injunction, to:
631-4 (1) enforce this chapter; or
631-5 (2) enjoin a person, including a corporation,
631-6 organization, business trust, estate, trust, partnership,
631-7 association, or other legal entity, from practicing veterinary
631-8 medicine in violation of this chapter.
631-9 (b) Venue for an action under this section is in:
631-10 (1) the county in which the person against whom the
631-11 action is brought resides, if the person is an individual who
631-12 resides in this state;
631-13 (2) the county of the defendant's principal office in
631-14 this state if the defendant is not an individual; or
631-15 (3) [(2)] Travis County, if the person:
631-16 (A) is an individual who does not reside in this
631-17 state; or
631-18 (B) is an entity that does not have its
631-19 principal office in this state.
631-20 (b) Section 4, Chapter 1090, Acts of the 76th Legislature,
631-21 Regular Session, 1999, is repealed.
631-22 PART 16. CHANGES RELATING TO TITLE 5,
631-23 OCCUPATIONS CODE
631-24 SECTION 14.451. The Public Accountancy Act of 1991 (Article
631-25 41a-1, Vernon's Texas Civil Statutes) is repealed to conform to
631-26 Section 1, Chapter 388, Acts of the 76th Legislature, Regular
631-27 Session, 1999.
632-1 PART 17. CHANGES RELATING TO TITLE 9, OCCUPATIONS CODE
632-2 SECTION 14.471. (a) Section 1601.261(b), Occupations Code,
632-3 is amended to conform to Section 1, Chapter 613, Acts of the 76th
632-4 Legislature, Regular Session, 1999, to read as follows:
632-5 (b) The board shall set the fee for an examination necessary
632-6 to receive a certificate to practice barbering or to practice as a
632-7 barber technician in an amount not to exceed $50 [is $10].
632-8 (b) Section 1, Chapter 613, Acts of the 76th Legislature,
632-9 Regular Session, 1999, is repealed.
632-10 SECTION 14.472. (a) Chapter 1601, Occupations Code, is
632-11 amended to conform to Sections 2 and 3, Chapter 613, Acts of the
632-12 76th Legislature, Regular Session, 1999, by adding Subchapter O to
632-13 read as follows:
632-14 SUBCHAPTER O. ADMINISTRATIVE PENALTIES
632-15 Sec. 1601.701. IMPOSITION OF ADMINISTRATIVE PENALTY. (a)
632-16 The board may impose an administrative penalty on a person for a
632-17 violation under this section.
632-18 (b) A person violates this chapter if the person:
632-19 (1) engages in barbering without holding an
632-20 appropriate certificate, license, or permit;
632-21 (2) permits another in the person's employ,
632-22 supervision, or control to practice as a barber or other license
632-23 holder unless that person holds a certificate or license;
632-24 (3) obtains or attempts to obtain a certificate or
632-25 license by making a fraudulent representation;
632-26 (4) owns, operates, or manages a barber school and
632-27 provides barbering services to the public in the school;
633-1 (5) owns, operates, or manages a barber school and
633-2 permits a person other than an enrolled student to provide
633-3 barbering services to the public in the school;
633-4 (6) wilfully fails to display a certificate, license,
633-5 or permit as required under this chapter; or
633-6 (7) engages in other conduct that violates a
633-7 requirement established under this chapter.
633-8 Sec. 1601.702. AMOUNT OF ADMINISTRATIVE PENALTY. (a) The
633-9 amount of the administrative penalty may not exceed $1,000. Each
633-10 day a violation continues or occurs is a separate violation for
633-11 purposes of imposing a penalty.
633-12 (b) The amount of a penalty shall be based on:
633-13 (1) the seriousness of the violation, including the
633-14 nature, circumstances, extent, and gravity of the violation;
633-15 (2) the economic harm to property or the public caused
633-16 by the violation;
633-17 (3) the history of previous violations;
633-18 (4) the amount necessary to deter a future violation;
633-19 (5) efforts to correct the violation; and
633-20 (6) any other matter that justice may require.
633-21 Sec. 1601.703. REPORT AND NOTICE OF VIOLATION AND
633-22 ADMINISTRATIVE PENALTY. (a) If the executive director determines
633-23 that a violation occurred, the executive director may issue to the
633-24 board a report stating:
633-25 (1) the facts on which the determination is based; and
633-26 (2) the executive director's recommendation on the
633-27 imposition of an administrative penalty, including a recommendation
634-1 on the amount of the penalty.
634-2 (b) Not later than the 14th day after the date the report is
634-3 issued, the executive director shall give written notice of the
634-4 report to the person.
634-5 (c) The notice must:
634-6 (1) include a brief summary of the alleged violation;
634-7 (2) state the amount of the recommended penalty; and
634-8 (3) inform the person of the person's right to a
634-9 hearing on the occurrence of the violation, the amount of the
634-10 penalty, or both.
634-11 Sec. 1601.704. ADMINISTRATIVE PENALTY TO BE PAID OR HEARING
634-12 REQUESTED. (a) Not later than the 20th day after the date the
634-13 person receives the notice, the person in writing may:
634-14 (1) accept the determination and recommended
634-15 administrative penalty of the executive director; or
634-16 (2) make a request for a hearing on the occurrence of
634-17 the violation, the amount of the penalty, or both.
634-18 (b) If the person accepts the determination and recommended
634-19 penalty of the executive director, the board by order shall approve
634-20 the determination and impose the recommended penalty.
634-21 Sec. 1601.705. HEARING. (a) If the person requests a
634-22 hearing or fails to respond in a timely manner to the notice, the
634-23 executive director shall set a hearing and give written notice of
634-24 the hearing to the person. An administrative law judge of the
634-25 State Office of Administrative Hearings shall hold the hearing.
634-26 (b) The administrative law judge shall make findings of fact
634-27 and conclusions of law and promptly issue to the board a proposal
635-1 for a decision about the occurrence of the violation and the amount
635-2 of any proposed administrative penalty.
635-3 Sec. 1601.706. DECISION BY BOARD. (a) Based on the
635-4 findings of fact, conclusions of law, and proposal for a decision,
635-5 the board by order may:
635-6 (1) find that a violation occurred and impose an
635-7 administrative penalty; or
635-8 (2) find that a violation did not occur.
635-9 (b) The notice of the board's order given to the person must
635-10 include a statement of the right of the person to judicial review
635-11 of the order.
635-12 Sec. 1601.707. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
635-13 Not later than the 30th day after the date the board's order
635-14 becomes final, the person shall:
635-15 (1) pay the administrative penalty; or
635-16 (2) file a petition for judicial review contesting the
635-17 occurrence of the violation, the amount of the penalty, or both.
635-18 Sec. 1601.708. STAY OF ENFORCEMENT OF ADMINISTRATIVE
635-19 PENALTY. (a) Within the 30-day period prescribed by Section
635-20 1601.707, a person who files a petition for judicial review may:
635-21 (1) stay enforcement of the administrative penalty by:
635-22 (A) paying the penalty to the court for
635-23 placement in an escrow account; or
635-24 (B) giving the court a supersedeas bond approved
635-25 by the court that:
635-26 (i) is for the amount of the penalty; and
635-27 (ii) is effective until all judicial
636-1 review of the board's order is final; or
636-2 (2) request the court to stay enforcement of the
636-3 penalty by:
636-4 (A) filing with the court a sworn affidavit of
636-5 the person stating that the person is financially unable to pay the
636-6 penalty and is financially unable to give the supersedeas bond; and
636-7 (B) giving a copy of the affidavit to the
636-8 executive director by certified mail.
636-9 (b) If the executive director receives a copy of an
636-10 affidavit under Subsection (a)(2), the executive director may file
636-11 with the court, not later than the fifth day after the date the
636-12 copy is received, a contest to the affidavit. The court shall hold
636-13 a hearing on the facts alleged in the affidavit as soon as
636-14 practicable and shall stay the enforcement of the penalty on
636-15 finding that the alleged facts are true. The person who files an
636-16 affidavit has the burden of proving that the person is financially
636-17 unable to pay the penalty and to give a supersedeas bond.
636-18 Sec. 1601.709. COLLECTION OF ADMINISTRATIVE PENALTY. (a)
636-19 If the person does not pay the administrative penalty and the
636-20 enforcement of the penalty is not stayed, the penalty may be
636-21 collected.
636-22 (b) The attorney general may sue to collect the penalty.
636-23 Sec. 1601.710. DECISION BY COURT. (a) If the court
636-24 sustains the finding that a violation occurred, the court may
636-25 uphold or reduce the amount of the administrative penalty and order
636-26 the person to pay the full or reduced amount of the penalty.
636-27 (b) If the court does not sustain the finding that a
637-1 violation occurred, the court shall order that a penalty is not
637-2 owed.
637-3 Sec. 1601.711. REMITTANCE OF ADMINISTRATIVE PENALTY AND
637-4 INTEREST. (a) If the person paid the administrative penalty and
637-5 if the amount of the penalty is reduced or the penalty is not
637-6 upheld by the court, the court shall order, when the court's
637-7 judgment becomes final, that the appropriate amount plus accrued
637-8 interest be remitted to the person.
637-9 (b) The interest accrues at the rate charged on loans to
637-10 depository institutions by the New York Federal Reserve Bank.
637-11 (c) The interest shall be paid for the period beginning on
637-12 the date the penalty is paid and ending on the date the penalty is
637-13 remitted.
637-14 Sec. 1601.712. RELEASE OF BOND. (a) If the person gave a
637-15 supersedeas bond and the administrative penalty is not upheld by
637-16 the court, the court shall order, when the court's judgment becomes
637-17 final, the release of the bond.
637-18 (b) If the person gave a supersedeas bond and the amount of
637-19 the penalty is reduced, the court shall order the release of the
637-20 bond after the person pays the reduced amount.
637-21 Sec. 1601.713. ADMINISTRATIVE PROCEDURE. A proceeding to
637-22 impose an administrative penalty is considered to be a contested
637-23 case under Chapter 2001, Government Code.
637-24 (b) Section 1601.652, Occupations Code, is repealed to
637-25 conform to Section 2, Chapter 613, Acts of the 76th Legislature,
637-26 Regular Session, 1999.
637-27 (c) Sections 2 and 3, Chapter 613, Acts of the 76th
638-1 Legislature, Regular Session, 1999, are repealed.
638-2 SECTION 14.473. (a) Section 1602.253, Occupations Code, is
638-3 amended to conform to Section 5, Chapter 428, Acts of the 76th
638-4 Legislature, Regular Session, 1999, and Section 1, Chapter 549,
638-5 Acts of the 76th Legislature, Regular Session, 1999, to read as
638-6 follows:
638-7 Sec. 1602.253. CERTIFICATE OF HEALTH REQUIRED FOR CERTAIN
638-8 APPLICANTS. An applicant for an operator license, instructor
638-9 license, reciprocal license, or specialty certificate must submit a
638-10 certificate of health that:
638-11 (1) shows the applicant is free, as determined by a
638-12 physical examination, from tuberculosis[, hepatitis,] or a [any]
638-13 contagious disease for which the applicant is not entitled to
638-14 protection under the federal Americans with Disabilities Act of
638-15 1990 (42 U.S.C. Section 12101 et seq.); and
638-16 (2) is signed by a licensed physician, advanced
638-17 practice nurse, or licensed physician assistant.
638-18 (b) Section 5, Chapter 428, Acts of the 76th Legislature,
638-19 Regular Session, 1999, is repealed.
638-20 (c) Section 1, Chapter 549, Acts of the 76th Legislature,
638-21 Regular Session, 1999, is repealed.
638-22 SECTION 14.474. Section 1602.555(a), Occupations Code, is
638-23 amended to more accurately reflect the law from which it was
638-24 derived to read as follows:
638-25 (a) A person commits an offense if the person, without
638-26 conducting a physical examination, signs a health certificate
638-27 required by Sections 1602.253 and [Section] 1602.353.
639-1 SECTION 14.475. Article 8407, Revised Statutes, is repealed
639-2 to conform to Section 1, Chapter 388, Acts of the 76th Legislature,
639-3 Regular Session, 1999.
639-4 PART 18. CHANGES RELATING TO TITLE 10,
639-5 OCCUPATIONS CODE, GENERALLY
639-6 SECTION 14.501. (a) Subchapter D, Chapter 1701, Occupations
639-7 Code, is amended to conform to Section 1, Chapter 882, Acts of the
639-8 76th Legislature, Regular Session, 1999, by adding Section 1701.160
639-9 to read as follows:
639-10 Sec. 1701.160. AUTHORITY TO COMMISSION INVESTIGATORS AS
639-11 PEACE OFFICERS. The commission may commission certified peace
639-12 officers as investigators employed by the commission for the
639-13 limited purpose of assisting the commission in administering this
639-14 chapter.
639-15 (b) Section 415.016, Government Code, is repealed.
639-16 SECTION 14.502. (a) Section 1701.310, Occupations Code, is
639-17 amended to conform to Section 1, Chapter 1033, Acts of the 76th
639-18 Legislature, Regular Session, 1999, by amending Subsection (a) and
639-19 adding Subsection (e) to read as follows:
639-20 (a) Except as provided by Subsection (e), a [A] person may
639-21 not be appointed as a county jailer, except on a temporary basis,
639-22 unless the person has satisfactorily completed a preparatory
639-23 training program, as required by the commission, in the operation
639-24 of a county jail at a school operated or licensed by the
639-25 commission.
639-26 (e) A person trained and certified by the Texas Department
639-27 of Criminal Justice to serve as a corrections officer in that
640-1 agency's institutional or state jail division is not required to
640-2 complete the training requirements of this section to be appointed
640-3 a part-time county jailer. Examinations under Section 1701.304 and
640-4 psychological and physical examinations under Section 1701.306
640-5 apply.
640-6 (b) Section 1, Chapter 1033, Acts of the 76th Legislature,
640-7 Regular Session, 1999, is repealed.
640-8 SECTION 14.503. (a) Section 1704.053, Occupations Code, is
640-9 amended to conform to Section 1, Chapter 699, Acts of the 76th
640-10 Legislature, Regular Session, 1999, to read as follows:
640-11 Sec. 1704.053. BOARD COMPOSITION. A board consists of:
640-12 (1) the sheriff or a designee from the sheriff's
640-13 office who must be the sheriff's administrator or a deputy sheriff
640-14 of the rank of at least sergeant;
640-15 (2) a district judge of the county having jurisdiction
640-16 over criminal matters and designated by the presiding judge of the
640-17 administrative judicial district;
640-18 (3) the county judge, a member of the commissioners
640-19 court designated by the county judge, or a designee approved by the
640-20 commissioners court;
640-21 (4) a judge of a county court or county court at law
640-22 in the county having jurisdiction over criminal matters and
640-23 designated by the commissioners court;
640-24 (5) the district attorney or an assistant district
640-25 attorney designated by the district attorney;
640-26 (6) a licensed bail bond surety in the county elected
640-27 by other licensed bail bond sureties in the county;
641-1 (7) a justice of the peace;
641-2 (8) the district clerk or the clerk's designee;
641-3 (9) the county clerk or the clerk's designee, if the
641-4 county clerk has responsibility over criminal matters;
641-5 (10) if appointed by the board, a presiding judge of a
641-6 municipal court in the county;
641-7 (11) if the county's principal municipality designates
641-8 a presiding judge in the municipal court system, the presiding
641-9 judge or a municipal judge from the system designated by the
641-10 presiding judge; and
641-11 (12) the county treasurer or the treasurer's designee
641-12 or, if appointed by the commissioners court in a county that does
641-13 not have a county treasurer, the person designated by the county
641-14 commissioners court to perform the duties of the county treasurer.
641-15 (b) Section 1, Chapter 699, Acts of the 76th Legislature,
641-16 Regular Session, 1999, is repealed.
641-17 SECTION 14.504. Section 1704.160, Occupations Code, is
641-18 amended to more accurately reflect the law from which it was
641-19 derived to read as follows:
641-20 Sec. 1704.160. SECURITY REQUIREMENTS. (a) On receipt of
641-21 notice under Section 1704.159 that an application has been
641-22 conditionally approved, the applicant must:
641-23 (1) if the applicant is an individual:
641-24 (A) subject to Subsection (b), deposit with the
641-25 county treasurer a cashier's check, certificate of deposit, cash,
641-26 or cash equivalent in the amount stated on the application under
641-27 Section 1704.154(b)(3)(B); or
642-1 (B) subject to Subsections (c)-(f) [(c)-(e)],
642-2 execute in trust to the board each deed to the property listed on
642-3 the application under Section 1704.154(b)(3)(A); or
642-4 (2) if the applicant is a corporation, provide to the
642-5 sheriff an irrevocable letter of credit as a cash equivalent to pay
642-6 any final judgment of a forfeiture on a bail bond executed by the
642-7 applicant.
642-8 (b) A deposit made under Subsection (a)(1)(A) may not be
642-9 less than $50,000, except that the deposit may not be less than
642-10 $10,000 in a county with a population of less than 250,000. A
642-11 deposit made to a county with a population of less than 250,000
642-12 shall be placed in a fund known as a bail security fund.
642-13 (c) The property executed in trust under Subsection
642-14 (a)(1)(B) must be valued in the amount indicated on an appraisal by
642-15 a real estate appraiser who is a member in good standing of a
642-16 nationally recognized professional appraiser society or trade
642-17 organization that has an established code of ethics, educational
642-18 program, and professional certification program.
642-19 (d) The total value of the property executed in trust under
642-20 Subsection (a)(1)(B) may not be less than $50,000, except that the
642-21 value may not be less than $10,000 in a county with a population of
642-22 less than 250,000.
642-23 (e) [(d)] A trust created under Subsection (a)(1)(B) is
642-24 subject to the condition that the property executed in trust may,
642-25 after notice is provided and under the conditions required by the
642-26 Code of Criminal Procedure, be sold to satisfy a final judgment on
642-27 a forfeiture on a bail bond executed by the applicant.
643-1 (f) [(e)] If an applicant is married, the applicant's spouse
643-2 must execute each deed of trust under Subsection (a)(1)(B) that
643-3 involves community property.
643-4 (g) [(f)] A board shall file each deed of trust in the
643-5 records of each county in which the property is located. The
643-6 applicant shall pay the filing fee.
643-7 (h) [(g)] The certificate of authority to do business in
643-8 this state issued under Article 8.20, Insurance Code, to an
643-9 applicant that is a corporation is conclusive evidence of:
643-10 (1) the sufficiency of the applicant's security; and
643-11 (2) the applicant's solvency and credits.
643-12 (i) [(h)] A license holder must maintain the amount of
643-13 security required by this section during the time the person holds
643-14 the license.
643-15 SECTION 14.505. (a) Section 1704.162, Occupations Code, is
643-16 amended to conform to Section 1, Chapter 1474, Acts of the 76th
643-17 Legislature, Regular Session, 1999, by amending Subsection (a) and
643-18 adding Subsections (e) and (f) to read as follows:
643-19 (a) A license issued or renewed under this chapter expires
643-20 on the second anniversary after the date the license is issued or
643-21 is to expire, as appropriate, if the license:
643-22 (1) has been issued for less than eight consecutive
643-23 years; or
643-24 (2) has been suspended.
643-25 (e) A person who applies to renew a license that has been
643-26 held by the person for at least eight consecutive years without
643-27 having been suspended or revoked under this chapter and who
644-1 complies with the requirements of this chapter may renew the
644-2 license for a period of 36 months from the date of expiration if
644-3 the board:
644-4 (1) knows of no legal reason why the license should
644-5 not be renewed; and
644-6 (2) determines that the applicant has submitted an
644-7 annual financial report to each county bail bond board before the
644-8 anniversary date of the issuance of the applicant's license.
644-9 (f) A license renewed under Subsection (e) may be renewed
644-10 subsequently each 36 months in a similar manner.
644-11 (b) Section 1, Chapter 1474, Acts of the 76th Legislature,
644-12 Regular Session, 1999, is repealed.
644-13 SECTION 14.506. (a) Section 1704.203, Occupations Code, is
644-14 amended to conform to Section 1, Chapter 1096, Acts of the 76th
644-15 Legislature, Regular Session, 1999, by amending Subsection (a) and
644-16 adding Subsections (f) and (g) to read as follows:
644-17 (a) Except as provided by Subsection (d), a license holder
644-18 who holds a license originally issued before September 1, 1999, may
644-19 not execute, and a person may not accept from the [a] license
644-20 holder, a bail bond that, in the aggregate with other bail bonds
644-21 executed by the license holder in that county, results in a total
644-22 amount that exceeds 10 times the value of the security deposited or
644-23 executed by the license holder under Section 1704.160.
644-24 (f) A bail bond surety who holds a license originally issued
644-25 on or after September 1, 1999, and who:
644-26 (1) has been licensed for fewer than two years or has
644-27 had a license under this chapter suspended or revoked may not
645-1 execute, and a person may not accept from the license holder, bail
645-2 bonds that in the aggregate exceed 10 times the value of property
645-3 held as security under Section 1704.160(a)(1)(A) plus five times
645-4 the value of property held in trust under Section
645-5 1704.160(a)(1)(B);
645-6 (2) has been licensed for at least two years and fewer
645-7 than four years may not execute, and a person may not accept from
645-8 the license holder, bail bonds that in the aggregate exceed 10
645-9 times the value of property held as security under Section
645-10 1704.160(a)(1)(A) plus six times the value of property held in
645-11 trust under Section 1704.160(a)(1)(B);
645-12 (3) has been licensed for at least four years and
645-13 fewer than six years may not execute, and a person may not accept
645-14 from the license holder, bail bonds that in the aggregate exceed 10
645-15 times the value of property held as security under Section
645-16 1704.160(a)(1)(A) plus eight times the value of property held in
645-17 trust under Section 1704.160(a)(1)(B); or
645-18 (4) has been licensed for at least six years may not
645-19 execute, and a person may not accept from the license holder, bail
645-20 bonds that in the aggregate exceed 10 times the value of property
645-21 held as security under Section 1704.160(a)(1)(A) plus 10 times the
645-22 value of property held in trust under Section 1704.160(a)(1)(B).
645-23 (g) If a bail bond surety is subject to Subsection (f)(1)
645-24 because the person has had a license under this chapter suspended
645-25 or revoked and is also subject to Subsection (f)(2), (3), or (4),
645-26 the prohibition imposed by Subsection (f)(1) controls.
645-27 (b) Section 1, Chapter 1096, Acts of the 76th Legislature,
646-1 Regular Session, 1999, is repealed.
646-2 SECTION 14.507. The following are repealed:
646-3 (1) Section 1701.961, Occupations Code, to conform to
646-4 Section 16, Chapter 149, Acts of the 76th Legislature, Regular
646-5 Session, 1999; and
646-6 (2) Section 1704.106, Occupations Code, to conform to
646-7 Section 1, Chapter 434, Acts of the 76th Legislature, Regular
646-8 Session, 1999.
646-9 PART 19. CHANGES RELATING TO CHAPTER 1702,
646-10 TITLE 10, OCCUPATIONS CODE
646-11 SECTION 14.551. (a) The heading of Chapter 1702, Occupations
646-12 Code, is amended to conform to Section 1, Chapter 974, Acts of the
646-13 76th Legislature, Regular Session, 1999, to read as follows:
646-14 CHAPTER 1702. [PRIVATE INVESTIGATORS AND]
646-15 PRIVATE SECURITY [AGENCIES]
646-16 (b) Section 1702.001, Occupations Code, is amended to
646-17 conform to Section 1, Chapter 974, Acts of the 76th Legislature,
646-18 Regular Session, 1999, to read as follows:
646-19 Sec. 1702.001. SHORT TITLE. This chapter may be cited as the
646-20 [Private Investigators and] Private Security [Agencies] Act.
646-21 (c) Section 1, Chapter 974, Acts of the 76th Legislature,
646-22 Regular Session, 1999, is repealed.
646-23 SECTION 14.552. Section 1702.002, Occupations Code, is
646-24 amended to more accurately reflect the law from which it was
646-25 derived and to conform to Sections 2 and 5, Chapter 974, Acts of
646-26 the 76th Legislature, Regular Session, 1999, to read as follows:
646-27 Sec. 1702.002. DEFINITIONS. In this chapter:
647-1 (1) "Alarm system" means an alarm system, [a] burglar
647-2 alarm signal device, burglar alarm, robbery alarm, television
647-3 camera, or still camera used to signal the presence of an emergency
647-4 to which law enforcement or emergency services are expected to
647-5 respond[, or other electrical, mechanical, or electronic device
647-6 used:]
647-7 [(A) to prevent or detect burglary, theft,
647-8 robbery, or other losses resulting from similar acts;]
647-9 [(B) to prevent or detect intrusion; or]
647-10 [(C) primarily to detect or summon aid for
647-11 emergencies not listed in Paragraph (A) or (B)].
647-12 (2) ["Board" means the Texas Board of Private
647-13 Investigators and Private Security Agencies.]
647-14 [(3)] "Branch office" means an office that is:
647-15 (A) identified to the public as a place from
647-16 which business is conducted, solicited, or advertised; and
647-17 (B) at a place other than the principal place of
647-18 business as shown in commission [board] records.
647-19 (3) [(4)] "Branch office license" means a permit
647-20 issued by the commission [board] that entitles a person to operate
647-21 at a branch office as a security services contractor or
647-22 investigations company.
647-23 (4) "Commission" means the Texas Commission on Private
647-24 Security.
647-25 (5) "Commissioned security officer" means a security
647-26 officer to whom a security officer commission has been issued by
647-27 the commission [board].
648-1 (6) "Detection device" means an electronic device
648-2 used[:]
648-3 [(A)] as a part of a burglar or robbery alarm,
648-4 including a control, communications device, motion detector, door
648-5 or window switch, sound detector, vibration detector, light beam,
648-6 pressure mat, wiring, or similar device[; or]
648-7 [(B) to limit a person's access into a structure
648-8 or gate compound, including a control, communications device,
648-9 motion detector, door or window switch, card or proximity reader,
648-10 push-button keypad entry, gate entry device, door exit button, or
648-11 similar device].
648-12 (7) "Extra job coordinator" means a peace officer who:
648-13 (A) is employed full-time by the state or a
648-14 municipality; and
648-15 (B) schedules other peace officers to provide
648-16 guard, patrolman, or watchman services in a private capacity who
648-17 are:
648-18 (i) employed full-time by the state or a
648-19 municipality; and
648-20 (ii) not employed by the extra job
648-21 coordinator.
648-22 (8) "Firearm" has the meaning assigned by Section
648-23 46.01, Penal Code.
648-24 (9) [(8)] "Insurance agent" means:
648-25 (A) a person licensed under Article 1.14-2 or
648-26 21.14, Insurance Code;
648-27 (B) a salaried, state, or special agent; or
649-1 (C) a person authorized to represent an
649-2 insurance fund or pool created by a local government under Chapter
649-3 791, Government Code.
649-4 (10) [(9)] "Investigations company" means a person who
649-5 performs the activities described by Section 1702.104.
649-6 (11) [(10)] "Letter of authority" means a permit
649-7 issued by the commission [board] that entitles the security
649-8 department of a private business or a political subdivision to
649-9 employ a commissioned security officer.
649-10 (12) [(11)] "License" means a permit issued by the
649-11 commission [board] that entitles a person to operate as a security
649-12 services contractor or investigations company.
649-13 (13) [(12)] "License holder" means a person to whom
649-14 the commission [board] issues a license.
649-15 (14) [(13)] "Manager" means an officer or supervisor
649-16 of a corporation or a general partner of a partnership who has the
649-17 experience required by Section 1702.119 to manage a security
649-18 services contractor or an investigations company.
649-19 (15) [(14)] "Peace officer" means a person who is a
649-20 peace officer under Article 2.12, Code of Criminal Procedure.
649-21 (16) "Person" includes an individual, firm,
649-22 association, company, partnership, corporation, nonprofit
649-23 organization, institution, or similar entity. Section 311.005(2),
649-24 Government Code, does not apply to this subdivision.
649-25 (17) [(15)] "Personal protection officer
649-26 authorization" means a permit issued by the commission [board] that
649-27 entitles an individual to act as a personal protection officer.
650-1 (18) [(16)] "Private investigator" means an individual
650-2 who performs one or more services described by Section 1702.104.
650-3 (19) [(17)] "Registrant" means an individual who has
650-4 registered with the commission [board] under Section 1702.221.
650-5 (20) [(18)] "Registration" means a permit issued by
650-6 the commission [board] to an individual described by Section
650-7 1702.221.
650-8 (21) [(19)] "Security officer commission" means an
650-9 authorization issued by the commission [board] that entitles a
650-10 security officer to carry a firearm.
650-11 (22) [(20)] "Security services contractor" means a
650-12 person who performs the activities described by Section 1702.102.
650-13 SECTION 14.553. (a) Section 1702.003, Occupations Code, is
650-14 amended to conform to Section 4, Chapter 974, Acts of the 76th
650-15 Legislature, Regular Session, 1999, to read as follows:
650-16 Sec. 1702.003. APPLICATION OF SUNSET ACT. The Texas
650-17 Commission on [Board of Private Investigators and] Private
650-18 Security [Agencies] is subject to Chapter 325, Government Code
650-19 (Texas Sunset Act). Unless continued in existence as provided by
650-20 that chapter, the commission [board] is abolished and this chapter
650-21 expires September 1, 2009 [1999].
650-22 (b) Section 4, Chapter 974, Acts of the 76th Legislature,
650-23 Regular Session, 1999, is repealed.
650-24 SECTION 14.554. Section 1702.004, Occupations Code, is
650-25 amended to conform to Section 5, Chapter 974, Acts of the 76th
650-26 Legislature, Regular Session, 1999, to read as follows:
650-27 Sec. 1702.004. GENERAL SCOPE OF REGULATION. The commission
651-1 [board], in addition to performing duties required by other law or
651-2 exercising powers granted by other law:
651-3 (1) licenses investigations companies and security
651-4 services contractors;
651-5 (2) issues commissions to certain security officers;
651-6 (3) issues authorizations to certain security officers
651-7 engaged in the personal protection of individuals;
651-8 (4) registers:
651-9 (A) certain individuals connected with a license
651-10 holder; and
651-11 (B) certain individuals employed in a field
651-12 connected to private investigation or private security; and
651-13 (5) regulates license holders, security officers, and
651-14 registrants under this chapter.
651-15 SECTION 14.555. The heading of Subchapter B, Chapter 1702,
651-16 Occupations Code, is amended to conform to Section 5, Chapter 974,
651-17 Acts of the 76th Legislature, Regular Session, 1999, to read as
651-18 follows:
651-19 SUBCHAPTER B. TEXAS COMMISSION ON [BOARD OF PRIVATE
651-20 INVESTIGATORS AND] PRIVATE SECURITY [AGENCIES]
651-21 SECTION 14.556. Section 1702.021, Occupations Code, is
651-22 amended to conform to Section 5, Chapter 974, Acts of the 76th
651-23 Legislature, Regular Session, 1999, to read as follows:
651-24 Sec. 1702.021. COMMISSION [BOARD] MEMBERSHIP. (a) The Texas
651-25 Commission on [Board of Private Investigators and] Private Security
651-26 [Agencies] consists of nine [six] members appointed by the governor
651-27 with the advice and consent of the senate as follows:
652-1 (1) five [three] public members, each of whom is a
652-2 citizen of the United States;
652-3 (2) one member [two members] who:
652-4 (A) is [are] licensed under this chapter as a
652-5 private investigator;
652-6 (B) [, each of whom:]
652-7 [(A)] has been engaged as a private
652-8 investigator for at least the five [consecutive] years preceding
652-9 appointment [as a private investigator or security services
652-10 contractor]; and
652-11 (C) [(B)] is not employed by a person who
652-12 employs another member of the commission [board]; [and]
652-13 (3) one member who is licensed under this chapter as
652-14 an alarm systems company and who:
652-15 (A) has been engaged as an alarm systems company
652-16 for at least the five years preceding appointment; and
652-17 (B) is not employed by a person who employs
652-18 another member of the commission;
652-19 (4) one member who:
652-20 (A) is licensed under this chapter as the owner
652-21 or operator of a guard company;
652-22 (B) has been the owner or operator of the guard
652-23 company [operated] for at least the five [consecutive] years
652-24 preceding appointment [as a guard company]; and
652-25 (C) is not employed by a person who employs
652-26 another member of the commission; and
652-27 (5) one member who:
653-1 (A) holds a license, security officer
653-2 commission, or registration under this chapter;
653-3 (B) has been engaged in activity regulated by
653-4 the commission under this chapter for at least the five years
653-5 preceding appointment; and
653-6 (C) is not employed by a person who employs
653-7 another member of the commission [board].
653-8 (b) Appointments to the commission [board] shall be made
653-9 without regard to the race, [creed,] color, disability, sex,
653-10 religion, age, or national origin of the appointee.
653-11 (c) On presentation by a commission [board] member of the
653-12 constitutional oath taken by the member, together with the
653-13 certificate of appointment, the secretary of state shall issue a
653-14 commission to the member as evidence of the member's authority to
653-15 act as a commission [board] member.
653-16 SECTION 14.557. Section 1702.022, Occupations Code, is
653-17 amended to conform to Sections 5, 6, 7, and 55(1), Chapter 974,
653-18 Acts of the 76th Legislature, Regular Session, 1999, to read as
653-19 follows:
653-20 Sec. 1702.022. EX OFFICIO COMMISSION MEMBER [BOARD MEMBERS].
653-21 (a) The director of the Texas Department of Public Safety serves
653-22 as an [and the attorney general are] ex officio member [members] of
653-23 the commission [board] during the director's term [their terms] of
653-24 office and has the same powers and [shall perform the] duties as
653-25 other commission [required of board] members.
653-26 (b) The [attorney general and the] director of the Texas
653-27 Department of Public Safety may delegate to a personal
654-1 representative from the department [their respective offices] the
654-2 [authority and] duty to represent the director [them] on the
654-3 commission [board].
654-4 [(c) The designated representative may exercise the powers
654-5 and duties of the ex officio board member while performing official
654-6 board business, but the member making the designation is
654-7 responsible for the representative's acts and decisions.]
654-8 SECTION 14.558. Section 1702.023, Occupations Code, is
654-9 amended to conform to Section 5, Chapter 974, Acts of the 76th
654-10 Legislature, Regular Session, 1999, to read as follows:
654-11 Sec. 1702.023. ELIGIBILITY OF PUBLIC MEMBERS. The
654-12 commission's public members must be representatives of the general
654-13 public. A person may not be [is not eligible for appointment as] a
654-14 public member of the commission if the person or the person's
654-15 spouse:
654-16 (1) is registered, commissioned, certified, or
654-17 licensed by a [an occupational] regulatory agency in the field of
654-18 private investigations or private security;
654-19 (2) is employed by or participates in the management
654-20 of a business entity or other organization regulated by or
654-21 receiving money from the commission [related to the field of
654-22 private security]; [or]
654-23 (3) owns or controls, directly or indirectly, more
654-24 than a 10 percent [has, other than as a consumer, a financial]
654-25 interest in a business entity or other organization regulated by or
654-26 receiving money from the commission; or
654-27 (4) uses or receives a substantial amount of tangible
655-1 goods, services, or money from the commission other than
655-2 compensation or reimbursement authorized by law for commission
655-3 membership, attendance, or expenses [related to the field of
655-4 private security].
655-5 SECTION 14.559. Section 1702.024, Occupations Code, is
655-6 amended to conform to Sections 5 and 6, Chapter 974, Acts of the
655-7 76th Legislature, Regular Session, 1999, to read as follows:
655-8 Sec. 1702.024. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In
655-9 this section, "Texas trade association" means a [nonprofit,]
655-10 cooperative[,] and voluntarily joined association of business or
655-11 professional competitors in this state designed to assist its
655-12 members and its industry or profession in dealing with mutual
655-13 business or professional problems and in promoting their common
655-14 interests.
655-15 (b) A person may not be a commission member and may not be a
655-16 commission employee employed in a "bona fide executive,
655-17 administrative, or professional capacity," as that phrase is used
655-18 for purposes of establishing an exemption to the overtime
655-19 provisions of the federal Fair Labor Standards Act of 1938 (29
655-20 U.S.C. Section 201 et seq.), and its subsequent amendments, if:
655-21 (1) the person is [or employee of the board may not
655-22 be] an officer, employee, or paid consultant of a Texas trade
655-23 association in the field of private investigation or private
655-24 security; or
655-25 (2) the person's [industry.]
655-26 [(c) A person who is the] spouse is [of] an officer, manager
655-27 [employee], or paid consultant of a Texas trade association in the
656-1 field of private investigation or private security [on behalf of a
656-2 profession related to the operation of the board may not be a board
656-3 member and may not be an employee of the board who is compensated
656-4 at or above the amount prescribed by the General Appropriations Act
656-5 for step 1, salary group A17, of the position classification salary
656-6 schedule].
656-7 (c) [(d)] A person may not be [serve as] a commission
656-8 [board] member or act as general counsel to the commission or
656-9 agency [board] if the person is required to register as a lobbyist
656-10 under Chapter 305, Government Code, because of the person's
656-11 activities for compensation on behalf of a profession related to
656-12 the operation of the agency [board].
656-13 SECTION 14.560. (a) Section 1702.025, Occupations Code, is
656-14 amended to conform to Sections 5 and 7, Chapter 974, Acts of the
656-15 76th Legislature, Regular Session, 1999, to read as follows:
656-16 Sec. 1702.025. TERMS; VACANCIES. (a) The appointed
656-17 commission [board] members serve staggered six-year terms, with the
656-18 terms of three [two] appointed members expiring on January 31 of
656-19 each odd-numbered year.
656-20 (b) If a vacancy occurs during the term of an appointed
656-21 commission [board] member, the governor shall appoint a new member
656-22 to fill the unexpired term.
656-23 (b) Section 7, Chapter 974, Acts of the 76th Legislature,
656-24 Regular Session, 1999, is repealed.
656-25 SECTION 14.561. (a) Section 1702.026, Occupations Code, is
656-26 amended to conform to Sections 5 and 15, Chapter 974, Acts of the
656-27 76th Legislature, Regular Session, 1999, to read as follows:
657-1 Sec. 1702.026. OFFICERS. (a) The governor shall designate
657-2 one commission [board] member as presiding officer to serve in that
657-3 capacity at the will of the governor. The governor shall designate
657-4 the presiding officer without regard to race, creed, color,
657-5 disability, sex, religion, age, or national origin.
657-6 (b) The commission [board], including the representative of
657-7 the director of the Texas Department of Public Safety if one is
657-8 designated, shall elect from among its members an assistant
657-9 presiding officer and a secretary to serve two-year terms beginning
657-10 on September 1 of each odd-numbered year.
657-11 (c) The presiding officer of the commission [board] or, in
657-12 the absence of [when] the presiding officer [is absent], the
657-13 assistant presiding officer shall preside at each commission
657-14 [board] meeting and perform the other duties prescribed by this
657-15 chapter.
657-16 (b) Section 15, Chapter 974, Acts of the 76th Legislature,
657-17 Regular Session, 1999, is repealed.
657-18 SECTION 14.562. Section 1702.027, Occupations Code, is
657-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
657-20 Legislature, Regular Session, 1999, to read as follows:
657-21 Sec. 1702.027. GROUNDS FOR REMOVAL. (a) It is a ground for
657-22 removal from the commission [board] that a member:
657-23 (1) does not have the qualifications required by
657-24 Section 1702.021 [or 1702.023 for appointment to the board] at the
657-25 time of taking office [appointment];
657-26 (2) does not maintain the qualifications required by
657-27 Section 1702.021 [or 1702.023 for appointment to the board] during
658-1 service on the commission [board];
658-2 (3) is ineligible for membership under [violates a
658-3 prohibition established by] Section 1702.023 or 1702.024;
658-4 (4) cannot, because of illness or disability,
658-5 discharge the member's duties for a substantial part of the
658-6 member's term; or
658-7 (5) is absent from more than [at least] half of the
658-8 regularly scheduled commission [board] meetings that the member is
658-9 eligible to attend during [held in] a calendar year without an
658-10 excuse approved by a majority vote of the commission[, excluding
658-11 meetings held when the person was not a board member].
658-12 (b) The validity of an action of the commission [board] is
658-13 not affected by the fact that it is [was] taken when a ground for
658-14 removal of a commission [board] member exists [existed].
658-15 (c) If the director has knowledge that a potential ground
658-16 for removal exists, the director shall notify the presiding officer
658-17 of the commission [board] of the potential ground. The presiding
658-18 officer shall then notify the governor and the attorney general
658-19 that a potential ground for removal exists. If the potential
658-20 ground for removal involves the presiding officer, the director
658-21 shall notify the next highest ranking officer of the commission,
658-22 who shall then notify the governor and the attorney general that a
658-23 potential ground for removal exists.
658-24 SECTION 14.563. Section 1702.028(a), Occupations Code, is
658-25 amended to conform to Section 5, Chapter 974, Acts of the 76th
658-26 Legislature, Regular Session, 1999, to read as follows:
658-27 (a) A commission [board] member is entitled to a per diem as
659-1 set by legislative appropriation for each day the member engages in
659-2 the business of the commission [board].
659-3 SECTION 14.564. Section 1702.029, Occupations Code, is
659-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
659-5 Legislature, Regular Session, 1999, to read as follows:
659-6 Sec. 1702.029. MEETINGS. The commission [board] shall meet
659-7 at regular intervals to be decided by the commission [board].
659-8 SECTION 14.565. (a) Subchapter B, Chapter 1702, Occupations
659-9 Code, is amended to conform to Sections 5 and 6, Chapter 974, Acts
659-10 of the 76th Legislature, Regular Session, 1999, by adding Section
659-11 1702.030 to read as follows:
659-12 Sec. 1702.030. TRAINING. (a) A person who is appointed to
659-13 and qualifies for office as a commission member may not vote,
659-14 deliberate, or be counted as a member in attendance at a commission
659-15 meeting until the person completes a training program that complies
659-16 with this section.
659-17 (b) The training program must provide the person with
659-18 information regarding:
659-19 (1) this chapter;
659-20 (2) the programs operated by the commission;
659-21 (3) the role and functions of the commission;
659-22 (4) the rules of the commission, with an emphasis on
659-23 the rules that relate to disciplinary and investigatory authority;
659-24 (5) the current budget for the commission;
659-25 (6) the results of the most recent formal audit of the
659-26 commission;
659-27 (7) the requirements of:
660-1 (A) the open meetings law, Chapter 551,
660-2 Government Code;
660-3 (B) the public information law, Chapter 552,
660-4 Government Code;
660-5 (C) the administrative procedure law, Chapter
660-6 2001, Government Code; and
660-7 (D) other laws relating to public officials,
660-8 including conflict of interest laws; and
660-9 (8) any applicable ethics policies adopted by the
660-10 commission or the Texas Ethics Commission.
660-11 (c) A person appointed to the commission is entitled to
660-12 reimbursement, as provided by the General Appropriations Act, for
660-13 the travel expenses incurred in attending the training program
660-14 regardless of whether the attendance at the program occurs before
660-15 or after the person qualifies for office.
660-16 (b) Section 6, Chapter 974, Acts of the 76th Legislature,
660-17 Regular Session, 1999, is repealed.
660-18 SECTION 14.566. Section 1702.041, Occupations Code, is
660-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
660-20 Legislature, Regular Session, 1999, to read as follows:
660-21 Sec. 1702.041. DIRECTOR. (a) The director is the chief
660-22 administrator of the commission [board]. The director shall perform
660-23 duties as prescribed by the commission [board].
660-24 (b) The director is a full-time employee of the commission
660-25 [board]. A commission [board] member may not serve as director.
660-26 SECTION 14.567. Section 1702.042, 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. 1702.042. PERSONNEL; CONFLICT OF INTEREST. An employee
661-3 of the commission [board] may not:
661-4 (1) have a financial or business interest, contingent
661-5 or otherwise, in a security services contractor or investigations
661-6 company; or
661-7 (2) be licensed under this chapter.
661-8 SECTION 14.568. Section 1702.043, Occupations Code, is
661-9 amended to conform to Sections 5 and 8, Chapter 974, Acts of the
661-10 76th Legislature, Regular Session, 1999, to read as follows:
661-11 Sec. 1702.043. DIVISION OF RESPONSIBILITIES. The commission
661-12 [board] shall develop and implement [adopt] policies that clearly
661-13 separate [define] the policy-making [respective] responsibilities
661-14 of the commission [board] and the management responsibilities of
661-15 the director and staff of the commission [board].
661-16 SECTION 14.569. Section 1702.044, Occupations Code, is
661-17 amended to conform to Sections 5 and 8, Chapter 974, Acts of the
661-18 76th Legislature, Regular Session, 1999, to read as follows:
661-19 Sec. 1702.044. QUALIFICATIONS AND STANDARDS OF CONDUCT
661-20 INFORMATION. The director or the director's designee [board] shall
661-21 provide to commission members and to agency employees, as often as
661-22 necessary, [to its members and employees] information regarding the
661-23 requirements for office or employment under this chapter, including
661-24 information regarding a person's [their:]
661-25 [(1) qualifications for office or employment under
661-26 this chapter; and]
661-27 [(2)] responsibilities under applicable laws relating
662-1 to standards of conduct for state officers or employees.
662-2 SECTION 14.570. Section 1702.045(b), Occupations Code, is
662-3 amended to conform to Section 5, Chapter 974, Acts of the 76th
662-4 Legislature, Regular Session, 1999, to read as follows:
662-5 (b) The director or the director's designee shall develop a
662-6 system of annual performance evaluations. All merit pay for
662-7 commission [board] employees must be based on the system
662-8 established under this subsection.
662-9 SECTION 14.571. (a) Section 1702.046, Occupations Code, is
662-10 amended to conform to Sections 5 and 9, Chapter 974, Acts of the
662-11 76th Legislature, Regular Session, 1999, to read as follows:
662-12 Sec. 1702.046. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT.
662-13 (a) The director or the director's designee shall prepare and
662-14 maintain a written policy statement that implements [to ensure
662-15 implementation of] an equal employment opportunity program to
662-16 ensure that [under which] all personnel decisions [transactions]
662-17 are made without regard to race, creed, color, disability, sex,
662-18 religion, age, or national origin. The policy statement must
662-19 include:
662-20 (1) personnel policies, including policies related to
662-21 recruitment, evaluation, selection, [appointment,] training, and
662-22 promotion of personnel, that show the intent of the commission to
662-23 avoid the unlawful employment practices described by Chapter 21,
662-24 Labor Code; and
662-25 (2) an [a comprehensive] analysis of the extent to
662-26 which the composition of the commission's personnel is in
662-27 accordance with [board's workforce that meets] federal and state
663-1 law and a description of reasonable methods to achieve compliance
663-2 with federal and state law [guidelines;]
663-3 [(3) procedures by which a determination can be made
663-4 of significant underuse in the board's workforce of all persons for
663-5 whom federal or state guidelines encourage a more equitable
663-6 balance; and]
663-7 [(4) reasonable methods to appropriately address those
663-8 areas of significant underuse].
663-9 (b) The policy statement must:
663-10 (1) be reviewed by the state Commission on Human
663-11 Rights for compliance with Subsection (a)(1) [cover an annual
663-12 period];
663-13 (2) be updated at least annually; and
663-14 (3) be filed with the governor.
663-15 [(c) The governor shall deliver a biennial report to the
663-16 legislature based on the information received under Subsection (b).
663-17 The report may be made separately or as a part of other biennial
663-18 reports made to the legislature.]
663-19 (b) Section 9, Chapter 974, Acts of the 76th Legislature,
663-20 Regular Session, 1999, is repealed.
663-21 SECTION 14.572. The heading of Subchapter D, Chapter 1702,
663-22 Occupations Code, is amended to conform to Section 5, Chapter 974,
663-23 Acts of the 76th Legislature, Regular Session, 1999, to read as
663-24 follows:
663-25 SUBCHAPTER D. POWERS AND DUTIES OF COMMISSION [BOARD]
663-26 SECTION 14.573. (a) Section 1702.061, Occupations Code, is
663-27 amended to conform to Sections 5, 8, and 10, Chapter 974, Acts of
664-1 the 76th Legislature, Regular Session, 1999, to read as follows:
664-2 Sec. 1702.061. GENERAL POWERS AND DUTIES OF COMMISSION
664-3 [BOARD]. (a) The Texas Commission on [Board of Private
664-4 Investigators and] Private Security [Agencies] shall perform the
664-5 functions and duties provided by this chapter.
664-6 (b) The commission shall adopt rules and general policies
664-7 to guide the agency in the administration of this chapter.
664-8 (c) The rules and policies adopted by the commission under
664-9 Subsection (b) must be consistent with this chapter and other
664-10 commission rules adopted under this chapter and with any other
664-11 applicable law, state rule, or federal regulation.
664-12 (d) The commission [board] has the powers and duties to:
664-13 (1) determine the qualifications of license holders,
664-14 registrants, and commissioned security officers;
664-15 (2) investigate alleged violations of this chapter and
664-16 of commission [board] rules;
664-17 (3) adopt rules necessary to implement this chapter;
664-18 and
664-19 (4) establish and enforce standards governing the
664-20 safety and conduct of each person licensed, registered, or
664-21 commissioned under this chapter.
664-22 (e) [(c)] The commission [board] shall have a seal in the
664-23 form prescribed by the commission [board].
664-24 (f) The commission may commission investigators who are
664-25 employed full-time by the commission as peace officers for the
664-26 limited purpose of assisting the commission in investigating
664-27 alleged violations of this chapter and of commission rules.
665-1 (b) Sections 8 and 10, Chapter 974, Acts of the 76th
665-2 Legislature, Regular Session, 1999, are repealed.
665-3 SECTION 14.574. Section 1702.062, Occupations Code, is
665-4 amended to conform to Sections 5 and 21, Chapter 974, Acts of the
665-5 76th Legislature, Regular Session, 1999, to read as follows:
665-6 Sec. 1702.062. FEES. (a) The commission [If the General
665-7 Appropriations Act does not specify the amount of a fee, the board]
665-8 by rule shall establish reasonable and necessary fees that produce
665-9 sufficient revenue to administer this chapter. The fees may not
665-10 produce unnecessary fund balances and may not exceed the following
665-11 amounts:
665-12 Class A license $250 [$225]
665-13 (original and renewal)
665-14 Class B license $300 [$225]
665-15 (original and renewal)
665-16 Class C license $440 [$340]
665-17 (original and renewal)
665-18 Reinstate suspended license $150
665-19 Assignment of license $150
665-20 Change name of license $ 75
665-21 Delinquency fee _____
665-22 Branch office certificate and renewal $200 [$150]
665-23 Registration fee for private investigator, manager,
665-24 branch office manager, and alarm systems installer $ 20
665-25 (original and renewal)
665-26 Registration fee for noncommissioned security
665-27 officer $ 25 [$ 35]
666-1 (original and renewal)
666-2 Registration fee for security salesperson $ 20
666-3 Registration fee for alarm systems monitor $ 20
666-4 Registration fee for dog trainer $ 20
666-5 Registration fee for owner, officer, partner, or
666-6 shareholder of a license holder $ 50 [$ 20]
666-7 Registration fee for security consultant $ 55
666-8 Security officer commission fee $ 50 [$ 35]
666-9 (original and renewal)
666-10 School instructor fee $100
666-11 (original and renewal)
666-12 School approval fee $250
666-13 (original and renewal)
666-14 Letter of authority fee for private business
666-15 and political subdivision $300
666-16 Letter of authority renewal fee for private
666-17 business and political subdivision $225
666-18 [(original and renewal)]
666-19 FBI fingerprint check $ 25
666-20 Duplicate pocket card $ 10
666-21 Employee information update fee $ 15
666-22 Burglar alarm sellers renewal fee $ 25
666-23 Personal protection officer authorization $ 50
666-24 (b) In addition to other fees established under this
666-25 chapter, the commission [board] may charge a fee each time the
666-26 commission [board] requires a person regulated under this chapter
666-27 to resubmit a set of fingerprints for processing by the commission
667-1 [board] during the application process for a license, registration,
667-2 or commission. The commission [board] shall set the fee in an
667-3 amount that is reasonable and necessary to cover the commission's
667-4 [board's] administrative expenses related to processing the
667-5 fingerprints.
667-6 SECTION 14.575. The heading of Section 1702.063, Occupations
667-7 Code, is amended to conform to Section 5, Chapter 974, Acts of the
667-8 76th Legislature, Regular Session, 1999, to read as follows:
667-9 Sec. 1702.063. COMMISSION [BOARD] USE OF FINES.
667-10 SECTION 14.576. Section 1702.064, Occupations Code, is
667-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
667-12 Legislature, Regular Session, 1999, to read as follows:
667-13 Sec. 1702.064. RULES RESTRICTING ADVERTISING OR COMPETITIVE
667-14 BIDDING. (a) The commission [board] may not adopt rules
667-15 restricting advertising or competitive bidding by a person
667-16 regulated by the commission [board] except to prohibit false,
667-17 misleading, or deceptive practices by the person.
667-18 (b) The commission [board] may not include in its rules to
667-19 prohibit false, misleading, or deceptive practices by a person
667-20 regulated by the commission [board] a rule that:
667-21 (1) restricts the person's use of any medium for
667-22 advertising;
667-23 (2) restricts the person's personal appearance or use
667-24 of the person's personal voice in an advertisement;
667-25 (3) relates to the size or duration of an
667-26 advertisement by the person; or
667-27 (4) restricts the person's advertisement under a trade
668-1 name.
668-2 SECTION 14.577. (a) Subchapter D, Chapter 1702, Occupations
668-3 Code, is amended to conform to Sections 5 and 22, Chapter 974, Acts
668-4 of the 76th Legislature, Regular Session, 1999, by adding Section
668-5 1702.0645 to read as follows:
668-6 Sec. 1702.0645. PAYMENT OF FEES AND FINES. (a) The
668-7 commission may adopt rules regarding the method of payment of a fee
668-8 or a fine assessed under this chapter.
668-9 (b) Rules adopted under this section may:
668-10 (1) authorize the use of electronic funds transfer or
668-11 a valid credit card issued by a financial institution chartered by
668-12 a state or the federal government or by a nationally recognized
668-13 credit organization approved by the commission; and
668-14 (2) require the payment of a discount or a reasonable
668-15 service charge for a credit card payment in addition to the fee or
668-16 the fine.
668-17 (b) Section 22, Chapter 974, Acts of the 76th Legislature,
668-18 Regular Session, 1999, is repealed.
668-19 SECTION 14.578. Section 1702.065, Occupations Code, is
668-20 amended to conform to Section 5, Chapter 974, Acts of the 76th
668-21 Legislature, Regular Session, 1999, to read as follows:
668-22 Sec. 1702.065. POWERS AND DUTIES RELATING TO ALARM SYSTEMS
668-23 INSTALLERS; CERTIFICATES OF INSTALLATION. (a) The commission
668-24 [board] may interpret and issue an opinion resolving a question
668-25 concerning the eligibility of an alarm system installation to
668-26 comply with Article 5.33A, Insurance Code. A commission [board]
668-27 interpretation or opinion relating to general conditions or an
669-1 individual installation is conclusive.
669-2 (b) The commission [board] may authorize an alarm systems
669-3 company to issue a certificate of installation showing that an
669-4 installation complies with Article 5.33A, Insurance Code. An
669-5 inspection otherwise required by the Insurance Code is not required
669-6 if a certificate is issued under this section. The certificate must
669-7 be furnished to the insurer, and the insurer shall determine
669-8 whether the person's property is in compliance with Article 5.33A,
669-9 Insurance Code, taking into consideration the installer's
669-10 certificate and information from any other investigation the
669-11 insurer determines to be appropriate.
669-12 SECTION 14.579. Section 1702.066, Occupations Code, is
669-13 amended to conform to Section 5, Chapter 974, Acts of the 76th
669-14 Legislature, Regular Session, 1999, to read as follows:
669-15 Sec. 1702.066. SERVICE OF PROCESS; SERVICE OF DOCUMENTS ON
669-16 COMMISSION [BOARD]. Legal process and documents required by law to
669-17 be served on or filed with the commission [board] must be served on
669-18 or filed with the director at the designated office of the
669-19 commission [board].
669-20 SECTION 14.580. Section 1702.067, Occupations Code, is
669-21 amended to conform to Section 5, Chapter 974, Acts of the 76th
669-22 Legislature, Regular Session, 1999, to read as follows:
669-23 Sec. 1702.067. COMMISSION [BOARD] RECORDS; EVIDENCE. An
669-24 official record of the commission [board] or an affidavit by the
669-25 director as to the content of the record is prima facie evidence of
669-26 a matter required to be kept by the commission [board].
669-27 SECTION 14.581. Section 1702.068, Occupations Code, is
670-1 amended to conform to Section 5, Chapter 974, Acts of the 76th
670-2 Legislature, Regular Session, 1999, to read as follows:
670-3 Sec. 1702.068. APPEAL BOND NOT REQUIRED. The commission
670-4 [board] is not required to give an appeal bond in any cause arising
670-5 under this chapter.
670-6 SECTION 14.582. Section 1702.069, Occupations Code, is
670-7 amended to conform to Section 5, Chapter 974, Acts of the 76th
670-8 Legislature, Regular Session, 1999, to read as follows:
670-9 Sec. 1702.069. ANNUAL REPORT. The commission [board] shall
670-10 file annually with the governor and the presiding officer of each
670-11 house of the legislature a complete and detailed written report
670-12 accounting for all money received and disbursed by the commission
670-13 [board] in the preceding fiscal year. The form of the annual
670-14 report and the reporting time are as provided in the General
670-15 Appropriations Act.
670-16 SECTION 14.583. Section 1702.081, Occupations Code, is
670-17 amended to conform to Section 5, Chapter 974, Acts of the 76th
670-18 Legislature, Regular Session, 1999, to read as follows:
670-19 Sec. 1702.081. PUBLIC INTEREST INFORMATION. (a) The
670-20 commission [board] shall prepare information of interest to
670-21 consumers or recipients of services regulated under this chapter
670-22 describing the commission's [board's] regulatory functions and the
670-23 procedures by which complaints are filed with and resolved by the
670-24 commission [board].
670-25 (b) The commission [board] shall make the information
670-26 available to the public and appropriate state agencies.
670-27 SECTION 14.584. (a) Section 1702.082, Occupations Code, is
671-1 amended to conform to Sections 5 and 35, Chapter 974, Acts of the
671-2 76th Legislature, Regular Session, 1999, to read as follows:
671-3 Sec. 1702.082. COMPLAINTS. (a) The commission [board] by
671-4 rule shall establish methods by which consumers and service
671-5 recipients are notified of the name, mailing address, and telephone
671-6 number of the commission [board] for the purpose of directing
671-7 complaints to the commission [board]. The commission [board] may
671-8 provide for that notice:
671-9 (1) on each registration form, application, or written
671-10 contract for services of a person regulated under this chapter;
671-11 (2) on a sign prominently displayed in the place of
671-12 business of each person regulated under this chapter; or
671-13 (3) in a bill for services provided by a person
671-14 regulated under this chapter.
671-15 (b) The commission [board] shall maintain a file on each
671-16 written complaint filed with the commission. The file must
671-17 include:
671-18 (1) the name of the person who filed the complaint;
671-19 (2) the date the complaint is received by the
671-20 commission;
671-21 (3) the subject matter of the complaint;
671-22 (4) the name of each person contacted in relation to
671-23 the complaint;
671-24 (5) a summary of the results of the review or
671-25 investigation of the complaint; and
671-26 (6) an explanation of the reason the file was closed,
671-27 if the agency closed the file without taking action other than to
672-1 investigate the complaint [keep an information file about each
672-2 complaint filed with the board relating to a person regulated by
672-3 the board].
672-4 (c) The commission shall provide to the person filing the
672-5 complaint a copy of the commission's policies and procedures
672-6 relating to complaint investigation and resolution.
672-7 (d) Unless it would jeopardize an undercover investigation,
672-8 the commission shall provide to each person who is a subject of the
672-9 complaint a copy of the commission's policies and procedures
672-10 relating to complaint investigation and resolution.
672-11 (e) The commission, at least quarterly until final
672-12 disposition of the complaint, shall notify the person filing the
672-13 complaint and each person who is a subject of the complaint of the
672-14 status of the investigation [If a written complaint is filed with
672-15 the board relating to a person regulated by the board, the board,
672-16 at least quarterly and until final disposition of the complaint,
672-17 shall notify the parties to the complaint of the status of the
672-18 complaint] unless the notice would jeopardize an undercover
672-19 investigation.
672-20 (b) Section 35, Chapter 974, Acts of the 76th Legislature,
672-21 Regular Session, 1999, is repealed.
672-22 SECTION 14.585. Section 1702.083, Occupations Code, is
672-23 amended to conform to Sections 5 and 11, Chapter 974, Acts of the
672-24 76th Legislature, Regular Session, 1999, to read as follows:
672-25 Sec. 1702.083. PUBLIC PARTICIPATION. The commission [board]
672-26 shall develop and implement [adopt] policies that provide the
672-27 public with a reasonable opportunity to appear before the
673-1 commission [board] and to speak on any issue under the commission's
673-2 [board's] jurisdiction.
673-3 SECTION 14.586. (a) Subchapter E, Chapter 1702, Occupations
673-4 Code, is amended to conform to Sections 5 and 16, Chapter 974, Acts
673-5 of the 76th Legislature, Regular Session, 1999, by adding Section
673-6 1702.084 to read as follows:
673-7 Sec. 1702.084. PUBLIC ACCESS TO CERTAIN RECORDS OF
673-8 DISCIPLINARY ACTIONS. (a) The commission shall make available to
673-9 the public through a toll-free telephone number, Internet website,
673-10 or other easily accessible medium determined by the commission the
673-11 following information relating to a disciplinary action taken
673-12 during the preceding three years regarding a person regulated by
673-13 the commission:
673-14 (1) the identity of the person;
673-15 (2) the nature of the complaint that was the basis of
673-16 the disciplinary action taken against the person; and
673-17 (3) the disciplinary action taken by the commission.
673-18 (b) In providing the information, the commission shall
673-19 present the information in an impartial manner, use language that
673-20 is commonly understood, and, if possible, avoid jargon specific to
673-21 the security industry.
673-22 (c) The commission shall update the information on a monthly
673-23 basis.
673-24 (d) The commission shall maintain the confidentiality of
673-25 information regarding the identification of a complainant.
673-26 (b) Section 16, Chapter 974, Acts of the 76th Legislature,
673-27 Regular Session, 1999, is repealed.
674-1 SECTION 14.587. Sections 1702.103(b), (c), and (d),
674-2 Occupations Code, are amended to conform to Section 5, Chapter 974,
674-3 Acts of the 76th Legislature, Regular Session, 1999, to read as
674-4 follows:
674-5 (b) A Class A, B, or C license does not authorize the
674-6 license holder to perform a service for which the license holder
674-7 has not qualified. A person may not engage in an operation outside
674-8 the scope of that person's license. The commission [board] shall
674-9 indicate on the license the services the license holder is
674-10 authorized to perform. The license holder may not perform a service
674-11 unless it is indicated on the license.
674-12 (c) A license is not assignable unless the assignment is
674-13 approved in advance by the commission [board].
674-14 (d) The commission [board] shall prescribe by rule the
674-15 procedure under which a license may be terminated.
674-16 SECTION 14.588. Section 1702.108, Occupations Code, is
674-17 amended to conform to Section 2, Chapter 974, Acts of the 76th
674-18 Legislature, Regular Session, 1999, to read as follows:
674-19 Sec. 1702.108. GUARD COMPANY. A person acts as a guard
674-20 company for the purposes of this chapter if the person employs an
674-21 individual described by Section 1702.323(d) or engages in the
674-22 business of or undertakes to provide a private watchman, guard, or
674-23 street patrol service on a contractual basis for another person to:
674-24 (1) prevent entry, larceny, vandalism, abuse, fire, or
674-25 trespass on private property;
674-26 (2) prevent, observe, or detect unauthorized activity
674-27 on private property;
675-1 (3) control, regulate, or direct the movement of the
675-2 public, whether by vehicle or otherwise, only to the extent and for
675-3 the time directly and specifically required to ensure the
675-4 protection of property;
675-5 (4) protect an individual from bodily harm including
675-6 through the use of a personal protection officer; or
675-7 (5) perform a function similar to a function listed in
675-8 this section.
675-9 SECTION 14.589. Section 1702.110, Occupations Code, is
675-10 amended to conform to Sections 5 and 19, Chapter 974, Acts of the
675-11 76th Legislature, Regular Session, 1999, to read as follows:
675-12 Sec. 1702.110. APPLICATION FOR LICENSE. An application for
675-13 a license under this chapter must be in the form prescribed by the
675-14 commission [board] and include:
675-15 (1) the full name and business address of the
675-16 applicant;
675-17 (2) the name under which the applicant intends to do
675-18 business;
675-19 (3) a statement as to the general nature of the
675-20 business in which the applicant intends to engage;
675-21 (4) a statement as to the classification for which the
675-22 applicant requests qualification;
675-23 (5) if the applicant is an entity other than an
675-24 individual, the full name and residence address of each partner,
675-25 officer, and director of the applicant, and of the applicant's
675-26 manager;
675-27 (6) if the applicant is an individual, two [one]
676-1 classifiable sets [set] of fingerprints of the applicant or, if the
676-2 applicant is an entity other than an individual, of each officer
676-3 and of each partner or shareholder who owns at least a 25 percent
676-4 interest in the applicant;
676-5 (7) a verified statement of the applicant's experience
676-6 qualifications in the particular classification in which the
676-7 applicant is applying;
676-8 (8) [letters from the police department of the
676-9 municipality and the sheriff's department of the county in which
676-10 the applicant resides:]
676-11 [(A) concerning the character of the applicant;
676-12 and]
676-13 [(B) containing any objection or recommendation
676-14 with respect to the application;]
676-15 [(9)] a report [letter] from the Texas Department of
676-16 Public Safety stating the applicant's record of any convictions for
676-17 a Class B misdemeanor or equivalent offense or a greater offense
676-18 [crime involving moral turpitude or a felony];
676-19 (9) [(10)] the social security number of the
676-20 individual making the application; and
676-21 (10) [(11)] other information, evidence, statements,
676-22 or documents required by the commission [board].
676-23 SECTION 14.590. Section 1702.111, Occupations Code, is
676-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
676-25 Legislature, Regular Session, 1999, to read as follows:
676-26 Sec. 1702.111. ISSUANCE OF BRANCH OFFICE LICENSE. (a) A
676-27 license holder, in accordance with Section 1702.129, shall notify
677-1 the commission [board] in writing of the establishment of a branch
677-2 office and file in writing with the commission [board] the address
677-3 of the branch office.
677-4 (b) On application by a license holder, the commission
677-5 [board] shall issue a branch office license.
677-6 SECTION 14.591. Section 1702.112, Occupations Code, is
677-7 amended to conform to Section 5, Chapter 974, Acts of the 76th
677-8 Legislature, Regular Session, 1999, to read as follows:
677-9 Sec. 1702.112. FORM OF LICENSE. The commission [board] shall
677-10 prescribe the form of a license, including a branch office license.
677-11 The license must include:
677-12 (1) the name of the license holder;
677-13 (2) the name under which the license holder is to
677-14 operate; and
677-15 (3) the license number and the date the license was
677-16 issued.
677-17 SECTION 14.592. (a) Section 1702.113, Occupations Code, is
677-18 amended to conform to Sections 5 and 18, Chapter 974, Acts of the
677-19 76th Legislature, Regular Session, 1999, to read as follows:
677-20 Sec. 1702.113. GENERAL QUALIFICATIONS FOR LICENSE. (a) An
677-21 applicant for a license or the applicant's manager must be at least
677-22 18 years of age and must [may] not:
677-23 (1) [have been convicted in any jurisdiction of a
677-24 felony, unless a full pardon has been granted;]
677-25 [(2)] have been convicted in any jurisdiction of a
677-26 Class A misdemeanor or equivalent offense or a greater offense
677-27 [involving moral turpitude during the seven-year period preceding
678-1 the date of application], unless a full pardon has been granted for
678-2 reasons relating to a wrongful conviction;
678-3 (2) have been convicted in any jurisdiction of a Class
678-4 B misdemeanor or equivalent offense for which the fifth anniversary
678-5 of the date of conviction has not occurred before the date of
678-6 application, unless a full pardon has been granted for reasons
678-7 relating to a wrongful conviction;
678-8 (3) have been found by a court to be incompetent by
678-9 reason of a mental defect or disease and not have been restored to
678-10 competency;
678-11 (4) be suffering from habitual drunkenness or from
678-12 narcotics addiction or dependence; or
678-13 (5) have been discharged from the United States armed
678-14 services under other than honorable conditions.
678-15 (b) The commission may deny an application for a license if
678-16 the applicant has been convicted in any jurisdiction of a Class B
678-17 misdemeanor or equivalent offense if the fifth anniversary of the
678-18 date of conviction has occurred before the date of application,
678-19 unless a full pardon has been granted for reasons relating to a
678-20 wrongful conviction.
678-21 (b) Section 18, Chapter 974, Acts of the 76th Legislature,
678-22 Regular Session, 1999, is repealed.
678-23 SECTION 14.593. Section 1702.114, Occupations Code, is
678-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
678-25 Legislature, Regular Session, 1999, to read as follows:
678-26 Sec. 1702.114. ADDITIONAL QUALIFICATIONS FOR INVESTIGATIONS
678-27 COMPANY LICENSE. (a) An applicant for a license to engage in the
679-1 business of an investigations company or the applicant's manager
679-2 must have, before the date of the application, three consecutive
679-3 years' experience in the investigative field as an employee,
679-4 manager, or owner of an investigations company or satisfy other
679-5 requirements set by the commission [board].
679-6 (b) The applicant's experience must be:
679-7 (1) reviewed by the commission [board] or the
679-8 director; and
679-9 (2) determined to be adequate to qualify the applicant
679-10 to engage in the business of an investigations company.
679-11 SECTION 14.594. Section 1702.115, Occupations Code, is
679-12 amended to conform to Section 5, Chapter 974, Acts of the 76th
679-13 Legislature, Regular Session, 1999, to read as follows:
679-14 Sec. 1702.115. ADDITIONAL QUALIFICATIONS FOR SECURITY
679-15 SERVICES CONTRACTOR LICENSE. (a) An applicant for a license to
679-16 engage in the business of a security services contractor or the
679-17 applicant's manager must have, before the date of the application,
679-18 two consecutive years' experience in each security services field
679-19 for which the person applies as an employee, manager, or owner of a
679-20 security services contractor or satisfy other requirements set by
679-21 the commission [board].
679-22 (b) The applicant's experience must have been obtained
679-23 legally and must be:
679-24 (1) reviewed by the commission [board] or the
679-25 director; and
679-26 (2) determined to be adequate to qualify the applicant
679-27 to engage in the business of a security services contractor.
680-1 SECTION 14.595. Section 1702.116, Occupations Code, is
680-2 amended to conform to Section 5, Chapter 974, Acts of the 76th
680-3 Legislature, Regular Session, 1999, to read as follows:
680-4 Sec. 1702.116. QUALIFICATIONS FOR GUARD DOG COMPANY LICENSE;
680-5 INSPECTIONS. (a) An applicant for a license to engage in the
680-6 business of a guard dog company must:
680-7 (1) meet the requirements of Sections 1702.113 and
680-8 1702.115; and
680-9 (2) present evidence satisfactory to the commission
680-10 [board] that the applicant will comply with the rules adopted under
680-11 this section.
680-12 (b) After consulting the Texas Department of Health, the
680-13 commission [board] shall adopt rules to ensure that the areas in
680-14 which a guard dog company houses, exercises, or trains its animals
680-15 are securely enclosed by a six-foot chain-link fence or made
680-16 equally secure.
680-17 (c) The commission [board] shall conduct regular inspections
680-18 to ensure compliance with the rules adopted under this section.
680-19 SECTION 14.596. (a) Sections 1702.117(a), (c), and (d),
680-20 Occupations Code, are amended to conform to Sections 5, 19, and
680-21 55(2), Chapter 974, Acts of the 76th Legislature, Regular Session,
680-22 1999, to read as follows:
680-23 (a) The commission shall [board may] require an applicant or
680-24 the applicant's manager to demonstrate qualifications in the
680-25 person's license classification, including knowledge of applicable
680-26 state laws and commission rules, by taking an examination to be
680-27 determined by the commission [board].
681-1 (c) The commission [board] shall set the reexamination fee
681-2 in an amount not to exceed the amount of the renewal fee for the
681-3 license classification for which application was made.
681-4 (d) The commission shall develop and provide to a person who
681-5 applies to take the examination under Subsection (a) material
681-6 containing all applicable state laws and commission rules. [If
681-7 requested in writing by a person who fails a licensing examination
681-8 administered under this chapter, the board shall furnish to the
681-9 person an analysis of the person's performance on the examination.]
681-10 (b) Section 19, Chapter 974, Acts of the 76th Legislature,
681-11 Regular Session, 1999, is repealed.
681-12 SECTION 14.597. Section 1702.118, Occupations Code, is
681-13 amended to conform to Sections 5, 20, and 55(2), Chapter 974, Acts
681-14 of the 76th Legislature, Regular Session, 1999, to read as follows:
681-15 Sec. 1702.118. EXAMINATION RESULTS. (a) Not later than the
681-16 30th day after the date a person takes a licensing examination
681-17 under this chapter, the commission [The board] shall notify the
681-18 person [each examinee] of the examination results [not later than
681-19 the 30th day after the date a licensing examination is
681-20 administered].
681-21 (b) If an examination is graded or reviewed by a [national]
681-22 testing service:
681-23 (1) [,] the commission [board] shall notify the person
681-24 [each examinee] of the examination results not later than the 14th
681-25 day after the date the commission [board] receives the results from
681-26 the testing service; and[.]
681-27 (2) if [(b) If the] notice of the [results of an]
682-1 examination results [graded or reviewed by a national testing
682-2 service] will be delayed for longer than 90 days after the
682-3 examination date, the commission [board] shall notify the person
682-4 [each examinee] of the reason for the delay before the 90th day.
682-5 (c) The commission may require a testing service to notify a
682-6 person of the results of the person's examination.
682-7 (d) If requested in writing by a person who fails a
682-8 licensing examination administered under this chapter, the
682-9 commission shall furnish the person with an analysis of the
682-10 person's performance on the examination.
682-11 SECTION 14.598. Subchapter F, Chapter 1702, Occupations Code,
682-12 is amended to conform to Sections 5 and 20, Chapter 974, Acts of
682-13 the 76th Legislature, Regular Session, 1999, by adding Sections
682-14 1702.1183 and 1702.1186 to read as follows:
682-15 Sec. 1702.1183. RECIPROCAL LICENSE FOR CERTAIN FOREIGN
682-16 APPLICANTS. (a) The commission may waive any prerequisite to
682-17 obtaining a license for an applicant who holds a license issued by
682-18 another jurisdiction with which this state has a reciprocity
682-19 agreement.
682-20 (b) The commission may make an agreement, subject to the
682-21 approval of the governor, with another state to allow for licensing
682-22 by reciprocity.
682-23 Sec. 1702.1186. PROVISIONAL LICENSE. (a) The commission may
682-24 issue a provisional license to an applicant currently licensed in
682-25 another jurisdiction who seeks an equivalent license in this state
682-26 and who:
682-27 (1) has been licensed in good standing as an
683-1 investigations company or security services contractor for at least
683-2 two years in another jurisdiction, including a foreign country,
683-3 that has licensing requirements substantially equivalent to the
683-4 requirements of this chapter;
683-5 (2) has passed a national or other examination
683-6 recognized by the commission relating to the practice of private
683-7 investigations or security services contracting; and
683-8 (3) is sponsored by a person licensed by the
683-9 commission under this chapter with whom the provisional license
683-10 holder will practice during the time the person holds a provisional
683-11 license.
683-12 (b) A provisional license is valid until the date the
683-13 commission approves or denies the provisional license holder's
683-14 application for a license. The commission shall issue a license
683-15 under this chapter to the provisional license holder if:
683-16 (1) the provisional license holder is eligible to be
683-17 licensed under Section 1702.1183; or
683-18 (2) the provisional license holder:
683-19 (A) passes the part of the examination under
683-20 Section 1702.117(a) that relates to the applicant's knowledge and
683-21 understanding of the laws and rules relating to the practice of an
683-22 investigations company or security services contractor in this
683-23 state;
683-24 (B) is verified by the commission as meeting the
683-25 academic and experience requirements for a license under this
683-26 chapter; and
683-27 (C) satisfies any other licensing requirements
684-1 under this chapter.
684-2 (c) The commission must approve or deny a provisional
684-3 license holder's application for a license not later than the 180th
684-4 day after the date the provisional license is issued. The
684-5 commission may extend the 180-day period if the results of an
684-6 examination have not been received by the commission before the end
684-7 of that period.
684-8 (d) The commission may establish a fee for provisional
684-9 licenses in an amount reasonable and necessary to cover the cost of
684-10 issuing the license.
684-11 SECTION 14.599. (a) Section 1702.119(b), Occupations Code,
684-12 is amended to conform to Sections 5 and 23, Chapter 974, Acts of
684-13 the 76th Legislature, Regular Session, 1999, to read as follows:
684-14 (b) An individual may not act as a manager until the
684-15 individual has:
684-16 (1) demonstrated the individual's qualifications by
684-17 passing the [a] written examination required by Section
684-18 1702.117(a); and
684-19 (2) made a satisfactory showing to the commission
684-20 [board] that the individual:
684-21 (A) satisfies the requirements of Section
684-22 1702.113 and either Section 1702.114 or Section 1702.115, as
684-23 appropriate; and
684-24 (B) has not engaged in conduct regarding a
684-25 violation or conviction that is grounds for disciplinary action
684-26 under Section 1702.361(b) or 1702.3615(a).
684-27 (b) Section 23, Chapter 974, Acts of the 76th Legislature,
685-1 Regular Session, 1999, is repealed.
685-2 SECTION 14.600. Section 1702.120(b), Occupations Code, is
685-3 amended to conform to Section 5, Chapter 974, Acts of the 76th
685-4 Legislature, Regular Session, 1999, to read as follows:
685-5 (b) An individual may not apply to the commission [board] to
685-6 serve as manager of an investigations company, guard company, alarm
685-7 systems company, armored car company, courier company, or guard dog
685-8 company without the intent to maintain that supervisory position on
685-9 a daily basis for that company.
685-10 SECTION 14.601. Section 1702.121, Occupations Code, is
685-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
685-12 Legislature, Regular Session, 1999, to read as follows:
685-13 Sec. 1702.121. TERMINATION OF MANAGER. A license holder
685-14 shall notify the commission [board] in writing not later than the
685-15 14th day after the date a manager ceases to be manager of the
685-16 license holder's business. The license remains in effect for a
685-17 reasonable period after notice is given as provided by commission
685-18 [board] rule pending the commission's [board's] determination of
685-19 the qualification of another manager under this subchapter.
685-20 SECTION 14.602. Section 1702.122, Occupations Code, is
685-21 amended to conform to Section 5, Chapter 974, Acts of the 76th
685-22 Legislature, Regular Session, 1999, to read as follows:
685-23 Sec. 1702.122. TEMPORARY CONTINUATION OF LICENSE HOLDER'S
685-24 BUSINESS. Under the terms provided by commission [board] rule, a
685-25 license holder's business may continue for a temporary period if
685-26 the individual on the basis of whose qualifications a license under
685-27 this chapter has been obtained ceases to be connected with the
686-1 license holder.
686-2 SECTION 14.603. Section 1702.123, Occupations Code, is
686-3 amended to conform to Section 5, Chapter 974, Acts of the 76th
686-4 Legislature, Regular Session, 1999, to read as follows:
686-5 Sec. 1702.123. INSURANCE; BOND. (a) A license holder shall
686-6 maintain on file with the commission [board] at all times the
686-7 surety bond and certificate of insurance required by this chapter.
686-8 (b) The commission [board] shall immediately suspend the
686-9 license of a license holder who violates Subsection (a).
686-10 (c) The commission [board] may rescind the license
686-11 suspension if the license holder provides proof to the commission
686-12 [board] that the bond or the insurance coverage is still in effect.
686-13 The license holder must provide the proof in a form satisfactory to
686-14 the commission [board] not later than the 10th day after the date
686-15 the license is suspended.
686-16 (d) After suspension of the license, the commission [board]
686-17 may not reinstate the license until an application, in the form
686-18 prescribed by the commission [board], is filed accompanied by a
686-19 proper bond, insurance certificate, or both. The commission [board]
686-20 may deny the application notwithstanding the applicant's compliance
686-21 with this section:
686-22 (1) for a reason that would justify suspending,
686-23 revoking, or denying a license; or
686-24 (2) if, during the suspension, the applicant performs
686-25 a practice for which a license is required.
686-26 SECTION 14.604. Sections 1702.124(a) and (e), Occupations
686-27 Code, are amended to conform to Section 5, Chapter 974, Acts of the
687-1 76th Legislature, Regular Session, 1999, to read as follows:
687-2 (a) The commission [board] may not issue a license unless
687-3 the applicant files with the commission [board]:
687-4 (1) evidence of a general liability insurance policy
687-5 on a certificate of insurance form prescribed by the commission
687-6 [board] and countersigned by an insurance agent licensed in this
687-7 state; or
687-8 (2) a certificate of insurance for surplus lines
687-9 coverage obtained under Article 1.14-2, Insurance Code, through a
687-10 licensed Texas surplus lines agent resident in this state.
687-11 (e) An insurance certificate executed and filed with the
687-12 commission [board] under this chapter remains in effect until the
687-13 insurer terminates future liability by providing to the commission
687-14 [board] at least 10 days' notice of the intent to terminate
687-15 liability.
687-16 SECTION 14.605. Section 1702.125, Occupations Code, is
687-17 amended to conform to Sections 5 and 55(7), Chapter 974, Acts of
687-18 the 76th Legislature, Regular Session, 1999, to read as follows:
687-19 Sec. 1702.125. BOND REQUIREMENT. [(a) The bond required by
687-20 this chapter must be payable to the state. A person injured by the
687-21 principal, or an officer, agent, or employee of the principal, is
687-22 entitled to sue directly on the bond in the person's own name. The
687-23 bond is subject to successive suits for recovery until complete
687-24 exhaustion of the face amount of the bond.]
687-25 [(b)] A bond executed and filed with the commission [board]
687-26 under this chapter remains in effect until the surety terminates
687-27 future liability by providing to the commission [board] at least 30
688-1 days' notice of the intent to terminate liability.
688-2 SECTION 14.606. Section 1702.126, Occupations Code, is
688-3 repealed to conform to the repeal of the law from which that
688-4 section was derived by Section 55(8), Chapter 974, Acts of the 76th
688-5 Legislature, Regular Session, 1999.
688-6 SECTION 14.607. Sections 1702.127(b) and (c), Occupations
688-7 Code, are amended to conform to Section 5, Chapter 974, Acts of the
688-8 76th Legislature, Regular Session, 1999, to read as follows:
688-9 (b) A license holder shall maintain a record containing
688-10 information related to the license holder's employees as required
688-11 by the commission [board].
688-12 (c) A license holder shall maintain for commission [board]
688-13 inspection at the license holder's principal place of business or
688-14 branch office two recent color photographs, of a type required by
688-15 the commission [board], of each applicant, registrant, commissioned
688-16 security officer, and employee of the license holder.
688-17 SECTION 14.608. Section 1702.129, Occupations Code, is
688-18 amended to conform to Section 5, Chapter 974, Acts of the 76th
688-19 Legislature, Regular Session, 1999, to read as follows:
688-20 Sec. 1702.129. NOTICE OF CERTAIN CHANGES; BRANCH OFFICES.
688-21 (a) A license holder shall notify the commission [board] not later
688-22 than the 14th day after the date of:
688-23 (1) a change of address for the license holder's
688-24 principal place of business;
688-25 (2) a change of a name under which the license holder
688-26 does business; or
688-27 (3) a change in the license holder's officers or
689-1 partners.
689-2 (b) A license holder shall notify the commission [board] in
689-3 writing not later than the 14th day after the date a branch office:
689-4 (1) is established;
689-5 (2) is closed; or
689-6 (3) changes address or location.
689-7 SECTION 14.609. Section 1702.131, Occupations Code, is
689-8 amended to conform to Section 5, Chapter 974, Acts of the 76th
689-9 Legislature, Regular Session, 1999, to read as follows:
689-10 Sec. 1702.131. ADVERTISING. An advertisement by a license
689-11 holder soliciting or advertising business must contain the license
689-12 holder's company name and address as stated in commission [board]
689-13 records.
689-14 SECTION 14.610. Section 1702.161(b), 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 (b) An individual employed as a security officer may not
689-18 knowingly carry a firearm during the course of performing duties as
689-19 a security officer unless the commission [board] has issued a
689-20 security officer commission to the individual.
689-21 SECTION 14.611. Section 1702.162, 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. 1702.162. EMPLOYER'S APPLICATION FOR SECURITY OFFICER
689-25 COMMISSION. The employer of a security officer who applies for a
689-26 security officer commission for the officer must submit an
689-27 application to the commission [board] on a form provided by the
690-1 commission [board].
690-2 SECTION 14.612. Section 1702.163, Occupations Code, is
690-3 amended to conform to Sections 5 and 25, Chapter 974, Acts of the
690-4 76th Legislature, Regular Session, 1999, to read as follows:
690-5 Sec. 1702.163. QUALIFICATIONS FOR SECURITY OFFICER
690-6 COMMISSION. (a) The commission [board] may not issue a security
690-7 officer commission to an applicant employed by a license holder
690-8 unless the applicant submits evidence satisfactory to the
690-9 commission [board] that the applicant has:
690-10 (1) completed the basic training course at a school or
690-11 under an instructor approved by the commission [board];
690-12 (2) met each qualification established by this chapter
690-13 and commission [board] rule; [and]
690-14 (3) achieved the score required by the commission on
690-15 the examination under Section 1702.1685; and
690-16 (4) demonstrated to the satisfaction of the firearm
690-17 training instructor that the applicant has complied with commission
690-18 standards for minimum marksmanship competency with a shotgun
690-19 [satisfied the firearm requirements in Section 1702.168(c)].
690-20 (b) The commission [board] may not issue a security officer
690-21 commission to an individual who:
690-22 (1) is younger than 18 years of age;
690-23 (2) is a convicted felon; or
690-24 (3) has committed an act that, if committed by a
690-25 license holder, would be grounds for suspension or revocation of a
690-26 license.
690-27 SECTION 14.613. Section 1702.164, Occupations Code, is
691-1 repealed to conform to the repeal of the law from which that
691-2 section was derived by Section 55(3), Chapter 974, Acts of the 76th
691-3 Legislature, Regular Session, 1999.
691-4 SECTION 14.614. Section 1702.165, Occupations Code, is
691-5 amended to conform to Section 5, Chapter 974, Acts of the 76th
691-6 Legislature, Regular Session, 1999, to read as follows:
691-7 Sec. 1702.165. ISSUANCE OF SECURITY OFFICER COMMISSION;
691-8 POCKET CARD. (a) The commission [board], with the concurrence of
691-9 the Texas Department of Public Safety:
691-10 (1) may issue a security officer commission to an
691-11 individual employed as a uniformed security officer; and
691-12 (2) shall issue a security officer commission to a
691-13 qualified employee of an armored car company that is a carrier
691-14 conducting the armored car business under a federal or state permit
691-15 or certificate.
691-16 (b) A security officer commission issued under this section
691-17 must be in the form of a pocket card designed by the commission
691-18 [board] that identifies the security officer.
691-19 SECTION 14.615. Section 1702.166(b), Occupations Code, is
691-20 amended to conform to Section 5, Chapter 974, Acts of the 76th
691-21 Legislature, Regular Session, 1999, to read as follows:
691-22 (b) The commission [board], with the concurrence of the
691-23 Texas Department of Public Safety, may issue a security officer
691-24 commission that is broader in geographical scope than that
691-25 specified in Subsection (a) if the broader scope is shown to be in
691-26 the public interest and necessary to the performance of the
691-27 security officer's duties.
692-1 SECTION 14.616. (a) Section 1702.167, Occupations Code, is
692-2 amended to conform to Sections 5, 24, and 55(3), Chapter 974, Acts
692-3 of the 76th Legislature, Regular Session, 1999, to read as follows:
692-4 Sec. 1702.167. TERMINATION OF EMPLOYMENT AS COMMISSIONED
692-5 SECURITY OFFICER; TRANSFER OF COMMISSION. [(a) If the holder of a
692-6 security officer commission terminates the individual's employment,
692-7 the employer shall notify the board not later than the 14th day
692-8 after the date of termination of the employment.]
692-9 [(b)] The holder of a security officer commission who
692-10 terminates employment with one employer may transfer the
692-11 individual's commission to a new employer if, not later than the
692-12 14th [10th] day after the date the individual begins the new
692-13 employment, the new employer notifies the commission [board] of the
692-14 transfer of employment on a form prescribed by the commission
692-15 [board], accompanied by payment of the employee information update
692-16 fee.
692-17 (b) Section 24, Chapter 974, Acts of the 76th Legislature,
692-18 Regular Session, 1999, is repealed.
692-19 SECTION 14.617. Subchapter G, Chapter 1702, Occupations Code,
692-20 is amended to conform to Sections 5 and 25, Chapter 974, Acts of
692-21 the 76th Legislature, Regular Session, 1999, by adding Section
692-22 1702.1675 to read as follows:
692-23 Sec. 1702.1675. TRAINING PROGRAMS. (a) The commission shall
692-24 establish a basic training course for commissioned security
692-25 officers. The course must include, at a minimum:
692-26 (1) general security officer training issues;
692-27 (2) classroom instruction on handgun proficiency; and
693-1 (3) range instruction on handgun proficiency.
693-2 (b) The course must be offered and taught by schools and
693-3 instructors approved by the commission. To receive commission
693-4 approval, a school or an instructor must submit an application to
693-5 the commission on a form provided by the commission.
693-6 (c) The basic training course approved by the commission
693-7 must consist of a minimum of 30 hours.
693-8 (d) The general security officer training portion of the
693-9 course must include instruction on:
693-10 (1) commission rules and applicable state laws;
693-11 (2) field note taking and report writing; and
693-12 (3) any other topics of security officer training
693-13 curriculum the commission considers necessary.
693-14 (e) The commission shall develop a commissioned security
693-15 officer training manual that contains applicable state laws and
693-16 commission rules to be used in the instruction and training of
693-17 commissioned security officers.
693-18 (f) The commission shall adopt rules necessary to administer
693-19 the provisions of this section concerning the training requirements
693-20 of this chapter.
693-21 (g) The handgun proficiency course must include at least 10
693-22 hours and not more than 15 hours of instruction on:
693-23 (1) the laws that relate to weapons and to the use of
693-24 deadly force;
693-25 (2) handgun use, proficiency, and safety;
693-26 (3) nonviolent dispute resolution; and
693-27 (4) proper storage practices for handguns, with an
694-1 emphasis on storage practices that eliminate the possibility of
694-2 accidental injury to a child.
694-3 (h) The range instruction on handgun proficiency must
694-4 include an actual demonstration by the applicant of the applicant's
694-5 ability to safely and proficiently use a handgun. The applicant
694-6 must demonstrate, at a minimum, the degree of proficiency that is
694-7 required to effectively operate a 9-millimeter or .38-caliber
694-8 handgun.
694-9 (i) The commission by rule shall establish minimum standards
694-10 for handgun proficiency that are at least as stringent as the
694-11 standards for handgun proficiency developed by the public safety
694-12 director under Section 411.188, Government Code.
694-13 SECTION 14.618. Section 1702.168, Occupations Code, is
694-14 amended to conform to Sections 5 and 25, Chapter 974, Acts of the
694-15 76th Legislature, Regular Session, 1999, to read as follows:
694-16 Sec. 1702.168. FIREARM REQUIREMENTS. (a) In addition to
694-17 the requirements of Section 1702.163(a), the commission [board] by
694-18 rule shall establish other qualifications for individuals who are
694-19 employed in positions requiring the carrying of firearms. The
694-20 qualifications may include:
694-21 (1) physical and mental standards;
694-22 (2) standards of good moral character; and
694-23 (3) other requirements that relate to the competency
694-24 and reliability of individuals to carry firearms.
694-25 (b) The commission [board] shall prescribe appropriate forms
694-26 and adopt rules by which evidence is presented that the
694-27 requirements are fulfilled.
695-1 [(c) The board shall require a commissioned security officer
695-2 and an applicant for a security officer commission to demonstrate
695-3 to the satisfaction of a firearm training instructor who is
695-4 employed by a board-approved training school that the individual
695-5 has:]
695-6 [(1) attained proficiency in the use of firearms;]
695-7 [(2) complied with board standards for minimum
695-8 marksmanship competency with a shotgun; and]
695-9 [(3) attained with a handgun:]
695-10 [(A) a minimum average marksmanship competency
695-11 of 160 out of 300 on an "Army L" target or a minimum of 80 out of
695-12 150 on an FBI Silhouette target (NRA B-27), at 50 feet with 10
695-13 shots slow fire, 10 shots time fire, and 10 shots double-action; or]
695-14 [(B) compliance with board standards of
695-15 marksmanship.]
695-16 [(d) An applicant for a security officer commission must
695-17 demonstrate the required proficiency within the 90-day period
695-18 before the date the security officer commission is issued.]
695-19 [(e) A commissioned security officer must demonstrate the
695-20 required proficiency within the 90-day period before the date the
695-21 commission is renewed.]
695-22 [(f) The school shall maintain the records of the required
695-23 proficiency and make the records available for inspection by the
695-24 board.]
695-25 SECTION 14.619. Subchapter G, Chapter 1702, Occupations Code,
695-26 is amended to conform to Sections 5, 25, and 26, Chapter 974, Acts
695-27 of the 76th Legislature, Regular Session, 1999, by adding Section
696-1 1702.1685 to read as follows:
696-2 Sec. 1702.1685. HANDGUN PROFICIENCY EXAMINATION. (a) The
696-3 proficiency examination required to obtain or renew a security
696-4 officer commission must include:
696-5 (1) a written section on the subjects listed in
696-6 Section 1702.1675(g); and
696-7 (2) a physical demonstration of handgun proficiency
696-8 that meets the minimum standards established under Section
696-9 1702.1675(h) or (i).
696-10 (b) Only a commission-approved instructor may administer the
696-11 handgun proficiency examination.
696-12 (c) An applicant for a security officer commission must
696-13 demonstrate the required proficiency within the 90-day period
696-14 before the date the security officer commission is issued.
696-15 (d) The school shall maintain the records of the required
696-16 proficiency and make the records available for inspection by the
696-17 commission.
696-18 SECTION 14.620. Section 1702.171, Occupations Code, is
696-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
696-20 Legislature, Regular Session, 1999, to read as follows:
696-21 Sec. 1702.171. SECURITY OFFICER COMMISSION RECORDS. The
696-22 commission [board] shall adopt rules for the maintenance of records
696-23 relating to an individual to whom the commission [board] has issued
696-24 a security officer commission.
696-25 SECTION 14.621. Section 1702.183, Occupations Code, is
696-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
696-27 Legislature, Regular Session, 1999, to read as follows:
697-1 Sec. 1702.183. APPLICATION FOR LETTER OF AUTHORITY. A
697-2 security department of a private business or of a political
697-3 subdivision that applies for a security officer commission for an
697-4 individual employed by the department must submit an application to
697-5 the commission [board] for a letter of authority on a form provided
697-6 by the commission [board].
697-7 SECTION 14.622. Section 1702.203, Occupations Code, is
697-8 amended to conform to Section 5, Chapter 974, Acts of the 76th
697-9 Legislature, Regular Session, 1999, to read as follows:
697-10 Sec. 1702.203. APPLICATION FOR PERSONAL PROTECTION OFFICER
697-11 AUTHORIZATION. An applicant for a personal protection officer
697-12 authorization must submit a written application on a form
697-13 prescribed by the commission [board].
697-14 SECTION 14.623. Section 1702.204, Occupations Code, is
697-15 amended to conform to Section 5, Chapter 974, Acts of the 76th
697-16 Legislature, Regular Session, 1999, to read as follows:
697-17 Sec. 1702.204. PERSONAL PROTECTION OFFICER AUTHORIZATION;
697-18 QUALIFICATIONS. (a) An applicant for a personal protection officer
697-19 authorization must be at least 21 years of age and must provide:
697-20 (1) a certificate of completion of the basic security
697-21 officer training course;
697-22 (2) proof that the applicant:
697-23 (A) has been issued a security officer
697-24 commission;
697-25 (B) is employed at the time of application by an
697-26 investigations company or guard company licensed by the commission
697-27 [board]; and
698-1 (C) has completed the required training in
698-2 nonlethal self-defense or defense of a third person; and
698-3 (3) proof of completion and the results of the
698-4 Minnesota Multiphasic Personality Inventory psychological testing.
698-5 (b) The commission [board] by rule shall require an
698-6 applicant for a personal protection officer authorization to
698-7 complete the Minnesota Multiphasic Personality Inventory test. The
698-8 commission [board] may use the results of the test to evaluate the
698-9 applicant's psychological fitness.
698-10 SECTION 14.624. Section 1702.205, Occupations Code, is
698-11 amended to conform to Section 5, Chapter 974, Acts of the 76th
698-12 Legislature, Regular Session, 1999, and to the repeal by this Act
698-13 of Section 1702.237, Occupations Code, to read as follows:
698-14 Sec. 1702.205. PERSONAL PROTECTION OFFICER TRAINING.
698-15 (a) The commission [board] shall establish a 15-hour course for a
698-16 personal protection officer consisting of training in nonlethal
698-17 self-defense or defense of a third person.
698-18 (b) The training required by this section is in addition to
698-19 the basic training course for security officers [required under
698-20 Section 1702.237].
698-21 SECTION 14.625. Section 1702.221, Occupations Code, is
698-22 amended to conform to Section 5, Chapter 974, Acts of the 76th
698-23 Legislature, Regular Session, 1999, to read as follows:
698-24 Sec. 1702.221. REGISTRATION REQUIRED. An individual must
698-25 register with the commission [board] as provided by commission
698-26 [board] rule if the individual:
698-27 (1) is employed as an alarm systems installer, alarm
699-1 systems monitor, dog trainer, manager or branch office manager,
699-2 noncommissioned security officer, private investigator, private
699-3 security consultant, or security salesperson; or
699-4 (2) is an owner, officer, partner, or shareholder of a
699-5 license holder.
699-6 SECTION 14.626. (a) Section 1702.226, Occupations Code, is
699-7 amended to conform to Section 2, Chapter 974, Acts of the 76th
699-8 Legislature, Regular Session, 1999, to read as follows:
699-9 Sec. 1702.226. PRIVATE SECURITY CONSULTANT. An individual
699-10 acts as a private security consultant for purposes of this chapter
699-11 if the individual:
699-12 (1) consults, advises, trains, or specifies or
699-13 recommends products, services, methods, or procedures in the
699-14 security loss prevention industry;
699-15 (2) provides a service described by Subdivision (1) on
699-16 an independent basis and without being affiliated with a particular
699-17 service or product; and
699-18 (3) meets the experience requirements established by
699-19 the commission [offers advice or services in the field of private
699-20 security].
699-21 (b) Section 2, Chapter 974, Acts of the 76th Legislature,
699-22 Regular Session, 1999, is repealed.
699-23 SECTION 14.627. Section 1702.228, Occupations Code, is
699-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
699-25 Legislature, Regular Session, 1999, to read as follows:
699-26 Sec. 1702.228. EMPLOYEE OF LICENSE HOLDER; REGISTRATION
699-27 PERMITTED. An employee of a license holder who is employed in a
700-1 capacity that is not subject to mandatory registration under this
700-2 subchapter may register with the commission [board].
700-3 SECTION 14.628. Section 1702.229(b), Occupations Code, is
700-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
700-5 Legislature, Regular Session, 1999, to read as follows:
700-6 (b) The commission [board] by rule may adopt additional
700-7 qualifications for an individual to be registered under this
700-8 subchapter.
700-9 SECTION 14.629. Section 1702.230(a), Occupations Code, is
700-10 amended to conform to Section 5, Chapter 974, Acts of the 76th
700-11 Legislature, Regular Session, 1999, to read as follows:
700-12 (a) An application for registration must be verified and
700-13 include:
700-14 (1) the applicant's full name, residence address,
700-15 residence telephone number, date and place of birth, and social
700-16 security number;
700-17 (2) a statement that:
700-18 (A) lists each name used by the applicant, other
700-19 than the name by which the applicant is known at the time of
700-20 application, and an explanation stating each place where each name
700-21 was used, the date of each use, and a full explanation of the
700-22 reasons the name was used; or
700-23 (B) states that the applicant has never used a
700-24 name other than the name by which the applicant is known at the
700-25 time of application;
700-26 (3) the name and address of the applicant's employer
700-27 and, if applicable, the applicant's consulting firm;
701-1 (4) the date the employment commenced;
701-2 (5) a letter from the license holder requesting that
701-3 the applicant be registered;
701-4 (6) the title of the position occupied by the
701-5 applicant and a description of the applicant's duties; and
701-6 (7) any other information, evidence, statement, or
701-7 document required by the commission [board].
701-8 SECTION 14.630. (a) Subchapter J, Chapter 1702, Occupations
701-9 Code, is amended to conform to Sections 5 and 20, Chapter 974, Acts
701-10 of the 76th Legislature, Regular Session, 1999, by adding Section
701-11 1702.2305 to read as follows:
701-12 Sec. 1702.2305. PROVISIONAL REGISTRATION. (a) The
701-13 commission may issue a provisional registration to an applicant
701-14 currently registered in another jurisdiction who seeks an
701-15 equivalent registration in this state and who:
701-16 (1) has been registered in good standing in the field
701-17 in which the registration is sought for at least two years in
701-18 another jurisdiction, including a foreign country, that has
701-19 registration requirements substantially equivalent to the
701-20 requirements of this chapter;
701-21 (2) has passed a national or other examination
701-22 recognized by the commission relating to practice in the field in
701-23 which the registration is sought; and
701-24 (3) is employed by a person licensed by the commission
701-25 under this chapter with whom the provisional registration holder
701-26 will practice during the time the person holds a provisional
701-27 registration.
702-1 (b) A provisional registration is valid until the date the
702-2 commission approves or denies the provisional registration holder's
702-3 application for a registration. The commission shall issue a
702-4 registration under this chapter to the provisional registration
702-5 holder if the provisional registration holder is eligible to be
702-6 registered under this chapter.
702-7 (c) The commission must approve or deny a provisional
702-8 registration holder's application for a registration not later than
702-9 the 180th day after the date the provisional registration is
702-10 issued. The commission may extend the 180-day period if the
702-11 results of an examination have not been received by the commission
702-12 before the end of that period.
702-13 (d) The commission may establish a fee for provisional
702-14 registration in an amount reasonable and necessary to cover the
702-15 cost of issuing the registration.
702-16 (b) Section 20, Chapter 974, Acts of the 76th Legislature,
702-17 Regular Session, 1999, is repealed.
702-18 SECTION 14.631. Section 1702.231, Occupations Code, is
702-19 repealed to conform to the repeal of the law from which that law
702-20 was derived by Section 55(4), Chapter 974, Acts of the 76th
702-21 Legislature, Regular Session, 1999.
702-22 SECTION 14.632. Sections 1702.232(a) and (b), Occupations
702-23 Code, are amended to conform to Sections 5 and 27, Chapter 974,
702-24 Acts of the 76th Legislature, Regular Session, 1999, to read as
702-25 follows:
702-26 (a) The commission [board] shall issue a pocket card for
702-27 each registrant under this chapter. A pocket card for an owner,
703-1 officer, partner, or shareholder of a license holder shall be
703-2 issued to the license holder.
703-3 (b) The commission [board] shall determine the size, design,
703-4 and content of the pocket card.
703-5 SECTION 14.633. Section 1702.233, Occupations Code, is
703-6 amended to conform to Sections 27, 29, and 55(5), Chapter 974, Acts
703-7 of the 76th Legislature, Regular Session, 1999, to read as follows:
703-8 Sec. 1702.233. DURATION OF POCKET CARDS [FOR CERTAIN
703-9 REGISTRANTS]. [(a)] A pocket card issued for a registrant [other
703-10 than a noncommissioned security officer is issued to the
703-11 registrant's employer,] is valid for two years[,] and expires on
703-12 the date the registration expires under Section 1702.301(d), (e),
703-13 or (f).
703-14 [(b) A registrant other than a noncommissioned security
703-15 officer must return the registrant's pocket card to the license
703-16 holder at the time the registrant ceases employment in the position
703-17 for which the registration is required.]
703-18 [(c) If an employee who was registered as a private
703-19 investigator, manager, branch office manager, alarm systems
703-20 installer, private security consultant, security salesperson, alarm
703-21 systems monitor, or dog trainer ceases to be an employee of a
703-22 license holder, the license holder shall return the employee's
703-23 pocket card to the board.]
703-24 [(d) If an individual ceases to be an owner, officer,
703-25 partner, or shareholder of a license holder, the license holder
703-26 shall return the pocket card held by that individual to the board.]
703-27 SECTION 14.634. (a) Section 1702.234, Occupations Code, is
704-1 amended to conform to Sections 5, 27, 29, and 55(5), Chapter 974,
704-2 Acts of the 76th Legislature, Regular Session, 1999, to read as
704-3 follows:
704-4 Sec. 1702.234. REGISTRATION TRANSFER. [POCKET CARDS FOR
704-5 NONCOMMISSIONED SECURITY OFFICERS. (a) A pocket card issued to a
704-6 noncommissioned security officer is issued to the individual
704-7 employee, is valid for four years, and expires on the date the
704-8 registration expires under Section 1702.301(g).]
704-9 [(b) An employee who is registered as a noncommissioned
704-10 security officer who ceases employment as a noncommissioned
704-11 security officer may retain the pocket card for use in future
704-12 employment and may transfer the registration to a new employer as
704-13 provided by Subsection (c).]
704-14 [(c)] A registrant [noncommissioned security officer] may
704-15 transfer the registrant's registration from one employer to another
704-16 employer if, not later than the 14th [10th] day after the date the
704-17 registrant begins the new employment, the new employer notifies the
704-18 commission [board] of the transfer of employment on a form
704-19 prescribed by the commission [board] accompanied by payment of the
704-20 employee information update fee.
704-21 (b) Section 29, Chapter 974, Acts of the 76th Legislature,
704-22 Regular Session, 1999, is repealed.
704-23 SECTION 14.635. Section 1702.235, Occupations Code, is
704-24 amended to conform to Section 5, Chapter 974, Acts of the 76th
704-25 Legislature, Regular Session, 1999, to read as follows:
704-26 Sec. 1702.235. PREEMPLOYMENT CHECK FOR NONCOMMISSIONED
704-27 SECURITY OFFICERS. A person may not hire a noncommissioned
705-1 security officer unless the person conducts a preemployment check
705-2 as required by commission [board] rule.
705-3 SECTION 14.636. Section 1702.236, Occupations Code, is
705-4 repealed to conform to the repeal of the law from which that
705-5 section was derived by Section 55(5), Chapter 974, Acts of the 76th
705-6 Legislature, Regular Session, 1999.
705-7 SECTION 14.637. Section 1702.237, Occupations Code, is
705-8 repealed to conform to Section 25, Chapter 974, Acts of the 76th
705-9 Legislature, Regular Session, 1999, and to the transfer by this Act
705-10 of the substance of that section to Section 1702.1675, Occupations
705-11 Code.
705-12 SECTION 14.638. Section 1702.238, Occupations Code, is
705-13 repealed to conform to Section 11, Chapter 974, Acts of the 76th
705-14 Legislature, Regular Session, 1999, and to the transfer by this Act
705-15 of the substance of that section to Section 1702.308, Occupations
705-16 Code.
705-17 SECTION 14.639. Sections 1702.239(a), (b), and (d),
705-18 Occupations Code, are amended to conform to Section 5, Chapter 974,
705-19 Acts of the 76th Legislature, Regular Session, 1999, to read as
705-20 follows:
705-21 (a) The commission [board] may require that an individual
705-22 employed as an alarm systems installer or security salesperson hold
705-23 a certification by a commission-approved [board-approved] training
705-24 program to renew an initial registration. The commission [board]
705-25 may approve only nationally recognized training programs that
705-26 consist of at least 20 hours of classroom study in the areas of
705-27 work allowed by the registration. To be approved, a training
706-1 program must offer at least two certification programs each year,
706-2 sufficient to complete the requirements of this subsection, within
706-3 100 miles of each county in the state that has a population of more
706-4 than 500,000.
706-5 (b) The commission [board] may require an individual who has
706-6 completed a training program under Subsection (a) to pass an
706-7 examination given by the commission [board] or by a person approved
706-8 by the commission [board]. The commission [board] may approve
706-9 examinations in conjunction with training programs approved under
706-10 Subsection (a). The individual's performance on the examination
706-11 must demonstrate the individual's qualifications to perform the
706-12 duties allowed by the individual's registration.
706-13 (d) If the commission [board] requires certification or
706-14 examination under this section, the commission [board] shall
706-15 implement rules to require that to renew a registration, an
706-16 individual who is employed as an alarm systems installer or a
706-17 security salesperson and who has already once renewed the
706-18 registration must obtain continuing education credits related to
706-19 the line of work for which the individual is licensed. If the
706-20 commission [board] requires the continuing education, the director
706-21 must approve classes offered by nationally recognized
706-22 organizations, and participants in the classes must qualify
706-23 according to commission [board] rules.
706-24 SECTION 14.640. Section 1702.240(b), Occupations Code, is
706-25 amended to conform to Section 5, Chapter 974, Acts of the 76th
706-26 Legislature, Regular Session, 1999, to read as follows:
706-27 (b) An employee of a license holder who is employed
707-1 exclusively as an undercover agent is not required to register with
707-2 the commission [board].
707-3 SECTION 14.641. Section 1702.262, Occupations Code, is
707-4 amended to conform to Section 5, Chapter 974, Acts of the 76th
707-5 Legislature, Regular Session, 1999, to read as follows:
707-6 Sec. 1702.262. SELLERS OF CERTAIN DEVICES. A person may
707-7 sell a detection device or other device for preventing or detecting
707-8 burglary if:
707-9 (1) the person does not install, repair, or maintain
707-10 detection devices;
707-11 (2) the person holds a seller's certificate;
707-12 (3) the person, or the manufacturer or distributor of
707-13 the device that the person sells, files with the commission [board]
707-14 a certificate evidencing insurance for liability for bodily injury
707-15 or property damage arising from faulty or defective products in an
707-16 amount of not less than $1 million combined single limit, provided
707-17 that the policy of insurance need not relate exclusively to
707-18 burglary devices;
707-19 (4) the person, or the manufacturer or distributor of
707-20 the device that the person sells, files with the commission [board]
707-21 a surety bond executed by a surety company authorized to do
707-22 business in this state in the sum of $10,000 in favor of the state;
707-23 and
707-24 (5) the person is not employed by a security services
707-25 contractor.
707-26 SECTION 14.642. Section 1702.263, Occupations Code, is
707-27 amended to conform to Section 5, Chapter 974, Acts of the 76th
708-1 Legislature, Regular Session, 1999, to read as follows:
708-2 Sec. 1702.263. APPLICATION FOR SELLER'S CERTIFICATE. (a)
708-3 To obtain a seller's certificate, a person must:
708-4 (1) submit to the commission [board] an application
708-5 that includes the person's full name, residence telephone number,
708-6 date and place of birth, and social security number and two sets of
708-7 classifiable fingerprints; and
708-8 (2) pay to the commission [board] a seller's
708-9 certificate fee established by the commission [board] in an amount
708-10 not to exceed $25.
708-11 (b) The commission [board] shall approve an application for
708-12 a seller's certificate and issue the certificate to the applicant
708-13 unless:
708-14 (1) the background check of the applicant discloses a
708-15 felony conviction for which a full pardon has not been granted; or
708-16 (2) any information provided in the application is
708-17 false.
708-18 SECTION 14.643. Section 1702.267, Occupations Code, is
708-19 amended to conform to Section 5, Chapter 974, Acts of the 76th
708-20 Legislature, Regular Session, 1999, to read as follows:
708-21 Sec. 1702.267. SUSPENSION OR REVOCATION OF SELLER'S
708-22 CERTIFICATE. On conviction under Section 1702.388 for a violation
708-23 of this subchapter, the commission [board] may revoke or suspend a
708-24 seller's certificate after a hearing conducted under Subchapter O.
708-25 SECTION 14.644. Section 1702.281, Occupations Code, is
708-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
708-27 Legislature, Regular Session, 1999, to read as follows:
709-1 Sec. 1702.281. NOTICE TO LAW ENFORCEMENT. The commission
709-2 [board] shall provide to the sheriff of the county and the chief of
709-3 police of the principal municipality of the county in which a
709-4 person regulated under this chapter resides notice of the issuance,
709-5 revocation, reinstatement, or expiration of a license,
709-6 registration, or commission issued by the commission [board].
709-7 SECTION 14.645. (a) Section 1702.282, Occupations Code, is
709-8 amended to conform to Sections 5, 30, and 55(6), Chapter 974, Acts
709-9 of the 76th Legislature, Regular Session, 1999, to read as follows:
709-10 Sec. 1702.282. CRIMINAL HISTORY CHECK. (a) [The board shall
709-11 deny an application for a person who does not provide two complete
709-12 sets of fingerprints on forms prescribed by the board or fails to
709-13 pay a required fee.]
709-14 [(b)] The commission [board] shall conduct a criminal
709-15 history check, including a check of any criminal history record
709-16 information maintained by the Federal Bureau of Investigation, in
709-17 the manner provided by Subchapter F, Chapter 411, Government Code,
709-18 on each applicant for a license, registration, [or] security
709-19 officer commission, letter of approval, permit, or certification.
709-20 An applicant is not eligible for a license, registration, [or]
709-21 commission, letter of approval, permit, or certification if the
709-22 check reveals that the applicant has committed an act that
709-23 constitutes grounds for the denial of the license, registration,
709-24 [or] commission, letter of approval, permit, or certification.
709-25 Each applicant shall include in the application two complete sets
709-26 of fingerprints on forms prescribed by the commission accompanied
709-27 by the fee set by the commission.
710-1 (b) [(c)] Before beginning employment as a commissioned
710-2 security officer, the applicant must be approved by the commission
710-3 [board] based on the results of the check under Subsection (a)
710-4 [(b)]. To continue employment in a capacity regulated under this
710-5 chapter other than as a commissioned security officer, the
710-6 applicant must be approved by the commission [board] based on the
710-7 results of the check under Subsection (a) [(b)] not later than the
710-8 120th day after the date the applicant begins employment in that
710-9 capacity.
710-10 (c) [(d)] A license, registration, security officer
710-11 commission, letter of approval, [or] permit, or certification
710-12 issued by the commission [board] is conditional on the commission's
710-13 [board's] receipt of criminal history record information.
710-14 (b) Section 30, Chapter 974, Acts of the 76th Legislature,
710-15 Regular Session, 1999, is repealed.
710-16 SECTION 14.646. Section 1702.284, Occupations Code, is
710-17 amended to conform to Section 5, Chapter 974, Acts of the 76th
710-18 Legislature, Regular Session, 1999, to read as follows:
710-19 Sec. 1702.284. ALARM SYSTEMS RECORDS CONFIDENTIAL.
710-20 Information contained in alarm systems records maintained by a
710-21 governmental body that concerns the location of an alarm system,
710-22 the name of the occupant of an alarm system location, or the type
710-23 of alarm system used is confidential and may be disclosed only to
710-24 the commission [board] or as otherwise required by state law or
710-25 court order.
710-26 SECTION 14.647. (a) Section 1702.301, Occupations Code, is
710-27 amended to conform to Sections 5 and 21, Chapter 974, Acts of the
711-1 76th Legislature, Regular Session, 1999, to read as follows:
711-2 Sec. 1702.301. EXPIRATION. (a) A license is valid for one
711-3 year from the date of issuance. A license expires at midnight on
711-4 the last day of the 11th month after the month in which it is
711-5 issued.
711-6 (b) A security officer commission expires on the second
711-7 anniversary of the date the commission is issued.
711-8 (c) A personal protection officer authorization expires on
711-9 the expiration date of the security officer commission under which
711-10 the individual's authorization is issued.
711-11 (d) Registration as a private investigator, manager, branch
711-12 office manager, alarm systems installer, security consultant,
711-13 security salesperson, alarm systems monitor, or dog trainer expires
711-14 on the second anniversary of the date of registration.
711-15 (e) [Notwithstanding Subsection (d), an initial registration
711-16 as an alarm systems installer or security salesperson expires on
711-17 the first anniversary of the date of registration if the board
711-18 requires registrants to be trained or tested under Section
711-19 1702.239.]
711-20 [(f)] Registration as an owner, officer, partner, or
711-21 shareholder of a license holder expires on the second anniversary
711-22 of the date of registration.
711-23 (f) [(g)] Registration as a noncommissioned security officer
711-24 expires on the second [fourth] anniversary of the date of
711-25 registration.
711-26 (g) [(h)] A letter of authority, or a school approval or
711-27 school instructor approval letter issued by the commission [board],
712-1 expires on the first anniversary of the date of issuance.
712-2 (h) [(i)] A license or registration issued under this
712-3 chapter other than one specified in this section expires on the
712-4 date specified by this chapter or by commission [board] rule.
712-5 (b) Section 21, Chapter 974, Acts of the 76th Legislature,
712-6 Regular Session, 1999, is repealed.
712-7 SECTION 14.648. Section 1702.302, Occupations Code, is
712-8 amended to conform to Sections 5, 32, and 55(9), Chapter 974, Acts
712-9 of the 76th Legislature, Regular Session, 1999, to read as follows:
712-10 Sec. 1702.302. LICENSE RENEWAL. (a) [The renewal period for
712-11 a license is the month preceding the month in which it expires. At
712-12 least 30 days before the expiration date of a person's license, the
712-13 board shall send written notice of the impending expiration to the
712-14 person at the person's last known address according to board
712-15 records.]
712-16 [(b)] A person who is otherwise eligible to renew a license
712-17 may renew an unexpired license by paying the required renewal fee
712-18 to the commission [board] before the expiration date of the
712-19 license. A person whose license has expired may not engage in
712-20 activities that require a license until the license has been
712-21 renewed.
712-22 (b) [(c)] A person whose license has been expired for 90
712-23 days or less may renew the license by paying to the commission a
712-24 [board the required] renewal fee [and a fee] that is equal to 1-1/2
712-25 times the normally required renewal fee [half of the amount of the
712-26 license examination fee].
712-27 (c) [(d)] A person whose license has been expired for longer
713-1 than 90 days but less than one year [two years] may renew the
713-2 license by paying to the commission [board all unpaid renewal fees
713-3 and] a renewal fee that is equal to two times the normally required
713-4 renewal [amount of the license examination] fee.
713-5 (d) [(e)] A person whose license has been expired for one
713-6 year [two years] or more [longer] may not renew the license. The
713-7 person may obtain a new license by [submitting to reexamination
713-8 and] complying with the requirements and procedures, including the
713-9 examination requirements, for obtaining an original license.
713-10 (e) Not later than the 30th day before the date a person's
713-11 license is scheduled to expire, the commission shall send written
713-12 notice of the impending expiration to the person at the person's
713-13 last known address according to the commission's records.
713-14 SECTION 14.649. (a) Section 1702.303, Occupations Code, is
713-15 amended to conform to Sections 5, 32, and 55(9), Chapter 974, Acts
713-16 of the 76th Legislature, Regular Session, 1999, to read as follows:
713-17 Sec. 1702.303. RENEWAL OF EXPIRED LICENSE BY OUT-OF-STATE
713-18 PRACTITIONER. A [The board may renew without reexamination an
713-19 expired license of a] person who was licensed in this state, moved
713-20 to another state, and is currently licensed and has been in
713-21 practice in the other state for the two years preceding the date
713-22 the person applies for renewal may obtain a new license without
713-23 reexamination. The person must pay to the commission [board] a fee
713-24 that is equal to two times the normally required renewal fee for
713-25 [amount of] the license [examination fee].
713-26 (b) Section 32, Chapter 974, Acts of the 76th Legislature,
713-27 Regular Session, 1999, is repealed.
714-1 SECTION 14.650. (a) Section 1702.304, Occupations Code, is
714-2 amended to conform to Sections 5, 33, and 55(10), Chapter 974, Acts
714-3 of the 76th Legislature, Regular Session, 1999, to read as follows:
714-4 Sec. 1702.304. STAGGERED RENEWAL; PRORATION OF LICENSE
714-5 [RENEWAL] FEE. The commission [board] by rule may adopt a system
714-6 under which licenses expire on various dates during the year. For
714-7 the year in which the expiration date of a license is [may be]
714-8 changed, the commission shall prorate license fees on a monthly
714-9 basis [at the time of renewal] so that each [a] license holder pays
714-10 only that portion of the license [renewal] fee that is allocable to
714-11 the number of months during which the license is valid. On renewal
714-12 of the license on the new expiration date, the total license
714-13 renewal fee is payable.
714-14 (b) Section 33, Chapter 974, Acts of the 76th Legislature,
714-15 Regular Session, 1999, is repealed.
714-16 SECTION 14.651. (a) Section 1702.307, Occupations Code, is
714-17 amended to conform to Sections 5, 27, 28, and 55(9), Chapter 974,
714-18 Acts of the 76th Legislature, Regular Session, 1999, to read as
714-19 follows:
714-20 Sec. 1702.307. REGISTRATION RENEWAL. (a) An individual who
714-21 is otherwise eligible to renew a registration may renew an
714-22 unexpired registration by paying the required renewal fee to the
714-23 commission before the expiration date of the registration. An
714-24 individual whose registration has expired may not engage in
714-25 activities that require a registration until the registration has
714-26 been renewed.
714-27 (b) An individual whose registration has been expired for 90
715-1 days or less may renew the registration by paying to the commission
715-2 a renewal fee that is equal to 1-1/2 times the normally required
715-3 renewal fee.
715-4 (c) An individual whose registration has been expired for
715-5 more than 90 days but less than one year may renew the registration
715-6 by paying to the commission a renewal fee that is equal to two
715-7 times the normally required renewal fee.
715-8 (d) An individual whose registration has been expired for
715-9 one year or more may not renew the registration. The individual
715-10 may obtain a new registration by complying with the requirements
715-11 and procedures, including any examination required by the
715-12 commission, for obtaining an original registration.
715-13 (e) An individual who was registered in this state, moved to
715-14 another state, and is currently registered and has been in practice
715-15 in the other state for the two years preceding the date of
715-16 application may obtain a new registration without reexamination.
715-17 The individual must pay to the commission a fee that is equal to
715-18 two times the normally required renewal fee for the registration.
715-19 (f) Not later than the 30th day [At least 30 days] before
715-20 the expiration date of an individual's registration, the commission
715-21 [board] shall send written notice of the impending expiration to
715-22 the individual at the individual's last known address according to
715-23 commission [board] records.
715-24 [(b) On notification from the board the month before the
715-25 expiration date stated on the registrant's pocket card, the
715-26 registrant must file for renewal of the registration on a form
715-27 prescribed by the board.]
716-1 (b) Sections 27 and 28, Chapter 974, Acts of the 76th
716-2 Legislature, Regular Session, 1999, are repealed.
716-3 SECTION 14.652. (a) Subchapter M, Chapter 1702, Occupations
716-4 Code, is amended to conform to Sections 5, 11, 25, and 26, Chapter
716-5 974, Acts of the 76th Legislature, Regular Session, 1999, by adding
716-6 Sections 1702.308 and 1702.309 to read as follows:
716-7 Sec. 1702.308. CONTINUING EDUCATION. (a) This section does
716-8 not apply to a noncommissioned security officer.
716-9 (b) The commission shall recognize, prepare, or administer
716-10 continuing education programs for license holders, commissioned
716-11 security officers, and registrants. The commission shall set the
716-12 minimum number of hours that must be completed and the types of
716-13 programs that may be offered.
716-14 (c) A license holder, commissioned security officer, or
716-15 registrant must participate in the programs to the extent required
716-16 by the commission to keep the person's license, commission, or
716-17 registration. A license holder, commissioned security officer, or
716-18 registrant shall submit evidence of compliance with the
716-19 commission's continuing education requirements in a manner
716-20 prescribed by the commission.
716-21 Sec. 1702.309. SECURITY OFFICER COMMISSION RENEWAL. (a) The
716-22 commission by rule shall develop a continuing education course in
716-23 handgun proficiency required for renewal of a security officer
716-24 commission. Only a commission-approved instructor may administer
716-25 the continuing education course. The course must include:
716-26 (1) at least four hours of instruction on one or more
716-27 of the subjects listed in Section 1702.1675(g); and
717-1 (2) other information that the director determines is
717-2 appropriate.
717-3 (b) A commissioned security officer must demonstrate the
717-4 proficiency required under Section 1702.1685 within the 90-day
717-5 period before the date the commission is renewed.
717-6 (b) Sections 11, 25, and 26, Chapter 974, Acts of the 76th
717-7 Legislature, Regular Session, 1999, are repealed.
717-8 SECTION 14.653. Sections 1702.321(b), (c), and (e),
717-9 Occupations Code, are amended to conform to Section 5, Chapter 974,
717-10 Acts of the 76th Legislature, Regular Session, 1999, and to the
717-11 repeal and transfer by this Act of the substance of Section
717-12 1702.237, Occupations Code, to Section 1702.1675, Occupations Code,
717-13 to read as follows:
717-14 (b) The provisions of this chapter relating to security
717-15 officer commissions apply to a person employed by a political
717-16 subdivision whose duties include serving as a security guard,
717-17 security watchman, or security patrolman on property owned or
717-18 operated by the political subdivision if the governing body of the
717-19 political subdivision files a written request with the commission
717-20 [board] for the commission [board] to issue a commission to the
717-21 political subdivision's employees with those duties.
717-22 (c) The commission [board] may not charge a fee for issuing
717-23 a commission to an officer under Subsection (b). The commission
717-24 [board] shall issue to the officer a pocket card designating the
717-25 political subdivision that employs the officer.
717-26 (e) The commission [board] may approve a security officer
717-27 training program conducted by the political subdivision in
718-1 accordance with Sections 1702.1675 and 1702.168 [and 1702.237].
718-2 SECTION 14.654. Section 1702.322, Occupations Code, is
718-3 amended to conform to Section 3, Chapter 974, Acts of the 76th
718-4 Legislature, Regular Session, 1999, to read as follows:
718-5 Sec. 1702.322. LAW ENFORCEMENT PERSONNEL. This chapter does
718-6 not apply to:
718-7 (1) a person who has full-time employment as a peace
718-8 officer and who receives compensation for private employment on an
718-9 individual or an independent contractor basis as a patrolman,
718-10 guard, extra job coordinator, or watchman if the officer:
718-11 (A) is employed in an employee-employer
718-12 relationship or employed on an individual contractual basis;
718-13 (B) is not in the employ of another peace
718-14 officer;
718-15 (C) is not a reserve peace officer; and
718-16 (D) works as a peace officer on the average of
718-17 at least 32 hours a week, is compensated by the state or a
718-18 political subdivision of the state at least at the minimum wage,
718-19 and is entitled to all employee benefits offered to a peace officer
718-20 by the state or political subdivision;
718-21 (2) a reserve peace officer while the reserve officer
718-22 is performing guard, patrolman, or watchman duties for a county and
718-23 is being compensated solely by that county;
718-24 (3) a peace officer acting in an official capacity in
718-25 responding to a burglar alarm or detection device; or
718-26 (4) a person engaged in the business of electronic
718-27 monitoring of an individual as a condition of that individual's
719-1 community supervision, parole, mandatory supervision, or release on
719-2 bail, if the person does not perform any other service that
719-3 requires a license under this chapter.
719-4 SECTION 14.655. Section 1702.323, Occupations Code, is
719-5 amended to conform to Sections 3 and 5, Chapter 974, Acts of the
719-6 76th Legislature, Regular Session, 1999, by amending Subsections
719-7 (a) and (c) and adding Subsection (d) to read as follows:
719-8 (a) Except as provided by Subsections [Subsection] (b) and
719-9 (d), this chapter does not apply to an individual employed in an
719-10 employee-employer relationship exclusively and regularly by one
719-11 employer in connection with the affairs of the employer.
719-12 (c) Although the security department of a private business
719-13 that hires or employs an individual as a private security officer
719-14 to possess a firearm in the course and scope of the individual's
719-15 duties is required to apply for a security officer commission for
719-16 the individual under this chapter, the security department of a
719-17 private business is not required to apply to the commission [board]
719-18 for any license under this chapter.
719-19 (d) This chapter applies to an individual described by
719-20 Subsection (a) who:
719-21 (1) works at a location that is open to the public;
719-22 and
719-23 (2) in the course of employment:
719-24 (A) regularly comes into contact with the
719-25 public; and
719-26 (B) wears a uniform with any type of badge
719-27 commonly associated with security personnel or law enforcement or a
720-1 patch or apparel with "security" or the name of the employer on the
720-2 patch or apparel.
720-3 SECTION 14.656. Section 1702.324(b), Occupations Code, is
720-4 amended to conform to Section 3, Chapter 974, Acts of the 76th
720-5 Legislature, Regular Session, 1999, to read as follows:
720-6 (b) This chapter does not apply to:
720-7 (1) a manufacturer or a manufacturer's authorized
720-8 distributor who sells equipment to a license holder that is used in
720-9 the operations for which the person is required to be licensed;
720-10 (2) a person engaged exclusively in the business of
720-11 obtaining and providing information to:
720-12 (A) determine creditworthiness;
720-13 (B) collect debts; or
720-14 (C) ascertain the reliability of information
720-15 provided by [financial responsibility of] an applicant for
720-16 property, life, or disability insurance or an indemnity or surety
720-17 bond;
720-18 (3) a person engaged exclusively in the business of
720-19 repossessing property that is secured by a mortgage or other
720-20 security interest;
720-21 (4) a locksmith who:
720-22 (A) does not install or service detection
720-23 devices;
720-24 (B) does not conduct investigations; and
720-25 (C) is not a security services contractor;
720-26 (5) a person who:
720-27 (A) is engaged in the business of psychological
721-1 testing or other testing and interviewing services, including
721-2 services to determine attitudes, honesty, intelligence,
721-3 personality, and skills, for preemployment purposes; and
721-4 (B) does not perform any other service that
721-5 requires a license under this chapter;
721-6 (6) a person who:
721-7 (A) is engaged in obtaining information that is
721-8 a public record under Chapter 552, Government Code, regardless of
721-9 whether the person receives compensation;
721-10 (B) is not a full-time employee, as defined by
721-11 Section 61.001, Labor Code, of a person licensed under this
721-12 chapter; and
721-13 (C) does not perform any other act that requires
721-14 a license under this chapter;
721-15 (7) a licensed [registered] professional engineer
721-16 practicing engineering or directly supervising engineering practice
721-17 under The Texas Engineering Practice Act (Article 3271a, Vernon's
721-18 Texas Civil Statutes), including [and performing] forensic
721-19 analysis, burglar alarm system engineering, and necessary data
721-20 collection [engineering studies who does not:]
721-21 [(A) install or service detection devices;]
721-22 [(B) conduct nonengineering investigations; and]
721-23 [(C) act as a security services contractor];
721-24 (8) an employee of a cattle association who inspects
721-25 livestock brands under the authority granted to the cattle
721-26 association by the Grain Inspection, Packers and Stockyards
721-27 Administration of the United States Department of Agriculture;
722-1 (9) a landman performing activities in the course and
722-2 scope of the landman's business;
722-3 (10) an attorney while engaged in the practice of law
722-4 [in performing the attorney's duties];
722-5 (11) a person who obtains a document for use in
722-6 litigation under an authorization or subpoena issued for a written
722-7 or oral deposition;
722-8 [(12) a person who:]
722-9 [(A) by education, experience, or background has
722-10 specialized expertise or knowledge that would qualify or tend to
722-11 qualify the person as an expert witness, authorized to provide
722-12 opinions in proceedings conducted in a court, administrative
722-13 agency, or governing body of this state or of the United States, in
722-14 accordance with applicable rules; and]
722-15 [(B) does not perform any other service for
722-16 which a license is required under this chapter;] or
722-17 (12) [(13)] an admitted insurer, insurance adjuster,
722-18 agent, or insurance broker licensed by the state, performing duties
722-19 in connection with insurance transacted by that person.
722-20 SECTION 14.657. Section 1702.325, Occupations Code, is
722-21 amended to conform to Section 3, Chapter 974, Acts of the 76th
722-22 Legislature, Regular Session, 1999, to read as follows:
722-23 Sec. 1702.325. COMMON CARRIERS. This chapter does not apply
722-24 to:
722-25 (1) a common carrier by rail engaged in interstate
722-26 commerce, regulated by state and federal authorities, and
722-27 transporting commodities essential to the national defense and to
723-1 the general welfare and safety of the community; or
723-2 (2) an officer, employee, or agent of a common
723-3 carrier, as defined by Section 153 of the federal Communications
723-4 Act of 1934 (47 U.S.C. Section 153), and its subsequent amendments,
723-5 while protecting the carrier or a user of the carrier's
723-6 long-distance services from a fraudulent, unlawful, or abusive use
723-7 of those long-distance services.
723-8 SECTION 14.658. (a) Subchapter N, Chapter 1702, Occupations
723-9 Code, is amended to conform to Section 3, Chapter 974, Acts of the
723-10 76th Legislature, Regular Session, 1999, by adding Section 1702.330
723-11 to read as follows:
723-12 Sec. 1702.330. SECURITY PERSONNEL OF PRIVATE INSTITUTION OF
723-13 HIGHER EDUCATION. This chapter does not apply to:
723-14 (1) a person who is employed full-time by and is
723-15 commissioned as a campus security personnel employee by a private
723-16 institution of higher education under Section 51.212, Education
723-17 Code; or
723-18 (2) a peace officer commissioned by an incorporated
723-19 municipality who is hired under Section 51.212, Education Code, on
723-20 a regular basis by a private institution of higher education while
723-21 that peace officer is operating within the scope of the peace
723-22 officer's employment with the institution of higher education.
723-23 (b) Section 3, Chapter 974, Acts of the 76th Legislature,
723-24 Regular Session, 1999, is repealed.
723-25 SECTION 14.659. Section 1702.361, Occupations Code, is
723-26 amended to conform to Sections 5 and 12, Chapter 974, Acts of the
723-27 76th Legislature, Regular Session, 1999, to read as follows:
724-1 Sec. 1702.361. DENIAL AND DISCIPLINARY POWERS OF COMMISSION
724-2 [BOARD]; GROUNDS. (a) Except as provided by Section 1702.3615, the
724-3 commission [The board], for conduct described by Subsection (b),
724-4 may:
724-5 (1) revoke, [or] suspend, or refuse to renew a
724-6 license, registration, or security officer commission;
724-7 (2) reprimand a license holder, registrant, or
724-8 commissioned security officer;
724-9 [(3) deny an application for a license, registration,
724-10 or security officer commission or for renewal of the license,
724-11 registration, or commission;] or
724-12 (3) [(4)] place on probation a person whose license,
724-13 registration, or security officer commission has been suspended.
724-14 (b) The commission [board] shall take disciplinary action
724-15 described by Subsection (a) on proof:
724-16 (1) that the applicant, license holder, registrant, or
724-17 commissioned security officer has:
724-18 (A) violated this chapter or a commission rule
724-19 adopted under this chapter;
724-20 (B) [been convicted of a felony;]
724-21 [(C)] been convicted of a Class B misdemeanor or
724-22 equivalent offense if the fifth anniversary of the date of the
724-23 conviction has occurred [involving moral turpitude committed after
724-24 the date of application for the license, registration, or
724-25 commission];
724-26 (C) [(D)] engaged in fraud, deceit, or
724-27 misrepresentation; or
725-1 (D) [(E)] made a material misstatement in an
725-2 application for or renewal of a license, registration, or
725-3 commission; or
725-4 (2) that the license holder of a registrant or
725-5 commissioned security officer has submitted to the commission
725-6 [board] sufficient evidence that the registrant or commissioned
725-7 security officer:
725-8 (A) engaged in fraud or deceit while employed by
725-9 the license holder; or
725-10 (B) committed theft while performing work as a
725-11 registrant or commissioned security officer.
725-12 (c) The commission may place on probation a person whose
725-13 license is suspended. If a person's suspension of a license is
725-14 probated, the commission may require the person:
725-15 (1) to report regularly to the commission on matters
725-16 that are the basis of the suspension;
725-17 (2) to limit practice to the areas prescribed by the
725-18 commission; or
725-19 (3) to continue or review professional education until
725-20 the person attains a degree of skill satisfactory to the commission
725-21 in those areas that are the basis of the probation.
725-22 SECTION 14.660. (a) Subchapter O, Chapter 1702, Occupations
725-23 Code, is amended to conform to Sections 5 and 13, Chapter 974, Acts
725-24 of the 76th Legislature, Regular Session, 1999, by adding Section
725-25 1702.3615 to read as follows:
725-26 Sec. 1702.3615. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES.
725-27 (a) Except for an application approved by the commission under
726-1 Subsection (b), the commission shall revoke or refuse to renew a
726-2 registration, license, or security officer commission if the
726-3 applicant, license holder, registrant, or commissioned security
726-4 officer has been convicted of a:
726-5 (1) Class A misdemeanor or equivalent offense or a
726-6 greater offense; or
726-7 (2) Class B misdemeanor or equivalent offense if the
726-8 fifth anniversary of the date of conviction has not occurred.
726-9 (b) An applicant may appeal to the commission the denial of
726-10 a license, registration, or security officer commission application
726-11 if:
726-12 (1) the sole basis of the denial is a conviction for a
726-13 Class A misdemeanor or equivalent or a greater offense;
726-14 (2) the 20th anniversary of the conviction has
726-15 occurred; and
726-16 (3) the applicant waives the applicant's right to a
726-17 hearing before the State Office of Administrative Hearings.
726-18 (c) A proceeding under Subsection (b) is governed by Chapter
726-19 2001, Government Code. A hearing must be held at a regular meeting
726-20 of the commission.
726-21 (d) Notwithstanding any other provision of this chapter, the
726-22 commission may approve the application.
726-23 (b) Section 13, Chapter 974, Acts of the 76th Legislature,
726-24 Regular Session, 1999, is repealed.
726-25 SECTION 14.661. Section 1702.362, Occupations Code, is
726-26 amended to conform to Section 5, Chapter 974, Acts of the 76th
726-27 Legislature, Regular Session, 1999, to read as follows:
727-1 Sec. 1702.362. FAILURE TO FILE REQUIRED NOTICE. The
727-2 commission [board] may suspend or revoke a license if the license
727-3 holder fails to notify the commission [board] as required by
727-4 Section 1702.121 that a manager has ceased to be the manager of the
727-5 license holder.
727-6 SECTION 14.662. Section 1702.363, Occupations Code, is
727-7 amended to conform to Sections 5 and 12, Chapter 974, Acts of the
727-8 76th Legislature, Regular Session, 1999, to read as follows:
727-9 Sec. 1702.363. APPLICATION OF ADMINISTRATIVE PROCEDURE ACT.
727-10 Except as provided by Sections 1702.3615(b) and [Section] 1702.364,
727-11 a person regulated under this chapter against whom the commission
727-12 has taken action is entitled to a hearing before the State Office
727-13 of Administrative Hearings. A proceeding under this section is a
727-14 contested case that is [proceedings for the denial, suspension, or
727-15 revocation of a license, registration, or security officer
727-16 commission or for the probation of a person are] governed by
727-17 Chapter 2001, Government Code.
727-18 SECTION 14.663. Sections 1702.364(a), (b), (c), and (f),
727-19 Occupations Code, are amended to conform to Sections 5 and 12,
727-20 Chapter 974, Acts of the 76th Legislature, Regular Session, 1999,
727-21 to read as follows:
727-22 (a) On receiving written notice from the Texas Department of
727-23 Public Safety or another law enforcement agency that an individual
727-24 has been arrested for or charged with a Class B misdemeanor or
727-25 equivalent offense [involving moral turpitude] or a greater offense
727-26 [felony], the commission [board] may:
727-27 (1) summarily deny the individual's application for a
728-1 license, registration, or [for a] security officer commission; or
728-2 (2) summarily suspend the individual's license,
728-3 registration, or security officer commission.
728-4 (b) To initiate a proceeding to take action under Subsection
728-5 (a), the commission [board] must serve notice to the individual.
728-6 The notice must:
728-7 (1) inform the individual of the right to a
728-8 preliminary hearing before the commission [board];
728-9 (2) state the alleged violations that constitute
728-10 grounds for summary suspension; and
728-11 (3) be personally served on the individual or sent to
728-12 the individual by certified or registered mail, return receipt
728-13 requested, to the individual's mailing address as it appears in the
728-14 commission's [board's] records.
728-15 (c) The suspension is effective at the time notice is
728-16 served. If notice is served in person, the individual shall
728-17 immediately surrender to the commission [board] the registration,
728-18 commission, pocket card, or other identification issued by the
728-19 commission [board]. If the notice is served by mail, the
728-20 individual shall immediately return to the commission [board] the
728-21 registration, commission, pocket card, or other identification
728-22 issued by the commission [board].
728-23 (f) Chapter 2001, Government Code, does not apply to a
728-24 proceeding before the commission [board] under this section except
728-25 for a final administrative hearing.
728-26 SECTION 14.664. Section 1702.365, Occupations Code, is
728-27 amended to conform to Section 5, Chapter 974, Acts of the 76th
729-1 Legislature, Regular Session, 1999, to read as follows:
729-2 Sec. 1702.365. ABDUCTION OF CHILD. The commission [board]
729-3 shall revoke a person's license, registration, or security officer
729-4 commission or deny a person's application for, or renewal of, a
729-5 license, registration, or security officer commission on proof that
729-6 the person or an agent of the person has, after the date of
729-7 application for a license, registration, or security officer
729-8 commission, abducted or attempted to abduct by force or the threat
729-9 of force or by misrepresentation, stealth, or unlawful entry a
729-10 child who at the time of the abduction or attempt is under the care
729-11 and control of a person who:
729-12 (1) has custody or physical possession of the child
729-13 under a court order; or
729-14 (2) is exercising the care and control with the
729-15 consent of a person who has custody or physical possession of the
729-16 child under a court order.
729-17 SECTION 14.665. Section 1702.366, Occupations Code, is
729-18 repealed to conform to the repeal of the law from which that
729-19 section was derived by Section 12, Chapter 974, Acts of the 76th
729-20 Legislature, Regular Session, 1999.
729-21 SECTION 14.666. Sections 1702.367(a), (c), (d), and (e),
729-22 Occupations Code, are amended to conform to Section 5, Chapter 974,
729-23 Acts of the 76th Legislature, Regular Session, 1999, to read as
729-24 follows:
729-25 (a) For an investigation conducted under this chapter, the
729-26 commission [board] may issue a subpoena to compel the attendance of
729-27 a witness or the production of a pertinent record or document. The
730-1 hearings officer may administer oaths and require testimony or
730-2 evidence to be given under oath.
730-3 (c) A person required to testify or to produce a record or
730-4 document on any matter properly under inquiry by the commission
730-5 [board] who refuses to testify or to produce the record or document
730-6 on the ground that the testimony or the production of the record or
730-7 document would incriminate or tend to incriminate the person is
730-8 nonetheless required to testify or to produce the record or
730-9 document. A person who is required to testify or to produce a
730-10 record or document under this subsection is not subject to
730-11 indictment or prosecution for a transaction, matter, or thing
730-12 concerning which the person truthfully testifies or produces
730-13 evidence.
730-14 (d) If a witness refuses to obey a subpoena or to give
730-15 evidence relevant to proper inquiry by the commission [board], the
730-16 commission [board] may petition a district court of the county in
730-17 which the hearing is held to compel the witness to obey the
730-18 subpoena or to give the evidence. The court shall immediately
730-19 issue process to the witness and shall hold a hearing on the
730-20 petition as soon as possible.
730-21 (e) An investigator employed by the commission [board] may
730-22 take statements under oath in an investigation of a matter covered
730-23 by this chapter.
730-24 SECTION 14.667. (a) Section 1702.368, Occupations Code, is
730-25 amended to conform to Sections 5 and 34, Chapter 974, Acts of the
730-26 76th Legislature, Regular Session, 1999, to read as follows:
730-27 Sec. 1702.368. NOTIFICATION OF CONVICTION FOR CERTAIN
731-1 OFFENSES [NOTICE FROM DEPARTMENT OF PUBLIC SAFETY]. The Texas
731-2 Department of Public Safety shall notify the commission [board] and
731-3 the police department of the municipality and the sheriff's
731-4 department of the county in which a person licensed, registered, or
731-5 commissioned under this chapter resides of the conviction of the
731-6 person for a Class B misdemeanor or equivalent offense or a greater
731-7 offense [crime involving moral turpitude or a felony].
731-8 (b) Section 34, Chapter 974, Acts of the 76th Legislature,
731-9 Regular Session, 1999, is repealed.
731-10 SECTION 14.668. (a) Subchapter O, Chapter 1702, Occupations
731-11 Code, is amended to conform to Section 3, Chapter 1465, Acts of the
731-12 76th Legislature, Regular Session, 1999, by adding Section
731-13 1702.3705 to read as follows:
731-14 Sec. 1702.3705. PROHIBITION AGAINST CERTAIN POLITICAL
731-15 SUBDIVISIONS ACTING AS ALARM SYSTEMS COMPANY. (a) Except as
731-16 provided by Subsection (b), a political subdivision may not offer
731-17 residential alarm system sales, service, installation, or
731-18 monitoring unless it has been providing monitoring services to
731-19 residences within the boundaries of the political subdivision as of
731-20 September 1, 1999. Any fee charged by the political subdivision
731-21 may not exceed the cost of the monitoring.
731-22 (b) A political subdivision may:
731-23 (1) offer service, installation, or monitoring for
731-24 property owned by the political subdivision or another political
731-25 subdivision;
731-26 (2) allow for the response of an alarm or detection
731-27 device by a law enforcement agency or by a law enforcement officer
732-1 acting in an official capacity;
732-2 (3) offer monitoring in connection with a criminal
732-3 investigation; or
732-4 (4) offer monitoring to a financial institution, as
732-5 defined by Section 59.301, Finance Code, that requests, in writing,
732-6 that the political subdivision provide monitoring service to the
732-7 financial institution.
732-8 (c) The limitations of Subsection (a) do not apply to a
732-9 political subdivision in a county with a population of less than
732-10 80,000 or in a political subdivision where monitoring is not
732-11 otherwise provided or available.
732-12 (b) Section 3, Chapter 1465, Acts of the 76th Legislature,
732-13 Regular Session, 1999, is repealed.
732-14 SECTION 14.669. (a) Section 1702.371, Occupations Code, is
732-15 amended to conform to Sections 12 and 14, Chapter 974, Acts of the
732-16 76th Legislature, Regular Session, 1999, to read as follows:
732-17 Sec. 1702.371. CONVICTION OF CERTAIN CRIMES. In this
732-18 subchapter, a person is considered to be convicted of an offense
732-19 that is a Class B misdemeanor [involving moral turpitude] or
732-20 greater offense, or an equivalent offense, [a felony] if a court
732-21 enters a judgment against the person for committing a Class B
732-22 misdemeanor [involving moral turpitude] or greater offense, or an
732-23 equivalent offense, [a felony] under the laws of this state,
732-24 another state, or the United States, including a conviction:
732-25 (1) [a conviction] in which a person is placed on and
732-26 subsequently discharged from community supervision; and
732-27 (2) [a conviction] for which a person is pardoned,
733-1 unless a full [the] pardon has been [is] granted [expressly because
733-2 of proof of the person's innocence].
733-3 (b) Sections 12 and 14, Chapter 974, Acts of the 76th
733-4 Legislature, Regular Session, 1999, are repealed.
733-5 SECTION 14.670. Section 1702.381(b), Occupations Code, is
733-6 amended to conform to Section 5, Chapter 974, Acts of the 76th
733-7 Legislature, Regular Session, 1999, to read as follows:
733-8 (b) The commission [board] must give a person 30 days'
733-9 notice of the requirement to obtain a license before the civil
733-10 penalty may be assessed.
733-11 SECTION 14.671. Section 1702.382, Occupations Code, is
733-12 amended to conform to Section 5, Chapter 974, Acts of the 76th
733-13 Legislature, Regular Session, 1999, to read as follows:
733-14 Sec. 1702.382. INJUNCTION. (a) The commission [board] may
733-15 institute an action in the name of the commission [board] against a
733-16 person to enjoin a violation by the person of this chapter or a
733-17 commission [board] rule.
733-18 (b) The commission [board] is not required to allege or
733-19 prove that an adequate remedy at law does not exist or that
733-20 substantial or irreparable damage would result from the continued
733-21 violation to sustain an action under this section.
733-22 SECTION 14.672. Section 1702.383, Occupations Code, is
733-23 amended to conform to Section 5, Chapter 974, Acts of the 76th
733-24 Legislature, Regular Session, 1999, to read as follows:
733-25 Sec. 1702.383. ACTION FOR CIVIL PENALTY OR INJUNCTION. If a
733-26 person has violated a provision of this chapter for which a penalty
733-27 is imposed under Section 1702.381, the commission [board] may
734-1 institute a civil suit in a Travis County district court for
734-2 injunctive relief under Section 1702.382 or for assessment and
734-3 recovery of the civil penalty.
734-4 SECTION 14.673. (a) Subchapter P, Chapter 1702, Occupations
734-5 Code, is amended to conform to Section 1, Chapter 388, and Section
734-6 31, Chapter 974, Acts of the 76th Legislature, Regular Session,
734-7 1999, by adding Section 1702.3863 to read as follows:
734-8 Sec. 1702.3863. UNAUTHORIZED CONTRACT WITH BAIL BOND SURETY;
734-9 OFFENSE. (a) A person commits an offense if the person contracts
734-10 with or is employed by a bail bond surety as defined by Chapter
734-11 1704 to secure the appearance of a person who has violated Section
734-12 38.10, Penal Code, unless the person is:
734-13 (1) a peace officer;
734-14 (2) an individual licensed as a private investigator
734-15 or the manager of a licensed investigations company; or
734-16 (3) a commissioned security officer employed by a
734-17 licensed guard company.
734-18 (b) An offense under Subsection (a) is a state jail felony.
734-19 (b) Section 31, Chapter 974, Acts of the 76th Legislature,
734-20 Regular Session, 1999, is repealed.
734-21 SECTION 14.674. (a) Subchapter P, Chapter 1702, Occupations
734-22 Code, is amended to conform to Section 8, Chapter 1506, Acts of the
734-23 76th Legislature, Regular Session, 1999, by adding Section
734-24 1702.3867 to read as follows:
734-25 Sec. 1702.3867. EXECUTION OF CAPIAS OR ARREST WARRANT;
734-26 OFFENSE. (a) A private investigator executing a capias or an
734-27 arrest warrant on behalf of a bail bond surety may not:
735-1 (1) enter a residence without the consent of the
735-2 occupants;
735-3 (2) execute the capias or warrant without written
735-4 authorization from the surety;
735-5 (3) wear, carry, or display any uniform, badge,
735-6 shield, or other insignia or emblem that implies that the private
735-7 investigator is an employee, officer, or agent of the federal
735-8 government, the state, or a political subdivision of the state; or
735-9 (4) notwithstanding Section 9.51, Penal Code, use
735-10 deadly force.
735-11 (b) Notwithstanding Subsection (a)(3), a private
735-12 investigator may display identification that indicates that the
735-13 person is acting on behalf of a bail bond surety.
735-14 (c) A private investigator executing a capias or an arrest
735-15 warrant on behalf of a bail bond surety shall immediately take the
735-16 person arrested to:
735-17 (1) if the arrest is made in the county in which the
735-18 capias or warrant was issued:
735-19 (A) the county jail for that county if:
735-20 (i) the offense is a Class A or Class B
735-21 misdemeanor or a felony; or
735-22 (ii) the offense is a Class C misdemeanor
735-23 and the capias or warrant was issued by a magistrate of that
735-24 county; or
735-25 (B) the municipal jail for the appropriate
735-26 municipality if the offense is a Class C misdemeanor and the capias
735-27 or warrant was issued by a magistrate of the municipality; or
736-1 (2) if the arrest is made in a county other than the
736-2 county in which the capias or warrant was issued, the county jail
736-3 for the county in which the arrest is made.
736-4 (d) A person commits an offense if the person violates this
736-5 section. An offense under this section is a state jail felony.
736-6 (b) Section 8, Chapter 1506, Acts of the 76th Legislature,
736-7 Regular Session, 1999, is repealed.
736-8 SECTION 14.675. Section 1702.387(a), Occupations Code, is
736-9 amended to conform to Section 5, Chapter 974, Acts of the 76th
736-10 Legislature, Regular Session, 1999, to read as follows:
736-11 (a) A person commits an offense if the person fails to
736-12 surrender or immediately return to the commission [board] the
736-13 person's registration, commission, pocket card, or other
736-14 identification issued to the person by the commission [board] on
736-15 notification of a summary suspension or summary denial under
736-16 Section 1702.364.
736-17 SECTION 14.676. (a) Chapter 1702, Occupations Code, is
736-18 amended to conform to Sections 5 and 36, Chapter 974, Acts of the
736-19 76th Legislature, Regular Session, 1999, by adding Subchapter Q to
736-20 read as follows:
736-21 SUBCHAPTER Q. ADMINISTRATIVE PENALTY
736-22 Sec. 1702.401. IMPOSITION OF PENALTY. In addition to any
736-23 other disciplinary action taken by the commission, the commission
736-24 may impose an administrative penalty on a person licensed,
736-25 commissioned, or registered under this chapter who violates this
736-26 chapter or a rule or order adopted under this chapter.
736-27 Sec. 1702.402. AMOUNT OF PENALTY. (a) Each day a violation
737-1 continues or occurs is a separate violation for purposes of
737-2 imposing a penalty. The amount of each separate violation may not
737-3 exceed $200.
737-4 (b) The amount of a violation shall be based on:
737-5 (1) the seriousness of the violation, including the
737-6 nature, circumstances, extent, and gravity of the violation;
737-7 (2) the economic harm to property or the public caused
737-8 by the violation;
737-9 (3) the history of previous violations;
737-10 (4) the amount necessary to deter a future violation;
737-11 (5) efforts to correct the violation; and
737-12 (6) any other matter that justice may require.
737-13 Sec. 1702.403. REPORT AND NOTICE OF VIOLATION AND PENALTY.
737-14 (a) If the director determines that a violation occurred, the
737-15 director may issue to the commission a report stating:
737-16 (1) the facts on which the determination is based; and
737-17 (2) the director's recommendation on the imposition of
737-18 the penalty, including a recommendation on the amount of the
737-19 penalty.
737-20 (b) Not later than the 14th day after the date the report is
737-21 issued, the director shall give written notice of the report to the
737-22 person.
737-23 (c) The notice must:
737-24 (1) include a brief summary of the alleged violation;
737-25 (2) state the amount of the recommended penalty; and
737-26 (3) inform the person of the person's right to a
737-27 hearing on the occurrence of the violation, the amount of the
738-1 penalty, or both.
738-2 Sec. 1702.404. PENALTY TO BE PAID OR HEARING REQUESTED. (a)
738-3 Not later than the 20th day after the date the person receives the
738-4 notice, the person in writing may:
738-5 (1) accept the determination and recommended penalty
738-6 of the director; or
738-7 (2) make a request for a hearing on the occurrence of
738-8 the violation, the amount of the penalty, or both.
738-9 (b) If the person accepts the determination and recommended
738-10 penalty of the director, the commission by order shall approve the
738-11 determination and impose the recommended penalty.
738-12 Sec. 1702.405. HEARING. (a) If the person requests a
738-13 hearing or fails to respond in a timely manner to the notice, the
738-14 director shall set a hearing and give written notice of the hearing
738-15 to the person. An administrative law judge of the State Office of
738-16 Administrative Hearings shall hold the hearing.
738-17 (b) The administrative law judge shall make findings of fact
738-18 and conclusions of law and promptly issue to the commission a
738-19 proposal for a decision about the occurrence of the violation and
738-20 the amount of a proposed penalty.
738-21 Sec. 1702.406. DECISION BY COMMISSION. (a) Based on the
738-22 findings of fact, conclusions of law, and proposal for a decision,
738-23 the commission by order may:
738-24 (1) find that a violation occurred and impose a
738-25 penalty; or
738-26 (2) find that a violation did not occur.
738-27 (b) The notice of the commission's order given to the person
739-1 must include a statement of the right of the person to judicial
739-2 review of the order.
739-3 Sec. 1702.407. OPTIONS FOLLOWING DECISION: PAY OR APPEAL.
739-4 Not later than the 30th day after the date the commission's order
739-5 becomes final, the person shall:
739-6 (1) pay the penalty; or
739-7 (2) file a petition for judicial review contesting the
739-8 occurrence of the violation, the amount of the penalty, or both.
739-9 Sec. 1702.408. STAY OF ENFORCEMENT OF PENALTY. (a) Within
739-10 the 30-day period prescribed by Section 1702.407, a person who
739-11 files a petition for judicial review may:
739-12 (1) stay enforcement of the penalty by:
739-13 (A) paying the penalty to the court for
739-14 placement in an escrow account; or
739-15 (B) giving the court a supersedeas bond approved
739-16 by the court that:
739-17 (i) is for the amount of the penalty; and
739-18 (ii) is effective until all judicial
739-19 review of the commission's order is final; or
739-20 (2) request the court to stay enforcement of the
739-21 penalty by:
739-22 (A) filing with the court a sworn affidavit of
739-23 the person stating that the person is financially unable to pay the
739-24 penalty and is financially unable to give the supersedeas bond; and
739-25 (B) giving a copy of the affidavit to the
739-26 director by certified mail.
739-27 (b) If the director receives a copy of an affidavit under
740-1 Subsection (a)(2), the director may file with the court, not later
740-2 than the fifth day after the date the copy is received, a contest
740-3 to the affidavit. The court shall hold a hearing on the facts
740-4 alleged in the affidavit as soon as practicable and shall stay the
740-5 enforcement of the penalty on finding that the alleged facts are
740-6 true. The person who files an affidavit has the burden of proving
740-7 that the person is financially unable to pay the penalty and to
740-8 give a supersedeas bond.
740-9 Sec. 1702.409. COLLECTION OF PENALTY. (a) If the person
740-10 does not pay the penalty and the enforcement of the penalty is not
740-11 stayed, the penalty may be collected.
740-12 (b) The attorney general may sue to collect the penalty.
740-13 Sec. 1702.410. DECISION BY COURT. (a) If the court sustains
740-14 the finding that a violation occurred, the court may uphold or
740-15 reduce the amount of the penalty and order the person to pay the
740-16 full or reduced amount of the penalty.
740-17 (b) If the court does not sustain the finding that a
740-18 violation occurred, the court shall order that a penalty is not
740-19 owed.
740-20 Sec. 1702.411. REMITTANCE OF PENALTY AND INTEREST. (a) If
740-21 the person paid the penalty and if the amount of the penalty is
740-22 reduced or the penalty is not upheld by the court, the court shall
740-23 order, when the court's judgment becomes final, that the
740-24 appropriate amount plus accrued interest be remitted to the person.
740-25 (b) The interest accrues at the rate charged on loans to
740-26 depository institutions by the New York Federal Reserve Bank.
740-27 (c) The interest shall be paid for the period beginning on
741-1 the date the penalty is paid and ending on the date the penalty is
741-2 remitted.
741-3 Sec. 1702.412. RELEASE OF BOND. (a) If the person gave a
741-4 supersedeas bond and the penalty is not upheld by the court, the
741-5 court shall order, when the court's judgment becomes final, the
741-6 release of the bond.
741-7 (b) If the person gave a supersedeas bond and the amount of
741-8 the penalty is reduced, the court shall order the release of the
741-9 bond after the person pays the reduced amount.
741-10 Sec. 1702.413. ADMINISTRATIVE PROCEDURE. A proceeding to
741-11 impose the penalty is considered to be a contested case under
741-12 Chapter 2001, Government Code.
741-13 (b) Sections 5 and 36, Chapter 974, Acts of the 76th
741-14 Legislature, Regular Session, 1999, are repealed.
741-15 PART 20. CHANGES RELATING TO TITLE 13,
741-16 OCCUPATIONS CODE
741-17 SECTION 14.701. (a) Section 2151.002, Occupations Code, is
741-18 amended to conform to Section 1, Chapter 1364, Acts of the 76th
741-19 Legislature, Regular Session, 1999, by amending Subdivision (2),
741-20 redesignating existing Subdivision (4) as Subdivision (5), and
741-21 adding new Subdivisions (4) and (6) to read as follows:
741-22 (2) "Class A amusement ride" means an amusement ride
741-23 with a fixed location designed primarily for use by children
741-24 younger than 13 years of age.
741-25 (4) "Commissioner" means the commissioner of
741-26 insurance.
741-27 (5) [(4)] "Department" means the Texas Department of
742-1 Insurance.
742-2 (6) "Mobile amusement ride" means an amusement ride
742-3 that is designed or adapted to be moved from one location to
742-4 another and is not fixed at a single location.
742-5 (b) Section 1, Chapter 1364, Acts of the 76th Legislature,
742-6 Regular Session, 1999, is repealed.
742-7 SECTION 14.702. (a) Section 2151.051, Occupations Code, is
742-8 amended to conform to Section 2, Chapter 1364, Acts of the 76th
742-9 Legislature, Regular Session, 1999, to read as follows:
742-10 Sec. 2151.051. GENERAL POWERS AND DUTIES. The commissioner
742-11 [department] shall administer and enforce this chapter.
742-12 (b) Section 2151.052(a), Occupations Code, is amended to
742-13 conform to Section 2, Chapter 1364, Acts of the 76th Legislature,
742-14 Regular Session, 1999, to read as follows:
742-15 (a) The commissioner [department] shall establish reasonable
742-16 and necessary fees, in an amount not to exceed $40 [$20] per year,
742-17 for each amusement ride covered by this chapter.
742-18 (c) Section 2, Chapter 1364, Acts of the 76th Legislature,
742-19 Regular Session, 1999, is repealed.
742-20 SECTION 14.703. (a) Section 2151.101(a), Occupations Code,
742-21 is amended to conform to Section 3, Chapter 1364, Acts of the 76th
742-22 Legislature, Regular Session, 1999, to read as follows:
742-23 (a) A person may not operate an amusement ride unless the
742-24 person:
742-25 (1) has had the amusement ride inspected at least once
742-26 a year by an insurer or a person with whom the insurer has
742-27 contracted;
743-1 (2) obtains a written certificate from the insurer or
743-2 person with whom the insurer has contracted stating that the
743-3 amusement ride:
743-4 (A) has been inspected;
743-5 (B) meets the standards for insurance coverage;
743-6 and
743-7 (C) is covered by the insurance required by
743-8 Subdivision (3);
743-9 (3) has an insurance policy currently in effect
743-10 written by an insurance company authorized to do business in this
743-11 state or by a surplus lines insurer, as defined by Article 1.14-2,
743-12 Insurance Code, or has an independently procured policy subject to
743-13 Article 1.14-1, Insurance Code, insuring the owner or operator
743-14 against liability for injury to persons arising out of the use of
743-15 the amusement ride in an amount of not less than:
743-16 (A) $100,000 per occurrence with a $300,000
743-17 annual aggregate for Class A amusement rides; and
743-18 (B) $1,000,000 per occurrence for Class B
743-19 amusement rides;
743-20 (4) files with the commissioner [department], as
743-21 required by this chapter, the inspection certificate and the
743-22 insurance policy or a photocopy of the certificate or policy
743-23 authorized by the commissioner [department]; and
743-24 (5) files with each sponsor, lessor, landowner, or
743-25 other person responsible for the amusement ride being offered for
743-26 use by the public a photocopy of the inspection certificate and the
743-27 insurance policy required by this subsection [certificate stating
744-1 that the insurance required by Subdivision (3) is in effect].
744-2 (b) Section 2151.102(a), Occupations Code, is amended to
744-3 conform to Section 3, Chapter 1364, Acts of the 76th Legislature,
744-4 Regular Session, 1999, to read as follows:
744-5 (a) The inspection required by Section 2151.101(a) must test
744-6 for stress-related and wear-related damage of the critical parts of
744-7 a ride that the manufacturer of the amusement ride [department]
744-8 determines:
744-9 (1) are reasonably subject to failure as the result of
744-10 stress and wear; and
744-11 (2) could cause injury to a member of the public as a
744-12 result of a failure.
744-13 (c) Subchapter C, Chapter 2151, Occupations Code, is amended
744-14 to conform to Section 3, Chapter 1364, Acts of the 76th
744-15 Legislature, Regular Session, 1999, by adding Sections 2151.1021,
744-16 2151.1022, 2151.105, and 2151.106 to read as follows:
744-17 Sec. 2151.1021. INSPECTION REQUIREMENTS FOR MOBILE AMUSEMENT
744-18 RIDES. (a) The commissioner shall adopt rules requiring operators
744-19 of mobile amusement rides to perform inspections of mobile
744-20 amusement rides, including rules requiring daily inspections of
744-21 safety restraints.
744-22 (b) Rules adopted under this section may apply to specific
744-23 rides of specific manufacturers.
744-24 (c) The commissioner shall prescribe forms for inspections
744-25 required under this section and shall require records of the
744-26 inspections to be made available for inspection by any
744-27 municipality, county, or state law enforcement officials at any
745-1 location at which an amusement ride is operated.
745-2 Sec. 2151.1022. REQUIRED RECORDS OF GOVERNMENTAL ACTIONS.
745-3 (a) A person who operates an amusement ride in this state shall
745-4 maintain accurate records of any governmental action taken in any
745-5 state relating to that particular amusement ride, including an
745-6 inspection resulting in the repair or replacement of equipment used
745-7 in the operation of the amusement ride.
745-8 (b) The operator shall file with the commissioner quarterly
745-9 a report, on a form designed by the commissioner, describing each
745-10 governmental action taken in the quarter covered by the report for
745-11 which the operator is required by Subsection (a) to maintain
745-12 records. A report is not required in any quarter in which no
745-13 reportable governmental action was taken in any state in which the
745-14 person operated the amusement ride.
745-15 (c) A person who operates an amusement ride shall maintain
745-16 for not less than two years at any location where the ride is
745-17 operated, for inspection by a municipal, county, or state law
745-18 enforcement official, a photocopy of any quarterly report required
745-19 under this section or Section 2151.103 to be filed with the
745-20 commissioner.
745-21 Sec. 2151.105. SIGNAGE REQUIREMENTS. (a) The commissioner
745-22 shall adopt rules requiring that a sign be posted to inform the
745-23 public how to report an amusement ride that appears to be unsafe or
745-24 to report an amusement ride operator who appears to be violating
745-25 the law.
745-26 (b) The rules must require the sign to be posted at the
745-27 principal entrance to the site at which an amusement ride is
746-1 located or at any location on that site at which tickets for an
746-2 amusement ride are available.
746-3 Sec. 2151.106. MINIMUM STANDARDS. (a) An amusement ride
746-4 covered by this chapter that is sold, maintained, or operated in
746-5 this state must comply with standards established by the American
746-6 Society of Testing and Materials (ASTM) as of May 1, 1999. Those
746-7 standards are minimum standards.
746-8 (b) To the extent that the standards of the American Society
746-9 of Testing and Materials conflict with the requirements of this
746-10 chapter, the more stringent requirement or standard applies.
746-11 (d) Section 2151.103(c), Occupations Code, is amended to
746-12 conform to Section 3, Chapter 1364, Acts of the 76th Legislature,
746-13 Regular Session, 1999, to read as follows:
746-14 (c) The operator shall file an injury report with the
746-15 commissioner [department] on a quarterly basis. The report shall
746-16 be made on a form prescribed by the commissioner [department] and
746-17 shall include a description of each injury caused by a ride that
746-18 results in death or requires medical treatment.
746-19 (e) Section 3, Chapter 1364, Acts of the 76th Legislature,
746-20 Regular Session, 1999, is repealed.
746-21 SECTION 14.704. (a) Section 2151.151, Occupations Code, is
746-22 amended to conform to Section 4, Chapter 1364, Acts of the 76th
746-23 Legislature, Regular Session, 1999, to read as follows:
746-24 Sec. 2151.151. INJUNCTION. The district attorney of a
746-25 county in which an amusement ride is operated or, on request of the
746-26 commissioner of insurance, the attorney general or an agent of the
746-27 attorney general, may seek an injunction against a person operating
747-1 an amusement ride in violation of this chapter or in violation of a
747-2 rule adopted by the commissioner under Section 2151.1021 or
747-3 2151.105.
747-4 (b) Section 4, Chapter 1364, Acts of the 76th Legislature,
747-5 Regular Session, 1999, is repealed.
747-6 SECTION 14.705. (a) Subchapter D, Chapter 2151, Occupations
747-7 Code, is amended to conform to Sections 5, 7, and 15, Chapter 1364,
747-8 Acts of the 76th Legislature, Regular Session, 1999, by amending
747-9 Section 2151.152 and adding Sections 2151.1525-2151.1527 to read as
747-10 follows:
747-11 Sec. 2151.152. OTHER [LOCAL] ENFORCEMENT ACTIONS. (a) A
747-12 municipal, county, or state law enforcement official may determine
747-13 compliance with a provision of Subchapter C, other than Section
747-14 2151.104, in conjunction with the commissioner and may institute an
747-15 action in a court of competent jurisdiction to enforce this
747-16 chapter.
747-17 (b) A municipal, county, or state law enforcement official
747-18 may enter and inspect without notice any amusement ride at any time
747-19 to ensure public safety.
747-20 (c) The operator of an amusement ride shall immediately
747-21 provide the inspection certificate and the insurance policy
747-22 required by Section 2151.101 to a municipal, county, or state law
747-23 enforcement official requesting the information. A photocopy of
747-24 the inspection certificate or insurance policy may be provided
747-25 instead of the certificate or policy.
747-26 (d) Performance or nonperformance by a municipal, county, or
747-27 state law enforcement official of any action authorized by this
748-1 chapter is a discretionary act [A municipal or county law
748-2 enforcement official may determine compliance with Section
748-3 2151.101, 2151.102, or 2151.103 in conjunction with the department
748-4 and may commence an action to enforce this chapter].
748-5 Sec. 2151.1525. PROHIBITION OF AMUSEMENT RIDE OPERATION. (a)
748-6 Except as provided by Subsection (e), a municipal, county, or state
748-7 law enforcement official may immediately prohibit operation of an
748-8 amusement ride if:
748-9 (1) the operator of the amusement ride is unable to
748-10 provide the documents or a photocopy of the documents required by
748-11 Section 2151.152(c);
748-12 (2) the law enforcement official reasonably believes
748-13 the amusement ride is not in compliance with Section 2151.101; or
748-14 (3) the operation of the amusement ride, conduct of a
748-15 person operating the amusement ride, conduct of a person assembling
748-16 the amusement ride if it is a mobile amusement ride, or any other
748-17 circumstance causes the law enforcement official to reasonably
748-18 believe that the amusement ride is unsafe or the safety of a
748-19 passenger on the amusement ride is threatened.
748-20 (b) If the operation of an amusement ride is prohibited
748-21 under Subsection (a)(1) or (2), a person may not operate the
748-22 amusement ride unless:
748-23 (1) the operator presents to the appropriate
748-24 municipal, county, or state law enforcement official proof of
748-25 compliance with Section 2151.101; or
748-26 (2) the commissioner or the commissioner's designee
748-27 determines that on the date the amusement ride's operation was
749-1 prohibited the operator had on file with the board the documents
749-2 required by Section 2151.101 and issues a written statement
749-3 permitting the amusement ride to resume operation.
749-4 (c) If on the date an amusement ride's operation is
749-5 prohibited under Subsection (a)(3) the amusement ride is not in
749-6 compliance with Section 2151.101, a person may not operate the
749-7 amusement ride until after the person subsequently complies with
749-8 Section 2151.101.
749-9 (d) If on the date an amusement ride's operation is
749-10 prohibited under Subsection (a)(3) the amusement ride is in
749-11 compliance with Section 2151.101, a person may not operate the
749-12 amusement ride until:
749-13 (1) on-site corrections are made;
749-14 (2) an order from a district judge, county judge,
749-15 judge of a county court at law, justice of the peace, or municipal
749-16 judge permits the amusement ride to resume operation; or
749-17 (3) an insurance company insuring the amusement ride
749-18 on the date the amusement ride's operation was prohibited:
749-19 (A) reinspects the amusement ride in the same
749-20 manner required by Section 2151.101; and
749-21 (B) delivers to the commissioner or the
749-22 commissioner's designee and the appropriate law enforcement
749-23 official a reinspection certificate:
749-24 (i) stating that the required reinspection
749-25 has occurred;
749-26 (ii) stating that the amusement ride meets
749-27 coverage standards and is covered by insurance in compliance with
750-1 Section 2151.101; and
750-2 (iii) explaining the necessary repairs, if
750-3 any, that have been made to the amusement ride after its operation
750-4 was prohibited.
750-5 (e) Subsection (a) does not apply to an amusement ride with
750-6 a fixed location and operated at an amusement park that was
750-7 attended by more than 200,000 customers in the year preceding the
750-8 inspection under Section 2151.152(b).
750-9 Sec. 2151.1526. PROHIBITION OF MOBILE AMUSEMENT RIDE
750-10 OPERATION. (a) Except as provided by Subsection (b) or (c), a
750-11 mobile amusement ride on which a death occurs may not be operated.
750-12 (b) If a mobile amusement ride was in compliance with
750-13 Section 2151.101 when its operation was initially prohibited under
750-14 Subsection (a), a person may resume operating the mobile amusement
750-15 ride only after an insurance company insuring the amusement ride on
750-16 the date its operation was prohibited:
750-17 (1) reinspects the amusement ride in the same manner
750-18 required under Section 2151.101; and
750-19 (2) delivers to the commissioner or the commissioner's
750-20 designee a reinspection certificate:
750-21 (A) stating that the required reinspection has
750-22 occurred;
750-23 (B) stating that the amusement ride meets
750-24 coverage standards and is covered by insurance in compliance with
750-25 Section 2151.101; and
750-26 (C) explaining the necessary repairs, if any,
750-27 that have been made to the amusement ride after its operation was
751-1 prohibited.
751-2 (c) If a mobile amusement ride was not in compliance with
751-3 Section 2151.101 when its operation was initially prohibited under
751-4 Subsection (a), a person may resume operating the mobile amusement
751-5 ride only after the person subsequently complies with Section
751-6 2151.101.
751-7 Sec. 2151.1527. RELIEF FROM PROHIBITION ORDER. The owner or
751-8 operator of the amusement ride may file suit for relief from a
751-9 prohibition under Section 2151.1525 or 2151.1526 in a district
751-10 court in the county in which the amusement ride was located when
751-11 the prohibition against operation occurred.
751-12 (b) Sections 5 and 7, Chapter 1364, Acts of the 76th
751-13 Legislature, Regular Session, 1999, are repealed.
751-14 SECTION 14.706. (a) Section 2151.153, Occupations Code, is
751-15 amended to conform to Section 6, Chapter 1364, Acts of the 76th
751-16 Legislature, Regular Session, 1999, by amending Subsections (a) and
751-17 (c) and adding Subsection (e) to read as follows:
751-18 (a) A person commits an offense if the person fails to
751-19 comply with any requirement of:
751-20 (1) Section 2151.101, 2151.102, [and] 2151.103,
751-21 2151.1525(b), (c), or (d), or 2151.1526(a); or
751-22 (2) a rule adopted by the commissioner under Section
751-23 2151.1021 or 2151.105.
751-24 (c) An offense under this section is a Class B [C]
751-25 misdemeanor.
751-26 (e) The prosecuting attorney in a case in which a person is
751-27 convicted of an offense under this section shall report the offense
752-1 to the department not later than the 90th day after the date of the
752-2 conviction.
752-3 (b) Section 6, Chapter 1364, Acts of the 76th Legislature,
752-4 Regular Session, 1999, is repealed.
752-5 SECTION 14.707. Sections 49.01(5) and (6), Penal Code, are
752-6 amended to correct references to read as follows:
752-7 (5) "Amusement ride" has the meaning assigned by
752-8 Section 2151.002, Occupations Code [Section 2, Article 21.60,
752-9 Insurance Code].
752-10 (6) "Mobile amusement ride" has the meaning assigned
752-11 by Section 2151.002, Occupations Code [Section 2, Article 21.60,
752-12 Insurance Code].
752-13 SECTION 14.708. (a) Subchapter B, Chapter 2154, Occupations
752-14 Code, is amended to conform to Section 4, Chapter 1244, Acts of the
752-15 76th Legislature, Regular Session, 1999, by adding Section 2154.055
752-16 to read as follows:
752-17 Sec. 2154.055. FIREWORKS SAFETY AND EDUCATION PROGRAM. (a)
752-18 The commissioner shall establish a fireworks safety and education
752-19 program.
752-20 (b) The program:
752-21 (1) shall provide information relating to the proper
752-22 and safe use of fireworks and the dangers of the improper use of
752-23 fireworks; and
752-24 (2) may include any method of communicating the need
752-25 for safe use of fireworks and the dangers of improper use.
752-26 (c) The program shall be administered by the advisory
752-27 council established under Section 2154.054. The commissioner must
753-1 approve a program that the advisory council proposes to present.
753-2 (d) To fund the program, in addition to any other license or
753-3 permit fees:
753-4 (1) the holder of a retail permit issued under Section
753-5 2154.202 shall pay, on issuance or renewal of the permit, a fee in
753-6 the amount of $10; and
753-7 (2) the holder of a manufacturer's, distributor's, or
753-8 jobber's license issued under Section 2154.151, 2154.152, or
753-9 2154.153 shall pay, on issuance or renewal of the license, a fee in
753-10 the amount of $250.
753-11 (e) Money collected under Subsection (d) may be used only by
753-12 the commissioner for the purposes of this section.
753-13 (b) Section 4, Chapter 1244, Acts of the 76th Legislature,
753-14 Regular Session, 1999, is repealed.
753-15 SECTION 14.709. (a) Section 2154.303, Occupations Code, is
753-16 amended to conform to Section 1, Chapter 720, Acts of the 76th
753-17 Legislature, Regular Session, 1999, to read as follows:
753-18 Sec. 2154.303. PENALTIES. (a) A person commits an offense
753-19 if the person violates Section 2154.101(b), (c)(2), or (d),
753-20 2154.151(e), or 2154.201(a), (b)(2), or (c) or Subchapter F.
753-21 (b) Except as provided by Subsection (c), an [An] offense
753-22 under this section is a Class B misdemeanor.
753-23 (c) A violation of Section 2154.251(a)(1), (2), (3), (4), or
753-24 (5) that results in property damage in an amount of less than $200
753-25 and does not result in bodily injury or death is a Class C
753-26 misdemeanor.
753-27 (d) [(c)] Each day a violation occurs or continues
754-1 constitutes a separate offense.
754-2 (e) [(d)] Venue under this section is in the county in which
754-3 the offense is committed or in Travis County.
754-4 (f) [(e)] If the commissioner determines that a violation of
754-5 this chapter creates a threat to the public safety, the
754-6 commissioner may bring suit in the district court of the county in
754-7 which the person who committed the offense resides or has an office
754-8 to enjoin the person from engaging in the prohibited activity. The
754-9 commissioner is not required to give bond as a condition to the
754-10 issuance of injunctive relief.
754-11 (b) Section 1, Chapter 720, Acts of the 76th Legislature,
754-12 Regular Session, 1999, is repealed.
754-13 PART 21. CROSS-REFERENCE AND OTHER CONFORMING CHANGES
754-14 SECTION 14.721. Section 63.034, Agriculture Code, is amended
754-15 to read as follows:
754-16 Sec. 63.034. REFUSAL OR REVOCATION OF PERMIT. Following
754-17 notice and a hearing, the service may revoke, suspend, annul, or
754-18 amend an existing permit or may refuse to issue a permit if it
754-19 finds that the permittee or applicant has:
754-20 (1) been convicted of a crime for which a permit may
754-21 be revoked, suspended, annulled, amended, or refused under Chapter
754-22 53, Occupations Code [Article 6252-13c, Revised Statutes];
754-23 (2) refused or after notice failed to comply with this
754-24 chapter and rules adopted under this chapter; or
754-25 (3) used fraudulent or deceptive practices in
754-26 attempting evasion of this chapter or a rule adopted under this
754-27 chapter.
755-1 SECTION 14.722. Section 63.035, Agriculture Code, is amended
755-2 to read as follows:
755-3 Sec. 63.035. REFUSAL OR REVOCATION OF REGISTRATION.
755-4 Following notice and a hearing, the service may revoke, suspend,
755-5 annul, or amend an existing registration of or may refuse a
755-6 registration to a commercial fertilizer if the service finds that:
755-7 (1) the commercial fertilizer:
755-8 (A) is not in compliance with this chapter or a
755-9 rule adopted under this chapter; or
755-10 (B) contains a pesticide as defined by Chapter
755-11 76 of this code that has not been registered in accordance with
755-12 that chapter; or
755-13 (2) the registrant or applicant has:
755-14 (A) been convicted of a crime for which
755-15 registration may be revoked, suspended, annulled, amended, or
755-16 refused under Chapter 53, Occupations Code [Article 6252-13c,
755-17 Revised Statutes];
755-18 (B) refused or after notice failed to comply
755-19 with this chapter and rules adopted under this chapter; or
755-20 (C) used fraudulent or deceptive practices in
755-21 attempted evasion of this chapter or a rule adopted under this
755-22 chapter.
755-23 SECTION 14.723. Section 141.025, Agriculture Code, is amended
755-24 to read as follows:
755-25 Sec. 141.025. REFUSAL OR REVOCATION OF LICENSE. Following
755-26 notice and a hearing, the service may revoke, suspend, annul, or
755-27 amend an existing license or may refuse to issue a license if it
756-1 finds that the licensee or applicant has:
756-2 (1) been convicted of a crime for which a license may
756-3 be revoked, suspended, annulled, amended, or refused under Chapter
756-4 53, Occupations Code [Article 6252-13c, Revised Statutes];
756-5 (2) refused or after notice failed to comply with this
756-6 chapter and rules adopted under this chapter; or
756-7 (3) used fraudulent or deceptive practices in
756-8 attempting evasion of this chapter or a rule adopted under this
756-9 chapter.
756-10 SECTION 14.724. Section 5.07(d), Alcoholic Beverage Code, is
756-11 repealed because that section is obsolete.
756-12 SECTION 14.725. Section 11.61(e), Alcoholic Beverage Code, is
756-13 amended to read as follows:
756-14 (e) Except as provided by Subsection (f), the commission or
756-15 administrator shall cancel an original or renewal permit if it is
756-16 found, after notice and hearing, that the permittee knowingly
756-17 allowed a person to possess a firearm in a building on the licensed
756-18 premises. This subsection does not apply to a person:
756-19 (1) who holds a security officer commission issued
756-20 under Chapter 1702, Occupations Code [by the Texas Board of Private
756-21 Investigators and Private Security Agencies], if:
756-22 (A) the person is engaged in the performance of
756-23 the person's duties as a security officer;
756-24 (B) the person is wearing a distinctive uniform;
756-25 and
756-26 (C) the weapon is in plain view;
756-27 (2) who is a peace officer;
757-1 (3) who is a permittee or an employee of a permittee
757-2 if the person is supervising the operation of the premises; or
757-3 (4) who possesses a concealed handgun of the same
757-4 category the person is licensed to carry under Subchapter H,
757-5 Chapter 411, Government Code, unless the person is on the premises
757-6 of a business described by Section 46.035(b)(1), Penal Code.
757-7 SECTION 14.726. Section 61.71(f), Alcoholic Beverage Code, is
757-8 amended to read as follows:
757-9 (f) Except as provided by Subsection (g), the commission or
757-10 administrator shall cancel an original or renewal dealer's
757-11 on-premises or off-premises license if it is found, after notice
757-12 and hearing, that the licensee knowingly allowed a person to
757-13 possess a firearm in a building on the licensed premises. This
757-14 subsection does not apply to a person:
757-15 (1) who holds a security officer commission issued
757-16 under Chapter 1702, Occupations Code [by the Texas Board of Private
757-17 Investigators and Private Security Agencies], if:
757-18 (A) the person is engaged in the performance of
757-19 the person's duties as a security officer;
757-20 (B) the person is wearing a distinctive uniform;
757-21 and
757-22 (C) the weapon is in plain view;
757-23 (2) who is a peace officer;
757-24 (3) who is a licensee or an employee of a licensee if
757-25 the person is supervising the operation of the premises; or
757-26 (4) who possesses a concealed handgun of the same
757-27 category the person is licensed to carry under Subchapter H,
758-1 Chapter 411, Government Code, unless the person is on the premises
758-2 of a business described by Section 46.035(b)(1), Penal Code.
758-3 SECTION 14.727. Section 101.74(a), Alcoholic Beverage Code,
758-4 is amended to read as follows:
758-5 (a) An organization licensed to conduct bingo under Chapter
758-6 2001, Occupations Code, [the Bingo Enabling Act (Article 179d,
758-7 Vernon's Texas Civil Statutes)] may not offer an alcoholic beverage
758-8 as a bingo prize or as a door prize at a bingo occasion.
758-9 SECTION 14.728. Section 9.102(a)(20), Business & Commerce
758-10 Code, is amended to read as follows:
758-11 (20) "Consignment" means a transaction, regardless of
758-12 its form, in which a person delivers goods to a merchant for the
758-13 purpose of sale and:
758-14 (A) the merchant:
758-15 (i) deals in goods of that kind under a
758-16 name other than the name of the person making delivery;
758-17 (ii) is not an auctioneer; and
758-18 (iii) is not generally known by its
758-19 creditors to be substantially engaged in selling the goods of
758-20 others;
758-21 (B) with respect to each delivery, the aggregate
758-22 value of the goods is $1,000 or more at the time of delivery;
758-23 (C) the goods are not consumer goods immediately
758-24 before delivery;
758-25 (D) the transaction does not create a security
758-26 interest that secures an obligation; and
758-27 (E) the transaction does not involve delivery of
759-1 a work of art to an art dealer, as provided by Chapter 2101,
759-2 Occupations Code [the Artists' Consignment Act (Article 9018,
759-3 Vernon's Texas Civil Statutes)].
759-4 SECTION 14.729. Section 15.50(b), Business & Commerce Code,
759-5 is amended to read as follows:
759-6 (b) A covenant not to compete is enforceable against a
759-7 person licensed as a physician by the Texas State Board of Medical
759-8 Examiners if such covenant complies with the following
759-9 requirements:
759-10 (1) the covenant must:
759-11 (A) not deny the physician access to a list of
759-12 his patients whom he had seen or treated within one year of
759-13 termination of the contract or employment;
759-14 (B) provide access to medical records of the
759-15 physician's patients upon authorization of the patient and any
759-16 copies of medical records for a reasonable fee as established by
759-17 the Texas State Board of Medical Examiners under Section 159.008,
759-18 Occupations Code [5.08(o), Medical Practice Act (Article 4495b,
759-19 Vernon's Texas Civil Statutes)]; and
759-20 (C) provide that any access to a list of
759-21 patients or to patients' medical records after termination of the
759-22 contract or employment shall not require such list or records to be
759-23 provided in a format different than that by which such records are
759-24 maintained except by mutual consent of the parties to the contract;
759-25 (2) the covenant must provide for a buy out of the
759-26 covenant by the physician at a reasonable price or, at the option
759-27 of either party, as determined by a mutually agreed upon arbitrator
760-1 or, in the case of an inability [inabilility] to agree, an
760-2 arbitrator of the court whose decision shall be binding on the
760-3 parties; and
760-4 (3) the covenant must provide that the physician will
760-5 not be prohibited from providing continuing care and treatment to a
760-6 specific patient or patients during the course of an acute illness
760-7 even after the contract or employment has been terminated.
760-8 SECTION 14.730. Section 38.053, Business & Commerce Code, is
760-9 amended to read as follows:
760-10 Sec. 38.053. PERSONS OR ITEMS REGULATED BY OTHER LAW. This
760-11 chapter does not apply to:
760-12 (1) a person offering or selling a security that has
760-13 been qualified for sale under Section 7, The Securities Act
760-14 (Article 581-7, Vernon's Texas Civil Statutes), or that is subject
760-15 to an exemption under Section 5 or 6 of that Act;
760-16 (2) a publicly traded corporation registered with the
760-17 Securities and Exchange Commission or the State Securities Board,
760-18 or a subsidiary or agent of the corporation;
760-19 (3) a person licensed under the Insurance Code if the
760-20 solicited transaction is governed by the Insurance Code;
760-21 (4) a supervised financial institution or parent,
760-22 subsidiary, or affiliate of a supervised financial institution;
760-23 (5) a person or affiliate of a person whose business
760-24 is regulated by the Public Utility Commission of Texas, except that
760-25 this chapter applies to a person or affiliate of a person who is
760-26 regulated by the Public Utility Commission of Texas only with
760-27 respect to one or more automated dial announcing devices;
761-1 (6) a person subject to the control or licensing
761-2 regulations of the Federal Communications Commission;
761-3 (7) a person selling a contractual plan regulated by
761-4 the Federal Trade Commission trade regulation on use of negative
761-5 option plans by sellers in commerce under 16 C.F.R. Part 425;
761-6 (8) a person subject to the filing requirements of
761-7 Chapter 1803, Occupations Code [920, Acts of the 73rd Legislature,
761-8 Regular Session, 1993 (Article 9023c, Vernon's Texas Civil
761-9 Statutes)]; or
761-10 (9) a person soliciting a transaction regulated by the
761-11 Commodity Futures Trading Commission if the person is registered or
761-12 temporarily licensed for that activity with the Commodity Futures
761-13 Trading Commission under the Commodity Exchange Act (7 U.S.C.
761-14 Section 1 et seq.) and the registration or license has not expired
761-15 or been suspended or revoked.
761-16 SECTION 14.731. Section 81.001(2), Civil Practice and
761-17 Remedies Code, is amended to read as follows:
761-18 (2) "Mental health services provider" means an
761-19 individual, licensed or unlicensed, who performs or purports to
761-20 perform mental health services, including a:
761-21 (A) licensed social worker as defined by Section
761-22 505.002, Occupations [50.001, Human Resources] Code;
761-23 (B) chemical dependency counselor as defined by
761-24 Section 504.001, Occupations Code [1, Chapter 635, Acts of the 72nd
761-25 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
761-26 Civil Statutes)];
761-27 (C) licensed professional counselor as defined
762-1 by Section 503.002, Occupations Code [2, Licensed Professional
762-2 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
762-3 (D) licensed marriage and family therapist as
762-4 defined by Section 502.002, Occupations Code [2, Licensed Marriage
762-5 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
762-6 Statutes)];
762-7 (E) member of the clergy;
762-8 (F) physician who is practicing medicine as
762-9 defined by Section 151.002, Occupations Code [1.03, Medical
762-10 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
762-11 (G) psychologist offering psychological services
762-12 as defined by Section 501.003, Occupations Code [2, Psychologists'
762-13 Certification and Licensing Act (Article 4512c, Vernon's Texas
762-14 Civil Statutes)]; or
762-15 (H) special officer for mental health assignment
762-16 certified under Section 1701.404, Occupations [415.037, Government]
762-17 Code.
762-18 SECTION 14.732. Section 84.003(5), Civil Practice and
762-19 Remedies Code, is amended to read as follows:
762-20 (5) "Volunteer health care provider" means an
762-21 individual who voluntarily provides health care services without
762-22 compensation or expectation of compensation and who is:
762-23 (A) an individual who is licensed to practice
762-24 medicine under Subtitle B, Title 3, Occupations Code [the Medical
762-25 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
762-26 (B) a retired physician who is eligible to
762-27 provide health care services, including a retired physician who is
763-1 licensed but exempt from paying the required annual registration
763-2 fee under Section 156.002, Occupations Code [3.01(g), Medical
763-3 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
763-4 (C) a physician assistant licensed under Chapter
763-5 204, Occupations Code, [the Physician Assistant Licensing Act
763-6 (Article 4495b-1, Vernon's Texas Civil Statutes)] or a retired
763-7 physician assistant who is eligible to provide health care services
763-8 under the law of this state;
763-9 (D) a registered nurse, including an advanced
763-10 nurse practitioner, licensed under Chapter 301, Occupations Code
763-11 [7, Title 71, Revised Statutes], or a retired registered nurse,
763-12 including a retired advanced nurse practitioner, who is eligible to
763-13 provide health care services under the law of this state;
763-14 (E) a licensed vocational nurse licensed under
763-15 Chapter 302, Occupations Code [118, Acts of the 52nd Legislature,
763-16 Regular Session, 1951 (Article 4528c, Vernon's Texas Civil
763-17 Statutes)], or a retired licensed vocational nurse who is eligible
763-18 to provide health care services under the law of this state;
763-19 (F) a pharmacist licensed under Subtitle J,
763-20 Title 3, Occupations Code, [the Texas Pharmacy Act (Article
763-21 4542a-1, Vernon's Texas Civil Statutes)] or a retired pharmacist
763-22 who is eligible to provide health care services under the law of
763-23 this state;
763-24 (G) a podiatrist licensed under Chapter 202,
763-25 Occupations Code [11, Title 71, Revised Statutes], or a retired
763-26 podiatrist who is eligible to provide health care services under
763-27 the law of this state;
764-1 (H) a dentist licensed under Subtitle D, Title
764-2 3, Occupations Code, [the Dental Practice Act (Chapter 9, Title 71,
764-3 Revised Statutes)] or a retired dentist who is eligible to provide
764-4 health care services under the law of this state;
764-5 (I) a dental hygienist licensed under Subtitle
764-6 D, Title 3, Occupations Code [Chapter 475, Acts of the 52nd
764-7 Legislature, Regular Session, 1951 (Article 4551e, Vernon's Texas
764-8 Civil Statutes)], or a retired dental hygienist who is eligible to
764-9 provide health care services under the law of this state; or
764-10 (J) an optometrist or therapeutic optometrist
764-11 licensed under Chapter 351, Occupations Code, [the Texas Optometry
764-12 Act (Article 4552-1.01 et seq., Vernon's Texas Civil Statutes)] or
764-13 a retired optometrist or therapeutic optometrist who is eligible to
764-14 provide health care services under the law of this state.
764-15 SECTION 14.733. Article 23.05(b), Code of Criminal Procedure,
764-16 is amended to read as follows:
764-17 (b) A capias issued under this article may be executed by a
764-18 peace officer or by a private investigator licensed under Chapter
764-19 1702, Occupations Code [the Private Investigators and Private
764-20 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
764-21 Statutes)].
764-22 SECTION 14.734. Article 26.05(f), Code of Criminal Procedure,
764-23 is amended to read as follows:
764-24 (f) Reimbursement of expenses incurred for purposes of
764-25 investigation or expert testimony may be paid directly to a private
764-26 investigator licensed under Chapter 1702, Occupations Code, [the
764-27 Private Investigators and Private Security Agencies Act (Article
765-1 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
765-2 in the manner designated by appointed counsel and approved by the
765-3 court.
765-4 SECTION 14.735. Article 26.052(l), Code of Criminal
765-5 Procedure, is amended to read as follows:
765-6 (l) An attorney appointed under this article to represent a
765-7 defendant at trial or on direct appeal is compensated as provided
765-8 by Article 26.05 from county funds. Advance payment of expenses
765-9 anticipated or reimbursement of expenses incurred for purposes of
765-10 investigation or expert testimony may be paid directly to a private
765-11 investigator licensed under Chapter 1702, Occupations Code, [the
765-12 Private Investigators and Private Security Agencies Act (Article
765-13 4413(29bb), Vernon's Texas Civil Statutes)] or to an expert witness
765-14 in the manner designated by appointed counsel and approved by the
765-15 court.
765-16 SECTION 14.736. Section 1(a), Article 46.04, Code of Criminal
765-17 Procedure, as added by Chapter 1512, Acts of the 76th Legislature,
765-18 Regular Session, 1999, is amended to read as follows:
765-19 (a) A patient transported from a jail or detention facility
765-20 to a mental health facility or a residential care facility shall be
765-21 transported by a special officer for mental health assignment
765-22 certified under Section 1701.404, Occupations [415.037, Government]
765-23 Code, or by a sheriff or constable.
765-24 SECTION 14.737. Article 49.01(5), Code of Criminal Procedure,
765-25 is amended to read as follows:
765-26 (5) "Physician" means a practicing doctor of medicine
765-27 or doctor of osteopathic medicine who is licensed by the Texas
766-1 State Board of Medical Examiners under Subtitle B, Title 3,
766-2 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
766-3 Texas Civil Statutes)].
766-4 SECTION 14.738. Section 61.601(1), Education Code, is amended
766-5 to read as follows:
766-6 (1) "Physical therapist" means a person licensed under
766-7 Chapter 453, Occupations Code [836, Acts of the 62nd Legislature,
766-8 Regular Session, 1971 (Article 4512e, Vernon's Texas Civil
766-9 Statutes)].
766-10 SECTION 14.739. Section 61.851, Education Code, as added by
766-11 Chapter 1243, Acts of the 76th Legislature, Regular Session, 1999,
766-12 and renumbered as Section 61.921, Education Code, by Article 21 of
766-13 this Act, is amended by amending Subdivisions (1), (2), (4), (5),
766-14 (6), and (9) to read as follows:
766-15 (1) "College of pharmacy" means a college, school, or
766-16 university of pharmacy in this state that has an accredited
766-17 pharmacy degree program approved by the Texas State Board of
766-18 Pharmacy as provided by Subtitle J, Title 3, Occupations Code [the
766-19 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
766-20 Statutes)].
766-21 (2) "Community pharmacy" means a pharmacy that holds a
766-22 Class A pharmacy license or a community pharmacy license as those
766-23 terms are defined by Section 551.003, Occupations Code [5, Texas
766-24 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
766-25 (4) "Institutional pharmacy" means a pharmacy that
766-26 holds a Class C pharmacy license or an institutional pharmacy
766-27 license as those terms are defined by Section 551.003, Occupations
767-1 Code [5, Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
767-2 Statutes)].
767-3 (5) "Nuclear pharmacy" means a pharmacy that holds a
767-4 Class B pharmacy license or a nuclear pharmacy license as those
767-5 terms are defined by Section 551.003, Occupations Code [5, Texas
767-6 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
767-7 (6) "Pharmacy residency program" means a postgraduate
767-8 residency program approved by the Texas State Board of Pharmacy as
767-9 provided by Subtitle J, Title 3, Occupations Code [the Texas
767-10 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)].
767-11 (9) "Resident pharmacist" means a person who:
767-12 (A) has received a professional practice degree
767-13 from an accredited pharmacy degree program approved by the Texas
767-14 State Board of Pharmacy as provided by Subtitle J, Title 3,
767-15 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
767-16 Texas Civil Statutes)];
767-17 (B) is licensed to practice pharmacy by the
767-18 Texas State Board of Pharmacy; and
767-19 (C) is appointed to a resident pharmacist
767-20 position by a college of pharmacy.
767-21 SECTION 14.740. Section 96.641(f), Education Code, is amended
767-22 to read as follows:
767-23 (f) An individual who is subject to the continuing education
767-24 requirements of Subsection (b) is exempt from other continuing
767-25 education requirements under Subchapter H, Chapter 1701,
767-26 Occupations [Section 415.034, Government] Code.
767-27 SECTION 14.741. Section 33.002(f), Family Code, is amended to
768-1 read as follows:
768-2 (f) A certification required by Subsection (a)(4) is
768-3 confidential and privileged and is not subject to disclosure under
768-4 Chapter 552, Government Code, or to discovery, subpoena, or other
768-5 legal process. Personal or identifying information about the
768-6 minor, including her name, address, or social security number, may
768-7 not be included in a certification under Subsection (a)(4). The
768-8 physician must keep the medical records on the minor in compliance
768-9 with the rules adopted by the Texas State Board of Medical
768-10 Examiners under Section 153.003, Occupations Code [5.085, Medical
768-11 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
768-12 SECTION 14.742. Section 33.003(f), Family Code, is amended to
768-13 read as follows:
768-14 (f) The court may appoint to serve as guardian ad litem:
768-15 (1) a person who may consent to treatment for the
768-16 minor under Sections 32.001(a)(1)-(3);
768-17 (2) a psychiatrist or an individual licensed or
768-18 certified as a psychologist under Chapter 501, Occupations Code
768-19 [the Psychologists' Licensing Act (Article 4512c, Vernon's Texas
768-20 Civil Statutes)];
768-21 (3) an appropriate employee of the Department of
768-22 Protective and Regulatory Services;
768-23 (4) a member of the clergy; or
768-24 (5) another appropriate person selected by the court.
768-25 SECTION 14.743. Section 54.0405(d), Family Code, is amended
768-26 to read as follows:
768-27 (d) A polygraph examination required as a condition of
769-1 probation under Subsection (a) must be administered by an
769-2 individual who is:
769-3 (1) specified by the local juvenile probation
769-4 department supervising the child; and
769-5 (2) licensed as a polygraph examiner under Chapter
769-6 1703, Occupations Code [the Polygraph Examiners Act (Article
769-7 4413(29cc), Vernon's Texas Civil Statutes)].
769-8 SECTION 14.744. Section 232.002, Family Code, as amended by
769-9 Section 4, Chapter 1254, and Section 23, Chapter 1477, Acts of the
769-10 76th Legislature, Regular Session, 1999, is reenacted and amended
769-11 to conform to Section 5, Chapter 974, Acts of the 76th Legislature,
769-12 Regular Session, 1999, to read as follows:
769-13 Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
769-14 following are licensing authorities subject to this chapter:
769-15 (1) Department of Agriculture;
769-16 (2) Texas Commission on Alcohol and Drug Abuse;
769-17 (3) Texas Alcoholic Beverage Commission;
769-18 (4) Texas Appraiser Licensing and Certification Board;
769-19 (5) Texas Board of Architectural Examiners;
769-20 (6) State Board of Barber Examiners;
769-21 (7) Texas Board of Chiropractic Examiners;
769-22 (8) Comptroller of Public Accounts;
769-23 (9) Texas Cosmetology Commission;
769-24 (10) Court Reporters Certification Board;
769-25 (11) State Board of Dental Examiners;
769-26 (12) Texas State Board of Examiners of Dietitians;
769-27 (13) Texas Funeral Service Commission;
770-1 (14) Texas Department of Health;
770-2 (15) Texas Department of Human Services;
770-3 (16) Texas Board of Professional Land Surveying;
770-4 (17) Texas Department of Licensing and Regulation;
770-5 (18) Texas State Board of Examiners of Marriage and
770-6 Family Therapists;
770-7 (19) Texas State Board of Medical Examiners;
770-8 (20) Midwifery Board;
770-9 (21) Texas Natural Resource Conservation Commission;
770-10 (22) Board of Nurse Examiners;
770-11 (23) Texas Board of Occupational Therapy Examiners;
770-12 (24) Texas Optometry Board;
770-13 (25) Parks and Wildlife Department;
770-14 (26) Texas State Board of Examiners of Perfusionists;
770-15 (27) Texas State Board of Pharmacy;
770-16 (28) Texas Board of Physical Therapy Examiners;
770-17 (29) Texas State Board of Plumbing Examiners;
770-18 (30) Texas State Board of Podiatric Medical Examiners;
770-19 (31) Polygraph Examiners Board;
770-20 (32) Texas Commission on [Board of] Private
770-21 [Investigators and Private] Security [Agencies];
770-22 (33) Texas State Board of Examiners of Professional
770-23 Counselors;
770-24 (34) Texas Board of Professional Engineers;
770-25 (35) Department of Protective and Regulatory Services;
770-26 (36) Texas State Board of Examiners of Psychologists;
770-27 (37) Texas State Board of Public Accountancy;
771-1 (38) Department of Public Safety of the State of
771-2 Texas;
771-3 (39) Public Utility Commission of Texas;
771-4 (40) Railroad Commission of Texas;
771-5 (41) Texas Real Estate Commission;
771-6 (42) State Bar of Texas;
771-7 (43) Texas State Board of Social Worker Examiners;
771-8 (44) State Board of Examiners for Speech-Language
771-9 Pathology and Audiology;
771-10 (45) Texas Structural Pest Control Board;
771-11 (46) Board of Tax Professional Examiners;
771-12 (47) Secretary of State;
771-13 (48) Supreme Court of Texas;
771-14 (49) Texas Transportation Commission;
771-15 (50) State Board of Veterinary Medical Examiners;
771-16 (51) Board of Vocational Nurse Examiners;
771-17 (52) Texas Ethics Commission;
771-18 (53) Advisory Board of Athletic Trainers;
771-19 (54) State Committee of Examiners in the Fitting and
771-20 Dispensing of Hearing Instruments;
771-21 (55) Texas Board of Licensure for Professional Medical
771-22 Physicists;
771-23 (56) Texas Department of Insurance;
771-24 (57) Texas Board of Orthotics and Prosthetics; [and]
771-25 (58) savings and loan commissioner; and[.]
771-26 (59) [(58)] Texas Juvenile Probation Commission.
771-27 SECTION 14.745. Section 153.117(e), Finance Code, is amended
772-1 to read as follows:
772-2 (e) A person engaged in the business of currency
772-3 transportation who is both a registered motor carrier under Chapter
772-4 643, Transportation Code, and a licensed armored car company or
772-5 courier company under Chapter 1702, Occupations Code [the Private
772-6 Investigators and Private Security Agencies Act (Article
772-7 4413(29bb), Vernon's Texas Civil Statutes)], is not required to be
772-8 licensed under this chapter. This exemption does not authorize the
772-9 person to engage in the business of currency exchange or
772-10 transmission without a license issued under this chapter.
772-11 SECTION 14.746. Sections 156.204(a) and (c), Finance Code,
772-12 are amended to read as follows:
772-13 (a) To be eligible to be licensed as a mortgage broker a
772-14 person must:
772-15 (1) be an individual who is at least 18 years of age;
772-16 (2) be a citizen of the United States or a lawfully
772-17 admitted alien;
772-18 (3) maintain a physical office in this state and
772-19 designate that office in the application;
772-20 (4) provide the commissioner with satisfactory
772-21 evidence that the applicant satisfies one of the following:
772-22 (A) the person has received a bachelor's degree
772-23 in an area relating to finance, banking, or business administration
772-24 from an accredited college or university and has 18 months of
772-25 experience in the mortgage or lending field as evidenced by
772-26 documentary proof of full-time employment as a mortgage broker or
772-27 loan officer with a mortgage broker or a person exempt under
773-1 Section 156.202;
773-2 (B) the person is licensed in this state as:
773-3 (i) an active real estate broker under The
773-4 Real Estate License Act (Article 6573a, Vernon's Texas Civil
773-5 Statutes);
773-6 (ii) an active attorney; or
773-7 (iii) a local recording agent or insurance
773-8 solicitor or agent for a legal reserve life insurance company under
773-9 Chapter 21, Insurance Code, or holds an equivalent license under
773-10 Chapter 21, Insurance Code; or
773-11 (C) the person has three years of experience in
773-12 the mortgage lending field as evidenced by documentary proof of
773-13 full-time employment as a loan officer with a mortgage broker or a
773-14 person exempt under Section 156.202;
773-15 (5) demonstrate evidence of compliance with the
773-16 financial requirements of this chapter; and
773-17 (6) not have been convicted of a criminal offense that
773-18 the commissioner determines directly relates to the occupation of a
773-19 mortgage broker under Chapter 53, Occupations Code [Article
773-20 6252-13c, Revised Statutes].
773-21 (c) To be eligible to be licensed as a loan officer a person
773-22 must:
773-23 (1) be an individual who is at least 18 years of age;
773-24 (2) be a citizen of the United States or a lawfully
773-25 admitted alien;
773-26 (3) designate in the application the name of the
773-27 mortgage broker sponsoring the loan officer;
774-1 (4) provide the commissioner with satisfactory
774-2 evidence that the applicant satisfies one of the following:
774-3 (A) the person meets one of the requirements
774-4 described by Subsection (a)(4);
774-5 (B) the person has successfully completed 15
774-6 hours of education courses approved by the commissioner under this
774-7 section;
774-8 (C) the person has 18 months of experience as a
774-9 loan officer as evidenced by documentary proof of full-time
774-10 employment as a loan officer with a mortgage broker or a person
774-11 exempt under Section 156.202; or
774-12 (D) for applications received prior to January
774-13 1, 2000, the mortgage broker that will sponsor the applicant
774-14 provides a certification under oath that the applicant has been
774-15 provided necessary and appropriate education and training regarding
774-16 all applicable state and federal law and regulations relating to
774-17 mortgage loans; and
774-18 (5) not have been convicted of a criminal offense that
774-19 the commissioner determines directly relates to the occupation of a
774-20 loan officer under Chapter 53, Occupations Code [Article 6252-13c,
774-21 Revised Statutes].
774-22 SECTION 14.747. Sections 156.208(a) and (b), Finance Code,
774-23 are amended to read as follows:
774-24 (a) A mortgage broker license issued under this chapter is
774-25 valid for two years and may be renewed on or before its expiration
774-26 date if the mortgage broker:
774-27 (1) pays to the commissioner a renewal fee in an
775-1 amount determined by the commissioner not to exceed $375 and a
775-2 recovery fund fee provided by Section 156.502;
775-3 (2) has not been convicted of a felony the
775-4 commissioner determines is directly related to the occupation of a
775-5 mortgage broker under Chapter 53, Occupations Code [Article
775-6 6252-13c, Revised Statutes]; and
775-7 (3) provides the commissioner with satisfactory
775-8 evidence that the mortgage broker:
775-9 (A) has attended, during the term of the current
775-10 license, 15 hours of continuing education courses that the
775-11 commissioner, in accordance with the rules adopted under this
775-12 section, has approved as continuing education courses; or
775-13 (B) maintains an active license in this state
775-14 as:
775-15 (i) a real estate broker;
775-16 (ii) a real estate salesperson;
775-17 (iii) an attorney; or
775-18 (iv) a local recording agent or insurance
775-19 solicitor or agent for a legal reserve life insurance company under
775-20 Chapter 21, Insurance Code, or an equivalent license under Chapter
775-21 21, Insurance Code.
775-22 (b) A loan officer license issued under this chapter is
775-23 valid for two years and may be renewed on or before its expiration
775-24 date if the loan officer:
775-25 (1) pays to the commissioner a renewal fee in an
775-26 amount determined by the commissioner not to exceed $175 and a
775-27 recovery fund fee provided by Section 156.502;
776-1 (2) has not been convicted of a felony the
776-2 commissioner determines is directly related to the occupation of a
776-3 loan officer under Chapter 53, Occupations Code [Article 6252-13c,
776-4 Revised Statutes]; and
776-5 (3) provides the commissioner with satisfactory
776-6 evidence that the loan officer:
776-7 (A) has attended, during the term of the current
776-8 license, 15 hours of continuing education courses that the
776-9 commissioner, in accordance with the rules adopted under this
776-10 section, has approved as continuing education courses, including
776-11 courses provided by or through the licensed mortgage broker with
776-12 whom the loan officer is associated after submission to and
776-13 approval by the commission; or
776-14 (B) maintains an active license in this state
776-15 as:
776-16 (i) a real estate broker;
776-17 (ii) a real estate salesperson;
776-18 (iii) an attorney; or
776-19 (iv) a local recording agent or insurance
776-20 solicitor or agent for a legal reserve life insurance company under
776-21 Chapter 21, Insurance Code, or an equivalent license under Chapter
776-22 21, Insurance Code.
776-23 SECTION 14.748. Section 371.052(c), Finance Code, is amended
776-24 to read as follows:
776-25 (c) For purposes of a disqualification under Chapter 53,
776-26 Occupations Code [Article 6252-13c, Revised Statutes], the
776-27 commissioner is a licensing authority.
777-1 SECTION 14.749. Section 371.102(b), Finance Code, is amended
777-2 to read as follows:
777-3 (b) For purposes of a disqualification under Chapter 53,
777-4 Occupations Code [Article 6252-13c, Revised Statutes], the
777-5 commissioner is a licensing authority.
777-6 SECTION 14.750. Section 404.073(c), Government Code, is
777-7 amended to read as follows:
777-8 (c) Interest that has been and that will be accrued or
777-9 earned from deposits made under a law to which this subsection
777-10 applies is state funds not subject to allocation or distribution to
777-11 taxing units, cities, or transportation authorities under that law.
777-12 This subsection applies to:
777-13 (1) Section 205.02, Alcoholic Beverage Code;
777-14 (2) Section 2001.507, Occupations Code [26, Bingo
777-15 Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
777-16 (3) Section 403.105(d) of this code;
777-17 (4) Sections 321.501 and 321.504, Tax Code;
777-18 (5) Sections 322.301 and 322.304, Tax Code; and
777-19 (6) Sections 323.501 and 323.504, Tax Code.
777-20 SECTION 14.751. Section 411.042(b), Government Code, is
777-21 amended to read as follows:
777-22 (b) The bureau of identification and records shall:
777-23 (1) procure and file for record photographs, pictures,
777-24 descriptions, fingerprints, measurements, and other pertinent
777-25 information of all persons arrested for or charged with a criminal
777-26 offense or convicted of a criminal offense, regardless of whether
777-27 the conviction is probated;
778-1 (2) collect information concerning the number and
778-2 nature of offenses reported or known to have been committed in the
778-3 state and the legal steps taken in connection with the offenses,
778-4 and other information useful in the study of crime and the
778-5 administration of justice, including a statistical breakdown of
778-6 those offenses in which family violence was involved;
778-7 (3) make ballistic tests of bullets and firearms and
778-8 chemical analyses of bloodstains, cloth, materials, and other
778-9 substances for law enforcement officers of the state;
778-10 (4) cooperate with identification and crime records
778-11 bureaus in other states and the United States Department of
778-12 Justice;
778-13 (5) maintain a list of all previous background checks
778-14 for applicants for any position regulated under Chapter 1702,
778-15 Occupations Code, [the Private Investigators and Private Security
778-16 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
778-17 who have undergone a criminal history background check under
778-18 Section 411.119, if the check indicates a Class B misdemeanor or
778-19 equivalent offense or a greater offense; and
778-20 (6) collect information concerning the number and
778-21 nature of protective orders and all other pertinent information
778-22 about all persons on active protective orders. Information in the
778-23 law enforcement information system relating to an active protective
778-24 order shall include:
778-25 (A) the name, sex, race, date of birth, personal
778-26 descriptors, address, and county of residence of the person to whom
778-27 the order is directed;
779-1 (B) any known identifying number of the person
779-2 to whom the order is directed, including the person's social
779-3 security number or driver's license number;
779-4 (C) the name and county of residence of the
779-5 person protected by the order;
779-6 (D) the residence address and place of
779-7 employment or business of the person protected by the order, unless
779-8 that information is excluded from the order under Section 85.007,
779-9 Family Code;
779-10 (E) the child-care facility or school where a
779-11 child protected by the order normally resides or which the child
779-12 normally attends, unless that information is excluded from the
779-13 order under Section 85.007, Family Code;
779-14 (F) the relationship or former relationship
779-15 between the person who is protected by the order and the person to
779-16 whom the order is directed; and
779-17 (G) the date the order expires.
779-18 SECTION 14.752. Section 411.091(a), Government Code, is
779-19 amended to eliminate obsolete provisions to read as follows:
779-20 (a) The Texas Alcoholic Beverage Commission is entitled to
779-21 obtain from the department criminal history record information
779-22 maintained by the department that[:]
779-23 [(1)] the commission believes is necessary for the
779-24 enforcement or administration of the Alcoholic Beverage Code[; or]
779-25 [(2) pertains to a person who, under the Bingo
779-26 Enabling Act (Article 179d, Vernon's Texas Civil Statutes), is:]
779-27 [(A) an operator or an applicant to act as an
780-1 operator of bingo occasions;]
780-2 [(B) an officer of an organization that applies
780-3 for or holds a license to conduct bingo;]
780-4 [(C) a person who works at or will work at
780-5 proposed bingo games;]
780-6 [(D) an applicant for a license to act or a
780-7 person who holds a license to act as a commercial lessor,
780-8 manufacturer, or distributor;]
780-9 [(E) a spouse of or a person related in the
780-10 first degree by consanguinity or affinity, as determined under
780-11 Chapter 573, to:]
780-12 [(i) a person who has a greater than 10
780-13 percent proprietary, equitable, or credit interest; or]
780-14 [(ii) a person who is an employee of or is
780-15 active in a firm or corporation applying for a license to act or a
780-16 person who holds a license to act as a commercial lessor,
780-17 manufacturer, or distributor; or]
780-18 [(F) a person required to be named in an
780-19 application for a license to act or a person who holds a license to
780-20 act as a commercial lessor, manufacturer, or distributor].
780-21 SECTION 14.753. Section 411.091(c), Government Code, is
780-22 repealed because that subsection is obsolete.
780-23 SECTION 14.754. Section 411.099, Government Code, is amended
780-24 to read as follows:
780-25 Sec. 411.099. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
780-26 TEXAS STATE BOARD OF MEDICAL EXAMINERS. The Texas State Board of
780-27 Medical Examiners is entitled to obtain from the department
781-1 criminal history record information maintained by the department
781-2 that relates to a person who is:
781-3 (1) an applicant for a license under Subtitle B, Title
781-4 3, Occupations Code [the Medical Practice Act (Article 4495b,
781-5 Vernon's Texas Civil Statutes)]; or
781-6 (2) the holder of a license under that subtitle [Act].
781-7 SECTION 14.755. Section 411.1105(a), Government Code, is
781-8 amended to read as follows:
781-9 (a) The Texas Commission on Alcohol and Drug Abuse is
781-10 entitled to obtain from the department criminal history record
781-11 information maintained by the department that relates to a person
781-12 who is:
781-13 (1) an applicant for a chemical dependency counselor's
781-14 license under Chapter 504, Occupations Code [635, Acts of the 72nd
781-15 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
781-16 Civil Statutes)]; or
781-17 (2) the holder of a license under that chapter [Act].
781-18 SECTION 14.756. Section 411.119, Government Code, is amended
781-19 to more accurately reflect the law from which it was derived to
781-20 read as follows:
781-21 Sec. 411.119. ACCESS TO CRIMINAL HISTORY RECORD INFORMATION:
781-22 TEXAS COMMISSION ON PRIVATE SECURITY. The Texas Commission on
781-23 Private Security is entitled to obtain from the department criminal
781-24 history record information maintained by the department, including
781-25 information maintained under Section 411.042(b)(5), that relates
781-26 to:
781-27 (1) an applicant for a license, registration, security
782-1 officer commission, letter of approval, permit, or handgun
782-2 instructor certification under Chapter 1702, Occupations Code; or
782-3 (2) a person who holds a license, registration,
782-4 security officer commission, letter of approval, permit, or handgun
782-5 instructor certification under Chapter 1702, Occupations Code [that
782-6 chapter; or]
782-7 [(3) a license holder regulated under that chapter].
782-8 SECTION 14.757. Sections 411.122(a) and (c), Government Code,
782-9 are amended to read as follows:
782-10 (a) Except as provided by Subsection (c)(2), an agency of
782-11 this state or a political subdivision of this state covered by
782-12 Chapter 53, Occupations Code [Article 6252-13c, Revised Statutes],
782-13 that licenses or regulates members of a particular trade,
782-14 occupation, business, vocation, or profession is entitled to obtain
782-15 from the department criminal history record information maintained
782-16 by the department that relates to a person who is:
782-17 (1) an applicant for a license from the agency; or
782-18 (2) the holder of a license from the agency.
782-19 (c) This section does not apply to an agency that is:
782-20 (1) specifically authorized by this subchapter to
782-21 obtain criminal history record information from the department; or
782-22 (2) covered by Section 53.002, Occupations Code [2,
782-23 Article 6252-13c, Revised Statutes].
782-24 SECTION 14.758. Section 411.190(a), Government Code, is
782-25 amended to read as follows:
782-26 (a) The director may certify as a qualified handgun
782-27 instructor a person who:
783-1 (1) is certified by the Commission on Law Enforcement
783-2 Officer Standards and Education or under Chapter 1702, Occupations
783-3 Code, [the Texas Board of Private Investigators and Private
783-4 Security Agencies] to instruct others in the use of handguns;
783-5 (2) regularly instructs others in the use of handguns
783-6 and has graduated from a handgun instructor school that uses a
783-7 nationally accepted course designed to train persons as handgun
783-8 instructors; or
783-9 (3) is certified by the National Rifle Association of
783-10 America as a handgun instructor.
783-11 SECTION 14.759. Section 411.200, Government Code, is amended
783-12 to read as follows:
783-13 Sec. 411.200. APPLICATION TO LICENSED SECURITY OFFICERS.
783-14 This subchapter does not exempt a license holder who is also
783-15 employed as a security officer and licensed under Chapter 1702,
783-16 Occupations Code, [the Private Investigators and Private Security
783-17 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
783-18 from the duty to comply with Chapter 1702, Occupations Code, [that
783-19 Act] or Section 46.02, Penal Code.
783-20 SECTION 14.760. Section 466.155(a), Government Code, is
783-21 amended to read as follows:
783-22 (a) After a hearing, the director shall deny an application
783-23 for a license or the commission shall suspend or revoke a license
783-24 if the director or commission, as applicable, finds that the
783-25 applicant or sales agent:
783-26 (1) is an individual who:
783-27 (A) has been convicted of a felony, criminal
784-1 fraud, gambling or a gambling-related offense, or a misdemeanor
784-2 involving moral turpitude, if less than 10 years has elapsed since
784-3 the termination of the sentence, parole, mandatory supervision, or
784-4 probation served for the offense;
784-5 (B) is or has been a professional gambler;
784-6 (C) is married to an individual:
784-7 (i) described in Paragraph (A) or (B); or
784-8 (ii) who is currently delinquent in the
784-9 payment of any state tax;
784-10 (D) is an officer or employee of the commission
784-11 or a lottery operator; or
784-12 (E) is a spouse, child, brother, sister, or
784-13 parent residing as a member of the same household in the principal
784-14 place of residence of a person described by Paragraph (D);
784-15 (2) is not an individual, and an individual described
784-16 in Subdivision (1):
784-17 (A) is an officer or director of the applicant
784-18 or sales agent;
784-19 (B) holds more than 10 percent of the stock in
784-20 the applicant or sales agent;
784-21 (C) holds an equitable interest greater than 10
784-22 percent in the applicant or sales agent;
784-23 (D) is a creditor of the applicant or sales
784-24 agent who holds more than 10 percent of the applicant's or sales
784-25 agent's outstanding debt;
784-26 (E) is the owner or lessee of a business that
784-27 the applicant or sales agent conducts or through which the
785-1 applicant will conduct a ticket sales agency;
785-2 (F) shares or will share in the profits, other
785-3 than stock dividends, of the applicant or sales agent; or
785-4 (G) participates in managing the affairs of the
785-5 applicant or sales agent;
785-6 (3) is currently delinquent in the payment of any
785-7 state tax;
785-8 (4) is a person whose location for the sales agency
785-9 is:
785-10 (A) a location licensed for games of bingo under
785-11 Chapter 2001, Occupations Code [the Bingo Enabling Act (Article
785-12 179d, Vernon's Texas Civil Statutes)];
785-13 (B) on land that is owned by:
785-14 (i) this state; or
785-15 (ii) a political subdivision of this state
785-16 and on which is located a public primary or secondary school, an
785-17 institution of higher education, or an agency of the state; or
785-18 (C) a location for which a person holds a wine
785-19 and beer retailer's permit, mixed beverage permit, mixed beverage
785-20 late hours permit, private club registration permit, or private
785-21 club late hours permit issued under Chapter 25, 28, 29, 32, or 33,
785-22 Alcoholic Beverage Code; or
785-23 (5) has violated this chapter or a rule adopted under
785-24 this chapter.
785-25 SECTION 14.761. Section 466.303(b), Government Code, is
785-26 amended to read as follows:
785-27 (b) A lottery operator may sell tickets to a sales agent. A
786-1 person who is not a sales agent may distribute tickets as premiums
786-2 to customers, employees, or other persons who deal with the person
786-3 if no purchase is required to entitle the recipient to the ticket.
786-4 A qualified organization as defined in Section 2002.002,
786-5 Occupations Code [2, Charitable Raffle Enabling Act (Article 179f,
786-6 Revised Statutes, as added by Chapter 957, Acts of the 71st
786-7 Legislature, Regular Session, 1989)], may distribute tickets as a
786-8 prize in a raffle authorized by Chapter 2002, Occupations Code
786-9 [that Act].
786-10 SECTION 14.762. Sections 467.101(a) and (c), Government Code,
786-11 are amended to read as follows:
786-12 (a) The commission has broad authority and shall exercise
786-13 strict control and close supervision over all activities authorized
786-14 and conducted in this state under:
786-15 (1) Chapter 2001, Occupations Code [the Bingo Enabling
786-16 Act (Article 179d, Vernon's Texas Civil Statutes)]; and
786-17 (2) Chapter 466 of this code.
786-18 (c) The commission also has the powers and duties granted
786-19 under:
786-20 (1) Chapter 2001, Occupations Code [the Bingo Enabling
786-21 Act (Article 179d, Vernon's Texas Civil Statutes)]; and
786-22 (2) Chapter 466 of this code.
786-23 SECTION 14.763. Section 501.053(a), Government Code, is
786-24 amended to read as follows:
786-25 (a) If the department receives an allegation that a
786-26 physician employed or under contract with the department has
786-27 committed an action that constitutes a ground for the denial or
787-1 revocation of the physician's license under Section 164.051,
787-2 Occupations Code [3.08, Medical Practice Act (Article 4495b,
787-3 Vernon's Texas Civil Statutes)], the department shall report the
787-4 information to the Texas State Board of Medical Examiners in the
787-5 manner provided by Section 154.051, Occupations Code [4.02 of that
787-6 Act].
787-7 SECTION 14.764. Section 511.0092(i), Government Code, is
787-8 amended to read as follows:
787-9 (i) Chapter 1702, Occupations Code, [The Private
787-10 Investigators and Private Security Agencies Act (Article
787-11 4413(29bb), Vernon's Texas Civil Statutes)] does not apply to an
787-12 employee of a facility in the actual discharge of duties as an
787-13 employee of the facility if the employee is required by Subsection
787-14 (f)(2) or by Section 1701.406, Occupations Code, [415.0541] to
787-15 maintain certification from the Commission on Law Enforcement
787-16 Officer Standards and Education.
787-17 SECTION 14.765. Section 531.0216(d), Government Code, is
787-18 amended to read as follows:
787-19 (d) Subject to Section 153.004, Occupations Code [5.11,
787-20 Medical Practice Act (Article 4495b, Vernon's Texas Civil
787-21 Statutes)], the commission may adopt rules as necessary to
787-22 implement this section.
787-23 SECTION 14.766. Section 533.004(e), Government Code, is
787-24 amended to read as follows:
787-25 (e) In providing health care services through Medicaid
787-26 managed care to recipients in a health care service region, with
787-27 the exception of the Harris service area for the STAR Medicaid
788-1 managed care program, as defined by the commission as of September
788-2 1, 1999, the commission shall also contract with a managed care
788-3 organization in that region that holds a certificate of authority
788-4 as a health maintenance organization under Section 5, Texas Health
788-5 Maintenance Organization Act (Article 20A.05, Vernon's Texas
788-6 Insurance Code), and that:
788-7 (1) is certified under Section 162.001, Occupations
788-8 Code [5.01(a), Medical Practice Act (Article 4495b, Vernon's Texas
788-9 Civil Statutes)];
788-10 (2) is created by The University of Texas Medical
788-11 Branch at Galveston; and
788-12 (3) has obtained a certificate of authority as a
788-13 health maintenance organization to serve one or more counties in
788-14 that region from the Texas Department of Insurance before September
788-15 2, 1999.
788-16 SECTION 14.767. Section 2054.054(b), Government Code, is
788-17 amended to read as follows:
788-18 (b) The department must assure in maintaining the
788-19 information that:
788-20 (1) health and mental health communications and
788-21 records privileged under Chapter 611, Health and Safety Code,
788-22 Subtitle B, Title 3, Occupations Code [239, Acts of the 66th
788-23 Legislature, Regular Session, 1979 (Article 5561h, Vernon's Texas
788-24 Civil Statutes), the Medical Practice Act (Article 4495b, Vernon's
788-25 Texas Civil Statutes)], and the Texas Rules of [Civil] Evidence
788-26 remain confidential and privileged;
788-27 (2) personally identifiable health and mental health
789-1 communications and records of persons involved in the receipt or
789-2 delivery of health or human services are confidential and
789-3 privileged; and
789-4 (3) a private source is not required to provide
789-5 confidential health or mental health communications or records
789-6 unless a law specifically requires disclosure.
789-7 SECTION 14.768. Section 12.096(b), Health and Safety Code, is
789-8 amended to read as follows:
789-9 (b) The release of information under this section is an
789-10 exception to the patient-physician privilege requirements imposed
789-11 under Section 159.002, Occupations Code [5.08, Medical Practice Act
789-12 (Article 4495b, Vernon's Texas Civil Statutes)].
789-13 SECTION 14.769. Section 42.0045(a), Health and Safety Code,
789-14 is amended to read as follows:
789-15 (a) Sections 483.041(a) and 483.042, Subtitle J, Title 3,
789-16 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
789-17 Texas Civil Statutes)], and other applicable laws establishing
789-18 prohibitions do not apply to a dialysate, device, or drug
789-19 exclusively used or necessary to perform dialysis that a physician
789-20 prescribes or orders for administration or delivery to a person
789-21 with chronic kidney failure if:
789-22 (1) the dialysate, device, or drug is lawfully held by
789-23 a manufacturer or wholesaler registered with the board;
789-24 (2) the manufacturer or wholesaler delivers the
789-25 dialysate, device, or drug to:
789-26 (A) a person with chronic kidney failure for
789-27 self-administration at the person's home or a specified address, as
790-1 ordered by a physician; or
790-2 (B) a physician for administration or delivery
790-3 to a person with chronic kidney failure; and
790-4 (3) the manufacturer or wholesaler has sufficient and
790-5 qualified supervision to adequately protect the public health.
790-6 SECTION 14.770. Section 47.002, Health and Safety Code, is
790-7 amended to read as follows:
790-8 Sec. 47.002. APPLICABILITY OF CHAPTER. This chapter does not
790-9 apply to a facility operated by a midwife as defined by Section
790-10 203.002, Occupations Code [1, Texas Midwifery Act (Article 4512i,
790-11 Vernon's Texas Civil Statutes)].
790-12 SECTION 14.771. Section 47.008(c), Health and Safety Code, is
790-13 amended to read as follows:
790-14 (c) The department by rule shall develop guidelines to
790-15 protect the confidentiality of patients in accordance with Chapter
790-16 159, Occupations Code [Section 5.08, Medical Practice Act (Article
790-17 4495b, Vernon's Texas Civil Statutes)], and require the written
790-18 consent of a parent or guardian of a patient before any
790-19 individually identifying information is provided to the department
790-20 as set out in this chapter. The department shall permit a parent
790-21 or guardian at any time to withdraw information provided to the
790-22 department under this chapter.
790-23 SECTION 14.772. Section 81.091(c), Health and Safety Code, is
790-24 amended to read as follows:
790-25 (c) Subject to the availability of funds, the department
790-26 shall furnish prophylaxis approved by the board free of charge to:
790-27 (1) health care providers if the newborn's financially
791-1 responsible adult is unable to pay; and
791-2 (2) a midwife identified under Chapter 203,
791-3 Occupations Code, [the Texas Midwifery Act (Article 4512i, Vernon's
791-4 Texas Civil Statutes)] who requests prophylaxis for administration
791-5 under standing delegation orders issued by a licensed physician
791-6 under Subsection (b) [of this section] and subject to the
791-7 provisions of Subchapter A, Chapter 157, Occupations Code [Section
791-8 3.06, Medical Practice Act (Article 4495b, Vernon's Texas Civil
791-9 Statutes)].
791-10 SECTION 14.773. Section 85.083(b), Health and Safety Code, is
791-11 amended to read as follows:
791-12 (b) A hospital licensed under Chapter 241 (Texas Hospital
791-13 Licensing Law) or a physician licensed under Subtitle B, Title 3,
791-14 Occupations Code, [the Medical Practice Act (Article 4495b,
791-15 Vernon's Texas Civil Statutes)] is not required to be registered
791-16 under this section unless the hospital or physician advertises or
791-17 represents to the public that the hospital or physician conducts or
791-18 specializes in testing programs for AIDS, HIV infection, or related
791-19 conditions.
791-20 SECTION 14.774. Section 87.001(8), Health and Safety Code, is
791-21 amended to read as follows:
791-22 (8) "Midwife" has the meaning assigned by Section
791-23 203.002, Occupations Code [1, Texas Midwifery Act (Article 4512i,
791-24 Vernon's Texas Civil Statutes)].
791-25 SECTION 14.775. Sections 108.002(9) and (14), Health and
791-26 Safety Code, are amended to read as follows:
791-27 (9) "Health benefit plan" means a plan provided by:
792-1 (A) a health maintenance organization; or
792-2 (B) an approved nonprofit health corporation
792-3 that is certified under Section 162.001, Occupations Code [5.01(a),
792-4 Medical Practice Act (Article 4495b, Vernon's Texas Civil
792-5 Statutes)], and that holds a certificate of authority issued by the
792-6 commissioner of insurance under Article 21.52F, Insurance Code.
792-7 (14) "Physician" means an individual licensed under
792-8 the laws of this state to practice medicine under Subtitle B, Title
792-9 3, Occupations Code [the Medical Practice Act (Article 4495b,
792-10 Vernon's Texas Civil Statutes)].
792-11 SECTION 14.776. Section 108.013(d), Health and Safety Code,
792-12 is amended to read as follows:
792-13 (d) All data collected and used by the department and the
792-14 council under this chapter is subject to the confidentiality
792-15 provisions and criminal penalties of:
792-16 (1) Section 311.037;
792-17 (2) Section 81.103; and
792-18 (3) Section 159.002, Occupations Code [5.08, Medical
792-19 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
792-20 SECTION 14.777. Section 142.003(a), Health and Safety Code,
792-21 is amended to read as follows:
792-22 (a) The following persons need not be licensed under this
792-23 chapter:
792-24 (1) a physician, dentist, registered nurse,
792-25 occupational therapist, or physical therapist licensed under the
792-26 laws of this state who provides home health services to a client
792-27 only as a part of and incidental to that person's private office
793-1 practice;
793-2 (2) a registered nurse, licensed vocational nurse,
793-3 physical therapist, occupational therapist, speech therapist,
793-4 medical social worker, or any other health care professional as
793-5 determined by the department who provides home health services as a
793-6 sole practitioner;
793-7 (3) a registry that operates solely as a clearinghouse
793-8 to put consumers in contact with persons who provide home health,
793-9 hospice, or personal assistance services and that does not maintain
793-10 official client records, direct client services, or compensate the
793-11 person who is providing the service;
793-12 (4) an individual whose permanent residence is in the
793-13 client's residence;
793-14 (5) an employee of a person licensed under this
793-15 chapter who provides home health, hospice, or personal assistance
793-16 services only as an employee of the license holder and who receives
793-17 no benefit for providing the services, other than wages from the
793-18 license holder;
793-19 (6) a home, nursing home, convalescent home, assisted
793-20 living facility, special care facility, or other institution for
793-21 individuals who are elderly or who have disabilities that provides
793-22 home health or personal assistance services only to residents of
793-23 the home or institution;
793-24 (7) a person who provides one health service through a
793-25 contract with a person licensed under this chapter;
793-26 (8) a durable medical equipment supply company;
793-27 (9) a pharmacy or wholesale medical supply company
794-1 that does not furnish services, other than supplies, to a person at
794-2 the person's house;
794-3 (10) a hospital or other licensed health care facility
794-4 that provides home health or personal assistance services only to
794-5 inpatient residents of the hospital or facility;
794-6 (11) a person providing home health or personal
794-7 assistance services to an injured employee under Title 5, Labor
794-8 Code;
794-9 (12) a visiting nurse service that:
794-10 (A) is conducted by and for the adherents of a
794-11 well-recognized church or religious denomination; and
794-12 (B) provides nursing services by a person exempt
794-13 from licensing by Section 301.004, Occupations Code [Article 4528,
794-14 Revised Statutes], because the person furnishes nursing care in
794-15 which treatment is only by prayer or spiritual means;
794-16 (13) an individual hired and paid directly by the
794-17 client or the client's family or legal guardian to provide home
794-18 health or personal assistance services;
794-19 (14) a business, school, camp, or other organization
794-20 that provides home health or personal assistance services,
794-21 incidental to the organization's primary purpose, to individuals
794-22 employed by or participating in programs offered by the business,
794-23 school, or camp that enable the individual to participate fully in
794-24 the business's, school's, or camp's programs;
794-25 (15) a person or organization providing
794-26 sitter-companion services or chore or household services that do
794-27 not involve personal care, health, or health-related services;
795-1 (16) a licensed health care facility that provides
795-2 hospice services under a contract with a hospice;
795-3 (17) a person delivering residential acquired immune
795-4 deficiency syndrome hospice care who is licensed and designated as
795-5 a residential AIDS hospice under Chapter 248; or
795-6 (18) the Texas Department of Criminal Justice.
795-7 SECTION 14.778. Section 142.017(a), Health and Safety Code,
795-8 is amended to read as follows:
795-9 (a) The department may assess an administrative penalty
795-10 against a person who violates:
795-11 (1) this chapter or a rule adopted under this chapter;
795-12 or
795-13 (2) Section 102.001, Occupations Code [161.091], if
795-14 the violation relates to the provision of home health, hospice, or
795-15 personal assistance services.
795-16 SECTION 14.779. Section 142.030(a), Health and Safety Code,
795-17 is amended to read as follows:
795-18 (a) A person authorized by this subchapter to administer
795-19 medication to a client of a home and community support services
795-20 agency may not dispense dangerous drugs or controlled substances
795-21 without complying with Subtitle J, Title 3, Occupations Code [the
795-22 Texas Pharmacy Act (Article 4542a-1, Vernon's Texas Civil
795-23 Statutes)].
795-24 SECTION 14.780. Section 161.007(a), Health and Safety Code,
795-25 is amended to read as follows:
795-26 (a) The department, for purposes of establishing and
795-27 maintaining a single repository of accurate, complete, and current
796-1 immunization records to be used in aiding, coordinating, and
796-2 promoting efficient and cost-effective childhood communicable
796-3 disease prevention and control efforts, shall establish and
796-4 maintain a childhood immunization registry. The department by rule
796-5 shall develop guidelines to:
796-6 (1) protect the confidentiality of patients in
796-7 accordance with Section 159.002, Occupations Code [5.08, Medical
796-8 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)];
796-9 (2) inform a parent, managing conservator, or guardian
796-10 of each patient about the registry;
796-11 (3) require the written consent of a parent, managing
796-12 conservator, or guardian of a patient before any information
796-13 relating to the patient is included in the registry; and
796-14 (4) permit a parent, managing conservator, or guardian
796-15 to withdraw consent for the patient to be included in the registry.
796-16 SECTION 14.781. Sections 161.0315(a), (c), and (e), Health
796-17 and Safety Code, are amended to read as follows:
796-18 (a) The governing body of a hospital, medical organization,
796-19 university medical school or health science center, health
796-20 maintenance organization, extended care facility, hospital
796-21 district, or hospital authority may form a medical peer review
796-22 committee, as defined by Section 151.002, Occupations Code [1.03,
796-23 Medical Practice Act (Article 4495b, Vernon's Texas Civil
796-24 Statutes)], or a medical committee, as defined by Section 161.031,
796-25 to evaluate medical and health care services, except as provided by
796-26 this section.
796-27 (c) A hospital district may require in a contract with a
797-1 health care facility described by Subsection (b) a provision that
797-2 allows the governing body of the district to appoint a specified
797-3 number of members to the facility's medical peer review committee
797-4 or medical committee to evaluate medical and health care services
797-5 for which the district contracts with the facility to provide. The
797-6 governing body of a hospital district may receive a report from the
797-7 facility's medical peer review committee or medical committee under
797-8 this section in a closed meeting. A report, information, or a
797-9 record that the district receives from the facility related to a
797-10 review action conducted under the terms of the contract is:
797-11 (1) confidential;
797-12 (2) not subject to disclosure under Chapter 552,
797-13 Government Code; and
797-14 (3) subject to the same confidentiality and disclosure
797-15 requirements to which a report, information, or record of a medical
797-16 peer review committee under Section 160.006, Occupations Code
797-17 [5.06(s), Medical Practice Act (Article 4495b, Vernon's Texas Civil
797-18 Statutes)], is subject.
797-19 (e) The governing body of a hospital district may receive a
797-20 report under Subsection (d)(3) in a closed meeting. A report,
797-21 information, or a record that the hospital district receives under
797-22 Subsection (d)(3) is:
797-23 (1) confidential;
797-24 (2) not subject to disclosure under Chapter 552,
797-25 Government Code; and
797-26 (3) subject to the same confidentiality and disclosure
797-27 requirements to which a report, information, or record of a medical
798-1 peer review committee under Section 160.006, Occupations Code
798-2 [5.06(s), Medical Practice Act (Article 4495b, Vernon's Texas Civil
798-3 Statutes)], is subject.
798-4 SECTION 14.782. Sections 161.032(a) and (c), Health and
798-5 Safety Code, are amended to read as follows:
798-6 (a) The records and proceedings of a medical committee are
798-7 confidential and are not subject to court subpoena. A proceeding
798-8 of a medical peer review committee, as defined by Section 151.002,
798-9 Occupations Code [1.03, Medical Practice Act (Article 4495b,
798-10 Vernon's Texas Civil Statutes)], or medical committee, or a meeting
798-11 of the governing body of a public hospital, hospital district, or
798-12 hospital authority at which the governing body receives records,
798-13 information, or reports provided by a medical committee or medical
798-14 peer review committee is not subject to Chapter 551, Government
798-15 Code. Records, information, or reports of a medical committee or
798-16 medical peer review committee and records, information, or reports
798-17 provided by a medical committee or medical peer review committee to
798-18 the governing body of a public hospital, hospital district, or
798-19 hospital authority are not subject to disclosure under Chapter 552,
798-20 Government Code.
798-21 (c) This section and Subchapter A, Chapter 160, Occupations
798-22 Code [Section 5.06, Medical Practice Act (Article 4495b, Vernon's
798-23 Texas Civil Statutes)], do not apply to records made or maintained
798-24 in the regular course of business by a hospital, health maintenance
798-25 organization, medical organization, university medical center or
798-26 health science center, hospital district, hospital authority, or
798-27 extended care facility.
799-1 SECTION 14.783. Section 161.204, Health and Safety Code, is
799-2 amended to read as follows:
799-3 Sec. 161.204. APPLICATION OF OTHER LAW. This subchapter
799-4 controls over Section 611.0045 of this code and Section 159.006,
799-5 Occupations Code [5.08(k), Medical Practice Act (Article 4495b,
799-6 Vernon's Texas Civil Statutes)], and any other provision that
799-7 authorizes the charging of a fee for providing medical or mental
799-8 health records.
799-9 SECTION 14.784. Section 164.003(6), Health and Safety Code,
799-10 is amended to read as follows:
799-11 (6) "Mental health professional" means a:
799-12 (A) "physician" as defined by Section 571.003;
799-13 (B) "licensed professional counselor" as defined
799-14 by Section 503.002, Occupations Code [2, Licensed Professional
799-15 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
799-16 (C) "chemical dependency counselor" as defined
799-17 by Section 504.001, Occupations Code [1, Chapter 635, Acts of the
799-18 72nd Legislature, Regular Session, 1991 (Article 4512o, Vernon's
799-19 Texas Civil Statutes)];
799-20 (D) "psychologist" offering "psychological
799-21 services" as defined by Section 501.003, Occupations Code [2,
799-22 Psychologists' Certification and Licensing Act (Article 4512c,
799-23 Vernon's Texas Civil Statutes)];
799-24 (E) "registered nurse" licensed under Chapter
799-25 301, Occupations Code [7, Title 71, Revised Statutes];
799-26 (F) "licensed vocational nurse" as defined by
799-27 Section 302.001, Occupations Code [1, Article 4528c, Revised
800-1 Statutes];
800-2 (G) "licensed marriage and family therapist" as
800-3 defined by Section 502.002, Occupations Code [2, Licensed Marriage
800-4 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
800-5 Statutes)]; and
800-6 (H) "social worker" as defined by Section
800-7 505.002, Occupations [50.001(a), Human Resources] Code.
800-8 SECTION 14.785. Section 192.002(b), Health and Safety Code,
800-9 is amended to read as follows:
800-10 (b) The section of the birth certificate entitled "For
800-11 Medical and Health Use Only" is not part of the legal birth
800-12 certificate. Information held by the department under that section
800-13 of the certificate is confidential. That information may not be
800-14 released or made public on subpoena or otherwise, except that
800-15 release may be made for statistical purposes only so that no
800-16 person, patient, or facility is identified, or to medical personnel
800-17 of a health care entity, as that term is defined in Subtitle B,
800-18 Title 3, Occupations Code [the Medical Practice Act (Article 4495b,
800-19 Vernon's Texas Civil Statutes)], or appropriate state or federal
800-20 agencies for statistical research. The board may adopt rules to
800-21 implement this subsection.
800-22 SECTION 14.786. Section 241.026(a), Health and Safety Code,
800-23 is amended to read as follows:
800-24 (a) The board shall adopt and enforce rules to further the
800-25 purposes of this chapter. The rules at a minimum shall address:
800-26 (1) minimum requirements for staffing by physicians
800-27 and nurses;
801-1 (2) hospital services relating to patient care;
801-2 (3) fire prevention, safety, and sanitation
801-3 requirements in hospitals;
801-4 (4) patient care and a patient bill of rights;
801-5 (5) compliance with other state and federal laws
801-6 affecting the health, safety, and rights of hospital patients; and
801-7 (6) compliance with nursing peer review under
801-8 Subchapter I, Chapter 301, [Articles 4525a] and Chapter 303,
801-9 Occupations Code [4525b, Revised Statutes], and the rules of the
801-10 Board of Nurse Examiners relating to peer review.
801-11 SECTION 14.787. Section 241.105(e), Health and Safety Code,
801-12 is amended to read as follows:
801-13 (e) Nothing in this section shall be construed as modifying
801-14 Subtitle B, Title 3, Occupations Code, Chapter 204 or 301,
801-15 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
801-16 Texas Civil Statutes), the Nursing Practice Act (Articles
801-17 4513-4528, Revised Statutes), the Physician Assistant Licensing Act
801-18 (Article 4495b-1, Vernon's Texas Civil Statutes)], or any other law
801-19 relating to the scope of practice of physicians, advanced practice
801-20 nurses, or physician assistants.
801-21 SECTION 14.788. Section 245.004(a), Health and Safety Code,
801-22 is amended to read as follows:
801-23 (a) The following facilities need not be licensed under this
801-24 chapter:
801-25 (1) a hospital licensed under Chapter 241 (Texas
801-26 Hospital Licensing Law); or
801-27 (2) the office of a physician licensed under Subtitle
802-1 B, Title 3, Occupations Code [the Medical Practice Act (Article
802-2 4495b, Vernon's Texas Civil Statutes)], unless the office is used
802-3 for the purpose of performing more than 300 abortions in any
802-4 12-month period.
802-5 SECTION 14.789. Section 245.010(b), Health and Safety Code,
802-6 is amended to read as follows:
802-7 (b) Only a physician as defined by Subtitle B, Title 3,
802-8 Occupations Code, [the Medical Practice Act (Article 4495b,
802-9 Vernon's Texas Civil Statutes)] may perform an abortion.
802-10 SECTION 14.790. Section 251.001(9), Health and Safety Code,
802-11 is amended to read as follows:
802-12 (9) "Physician" means an individual who is licensed to
802-13 practice medicine under Subtitle B, Title 3, Occupations Code [the
802-14 Medical Practice Act (Article 4495b, Vernon's Texas Civil
802-15 Statutes)].
802-16 SECTION 14.791. Section 312.002(3), Health and Safety Code,
802-17 is amended to read as follows:
802-18 (3) "Coordinating entity" means a nonprofit
802-19 corporation under the Texas Non-Profit Corporation Act (Article
802-20 1396-1.01 et seq., Vernon's Texas Civil Statutes) that is a health
802-21 organization approved and certified by the Texas State Board of
802-22 Medical Examiners under Chapter 162, Occupations Code [Section
802-23 5.01, Medical Practice Act (Article 4495b, Vernon's Texas Civil
802-24 Statutes)].
802-25 SECTION 14.792. Section 401.424(a), Health and Safety Code,
802-26 is amended to read as follows:
802-27 (a) To receive a mammography certification under this
803-1 subchapter, the mammography system must, at a minimum:
803-2 (1) meet criteria at least as stringent as the
803-3 American College of Radiology mammography accreditation program;
803-4 (2) be specifically designed and used for the
803-5 performance of mammography;
803-6 (3) be operated by an individual certified as a
803-7 medical radiologic technologist under Chapter 601, Occupations Code
803-8 [1096, Acts of the 70th Legislature, Regular Session, 1987 (Article
803-9 4512m, Vernon's Texas Civil Statutes)], who meets, at a minimum,
803-10 the requirements for personnel who perform mammography established
803-11 by the Mammography Quality Standards Act of 1992 (42 U.S.C. Section
803-12 263b); and
803-13 (4) be used in a facility that:
803-14 (A) meets, at minimum, the requirements for
803-15 certification of the Mammography Quality Standards Act of 1992 (42
803-16 U.S.C. Section 263b);
803-17 (B) has a licensed medical physicist specialized
803-18 in radiology under Chapter 602, Occupations Code [235, Acts of the
803-19 72nd Legislature, Regular Session, 1991 (Article 4512n, Vernon's
803-20 Texas Civil Statutes)], who at least annually provides on-site
803-21 consultation to the facility, including a complete evaluation of
803-22 the entire mammography system to ensure compliance with this
803-23 subchapter;
803-24 (C) maintains records of the consultations
803-25 required under Paragraph (B) for not less than seven years after
803-26 the date the consultation was performed;
803-27 (D) establishes a quality control program that
804-1 meets requirements that are at least as stringent as those of the
804-2 American College of Radiology mammography accreditation program;
804-3 and
804-4 (E) maintains and makes available to a patient
804-5 of the facility original mammograms performed at the facility until
804-6 the earlier of either:
804-7 (i) the fifth anniversary of the
804-8 mammography or, if an additional mammogram of the same patient is
804-9 not performed by the facility, the 10th anniversary of the
804-10 mammography; or
804-11 (ii) at the request of the patient, the
804-12 date the patient's medical records are forwarded to another medical
804-13 institution.
804-14 SECTION 14.793. Section 431.042(e), Health and Safety Code,
804-15 is amended to read as follows:
804-16 (e) This section does not apply to:
804-17 (1) a pharmacy that:
804-18 (A) complies with Subtitle J, Title 3,
804-19 Occupations Code [the Texas Pharmacy Act (Article 4542a-1, Vernon's
804-20 Texas Civil Statutes)];
804-21 (B) regularly engages in dispensing prescription
804-22 drugs or devices on prescriptions of practitioners licensed to
804-23 administer the drugs or devices to their patients in the course of
804-24 their professional practice; and
804-25 (C) does not, through a subsidiary or otherwise,
804-26 manufacture, prepare, propagate, compound, or process a drug or
804-27 device for sale other than in the regular course of its business of
805-1 dispensing or selling drugs or devices at retail;
805-2 (2) a practitioner licensed to prescribe or administer
805-3 a drug who manufactures, prepares, propagates, compounds, or
805-4 processes the drug solely for use in the course of the
805-5 practitioner's professional practice;
805-6 (3) a practitioner licensed to prescribe or use a
805-7 device who manufactures or processes the device solely for use in
805-8 the course of the practitioner's professional practice; or
805-9 (4) a person who manufactures, prepares, propagates,
805-10 compounds, or processes a drug or manufactures or processes a
805-11 device solely for use in research, teaching, or chemical analysis
805-12 and not for sale.
805-13 SECTION 14.794. Section 481.073(c), Health and Safety Code,
805-14 is amended to read as follows:
805-15 (c) This section does not relieve a practitioner or the
805-16 practitioner's designated agent from the requirement of Subchapter
805-17 A, Chapter 562, Occupations Code [Section 40, Texas Pharmacy Act
805-18 (Article 4542a-1, Vernon's Texas Civil Statutes)]. A practitioner
805-19 is personally responsible for the actions of the designated agent
805-20 in communicating a prescription to a pharmacist.
805-21 SECTION 14.795. Sections 483.001(4), (10), (11), and (13),
805-22 Health and Safety Code, are amended to read as follows:
805-23 (4) "Designated agent" means:
805-24 (A) a licensed nurse, physician assistant,
805-25 pharmacist, or other individual designated by a practitioner to
805-26 communicate prescription drug orders to a pharmacist;
805-27 (B) a licensed nurse, physician assistant, or
806-1 pharmacist employed in a health care facility to whom the
806-2 practitioner communicates a prescription drug order; or
806-3 (C) a registered nurse or physician assistant
806-4 authorized by a practitioner to carry out a prescription drug order
806-5 for dangerous drugs under Subchapter B, Chapter 157, Occupations
806-6 Code [Section 3.06(d)(5) or (6), Medical Practice Act (Article
806-7 4495b, Vernon's Texas Civil Statutes)].
806-8 (10) "Pharmacy" means a facility where prescription
806-9 drug or medication orders are received, processed, dispensed, or
806-10 distributed under this chapter, Chapter 481 of this code, and
806-11 Subtitle J, Title 3, Occupations Code [the Texas Pharmacy Act
806-12 (Article 4542a-1, Vernon's Texas Civil Statutes)]. The term does
806-13 not include a narcotic drug treatment program that is regulated by
806-14 Chapter 466, Health and Safety Code.
806-15 (11) "Practice of pharmacy" means:
806-16 (A) provision of those acts or services
806-17 necessary to provide pharmaceutical care;
806-18 (B) interpretation and evaluation of
806-19 prescription drug orders or medication orders;
806-20 (C) participation in drug and device selection
806-21 as authorized by law, drug administration, drug regimen review, or
806-22 drug or drug-related research;
806-23 (D) provision of patient counseling;
806-24 (E) responsibility for:
806-25 (i) dispensing of prescription drug orders
806-26 or distribution of medication orders in the patient's best
806-27 interest;
807-1 (ii) compounding and labeling of drugs and
807-2 devices, except labeling by a manufacturer, repackager, or
807-3 distributor of nonprescription drugs and commercially packaged
807-4 prescription drugs and devices;
807-5 (iii) proper and safe storage of drugs and
807-6 devices; or
807-7 (iv) maintenance of proper records for
807-8 drugs and devices. In this subdivision, "device" has the meaning
807-9 assigned by Subtitle J, Title 3, Occupations Code [the Texas
807-10 Pharmacy Act (Article 4542a-1, Vernon's Texas Civil Statutes)]; or
807-11 (F) performance of a specific act of drug
807-12 therapy management for a patient delegated to a pharmacist by a
807-13 written protocol from a physician licensed by the state under
807-14 Subtitle B, Title 3, Occupations Code [the Medical Practice Act
807-15 (Article 4495b, Vernon's Texas Civil Statutes)].
807-16 (13) "Prescription" means an order from a
807-17 practitioner, or an agent of the practitioner designated in writing
807-18 as authorized to communicate prescriptions, or an order made in
807-19 accordance with Subchapter B, Chapter 157, Occupations Code
807-20 [Section 3.06(d)(5) or (6), Medical Practice Act (Article 4495b,
807-21 Vernon's Texas Civil Statutes)], or Section 203.353, Occupations
807-22 Code [16A, Texas Midwifery Act (Article 4512i, Vernon's Texas Civil
807-23 Statutes)], to a pharmacist for a dangerous drug to be dispensed
807-24 that states:
807-25 (A) the date of the order's issue;
807-26 (B) the name and address of the patient;
807-27 (C) if the drug is prescribed for an animal, the
808-1 species of the animal;
808-2 (D) the name and quantity of the drug
808-3 prescribed;
808-4 (E) the directions for the use of the drug;
808-5 (F) the intended use of the drug unless the
808-6 practitioner determines the furnishing of this information is not
808-7 in the best interest of the patient;
808-8 (G) the name, address, and telephone number of
808-9 the practitioner at the practitioner's usual place of business,
808-10 legibly printed or stamped; and
808-11 (H) the name, address, and telephone number of
808-12 the documented midwife, registered nurse, or physician assistant,
808-13 legibly printed or stamped, if signed by a documented midwife,
808-14 registered nurse, or physician assistant.
808-15 SECTION 14.796. Section 483.021(b), Health and Safety Code,
808-16 is amended to read as follows:
808-17 (b) A pharmacist who is requested to dispense a dangerous
808-18 drug under a prescription issued by a therapeutic optometrist shall
808-19 determine, in the exercise of the pharmacist's professional
808-20 judgment, whether the prescription is for a dangerous drug that a
808-21 therapeutic optometrist is authorized to prescribe under Section
808-22 351.358, Occupations Code [1.03, Texas Optometry Act (Article
808-23 4552-1.01 et seq., Vernon's Texas Civil Statutes)].
808-24 SECTION 14.797. Sections 483.022(d) and (f), Health and
808-25 Safety Code, are amended to read as follows:
808-26 (d) This section does not relieve a practitioner or the
808-27 practitioner's designated agent from the requirements of Subchapter
809-1 A, Chapter 562, Occupations Code [Section 40, Texas Pharmacy Act
809-2 (Article 4542a-1, Vernon's Texas Civil Statutes)].
809-3 (f) A practitioner may designate a person who is a licensed
809-4 vocational nurse or has an education equivalent to or greater than
809-5 that required for a licensed vocational nurse to communicate
809-6 prescriptions of an advanced practice nurse or physician assistant
809-7 authorized by the practitioner to sign prescription drug orders
809-8 under Subchapter B, Chapter 157, Occupations Code [Section
809-9 3.06(d)(5) or (6), Medical Practice Act (Article 4495b, Vernon's
809-10 Texas Civil Statutes)].
809-11 SECTION 14.798. Section 483.041(c), Health and Safety Code,
809-12 is amended to read as follows:
809-13 (c) Subsection (a) does not apply to the possession of a
809-14 dangerous drug in the usual course of business or practice or in
809-15 the performance of official duties by the following persons or an
809-16 agent or employee of the person:
809-17 (1) a pharmacy licensed by the board;
809-18 (2) a practitioner;
809-19 (3) a person who obtains a dangerous drug for lawful
809-20 research, teaching, or testing, but not for resale;
809-21 (4) a hospital that obtains a dangerous drug for
809-22 lawful administration by a practitioner;
809-23 (5) an officer or employee of the federal, state, or
809-24 local government;
809-25 (6) a manufacturer or wholesaler licensed by the
809-26 commissioner of health under Chapter 431 (Texas Food, Drug, and
809-27 Cosmetic Act);
810-1 (7) a carrier or warehouseman;
810-2 (8) a home and community support services agency
810-3 licensed under and acting in accordance with Chapter 142; or
810-4 (9) a documented midwife who obtains oxygen for
810-5 administration to a mother or newborn or who obtains a dangerous
810-6 drug for the administration of prophylaxis to a newborn for the
810-7 prevention of ophthalmia neonatorum in accordance with Section
810-8 203.353, Occupations Code [Section 16A, Texas Midwifery Act
810-9 (Article 4512i, Vernon's Texas Civil Statutes)].
810-10 SECTION 14.799. Sections 483.042(a) and (f), Health and
810-11 Safety Code, are amended to read as follows:
810-12 (a) A person commits an offense if the person delivers or
810-13 offers to deliver a dangerous drug:
810-14 (1) unless:
810-15 (A) the dangerous drug is delivered or offered
810-16 for delivery by a pharmacist under:
810-17 (i) a prescription issued by a
810-18 practitioner described by Section 483.001(12)(A) or (B);
810-19 (ii) a prescription signed by a registered
810-20 nurse or physician assistant in accordance with Subchapter B,
810-21 Chapter 157, Occupations Code [Section 3.06(d)(5) or (6), Medical
810-22 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)]; or
810-23 (iii) an original written prescription
810-24 issued by a practitioner described by Section 483.001(12)(C); and
810-25 (B) a label is attached to the immediate
810-26 container in which the drug is delivered or offered to be delivered
810-27 and the label contains the following information:
811-1 (i) the name and address of the pharmacy
811-2 from which the drug is delivered or offered for delivery;
811-3 (ii) the date the prescription for the
811-4 drug is dispensed;
811-5 (iii) the number of the prescription as
811-6 filed in the prescription files of the pharmacy from which the
811-7 prescription is dispensed;
811-8 (iv) the name of the practitioner who
811-9 prescribed the drug and, if applicable, the name of the registered
811-10 nurse or physician assistant who signed the prescription;
811-11 (v) the name of the patient and, if the
811-12 drug is prescribed for an animal, a statement of the species of the
811-13 animal; and
811-14 (vi) directions for the use of the drug as
811-15 contained in the prescription; or
811-16 (2) unless:
811-17 (A) the dangerous drug is delivered or offered
811-18 for delivery by:
811-19 (i) a practitioner in the course of
811-20 practice; or
811-21 (ii) a registered nurse or physician
811-22 assistant in the course of practice in accordance with Subchapter
811-23 B, Chapter 157, Occupations Code [Section 3.06(d)(5) or (6),
811-24 Medical Practice Act (Article 4495b, Vernon's Texas Civil
811-25 Statutes)]; and
811-26 (B) a label is attached to the immediate
811-27 container in which the drug is delivered or offered to be delivered
812-1 and the label contains the following information:
812-2 (i) the name and address of the
812-3 practitioner who prescribed the drug, and if applicable, the name
812-4 and address of the registered nurse or physician assistant;
812-5 (ii) the date the drug is delivered;
812-6 (iii) the name of the patient and, if the
812-7 drug is prescribed for an animal, a statement of the species of the
812-8 animal; and
812-9 (iv) the name of the drug, the strength of
812-10 the drug, and directions for the use of the drug.
812-11 (f) Provided all federal requirements are met, the labeling
812-12 provisions of Subsection (a) do not apply to a dangerous drug
812-13 prescribed or dispensed for administration to food production
812-14 animals in an agricultural operation under a written medical
812-15 directive or treatment guideline from a veterinarian licensed under
812-16 Chapter 801, Occupations Code [The Veterinary Licensing Act
812-17 (Article 8890, Revised Statutes) and its subsequent amendments].
812-18 SECTION 14.800. Section 531.001(g), Health and Safety Code,
812-19 is amended to read as follows:
812-20 (g) It is the goal of this state to establish at least one
812-21 special officer for mental health assignment in each county. To
812-22 achieve this goal, the department shall assist a local law
812-23 enforcement agency that desires to have an officer certified under
812-24 Section 1701.404, Occupations [415.037, Government] Code.
812-25 SECTION 14.801. Section 533.006(a), Health and Safety Code,
812-26 is amended to read as follows:
812-27 (a) The department shall report to the Texas State Board of
813-1 Medical Examiners any allegation received by the department that a
813-2 physician employed by or under contract with the department has
813-3 committed an action that constitutes a ground for the denial or
813-4 revocation of the physician's license under Section 164.051,
813-5 Occupations Code [3.08, Medical Practice Act (Article 4495b,
813-6 Vernon's Texas Civil Statutes)]. The report must be made in the
813-7 manner provided by Section 154.051, Occupations Code [4.02 of that
813-8 Act].
813-9 SECTION 14.802. Section 534.104(b), Health and Safety Code,
813-10 is amended to read as follows:
813-11 (b) Nothing in this subchapter precludes one or more
813-12 community centers from forming a nonprofit corporation under
813-13 Chapter 162, Occupations Code [Section 5.01, Medical Practice Act
813-14 (Article 4495b, Vernon's Texas Civil Statutes)], to provide
813-15 services on a risk-sharing or capitated basis as permitted under
813-16 Article 21.52F, Insurance Code.
813-17 SECTION 14.803. Section 571.027(b), Health and Safety Code,
813-18 is amended to read as follows:
813-19 (b) The board shall appoint to the committee:
813-20 (1) three representatives of hospitals, at least two
813-21 of whom represent a facility described by Section 571.003(9)(B) or
813-22 (E);
813-23 (2) three consumers of mental health services, each of
813-24 whom has received treatment in a facility described by Section
813-25 571.003(9)(B) or (E);
813-26 (3) two physicians licensed under Subtitle B, Title 3,
813-27 Occupations Code [the Medical Practice Act (Article 4495b, Vernon's
814-1 Texas Civil Statutes)], who practice psychiatry and are board
814-2 certified in psychiatry, at least one of whom is board certified in
814-3 child and adolescent psychiatry; and
814-4 (4) one family member of a person who has been a
814-5 consumer of mental health services provided by a facility described
814-6 by Section 571.003(9)(B) or (E).
814-7 SECTION 14.804. Section 574.045(a), Health and Safety Code,
814-8 is amended to read as follows:
814-9 (a) The court may authorize the transportation of a
814-10 committed patient or a patient detained under Section 573.022 or
814-11 574.023 to the designated mental health facility by:
814-12 (1) a relative or other responsible person who has a
814-13 proper interest in the patient's welfare and who receives no
814-14 remuneration, except for actual and necessary expenses;
814-15 (2) the facility administrator of the designated
814-16 mental health facility, if the administrator notifies the court
814-17 that facility personnel are available to transport the patient;
814-18 (3) a special officer for mental health assignment
814-19 certified under Section 1701.404, Occupations [415.037, Government]
814-20 Code;
814-21 (4) a representative of the local mental health
814-22 authority, who shall be reimbursed by the county; or
814-23 (5) the sheriff or constable, if no person is
814-24 available under Subdivision (1), (2), (3), or (4).
814-25 SECTION 14.805. Section 578.005(b), Health and Safety Code,
814-26 is amended to read as follows:
814-27 (b) A physician may not delegate the act of administering
815-1 the therapy. A nonphysician who administers electroconvulsive
815-2 therapy is considered to be practicing medicine in violation of
815-3 Subtitle B, Title 3, Occupations Code [the Medical Practice Act
815-4 (Article 4495b, Vernon's Texas Civil Statutes)].
815-5 SECTION 14.806. Section 611.0045(j), Health and Safety Code,
815-6 is amended to read as follows:
815-7 (j) Notwithstanding Section 159.002, Occupations Code [5.08,
815-8 Medical Practice Act (Article 4495b, Vernon's Texas Civil
815-9 Statutes)], this section applies to the release of a confidential
815-10 record created or maintained by a professional, including a
815-11 physician, that relates to the diagnosis, evaluation, or treatment
815-12 of a mental or emotional condition or disorder, including
815-13 alcoholism or drug addiction.
815-14 SECTION 14.807. Section 755.030(a), Health and Safety Code,
815-15 is amended to read as follows:
815-16 (a) In addition to the fees described by Section 51.202,
815-17 Occupations Code [12(f), Article 9100, Revised Statutes], the
815-18 commission may authorize the collection of fees for:
815-19 (1) boiler inspections, including fees for special
815-20 inspections; and
815-21 (2) other activities administered by the boiler
815-22 inspection section and authorized by rule of the commissioner.
815-23 SECTION 14.808. Section 773.003(18), Health and Safety Code,
815-24 is amended to read as follows:
815-25 (18) "Medical supervision" means direction given to
815-26 emergency medical services personnel by a licensed physician under
815-27 Subtitle B, Title 3, Occupations Code, [the Medical Practice Act
816-1 (Article 4495b, Vernon's Texas Civil Statutes)] and the rules
816-2 adopted under that subtitle [Act] by the Texas State Board of
816-3 Medical Examiners.
816-4 SECTION 14.809. Section 822.046(c), Health and Safety Code,
816-5 is amended to read as follows:
816-6 (c) It is a defense to prosecution under Section 822.044 or
816-7 Section 822.045 that the person is a dog trainer or an employee of
816-8 a guard dog company under Chapter 1702, Occupations Code [the
816-9 Private Investigators and Private Security Agencies Act (Article
816-10 4413(29bb), Vernon's Texas Civil Statutes)].
816-11 SECTION 14.810. Section 826.023(e), Health and Safety Code,
816-12 is amended to read as follows:
816-13 (e) This section does not prohibit a veterinarian licensed
816-14 by the State Board of Veterinary Medical Examiners from selling or
816-15 dispensing rabies vaccine to an individual with whom the
816-16 veterinarian has a veterinarian-client-patient relationship as
816-17 described by Chapter 801, Occupations Code, [The Veterinary
816-18 Licensing Act (Article 8890, Revised Statutes)] for the sole
816-19 purpose of allowing that individual to administer the rabies
816-20 vaccine to that individual's own livestock.
816-21 SECTION 14.811. Section 828.012(a), Health and Safety Code,
816-22 is amended to read as follows:
816-23 (a) Surgery performed in accordance with this chapter must
816-24 be performed by a veterinarian or a full-time student of an
816-25 accredited college of veterinary medicine as provided by Chapter
816-26 801, Occupations Code [the Veterinary Licensing Act (Article 8890,
816-27 Vernon's Texas Civil Statutes)].
817-1 SECTION 14.812. Section 22.015(a), Human Resources Code, is
817-2 amended to read as follows:
817-3 (a) If the department receives an allegation that a
817-4 physician employed by or under contract with the department has
817-5 committed an action that constitutes a ground for the denial or
817-6 revocation of the physician's license under Section 164.051,
817-7 Occupations Code [3.08, Medical Practice Act (Article 4495b,
817-8 Vernon's Texas Civil Statutes)], the department shall report the
817-9 information to the Texas State Board of Medical Examiners in the
817-10 manner provided by Section 154.051, Occupations Code [4.02 of that
817-11 Act].
817-12 SECTION 14.813. Sections 32.027(c), (d), and (e), Human
817-13 Resources Code, are amended to read as follows:
817-14 (c) A recipient of medical assistance that is authorized in
817-15 this chapter may select for the provision of respiratory care
817-16 therapy any person authorized to practice respiratory care under
817-17 Chapter 604, Occupations Code [829, Acts of the 69th Legislature,
817-18 Regular Session, 1985 (Article 4512l, Vernon's Texas Civil
817-19 Statutes)]. The department shall provide reimbursement to a person
817-20 authorized to practice respiratory care under that Act, a licensed
817-21 health care entity, or a physician licensed to practice medicine
817-22 under the laws of this state.
817-23 (d) The department shall permit a recipient of medical
817-24 assistance under this chapter to receive services relating to
817-25 physical therapy from any person authorized to practice physical
817-26 therapy under Chapter 453, Occupations Code [836, Acts of the 62nd
817-27 Legislature, Regular Session, 1971 (Article 4512e, Vernon's Texas
818-1 Civil Statutes)].
818-2 (e) The department shall assure that a recipient of medical
818-3 assistance under this chapter may select a licensed psychologist or
818-4 a licensed marriage and family therapist, as defined by Section
818-5 502.002, Occupations Code [2, Licensed Marriage and Family
818-6 Therapist Act (Article 4512c-1, Vernon's Texas Civil Statutes)], to
818-7 perform any health care service or procedure covered under the
818-8 medical assistance program if the selected psychologist or marriage
818-9 and family therapist is authorized by law to perform the service or
818-10 procedure. This subsection shall be liberally construed.
818-11 SECTION 14.814. Section 61.0813(d), Human Resources Code, is
818-12 amended to read as follows:
818-13 (d) A polygraph examination required as a condition of
818-14 release under Subsection (a) must be administered by an individual
818-15 who is:
818-16 (1) specified by the commission; and
818-17 (2) licensed as a polygraph examiner under Chapter
818-18 1703, Occupations Code [the Polygraph Examiners Act (Article
818-19 4413(29cc), Vernon's Texas Civil Statutes)].
818-20 SECTION 14.815. Section 91.013(b), Labor Code, is amended to
818-21 read as follows:
818-22 (b) Department background investigations are governed by
818-23 this chapter, Section 411.122, Government Code, and Chapter 53,
818-24 Occupations Code [Article 6252-13c, Revised Statutes, and by
818-25 Sections 2 through 5, Chapter 267, Acts of the 67th Legislature,
818-26 Regular Session, 1981 (Article 6252-13d, Vernon's Texas Civil
818-27 Statutes)]. Conviction of a crime does not automatically
819-1 disqualify a controlling person, require the revocation of a
819-2 license, or require the denial of an application for a new or
819-3 renewed license. The department shall consider criminal
819-4 convictions as provided by Section 411.122, Government Code, and
819-5 Chapter 53, Occupations Code [Article 6252-13c, Revised Statutes,
819-6 and Sections 2 through 5, Chapter 267, Acts of the 67th
819-7 Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
819-8 Texas Civil Statutes)].
819-9 SECTION 14.816. Section 91.021(a), Labor Code, is amended to
819-10 read as follows:
819-11 (a) On a finding that a ground for disciplinary action
819-12 exists under one or more provisions of Section 91.020(a), the
819-13 department shall impose administrative sanctions as provided by
819-14 Section 51.353, Occupations Code [in Section 17, Article 9100,
819-15 Revised Statutes]; provided however, for the purposes of this
819-16 chapter [Act], the department may impose an administrative penalty
819-17 in an amount not less than $1,000 for each violation, but not more
819-18 than $50,000.
819-19 SECTION 14.817. Section 92.003, Labor Code, is amended to
819-20 read as follows:
819-21 Sec. 92.003. AGENCY POWERS AND DUTIES. The department,
819-22 commissioner, and commission shall exercise the regulatory,
819-23 administrative, and licensing authority granted under this chapter
819-24 as provided by Chapter 51, Occupations Code [Article 9100, Revised
819-25 Statutes].
819-26 SECTION 14.818. Section 103.003(b), Labor Code, is amended to
819-27 read as follows:
820-1 (b) An employer may not disclose information about a
820-2 licensed nurse or licensed vocational nurse that relates to conduct
820-3 that is protected under Section 301.352 or 303.005, Occupations
820-4 Code [Article 4525d, Revised Statutes]. The employer must provide
820-5 an affected nurse an opportunity to submit a statement of
820-6 reasonable length to the employer to establish the application of
820-7 Section 301.352 or 303.005, Occupations Code [Article 4525d,
820-8 Revised Statutes].
820-9 SECTION 14.819. Section 85.0011, Local Government Code, is
820-10 amended to read as follows:
820-11 Sec. 85.0011. QUALIFICATIONS. A person is not eligible to
820-12 serve as sheriff unless the person:
820-13 (1) has a high school diploma or a high school
820-14 equivalency certificate; and
820-15 (2) is eligible to be licensed under Sections 1701.309
820-16 [Section 415.058] and 1701.312 [415.059], Occupations [Government]
820-17 Code.
820-18 SECTION 14.820. Section 85.004(b), Local Government Code, is
820-19 amended to read as follows:
820-20 (b) A reserve deputy serves at the discretion of the sheriff
820-21 and may be called into service if the sheriff considers it
820-22 necessary to have additional officers to preserve the peace and
820-23 enforce the law. The sheriff may authorize a reserve deputy who is
820-24 a peace officer as described by Article 2.12, Code of Criminal
820-25 Procedure, to carry a weapon or act as a peace officer at all
820-26 times, regardless of whether the reserve deputy is engaged in the
820-27 actual discharge of official duties, or may limit the authority of
821-1 the reserve deputy to carry a weapon or act as a peace officer to
821-2 only those times during which the reserve deputy is engaged in the
821-3 actual discharge of official duties. A reserve deputy who is not a
821-4 peace officer as described by Article 2.12, Code of Criminal
821-5 Procedure, may act as a peace officer only during the actual
821-6 discharge of official duties. A reserve deputy, regardless of
821-7 whether the reserve deputy is a peace officer as described by
821-8 Article 2.12, Code of Criminal Procedure, is not:
821-9 (1) eligible for participation in any program provided
821-10 by the county that is normally considered a financial benefit of
821-11 full-time employment or for any pension fund created by statute for
821-12 the benefit of full-time paid peace officers; or
821-13 (2) exempt from Chapter 1702, Occupations Code [the
821-14 Private Investigators and Private Security Agencies Act (Article
821-15 4413(29bb), Vernon's Texas Civil Statutes)].
821-16 SECTION 14.821. Section 86.0021, Local Government Code, is
821-17 amended to read as follows:
821-18 Sec. 86.0021. QUALIFICATIONS; REMOVAL. (a) A person is not
821-19 eligible to serve as constable unless the person:
821-20 (1) has a high school diploma or a high school
821-21 equivalency certificate; and
821-22 (2) is eligible to be licensed under Sections 1701.309
821-23 [415.058] and 1701.312 [415.059], Occupations [Government] Code.
821-24 (b) On or before the 270th day after the date a constable
821-25 takes office, the constable shall provide, to the commissioners
821-26 court of the county in which the constable serves, evidence that
821-27 the constable has been issued a permanent peace officer license
822-1 under Chapter 1701, Occupations [415, Government] Code. A
822-2 constable who fails to provide evidence of licensure under this
822-3 subsection or who fails to maintain a permanent license while
822-4 serving in office forfeits the office and is subject to removal in
822-5 a quo warranto proceeding under Chapter 66, Civil Practice and
822-6 Remedies Code.
822-7 (c) The license requirement of Subsection (b) supersedes the
822-8 license requirement of Section 1701.302, Occupations [415.053,
822-9 Government] Code.
822-10 SECTION 14.822. Section 86.012(b), Local Government Code, is
822-11 amended to read as follows:
822-12 (b) A reserve deputy constable serves at the discretion of
822-13 the constable and may be called into service at any time that the
822-14 constable considers it necessary to have additional officers to
822-15 preserve the peace and enforce the law. The constable may
822-16 authorize a reserve deputy constable who is a peace officer as
822-17 described by Article 2.12, Code of Criminal Procedure, to carry a
822-18 weapon or act as a peace officer at all times, regardless of
822-19 whether the reserve deputy constable is engaged in the actual
822-20 discharge of official duties, or may limit the authority of the
822-21 reserve deputy constable to carry a weapon or act as a peace
822-22 officer to only those times during which the reserve deputy
822-23 constable is engaged in the actual discharge of official duties. A
822-24 reserve deputy constable who is not a peace officer as described by
822-25 Article 2.12, Code of Criminal Procedure, may act as a peace
822-26 officer only during the actual discharge of official duties. A
822-27 reserve deputy constable, regardless of whether the reserve deputy
823-1 constable is a peace officer as described by Article 2.12, Code of
823-2 Criminal Procedure, is not:
823-3 (1) eligible for participation in any program provided
823-4 by the county that is normally considered a financial benefit of
823-5 full-time employment or for any pension fund created by statute for
823-6 the benefit of full-time paid peace officers; or
823-7 (2) exempt from Chapter 1702, Occupations Code [the
823-8 Private Investigators and Private Security Agencies Act (Article
823-9 4413(29bb), Vernon's Texas Civil Statutes)].
823-10 SECTION 14.823. Section 231.104(b), Local Government Code, is
823-11 amended to read as follows:
823-12 (b) The commissioners court may not adopt an ordinance in
823-13 conflict with Chapter 2154, Occupations [Article 5.43-4, Insurance]
823-14 Code, or with any rule adopted under that chapter [article]. An
823-15 ordinance adopted in conflict with that chapter [article] is void.
823-16 SECTION 14.824. Section 235.003(b), Local Government Code, as
823-17 renumbered by Article 12 of this Act from Section 236.003(b), Local
823-18 Government Code, is amended to read as follows:
823-19 (b) The commissioners court may not adopt a rule under this
823-20 chapter that:
823-21 (1) authorizes the county fire marshal to regulate the
823-22 transportation of explosives if the point of origin and the
823-23 destination are outside the county; or
823-24 (2) regulates a product or activity licensed or
823-25 regulated under Chapter 2154, Occupations [Article 5.43-4,
823-26 Insurance] Code, or a rule adopted under that chapter [article].
823-27 SECTION 14.825. Section 341.012(h), Local Government Code, is
824-1 amended to read as follows:
824-2 (h) Reserve police officers may act only in a supplementary
824-3 capacity to the regular police force and may not assume the
824-4 full-time duties of regular police officers without complying with
824-5 the requirements for regular police officers. On approval of the
824-6 appointment of a member who is a peace officer as described by
824-7 Article 2.12, Code of Criminal Procedure, the chief of police may
824-8 authorize the person appointed to carry a weapon or act as a peace
824-9 officer at all times, regardless of whether the person is engaged
824-10 in the actual discharge of official duties, or may limit the
824-11 authority of the person to carry a weapon or act as a peace officer
824-12 to only those times during which the person is engaged in the
824-13 actual discharge of official duties. A reserve police officer,
824-14 regardless of whether the reserve police officer is a peace officer
824-15 as described by Article 2.12, Code of Criminal Procedure, is not:
824-16 (1) eligible for participation in any program provided
824-17 by the governing body that is normally considered a financial
824-18 benefit of full-time employment or for any pension fund created by
824-19 statute for the benefit of full-time paid peace officers; or
824-20 (2) exempt from Chapter 1702, Occupations Code [the
824-21 Private Investigators and Private Security Agencies Act (Article
824-22 4413(29bb), Vernon's Texas Civil Statutes)].
824-23 SECTION 14.826. Section 453.304, Occupations Code, is amended
824-24 to read as follows:
824-25 Sec. 453.304. PROHIBITED PRACTICE. It is a violation of this
824-26 chapter for an individual licensed by the board to violate Section
824-27 102.001 [161.091, Health and Safety Code].
825-1 SECTION 14.827. Section 605.352, Occupations Code, is amended
825-2 to read as follows:
825-3 Sec. 605.352. VIOLATION OF SECTION 102.001 [HEALTH AND
825-4 SAFETY CODE]. A person licensed under this chapter is considered
825-5 to have violated this chapter if the person violates Section
825-6 102.001 [161.091, Health and Safety Code].
825-7 SECTION 14.828. Section 16.06(d), Penal Code, is amended to
825-8 read as follows:
825-9 (d) It is an affirmative defense to prosecution under this
825-10 section that the person:
825-11 (1) obtained the effective consent of the owner or
825-12 lessee of the motor vehicle before the electronic or mechanical
825-13 tracking device was installed;
825-14 (2) was a peace officer who installed the device in
825-15 the course of a criminal investigation or pursuant to an order of a
825-16 court to gather information for a law enforcement agency;
825-17 (3) assisted another whom the person reasonably
825-18 believed to be a peace officer authorized to install the device in
825-19 the course of a criminal investigation or pursuant to an order of a
825-20 court to gather information for a law enforcement agency; or
825-21 (4) was a private investigator licensed under Chapter
825-22 1702, Occupations Code, [the Private Investigators and Private
825-23 Security Agencies Act (Article 4413(29bb), Vernon's Texas Civil
825-24 Statutes)] who installed the device:
825-25 (A) with written consent:
825-26 (i) to install the device given by the
825-27 owner or lessee of the motor vehicle; and
826-1 (ii) to enter private residential
826-2 property, if that entry was necessary to install the device, given
826-3 by the owner or lessee of the property; or
826-4 (B) pursuant to an order of or other
826-5 authorization from a court to gather information.
826-6 SECTION 14.829. Sections 22.011(c)(3) and (4), Penal Code,
826-7 are amended to read as follows:
826-8 (3) "Health care services provider" means:
826-9 (A) a physician licensed under Subtitle B, Title
826-10 3, Occupations Code [the Medical Practice Act (Article 4495b,
826-11 Vernon's Texas Civil Statutes)];
826-12 (B) a chiropractor licensed under Chapter 201,
826-13 Occupations Code [94, Acts of the 51st Legislature, Regular
826-14 Session, 1949 (Article 4512b, Vernon's Texas Civil Statutes)];
826-15 (C) a licensed vocational nurse licensed under
826-16 Chapter 302, Occupations Code [118, Acts of the 52nd Legislature,
826-17 1951 (Article 4528c, Vernon's Texas Civil Statutes)];
826-18 (D) a physical therapist licensed under Chapter
826-19 453, Occupations Code [836, Acts of the 62nd Legislature, Regular
826-20 Session, 1971 (Article 4512e, Vernon's Texas Civil Statutes)];
826-21 (E) a physician assistant licensed under Chapter
826-22 204, Occupations Code [the Physician Assistant Licensing Act
826-23 (Article 4495b-1, Vernon's Texas Civil Statutes)]; or
826-24 (F) a registered nurse or an advanced practice
826-25 nurse licensed under Chapter 301, Occupations Code [7, Title 71,
826-26 Revised Statutes].
826-27 (4) "Mental health services provider" means an
827-1 individual, licensed or unlicensed, who performs or purports to
827-2 perform mental health services, including a:
827-3 (A) licensed social worker as defined by Section
827-4 505.002, Occupations [50.001, Human Resources] Code;
827-5 (B) chemical dependency counselor as defined by
827-6 Section 504.001, Occupations Code [1, Chapter 635, Acts of the 72nd
827-7 Legislature, Regular Session, 1991 (Article 4512o, Vernon's Texas
827-8 Civil Statutes)];
827-9 (C) licensed professional counselor as defined
827-10 by Section 503.002, Occupations Code [2, Licensed Professional
827-11 Counselor Act (Article 4512g, Vernon's Texas Civil Statutes)];
827-12 (D) licensed marriage and family therapist as
827-13 defined by Section 502.002, Occupations Code [2, Licensed Marriage
827-14 and Family Therapist Act (Article 4512c-1, Vernon's Texas Civil
827-15 Statutes)];
827-16 (E) member of the clergy;
827-17 (F) psychologist offering psychological services
827-18 as defined by Section 501.003, Occupations Code [2, Psychologists'
827-19 Licensing Act (Article 4512c, Vernon's Texas Civil Statutes)]; or
827-20 (G) special officer for mental health assignment
827-21 certified under Section 1701.404, Occupations [415.037, Government]
827-22 Code.
827-23 SECTION 14.830. Section 35.01(2), Penal Code, is amended to
827-24 read as follows:
827-25 (2) "Health care provider" means a person who renders
827-26 health care services or an agent or employee of an organization
827-27 that renders or provides a facility and means to render health care
828-1 services. The term includes a physician, surgeon, person who may
828-2 be selected by an insured or a beneficiary under Article 21.52,
828-3 Insurance Code, and person defined as a provider of health care
828-4 under Section 152.003, Occupations Code [2.05(d)(1), Medical
828-5 Practice Act (Article 4495b, Vernon's Texas Civil Statutes)].
828-6 SECTION 14.831. Section 37.12(c), Penal Code, is amended to
828-7 read as follows:
828-8 (c) In this section, "reserve law enforcement officer" has
828-9 the same meaning as is given that term in Section 1701.001,
828-10 Occupations [415.001, Government] Code.
828-11 SECTION 14.832. Sections 43.251(a)(2) and (3), Penal Code,
828-12 are amended to read as follows:
828-13 (2) "Massage" has the meaning assigned to the term
828-14 "massage therapy" by Section 455.001, Occupations Code [1, Chapter
828-15 752, Acts of the 69th Legislature, Regular Session, 1985 (Article
828-16 4512k, Vernon's Texas Civil Statutes)].
828-17 (3) "Massage establishment" has the meaning assigned
828-18 by Section 455.001, Occupations Code [1, Chapter 752, Acts of the
828-19 69th Legislature, Regular Session, 1985 (Article 4512k, Vernon's
828-20 Texas Civil Statutes)].
828-21 SECTION 14.833. Section 46.035(e), Penal Code, is amended to
828-22 read as follows:
828-23 (e) A license holder who is licensed as a security officer
828-24 under Chapter 1702, Occupations Code, [the Private Investigators
828-25 and Private Security Agencies Act (Article 4413(29bb), Vernon's
828-26 Texas Civil Statutes)] and employed as a security officer commits
828-27 an offense if, while in the course and scope of the security
829-1 officer's employment, the security officer violates a provision of
829-2 Subchapter H, Chapter 411, Government Code.
829-3 SECTION 14.834. Section 47.02(c), Penal Code, is amended to
829-4 read as follows:
829-5 (c) It is a defense to prosecution under this section that
829-6 the actor reasonably believed that the conduct:
829-7 (1) was permitted under Chapter 2001, Occupations Code
829-8 [the Bingo Enabling Act (Article 179d, Vernon's Texas Civil
829-9 Statutes)];
829-10 (2) was permitted under Chapter 2002, Occupations Code
829-11 [the Charitable Raffle Enabling Act (Article 179f, Revised
829-12 Statutes)];
829-13 (3) consisted entirely of participation in the state
829-14 lottery authorized by the State Lottery Act (Chapter 466,
829-15 Government Code);
829-16 (4) was permitted under the Texas Racing Act (Article
829-17 179e, Vernon's Texas Civil Statutes); or
829-18 (5) consisted entirely of participation in a drawing
829-19 for the opportunity to participate in a hunting, fishing, or other
829-20 recreational event conducted by the Parks and Wildlife Department.
829-21 SECTION 14.835. Section 47.09(a), Penal Code, is amended to
829-22 read as follows:
829-23 (a) It is a defense to prosecution under this chapter that
829-24 the conduct:
829-25 (1) was authorized under:
829-26 (A) Chapter 2001, Occupations Code [the Bingo
829-27 Enabling Act (Article 179d, Vernon's Texas Civil Statutes)];
830-1 (B) Chapter 2002, Occupations Code; or
830-2 (C) the Texas Racing Act (Article 179e, Vernon's
830-3 Texas Civil Statutes)[; or]
830-4 [(C) the Charitable Raffle Enabling Act (Article
830-5 179f, Revised Statutes)];
830-6 (2) consisted entirely of participation in the state
830-7 lottery authorized by Chapter 466, Government Code; or
830-8 (3) was a necessary incident to the operation of the
830-9 state lottery and was directly or indirectly authorized by:
830-10 (A) Chapter 466, Government Code;
830-11 (B) the lottery division of the Texas Lottery
830-12 Commission;
830-13 (C) the Texas Lottery Commission; or
830-14 (D) the director of the lottery division of the
830-15 Texas Lottery Commission.
830-16 SECTION 14.836. Section 112.058(f), Tax Code, is amended to
830-17 correct references and to reflect the terminology used by
830-18 Subchapter K, Chapter 2001, Occupations Code, for the amounts
830-19 imposed and collected for the state under that subchapter to read
830-20 as follows:
830-21 (f) All protest payments of taxes or of fees on prizes
830-22 imposed by and collected for the state under Chapter 2001,
830-23 Occupations Code, [the Bingo Enabling Act (Article 179d, Vernon's
830-24 Texas Civil Statutes)] that become due on or after September 1,
830-25 1993, are governed by Subchapter J, Chapter 403, Government Code.
830-26 SECTION 14.837. Section 151.0075, Tax Code, is amended to
830-27 read as follows:
831-1 Sec. 151.0075. "SECURITY SERVICE." "Security service" means
831-2 service for which a license is required under Section 1702.101 or
831-3 1702.102, Occupations Code [Section 13, Private Investigators and
831-4 Private Security Agencies Act (Article 4413(29bb), Vernon's Texas
831-5 Civil Statutes)].
831-6 SECTION 14.838. Section 662.008(b), Transportation Code, is
831-7 amended to read as follows:
831-8 (b) Before the designated state agency may deny, suspend, or
831-9 cancel the approval of a program sponsor or an instructor, notice
831-10 and opportunity for a hearing must be given as provided by:
831-11 (1) Chapter 2001, Government Code; and
831-12 (2) Chapter 53, Occupations Code [Article 6252-13c,
831-13 Revised Statutes; and]
831-14 [(3) Sections 2 through 5, Chapter 267, Acts of the
831-15 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
831-16 Texas Civil Statutes)].
831-17 SECTION 14.839. Section 663.017(b), Transportation Code, is
831-18 amended to read as follows:
831-19 (b) Before the designated division or agency may deny,
831-20 suspend, or cancel the approval of a program sponsor or an
831-21 instructor, notice and opportunity for a hearing must be given as
831-22 provided by:
831-23 (1) Chapter 2001, Government Code; and
831-24 (2) Chapter 53, Occupations Code [Article 6252-13c,
831-25 Revised Statutes; and]
831-26 [(3) Sections 2 through 5, Chapter 267, Acts of the
831-27 67th Legislature, Regular Session, 1981 (Article 6252-13d, Vernon's
832-1 Texas Civil Statutes)].
832-2 SECTION 14.840. Section 681.010(b), Transportation Code, is
832-3 amended to read as follows:
832-4 (b) A security officer commissioned under Chapter 1702,
832-5 Occupations Code, [the Private Investigators and Private Security
832-6 Agencies Act (Article 4413(29bb), Vernon's Texas Civil Statutes)]
832-7 and employed by the owner of private property may file a charge
832-8 against a person who commits an offense under this chapter at a
832-9 parking space or area designated by the owner of the property as
832-10 provided by Section 681.009.
832-11 ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE
832-12 SECTION 15.001. Section 62.017, Parks and Wildlife Code, as
832-13 added by Chapters 851 and 959, Acts of the 76th Legislature,
832-14 Regular Session, 1999, is reenacted to read as follows:
832-15 Sec. 62.017. DISPOSITION OF SEIZED PROPERTY. (a) If a
832-16 person is finally convicted of an offense under Section 62.003,
832-17 62.004, 62.005, or 62.011(c), the court entering judgment of
832-18 conviction may order any weapon or other personal property used in
832-19 the commission of the offense destroyed or forfeited to the
832-20 department.
832-21 (b) If the department receives a forfeiture order from a
832-22 court as authorized by this section, the department may:
832-23 (1) use the property in its normal operation;
832-24 (2) sell or transfer the property; or
832-25 (3) destroy the property.
832-26 (c) This section does not apply to a vehicle, aircraft, or
832-27 vessel.
833-1 (d) If the disposition of property under this section is by
833-2 sale of the property, the sale proceeds shall be deposited in the
833-3 game, fish, and water safety account.
833-4 ARTICLE 16. CHANGES RELATING TO PENAL CODE
833-5 SECTION 16.001. Section 28.08(e), Penal Code, as amended by
833-6 Chapters 166 and 695, Acts of the 76th Legislature, Regular
833-7 Session, 1999, is amended to properly number subdivisions to read
833-8 as follows:
833-9 (e) In this section:
833-10 (1) "Aerosol paint" means an aerosolized paint
833-11 product.
833-12 (2) "Etching or engraving device" means a device that
833-13 makes a delineation or impression on tangible property, regardless
833-14 of the manufacturer's intended use for that device.
833-15 (3) "Indelible marker" means a device that makes a
833-16 mark with a paint or ink product that is specifically formulated to
833-17 be more difficult to erase, wash out, or remove than ordinary paint
833-18 or ink products.
833-19 (4) [(3)] "Institution of higher education" has the
833-20 meaning assigned by Section 481.134, Health and Safety Code.
833-21 (5) [(4)] "School" means a private or public
833-22 elementary or secondary school.
833-23 SECTION 16.002. Section 30.05(d), Penal Code, as amended by
833-24 Chapters 169 and 765, Acts of the 76th Legislature, Regular
833-25 Session, 1999, is reenacted to read as follows:
833-26 (d) An offense under Subsection (e) is a Class C misdemeanor
833-27 unless it is committed in a habitation or unless the actor carries
834-1 a deadly weapon on or about the actor's person during the
834-2 commission of the offense, in which event it is a Class A
834-3 misdemeanor. An offense under Subsection (a) is a Class B
834-4 misdemeanor, except that the offense is a Class A misdemeanor if:
834-5 (1) the offense is committed:
834-6 (A) in a habitation or a shelter center; or
834-7 (B) on a Superfund site; or
834-8 (2) the actor carries a deadly weapon on or about his
834-9 person during the commission of the offense.
834-10 SECTION 16.003. The heading to Section 49.03, Penal Code, is
834-11 amended to conform the heading of that section to the substance of
834-12 that section to read as follows:
834-13 Sec. 49.03. CONSUMPTION [OR POSSESSION] OF ALCOHOLIC
834-14 BEVERAGE IN MOTOR VEHICLE.
834-15 ARTICLE 17. CHANGES RELATING TO PROPERTY CODE
834-16 SECTION 17.001. (a) Section 92.158, Property Code, as
834-17 amended by Chapter 48, Acts of the 73rd Legislature, Regular
834-18 Session, 1993, is renumbered as Section 92.1641, Property Code, and
834-19 amended to read as follows:
834-20 Sec. 92.1641 [92.158]. LANDLORD'S DEFENSES RELATING TO
834-21 INSTALLING OR REKEYING CERTAIN SECURITY DEVICES. The landlord has a
834-22 defense to liability under Section 92.164 [92.156] if:
834-23 (1) the tenant has not fully paid all rent then due
834-24 from the tenant on the date the tenant gives a request under
834-25 Subsection (a) of Section 92.157 [92.153] or the notice required by
834-26 Section 92.164 [92.156]; or
834-27 (2) on the date the tenant terminates the lease or
835-1 files suit the tenant has not fully paid costs requested by the
835-2 landlord and authorized by Section 92.162 [92.154].
835-3 (b) The heading of Section 92.167, Property Code, is amended
835-4 to read as follows:
835-5 Sec. 92.167. LANDLORD'S DEFENSES RELATING TO COMPLIANCE WITH
835-6 TENANT'S REQUEST.
835-7 SECTION 17.002. Section 142.004(a), Property Code, as amended
835-8 by Chapters 94 and 195, Acts of the 76th Legislature, Regular
835-9 Session, 1999, is reenacted and amended to read as follows:
835-10 (a) In a suit in which a minor or incapacitated person who
835-11 has no legal guardian is represented by a next friend or an
835-12 appointed guardian ad litem, any money recovered by the plaintiff,
835-13 if not otherwise managed under this chapter, may be invested:
835-14 (1) by the next friend or guardian ad litem in:
835-15 (A) the Texas tomorrow fund established by
835-16 Subchapter F, Chapter 54, Education Code; or
835-17 (B) interest-bearing time deposits in a
835-18 financial institution doing business in this state and insured by
835-19 the Federal Deposit Insurance Corporation; or
835-20 (2) by the clerk of the court, on written order of the
835-21 court of proper jurisdiction, in:
835-22 (A) the Texas tomorrow fund established by
835-23 Subchapter F, Chapter 54, Education Code;
835-24 (B) interest-bearing deposits in a financial
835-25 institution doing business in this state and [that is] insured by
835-26 the Federal Deposit Insurance Corporation;
835-27 (C) [(B)] United States treasury bills;
836-1 (D) [(C)] an eligible interlocal investment pool
836-2 that meets the requirements of Sections 2256.016, 2256.017, and
836-3 2256.019, Government Code; or
836-4 (E) [(D)] a no-load money market mutual fund, if
836-5 the fund:
836-6 (i) is regulated by the Securities and
836-7 Exchange Commission;
836-8 (ii) has a dollar weighted average stated
836-9 maturity of 90 days or fewer; and
836-10 (iii) includes in its investment
836-11 objectives the maintenance of a stable net asset value of $1 for
836-12 each share[; or]
836-13 [(E) the Texas tomorrow fund established by
836-14 Subchapter F, Chapter 54, Education Code].
836-15 SECTION 17.003. Section 301.003, Property Code, is amended to
836-16 more accurately reflect the law from which it was derived by adding
836-17 Subdivision (12) to read as follows:
836-18 (12) "Person" means:
836-19 (A) an individual;
836-20 (B) a corporation, partnership, association,
836-21 unincorporated organization, labor organization, mutual company,
836-22 joint-stock company, and trust; and
836-23 (C) a legal representative, a trustee, a trustee
836-24 in a case under Title 11, U.S.C., a receiver, and a fiduciary.
836-25 ARTICLE 18. CHANGES RELATING TO TAX CODE
836-26 SECTION 18.001. (a) Section 11.18, Tax Code, as amended by
836-27 Chapters 138, 266, 924, and 1443, Acts of the 76th Legislature,
837-1 Regular Session, 1999, is reenacted and amended as Sections 11.18
837-2 and 11.1801, Subchapter B, Chapter 11, Tax Code, to read as
837-3 follows:
837-4 Sec. 11.18. CHARITABLE ORGANIZATIONS. (a) An organization
837-5 that qualifies as a charitable organization as provided by this
837-6 section is entitled to an exemption from taxation of:
837-7 (1) the buildings and tangible personal property that:
837-8 (A) are owned by the charitable organization;
837-9 and
837-10 (B) except as permitted by Subsection (b), are
837-11 used exclusively by qualified charitable organizations; and
837-12 (2) the real property owned by the charitable
837-13 organization consisting of:
837-14 (A) an incomplete improvement that:
837-15 (i) is under active construction or other
837-16 physical preparation; and
837-17 (ii) is designed and intended to be used
837-18 exclusively by qualified charitable organizations; and
837-19 (B) the land on which the incomplete improvement
837-20 is located that will be reasonably necessary for the use of the
837-21 improvement by qualified charitable organizations.
837-22 (b) Use of exempt property by persons who are not charitable
837-23 organizations qualified as provided by this section does not result
837-24 in the loss of an exemption authorized by this section if the use
837-25 is incidental to use by qualified charitable organizations and
837-26 limited to activities that benefit the beneficiaries of the
837-27 charitable organizations that own or use the property.
838-1 (c) To qualify as a charitable organization for the purposes
838-2 of this section, an organization, whether operated by an
838-3 individual, or as a corporation, [as a] foundation, [as a] trust,
838-4 or [as an] association, must meet the applicable requirements of
838-5 Subsections (d), (e), (f), and (g) [of this section].
838-6 (d) A charitable organization must be organized exclusively
838-7 to perform religious, charitable, scientific, literary, or
838-8 educational purposes and, except as permitted by Subsections (h)
838-9 and (l) [of this section], engage exclusively in performing one or
838-10 more of the following charitable functions:
838-11 (1) providing medical care without regard to the
838-12 beneficiaries' ability to pay, which in the case of a nonprofit
838-13 hospital or hospital system means providing charity care and
838-14 community benefits in accordance with Section 11.1801 [as set forth
838-15 in Paragraph (A), (B), (C), (D), (E), (F), (G), or (H):]
838-16 [(A) charity care and government-sponsored
838-17 indigent health care are provided at a level which is reasonable in
838-18 relation to the community needs, as determined through the
838-19 community needs assessment, the available resources of the hospital
838-20 or hospital system, and the tax-exempt benefits received by the
838-21 hospital or hospital system;]
838-22 [(B) charity care and government-sponsored
838-23 indigent health care are provided in an amount equal to at least
838-24 four percent of the hospital's or hospital system's net patient
838-25 revenue;]
838-26 [(C) charity care and government-sponsored
838-27 indigent health care are provided in an amount equal to at least
839-1 100 percent of the hospital's or hospital system's tax-exempt
839-2 benefits, excluding federal income tax;]
839-3 [(D) a nonprofit hospital that has been
839-4 designated as a disproportionate share hospital under the state
839-5 Medicaid program in the current year or in either of the previous
839-6 two fiscal years shall be considered to have provided a reasonable
839-7 amount of charity care and government-sponsored indigent health
839-8 care and shall be deemed in compliance with the standards in this
839-9 subsection;]
839-10 [(E) for tax years before 1996, charity care and
839-11 community benefits are provided in a combined amount equal to at
839-12 least five percent of the hospital's or hospital system's net
839-13 patient revenue, provided that charity care and
839-14 government-sponsored indigent health care are provided in an amount
839-15 equal to at least three percent of net patient revenue;]
839-16 [(F) beginning with the hospital's or hospital
839-17 system's tax year starting after 1995, charity care and community
839-18 benefits are provided in a combined amount equal to at least five
839-19 percent of the hospital's or hospital system's net patient revenue,
839-20 provided that charity care and government-sponsored indigent health
839-21 care are provided in an amount equal to at least four percent of
839-22 net patient revenue;]
839-23 [(G) a hospital operated on a nonprofit basis
839-24 that is located in a county with a population of less than 50,000
839-25 and in which the entire county or the population of the entire
839-26 county has been designated as a health professionals shortage area
839-27 is considered to be in compliance with the standards provided by
840-1 this subsection; or]
840-2 [(H) a hospital providing health care services
840-3 to inpatients or outpatients without receiving any payment for
840-4 providing those services from any source, including the patient or
840-5 person legally obligated to support the patient, third-party
840-6 payors, Medicare, Medicaid, or any other state or local indigent
840-7 care program but excluding charitable donations, legacies,
840-8 bequests, or grants or payments for research, is considered to be
840-9 in compliance with the standards provided by this subsection];
840-10 (2) providing support or relief to orphans,
840-11 delinquent, dependent, or handicapped children in need of
840-12 residential care, abused or battered spouses or children in need of
840-13 temporary shelter, the impoverished, or victims of natural disaster
840-14 without regard to the beneficiaries' ability to pay;
840-15 (3) providing support to elderly persons, including
840-16 the provision of recreational or social activities and facilities
840-17 designed to address the special needs of elderly persons, or to the
840-18 handicapped, without regard to the beneficiaries' ability to pay;
840-19 (4) preserving a historical landmark or site;
840-20 (5) promoting or operating a museum, zoo, library,
840-21 theater of the dramatic or performing arts, or symphony orchestra
840-22 or choir;
840-23 (6) promoting or providing humane treatment of
840-24 animals;
840-25 (7) acquiring, storing, transporting, selling, or
840-26 distributing water for public use;
840-27 (8) answering fire alarms and extinguishing fires with
841-1 no compensation or only nominal compensation to the members of the
841-2 organization;
841-3 (9) promoting the athletic development of boys or
841-4 girls under the age of 18 years;
841-5 (10) preserving or conserving wildlife;
841-6 (11) promoting educational development through loans
841-7 or scholarships to students;
841-8 (12) providing halfway house services pursuant to a
841-9 certification as a halfway house by the pardons and paroles
841-10 division of the Texas Department of Criminal Justice [Board of
841-11 Pardons and Paroles];
841-12 (13) providing permanent housing and related social,
841-13 health care, and educational facilities for persons who are 62
841-14 years of age or older without regard to the residents' ability to
841-15 pay;
841-16 (14) promoting or operating an art gallery, museum, or
841-17 collection, in a permanent location or on tour, that is open to the
841-18 public;
841-19 (15) providing for the organized solicitation and
841-20 collection for distributions through gifts, grants, and agreements
841-21 to nonprofit charitable, education, religious, and youth
841-22 organizations that provide direct human, health, and welfare
841-23 services;
841-24 (16) performing biomedical or scientific research or
841-25 biomedical or scientific education for the benefit of the public;
841-26 (17) operating a television station that produces or
841-27 broadcasts educational, cultural, or other public interest
842-1 programming and that receives grants from the Corporation for
842-2 Public Broadcasting under 47 U.S.C. Section 396, as amended [and
842-3 its subsequent amendments];
842-4 (18) providing housing for low-income and
842-5 moderate-income families, for unmarried individuals 62 years of age
842-6 or older, for handicapped individuals, and for families displaced
842-7 by urban renewal, through the use of trust assets that are
842-8 irrevocably and, pursuant to a contract entered into before
842-9 December 31, 1972, contractually dedicated on the sale or
842-10 disposition of the housing to a charitable organization that
842-11 performs charitable functions described by Subdivision (9);
842-12 (19) providing housing and related services to persons
842-13 who are 62 years of age or older in a retirement community, if the
842-14 retirement community provides independent living services, assisted
842-15 living services, and nursing services to its residents on a single
842-16 campus:
842-17 (A) without regard to the residents' ability to
842-18 pay; or
842-19 (B) in which at least four percent of the
842-20 retirement community's combined net resident revenue is provided in
842-21 charitable care to its residents; or
842-22 (20) providing housing on a cooperative basis to
842-23 students of an institution of higher education if:
842-24 (A) the organization is exempt from federal
842-25 income taxation under Section 501(a), [of the] Internal Revenue
842-26 Code of 1986, as amended [and its subsequent amendments], by being
842-27 listed as an exempt entity under Section 501(c)(3) of that code;
843-1 (B) membership in the organization is open to
843-2 all students enrolled in the institution and is not limited to
843-3 those chosen by current members of the organization;
843-4 (C) the organization is governed by its members;
843-5 and
843-6 (D) the members of the organization share the
843-7 responsibility for managing the housing.
843-8 [For purposes of satisfying Paragraph (F) of Subdivision (1),
843-9 a hospital or hospital system may not change its existing fiscal
843-10 year unless the hospital or hospital system changes its ownership
843-11 or corporate structure as a result of a sale or merger.]
843-12 [For purposes of this subsection, a hospital that satisfies
843-13 Paragraph (A), (D), (G), or (H) of Subdivision (1) shall be
843-14 excluded in determining a hospital system's compliance with the
843-15 standards provided by Paragraph (B), (C), (E), or (F) of
843-16 Subdivision (1).]
843-17 [For purposes of this subsection, the terms "charity care,"
843-18 "government-sponsored indigent health care," "health care
843-19 organization," "hospital system," "net patient revenue," "nonprofit
843-20 hospital," and "tax-exempt benefits" have the meanings set forth in
843-21 Sections 311.031 and 311.042, Health and Safety Code. A
843-22 determination of the amount of community benefits and charity care
843-23 and government-sponsored indigent health care provided by a
843-24 hospital or hospital system and the hospital's or hospital system's
843-25 compliance with the requirements of Section 311.045, Health and
843-26 Safety Code, shall be based on the most recently completed and
843-27 audited prior fiscal year of the hospital or hospital system.]
844-1 [The providing of charity care and government-sponsored
844-2 indigent health care in accordance with Paragraph (A) of
844-3 Subdivision (1) shall be guided by the prudent business judgment of
844-4 the hospital which will ultimately determine the appropriate level
844-5 of charity care and government-sponsored indigent health care based
844-6 on the community needs, the available resources of the hospital,
844-7 the tax-exempt benefits received by the hospital, and other factors
844-8 that may be unique to the hospital, such as the hospital's volume
844-9 of Medicare and Medicaid patients. These criteria shall not be
844-10 determinative factors, but shall be guidelines contributing to the
844-11 hospital's decision along with other factors which may be unique to
844-12 the hospital. The formulas contained in Paragraphs (B), (C), (E),
844-13 and (F) of Subdivision (1) shall also not be considered
844-14 determinative of a reasonable amount of charity care and
844-15 government-sponsored indigent health care.]
844-16 [The requirements of this subsection shall not apply to the
844-17 extent a hospital or hospital system demonstrates that reductions
844-18 in the amount of community benefits, charity care, and
844-19 government-sponsored indigent health care are necessary to maintain
844-20 financial reserves at a level required by a bond covenant, are
844-21 necessary to prevent the hospital or hospital system from
844-22 endangering its ability to continue operations, or if the hospital
844-23 or hospital system, as a result of a natural or other disaster, is
844-24 required substantially to curtail its operations.]
844-25 [In any fiscal year that a hospital or hospital system,
844-26 through unintended miscalculation, fails to meet any of the
844-27 standards in Subdivision (1), the hospital or hospital system shall
845-1 not lose its tax-exempt status without the opportunity to cure the
845-2 miscalculation in the fiscal year following the fiscal year the
845-3 failure is discovered by both meeting one of the standards and
845-4 providing an additional amount of charity care and
845-5 government-sponsored indigent health care that is equal to the
845-6 shortfall from the previous fiscal year. A hospital or hospital
845-7 system may apply this provision only once every five years.]
845-8 (e) A charitable organization must be operated in a way that
845-9 does not result in accrual of distributable profits, realization of
845-10 private gain resulting from payment of compensation in excess of a
845-11 reasonable allowance for salary or other compensation for services
845-12 rendered, or realization of any other form of private gain and, if
845-13 the organization performs one or more of the charitable functions
845-14 specified by Subsection (d) [of this section] other than a function
845-15 specified by [in] Subdivision (1), (2), (8), (9), (12), (16), or
845-16 (18), be organized as a nonprofit corporation as defined by the
845-17 Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,
845-18 Vernon's Texas Civil Statutes).
845-19 (f) A charitable organization must:
845-20 (1) use its assets in performing the organization's
845-21 charitable functions or the charitable functions of another
845-22 charitable organization; and
845-23 (2) by charter, bylaw, or other regulation adopted by
845-24 the organization to govern its affairs direct that on
845-25 discontinuance of the organization by dissolution or otherwise:
845-26 (A) the assets are to be transferred to this
845-27 state, the United States, or an educational, religious, charitable,
846-1 or other similar organization that is qualified as a charitable
846-2 organization under Section 501(c)(3), Internal Revenue Code of
846-3 1986, as amended; or
846-4 (B) if required for the organization to qualify
846-5 as a tax-exempt organization under Section 501(c)(12), Internal
846-6 Revenue Code of 1986, as amended, the assets are to be transferred
846-7 directly to the organization's members, each of whom, by
846-8 application for an acceptance of membership in the organization,
846-9 has agreed to immediately transfer those assets to this state or to
846-10 an educational, religious, charitable, or other similar
846-11 organization that is qualified as a charitable organization under
846-12 Section 501(c)(3), Internal Revenue Code of 1986, as amended, as
846-13 designated in the bylaws, charter, or regulation adopted by the
846-14 organization.
846-15 (g) A charitable organization that performs a charitable
846-16 function specified by Subsection (d)(15) [of this section] must:
846-17 (1) be affiliated with a state or national
846-18 organization that authorizes, approves, or sanctions volunteer
846-19 charitable fundraising organizations;
846-20 (2) qualify for exemption under Section 501(c)(3),
846-21 Internal Revenue Code of 1986, as amended;
846-22 (3) be governed by a volunteer board of directors; and
846-23 (4) distribute contributions to at least five other
846-24 associations to be used for general charitable purposes, with all
846-25 recipients meeting the following criteria:
846-26 (A) be governed by a volunteer board of
846-27 directors;
847-1 (B) qualify for exemption under Section
847-2 501(c)(3), Internal Revenue Code of 1986, as amended;
847-3 (C) receive a majority of annual revenue from
847-4 private or corporate charitable gifts and government agencies; and
847-5 (D) provide services without regard to the
847-6 ability of persons receiving the services to pay for the services.
847-7 (h) Performance of noncharitable functions by a charitable
847-8 organization that owns or uses exempt property does not result in
847-9 loss of an exemption authorized by this section if those other
847-10 functions are incidental to the organization's charitable
847-11 functions. The division of responsibilities between an
847-12 organization that qualifies as a charitable organization under
847-13 Subsection (c) and another organization will not disqualify the
847-14 organizations or any property owned or used by either organization
847-15 from receiving an exemption under this section if the collaboration
847-16 furthers the provision of one or more of the charitable functions
847-17 described in Subsection (d) and if the other organization:
847-18 (1) is exempt from federal income taxation under
847-19 Section 501(a), Internal Revenue Code of 1986, as an organization
847-20 described by Section 501(c)(3) of that code;
847-21 (2) meets the criteria for a charitable organization
847-22 under Subsections (e) and (f); and
847-23 (3) is under common control with the charitable
847-24 organization described in this subsection.
847-25 (i) In this section, "building" includes the land that is
847-26 reasonably necessary for use of, access to, and ornamentation of
847-27 the building.
848-1 (j) The exemption of an organization preserving or
848-2 conserving wildlife is limited to land and improvements and may not
848-3 exceed 1,000 acres in any one county.
848-4 (k) In connection with a nursing home or retirement
848-5 community, for purposes of Subsection (d):
848-6 (1) "Assisted living services" means responsible adult
848-7 supervision of or assistance with routine living functions of an
848-8 individual in instances where the individual's condition
848-9 necessitates that supervision or assistance.
848-10 (2) "Charity care," "government-sponsored indigent
848-11 health care," and "net resident revenue" are determined in the same
848-12 manner for a retirement community or nursing home as for a hospital
848-13 under Section 11.1801(a)(2) [Subsection (d)(1)(B)].
848-14 (3) "Nursing care services" includes services provided
848-15 by nursing personnel, including patient observation, the promotion
848-16 and maintenance of health, prevention of illness or disability,
848-17 guidance and counseling to individuals and families, and referral
848-18 of patients to physicians, other health care providers, or
848-19 community resources if appropriate.
848-20 (4) "Retirement community" means a collection of
848-21 various types of housing that are under common ownership and
848-22 designed for habitation by individuals over the age of 62.
848-23 (5) "Single campus" means a facility designed to
848-24 provide multiple levels of retirement housing that is
848-25 geographically situated on a site at which all levels of housing
848-26 are contiguous to each other on a single property.
848-27 (l) A charitable organization described by Subsection (d)(3)
849-1 that provides support to elderly persons must engage primarily in
849-2 performing charitable functions described by Subsection (d)(3), but
849-3 may engage in other activities that support or are related to its
849-4 charitable functions.
849-5 (m) [(l)] A property may not be exempted under Subsection
849-6 (a)(2) for more than three years.
849-7 (n) [(m)] For purposes of Subsection (a)(2), an incomplete
849-8 improvement is under physical preparation if the charitable
849-9 organization has:
849-10 (1) engaged in architectural or engineering work, soil
849-11 testing, land clearing activities, or site improvement work
849-12 necessary for the construction of the improvement; or
849-13 (2) conducted an environmental or land use study
849-14 relating to the construction of the improvement.
849-15 Sec. 11.1801. CHARITY CARE AND COMMUNITY BENEFITS
849-16 REQUIREMENTS FOR CHARITABLE HOSPITAL. (a) To qualify as a
849-17 charitable organization under Section 11.18(d)(1), a nonprofit
849-18 hospital or hospital system must provide charity care and community
849-19 benefits as follows:
849-20 (1) charity care and government-sponsored indigent
849-21 health care must be provided at a level that is reasonable in
849-22 relation to the community needs, as determined through the
849-23 community needs assessment, the available resources of the hospital
849-24 or hospital system, and the tax-exempt benefits received by the
849-25 hospital or hospital system;
849-26 (2) charity care and government-sponsored indigent
849-27 health care must be provided in an amount equal to at least four
850-1 percent of the hospital's or hospital system's net patient revenue;
850-2 (3) charity care and government-sponsored indigent
850-3 health care must be provided in an amount equal to at least 100
850-4 percent of the hospital's or hospital system's tax-exempt benefits,
850-5 excluding federal income tax; or
850-6 (4) charity care and community benefits must be
850-7 provided in a combined amount equal to at least five percent of the
850-8 hospital's or hospital system's net patient revenue, provided that
850-9 charity care and government-sponsored indigent health care are
850-10 provided in an amount equal to at least four percent of net patient
850-11 revenue.
850-12 (b) A nonprofit hospital that has been designated as a
850-13 disproportionate share hospital under the state Medicaid program in
850-14 the current year or in either of the previous two fiscal years
850-15 shall be considered to have provided a reasonable amount of charity
850-16 care and government-sponsored indigent health care and is
850-17 considered to be in compliance with the standards in Subsection
850-18 (a).
850-19 (c) A hospital operated on a nonprofit basis that is located
850-20 in a county with a population of less than 50,000 and in which the
850-21 entire county or the population of the entire county has been
850-22 designated as a health professionals shortage area is considered to
850-23 be in compliance with the standards in Subsection (a).
850-24 (d) A hospital providing health care services to inpatients
850-25 or outpatients without receiving any payment for providing those
850-26 services from any source, including the patient or person legally
850-27 obligated to support the patient, third-party payors, Medicare,
851-1 Medicaid, or any other state or local indigent care program but
851-2 excluding charitable donations, legacies, bequests, or grants or
851-3 payments for research, is considered to be in compliance with the
851-4 standards in Subsection (a).
851-5 (e) For purposes of complying with Subsection (a)(4), a
851-6 hospital or hospital system may not change its existing fiscal year
851-7 unless the hospital or hospital system changes its ownership or
851-8 corporate structure as a result of a sale or merger.
851-9 (f) For purposes of this section, a hospital that complies
851-10 with Subsection (a)(1) or that is considered to be in compliance
851-11 with the standards in Subsection (a) under Subsection (b), (c), or
851-12 (d) shall be excluded in determining a hospital system's compliance
851-13 with the standards in Subsection (a)(2), (3), or (4).
851-14 (g) For purposes of this section, "charity care,"
851-15 "government-sponsored indigent health care," "health care
851-16 organization," "hospital system," "net patient revenue," "nonprofit
851-17 hospital," and "tax-exempt benefits" have the meanings assigned by
851-18 Sections 311.031 and 311.042, Health and Safety Code. A
851-19 determination of the amount of community benefits and charity care
851-20 and government-sponsored indigent health care provided by a
851-21 hospital or hospital system and the hospital's or hospital system's
851-22 compliance with Section 311.045, Health and Safety Code, shall be
851-23 based on the most recently completed and audited prior fiscal year
851-24 of the hospital or hospital system.
851-25 (h) The providing of charity care and government-sponsored
851-26 indigent health care in accordance with Subsection (a)(1) shall be
851-27 guided by the prudent business judgment of the hospital, which will
852-1 ultimately determine the appropriate level of charity care and
852-2 government-sponsored indigent health care based on the community
852-3 needs, the available resources of the hospital, the tax-exempt
852-4 benefits received by the hospital, and other factors that may be
852-5 unique to the hospital, such as the hospital's volume of Medicare
852-6 and Medicaid patients. These criteria shall not be determinative
852-7 factors, but shall be guidelines contributing to the hospital's
852-8 decision along with other factors that may be unique to the
852-9 hospital. The formulas in Subsections (a)(2), (3), and (4) shall
852-10 also not be considered determinative of a reasonable amount of
852-11 charity care and government-sponsored indigent health care.
852-12 (i) The requirements of this section shall not apply to the
852-13 extent a hospital or hospital system demonstrates that reductions
852-14 in the amount of community benefits, charity care, and
852-15 government-sponsored indigent health care are necessary to maintain
852-16 financial reserves at a level required by a bond covenant or are
852-17 necessary to prevent the hospital or hospital system from
852-18 endangering its ability to continue operations, or if the hospital
852-19 or hospital system, as a result of a natural or other disaster, is
852-20 required substantially to curtail its operations.
852-21 (j) In any fiscal year that a hospital or hospital system,
852-22 through unintended miscalculation, fails to meet any of the
852-23 standards in Subsection (a) or fails to be considered to be in
852-24 compliance with the standards in Subsection (a) under Subsection
852-25 (b), (c), or (d), the hospital or hospital system shall not lose
852-26 its tax-exempt status without the opportunity to cure the
852-27 miscalculation in the fiscal year following the fiscal year the
853-1 failure is discovered by both meeting one of the standards and
853-2 providing an additional amount of charity care and
853-3 government-sponsored indigent health care that is equal to the
853-4 shortfall from the previous fiscal year. A hospital or hospital
853-5 system may apply this provision only once every five years.
853-6 (b) The following statutes are repealed:
853-7 (1) Section 1, Chapter 138, Acts of the 76th
853-8 Legislature, Regular Session, 1999; and
853-9 (2) Chapters 266, 924, and 1443, Acts of the 76th
853-10 Legislature, Regular Session, 1999.
853-11 SECTION 18.002. Sections 11.22(a), (b), and (d), Tax Code,
853-12 are amended to conform to the amendment of Section 2, Article VIII,
853-13 Texas Constitution, by the constitutional amendment proposed by
853-14 H.J.R. No. 68, Acts of the 74th Legislature, Regular Session, 1995,
853-15 to read as follows:
853-16 (a) A disabled veteran is entitled to an exemption from
853-17 taxation of a portion of the assessed value of a property the
853-18 veteran [he] owns and designates as provided by Subsection (f) of
853-19 this section in accordance with the following schedule:
853-20 an exemption of for a disability rating of
853-21 up to: at least: but not greater than:
853-22 $5,000 [$1,500] of the 10% 30%
853-23 assessed value
853-24 7,500 [2,000] 31 50
853-25 10,000 [2,500] 51 70
853-26 12,000 [3,000] 71 and over
853-27 (b) A disabled veteran is entitled to an exemption from
854-1 taxation of $12,000 [$3,000] of the assessed value of a property
854-2 the veteran [he] owns and designates as provided by Subsection (f)
854-3 of this section if the veteran:
854-4 (1) is 65 years of age or older and has a disability
854-5 rating of at least 10 percent;
854-6 (2) is totally blind in one or both eyes; or
854-7 (3) has lost the use of one or more limbs.
854-8 (d) If an individual dies while on active duty as a member
854-9 of the armed services of the United States:
854-10 (1) the individual's surviving spouse is entitled to
854-11 an exemption from taxation of $5,000 [$2,500] of the assessed value
854-12 of the property the spouse owns and designates as provided by
854-13 Subsection (f) of this section; and
854-14 (2) each of the individual's surviving children who is
854-15 younger than 18 years of age and unmarried is entitled to an
854-16 exemption from taxation of a portion of the assessed value of a
854-17 property the child owns and designates as provided by Subsection
854-18 (f) of this section, the amount of exemption for each eligible
854-19 child to be computed by dividing $5,000 [$2,500] by the number of
854-20 eligible children.
854-21 SECTION 18.003. Section 11.26(l), Tax Code, is amended to
854-22 omit an unnecessary reference to read as follows:
854-23 (l) For purposes of the limitation on tax increases provided
854-24 by Subsection (g) [as added by this Act or by H.B. No. 4, Acts of
854-25 the 75th Legislature, Regular Session, 1997, as applicable], the
854-26 governing body of a school district in a county with a population
854-27 of fewer than 75,000 in a manner provided by law for official
855-1 action by the governing body may elect to apply the limitation
855-2 provided by Subsection (g) to the residence homestead of an
855-3 individual as if that subsection were in effect on January 1, 1993.
855-4 The governing body must make the election before January 1, 1999.
855-5 The election applies only to taxes imposed in a tax year that
855-6 begins after the tax year in which the election is made.
855-7 SECTION 18.004. Section 11.43(j), Tax Code, as added by
855-8 Chapter 194, Acts of the 75th Legislature, Regular Session, 1997,
855-9 is repealed because it is substantively duplicative of Section
855-10 11.43(j), Tax Code, as added by Chapter 1039, Acts of the 75th
855-11 Legislature, Regular Session, 1997.
855-12 SECTION 18.005. Section 34.015, Tax Code, as amended by
855-13 Chapters 181 and 817, Acts of the 76th Legislature, Regular
855-14 Session, 1999, is redesignated as Section 253.010, Local Government
855-15 Code, and is amended to conform to the changes made by those
855-16 chapters to read as follows:
855-17 Sec. 253.010. SALE OF REAL PROPERTY TO CERTAIN NONPROFIT OR
855-18 RELIGIOUS ORGANIZATIONS. (a) Notwithstanding any other provision
855-19 of law, the governing body of a municipality may provide for the
855-20 manner in which any land acquired by the municipality may be sold
855-21 if the land is sold to:
855-22 (1) a nonprofit organization that develops housing for
855-23 low-income individuals and families as a primary activity to
855-24 promote community-based revitalization of the municipality;
855-25 (2) a nonprofit corporation described by 26 U.S.C.
855-26 Section 501(c)(3) that:
855-27 (A) has been incorporated in this state for at
856-1 least one year;
856-2 (B) has a corporate purpose to develop
856-3 affordable housing that is stated in its articles of incorporation,
856-4 bylaws, or charter;
856-5 (C) has at least one-fourth of its board of
856-6 directors residing in the municipality; and
856-7 (D) engages primarily in the building, repair,
856-8 rental, or sale of housing for low-income individuals and families;
856-9 or
856-10 (3) a religious organization that:
856-11 (A) owns other property located in the
856-12 municipality that is exempt from taxation under Section 11.20, Tax
856-13 Code; and
856-14 (B) has entered into a written agreement with
856-15 the municipality regarding the revitalization of the land.
856-16 (b) A municipality operating under this section may by
856-17 ordinance determine the individuals and families who qualify as
856-18 low-income individuals and families under Subsection (a)(1) or (2).
856-19 In adopting an ordinance under this subsection, the municipality
856-20 shall consider median income of individuals and median family
856-21 income in the area.
856-22 SECTION 18.006. Section 33.43(a), Tax Code, is amended to
856-23 correct a reference to read as follows:
856-24 (a) A petition initiating a suit to collect a delinquent
856-25 property tax is sufficient if it alleges that:
856-26 (1) the taxing unit is legally constituted and
856-27 authorized to impose and collect ad valorem taxes on property;
857-1 (2) tax in a stated amount was legally imposed on each
857-2 separately described property for each year specified and on each
857-3 person named if known who owned the property on January 1 of the
857-4 year for which the tax was imposed;
857-5 (3) the tax was imposed in the county in which the
857-6 suit is filed;
857-7 (4) the tax is delinquent;
857-8 (5) penalties, interest, and costs authorized by law
857-9 in a stated amount for each separately assessed property are due;
857-10 (6) the taxing unit is entitled to recover each
857-11 penalty that is incurred and all interest that accrues on
857-12 delinquent taxes imposed on the property from the date of the
857-13 judgment to the date of the sale under Section 34.01 or under
857-14 Section 253.010, Local Government Code [34.015], as applicable, if
857-15 the suit seeks to foreclose a tax lien;
857-16 (7) the person sued owned the property on January 1 of
857-17 the year for which the tax was imposed if the suit seeks to enforce
857-18 personal liability;
857-19 (8) the person sued owns the property when the suit is
857-20 filed if the suit seeks to foreclose a tax lien;
857-21 (9) the taxing unit asserts a lien on each separately
857-22 described property to secure the payment of all taxes, penalties,
857-23 interest, and costs due if the suit seeks to foreclose a tax lien;
857-24 (10) all things required by law to be done have been
857-25 done properly by the appropriate officials; and
857-26 (11) the attorney signing the petition is legally
857-27 authorized to prosecute the suit on behalf of the taxing unit.
858-1 SECTION 18.007. Sections 34.04(a) and (d), Tax Code, as
858-2 amended by Chapters 1185 and 1481, Acts of the 76th Legislature,
858-3 Regular Session, 1999, are reenacted to read as follows:
858-4 (a) A person, including a taxing unit, may file a petition
858-5 in the court that ordered the seizure or sale setting forth a claim
858-6 to the excess proceeds. The petition must be filed before the
858-7 second anniversary of the date of the sale of the property. The
858-8 petition is not required to be filed as an original suit separate
858-9 from the underlying suit for seizure of the property or foreclosure
858-10 of a tax lien on the property but may be filed under the cause
858-11 number of the underlying suit.
858-12 (d) Interest or costs may not be allowed under this section.
858-13 SECTION 18.008. Section 151.0101(a), Tax Code, as amended by
858-14 Chapters 394 and 405, Acts of the 76th Legislature, Regular
858-15 Session, 1999, is amended to properly number subdivisions to read
858-16 as follows:
858-17 (a) "Taxable services" means:
858-18 (1) amusement services;
858-19 (2) cable television services;
858-20 (3) personal services;
858-21 (4) motor vehicle parking and storage services;
858-22 (5) the repair, remodeling, maintenance, and
858-23 restoration of tangible personal property, except:
858-24 (A) aircraft;
858-25 (B) a ship, boat, or other vessel, other than:
858-26 (i) a taxable boat or motor as defined by
858-27 Section 160.001;
859-1 (ii) a sports fishing boat; or
859-2 (iii) any other vessel used for pleasure;
859-3 (C) the repair, maintenance, and restoration of
859-4 a motor vehicle; and
859-5 (D) the repair, maintenance, creation, and
859-6 restoration of a computer program, including its development and
859-7 modification, not sold by the person performing the repair,
859-8 maintenance, creation, or restoration service;
859-9 (6) telecommunications services;
859-10 (7) credit reporting services;
859-11 (8) debt collection services;
859-12 (9) insurance services;
859-13 (10) information services;
859-14 (11) real property services;
859-15 (12) data processing services;
859-16 (13) real property repair and remodeling;
859-17 (14) security services;
859-18 (15) telephone answering services; [and]
859-19 (16) Internet access service; and [.]
859-20 (17) [(16)] a sale by a transmission and distribution
859-21 utility, as defined in Section 31.002, Utilities Code, of
859-22 transmission or delivery of service directly to an electricity
859-23 end-use customer whose consumption of electricity is subject to
859-24 taxation under this chapter.
859-25 SECTION 18.009. Section 151.313(a), Tax Code, as amended by
859-26 Chapters 394 and 683, Acts of the 76th Legislature, Regular
859-27 Session, 1999, is reenacted to read as follows:
860-1 (a) The following items are exempted from the taxes imposed
860-2 by this chapter:
860-3 (1) a drug or medicine, other than insulin, if
860-4 prescribed or dispensed for a human or animal by a licensed
860-5 practitioner of the healing arts;
860-6 (2) insulin;
860-7 (3) a drug or medicine, without regard to whether it
860-8 is prescribed or dispensed by a licensed practitioner of the
860-9 healing arts, that is labeled with a national drug code issued by
860-10 the federal Food and Drug Administration;
860-11 (4) a hypodermic syringe or needle;
860-12 (5) a brace; hearing aid or audio loop; orthopedic,
860-13 dental, or prosthetic device; ileostomy, colostomy, or ileal
860-14 bladder appliance; or supplies or replacement parts for the listed
860-15 items;
860-16 (6) a therapeutic appliance, device, and any related
860-17 supplies specifically designed for those products, if dispensed or
860-18 prescribed by a licensed practitioner of the healing arts, when
860-19 those items are purchased and used by an individual for whom the
860-20 items listed in this subdivision were dispensed or prescribed;
860-21 (7) corrective lens and necessary and related
860-22 supplies, if dispensed or prescribed by an ophthalmologist or
860-23 optometrist;
860-24 (8) specialized printing or signalling equipment used
860-25 by the deaf for the purpose of enabling the deaf to communicate
860-26 through the use of an ordinary telephone and all materials, paper,
860-27 and printing ribbons used in that equipment;
861-1 (9) a braille wristwatch, braille writer, braille
861-2 paper and braille electronic equipment that connects to computer
861-3 equipment, and the necessary adaptive devices and adaptive computer
861-4 software;
861-5 (10) each of the following items if purchased for use
861-6 by the blind to enable them to function more independently: a
861-7 slate and stylus, print enlarger, light probe, magnifier, white
861-8 cane, talking clock, large print terminal, talking terminal, or
861-9 harness for guide dog;
861-10 (11) hospital beds;
861-11 (12) blood glucose monitoring test strips; and
861-12 (13) an adjustable eating utensil used to facilitate
861-13 independent eating if purchased for use by a person, including a
861-14 person who is elderly or physically disabled, has had a stroke, or
861-15 is a burn victim, who does not have full use or control of the
861-16 person's hands or arms.
861-17 SECTION 18.010. Section 151.429(g), Tax Code, as amended by
861-18 Chapters 1121 and 1467, Acts of the 76th Legislature, Regular
861-19 Session, 1999, is reenacted to read as follows:
861-20 (g) The refund provided by this section is conditioned on
861-21 the enterprise project maintaining at least the same level of
861-22 employment of qualified employees as existed at the time it
861-23 qualified for a refund for a period of three years from that date.
861-24 The Texas Department of Economic Development shall annually certify
861-25 to the comptroller whether that level of employment of qualified
861-26 employees has been maintained. On the Texas Department of Economic
861-27 Development certifying that such a level has not been maintained,
862-1 the comptroller shall assess that portion of the refund
862-2 attributable to any such decrease in employment, including penalty
862-3 and interest from the date of the refund.
862-4 SECTION 18.011. Section 156.102(b), Tax Code, as amended by
862-5 Chapters 1359 and 1467, Acts of the 76th Legislature, Regular
862-6 Session, 1999, is reenacted to read as follows:
862-7 (b) For purposes of this section:
862-8 (1) a corporation or association that is organized and
862-9 operated exclusively for the cleaning of beaches and that has no
862-10 part of its net earnings inure to the benefit of a private
862-11 shareholder or individual is organized and operated exclusively for
862-12 a charitable purpose; and
862-13 (2) a public or private institution of higher
862-14 education is organized and operated exclusively for an educational
862-15 purpose only if the institution is defined as an institution of
862-16 higher education or as a Texas private or independent institution
862-17 of higher education under any subdivision of Section 61.003,
862-18 Education Code.
862-19 ARTICLE 19. CHANGES RELATING TO TRANSPORTATION CODE
862-20 SECTION 19.001. (a) Subtitle A, Title 4, Transportation
862-21 Code, is amended to codify Article 9006, Revised Statutes, by
862-22 adding Chapter 60 to read as follows:
862-23 CHAPTER 60. MISCELLANEOUS PROVISIONS
862-24 Sec. 60.001. THROWING BALLAST. (a) A master or officer in
862-25 charge of a vessel commits an offense if any part of the ballast of
862-26 the vessel is thrown from the vessel into the sea within six miles
862-27 of a bar or harbor in this state.
863-1 (b) An offense under this section is a misdemeanor
863-2 punishable by a fine of not less than $100 or more than $200.
863-3 (b) Article 9006, Revised Statutes, is repealed.
863-4 SECTION 19.002. (a) Subchapter B, Chapter 225,
863-5 Transportation Code, is amended to codify Chapter 812, Acts of the
863-6 75th Legislature, Regular Session, 1997, by adding Section 225.044
863-7 to read as follows:
863-8 Sec. 225.044. SERGIO GONZALEZ, JR., AND ALFREDO GUTIERREZ,
863-9 JR., M.D., LOOP. (a) Spur 239 in Val Verde County is designated as
863-10 the Sergio Gonzalez, Jr., and Alfredo Gutierrez, Jr., M.D., Loop.
863-11 (b) The department shall design and construct markers to be
863-12 placed along Loop 239 in Val Verde County indicating the highway
863-13 number, the designation as the Sergio Gonzalez, Jr., and Alfredo
863-14 Gutierrez, Jr., M.D., Loop, and any other appropriate information.
863-15 (c) The department shall erect a marker at each end of the
863-16 loop and at intermediate sites along the loop that the department
863-17 determines are appropriate.
863-18 (b) Chapter 812, Acts of the 75th Legislature, Regular
863-19 Session, 1997, is repealed.
863-20 SECTION 19.003. (a) Chapter 257, Transportation Code, is
863-21 amended to codify Article 726a, Revised Statutes, by adding
863-22 Subchapter Z to read as follows:
863-23 SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
863-24 Sec. 257.901. LAND DEVELOPMENT IN ROAD DISTRICT WITH
863-25 OUTSTANDING INDEBTEDNESS. (a) In this section:
863-26 (1) "Affected area" means the area:
863-27 (A) of an assessment road district; and
864-1 (B) within 1,500 feet of the boundary of an
864-2 assessment road district.
864-3 (2) "Assessment road district" means a road district
864-4 that has refinanced outstanding bonded indebtedness under
864-5 Subchapter C, Chapter 1471, Government Code.
864-6 (3) "Land development" means any action necessary or
864-7 customary in connection with the construction of improvements on
864-8 real property.
864-9 (4) "Regulation" means any ordinance, rule,
864-10 regulation, or application or interpretation of an ordinance, rule,
864-11 regulation, or application.
864-12 (b) After March 9, 1999, a political subdivision shall pay
864-13 the outstanding bonded indebtedness of an assessment road district
864-14 if the political subdivision changes regulations regarding land
864-15 development that apply to more than 20 percent of the land in the
864-16 assessment road district in a manner that reduces:
864-17 (1) the amount of impervious cover, as defined in the
864-18 regulations; or
864-19 (2) the total allowable floor area of a building on
864-20 developed land.
864-21 (c) Subsection (b) does not apply to an affected land owner
864-22 who agrees in writing to the regulation.
864-23 (d) On request of a person who owns land in an affected
864-24 area, the governing body of an assessment road district by
864-25 resolution may annex any part of the person's land that is within
864-26 two miles of the district's boundaries.
864-27 (e) After annexation of the land under this section, the
865-1 governing body of the district shall reapportion the remaining
865-2 assessment on the owner's land on a per acre basis for all of the
865-3 owner's land in the district.
865-4 (f) Chapter 245, Local Government Code, controls to the
865-5 extent of any conflict with this section.
865-6 (g) This section expires March 10, 2019.
865-7 (b) Article 726a, Revised Statutes, is repealed.
865-8 SECTION 19.004. Section 201.605, Transportation Code, is
865-9 repealed to conform with the repeal of the law from which it was
865-10 derived by Chapter 876, Acts of the 74th Legislature, Regular
865-11 Session, 1995.
865-12 SECTION 19.005. Section 472.022(e)(2), Transportation Code,
865-13 as amended by Chapters 789 and 965, Acts of the 76th Legislature,
865-14 Regular Session, 1999, is reenacted and amended to read as follows:
865-15 (2) "Construction or maintenance work zone" means a
865-16 portion of a highway or street:
865-17 (A) where highway construction or maintenance is
865-18 being undertaken, other than mobile operations as defined by the
865-19 Texas Manual on Uniform Traffic Control Devices; and
865-20 (B) that is marked by signs:
865-21 (i) indicating that it is a construction
865-22 or maintenance work zone;
865-23 (ii) indicating where the zone begins and
865-24 ends; and
865-25 (iii) stating: "Fines double when workers
865-26 present."
865-27 SECTION 19.006. Section 548.052, Transportation Code, as
866-1 amended by Chapters 963 and 1423, Acts of the 76th Legislature,
866-2 Regular Session, 1999, is amended to properly number subdivisions
866-3 to read as follows:
866-4 Sec. 548.052. VEHICLES NOT SUBJECT TO INSPECTION. This
866-5 chapter does not apply to:
866-6 (1) a trailer, semitrailer, pole trailer, or mobile
866-7 home moving under or bearing a current factory-delivery license
866-8 plate or current in-transit license plate;
866-9 (2) a vehicle moving under or bearing a paper dealer
866-10 in-transit tag, machinery license, disaster license, parade
866-11 license, prorate tab, one-trip permit, antique license, temporary
866-12 24-hour permit, or permit license;
866-13 (3) a trailer, semitrailer, pole trailer, or mobile
866-14 home having an actual gross weight or registered gross weight of
866-15 4,500 pounds or less;
866-16 (4) farm machinery, road-building equipment, a farm
866-17 trailer, or a vehicle required to display a slow-moving-vehicle
866-18 emblem under Section 547.703;
866-19 (5) a former military vehicle, as defined by Section
866-20 502.275; [or]
866-21 (6) a vehicle qualified for a tax exemption under
866-22 Section 152.092, Tax Code; or [.]
866-23 (7) [(6)] a vehicle for which a certificate of title
866-24 has been issued but that is not required to be registered.
866-25 SECTION 19.0065. Section 621.206, Transportation Code, is
866-26 amended to correctly letter subsections to read as follows:
866-27 Sec. 621.206. MAXIMUM EXTENDED LENGTH OF LOAD. (a) A
867-1 vehicle or combination of vehicles may not carry a load that
867-2 extends more than three feet beyond its front or, except as
867-3 permitted by other law, more than four feet beyond its rear.
867-4 (b) [(c)] Subsection (a) does not apply to vehicles
867-5 collecting garbage, rubbish, refuse, or recyclable materials which
867-6 are equipped with front-end loading attachments and containers
867-7 provided that the vehicle is actively engaged in the collection of
867-8 garbage, rubbish, refuse, or recyclable materials.
867-9 SECTION 19.007. Section 681.008, Transportation Code, as
867-10 amended by Chapters 738, 1195, and 1362, Acts of the 76th
867-11 Legislature, Regular Session, 1999, is reenacted and amended to
867-12 read as follows:
867-13 Sec. 681.008. PARKING PRIVILEGES: CERTAIN VETERANS. (a) A
867-14 vehicle may be parked for an unlimited period in a parking space or
867-15 area that is designated specifically for persons with physical
867-16 disabilities if:
867-17 (1) the vehicle is being operated by or for the
867-18 transportation of:
867-19 (A) the person who registered the vehicle under
867-20 Section 502.254(a); or
867-21 (B) a person described by Section 502.254(b) if
867-22 the vehicle is registered under that subsection; and
867-23 (2) there are displayed on the vehicle special license
867-24 plates issued under Section 502.254.
867-25 (b) A vehicle on which license plates issued under Section
867-26 502.254, 502.255, 502.257, 502.259, or 502.260 are displayed is
867-27 exempt from the payment of a parking fee collected through a
868-1 parking meter charged by a governmental authority other than a
868-2 branch of the federal government, when being operated by or for the
868-3 transportation of:
868-4 (1) the person who registered the vehicle under
868-5 Section 502.254(a), 502.255, 502.257, 502.259, or 502.260; or
868-6 (2) a person described in Section 502.254(b) if the
868-7 vehicle is registered under that subsection.
868-8 (c) This section does not permit a vehicle to be parked at a
868-9 time when or a place where parking is prohibited.
868-10 (d) [(b)] A governmental unit may provide by ordinance or
868-11 order that the exemption provided by Subsection (b) [(a)] also
868-12 applies to payment of a fee or penalty imposed by the governmental
868-13 unit for parking in a parking garage or lot or in a space with a
868-14 limitation on the length of time for parking.
868-15 SECTION 19.008. Section 684.001(5), Transportation Code, is
868-16 amended to correct a reference to read as follows:
868-17 (5) "Towing company" means a person operating a tow
868-18 truck registered under Chapter 643 [1135, Acts of the 70th
868-19 Legislature, Regular Session, 1987 (Article 6687-9b, Vernon's Texas
868-20 Civil Statutes)]. The term includes the owner, operator, employee,
868-21 or agent of a towing company, but does not include a political
868-22 subdivision of the state.
868-23 ARTICLE 20. CHANGES RELATING TO UTILITIES CODE
868-24 SECTION 20.001. Section 39.901(e), Utilities Code, is amended
868-25 to correct a reference to read as follows:
868-26 (e) Not later than May 1 of each year, the commission shall
868-27 transfer from the system benefit fund to the foundation school fund
869-1 the amounts determined by the Texas Education Agency under
869-2 Subsections (b) and (c). If in any year the system benefit fund is
869-3 insufficient to make the transfer designated by the Texas Education
869-4 Agency, the shortfall shall be included in the projected revenue
869-5 requirement for the system benefit fund the next time the
869-6 commission sets the fee under Section 39.903, and the shortfall
869-7 amount shall be transfered to the Foundation School Program the
869-8 following year. Amounts transferred from the system benefit fund
869-9 under this section may be appropriated only for the support of the
869-10 Foundation School Program and are available, in addition to any
869-11 amounts allocated by the General Appropriations Act, to finance
869-12 actions under Section 41.002(b) or 42.2521 [42.252(e)], Education
869-13 Code.
869-14 SECTION 20.002. Section 55.203(f), Utilities Code, is amended
869-15 to correct a reference to read as follows:
869-16 (f) The General Services Commission shall cooperate with the
869-17 commission and with publishers to ensure that the subject matter
869-18 listing of programs and telephone numbers in the telephone
869-19 directories are consistent with the categorization developed by the
869-20 Records Management Interagency Coordinating Council under Section
869-21 441.203(j) [441.053], Government Code.
869-22 ARTICLE 21. RENUMBERING
869-23 SECTION 21.001. The following provisions of enacted codes are
869-24 renumbered or relettered and appropriate cross-references are
869-25 changed to eliminate duplicate citations or to relocate misplaced
869-26 provisions:
869-27 (1) Chapter 46, Agriculture Code, as added by Chapter
870-1 975, Acts of the 76th Legislature, Regular Session, 1999, is
870-2 renumbered as Chapter 48, Agriculture Code, and Sections 46.001,
870-3 46.002, 46.003, 46.004, and 46.005, Agriculture Code, as added by
870-4 that Act, are renumbered as Sections 48.001, 48.002, 48.003,
870-5 48.004, and 48.005, Agriculture Code, respectively.
870-6 (2) Chapter 46, Agriculture Code, as added by Chapter
870-7 1459, Acts of the 76th Legislature, Regular Session, 1999, is
870-8 renumbered as Chapter 49, Agriculture Code, and Sections 46.001,
870-9 46.002, 46.003, 46.004, 46.005, and 46.006, Agriculture Code, as
870-10 added by that Act, are renumbered as Sections 49.001, 49.002,
870-11 49.003, 49.004, 49.005, and 49.006, Agriculture Code, respectively.
870-12 (3) Chapter 46, Agriculture Code, as added by Chapter
870-13 1074, Acts of the 76th Legislature, Regular Session, 1999, is
870-14 renumbered as Chapter 50, Agriculture Code, and Sections 46.001,
870-15 46.002, 46.003, and 46.004, Agriculture Code, as added by that Act,
870-16 are renumbered as Sections 50.001, 50.002, 50.003, and 50.004,
870-17 Agriculture Code, respectively.
870-18 (4) Section 11.72, Alcoholic Beverage Code, as added
870-19 by Chapter 577, Acts of the 76th Legislature, Regular Session,
870-20 1999, is renumbered as Section 11.73, Alcoholic Beverage Code.
870-21 (5) Section 61.86, Alcoholic Beverage Code, as added
870-22 by Chapter 577, Acts of the 76th Legislature, Regular Session,
870-23 1999, is renumbered as Section 61.87, Alcoholic Beverage Code.
870-24 (6) Subsection (e), Section 154.073, Civil Practice
870-25 and Remedies Code, as added by Chapter 1150, Acts of the 76th
870-26 Legislature, Regular Session, 1999, is relettered as Subsection
870-27 (f), Section 154.073, Civil Practice and Remedies Code.
871-1 (7) Subsection (d), Article 2.122, Code of Criminal
871-2 Procedure, as added by Chapter 197, Acts of the 76th Legislature,
871-3 Regular Session, 1999, is relettered as Subsection (e), Article
871-4 2.122, Code of Criminal Procedure.
871-5 (8) Subsection (h), Article 26.13, Code of Criminal
871-6 Procedure, as added by Chapter 425, Acts of the 76th Legislature,
871-7 Regular Session, 1999, is relettered as Subsection (i), Article
871-8 26.13, Code of Criminal Procedure.
871-9 (9) Article 42.015, Code of Criminal Procedure, as
871-10 added by Chapter 417, Acts of the 76th Legislature, Regular
871-11 Session, 1999, is renumbered as Article 42.012, Code of Criminal
871-12 Procedure.
871-13 (10) Subsection (e), Section 5, Article 42.12, Code of
871-14 Criminal Procedure, as added by Chapter 580, Acts of the 76th
871-15 Legislature, Regular Session, 1999, is relettered as Subsection
871-16 (f), Section 5, Article 42.12, Code of Criminal Procedure.
871-17 (11) Subsection (g), Section 11, Article 42.12, Code
871-18 of Criminal Procedure, as added by Chapter 27, Acts of the 76th
871-19 Legislature, Regular Session, 1999, is relettered as Subsection
871-20 (h), Section 11, Article 42.12, Code of Criminal Procedure.
871-21 (12) Subsection (f), Article 45.012, Code of Criminal
871-22 Procedure, as added by Chapter 701, Acts of the 76th Legislature,
871-23 Regular Session, 1999, is relettered as Subsection (h), Article
871-24 45.012, Code of Criminal Procedure.
871-25 (13) Article 46.04, Code of Criminal Procedure, as
871-26 added by Chapter 654, Acts of the 76th Legislature, Regular
871-27 Session, 1999, is renumbered as Article 46.05, Code of Criminal
872-1 Procedure.
872-2 (14) Article 61.07, Code of Criminal Procedure, as
872-3 added by Chapter 492, Acts of the 76th Legislature, Regular
872-4 Session, 1999, is renumbered as Article 61.10, Code of Criminal
872-5 Procedure.
872-6 (15) Article 61.08, Code of Criminal Procedure, as
872-7 added by Chapter 491, Acts of the 76th Legislature, Regular
872-8 Session, 1999, is renumbered as Article 61.11, Code of Criminal
872-9 Procedure.
872-10 (16) Subchapter K, Chapter 21, Education Code, as
872-11 added by Chapter 1590, Acts of the 76th Legislature, Regular
872-12 Session, 1999, is relettered as Subchapter L, Chapter 21, Education
872-13 Code, and Sections 21.501, 21.502, and 21.503, Education Code, as
872-14 added by that Act, are renumbered as Sections 21.551, 21.552, and
872-15 21.553, Education Code, respectively.
872-16 (17) Section 29.155, Education Code, as added by
872-17 Chapter 402, Acts of the 76th Legislature, Regular Session, 1999,
872-18 is renumbered as Section 29.157, Education Code.
872-19 (18) Section 51.946, Education Code, as added by
872-20 Chapter 307, Acts of the 76th Legislature, Regular Session, 1999,
872-21 is renumbered as Section 51.947, Education Code.
872-22 (19) Section 51.946, Education Code, as added by
872-23 Chapter 533, Acts of the 76th Legislature, Regular Session, 1999,
872-24 is renumbered as Section 51.948, Education Code.
872-25 (20) Section 54.010, Education Code, as added by
872-26 Chapter 1558, Acts of the 76th Legislature, Regular Session, 1999,
872-27 is renumbered as Section 54.011, Education Code.
873-1 (21) Section 61.086, Education Code, as added by
873-2 Chapter 1010, Acts of the 76th Legislature, Regular Session, 1999,
873-3 is renumbered as Section 61.087, Education Code.
873-4 (22) Subchapter T, Chapter 61, Education Code, as
873-5 added by Chapter 833, Acts of the 76th Legislature, Regular
873-6 Session, 1999, is relettered as Subchapter U, Chapter 61, Education
873-7 Code.
873-8 (23) Subchapter T, Chapter 61, Education Code, as
873-9 added by Chapter 1480, Acts of the 76th Legislature, Regular
873-10 Session, 1999, is relettered as Subchapter V, Chapter 61, Education
873-11 Code.
873-12 (24) Subchapter T, Chapter 61, Education Code, as
873-13 added by Chapter 1243, Acts of the 76th Legislature, Regular
873-14 Session, 1999, is relettered as Subchapter W, Chapter 61, Education
873-15 Code, and Sections 61.851, 61.852, 61.853, 61.854, 61.855, 61.856,
873-16 61.857, 61.858, 61.859, 61.860, 61.861, 61.862, and 61.863,
873-17 Education Code, as added by that Act, are renumbered as Sections
873-18 61.921, 61.922, 61.923, 61.924, 61.925, 61.926, 61.927, 61.928,
873-19 61.929, 61.930, 61.931, 61.932, and 61.933, Education Code,
873-20 respectively.
873-21 (25) Section 87.207, Education Code, as added by
873-22 Chapter 1305, Acts of the 76th Legislature, Regular Session, 1999,
873-23 is renumbered as Section 87.208, Education Code.
873-24 (26) Section 130.010, Education Code, as added by
873-25 Chapter 1549, Acts of the 76th Legislature, Regular Session, 1999,
873-26 is renumbered as Section 130.0101, Education Code.
873-27 (27) Chapter 151, Education Code, as added by Chapter
874-1 1311, Acts of the 76th Legislature, Regular Session, 1999, is
874-2 renumbered as Chapter 152, Education Code, and Sections 151.001,
874-3 151.002, 151.003, 151.004, 151.005, and 151.006, Education Code, as
874-4 added by that Act, are renumbered as Sections 152.001, 152.002,
874-5 152.003, 152.004, 152.005, and 152.006, Education Code,
874-6 respectively.
874-7 (28) Chapter 151, Education Code, as added by Chapter
874-8 1381, Acts of the 76th Legislature, Regular Session, 1999, is
874-9 renumbered as Chapter 153, Education Code, and Sections 151.001,
874-10 151.002, 151.003, 151.004, 151.005, 151.006, 151.007, and 151.008,
874-11 Education Code, as added by that Act, are renumbered as Sections
874-12 153.001, 153.002, 153.003, 153.004, 153.005, 153.006, 153.007, and
874-13 153.008, Education Code, respectively.
874-14 (29) Subsection (d), Section 51.095, Family Code, as
874-15 added by Chapter 1477, Acts of the 76th Legislature, Regular
874-16 Session, 1999, is relettered as Subsection (e), Section 51.095,
874-17 Family Code.
874-18 (30) Subsection (p), Section 54.01, Family Code, as
874-19 added by Chapter 1477, Acts of the 76th Legislature, Regular
874-20 Session, 1999, is relettered as Subsection (q), Section 54.01,
874-21 Family Code.
874-22 (31) Section 201.1065, Family Code, as added by
874-23 Chapter 556, Acts of the 76th Legislature, Regular Session, 1999,
874-24 is renumbered as Section 201.1066, Family Code.
874-25 (32) Section 231.011, Family Code, as added by Chapter
874-26 228, Acts of the 76th Legislature, Regular Session, 1999, is
874-27 renumbered as Section 231.015, Family Code.
875-1 (33) Section 234.006, Family Code, as added by Chapter
875-2 1072, Acts of the 76th Legislature, Regular Session, 1999, is
875-3 renumbered as Section 234.010, Family Code.
875-4 (34) Section 234.007, Family Code, as added by Chapter
875-5 1072, Acts of the 76th Legislature, Regular Session, 1999, is
875-6 renumbered as Section 234.011, Family Code.
875-7 (35) Section 301.033, Government Code, as added by
875-8 Chapter 377, Acts of the 76th Legislature, Regular Session, 1999,
875-9 is renumbered as Section 301.034, Government Code.
875-10 (36) Subchapter C, Chapter 401, Government Code, as
875-11 added by Chapter 952, Acts of the 73rd Legislature, Regular
875-12 Session, 1993, is relettered as Subchapter F, Chapter 401,
875-13 Government Code, and Sections 401.031 and 401.032, Government Code,
875-14 as added by that Act, and 401.033, Government Code, as added by
875-15 Chapter 520, Acts of the 76th Legislature, Regular Session, 1999,
875-16 are renumbered as Sections 401.101, 401.102, and 401.103,
875-17 Government Code, respectively.
875-18 (37) Subsection (h), Section 403.055, Government Code,
875-19 as added by Chapter 583, Acts of the 76th Legislature, Regular
875-20 Session, 1999, is relettered as Subsection (l), Section 403.055,
875-21 Government Code.
875-22 (38) Subchapter N, Chapter 403, Government Code, as
875-23 added by Chapter 1485, Acts of the 76th Legislature, Regular
875-24 Session, 1999, is relettered as Subchapter O, Chapter 403,
875-25 Government Code.
875-26 (39) Section 411.0098, Government Code, as added by
875-27 Chapter 150, Acts of the 76th Legislature, Regular Session, 1999,
876-1 is renumbered as Section 411.0091, Government Code.
876-2 (40) Subsection (b), Section 411.088, Government Code,
876-3 as added by Chapter 1024, Acts of the 76th Legislature, Regular
876-4 Session, 1999, is relettered as Subsection (c), Section 411.088,
876-5 Government Code.
876-6 (41) Section 443.015, Government Code, as added by
876-7 Chapter 1141, Acts of the 75th Legislature, Regular Session, 1997,
876-8 is renumbered as Section 443.0152, Government Code.
876-9 (42) Section 493.023, Government Code, as added by
876-10 Chapter 399, Acts of the 76th Legislature, Regular Session, 1999,
876-11 is renumbered as Section 493.024, Government Code.
876-12 (43) Section 493.023, Government Code, as added by
876-13 Chapter 541, Acts of the 76th Legislature, Regular Session, 1999,
876-14 is renumbered as Section 493.025, Government Code.
876-15 (44) Section 497.011, Government Code, as added by
876-16 Chapter 419, Acts of the 76th Legislature, Regular Session, 1999,
876-17 is renumbered as Section 497.012, Government Code.
876-18 (45) Section 508.225, Government Code, as added by
876-19 Chapter 62, Acts of the 76th Legislature, Regular Session, 1999, is
876-20 renumbered as Section 508.226, Government Code.
876-21 (46) Section 531.051, Government Code, as added by
876-22 Chapter 1013, Acts of the 76th Legislature, Regular Session, 1999,
876-23 is renumbered as Section 531.053, Government Code.
876-24 (47) Section 531.052, Government Code, as added by
876-25 Chapter 1013, Acts of the 76th Legislature, Regular Session, 1999,
876-26 is renumbered as Section 531.054, Government Code.
876-27 (48) Subchapter G, Chapter 531, Government Code, as
877-1 added by Chapter 446, Acts of the 76th Legislature, Regular
877-2 Session, 1999, is relettered as Subchapter H, Chapter 531,
877-3 Government Code.
877-4 (49) Section 551.086, Government Code, as added by
877-5 Chapter 1319, Acts of the 76th Legislature, Regular Session, 1999,
877-6 is renumbered as Section 551.087, Government Code.
877-7 (50) Section 551.086, Government Code, as added by
877-8 Chapter 312, Acts of the 76th Legislature, Regular Session, 1999,
877-9 is renumbered as Section 551.088, Government Code.
877-10 (51) Section 552.0035, Government Code, as added by
877-11 Chapter 1084, Acts of the 76th Legislature, Regular Session, 1999,
877-12 is renumbered as Section 552.0036, Government Code.
877-13 (52) Section 552.131, Government Code, as added by
877-14 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
877-15 is renumbered as Section 552.133, Government Code.
877-16 (53) Section 552.131, Government Code, as added by
877-17 Chapter 783, Acts of the 76th Legislature, Regular Session, 1999,
877-18 is renumbered as Section 552.134, Government Code.
877-19 (54) Section 552.131, Government Code, as added by
877-20 Chapter 1335, Acts of the 76th Legislature, Regular Session, 1999,
877-21 is renumbered as Section 552.135, Government Code.
877-22 (55) Chapter 618, Government Code, as added by Chapter
877-23 1174, Acts of the 76th Legislature, Regular Session, 1999, is
877-24 transferred to Subtitle B, Title 6, Government Code, and renumbered
877-25 as Chapter 669, Government Code, and Sections 618.001, 618.002,
877-26 618.003, and 618.004, Government Code, as added by that Act, are
877-27 renumbered as Sections 669.001, 669.002, 669.003, and 669.004,
878-1 Government Code, respectively.
878-2 (56) Section 651.005, Government Code, as added by
878-3 Chapter 279, Acts of the 76th Legislature, Regular Session, 1999,
878-4 is renumbered as Section 651.006, Government Code.
878-5 (57) Subchapter H, Chapter 659, Government Code, as
878-6 added by Chapter 76, Acts of the 74th Legislature, Regular Session,
878-7 1995, is relettered as Subchapter I, Chapter 659, Government Code.
878-8 (58) Section 662.046, Government Code, as added by
878-9 Chapter 502, Acts of the 76th Legislature, Regular Session, 1999,
878-10 and Section 662.050, Government Code, as added by Chapter 1453,
878-11 Acts of the 76th Legislature, Regular Session, 1999, are renumbered
878-12 as Section 662.047, Government Code.
878-13 (59) Chapter 666, Government Code, as added by Chapter
878-14 279, Acts of the 76th Legislature, Regular Session, 1999, is
878-15 renumbered as Chapter 667, Government Code, and Sections 666.001,
878-16 666.002, 666.003, 666.004, 666.005, 666.006, 666.007, 666.008, and
878-17 666.009, Government Code, as added by that Act, are renumbered as
878-18 Sections 667.001, 667.002, 667.003, 667.004, 667.005, 667.006,
878-19 667.007, 667.008, and 667.009, Government Code, respectively.
878-20 (60) Chapter 666, Government Code, as added by Chapter
878-21 1178, Acts of the 76th Legislature, Regular Session, 1999, is
878-22 renumbered as Chapter 668, Government Code, and Sections 666.001
878-23 and 666.002, Government Code, as added by that Act, are renumbered
878-24 as Sections 668.001 and 668.002, Government Code, respectively.
878-25 (61) Section 813.511, Government Code, as added by
878-26 Chapter 226, Acts of the 76th Legislature, Regular Session, 1999,
878-27 is renumbered as Section 813.512, Government Code.
879-1 (62) (reserved for expansion)
879-2 (63) Section 2001.006, Government Code, as added by
879-3 Chapter 1233, Acts of the 76th Legislature, Regular Session, 1999,
879-4 is renumbered as Section 2001.007, Government Code.
879-5 (64) Section 2001.039, Government Code, as added by
879-6 Chapter 558, Acts of the 76th Legislature, Regular Session, 1999,
879-7 is renumbered as Section 2001.040, Government Code.
879-8 (65) Subsection (e), Section 2003.021, Government
879-9 Code, as added by Chapter 85, Acts of the 76th Legislature, Regular
879-10 Session, 1999, is relettered as Subsection (f), Section 2003.021,
879-11 Government Code.
879-12 (66) Section 2054.121, Government Code, as added by
879-13 Chapter 860, Acts of the 76th Legislature, Regular Session, 1999,
879-14 is renumbered as Section 2054.123, Government Code.
879-15 (67) Section 2054.122, Government Code, as added by
879-16 Chapter 860, Acts of the 76th Legislature, Regular Session, 1999,
879-17 is renumbered as Section 2054.124, Government Code.
879-18 (68) Section 2054.121, Government Code, as added by
879-19 Chapter 1233, Acts of the 76th Legislature, Regular Session, 1999,
879-20 is renumbered as Section 2054.125, Government Code.
879-21 (69) Section 2054.121, Government Code, as added by
879-22 Chapter 1573, Acts of the 76th Legislature, Regular Session, 1999,
879-23 is renumbered as Section 2054.126, Government Code.
879-24 (70) Chapter 2113, Government Code, as added by
879-25 Chapter 1554, Acts of the 76th Legislature, Regular Session, 1999,
879-26 is renumbered as Chapter 2114, Government Code, and Sections
879-27 2113.001, 2113.002, 2113.003, 2113.004, 2113.005, 2113.006, and
880-1 2113.007, Government Code, as added by that Act, are renumbered as
880-2 Sections 2114.001, 2114.002, 2114.003, 2114.004, 2114.005,
880-3 2114.006, and 2114.007, Government Code, respectively.
880-4 (71) Chapter 2259, Government Code, as added by
880-5 Chapter 1498, Acts of the 76th Legislature, Regular Session, 1999,
880-6 is renumbered as Chapter 2261, Government Code, and Sections
880-7 2259.001, 2259.002, 2259.003, 2259.051, 2259.052, 2259.101,
880-8 2259.102, 2259.151, 2259.201, 2259.202, and 2259.203, Government
880-9 Code, as added by that Act, are renumbered as Sections 2261.001,
880-10 2261.002, 2261.003, 2261.051, 2261.052, 2261.101, 2261.102,
880-11 2261.151, 2261.201, 2261.202, and 2261.203, Government Code,
880-12 respectively.
880-13 (72) Chapter 46, Health and Safety Code, as added by
880-14 Chapter 857, Acts of the 76th Legislature, Regular Session, 1999,
880-15 is renumbered as Chapter 48, Health and Safety Code, and Sections
880-16 46.001, 46.002, and 46.003, Health and Safety Code, as added by
880-17 that Act, are renumbered as Sections 48.001, 48.002, and 48.003,
880-18 Health and Safety Code, respectively.
880-19 (73) Chapter 46, Health and Safety Code, as added by
880-20 Chapter 1516, Acts of the 76th Legislature, Regular Session, 1999,
880-21 is renumbered as Chapter 49, Health and Safety Code, and Section
880-22 46.001, Health and Safety Code, as added by that Act, is renumbered
880-23 as Section 49.001, Health and Safety Code.
880-24 (74) Chapter 93, Health and Safety Code, as added by
880-25 Chapter 823, Acts of the 76th Legislature, Regular Session, 1999,
880-26 is renumbered as Chapter 94, Health and Safety Code, and Sections
880-27 93.001, 93.002, and 93.003, Health and Safety Code, as added by
881-1 that Act, are renumbered as Sections 94.001, 94.002, and 94.003,
881-2 Health and Safety Code, respectively.
881-3 (75) Chapter 166, Health and Safety Code, as added by
881-4 Chapter 642, Acts of the 76th Legislature, Regular Session, 1999,
881-5 is renumbered as Chapter 167, Health and Safety Code, and Section
881-6 166.001, Health and Safety Code, as added by that Act, is
881-7 renumbered as Section 167.001, Health and Safety Code.
881-8 (76) Subtitle E, Title 5, Health and Safety Code, as
881-9 amended by Chapter 713, Acts of the 76th Legislature, Regular
881-10 Session, 1999, is relettered as Subtitle F, Title 5, Health and
881-11 Safety Code.
881-12 (77) Chapter 421, Health and Safety Code, as added by
881-13 Chapter 713, Acts of the 76th Legislature, Regular Session, 1999,
881-14 is renumbered as Chapter 425, Health and Safety Code, and Sections
881-15 421.001 and 421.002, Health and Safety Code, as added by that Act,
881-16 are renumbered as Sections 425.001 and 425.002, Health and Safety
881-17 Code, respectively.
881-18 (78) Section 431.006, Health and Safety Code, as added
881-19 by Chapter 1298, Acts of the 76th Legislature, Regular Session,
881-20 1999, is renumbered as Section 431.007, Health and Safety Code.
881-21 (79) Section 461.062, Health and Safety Code, as added
881-22 by Chapter 678, Acts of the 71st Legislature, Regular Session,
881-23 1989, is renumbered as Section 481.062, Health and Safety Code.
881-24 (80) Section 775.041, Health and Safety Code, as added
881-25 by Chapter 914, Acts of the 76th Legislature, Regular Session,
881-26 1999, is renumbered as Section 775.043, Health and Safety Code.
881-27 (81) Subsection (v), Section 32.024, Human Resources
882-1 Code, as added by Chapter 1333, Acts of the 76th Legislature,
882-2 Regular Session, 1999, is relettered as Subsection (w), Section
882-3 32.024, Human Resources Code.
882-4 (82) Section 302.006, Labor Code, as added by Chapter
882-5 482, Acts of the 76th Legislature, Regular Session, 1999, is
882-6 renumbered as Section 302.007, Labor Code.
882-7 (83) Section 43.0752, Local Government Code, as added
882-8 by Chapter 293, Acts of the 76th Legislature, Regular Session,
882-9 1999, is renumbered as Section 43.0753, Local Government Code.
882-10 (84) Section 43.905, Local Government Code, as added
882-11 by Chapter 218, Acts of the 76th Legislature, Regular Session,
882-12 1999, is renumbered as Section 43.907, Local Government Code.
882-13 (85) Section 232.0031, Local Government Code, as added
882-14 by Chapter 460, Acts of the 76th Legislature, Regular Session,
882-15 1999, is renumbered as Section 232.0032, Local Government Code.
882-16 (86) Section 280.003, Local Government Code, as added
882-17 by Chapter 986, Acts of the 76th Legislature, Regular Session,
882-18 1999, is renumbered as Section 280.004, Local Government Code.
882-19 (87) Chapter 303, Local Government Code, as added by
882-20 Chapter 405, Acts of the 76th Legislature, Regular Session, 1999,
882-21 is renumbered as Chapter 304, Local Government Code, and Sections
882-22 303.001 and 303.002, Local Government Code, as added by that Act,
882-23 are renumbered as Sections 304.001 and 304.002, Local Government
882-24 Code, respectively.
882-25 (88) Subchapter H, Chapter 376, Local Government Code,
882-26 as added by Chapter 1017, Acts of the 76th Legislature, Regular
882-27 Session, 1999, is relettered as Subchapter I, Chapter 376, Local
883-1 Government Code, and Sections 376.301, 376.302, 376.303, 376.304,
883-2 376.305, 376.306, 376.307, 376.308, 376.309, 376.310, 376.311,
883-3 376.312, 376.313, 376.314, 376.315, 376.316, 376.317, 376.318,
883-4 376.319, 376.320, 376.321, 376.322, 376.323, 376.324, 376.325, and
883-5 376.326, Local Government Code, as added by that Act, are
883-6 renumbered as Sections 376.351, 376.352, 376.353, 376.354, 376.355,
883-7 376.356, 376.357, 376.358, 376.359, 376.360, 376.361, 376.362,
883-8 376.363, 376.364, 376.365, 376.366, 376.367, 376.368, 376.369,
883-9 376.370, 376.371, 376.372, 376.373, 376.374, 376.375, and 376.376,
883-10 Local Government Code, respectively.
883-11 (89) Subchapter H, Chapter 376, Local Government Code,
883-12 as added by Chapter 1324, Acts of the 76th Legislature, Regular
883-13 Session, 1999, is relettered as Subchapter J, Chapter 376, Local
883-14 Government Code, and Sections 376.301, 376.302, 376.303, 376.304,
883-15 376.305, 376.306, 376.307, 376.308, 376.309, 376.310, 376.311,
883-16 376.312, 376.313, 376.314, 376.315, 376.316, 376.317, 376.318,
883-17 376.319, 376.320, 376.321, 376.322, 376.323, 376.324, and 376.325,
883-18 Local Government Code, as added by that Act, are renumbered as
883-19 Sections 376.401, 376.402, 376.403, 376.404, 376.405, 376.406,
883-20 376.407, 376.408, 376.409, 376.410, 376.411, 376.412, 376.413,
883-21 376.414, 376.415, 376.416, 376.417, 376.418, 376.419, 376.420,
883-22 376.421, 376.422, 376.423, 376.424, and 376.425, Local Government
883-23 Code, respectively.
883-24 (90) Chapter 378, Local Government Code, as added by
883-25 Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999,
883-26 is renumbered as Chapter 379, Local Government Code, and Sections
883-27 378.001, 378.002, 378.003, 378.004, 378.005, 378.006, 378.007,
884-1 378.008, 378.009, 378.010, 378.011, and 378.012, Local Government
884-2 Code, as added by that Act, are renumbered as Sections 379.001,
884-3 379.002, 379.003, 379.004, 379.005, 379.006, 379.007, 379.008,
884-4 379.009, 379.010, 379.011, and 379.012, Local Government Code,
884-5 respectively.
884-6 (91) Chapter 384, Local Government Code, as added by
884-7 Chapter 1283, Acts of the 76th Legislature, Regular Session, 1999,
884-8 is renumbered as Chapter 385, Local Government Code, and Sections
884-9 384.001, 384.002, 384.003, 384.004, 384.005, 384.006, 384.007,
884-10 384.008, 384.009, 384.010, 384.011, and 384.012, Local Government
884-11 Code, as added by that Act, are renumbered as Sections 385.001,
884-12 385.002, 385.003, 385.004, 385.005, 385.006, 385.007, 385.008,
884-13 385.009, 385.010, 385.011, and 385.012, Local Government Code,
884-14 respectively.
884-15 (92) Chapter 422, Local Government Code, as added by
884-16 Chapter 245, Acts of the 76th Legislature, Regular Session, 1999,
884-17 is renumbered as Chapter 423, Local Government Code, and Sections
884-18 422.001, 422.002, and 422.003, Local Government Code, as added by
884-19 that Act, are renumbered as Sections 423.001, 423.002, and 423.003,
884-20 Local Government Code, respectively.
884-21 (93) Section 12.48, Penal Code, as added by Chapter
884-22 417, Acts of the 76th Legislature, Regular Session, 1999, is
884-23 renumbered as Section 12.49, Penal Code.
884-24 (94) Subdivision (5), Subsection (b), Section 30.05,
884-25 Penal Code, as added by Chapter 765, Acts of the 76th Legislature,
884-26 Regular Session, 1999, is renumbered as Subdivision (6),
884-27 Subsection (b), Section 30.05, Penal Code.
885-1 (95) Section 5.010, Property Code, as added by Chapter
885-2 1239, Acts of the 75th Legislature, Regular Session, 1997, is
885-3 renumbered as Section 5.013, Property Code.
885-4 (96) Chapter 62, Property Code, as added by Chapter
885-5 742, Acts of the 76th Legislature, Regular Session, 1999, is
885-6 renumbered as Chapter 63, Property Code, and Sections 62.001,
885-7 62.002, 62.003, and 62.004, Property Code, as added by that Act,
885-8 are renumbered as Sections 63.001, 63.002, 63.003, and 63.004,
885-9 Property Code, respectively.
885-10 (97) Section 92.013, Property Code, as added by
885-11 Chapter 1439, Acts of the 76th Legislature, Regular Session, 1999,
885-12 is renumbered as Section 92.014, Property Code.
885-13 (98) Chapter 207, Property Code, as added by Chapter
885-14 871, Acts of the 76th Legislature, Regular Session, 1999, is
885-15 renumbered as Chapter 208, Property Code, and Sections 207.001,
885-16 207.002, 207.003, 207.004, 207.005, 207.006, 207.007, 207.008, and
885-17 207.009, Property Code, as added by that Act, are renumbered as
885-18 Sections 208.001, 208.002, 208.003, 208.004, 208.005, 208.006,
885-19 208.007, 208.008, and 208.009, Property Code, respectively.
885-20 (99) Subsection (i), Section 41.45, Tax Code, as added
885-21 by Chapter 416, Acts of the 76th Legislature, Regular Session,
885-22 1999, is relettered as Subsection (m), Section 41.45, Tax Code.
885-23 (100) Subsection (r), Section 151.318, Tax Code, as
885-24 added by Chapter 1040, Acts of the 75th Legislature, Regular
885-25 Session, 1997, is relettered as Subsection (p), Section 151.318,
885-26 Tax Code.
885-27 (101) Section 351.107, Tax Code, as added by Chapters
886-1 495 and 1467, Acts of the 76th Legislature, Regular Session, 1999,
886-2 is renumbered as Section 351.108, Tax Code.
886-3 (102) Subsection (h), Section 223.010, Transportation
886-4 Code, as added by Chapter 902, Acts of the 76th Legislature,
886-5 Regular Session, 1999, is relettered as Subsection (i), Section
886-6 223.010, Transportation Code.
886-7 (103) Section 225.041, Transportation Code, as added
886-8 by Chapter 1000, Acts of the 76th Legislature, Regular Session,
886-9 1999, is renumbered as Section 225.042, Transportation Code.
886-10 (104) Section 225.041, Transportation Code, as added
886-11 by Chapter 1164, Acts of the 76th Legislature, Regular Session,
886-12 1999, is renumbered as Section 225.043, Transportation Code.
886-13 (105) Section 502.1585, Transportation Code, as added
886-14 by Chapter 732, Acts of the 76th Legislature, Regular Session,
886-15 1999, is renumbered as Section 502.1586, Transportation Code.
886-16 (106) Section 502.298, Transportation Code, as added
886-17 by Chapter 862, Acts of the 76th Legislature, Regular Session,
886-18 1999, is renumbered as Section 502.2734, Transportation Code.
886-19 (107) Section 502.299, Transportation Code, as added
886-20 by Chapter 433, Acts of the 76th Legislature, Regular Session,
886-21 1999, is renumbered as Section 502.2932, Transportation Code.
886-22 (108) Section 502.299, Transportation Code, as added
886-23 by Chapter 634, Acts of the 76th Legislature, Regular Session,
886-24 1999, is renumbered as Section 502.2933, Transportation Code.
886-25 (109) Section 521.103, Transportation Code, as added
886-26 by Chapter 1189, Acts of the 76th Legislature, Regular Session,
886-27 1999, is renumbered as Section 521.104, Transportation Code.
887-1 (110) Section 55.012, Utilities Code, as added by
887-2 Chapter 835, Acts of the 76th Legislature, Regular Session, 1999,
887-3 is repealed.
887-4 (111) Section 55.012, Utilities Code, as added by
887-5 Chapter 1212, Acts of the 76th Legislature, Regular Session, 1999,
887-6 is renumbered as Section 55.016, Utilities Code.
887-7 (112) Section 5.123, Water Code, as added by Chapters
887-8 304 and 1082, Acts of the 75th Legislature, Regular Session, 1997,
887-9 is renumbered as Section 5.126, Water Code.
887-10 (113) Section 5.125, Water Code, as added by Chapter
887-11 187, Acts of the 76th Legislature, Regular Session, 1999, is
887-12 repealed.
887-13 (114) Subchapter M, Chapter 5, Water Code, as added by
887-14 Chapter 287, Acts of the 76th Legislature, Regular Session, 1999,
887-15 is relettered as Subchapter N, Chapter 5, Water Code, and Sections
887-16 5.551, 5.552, 5.553, 5.554, 5.555, 5.556, 5.557, 5.558, and 5.559,
887-17 Water Code, as added by that Act, are renumbered as Sections 5.601,
887-18 5.602, 5.603, 5.604, 5.605, 5.606, 5.607, 5.608, and 5.609, Water
887-19 Code, respectively.
887-20 SECTION 21.002. The following reference changes are made to
887-21 conform the provisions amended to the renumbering changes made by
887-22 Section 21.001 of this Act:
887-23 (1) Section 46.002, Agriculture Code, as added by
887-24 Chapter 1074, Acts of the 76th Legislature, Regular Session, 1999,
887-25 is renumbered as Section 50.002, Agriculture Code, as provided by
887-26 this article, and amended to read as follows:
887-27 Sec. 50.002 [46.002]. TERM OF AWARD. An award under Section
888-1 50.001 [46.001] must be granted for a two-year period and may be
888-2 extended at the end of that period after review.
888-3 (2) Subdivision (4), Section 49.001, Agriculture Code,
888-4 as renumbered from Section 46.001, Agriculture Code, by this
888-5 article, is amended to read as follows:
888-6 (4) "Eligible institution" means an institution of
888-7 higher education, as that term is defined by Section 61.003,
888-8 Education Code, that is designated as an eligible institution under
888-9 Section 49.002(e) [46.002(e)].
888-10 (3) Subsection (a), Section 154.073, Civil Practice
888-11 and Remedies Code, is amended to read as follows:
888-12 (a) Except as provided by Subsections (c), (d), [and] (e),
888-13 and (f), a communication relating to the subject matter of any
888-14 civil or criminal dispute made by a participant in an alternative
888-15 dispute resolution procedure, whether before or after the
888-16 institution of formal judicial proceedings, is confidential, is not
888-17 subject to disclosure, and may not be used as evidence against the
888-18 participant in any judicial or administrative proceeding.
888-19 (4) Section 21.502, Education Code, as added by
888-20 Chapter 1590, Acts of the 76th Legislature, Regular Session, 1999,
888-21 is renumbered as Section 21.552, Education Code, as provided by
888-22 this article, and amended to read as follows:
888-23 Sec. 21.552 [21.502]. PROGRAM ESTABLISHED. The State Board
888-24 for Educator Certification by rule shall establish the Teach for
888-25 Texas Pilot Program consistent with the purposes provided by
888-26 Section 21.551 [21.501].
888-27 (5) Subsection (c), Section 61.531, Education Code, is
889-1 amended to read as follows:
889-2 (c) A physician who receives repayment assistance under this
889-3 subchapter may not receive assistance under Subchapter E, Chapter
889-4 106 [Chapter 46], Health and Safety Code.
889-5 (6) Subsection (c), Section 497.010, Government Code,
889-6 is amended to read as follows:
889-7 (c) It is an exception to the application of this section
889-8 that the article or product sold is a state flag or similar item
889-9 produced for sale or distribution by the legislature under Section
889-10 301.034 [301.033].
889-11 (7) Section 552.029, Government Code, is amended to
889-12 read as follows:
889-13 Sec. 552.029. RIGHT OF ACCESS TO CERTAIN INFORMATION
889-14 RELATING TO INMATE OF DEPARTMENT OF CRIMINAL JUSTICE.
889-15 Notwithstanding Section 508.313 or 552.134 [552.131], the following
889-16 information about an inmate who is confined in a facility operated
889-17 by or under a contract with the Texas Department of Criminal
889-18 Justice is subject to required disclosure under Section 552.021:
889-19 (1) the inmate's name, identification number, age,
889-20 birthplace, physical description, or general state of health or the
889-21 nature of an injury to or critical illness suffered by the inmate;
889-22 (2) the inmate's assigned unit or the date on which
889-23 the unit received the inmate, unless disclosure of the information
889-24 would violate federal law relating to the confidentiality of
889-25 substance abuse treatment;
889-26 (3) the offense for which the inmate was convicted or
889-27 the judgment and sentence for that offense;
890-1 (4) the county and court in which the inmate was
890-2 convicted;
890-3 (5) the inmate's earliest or latest possible release
890-4 dates;
890-5 (6) the inmate's parole date or earliest possible
890-6 parole date;
890-7 (7) any prior confinement of the inmate by the Texas
890-8 Department of Criminal Justice or its predecessor; or
890-9 (8) basic information regarding the death of an inmate
890-10 in custody, an incident involving the use of force, or an alleged
890-11 crime involving the inmate.
890-12 (8) Subsection (a), Section 48.003, Health and Safety
890-13 Code, as renumbered from Section 46.003, Health and Safety Code, by
890-14 this article, is amended to read as follows:
890-15 (a) The department shall establish and operate a
890-16 certification program for persons who act as promotoras. In
890-17 establishing the program, the board shall adopt rules that provide
890-18 minimum standards and guidelines, including participation in the
890-19 training and education program under Section 48.002 [46.002], for
890-20 issuance of a certificate to a person under this section.
890-21 (9) Subsection (a), Section 376.369, Local Government
890-22 Code, as renumbered from Section 376.319, Local Government Code, by
890-23 this article, is amended to read as follows:
890-24 (a) If authorized at an election held in accordance with
890-25 Section 376.368 [376.318], the district may impose and collect an
890-26 annual ad valorem tax on taxable property in the district for the
890-27 maintenance and operation of the district and the improvements
891-1 constructed or acquired by the district or for the provision of
891-2 services.
891-3 (10) Subsection (a), Section 376.420, Local Government
891-4 Code, as renumbered from Section 376.320, Local Government Code, by
891-5 this article, is amended to read as follows:
891-6 (a) The district may impose and collect an annual ad valorem
891-7 tax on taxable property in the district for the maintenance and
891-8 operation of the district and the improvements constructed or
891-9 acquired by the district or for the provision of services only if:
891-10 (1) two-thirds of the board members vote in favor of
891-11 imposing the tax; and
891-12 (2) the tax is authorized at an election held in
891-13 accordance with Section 376.419 [376.319].
891-14 (11) Subsection (b), Section 379.008, Local Government
891-15 Code, as renumbered from Section 378.008, Local Government Code, by
891-16 this article, is amended to read as follows:
891-17 (b) For the base property and areas adjacent to the base
891-18 property the board shall:
891-19 (1) promote economic development;
891-20 (2) attempt to reduce unemployment;
891-21 (3) encourage the development of new industry by
891-22 private businesses; and
891-23 (4) encourage financing of projects designated under
891-24 Section 379.009 [378.009].
891-25 (12) Subsection (b), Section 379.011, Local Government
891-26 Code, as renumbered from Section 378.011, Local Government Code, by
891-27 this article, is amended to read as follows:
892-1 (b) Section 25.07(a), Tax Code, applies to a leasehold or
892-2 other possessory interest in real property granted by an authority
892-3 for a project designated under Section 379.009(a) [378.009(a)] in
892-4 the same manner as it applies to a leasehold or other possessory
892-5 interest in real property constituting a project described by
892-6 Section 4B(k), Development Corporation Act of 1979 (Article 5190.6,
892-7 Vernon's Texas Civil Statutes).
892-8 (13) Subsection (a), Section 385.007, Local Government
892-9 Code, as renumbered from Section 384.007, Local Government Code, by
892-10 this article, is amended to read as follows:
892-11 (a) A district by order may impose a sales and use tax under
892-12 this chapter to finance the operations of the district only if the
892-13 tax is approved at an election held under Section 385.003
892-14 [384.003].
892-15 (14) Subsection (a), Section 385.010, Local Government
892-16 Code, as renumbered from Section 384.010, Local Government Code, by
892-17 this article, is amended to read as follows:
892-18 (a) A district that has adopted a sales and use tax under
892-19 this chapter may, by order and subject to Section 385.007(b)
892-20 [384.007(b)], change the rate of the tax or repeal the tax if the
892-21 change or repeal is approved by a majority of the votes received in
892-22 the district at an election held for that purpose.
892-23 (15) Section 12.48, Penal Code, as added by Chapter
892-24 417, Acts of the 76th Legislature, Regular Session, 1999, is
892-25 renumbered as Section 12.49, Penal Code, as provided by this
892-26 article, and amended to read as follows:
892-27 Sec. 12.49 [12.48]. PENALTY IF CONTROLLED SUBSTANCE USED TO
893-1 COMMIT OFFENSE. If the court makes an affirmative finding under
893-2 Article 42.012 [42.015], Code of Criminal Procedure, in the
893-3 punishment phase of the trial of an offense under Chapter 29,
893-4 Chapter 31, or Title 5, other than a first degree felony or a Class
893-5 A misdemeanor, the punishment for the offense is increased to the
893-6 punishment prescribed for the next highest category of offense. If
893-7 the offense is a Class A misdemeanor, the minimum term of
893-8 confinement for the offense is increased to 180 days.
893-9 (16) Subsection (c), Section 63.004, Property Code, as
893-10 renumbered from Section 62.004, Property Code, by this article, is
893-11 amended to read as follows:
893-12 (c) A lien that is converted to a purchase money lien on
893-13 real property under Section 63.003 [62.003] may be refinanced with
893-14 another lien on the real property to which the manufactured home is
893-15 permanently attached as provided by Section 2.001(b).
893-16 (17) Subsection (c), Section 208.002, Property Code,
893-17 as renumbered from Section 207.002, Property Code, by this article,
893-18 is amended to read as follows:
893-19 (c) This chapter applies to property in the area of a
893-20 historic neighborhood that is zoned for or that contains a
893-21 commercial structure, an industrial structure, an apartment
893-22 complex, or a condominium development covered by Title 7 only if
893-23 the owner of the property signed a restrictive covenant that
893-24 includes the property in a common scheme for preservation of
893-25 historic property as described by Section 208.004 [207.004].
893-26 (18) Subsection (c), Section 208.005, Property Code,
893-27 as renumbered from Section 207.005, Property Code, by this article,
894-1 is amended to read as follows:
894-2 (c) The amendment or termination of a restrictive covenant
894-3 is effective and applies to each separately owned parcel or tract
894-4 subject to the common scheme for preservation of historic property
894-5 if the owners of at least 75 percent of the parcels or tracts who
894-6 vote on the issue in accordance with Section 208.006 [207.006] vote
894-7 in favor of the amendment or termination of the restrictive
894-8 covenant.
894-9 (19) Section 223.010(a), Transportation Code, is
894-10 amended to read as follows:
894-11 (a) Five percent of the contract price shall be retained
894-12 until the entire improvement has been completed and accepted,
894-13 except as provided by Subsections [Subsection] (h) and (i).
894-14 (20) Subsection (g), Section 521.421, Transportation
894-15 Code, is amended to read as follows:
894-16 (g) The department shall collect an additional fee of $1 for
894-17 the issuance or renewal of a license to fund the anatomical gift
894-18 educational program established under Chapter 49 [46], Health and
894-19 Safety Code, if the person applying for or renewing a license opts
894-20 to pay the additional fee. The department shall remit fees
894-21 collected under this subsection to the comptroller, who shall
894-22 maintain the identity of the source of the fees.
894-23 (21) Subsection (c), Section 521.422, Transportation
894-24 Code, is amended to read as follows:
894-25 (c) The department shall collect an additional fee of $1 for
894-26 the issuance or renewal of a personal identification card to fund
894-27 the anatomical gift educational program established under Chapter
895-1 49 [46], Health and Safety Code, if the person applying for or
895-2 renewing a personal identification card opts to pay the additional
895-3 fee. The department shall remit fees collected under this
895-4 subsection to the comptroller, who shall maintain the identity of
895-5 the source of the fees.
895-6 (22) Subsection (b), Section 39.354, Utilities Code,
895-7 is amended to read as follows:
895-8 (b) In this section, "municipal aggregator" means a person
895-9 authorized by two or more municipal governing bodies to join the
895-10 bodies into a single purchasing unit to negotiate the purchase of
895-11 electricity from retail electric providers or aggregation by a
895-12 municipality under Chapter 304 [303], Local Government Code.
895-13 (23) Subsection (b), Section 39.3545, Utilities Code,
895-14 is amended to read as follows:
895-15 (b) In this section, "political subdivision aggregator"
895-16 means a person or political subdivision corporation authorized by
895-17 two or more political subdivision governing bodies to join the
895-18 bodies into a single purchasing unit or multiple purchasing units
895-19 to negotiate the purchase of electricity from retail electric
895-20 providers for the facilities of the aggregated political
895-21 subdivisions or aggregation by a person or political subdivision
895-22 under Chapter 304 [303], Local Government Code.
895-23 SECTION 21.003. If the number, letter, or designation
895-24 assigned by Section 21.001 of this Act conflicts with a number,
895-25 letter, or designation assigned by another Act of the 77th
895-26 Legislature:
895-27 (1) the other Act controls, and the change made by
896-1 Section 21.001 of this Act has no effect; and
896-2 (2) any cross-reference change made by Section 21.002
896-3 of this Act to conform to that change made by Section 21.001 of
896-4 this Act has no effect.
896-5 ARTICLE 22. EFFECTIVE DATE
896-6 SECTION 22.001. (a) Except as provided by Subsection (b) of
896-7 this section, this Act takes effect September 1, 2001.
896-8 (b) Section 8.104 of this Act takes effect July 1, 2001, if
896-9 this Act receives a vote of two-thirds of all the members elected
896-10 to each house, as provided by Section 39, Article III, Texas
896-11 Constitution. If this Act does not receive the vote necessary for
896-12 effect of that section on that date, the section takes effect
896-13 September 1, 2001.