By: Marchant (Senate Sponsor - Harris) H.B. No. 3506
(In the Senate - Received from the House May 1, 2003;
May 7, 2003, read first time and referred to Committee on
Administration; May 16, 2003, reported favorably by the following
vote: Yeas 7, Nays 0; May 16, 2003, sent to printer.)
A BILL TO BE ENTITLED
AN ACT
relating to renumbering or relettering certain provisions of
enacted codes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act is enacted as part of the state's
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution.
SECTION 2. The following provisions of enacted codes are
renumbered or relettered and appropriate cross-references are
changed to eliminate duplicate citations or to relocate misplaced
provisions:
(1) Chapter 20, Agriculture Code, as added by Chapter
49, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Chapter 21, Agriculture Code, and Sections 20.001,
20.002, and 20.003, Agriculture Code, as added by that Act, are
renumbered as Sections 21.001, 21.002, and 21.003, Agriculture
Code, respectively.
(2) Section 35.49, Business & Commerce Code, as added
by Chapter 1420, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 35.57, Business & Commerce Code.
(3) Chapter 43, Business & Commerce Code, as added by
Chapter 1429, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 44, Business & Commerce Code, and Sections
43.001, 43.002, 43.003, 43.004, 43.005, 43.006, 43.051, 43.052,
43.101, 43.102, 43.103, 43.104, 43.151, 43.152, 42.153, 43.201,
43.202, 43.251, 43.252, and 43.253, Business & Commerce Code, as
added by that Act, are renumbered as Sections 44.001, 44.002,
44.003, 44.004, 44.005, 44.006, 44.051, 44.052, 44.101, 44.102,
44.103, 44.104, 44.151, 44.152, 44.153, 44.201, 44.202, 44.251,
44.252, and 44.253, Business & Commerce Code, respectively.
(4) Chapter 43, Business & Commerce Code, as added by
Chapter 1119, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 45, Business & Commerce Code, and Sections
43.001, 43.002, 43.003, and 43.004, Business & Commerce Code, as
added by that Act, are renumbered as Sections 45.001, 45.002,
45.003, and 45.004, Business & Commerce Code, respectively.
(5) Section 43.020, Business & Commerce Code, as added
by Chapter 1158, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 43.021, Business & Commerce Code.
(6) Article 17.47, Code of Criminal Procedure, as
added by Chapter 2, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Article 17.48, Code of Criminal Procedure.
(7) Article 38.39, Code of Criminal Procedure, as
added by Chapter 1411, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Article 38.40, Code of Criminal
Procedure.
(8) Article 45.054, Code of Criminal Procedure, as
added by Chapter 1297, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Article 45.060, Code of Criminal
Procedure.
(9) Subsection (h), Article 59.02, Code of Criminal
Procedure, as added by Chapter 438, Acts of the 77th Legislature,
Regular Session, 2001, is relettered as Subsection (i), Article
59.02, Code of Criminal Procedure.
(10) Article 62.061, Code of Criminal Procedure, as
added by Chapter 1193, Acts of the 76th Legislature, Regular
Session, 1999, and Chapter 1415, Acts of the 76th Legislature,
Regular Session, 1999, is renumbered as Article 62.063, Code of
Criminal Procedure.
(11) Section 7.025, Education Code, as added by
Chapter 814, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 7.026, Education Code.
(12) Section 21.0482, Education Code, as added by
Chapter 1301, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 21.0483, Education Code.
(13) Section 21.411, Education Code, as added by
Chapter 1301, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 21.412, Education Code.
(14) Subsection (l), Section 28.002, Education Code,
as added by Chapter 925, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (m), Section 28.002,
Education Code.
(15) Section 29.087, Education Code, as added by
Chapter 834, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 29.088, Education Code.
(16) Section 29.903, Education Code, as added by
Chapter 795, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 29.904, Education Code.
(17) Section 29.903, Education Code, as added by
Chapter 85, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 29.905, Education Code.
(18) Section 29.903, Education Code, as added by
Chapter 478, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 29.906, Education Code.
(19) Section 38.013, Education Code, as added by
Chapter 511, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 38.015, Education Code.
(20) Subsection (m), Section 39.023, Education Code,
as added by Chapter 834, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (n), Section 39.023,
Education Code.
(21) Subsection (d), Section 42.302, Education Code,
as added by Chapter 1505, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (e), Section 42.302,
Education Code.
(22) Section 46.012, Education Code, as added by
Chapter 1156, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 46.013, Education Code.
(23) Section 46.036, Education Code, as added by
Chapter 1156, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 46.037, Education Code.
(24) Subsection (x), Section 51.306, Education Code,
as added by Chapter 1072, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (y), Section 51.306,
Education Code.
(25) Subchapter V, Chapter 51, Education Code, as
added by Chapter 1039, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter W, Chapter 51, Education
Code, and Sections 51.821, 51.822, and 51.823, Education Code, as
added by that Act, are renumbered as Sections 51.841, 51.842, and
51.843, Education Code, respectively.
(26) Subchapter V, Chapter 51, Education Code, as
added by Chapter 146, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter X, Chapter 51, Education
Code, and Sections 51.831, 51.832, 51.833, 51.834, 51.835, 51.836,
51.837, 51.838, 51.839, and 51.840, Education Code, as added by
that Act, are renumbered as Sections 51.851, 51.852, 51.853,
51.854, 51.855, 51.856, 51.857, 51.858, 51.859, and 51.860,
Education Code, respectively.
(27) Subchapter V, Chapter 51, Education Code, as
added by Chapter 1513, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter Y, Chapter 51, Education
Code, and Sections 51.831, 51.832, 51.833, 51.834, 51.835, and
51.836, Education Code, as added by that Act, are renumbered as
Sections 51.871, 51.872, 51.873, 51.874, 51.875, and 51.876,
Education Code, respectively.
(28) Section 51.949, Education Code, as added by
Chapter 697, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 51.950, Education Code.
(29) Section 51.961, Education Code, as added by
Chapter 1317, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 51.951, Education Code.
(30) Section 51.961, Education Code, as added by
Chapter 711, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 51.952, Education Code.
(31) Section 54.069, Education Code, as added by
Chapter 80, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 54.070, Education Code.
(32) Section 54.069, Education Code, as added by
Chapter 655, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 54.071, Education Code.
(33) Section 54.069, Education Code, as added by
Chapter 579, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 54.072, Education Code.
(34) Subchapter M, Chapter 56, Education Code, as
added by Chapter 1473, Acts of the 76th Legislature, Regular
Session, 1999, is relettered as Subchapter L, Chapter 56, Education
Code.
(35) Subchapter O, Chapter 56, Education Code, as
added by Chapter 624, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter P, Chapter 56, Education
Code, and Sections 56.351, 56.352, 56.353, 56.354, 56.355, 56.356,
and 56.357, Education Code, as added by that Act, are renumbered as
Sections 56.401, 56.402, 56.403, 56.404, 56.405, 56.406, and
56.407, Education Code, respectively.
(36) Section 61.088, Education Code, as added by
Chapter 562, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.089, Education Code.
(37) Section 61.088, Education Code, as added by
Chapter 1374, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.090, Education Code.
(38) Section 61.088, Education Code, as added by
Chapter 795, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.0901, Education Code.
(39) Section 61.659, Education Code, as added by
Chapter 1478, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.660, Education Code.
(40) Subchapter T, Chapter 61, Education Code, as
added by Chapter 833, Acts of the 76th Legislature, Regular
Session, 1999, is relettered as Subchapter U, Chapter 61, Education
Code.
(41) Subchapter T, Chapter 61, Education Code, as
added by Chapter 1243, Acts of the 76th Legislature, Regular
Session, 1999, is relettered as Subchapter W, Chapter 61, Education
Code, and Sections 61.851, 61.852, 61.853, 61.854, 61.855, 61.856,
61.857, 61.858, 61.859, 61.860, 61.861, 61.862, and 61.863,
Education Code, as added by that Act, are renumbered as Sections
61.921, 61.922, 61.923, 61.924, 61.925, 61.926, 61.927, 61.928,
61.929, 61.930, 61.931, 61.932, and 61.933, Education Code,
respectively.
(42) Subchapter U, Chapter 61, Education Code, as
added by Chapter 1489, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter Z, Chapter 61, Education
Code, and Sections 61.921, 61.922, 61.923, 61.924, 61.925, and
61.926, Education Code, as added by that Act, are renumbered as
Sections 61.9621, 61.9622, 61.9623, 61.9624, 61.9625, and 61.9626,
Education Code, respectively.
(43) Subchapter X, Chapter 61, Education Code, as
added by Chapter 1035, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter AA, Chapter 61,
Education Code, and Sections 61.9401, 61.9402, 61.9403, 61.9404,
61.9405, 61.9406, 61.9407, 61.9408, 61.9409, and 61.9410,
Education Code, as added by that Act, are renumbered as Sections
61.9651, 61.9652, 61.9653, 61.9654, 61.9655, 61.9656, 61.9657,
61.9658, 61.9659, and 61.9660, Education Code, respectively.
(44) Subchapter X, Chapter 61, Education Code, as
added by Chapter 901, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter BB, Chapter 61,
Education Code, and Sections 61.941, 61.942, 61.943, 61.944, and
61.945, Education Code, as added by that Act, are renumbered as
Sections 61.9681, 61.9682, 61.9683, 61.9684, and 61.9685,
Education Code, respectively.
(45) Subchapter X, Chapter 61, Education Code, as
added by Chapter 148, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter CC, Chapter 61,
Education Code, and Sections 61.951, 61.952, 61.953, and 61.954,
Education Code, as added by that Act, are renumbered as Sections
61.9701, 61.9702, 61.9703, and 61.9704, Education Code,
respectively.
(46) Subchapter X, Chapter 61, Education Code, as
added by Chapter 1403, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter DD, Chapter 61,
Education Code, and Sections 61.951, 61.952, 61.953, 61.954,
61.955, 61.956, 61.957, 61.958, 61.959, 61.960, 61.961, and 61.962,
Education Code, as added by that Act, are renumbered as Sections
61.9721, 61.9722, 61.9723, 61.9724, 61.9725, 61.9726, 61.9727,
61.9728, 61.9729, 61.9730, 61.9731, and 61.9732, Education Code,
respectively.
(47) Subsection (j), Section 96.641, Education Code,
as added by Chapter 947, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (k), Section 96.641,
Education Code.
(48) Sections 105.111, 105.112, 105.113, 105.114,
105.115, 105.116, 105.117, 105.118, 105.119, 105.120, 105.121,
105.122, 105.123, 105.124, 105.125, 105.126, and 105.127,
Education Code, as added by Chapter 1496, Acts of the 77th
Legislature, Regular Session, 2001, are renumbered as Sections
105.451, 105.452, 105.453, 105.454, 105.455, 105.456, 105.457,
105.458, 105.459, 105.460, 105.461, 105.462, 105.463, 105.464,
105.465, 105.466, and 105.467, Education Code, respectively.
(49) Subchapter I, Chapter 105, Education Code, as
added by Chapter 25, Acts of the 77th Legislature, Regular Session,
2001, is relettered as Subchapter J, Chapter 105, Education Code,
and Section 105.451, Education Code, as added by that Act, is
renumbered as Section 105.501, Education Code.
(50) Chapter 151, Education Code, as added by Chapter
1381, Acts of the 76th Legislature, Regular Session, 1999, is
renumbered as Chapter 154, Education Code, and Sections 151.001,
151.002, 151.003, 151.004, 151.005, 151.006, 151.007, and 151.008,
Education Code, as added by that Act, are renumbered as Sections
154.001, 154.002, 154.003, 154.004, 154.005, 154.006, 154.007, and
154.008, Education Code, respectively.
(51) Section 51.101, Family Code, as added by Chapter
906, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 51.102, Family Code.
(52) Section 154.013, Family Code, as added by Chapter
1491, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 154.014, Family Code.
(53) Section 231.011, Family Code, as added by Chapter
228, Acts of the 76th Legislature, Regular Session, 1999, is
renumbered as Section 231.010, Family Code.
(54) Section 263.405, Family Code, as added by Chapter
809, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 263.407, Family Code.
(55) Section 25.00221, Government Code, as added by
Chapter 71, Acts of the 76th Legislature, Regular Session, 1999, is
renumbered as Section 25.00222, Government Code.
(56) Subchapter T, Chapter 54, Government Code, as
added by Chapter 954, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter U, Chapter 54,
Government Code, and Sections 54.1041, 54.1042, 54.1043, 54.1044,
54.1045, 54.1046, 54.1047, 54.1048, 54.1049, 54.1050, 54.1051,
54.1052, 54.1053, 54.1054, 54.1055, and 54.1056, Government Code,
as added by that Act, are renumbered as Sections 54.1101, 54.1102,
54.1103, 54.1104, 54.1105, 54.1106, 54.1107, 54.1108, 54.1109,
54.1110, 54.1111, 54.1112, 54.1113, 54.1114, 54.1115, and 54.1116,
Government Code, respectively.
(57) Section 411.137, Government Code, as added by
Chapter 1091, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 411.139, Government Code.
(58) Section 411.137, Government Code, as added by
Chapter 917, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 411.140, Government Code.
(59) Subchapter J, Chapter 411, Government Code, as
added by Chapter 463, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter K, Chapter 411,
Government Code, and Sections 411.301, 411.302, 411.303, and
411.304, Government Code, as added by that Act, are renumbered as
Sections 411.281, 411.282, 411.283, and 411.284, Government Code,
respectively.
(60) Section 442.0087, Government Code, as added by
Chapter 1315, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 442.0084, Government Code.
(61) Subsection (d), Section 481.0065, Government
Code, as added by Chapter 585, Acts of the 76th Legislature, Regular
Session, 1999, is relettered as Subsection (d-1), Section 481.0065,
Government Code.
(62) Subsection (d), Section 508.283, Government
Code, as added by Chapter 1197, Acts of the 77th Legislature,
Regular Session, 2001, is relettered as Subsection (e), Section
508.283, Government Code.
(63) Section 531.02161, Government Code, as added by
Chapter 959, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.02162, Government Code.
(64) Section 531.0221, Government Code, as added by
Chapter 603, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.0222, Government Code.
(65) Section 531.0221, Government Code, as added by
Chapter 1260, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.0223, Government Code.
(66) Section 531.0244, Government Code, as added by
Chapter 156, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.02491, Government Code.
(67) Section 531.0244, Government Code, as added by
Chapter 90, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 531.02492, Government Code.
(68) Section 531.055, Government Code, as added by
Chapter 1239, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.059, Government Code.
(69) Section 531.055, Government Code, as added by
Chapter 590, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.060, Government Code.
(70) Section 531.055, Government Code, as added by
Chapter 256, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.061, Government Code.
(71) Section 531.055, Government Code, as added by
Chapter 959, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 531.062, Government Code.
(72) Subchapter D, Chapter 531, Government Code, as
added by Chapter 241, Acts of the 75th Legislature, Regular
Session, 1997, is relettered as Subchapter D-1, Chapter 531,
Government Code.
(73) Subchapter G, Chapter 531, Government Code, as
added by Chapter 446, Acts of the 76th Legislature, Regular
Session, 1999, is relettered as Subchapter G-1, Chapter 531,
Government Code.
(74) Subchapter I, Chapter 531, Government Code, as
added by Chapter 1277, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter J, Chapter 531,
Government Code, and Sections 531.301, 531.302, and 531.303,
Government Code, as added by that Act, are renumbered as Sections
531.351, 531.352, and 531.353, Government Code, respectively.
(75) Section 552.136, Government Code, as added by
Chapter 143, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 552.138, Government Code.
(76) Section 552.136, Government Code, as added by
Chapter 1272, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 552.139, Government Code.
(77) Section 552.136, Government Code, as added by
Chapter 545, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 551.140, Government Code.
(78) Chapter 559, Government Code, as added by Chapter
634, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Chapter 560, Government Code, and Sections 559.001,
559.002, and 559.003, Government Code, as added by that Act, are
renumbered as Sections 560.001, 560.002, and 560.003, Government
Code, respectively.
(79) Subchapter F, Chapter 614, Government Code, as
added by Chapter 1129, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter G, Chapter 614,
Government Code, and Sections 614.071, 614.072, 614.073, and
614.074, Government Code, as added by that Act, are renumbered as
Sections 614.101, 614.102, 614.103, and 614.104, Government Code,
respectively.
(80) Section 2054.063, Government Code, as added by
Chapter 545, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 2054.059, Government Code.
(81) Subsection (b), Section 2054.126, Government
Code, as added by Chapter 710, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (e), Section 2054.126,
Government Code.
(82) Section 2054.127, Government Code, as added by
Chapter 613, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 2054.128, Government Code.
(83) Subchapter I, Chapter 2054, Government Code, as
added by Chapter 353, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter K, Chapter 2054,
Government Code, and Sections 2054.251, 2054.252, 2054.253, and
2054.254, Government Code, as added by that Act, are renumbered as
Sections 2054.351, 2054.352, 2054.353, and 2054.354, Government
Code, respectively.
(84) Section 2155.449, Government Code, as added by
Chapter 483, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 2155.450, Government Code.
(85) Subsection (g), Section 2251.026, Government
Code, as added by Chapter 118, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (j), Section 2251.026,
Government Code.
(86) Subsection (f), Section 2253.021, Government
Code, as added by Chapter 614, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (g), Section 2253.021,
Government Code.
(87) Section 2306.256, Government Code, as added by
Chapter 432, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 2306.258, Government Code.
(88) Subchapter GG, Chapter 2306, Government Code, as
added by Chapter 432, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subchapter KK, Chapter 2306,
Government Code, and Sections 2306.781, 2306.782, 2306.783,
2306.784, 2306.785, 2306.786, 2306.787, 2306.788, and 2306.789,
Government Code, as added by that Act, are renumbered as Sections
2306.901, 2306.902, 2306.903, 2306.904, 2306.905, 2306.906,
2306.907, 2306.908, and 2306.909, Government Code, respectively.
(89) Section 2308.317, Government Code, as added by
Chapter 667, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 2308.318, Government Code.
(90) Chapter 110, Health and Safety Code, as added by
Chapter 1003, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 111, Health and Safety Code, and Sections
110.001, 110.002, 110.003, 110.004, 110.005, and 110.006, Health
and Safety Code, as added by that Act, are renumbered as Sections
111.001, 111.002, 111.003, 111.004, 111.005, and 111.006, Health
and Safety Code, respectively.
(91) Section 242.0335, Health and Safety Code, as
added by Chapter 14, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 242.0336, Health and Safety Code.
(92) Section 242.050, Health and Safety Code, as added
by Chapter 1025, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 242.052, Health and Safety Code.
(93) Section 286.165, Health and Safety Code, as added
by Chapter 1290, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 285.165, Health and Safety Code.
(94) Section 382.065, Health and Safety Code, as added
by Chapter 1166, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 382.066, Health and Safety Code.
(95) Section 614.019, Health and Safety Code, as added
by Chapter 1499, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 614.020, Health and Safety Code.
(96) Section 22.037, Human Resources Code, as added by
Chapter 1284, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 22.039, Human Resources Code.
(97) Subsection (x), Section 32.024, Human Resources
Code, as added by Chapter 348, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (y), Section 32.024,
Human Resources Code.
(98) Section 32.053, Human Resources Code, as added by
Chapter 1470, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 32.054, Human Resources Code.
(99) Section 32.053, Human Resources Code, as added by
Chapter 408, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 32.055, Human Resources Code.
(100) Section 32.053, Human Resources Code, as added
by Chapter 584, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 32.056, Human Resources Code.
(101) Section 152.0013, Human Resources Code, as added
by Chapter 709, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 152.0014, Human Resources Code.
(102) Section 302.009, Labor Code, as added by Chapter
837, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 302.012, Labor Code.
(103) Section 302.044, Labor Code, as added by Chapter
299, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 302.047, Labor Code.
(104) Section 21.002, Local Government Code, as added
by Chapter 42, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 21.003, Local Government Code.
(105) Subsection (e), Section 118.011, Local
Government Code, as added by Chapter 794, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as Subsection
(f), Section 118.011, Local Government Code.
(106) Subsection (f), Section 118.011, Local
Government Code, as added by Chapter 794, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as Subsection
(g), Section 118.011, Local Government Code.
(107) Subchapter E, Chapter 212, Local Government
Code, as redesignated by Chapter 1420, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as Subchapter F,
Chapter 212, Local Government Code, and Sections 212.131, 212.132,
212.133, 212.134, 212.135, and 212.136, are renumbered as Sections
212.151, 212.152, 212.153, 212.154, 212.155, and 212.156, Local
Government Code, respectively.
(108) Chapter 378, Local Government Code, as added by
Chapter 1221, Acts of the 76th Legislature, Regular Session, 1999,
is renumbered as Chapter 379B, Local Government Code, and Sections
378.001, 378.002, 378.003, 378.004, 378.005, 378.006, 378.007,
378.008, 378.009, 378.010, 378.011, and 378.012, Local Government
Code, as added by that Act, are renumbered as Sections 379B.001,
379B.002, 379B.003, 379B.004, 379B.005, 379B.006, 379B.007,
379B.008, 379B.009, 379B.010, 379B.011, and 379B.012, Local
Government Code, respectively.
(109) Subsection (f), Section 381.004, Local
Government Code, as added by Chapter 1154, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as Subsection
(h), Section 381.004, Local Government Code.
(110) Chapter 384, Local Government Code, as added by
Chapter 1283, Acts of the 76th Legislature, Regular Session, 1999,
is renumbered as Chapter 387, Local Government Code, and Sections
384.001, 384.002, 384.003, 384.004, 384.005, 384.006, 384.007,
384.008, 384.009, 384.010, 384.011, and 384.012, Local Government
Code, as added by that Act, are renumbered as Sections 387.001,
387.002, 387.003, 387.004, 387.005, 387.006, 387.007, 387.008,
387.009, 387.010, 387.011, and 387.012, Local Government Code,
respectively.
(111) Section 11.084, Natural Resources Code, as added
by Chapter 1317, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 11.086, Natural Resources Code.
(112) Chapter 56, Occupations Code, as added by
Chapter 1420, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 58, Occupations Code, and Section 56.001,
Occupations Code, as added by that Act, is renumbered as Section
58.001, Occupations Code.
(113) Chapter 105, Occupations Code, as added by
Chapter 286, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 106, Occupations Code, and Section
105.001, Occupations Code, as added by that Act, is renumbered as
Section 106.001, Occupations Code.
(114) Chapter 304, Occupations Code, as added by
Chapter 1489, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Chapter 305, Occupations Code, and Sections
304.001, 304.002, 304.003, 304.004, 304.005, 304.006, 304.007,
304.008, 304.009, 304.010, 304.011, 304.012, 304.013, and 304.014,
Occupations Code, as added by that Act, are renumbered as Sections
305.001, 305.002, 305.003, 305.004, 305.005, 305.006, 305.007,
305.008, 305.009, 305.010, 305.011, 305.012, 305.013, and 305.014,
Occupations Code, respectively.
(115) Section 651.408, Occupations Code, as added by
Chapter 476, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 651.409, Occupations Code.
(116) Subsection (g), Section 42.09, Penal Code, as
added by Chapter 450, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (i), Section 42.09,
Penal Code.
(117) Subsection (g), Section 49.09, Penal Code, as
added by Chapter 969, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (h), Section 49.09,
Penal Code.
(118) Section 62.005, Property Code, as added by
Chapter 1055, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 63.005, Property Code.
(119) Section 93.004, Property Code, as added by
Chapter 1397, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 93.012, Property Code.
(120) Subsection (f), Section 11.182, Tax Code, as
added by Chapter 842, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (i), Section 11.182, Tax
Code.
(121) Section 11.184, Tax Code, as added by Chapter
1367, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 11.185, Tax Code.
(122) Section 11.439, Tax Code, as added by Chapter
125, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 11.4391, Tax Code.
(123) Subchapter S, Chapter 171, Tax Code, as added by
Chapter 1219, Acts of the 77th Legislature, Regular Session, 2001,
is relettered as Subchapter T, Chapter 171, Tax Code, and Sections
171.851, 171.852, 171.853, 171.854, 171.855, and 171.856, Tax Code,
as added by that Act, are renumbered as Sections 171.871, 171.872,
171.873, 171.874, 171.875, and 171.876, Tax Code, respectively.
(124) Subsection (e), Section 312.002, Tax Code, as
added by Chapter 1029, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (g), Section 312.002,
Tax Code.
(125) Section 201.614, Transportation Code, as added
by Chapter 1264, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 201.615, Transportation Code.
(126) Section 223.014, Transportation Code, as added
by Chapter 833, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 223.016, Transportation Code.
(127) Section 225.044, Transportation Code, as added
by Chapter 1420, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.049, Transportation Code.
(128) Section 225.044, Transportation Code, as added
by Chapter 1247, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.050, Transportation Code.
(129) Section 225.046, Transportation Code, as added
by Chapter 517, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.051, Transportation Code.
(130) Section 225.046, Transportation Code, as added
by Chapter 1098, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.052, Transportation Code.
(131) Section 225.046, Transportation Code, as added
by Chapter 1193, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.053, Transportation Code.
(132) Section 225.046, Transportation Code, as added
by Chapter 206, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.054, Transportation Code.
(133) Section 225.046, Transportation Code, as added
by Chapter 1170, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 225.055, Transportation Code.
(134) Section 502.2735, Transportation Code, as added
by Chapter 621, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 502.2722, Transportation Code.
(135) Section 542.008, Transportation Code, as added
by Chapter 497, Acts of the 77th Legislature, Regular Session,
2001, is renumbered as Section 542.009, Transportation Code.
(136) Subsection (c), Section 621.402, Transportation
Code, as added by Chapter 941, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (d), Section 621.402,
Transportation Code.
(137) Subdivision (12), Section 57.042, Utilities
Code, as added by Chapter 1220, Acts of the 77th Legislature,
Regular Session, 2001, is renumbered as Subdivision (13), Section
57.042, Utilities Code.
(138) Section 5.127, Water Code, as added by Chapter
1483, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 5.132, Water Code.
(139) Section 5.127, Water Code, as added by Chapter
728, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 5.133, Water Code.
(140) Section 5.127, Water Code, as added by Chapter
965, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 5.134, Water Code.
(141) Subdivision (12), Section 15.001, Water Code, as
added by Chapter 966, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Subdivision (13), Section 15.001,
Water Code.
(142) Subchapter O, Chapter 15, Water Code, as added
by Chapter 966, Acts of the 77th Legislature, Regular Session,
2001, is relettered as Subchapter Q, Chapter 15, Water Code, and
Sections 15.901, 15.902, 15.903, 15.904, 15.905, 15.906, 15.907,
15.908, 15.909, 15.910, and 15.911, Water Code, as added by that
Act, are renumbered as Sections 15.971, 15.972, 15.973, 15.974,
15.975, 15.976, 15.977, 15.978, 15.979, 15.980, and 15.981, Water
Code, respectively.
(143) Subchapter P, Chapter 15, Water Code, as added
by Chapter 966, Acts of the 77th Legislature, Regular Session,
2001, is relettered as Subchapter R, Chapter 15, Water Code, and
Sections 15.951, 15.952, 15.953, 15.954, and 15.955, Water Code, as
added by that Act, are renumbered as Sections 15.991, 15.992,
15.993, 15.994, and 15.995, Water Code, respectively.
(144) Section 26.050, Water Code, as added by Chapter
966, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 26.052, Water Code.
(145) Subsection (r), Section 26.3573, Water Code, as
added by Chapter 880, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (t), Section 26.3573,
Water Code.
(146) Subsection (s), Section 26.3573, Water Code, as
added by Chapter 880, Acts of the 77th Legislature, Regular
Session, 2001, is relettered as Subsection (u), Section 26.3573,
Water Code.
(147) Subdivision (18), Section 36.001, Water Code, as
added by Chapter 966, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Subdivision (23), Section 36.001,
Water Code.
(148) Section 49.234, Water Code, as added by Chapter
389, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 49.235, Water Code.
(149) Subchapter E, Chapter 51, Water Code, as added
by Chapter 1423, Acts of the 77th Legislature, Regular Session,
2001, is relettered as Subchapter F, Chapter 51, Water Code, and
Section 51.221, Water Code, as added by that Act, is renumbered as
Section 51.241.
(150) The heading to Subchapter F, Chapter 51, Water
Code, as added by Chapter 58, Acts of the 62nd Legislature, Regular
Session, 1971, is repealed.
SECTION 3. The following reference changes are made to
conform the provisions amended to the renumbering changes made by
Section 2 of this Act, and section headings are added as
appropriate:
(1) Subsection (a), Section 44.103, Business &
Commerce Code, as renumbered from Section 43.103, Business &
Commerce Code, by this Act, is amended to read as follows:
(a) The commission may adopt rules to administer this
subchapter. The commission shall adopt rules:
(1) requiring each local exchange telephone company to
inform its customers of the requirements of this subchapter by
annual inserts in billing statements mailed to customers or
conspicuous publication of the notice in the consumer information
pages of local telephone directories or other appropriate notice to
consumers;
(2) providing that a telemarketing call made to a
number on the Texas no-call list is not a violation of
Section 44.102 [43.102] if the telemarketing call is an isolated
occurrence made by a person who has in place adequate procedures to
comply with this subchapter; and
(3) providing for:
(A) the dissemination of the Texas no-call lists
in formats, including electronic formats, commonly used by persons
making telemarketing calls; and
(B) a fee for each such distribution not to
exceed $75.
(2) Subsections (k)-(m), Section 45.003, Business &
Commerce Code, as renumbered from Section 43.003, Business &
Commerce Code, by this Act, are amended to read as follows:
(k) Sections 45.002(3) and (4)(A) [43.002(3) and (4)(A)] do
not apply to a single sheet of paper that contains both a contest
entry form and an order form if the order form is perforated or
detachable and if the entry form must be separated from the order
form and returned to an address different from the return address
for the order form.
(l) Sections 45.002(2), (3), and (4) [43.002(2), (3), and
(4)] do not apply to a contest that is offered to promote a credit
card or a debit card if the official rules of the contest provide
that consumers are entered in the contest based on the number of
purchases made or the amount of money spent. A person who did not
qualify as an issuer as of January 1, 2001, is not eligible for the
exceptions under this subsection.
(m) Sections 45.002(2), (3), and (4) [43.002(2), (3), and
(4)] do not apply to a company that is offering a sweepstakes in
which the consumer must go to a physical location to obtain or use
the goods or services that are being sold by the company offering
the sweepstakes.
(3) Subsections (a) and (g), Section 13, Article
42.12, Code of Criminal Procedure, are amended to read as follows:
(a) A judge granting community supervision to a defendant
convicted of an offense under Chapter 49, Penal Code, shall require
as a condition of community supervision that the defendant submit
to:
(1) not less than three days of confinement in county
jail if the defendant was punished under Section 49.09(a); not less
than five days of confinement in county jail if the defendant was
punished under Section 49.09(a) and was subject to Section 49.09(h)
[49.09(g)]; not less than 10 days of confinement in county jail if
the defendant was punished under Section 49.09(b) or (c); or not
less than 30 days of confinement in county jail if the defendant was
convicted under Section 49.07; and
(2) an evaluation by a supervision officer or by a
person, program, or facility approved by the Texas Commission on
Alcohol and Drug Abuse for the purpose of having the facility
prescribe and carry out a course of conduct necessary for the
rehabilitation of the defendant's drug or alcohol dependence
condition.
(g) A jury that recommends community supervision for a
person convicted of an offense under Sections 49.04-49.08, Penal
Code, may recommend that any driver's license issued to the
defendant under Chapter 521, Transportation Code, not be suspended.
This subsection does not apply to a person punished under Section
49.09(a) or (b), Penal Code, and subject to Section 49.09(h)
[49.09(g)] of that code.
(4) Subdivision (7), Article 62.01, Code of Criminal
Procedure, is amended to read as follows:
(7) "Residence" includes a residence established in
this state by a person described by Article 62.063(e) [62.061(e)].
(5) Subsection (d), Section 21.412, Education Code, as
renumbered from Section 21.411, Education Code, by this Act, is
amended to read as follows:
(d) A school district may apply to the commissioner for
grants to be used to pay stipends to certified master technology
teachers in accordance with this section. Unless reduced under
Subsection (g) or (i), each grant is in the amount of $5,000. The
commissioner shall approve the application if the district:
(1) applies within the period and in the manner
required by rule adopted by the commissioner; and
(2) agrees to use each grant only for the purpose of
paying a year-end stipend to a master technology teacher:
(A) who holds a certificate issued under Section
21.0483 [21.0482];
(B) who teaches in a position prescribed by the
district;
(C) whose primary duties include serving as a
technology training mentor to other teachers for the amount of time
and in the manner established by the district and by rule adopted by
the commissioner; and
(D) who satisfies any other requirements
established by rule adopted by the commissioner.
(6) Subsections (a)-(c), Section 29.903, Education
Code, as added by Chapter 814, Acts of the 77th Legislature,
Regular Session, 2001, are amended to read as follows:
(a) A school district that provides instruction to students
in the principles and techniques of cardiopulmonary resuscitation
(CPR) may accept from the agency donations the agency receives
under Section 7.026 [7.025]. The district must use those donations
in providing instruction to students in the principles and
techniques of CPR. A district may accept other donations, including
donations of equipment, for use in providing the instruction.
(b) To the extent that resources are available to a school
district under Section 7.026 [7.025] or this section, the district
shall provide instruction to students in the principles and
techniques of CPR.
(c) A district may use resources other than those made
available under Section 7.026 [7.025] or this section to provide
instruction to students in the principles and techniques of CPR.
(7) Subsection (b), Section 51.856, Education Code, as
renumbered from Section 51.836, Education Code, by this Act, is
amended to read as follows:
(b) For a state fiscal biennium, the amount appropriated
from the undedicated portion of the general revenue fund under
Subsection (a) may not be less than the sum of:
(1) the amount of money deposited to the credit of the
account during that biennium under Section 51.855 [51.835]; and
(2) the market value of any in-kind contributions
accepted by the consortium during that biennium under Section
51.855 [51.835], as determined by the comptroller based on
information provided to the comptroller by the consortium and
verified by the coordinating board.
(8) Subsection (a), Section 51.857, Education Code, as
renumbered from Section 51.837, Education Code, by this Act, is
amended to read as follows:
(a) The coordinating board shall use money appropriated
under Section 52.856 [51.836] to award grants as described by
Subsection (c) on a competitive, peer-review basis to eligible
engineering institutions, eligible computer science institutions,
and eligible private or independent engineering institutions
meeting the requirements of Subsection (d) to:
(1) increase the number of graduates with
baccalaureate degrees in engineering and computer science;
(2) increase the size of engineering and computer
science programs;
(3) recruit students to enter engineering and computer
science programs, including:
(A) students from groups or backgrounds that are
traditionally underrepresented in the fields of engineering and
computer science, including female students; and
(B) students from public or private junior
colleges or technical institutes;
(4) provide scholarships for students in engineering
and computer science programs;
(5) provide retention and mentoring programs for
students in engineering and computer science programs;
(6) provide supplemental compensation for faculty and
support personnel in engineering and computer science departments;
(7) provide research and laboratory equipment to
engineering and computer science departments;
(8) provide for distance learning programs in
engineering and computer science; and
(9) fund other related activities.
(9) Subsection (b), Section 56.407, Education Code, as
renumbered from Section 56.357, Education Code, by this Act, is
amended to read as follows:
(b) The coordinating board may adopt rules that allow the
coordinating board to increase or decrease, in proportion to the
number of semester credit hours in which a student is enrolled, the
amount of a TEXAS grant II award under this section to a student who
is enrolled in a number of semester credit hours in excess of or
below the number of semester credit hours described in Section
56.404(a)(4) [56.354(a)(4)] or 56.405(a)(3) [56.355(a)(3)].
(10) Section 61.924, Education Code, as added by
Chapter 1489, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.9624, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 61.9624 [61.924]. ADMINISTRATION. The board shall
adopt rules and regulations for the administration of the
professional nursing shortage reduction program. The board shall
grant funds under Sections 61.9623(a)(1)(A) and (B)
[61.923(a)(1)(A) and (B)] in an equitable manner among the various
types of professional nursing programs. The board shall grant
funds under Section 61.9623(a)(1)(C) [61.923(a)(1)(C)] in a manner
that best promotes innovation in the recruitment and retention of
nursing students, including the recruitment and retention of
Spanish-speaking and bilingual students.
(11) Section 61.9409, Education Code, as added by
Chapter 1035, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.9659, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 61.9659 [61.9409]. TOTAL AMOUNT OF REPAYMENT
ASSISTANCE. The total amount of repayment assistance distributed by
the board under this subchapter may not exceed the total amount of
gifts and grants accepted by the board for repayment assistance,
tuition set aside under Section 61.9660 [61.9410], legislative
appropriations for repayment assistance, and other funds available
to the board for purposes of this subchapter.
(12) Section 61.952, Education Code, as added by
Chapter 1403, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.9722, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 61.9722 [61.952]. ELIGIBILITY. To be eligible to
receive repayment assistance, an attorney must:
(1) apply to the board;
(2) be employed by or have been offered employment
with the office of the attorney general at the time the attorney
applies for the assistance; and
(3) enter into an agreement to serve as an attorney
with the office of the attorney general as provided by Section
61.9723 [61.953].
(13) Subsection (b), Section 61.9683, Education Code,
as renumbered from Section 61.943, Education Code, by this Act, is
amended to read as follows:
(b) The agreement must include the following conditions:
(1) appropriated money may be deposited to the fund
only in an amount equal to matching funds deposited to the fund by
the National Geographic Society from other sources;
(2) the National Geographic Society shall provide to
the board an annual report describing the fund's investments,
earnings, operating procedures, and major programs; and
(3) if the board determines that the public purposes
described by Section 61.9681 [61.941] are not being accomplished,
the fund shall be dissolved and the fund balance shall be
distributed as follows:
(A) one-half to the general revenue fund; and
(B) the remainder to be returned to the donors of
any amount deposited to the fund for the preceding five years in
proportion to the amount of the donation, if the donor accepts the
return of the donation, and any remainder to the National
Geographic Society.
(14) Subsection (a), Section 61.9724, Education Code,
as renumbered from Section 61.954, Education Code, by this Act, is
amended to read as follows:
(a) For each year that an attorney serves as an attorney
with the office of the attorney general under an agreement under
Section 61.9723 [61.953], the attorney may receive repayment
assistance under this subchapter in an amount not to exceed $6,000.
(15) Subsection (b), Section 61.9729, Education Code,
as renumbered from Section 61.959, Education Code, by this Act, is
amended to read as follows:
(b) The board shall distribute a copy of the rules adopted
under this section and pertinent information in this subchapter to:
(1) each school of law authorized by the board to award
a degree described by Section 61.9725(a)(1) [61.955(a)(1)];
(2) any appropriate state agency; and
(3) any appropriate professional association.
(16) Section 61.960, Education Code, as added by
Chapter 1403, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.9730, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 61.9730 [61.960]. TOTAL AMOUNT OF REPAYMENT
ASSISTANCE. The total amount of repayment assistance distributed by
the board under this subchapter may not exceed the total amount of
gifts, grants, and donations accepted by the board for repayment
assistance and tuition set aside under Section 61.9731 [61.961].
(17) Section 61.962, Education Code, as added by
Chapter 1403, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 61.9732, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 61.9732 [61.962]. LIMITATIONS ON FUNDING. The loan
repayment program under this subchapter may be funded only from:
(1) gifts, grants, and donations accepted by the
board; and
(2) tuition set aside under Section 61.9731 [61.961].
(18) Subsection (a), Section 105.453, Education Code,
as renumbered from Section 105.113, Education Code, by this Act, is
amended to read as follows:
(a) The database required in Section 105.452 [105.112] may
contain only DNA genetic markers that are commonly recognized as
appropriate for human identification. Except to the extent that
those markers are appropriate for human identification, the
database may not contain DNA genetic markers that predict
biological function. The center shall select the DNA genetic
markers for inclusion in the DNA database based on existing
technology for forensic DNA analysis.
(19) Subsection (a), Section 105.458, Education Code,
as renumbered from Section 105.118, Education Code, by this Act, is
amended to read as follows:
(a) The center shall develop a standard release form that
authorizes a parent or other appropriate person to voluntarily
provide under Section 105.457 [105.117] a DNA sample or a personal
article for purposes of DNA sampling. The release must explain that
the DNA sample is to be used only to identify the high-risk missing
person.
(20) Subsection (a), Section 105.459, Education Code,
as renumbered from Section 105.119, Education Code, as provided by
this Act, is amended to read as follows:
(a) The law enforcement agency shall take DNA samples from
parents or other appropriate persons under Section 105.457
[105.117] in any manner prescribed by the center.
(21) Subsection (a), Section 105.460, Education Code,
as renumbered from Section 105.120, Education Code, as provided by
this Act, is amended to read as follows:
(a) Before submitting to the center a DNA sample obtained
under Section 105.457 [105.117], the law enforcement agency shall
reverify the status of a high-risk missing person.
(22) Subsection (b), Section 105.462, Education Code,
as renumbered from Section 105.122, Education Code, by this Act, is
amended to read as follows:
(b) The center may disclose the results of a forensic DNA
analysis only to:
(1) personnel of the center;
(2) law enforcement agencies;
(3) medical examiners;
(4) attorneys representing the state; and
(5) a parent or other appropriate person voluntarily
providing a DNA sample or an article under Section 105.457
[105.117].
(23) Subsection (a), Section 105.463, Education Code,
as renumbered from Section 105.123, Education Code, by this Act, is
amended to read as follows:
(a) A person who collects, processes, or stores a DNA sample
from a living person for forensic DNA analysis under this
subchapter commits an offense if the person intentionally violates
Section 105.461 [105.121] or 105.462 [105.122].
(24) Section 105.124, Education Code, as added by
Chapter 1496, Acts of the 77th Legislature, Regular Session, 2001,
is renumbered as Section 105.464, Education Code, as provided by
this Act, and amended to read as follows:
Sec. 105.464 [105.124]. CIVIL PENALTY. A person who
collects, processes, or stores a DNA sample from a living person for
forensic DNA analysis under this subchapter and who intentionally
violates Section 105.461 [105.121] or 105.462 [105.122] is liable
in civil damages to the donor of the DNA in the amount of $5,000 for
each violation, plus reasonable attorney's fees and court costs.
(25) Subsection (d), Section 51.08, Family Code, is
amended to read as follows:
(d) A court that has implemented a juvenile case manager
program under Article 45.060 [Article 45.054], Code of Criminal
Procedure, may, but is not required to, waive its original
jurisdiction under Subsection (b)(1).
(26) Subsection (c), Section 54.1113, Government
Code, as renumbered from Section 54.1053, Government Code, by this
Act, is amended to read as follows:
(c) Except as provided by other law requiring a party to
file a request for a hearing sooner, a party must file a request for
hearing with the referring court not later than the fifth day after
the date the magistrate signs the report under Section 54.1112
[54.1052]. The appeal to the referring court must specify the
orders of or recommendations or other actions taken by the
magistrate to which the party objects. The appeal is limited to the
orders, recommendations, or other actions taken which are specified
in the appeal.
(27) Subsection (b), Section 614.103, Government
Code, as renumbered from Section 614.073, Government Code, by this
Act, is amended to read as follows:
(b) On receiving a request for assistance, the director
shall determine whether to provide assistance and the amount of the
assistance to be provided, if any, based on the criteria developed
under Section 614.102 [614.072]. A written copy of the decision
shall be sent to the requestor.
(28) Subsections (a) and (c), Section 2054.352,
Government Code, as renumbered from Section 2054.252, Government
Code, by this Act, are amended to read as follows:
(a) The following licensing authorities shall participate
in the system established under Section 2054.353 [2054.253]:
(1) State Board of Barber Examiners;
(2) Texas Board of Chiropractic Examiners;
(3) Texas Cosmetology Commission;
(4) Court Reporters Certification Board;
(5) State Board of Dental Examiners;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Land Surveying;
(8) Texas State Board of Medical Examiners;
(9) Board of Nurse Examiners;
(10) Board of Vocational Nurse Examiners;
(11) Texas Optometry Board;
(12) Texas Structural Pest Control Board;
(13) Texas State Board of Pharmacy;
(14) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(15) Texas State Board of Plumbing Examiners;
(16) Texas State Board of Podiatric Medical Examiners;
(17) Board of Tax Professional Examiners;
(18) Polygraph Examiners Board;
(19) Texas State Board of Examiners of Psychologists;
(20) State Board of Veterinary Medical Examiners;
(21) Texas Real Estate Commission;
(22) Texas Appraiser Licensing and Certification
Board; and
(23) Texas Department of Licensing and Regulation.
(c) A licensing authority other than an authority listed by
Subsection (a) may participate in the system established under
Section 2054.353 [2054.253], subject to the approval of the
department.
(29) Subsections (a), (b), and (e), Section 2054.354,
Government Code, as renumbered from Section 2054.254, Government
Code, by this Act, are amended to read as follows:
(a) The steering committee for electronic occupational
licensing transactions consists of a representative of each of the
following, appointed by its governing body:
(1) each licensing authority listed by Section
2054.352(a) [2054.252(a)]; and
(2) the department.
(b) The governing body of a licensing authority described by
Section 2054.352(c) [2054.252(c)] may appoint a representative to
the committee.
(e) The committee shall advise the department regarding the
department's implementation of Section 2054.353 [2054.253].
(30) Subsection (f), Section 3, Article 5.102,
Insurance Code, is amended to read as follows:
(f) The comptroller shall credit assessments collected
under this article to the volunteer fire department assistance fund
created under Section 614.104 [614.074], Government Code.
(31) Subsection (f), Section 118.011, Local
Government Code, as added by Chapter 794, Acts of the 77th
Legislature, Regular Session, 2001, is relettered as Subsection
(g), Section 118.011, Local Government Code, as provided by this
Act, and amended to read as follows:
(g) [(f)] This subsection and Subsection (f) [(e)] expire
on September 1, 2008.
(32) Subsection (b), Section 118.025, Local
Government Code, is amended to read as follows:
(b) The commissioners court of a county that is adjacent to
an international boundary may adopt a records archive fee under
Section 118.011(f) [118.011(e)] as part of the county's annual
budget. The fee must be set and itemized in the county's budget as
part of the budget preparation process. The fee for "Records
Archive" under Section 118.011(f) [118.011(e)] is for the
preservation and restoration services performed by the county clerk
in connection with maintaining a county clerk's records archive.
(33) Section 212.134, Local Government Code, as
redesignated by Chapter 1420, Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Section 212.154, Local Government
Code, as provided by this Act, and amended to read as follows:
Sec. 212.154 [212.134]. LIMITATION ON ENFORCEMENT. A
restriction contained in a plan, plat, or other instrument that was
properly recorded before August 30, 1965, may be enforced as
provided by Section 212.153 [212.133], but a violation of a
restriction that occurred before that date may not be enjoined or
abated by the municipality as long as the nature of the violation
remains unchanged.
(34) Subsection (b), Section 379B.008, Local
Government Code, as renumbered from Section 378.008, Local
Government Code, by this Act, is amended to read as follows:
(b) For the base property and areas adjacent to the base
property the board shall:
(1) promote economic development;
(2) attempt to reduce unemployment;
(3) encourage the development of new industry by
private businesses; and
(4) encourage financing of projects designated under
Section 379B.009 [378.009].
(35) Subsection (b), Section 379B.011, Local
Government Code, as renumbered from Section 378.011, Local
Government Code, by this Act, is amended to read as follows:
(b) Section 25.07(a), Tax Code, applies to a leasehold or
other possessory interest in real property granted by an authority
for a project designated under Section 379B.009(a) [378.009(a)] in
the same manner as it applies to a leasehold or other possessory
interest in real property constituting a project described by
Section 4B(k), Development Corporation Act of 1979 (Article 5190.6,
Vernon's Texas Civil Statutes).
(36) Subsection (a), Section 387.007, Local
Government Code, as renumbered from Section 384.007, Local
Government Code, by this Act, is amended to read as follows:
(a) A district by order may impose a sales and use tax under
this chapter to finance the operations of the district only if the
tax is approved at an election held under Section 387.003
[384.003].
(37) Subsection (a), Section 387.010, Local
Government Code, as renumbered from Section 384.010, Local
Government Code, by this Act, is amended to read as follows:
(a) A district that has adopted a sales and use tax under
this chapter may, by order and subject to Section 387.007(b)
[384.007(b)], change the rate of the tax or repeal the tax if the
change or repeal is approved by a majority of the votes received in
the district at an election held for that purpose.
(38) Subsection (c), Section 63.004, Property Code, is
amended to read as follows:
(c) A lien that is converted to a purchase money lien on real
property under Section 63.003, or a lien for the debt for new
improvements thereon under Section 63.005 [62.005], may be
refinanced with another lien on the real property to which the
manufactured home is permanently attached as provided by Section
2.001.
(39) Subsection (e), Section 11.43, Tax Code, is
amended to read as follows:
(e) Except as provided by Section 11.422, 11.431, 11.433,
11.434, 11.435, [or] 11.439, or 11.4391, if a person required to
apply for an exemption in a given year fails to file timely a
completed application form, the person may not receive the
exemption for that year.
(40) Section 502.2861, Transportation Code, is
amended to read as follows:
Sec. 502.2861. MOTORIZED MOBILITY DEVICE. The owner of a
motorized mobility device, as defined by Section 542.009 [542.008],
is not required to register the motorized mobility device.
(41) Subsections (a) and (d), Section 521.344,
Transportation Code, are amended to read as follows:
(a) Except as provided by Sections 521.342(b) and 521.345,
and by Subsections (d)-(i), if a person is convicted of an offense
under Section 49.04 or 49.07, Penal Code, the license suspension:
(1) begins on a date set by the court that is not
earlier than the date of the conviction or later than the 30th day
after the date of the conviction, as determined by the court; and
(2) continues for a period set by the court according
to the following schedule:
(A) not less than 90 days or more than one year,
if the person is punished under Section 49.04 or 49.07, Penal Code,
except that if the person's license is suspended for a second or
subsequent offense under Section 49.07 committed within five years
of the date on which the most recent preceding offense was
committed, the suspension continues for a period of one year;
(B) not less than 180 days or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code;
or
(C) not less than one year or more than two years,
if the person is punished under Section 49.09(a) or (b), Penal Code,
and is subject to Section 49.09(h) [49.09(g)] of that code.
(d) Except as provided by Subsection (e) and Section
521.342(b), during a period of probation the department may not
revoke the person's license if the person is required under Section
13(h) or (j), Article 42.12, Code of Criminal Procedure, to
successfully complete an educational program designed to
rehabilitate persons who have operated motor vehicles while
intoxicated, unless the person was punished under Section 49.09(a)
or (b), Penal Code, and was subject to Section 49.09(h) [49.09(g)]
of that code. The department may not revoke the license of a
person:
(1) for whom the jury has recommended that the license
not be revoked under Section 13(g), Article 42.12, Code of Criminal
Procedure; or
(2) who is placed under community supervision under
that article and is required as a condition of community
supervision to not operate a motor vehicle unless the vehicle is
equipped with the device described by Section 13(i) of that
article, unless the person was punished under Section 49.09(a) or
(b), Penal Code, and was subject to Section 49.09(h) [49.09(g)] of
that code.
(42) Subsection (d), Section 15.978, Water Code, as
renumbered from Section 15.908, Water Code, by this Act, is amended
to read as follows:
(d) Proceeds from the sale of political subdivision bonds
under this section shall be deposited in the fund for use as
provided by Section 15.974 [15.904].
(43) Section 15.909, Water Code, as added by Chapter
966, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 15.979, Water Code, as provided by this Act,
and amended to read as follows:
Sec. 15.979 [15.909]. FUNDING FOR LOCAL ECONOMIC
DEVELOPMENT. (a) The board may use the fund to provide financial
assistance to an eligible political subdivision to enable the
political subdivision to fund loans and grants for projects that
conserve and develop the water resources of the political
subdivision for the ultimate benefit of the public, and that
develop and diversify its local economy, consistent with the terms
and conditions set forth in a program adopted by the governing body
of the political subdivision under authority granted by Section
15.980 [15.910].
(b) The board may not purchase political subdivision bonds
issued for the purposes described by Subsection (a) that are
secured in whole or in part by a pledge of ad valorem taxes unless
the political subdivision submits evidence satisfactory to the
board that the issuance of the bonds has been approved by the
citizens of the political subdivision voting at an election held
for the purposes described in Section 15.980 [15.910].
(44) Section 15.911, Water Code, as added by Chapter
966, Acts of the 77th Legislature, Regular Session, 2001, is
renumbered as Section 15.981, Water Code, as provided by this Act,
and amended to read as follows:
Sec. 15.981 [15.911]. CERTAIN OBLIGATIONS RESTRICTED. An
eligible political subdivision may not sell or incur obligations to
fund an economic development program established under authority
granted by Section 15.980 [15.910] that are payable in whole or in
part from ad valorem taxes unless the residents of the political
subdivision, voting at an election held for the purpose, approve
the issuance of obligations to fund an economic development program
for the provision of loans or grants to persons to construct
projects that will conserve and develop the water resources of the
political subdivision for the ultimate benefit of the public and
assist in developing and diversifying the local economy.
(45) Subsection (j), Section 16.053, Water Code, is
amended to read as follows:
(j) The board may provide financial assistance to political
subdivisions under Subchapters E and F of this chapter, Subchapters
C, D, E, F, J, O, Q, and R [P], Chapter 15, and Subchapters D, I, K,
and L, Chapter 17, for water supply projects only if:
(1) the board determines that the needs to be
addressed by the project will be addressed in a manner that is
consistent with the state water plan; and
(2) beginning January 5, 2002, the board:
(A) has approved a regional water plan as
provided by Subsection (i), and any required updates of the plan,
for the region of the state that includes the area benefiting from
the proposed project; and
(B) determines that the needs to be addressed by
the project will be addressed in a manner that is consistent with
that regional water plan.
(46) Subsection (c), Section 17.853, Water Code, is
amended to read as follows:
(c) The board may use the fund only:
(1) to provide state matching funds for federal funds
provided to the state water pollution control revolving fund or to
any additional state revolving fund created under Subchapter J,
Chapter 15;
(2) to provide financial assistance from the proceeds
of taxable bond issues to water supply corporations organized under
Chapter 67, and other participants;
(3) to provide financial assistance to participants
for the construction of water supply projects and treatment works;
(4) to provide financial assistance for an interim
construction period to participants for projects for which the
board will provide long-term financing through the water
development fund;
(5) to provide financial assistance for water supply
and sewer service projects in economically distressed areas as
provided by Subchapter K, Chapter 17, to the extent the board can
make that assistance without adversely affecting the current or
future integrity of the fund or of any other financial assistance
program of the board; and
(6) to provide funds to the water infrastructure fund
created under Section 15.973 [15.903].
(47) Subsection (a), Section 17.9615, Water Code, is
amended to read as follows:
(a) The board may direct the comptroller to transfer amounts
from the financial assistance account to the rural water assistance
fund to provide financial assistance under this subchapter for the
purposes provided in Section 15.994 [15.954].
(48) Subsection (a), Section 17.9616, Water Code, is
amended to read as follows:
(a) The board may direct the comptroller to transfer amounts
from the financial assistance account to the water infrastructure
fund to provide financial assistance under this subchapter for the
purposes provided in Section 15.974 [15.904].
SECTION 4. If the number, letter, or designation assigned
by Section 2 of this Act conflicts with a letter, number, or
designation assigned by another Act of the 78th Legislature:
(1) the other Act controls and the change made by this
Act has no effect; and
(2) any cross-reference change made by Section 3 of
this Act to conform to that change made by Section 2 of this Act has
no effect.
SECTION 5. This Act takes effect September 1, 2003.
* * * * *