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AN ACT
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relating to nonsubstantive additions to and corrections in enacted |
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codes, to the nonsubstantive codification or disposition of various |
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laws omitted from enacted codes, and to conforming codifications |
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enacted by the 79th Legislature to other Acts of that legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. This Act is enacted as part of the state's |
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continuing statutory revision program under Chapter 323, |
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Government Code. This Act is a revision for purposes of Section 43, |
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Article III, Texas Constitution, and has the purposes of: |
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(1) codifying without substantive change or providing |
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for other appropriate disposition of various statutes that were |
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omitted from enacted codes; |
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(2) conforming codifications enacted by the 79th |
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Legislature to other Acts of that legislature that amended the laws |
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codified or added new law to subject matter codified; |
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(3) making necessary corrections to enacted |
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codifications; and |
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(4) renumbering titles, chapters, and sections of |
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codes that duplicate title, chapter, or section numbers. |
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SECTION 1.002. (a) The repeal of a statute by this Act does |
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not affect an amendment, revision, or reenactment of the statute by |
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the 80th Legislature, Regular Session, 2007. The amendment, |
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revision, or reenactment is preserved and given effect as part of |
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the code provision that revised the statute so amended, revised, or |
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reenacted. |
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(b) If any provision of this Act conflicts with a statute |
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enacted by the 80th Legislature, Regular Session, 2007, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
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SECTION 2.001. Sections 301.104, 301.108, and 301.258, |
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Agriculture Code, as added by Chapter 1276, Acts of the 78th |
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Legislature, Regular Session, 2003, are repealed to conform to the |
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repeal of the law from which those sections were derived by Section |
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21.013, Chapter 816, Acts of the 78th Legislature, Regular Session, |
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2003. |
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ARTICLE 2A. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 2A.001. Section 17.08(a)(5), Business & Commerce |
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Code, is amended to correct a reference to read as follows: |
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(5) "State seal" means the state seal, the reverse of |
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the state seal, and the state arms as defined by Sections 3101.001 |
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and 3101.002, Government Code [Article 6139f, Revised Statutes]. |
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ARTICLE 3. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 3.001. Article 45.051(f), Code of Criminal |
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Procedure, as amended by Chapters 281 and 357, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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correct a reference to read as follows: |
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(f) This article does not apply to: |
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(1) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies; or |
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(2) a violation of a state law or local ordinance |
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relating to motor vehicle control, other than a parking violation, |
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committed by a person who: |
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(A) holds a commercial driver's license; or |
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(B) held a commercial driver's license when the |
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offense was committed. |
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SECTION 3.002. (a) Article 62.001(5), Code of Criminal |
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Procedure, as renumbered from former Article 62.01(5), Code of |
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Criminal Procedure, and amended by Chapter 1008, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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conform to an amendment to former Article 62.01(5) by Chapter 1273, |
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Acts of the 79th Legislature, Regular Session, 2005, to read as |
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follows: |
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(5) "Reportable conviction or adjudication" means a |
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conviction or adjudication, including an adjudication of |
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delinquent conduct or a deferred adjudication, that, regardless of |
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the pendency of an appeal, is a conviction for or an adjudication |
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for or based on: |
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(A) a violation of Section 21.11 (Indecency with |
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a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual |
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assault), or 25.02 (Prohibited sexual conduct), Penal Code; |
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(B) a violation of Section 43.05 (Compelling |
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prostitution), 43.25 (Sexual performance by a child), or 43.26 |
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(Possession or promotion of child pornography), Penal Code; |
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(C) a violation of Section 20.04(a)(4) |
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(Aggravated kidnapping), Penal Code, if the actor committed the |
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offense or engaged in the conduct with intent to violate or abuse |
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the victim sexually; |
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(D) a violation of Section 30.02 (Burglary), |
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Penal Code, if the offense or conduct is punishable under |
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Subsection (d) of that section and the actor committed the offense |
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or engaged in the conduct with intent to commit a felony listed in |
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Paragraph (A) or (C); |
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(E) a violation of Section 20.02 (Unlawful |
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restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping), |
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Penal Code, if, as applicable: |
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(i) the judgment in the case contains an |
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affirmative finding under Article 42.015; or |
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(ii) the order in the hearing or the papers |
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in the case contain an affirmative finding that the victim or |
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intended victim was younger than 17 years of age; |
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(F) the second violation of Section 21.08 |
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(Indecent exposure), Penal Code, but not if the second violation |
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results in a deferred adjudication; |
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(G) an attempt, conspiracy, or solicitation, as |
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defined by Chapter 15, Penal Code, to commit an offense or engage in |
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conduct listed in Paragraph (A), (B), (C), (D), or (E); |
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(H) a violation of the laws of another state, |
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federal law, the laws of a foreign country, or the Uniform Code of |
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Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of an offense listed under Paragraph (A), (B), (C), (D), (E), [or] |
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(G), or (J), but not if the violation results in a deferred |
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adjudication; [or] |
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(I) the second violation of the laws of another |
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state, federal law, the laws of a foreign country, or the Uniform |
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Code of Military Justice for or based on the violation of an offense |
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containing elements that are substantially similar to the elements |
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of the offense of indecent exposure, but not if the second violation |
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results in a deferred adjudication; or |
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(J) a violation of Section 33.021 (Online |
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solicitation of a minor), Penal Code. |
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(b) Section 2, Chapter 1273, Acts of the 79th Legislature, |
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Regular Session, 2005, which amended former Subdivision (5), |
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Article 62.01, Code of Criminal Procedure, is repealed. |
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ARTICLE 4. CHANGES RELATING TO EDUCATION CODE |
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SECTION 4.001. Section 7.005, Education Code, is amended to |
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correct a cross-reference to read as follows: |
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Sec. 7.005. COOPERATION BETWEEN STATE AGENCIES OF |
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EDUCATION. The State Board of Education and the Texas Higher |
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Education Coordinating Board, in conjunction with other |
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appropriate agencies, shall ensure that long-range plans and |
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educational programs established by each board provide a |
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comprehensive education for the students of this state under the |
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jurisdiction of that board, extending from early childhood |
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education through postgraduate study. In assuring that programs |
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are coordinated, the boards shall use the P-16 Council established |
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under Section 61.076 [61.077]. |
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SECTION 4.002. The heading to Section 21.035, Education |
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Code, is amended to conform to Section 1.04(a), Chapter 1227, Acts |
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of the 79th Legislature, Regular Session, 2005, to read as follows: |
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Sec. 21.035. ADMINISTRATION BY AGENCY [APPLICATION OF
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SUNSET ACT]. |
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SECTION 4.003. Section 25.086(a), Education Code, as |
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amended by Chapters 377, 887, and 1339, Acts of the 79th |
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Legislature, Regular Session, 2005, is reenacted and amended to |
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read as follows: |
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(a) A child is exempt from the requirements of compulsory |
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school attendance if the child: |
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(1) attends a private or parochial school that |
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includes in its course a study of good citizenship; |
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(2) is eligible to participate in a school district's |
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special education program under Section 29.003 and cannot be |
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appropriately served by the resident district; |
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(3) has a physical or mental condition of a temporary |
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and remediable nature that makes the child's attendance infeasible |
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and holds a certificate from a qualified physician specifying the |
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temporary condition, indicating the treatment prescribed to remedy |
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the temporary condition, and covering the anticipated period of the |
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child's absence from school for the purpose of receiving and |
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recuperating from that remedial treatment; |
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(4) is expelled in accordance with the requirements of |
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law in a school district that does not participate in a mandatory |
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juvenile justice alternative education program under Section |
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37.011; |
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(5) is at least 17 years of age and: |
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(A) is attending a course of instruction to |
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prepare for the high school equivalency examination, and: |
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(i) has the permission of the child's parent |
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or guardian to attend the course; |
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(ii) is required by court order to attend |
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the course; |
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(iii) has established a residence separate |
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and apart from the child's parent, guardian, or other person having |
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lawful control of the child; or |
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(iv) is homeless as defined by 42 U.S.C. |
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Section 11302; or |
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(B) has received a high school diploma or high |
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school equivalency certificate; |
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(6) is at least 16 years of age and is attending a |
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course of instruction to prepare for the high school equivalency |
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examination, if: |
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(A) the child is recommended to take the course |
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of instruction by a public agency that has supervision or custody of |
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the child under a court order; or |
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(B) the child is enrolled in a Job Corps training |
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program under the Workforce Investment Act of 1998 (29 U.S.C. |
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Section 2801 et seq.); |
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[(B)
the child is enrolled in a Job Corps
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training program under 29 U.S.C. Section 2881 et seq.;] |
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(7) is at least 16 years of age and is enrolled in a |
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high school diploma program under Chapter 18; |
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(8) [(7)] is enrolled in the Texas Academy of |
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Mathematics and Science under Subchapter G, Chapter 105; |
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(9) [(8)] is enrolled in the Texas Academy of |
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Leadership in the Humanities; |
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(10) [(9)] is enrolled in the Texas Academy of |
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Mathematics and Science at The University of Texas at Brownsville; |
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(11) [(9)] is enrolled in the Texas Academy of |
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International Studies; or |
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(12) [(10)] is specifically exempted under another |
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law. |
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SECTION 4.004. Section 28.024, Education Code, as amended |
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by Chapters 887 and 1339, Acts of the 79th Legislature, Regular |
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Session, 2005, is reenacted and amended to read as follows: |
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Sec. 28.024. CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES. A |
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school district shall grant to a student credit toward the academic |
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course requirements for high school graduation, up to a maximum of |
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two years of credit, for courses the student successfully completes |
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at: |
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(1) the Texas Academy of Leadership in the Humanities |
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under Section 96.707; |
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(2) the Texas Academy of Mathematics and Science under |
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Subchapter G, Chapter 105; [or] |
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(3) the Texas Academy of Mathematics and Science under |
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Section 78.10; or |
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(4) [(3)] the Texas Academy of International Studies |
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under Section 87.505. |
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SECTION 4.005. Section 29.161(a), Education Code, is |
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amended to correct a cross-reference to read as follows: |
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(a) The State Center for Early Childhood Development, in |
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conjunction with the P-16 Council established under Section 61.076 |
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[61.077], shall develop and adopt a school readiness certification |
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system for use in certifying the effectiveness of prekindergarten |
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programs, Head Start and Early Head Start programs, |
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government-subsidized child-care programs provided by nonprofit or |
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for-profit entities, government-subsidized faith-based child-care |
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programs, and other government-subsidized child-care programs in |
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preparing children for kindergarten. The system shall be made |
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available on a voluntary basis to program providers seeking to |
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obtain certification as evidence of the quality of the program |
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provided. |
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SECTION 4.006. Section 29.908(b-2), Education Code, is |
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amended to correct a cross-reference to read as follows: |
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(b-2) The P-16 Council established under Section 61.076 |
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[61.077] shall provide guidance in case of any conflict that arises |
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between parties to an articulation agreement under Subsection |
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(b)(3). |
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SECTION 4.007. Section 32.153(d), Education Code, as added |
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by Chapter 1216, Acts of the 78th Legislature, Regular Session, |
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2003, is amended to correct references to read as follows: |
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(d) The P-16 Council [joint advisory committee] established |
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under Section 61.076 [61.077, or any successor to that committee
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with advisory responsibility for coordination between secondary
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and postsecondary education,] shall serve in an advisory capacity |
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to the agency and the Department of Information Resources in |
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connection with functions relating to the portal. |
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SECTION 4.008. Section 38.016(e), Education Code, is |
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amended to correct a reference to read as follows: |
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(e) An act in violation of Subsection (b) does not override |
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the immunity from personal liability granted in Section 22.0511 |
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[22.051] or other law or the district's sovereign and governmental |
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immunity. |
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SECTION 4.009. The heading to Section 39.132, Education |
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Code, is amended to more accurately reflect the substance of that |
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section to read as follows: |
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Sec. 39.132. SANCTIONS FOR ACADEMICALLY UNACCEPTABLE [AND
|
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CERTAIN OTHER] CAMPUSES. |
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SECTION 4.010. Section 61.076, Education Code, is amended |
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by adding Subsection (h) to read as follows: |
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(h) The council, in conjunction with the State Center for |
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Early Childhood Development, shall develop and adopt a school |
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readiness certification system as required by Section 29.161. |
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SECTION 4.011. Section 61.077, Education Code, is repealed. |
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ARTICLE 5. CHANGES RELATING TO ELECTION CODE |
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SECTION 5.001. Section 42.006(d), Election Code, as amended |
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by Chapter 742, Acts of the 79th Legislature, Regular Session, |
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2005, is repealed to conform to Chapter 1107, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
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SECTION 5.002. (a) Section 501.032(a), Election Code, as |
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added by Section 1, Chapter 975, Acts of the 79th Legislature, |
|
Regular Session, 2005, is amended to conform to Section 1, Chapter |
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890, Acts of the 79th Legislature, Regular Session, 2005, to read as |
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follows: |
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(a) The commissioners court, at its next regular session on |
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or after the 30th day after the date the petition is filed, shall |
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order a local option election to be held on the issue set out in the |
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petition if the petition is filed with the voter registrar not later |
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than the 60th day after the date the petition is issued and bears |
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the actual signatures of a number of qualified voters of the |
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political subdivision equal to at least: |
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(1) 35 percent of the registered voters in the |
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subdivision who voted in the most recent gubernatorial election for |
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a ballot issue that permits voting for or against: |
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(A) "The legal sale of all alcoholic beverages |
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for off-premise consumption only."; |
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(B) "The legal sale of all alcoholic beverages |
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except mixed beverages."; |
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(C) "The legal sale of all alcoholic beverages |
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including mixed beverages."; or |
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(D) "The legal sale of mixed beverages."; |
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(2) 25 percent of the registered voters in the |
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political subdivision who voted in the most recent general election |
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for a ballot issue that permits voting for or against "The legal |
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sale of wine on the premises of a holder of a winery permit."; or |
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(3) 35 percent of the registered voters in the |
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political subdivision who voted in the most recent gubernatorial |
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election for an election on any other ballot issue. |
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(b) Section 1, Chapter 890, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), Section |
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251.11, Alcoholic Beverage Code, is repealed. |
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SECTION 5.003. (a) Section 501.035, Election Code, as |
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added by Section 1, Chapter 975, Acts of the 79th Legislature, |
|
Regular Session, 2005, is amended to conform to Section 2, Chapter |
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890, Acts of the 79th Legislature, Regular Session, 2005, by adding |
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Subsection (h) to read as follows: |
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(h) Subject to Section 251.81, Alcoholic Beverage Code, a |
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wine only package store permit may be issued for premises in an area |
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in which the sale of wine has been legalized by a local option |
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election under Subsection (b)(3) or (4). |
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(b) Section 2, Chapter 890, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Subsection (d) to former Section |
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251.14, Alcoholic Beverage Code, is repealed. |
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ARTICLE 6. CHANGES RELATING TO FINANCE CODE |
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SECTION 6.001. Section 232.002, Family Code, is amended to |
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read as follows: |
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Sec. 232.002. LICENSING AUTHORITIES SUBJECT TO CHAPTER. The |
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following are licensing authorities subject to this chapter: |
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(1) Department of Agriculture; |
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(2) Texas Alcoholic Beverage Commission; |
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(3) Texas Appraiser Licensing and Certification |
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Board; |
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(4) Texas Board of Architectural Examiners; |
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(5) Texas Board of Chiropractic Examiners; |
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(6) Comptroller of Public Accounts; |
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(7) Court Reporters Certification Board; |
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(8) State Board of Dental Examiners; |
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(9) Texas State Board of Examiners of Dietitians; |
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(10) Texas Funeral Service Commission; |
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(11) Department of State Health Services; |
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(12) Department of Aging and Disability Services; |
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(13) Texas Board of Professional Land Surveying; |
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(14) Texas Department of Licensing and Regulation; |
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(15) Texas State Board of Examiners of Marriage and |
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Family Therapists; |
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(16) Texas State Board of Medical Examiners; |
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(17) Midwifery Board; |
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(18) Texas Commission on Environmental Quality; |
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(19) Board of Nurse Examiners; |
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(20) Texas Board of Occupational Therapy Examiners; |
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(21) Texas Optometry Board; |
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(22) Parks and Wildlife Department; |
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(23) Texas State Board of Examiners of Perfusionists; |
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(24) Texas State Board of Pharmacy; |
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(25) Texas Board of Physical Therapy Examiners; |
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(26) Texas State Board of Plumbing Examiners; |
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(27) Texas State Board of Podiatric Medical Examiners; |
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(28) Polygraph Examiners Board; |
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(29) Texas Private Security Board; |
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(30) Texas State Board of Examiners of Professional |
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Counselors; |
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(31) Texas Board of Professional Engineers; |
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(32) Department of Family and Protective Services; |
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(33) Texas State Board of Examiners of Psychologists; |
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(34) Texas State Board of Public Accountancy; |
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(35) Department of Public Safety of the State of |
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Texas; |
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(36) Public Utility Commission of Texas; |
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(37) Railroad Commission of Texas; |
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(38) Texas Real Estate Commission; |
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(39) State Bar of Texas; |
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(40) Texas State Board of Social Worker Examiners; |
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(41) State Board of Examiners for Speech-Language |
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Pathology and Audiology; |
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(42) Texas Structural Pest Control Board; |
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(43) Board of Tax Professional Examiners; |
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(44) Secretary of State; |
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(45) Supreme Court of Texas; |
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(46) Texas Transportation Commission; |
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(47) State Board of Veterinary Medical Examiners; |
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(48) Texas Ethics Commission; |
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(49) Advisory Board of Athletic Trainers; |
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(50) State Committee of Examiners in the Fitting and |
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Dispensing of Hearing Instruments; |
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(51) Texas Board of Licensure for Professional Medical |
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Physicists; |
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(52) Texas Department of Insurance; |
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(53) Texas Board of Orthotics and Prosthetics; |
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(54) savings and mortgage lending [loan] |
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commissioner; |
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(55) Texas Juvenile Probation Commission; and |
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(56) Texas Lottery Commission under Chapter 466, |
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Government Code. |
|
SECTION 6.002. Section 11.001(b), Finance Code, is amended |
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to read as follows: |
|
(b) In this chapter, "finance agency" means: |
|
(1) the Texas Department of Banking; |
|
(2) the Department of Savings and Mortgage Lending |
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[Loan Department]; or |
|
(3) the Office of Consumer Credit Commissioner. |
|
SECTION 6.003. Section 11.002(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The finance commission is responsible for overseeing |
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and coordinating the Texas Department of Banking, the Department of |
|
Savings and Mortgage Lending [Loan Department], and the Office of |
|
Consumer Credit Commissioner and serves as the primary point of |
|
accountability for ensuring that state depository and lending |
|
institutions function as a system, considering the broad scope of |
|
the financial services industry. The finance commission is the |
|
policy-making body for those finance agencies and is not a separate |
|
state agency. The finance commission shall carry out its functions |
|
in a manner that protects consumer interests, maintains a safe and |
|
sound banking system, and increases the economic prosperity of the |
|
state. |
|
SECTION 6.004. Section 11.102(f), Finance Code, is amended |
|
to read as follows: |
|
(f) Experience as banking commissioner, deputy banking |
|
commissioner, examiner, or supervisor of examiners for a state or |
|
federal banking regulatory agency is considered executive |
|
experience in a bank for the purposes of Subsection (e)(1)(A). |
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Experience as savings and mortgage lending [loan] commissioner, |
|
deputy savings and mortgage lending [loan] commissioner, examiner, |
|
or supervisor of examiners for a state or federal savings and loan |
|
regulatory agency is considered executive experience in a savings |
|
association or savings bank for the purposes of Subsection |
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(e)(2)(A). |
|
SECTION 6.005. Section 11.103(b), Finance Code, is amended |
|
to read as follows: |
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(b) If the banking commissioner, savings and mortgage |
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lending [loan] commissioner, or consumer credit commissioner has |
|
knowledge that a potential ground for removal exists, the banking |
|
commissioner, savings and mortgage lending [loan] commissioner, or |
|
consumer credit commissioner shall notify the presiding officer of |
|
the finance commission of the potential ground. The presiding |
|
officer shall then notify the governor and the attorney general |
|
that a potential ground for removal exists. If the potential ground |
|
for removal involves the presiding officer, the banking |
|
commissioner, savings and mortgage lending [loan] commissioner, or |
|
consumer credit commissioner shall notify the next highest ranking |
|
officer of the finance commission, who shall then notify the |
|
governor and the attorney general that a potential ground for |
|
removal exists. |
|
SECTION 6.006. Section 11.107(c), Finance Code, is amended |
|
to read as follows: |
|
(c) The presiding officer may: |
|
(1) adopt rules and procedures as the presiding |
|
officer considers necessary for the orderly operation of the |
|
finance commission and for communication among the finance |
|
commission, the department, the Department of Savings and Mortgage |
|
Lending [Loan Department], and the Office of Consumer Credit |
|
Commissioner; |
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(2) adopt internal procedures governing the time and |
|
place of meetings, the type of notice for special public meetings, |
|
the manner in which public meetings are to be conducted, and other |
|
similar matters; and |
|
(3) appoint committees composed of finance commission |
|
members as the presiding officer considers necessary to carry out |
|
the commission's business. |
|
SECTION 6.007. Section 11.111, Finance Code, is amended to |
|
read as follows: |
|
Sec. 11.111. SEPARATION OF FUNCTIONS. The finance |
|
commission shall develop and implement policies that clearly |
|
separate the policymaking responsibilities of the finance |
|
commission and the management responsibilities of the banking |
|
commissioner, savings and mortgage lending [loan] commissioner, |
|
and consumer credit commissioner and staff of the finance agencies. |
|
SECTION 6.008. Section 11.303, Finance Code, is amended to |
|
read as follows: |
|
Sec. 11.303. DISCLOSURE OF CERTAIN INFORMATION TO FINANCE |
|
COMMISSION PROHIBITED. Information regarding the financial |
|
condition of a state savings association or savings bank obtained |
|
through examination or otherwise may not be disclosed to a member of |
|
the finance commission, except that the savings and mortgage |
|
lending [loan] commissioner may disclose to the finance commission |
|
a file or record pertinent to a hearing or matter pending before the |
|
commission. |
|
SECTION 6.009. Section 11.305(d), Finance Code, is amended |
|
to read as follows: |
|
(d) The Texas Department of Banking and the Department of |
|
Savings and Mortgage Lending [Loan Department] shall jointly |
|
conduct a continuing review of the condition of the state banking |
|
system. The review must include a review of all available national |
|
and state economic forecasts and an analysis of changing banking |
|
practices and new banking legislation. Periodically the |
|
departments shall submit a report to the finance commission on the |
|
results of the review, including information relating to the |
|
condition of the state banking system at the time of the report and |
|
the predicted condition of that system in the future. |
|
SECTION 6.010. Section 11.3055, Finance Code, is amended to |
|
read as follows: |
|
Sec. 11.3055. FINANCIAL SERVICES STUDY. (a) The finance |
|
commission may assign the banking commissioner, savings and |
|
mortgage lending [loan] commissioner, or consumer credit |
|
commissioner to conduct research on: |
|
(1) the availability, quality, and prices of financial |
|
services, including lending and depository services, offered in |
|
this state to agricultural businesses, small businesses, and |
|
individual consumers in this state; and |
|
(2) the practices of business entities in this state |
|
that provide financial services to agricultural businesses, small |
|
businesses, and individual consumers in this state. |
|
(b) The banking commissioner, savings and mortgage lending |
|
[loan] commissioner, or consumer credit commissioner may: |
|
(1) apply for and receive public and private grants |
|
and gifts to conduct the research authorized by this section; and |
|
(2) contract with public and private entities to carry |
|
out studies and analyses under this section. |
|
SECTION 6.011. Section 11.307(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The finance commission shall adopt rules applicable to |
|
each entity regulated by the Texas Department of Banking or the |
|
Department of Savings and Mortgage Lending [Loan Department] |
|
specifying the manner in which the entity provides consumers with |
|
information on how to file complaints with the appropriate agency. |
|
SECTION 6.012. The heading of Chapter 13, Finance Code, is |
|
amended to read as follows: |
|
CHAPTER 13. DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN
|
|
DEPARTMENT] |
|
SECTION 6.013. Section 13.002, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.002. SAVINGS AND MORTGAGE LENDING [LOAN] |
|
COMMISSIONER. (a) The savings and mortgage lending [loan] |
|
commissioner is the chief executive officer of the Department of |
|
Savings and Mortgage Lending [Loan Department]. The finance |
|
commission, by at least five affirmative votes, shall appoint the |
|
savings and mortgage lending [loan] commissioner. The savings and |
|
mortgage lending [loan] commissioner serves at the will of the |
|
finance commission and is subject to the finance commission's |
|
orders and direction. |
|
(b) The savings and mortgage lending [loan] commissioner |
|
must have not less than seven years' experience in the executive |
|
management of a savings association or savings bank or in savings |
|
association or savings bank supervision. |
|
(c) The finance commission shall set the compensation of the |
|
savings and mortgage lending [loan] commissioner. The compensation |
|
shall be paid from money of the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
SECTION 6.014. Section 13.003, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.003. DEPUTY COMMISSIONERS. (a) The savings and |
|
mortgage lending [loan] commissioner shall appoint one or more |
|
deputy savings and mortgage lending [loan] commissioners. |
|
(b) One deputy savings and mortgage lending [loan] |
|
commissioner must have the qualifications required of the savings |
|
and mortgage lending [loan] commissioner. During the savings and |
|
mortgage lending [loan] commissioner's absence or inability to |
|
serve, that deputy savings and mortgage lending [loan] commissioner |
|
has the powers and shall perform the duties of the savings and |
|
mortgage lending [loan] commissioner. |
|
SECTION 6.015. Section 13.004, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.004. EXAMINERS. The savings and mortgage lending |
|
[loan] commissioner shall appoint savings association and savings |
|
bank examiners. |
|
SECTION 6.016. Section 13.005, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.005. COMPENSATION OF OFFICERS AND EMPLOYEES. (a) |
|
Subject to Subsection (b), each officer and employee of the |
|
Department of Savings and Mortgage Lending [Loan Department] is |
|
entitled to compensation set by the finance commission. The |
|
compensation shall be paid from the money of the Department of |
|
Savings and Mortgage Lending [Loan Department]. |
|
(b) Chapter 654, Government Code, applies to a position of |
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
only if it is classified in salary groups 1-10 under the General |
|
Appropriations Act. The legislature in the General Appropriations |
|
Act may determine the total amount appropriated to the Department |
|
of Savings and Mortgage Lending [Loan Department] but may not |
|
determine the number or salaries of employees other than the |
|
positions specifically subject to Chapter 654, Government Code, as |
|
provided by this section. The finance commission, subject to the |
|
limits provided by this section, shall otherwise determine the |
|
number of employees of the Department of Savings and Mortgage |
|
Lending [Loan Department] and the salaries of those employees. The |
|
Department of Savings and Mortgage Lending [Loan Department] may |
|
use money appropriated to it for any purpose to pay the salaries |
|
determined by the finance commission. |
|
SECTION 6.017. Section 13.006, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.006. OATH OF OFFICE. Before assuming the duties of |
|
office, each deputy savings and mortgage lending [loan] |
|
commissioner, examiner, assistant examiner, conservator, |
|
supervisor, and special agent and each other officer or employee |
|
specified by the savings and mortgage lending [loan] commissioner |
|
must take an oath of office to discharge faithfully the duties |
|
assigned and uphold the constitution and laws of this state and the |
|
United States. |
|
SECTION 6.018. Section 13.007, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.007. GENERAL POWERS AND DUTIES OF COMMISSIONER. |
|
The savings and mortgage lending [loan] commissioner shall: |
|
(1) supervise and regulate the organization, |
|
operation, and liquidation of state savings associations, as |
|
provided by Subtitle B, Title 3, and state savings banks, as |
|
provided by Subtitle C, Title 3; and |
|
(2) enforce those subtitles personally or through a |
|
deputy savings and mortgage lending [loan] commissioner, examiner, |
|
supervisor, conservator, or other agent. |
|
SECTION 6.019. Sections 13.008(b) and (c), Finance Code, |
|
are amended to read as follows: |
|
(b) The savings and mortgage lending [loan] commissioner |
|
shall: |
|
(1) collect all fees, penalties, charges, and revenue |
|
required to be paid by state savings associations and savings |
|
banks; and |
|
(2) periodically submit to the finance commission, as |
|
directed by the finance commission, a complete report of the |
|
receipts and expenditures of the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
(c) The cost of an audit of the financial transactions of |
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
under Chapter 321, Government Code, shall be paid to the state |
|
auditor from the money of the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
SECTION 6.020. Sections 13.010(b), (c), and (d), Finance |
|
Code, are amended to read as follows: |
|
(b) A person may not be a Department of Savings and Mortgage |
|
Lending [Loan Department] employee employed in a "bona fide |
|
executive, administrative, or professional capacity," as that |
|
phrase is used for purposes of establishing an exemption to the |
|
overtime provisions of the federal Fair Labor Standards Act of 1938 |
|
(29 U.S.C. Section 201 et seq.), and its subsequent amendments, if: |
|
(1) the person is an officer, employee, or paid |
|
consultant of a Texas trade association in a field regulated by the |
|
Department of Savings and Mortgage Lending [Loan Department]; or |
|
(2) the person's spouse is an officer, manager, or paid |
|
consultant of a Texas trade association in a field regulated by the |
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
(c) A person may not act as the general counsel to the |
|
Department of Savings and Mortgage Lending [Loan Department] if the |
|
person is required to register as a lobbyist under Chapter 305, |
|
Government Code, because of the person's activities for |
|
compensation on behalf of a profession related to the operation of |
|
the Department of Savings and Mortgage Lending. [Loan Department] |
|
(d) Before the 11th day after the date on which an employee |
|
begins employment with the Department of Savings and Mortgage |
|
Lending [Loan Department], the employee shall read the |
|
conflict-of-interest statutes applicable to employees of the |
|
Department of Savings and Mortgage Lending [Loan Department] and |
|
sign a notarized affidavit stating that the employee has read those |
|
statutes. |
|
SECTION 6.021. Sections 13.011(a), (c), (d), and (e), |
|
Finance Code, are amended to read as follows: |
|
(a) The savings and mortgage lending [loan] commissioner |
|
shall prepare information of consumer interest describing: |
|
(1) the regulatory functions of the Department of |
|
Savings and Mortgage Lending [Loan Department]; and |
|
(2) the procedures by which consumer complaints are |
|
filed with and resolved by the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
(c) The Department of Savings and Mortgage Lending [Loan
|
|
Department] shall maintain a file on each written complaint filed |
|
with the Department of Savings and Mortgage Lending [Loan
|
|
Department]. The file must include: |
|
(1) the name of the person who filed the complaint; |
|
(2) the date the complaint is received by the |
|
Department of Savings and Mortgage Lending [Loan Department]; |
|
(3) the subject matter of the complaint; |
|
(4) the name of each person contacted in relation to |
|
the complaint; |
|
(5) a summary of the results of the review or |
|
investigation of the complaint; and |
|
(6) an explanation of the reason the file was closed, |
|
if the agency closed the file without taking action other than to |
|
investigate the complaint. |
|
(d) The Department of Savings and Mortgage Lending [Loan
|
|
Department] shall provide to the person filing the complaint and to |
|
each person who is a subject of the complaint a copy of the |
|
Department of Savings and Mortgage Lending's [Loan Department's] |
|
policies and procedures relating to complaint investigation and |
|
resolution. |
|
(e) The Department of Savings and Mortgage Lending [Loan
|
|
Department], at least quarterly until final disposition of the |
|
complaint, shall notify the person filing the complaint and each |
|
person who is a subject of the complaint of the status of the |
|
investigation unless the notice would jeopardize an undercover |
|
investigation. |
|
SECTION 6.022. Section 13.012, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.012. SUNSET PROVISION. The office of savings and |
|
mortgage lending [loan] commissioner and the Department of Savings |
|
and Mortgage Lending [Loan Department] are subject to Chapter 325, |
|
Government Code (Texas Sunset Act). Unless continued in existence |
|
as provided by that chapter, the office and department are |
|
abolished September 1, 2013. |
|
SECTION 6.023. Section 13.013, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.013. STANDARDS OF CONDUCT. The savings and |
|
mortgage lending [loan] commissioner or the savings and mortgage |
|
lending [loan] commissioner's designee shall provide to agency |
|
employees, as often as necessary, information regarding the |
|
requirements for office or employment under this chapter, including |
|
information regarding a person's responsibilities under applicable |
|
laws relating to standards of conduct for state officers or |
|
employees. |
|
SECTION 6.024. Sections 13.014(a) and (b), Finance Code, |
|
are amended to read as follows: |
|
(a) The savings and mortgage lending [loan] commissioner or |
|
the savings and mortgage lending [loan] commissioner's designee |
|
shall prepare and maintain a written policy statement that |
|
implements a program of equal employment opportunity to ensure that |
|
all personnel decisions are made without regard to race, color, |
|
disability, sex, religion, age, or national origin. |
|
(b) The policy statement must include: |
|
(1) personnel policies, including policies relating |
|
to recruitment, evaluation, selection, training, and promotion of |
|
personnel, that show the intent of the Department of Savings and |
|
Mortgage Lending [Loan Department] to avoid the unlawful employment |
|
practices described by Chapter 21, Labor Code; and |
|
(2) an analysis of the extent to which the composition |
|
of the Department of Savings and Mortgage Lending [Loan
|
|
Department's] personnel is in accordance with state and federal law |
|
and a description of reasonable methods to achieve compliance with |
|
state and federal law. |
|
SECTION 6.025. Section 13.015, Finance Code, is amended to |
|
read as follows: |
|
Sec. 13.015. EMPLOYEE INCENTIVE PROGRAM. The savings and |
|
mortgage lending [loan] commissioner or the savings and mortgage |
|
lending [loan] commissioner's designee shall provide to agency |
|
employees information and training on the benefits and methods of |
|
participation in the state employee incentive program. |
|
SECTION 6.026. Section 61.002(5), Finance Code, is amended |
|
to read as follows: |
|
(5) "Commissioner" means the savings and mortgage |
|
lending [loan] commissioner. |
|
SECTION 6.027. Section 62.303(b), Finance Code, is amended |
|
to read as follows: |
|
(b) For purposes of Subsection (a), an association is in |
|
good standing if the association has paid all fees, assessments, |
|
and money due and payable to the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
SECTION 6.028. Section 62.559(a), Finance Code, is amended |
|
to read as follows: |
|
(a) Except as provided by this section, information |
|
obtained by the commissioner under this subchapter is confidential |
|
and may not be disclosed by the commissioner or an officer or |
|
employee of the Department of Savings and Mortgage Lending [Loan
|
|
Department]. |
|
SECTION 6.029. Section 66.001, Finance Code, is amended to |
|
read as follows: |
|
Sec. 66.001. GENERAL DUTIES. The Department of Savings and |
|
Mortgage Lending [Loan Department] and the commissioner shall |
|
regulate associations and subsidiaries of associations operating |
|
under this subtitle. |
|
SECTION 6.030. Section 66.002, Finance Code, is amended to |
|
read as follows: |
|
Sec. 66.002. ADOPTION OF RULES. The finance commission may |
|
adopt rules relating to: |
|
(1) the minimum amounts of capital stock and paid-in |
|
surplus required for incorporation as a capital stock association; |
|
(2) the minimum amounts of savings liability and |
|
expense funds required for incorporation as a mutual association; |
|
(3) the fees and procedures for processing, hearing, |
|
and deciding applications filed with the commissioner or the |
|
Department of Savings and Mortgage Lending [Loan Department] under |
|
this subtitle; |
|
(4) the books and records that an association is |
|
required to keep and the location at which the books and records are |
|
required to be maintained; |
|
(5) the accounting principles and practices that an |
|
association is required to observe; |
|
(6) the conditions under which records may be copied |
|
or reproduced for permanent storage before the original records are |
|
destroyed; |
|
(7) the form, contents, and time of publication of |
|
statements of condition; |
|
(8) the form and contents of annual reports and other |
|
reports that an association is required to prepare and publish or |
|
file; |
|
(9) the manner in which assets, liabilities, and |
|
transactions in general are to be described when entered in the |
|
books of an association, so that the entry accurately describes the |
|
subject matter of the entry; and |
|
(10) the conditions under which the commissioner may |
|
require an asset to be charged off or reserves established by |
|
transfer from surplus or paid-in capital because of the |
|
depreciation of or overstated value of the asset. |
|
SECTION 6.031. Section 66.107(b), Finance Code, is amended |
|
to read as follows: |
|
(b) The commissioner shall set the matter for hearing to be |
|
held not earlier than the 11th day or later than the 30th day after |
|
the date of the request. The hearing must be held at the offices of |
|
the Department of Savings and Mortgage Lending [Loan Department] in |
|
Austin. |
|
SECTION 6.032. Section 66.306, Finance Code, is amended to |
|
read as follows: |
|
Sec. 66.306. PRIORITY OF CLAIMS. On liquidation of an |
|
association, claims for payment have the following priority: |
|
(1) obligations incurred by the commissioner or the |
|
liquidating agent, fees and assessments due the Department of |
|
Savings and Mortgage Lending [Loan Department], and expenses of |
|
liquidation, all of which may be covered by the proper reserve of |
|
money; |
|
(2) approved claims of creditors, to the extent that |
|
the claims are secured by, or constitute a lien on, the assets or |
|
property of the association; |
|
(3) approved claims of depositors against the general |
|
liquidating account of the association; |
|
(4) approved claims of general creditors and the |
|
unsecured portion of a creditor obligation described by Subdivision |
|
(2); |
|
(5) otherwise approved claims that were not filed |
|
within the time prescribed by Section 66.305; |
|
(6) approved claims of subordinated creditors; and |
|
(7) claims of shareholders of the association. |
|
SECTION 6.033. Sections 66.401(c) and (d), Finance Code, |
|
are amended to read as follows: |
|
(c) The commissioner may employ legal counsel to bring and |
|
prosecute a derivative suit. The commissioner may: |
|
(1) pay the counsel from funds appropriated for the |
|
operation of the Department of Savings and Mortgage Lending [Loan
|
|
Department]; or |
|
(2) require the association for which the suit is |
|
brought to pay the counsel directly or to reimburse the Department |
|
of Savings and Mortgage Lending [Loan Department] for the payment. |
|
(d) The association shall be paid an amount equal to the |
|
amount of the proceeds of a judgment on a suit brought under this |
|
section less unreimbursed costs and expenses, including attorney's |
|
fees, incurred by the Department of Savings and Mortgage Lending |
|
[Loan Department] in prosecuting the suit. |
|
SECTION 6.034. Section 89.006(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The commissioner, a member of the finance commission, a |
|
deputy commissioner, an examiner, or any other officer or employee |
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
is not personally liable for damages arising from the person's |
|
official act or omission unless the act or omission is corrupt or |
|
malicious. |
|
SECTION 6.035. Section 89.052(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The commissioner and an examiner, supervisor, |
|
conservator, liquidator, inspector, deputy, assistant, clerk, or |
|
other employee of the Department of Savings and Mortgage Lending |
|
[Loan Department] who is appointed or acting under this subtitle |
|
shall be removed from the person's position with the department if |
|
the person: |
|
(1) does not keep secret a fact or information about an |
|
association obtained during an examination or because of the |
|
person's official position, except when the public duty of the |
|
person requires otherwise; or |
|
(2) wilfully makes a false official report about the |
|
condition of an association. |
|
SECTION 6.036. Section 89.102(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The commissioner may require an association that |
|
knowingly violates this subtitle or a rule adopted under this |
|
subtitle to pay to the Department of Savings and Mortgage Lending |
|
[Loan Department] an administrative penalty not to exceed $1,000 |
|
for each day that the violation occurs after notice of the violation |
|
is given by the commissioner. |
|
SECTION 6.037. Sections 91.002(1) and (5), Finance Code, |
|
are amended to read as follows: |
|
(1) "Appropriate banking agency": |
|
(A) means: |
|
(i) with respect to a savings bank |
|
chartered by this state, the Department of Savings and Mortgage |
|
Lending [Loan Department]; |
|
(ii) with respect to a federal savings |
|
bank, the Office of Thrift Supervision; |
|
(iii) with respect to a savings and loan |
|
association chartered by this state, the Department of Savings and |
|
Mortgage Lending [Loan Department]; |
|
(iv) with respect to a federal savings and |
|
loan association, the Office of Thrift Supervision; |
|
(v) with respect to a bank chartered by this |
|
state, the Texas Department of Banking; and |
|
(vi) with respect to a national bank, the |
|
Office of the Comptroller of the Currency; and |
|
(B) includes: |
|
(i) in each case in which a state bank is a |
|
member of the Federal Reserve System, the board of governors of the |
|
Federal Reserve System; |
|
(ii) in each case where required by the |
|
Federal Deposit Insurance Act (12 U.S.C. Section 1811 et seq.), the |
|
Federal Deposit Insurance Corporation; and |
|
(iii) any successor of a state or federal |
|
agency specified by this subdivision. |
|
(5) "Commissioner" means the savings and mortgage |
|
lending [loan] commissioner. |
|
SECTION 6.038. Section 92.555(a), Finance Code, is amended |
|
to read as follows: |
|
(a) Except as provided by this section, information the |
|
commissioner obtains under this subchapter that is not published is |
|
confidential and may not be disclosed by the commissioner or an |
|
officer or employee of the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
SECTION 6.039. Section 96.001, Finance Code, is amended to |
|
read as follows: |
|
Sec. 96.001. GENERAL DUTIES. The Department of Savings and |
|
Mortgage Lending [Loan Department] and the commissioner shall |
|
regulate savings banks and subsidiaries of savings banks operating |
|
under this subtitle. |
|
SECTION 6.040. Section 96.002(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The finance commission may adopt rules necessary to |
|
supervise and regulate savings banks and to protect public |
|
investment in savings banks, including rules relating to: |
|
(1) the minimum amounts of capital required to |
|
incorporate and operate as a savings bank, which may not be less |
|
than the amounts required of corresponding national banks; |
|
(2) the fees and procedures for processing, hearing, |
|
and deciding applications filed with the commissioner or the |
|
Department of Savings and Mortgage Lending [Loan Department] under |
|
this subtitle; |
|
(3) the books and records that a savings bank is |
|
required to keep and the location at which the books and records are |
|
required to be maintained; |
|
(4) the accounting principles and practices that a |
|
savings bank is required to observe; |
|
(5) the conditions under which records may be copied |
|
or reproduced for permanent storage before the originals are |
|
destroyed; |
|
(6) the form, content, and time of publication of |
|
statements of condition; |
|
(7) the form and content of annual reports and other |
|
reports that a savings bank is required to prepare and publish or |
|
file; |
|
(8) the manner in which assets, liabilities, and |
|
transactions in general are to be described when entered in the |
|
books of a savings bank, so that the entry accurately describes the |
|
subject matter of the entry; |
|
(9) the conditions under which the commissioner may |
|
require an asset to be charged off or reserves established by |
|
transfer from surplus or paid-in capital because of depreciation of |
|
or overstated value of the asset; |
|
(10) the change of control of a savings bank; |
|
(11) the conduct, management, and operation of a |
|
savings bank; |
|
(12) the withdrawable accounts, bonuses, plans, and |
|
contracts for savings programs; |
|
(13) the merger, consolidation, reorganization, |
|
conversion, and liquidation of a savings bank; |
|
(14) the establishment of an additional office or the |
|
change of office location or name of a savings bank; |
|
(15) the requirements for a savings bank's holding |
|
companies, including those relating to: |
|
(A) registration and periodic reporting of a |
|
holding company with the commissioner; and |
|
(B) transactions between a holding company, an |
|
affiliate of a holding company, or a savings bank; and |
|
(16) the powers of a savings bank to make loans and |
|
investments that contain provisions reasonably necessary to ensure |
|
that a loan made by a savings bank is consistent with sound lending |
|
practices and that the savings bank's investment will promote the |
|
purposes of this subtitle, including provisions governing: |
|
(A) the type of loans and the conditions under |
|
which a savings bank may originate, make, or sell loans; |
|
(B) the conditions under which a savings bank may |
|
purchase or participate in a loan made by another lender; |
|
(C) the conditions for the servicing of a loan |
|
for another lender; |
|
(D) the conditions under which a savings bank may |
|
lend money on the security of a loan made by another person; |
|
(E) the conditions under which a savings bank may |
|
pledge loans held by it as collateral for borrowing by the savings |
|
bank; |
|
(F) the conditions under which a savings bank may |
|
invest in securities and debt instruments; |
|
(G) the documentation that a savings bank must |
|
have in its files at the time of funding or purchase of a loan, an |
|
investment, or a participation in a loan; |
|
(H) the form and content of statements of |
|
expenses and fees and other charges that are paid by a borrower or |
|
that a borrower is obligated to pay; |
|
(I) the title information that must be |
|
maintained; |
|
(J) the borrower's insurance coverage of |
|
property securing a loan; |
|
(K) an appraisal report; |
|
(L) the financial statement of a borrower; |
|
(M) the fees or other compensation that may be |
|
paid to a person in connection with obtaining a loan for a savings |
|
bank, including an officer, director, employee, affiliated person, |
|
consultant, or third party; |
|
(N) the conditions under which the savings bank |
|
may advance money to pay a tax, assessment, insurance premium, or |
|
other similar charge for the protection of the savings bank's |
|
interest in property securing the savings bank's loans; |
|
(O) the terms under which a savings bank may |
|
acquire and deal in real property; |
|
(P) the valuation on a savings bank's books of |
|
real property held by the savings bank; |
|
(Q) the terms governing the investment by a |
|
savings bank in a subsidiary, the powers that may be exercised by a |
|
subsidiary, and the activities that may be engaged in by a |
|
subsidiary; and |
|
(R) any other matter considered necessary to |
|
administer each type of transaction. |
|
SECTION 6.041. Section 96.107(b), Finance Code, is amended |
|
to read as follows: |
|
(b) The commissioner shall set the hearing to be held not |
|
earlier than the 10th day or later than the 30th day after the date |
|
of the request. The hearing must be held at the offices of the |
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
SECTION 6.042. Section 96.159(b), Finance Code, is amended |
|
to read as follows: |
|
(b) The commissioner shall set the hearing to be held not |
|
earlier than the 10th day or later than the 30th day after the date |
|
of the request. The hearing must be held at the offices of the |
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
SECTION 6.043. Section 96.351, Finance Code, is amended to |
|
read as follows: |
|
Sec. 96.351. DISCLOSURE BY DEPARTMENT PROHIBITED. Except |
|
as otherwise provided by this subtitle or a rule adopted under this |
|
subtitle, the following are confidential and may not be disclosed |
|
by the commissioner or an examiner, supervisor, conservator, |
|
liquidator, inspector, deputy, or assistant clerk or other employee |
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
who is appointed or acting under this subtitle: |
|
(1) information, regardless of the circumstances |
|
under which the information is obtained, regarding a financial |
|
institution or a shareholder, participant, officer, director, |
|
manager, affiliate, or service provider of a financial institution, |
|
other than information in a public statement or the public portion |
|
of a call report or profit and loss statement; and |
|
(2) all related files and records of the department. |
|
SECTION 6.044. Section 96.353(a), Finance Code, is amended |
|
to read as follows: |
|
(a) Confidential information that is provided to a |
|
financial institution or an affiliate or service provider of a |
|
financial institution, whether in the form of a report of |
|
examination or otherwise, is the confidential property of the |
|
Department of Savings and Mortgage Lending [Loan Department]. |
|
SECTION 6.045. Section 96.355(a), Finance Code, is amended |
|
to read as follows: |
|
(a) Notwithstanding any other law, the commissioner may |
|
refuse to release information or records in the custody of the |
|
Department of Savings and Mortgage Lending [Loan Department] if the |
|
commissioner believes release of the information or records might |
|
jeopardize an investigation of possibly unlawful activities. |
|
SECTION 6.046. Section 96.357, Finance Code, is amended to |
|
read as follows: |
|
Sec. 96.357. REMOVAL FOR VIOLATION. A person who violates |
|
this subchapter or who wilfully makes a false official report on the |
|
condition of a financial institution shall be removed from office |
|
or further employment with the Department of Savings and Mortgage |
|
Lending [Loan Department]. |
|
SECTION 6.047. Sections 96.401(c) and (d), Finance Code, |
|
are amended to read as follows: |
|
(c) The commissioner may employ legal counsel to bring and |
|
prosecute a derivative suit. The commissioner may: |
|
(1) pay counsel from funds appropriated for the |
|
operation of the Department of Savings and Mortgage Lending [Loan
|
|
Department]; or |
|
(2) require the savings bank for which the suit is |
|
brought to pay the counsel directly or to reimburse the Department |
|
of Savings and Mortgage Lending [Loan Department] for the payment. |
|
(d) The savings bank shall be paid an amount equal to the |
|
amount of the proceeds of a judgment on a suit brought under this |
|
section less unreimbursed costs and expenses, including attorney's |
|
fees incurred by the Department of Savings and Mortgage Lending |
|
[Loan Department] in prosecuting the suit. |
|
SECTION 6.048. Section 96.404, Finance Code, is amended to |
|
read as follows: |
|
Sec. 96.404. INTEREST IN SAVINGS BANK PROHIBITED FOR |
|
DEPARTMENT. (a) A savings bank or a director, officer, employee, |
|
or representative of a savings bank may not give a loan or gratuity, |
|
directly or indirectly, to the commissioner, an employee of the |
|
Department of Savings and Mortgage Lending [Loan Department], or a |
|
spouse of the commissioner or employee. |
|
(b) The commissioner or an employee of the Department of |
|
Savings and Mortgage Lending [Loan Department] may not: |
|
(1) hold an office or position in a domestic savings |
|
bank or exercise a right to vote on a domestic savings bank matter |
|
because the person is a member of or shareholder in the savings |
|
bank; |
|
(2) hold an interest, directly or indirectly, in a |
|
domestic savings bank; or |
|
(3) undertake an indebtedness as a borrower, directly |
|
or indirectly, or endorser, surety, or guarantor or sell or |
|
otherwise dispose of a loan or investment to a domestic savings |
|
bank. |
|
(c) If the commissioner or an employee of the Department of |
|
Savings and Mortgage Lending [Loan Department] has a prohibited, |
|
direct or indirect right or interest in a domestic savings bank at |
|
the time of appointment or employment, the commissioner or employee |
|
shall dispose of the right or interest not later than the 60th day |
|
after the date of appointment or employment. |
|
(d) If the commissioner or an employee of the Department of |
|
Savings and Mortgage Lending [Loan Department] is indebted as a |
|
borrower, directly or indirectly, or is an endorser, surety, or |
|
guarantor on a note to a domestic savings bank at the time of |
|
appointment or employment, the commissioner or employee may |
|
continue in that capacity until that debt is paid. |
|
SECTION 6.049. Section 96.405, Finance Code, is amended to |
|
read as follows: |
|
Sec. 96.405. PERMITTED TRANSACTIONS FOR DEPARTMENT |
|
RELATING TO SAVINGS BANK. (a) The commissioner or an employee of |
|
the Department of Savings and Mortgage Lending [Loan Department] |
|
may hold a deposit account at a savings bank and receive earnings on |
|
the account. |
|
(b) If a loan or other note of the commissioner or an |
|
employee of the Department of Savings and Mortgage Lending [Loan
|
|
Department] is acquired by a savings bank, the commissioner or |
|
employee may continue as a borrower, endorser, surety, or guarantor |
|
of the loan or note until the loan or note is paid. |
|
SECTION 6.050. Section 119.008(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The commissioner, a member of the finance commission, a |
|
deputy commissioner, an examiner, or any other officer or employee |
|
of the Department of Savings and Mortgage Lending [Loan Department] |
|
is not personally liable for damages arising from the person's |
|
official act or omission unless the act or omission is corrupt or |
|
malicious. |
|
SECTION 6.051. Section 119.201(a), Finance Code, is amended |
|
to read as follows: |
|
(a) The commissioner may require a savings bank that |
|
knowingly violates this subtitle or a rule adopted under this |
|
subtitle to pay to the Department of Savings and Mortgage Lending |
|
[department] an administrative penalty not to exceed $10,000 for |
|
each day that the violation occurs after notice of the violation is |
|
given by the commissioner. |
|
SECTION 6.052. Section 156.002(1), Finance Code, is amended |
|
to read as follows: |
|
(1) "Commissioner" means the savings and mortgage |
|
lending [loan] commissioner. |
|
SECTION 6.053. Section 157.002(1), Finance Code, is amended |
|
to read as follows: |
|
(1) "Commissioner" means the savings and mortgage |
|
lending [loan] commissioner. |
|
SECTION 6.054. Section 157.007, Finance Code, is amended to |
|
read as follows: |
|
Sec. 157.007. DISCLOSURE STATEMENT. A mortgage banker |
|
shall include the following notice to a mortgage loan applicant |
|
with an application for a mortgage loan: |
|
"COMPLAINTS REGARDING MORTGAGE BANKERS SHOULD BE SENT TO THE |
|
DEPARTMENT OF SAVINGS AND MORTGAGE LENDING [LOAN DEPARTMENT], |
|
______________________________ (street address of the Department |
|
of Savings and Mortgage Lending [Loan Department]). A TOLL-FREE |
|
CONSUMER HOTLINE IS AVAILABLE AT _______________ (telephone number |
|
of the Department of Savings and Mortgage Lending's [Loan
|
|
Department's] toll-free consumer hotline)." |
|
SECTION 6.055. Section 157.008(a), Finance Code, is amended |
|
to read as follows: |
|
(a) If the Department of Savings and Mortgage Lending [Loan
|
|
Department] receives a signed written complaint from a person |
|
concerning a mortgage banker, the commissioner shall notify the |
|
representative designated by the mortgage banker under Section |
|
157.003(b) in writing of the complaint and provide a copy of the |
|
complaint to the representative. |
|
SECTION 6.056. Section 187.202(e), Finance Code, is amended |
|
to read as follows: |
|
(e) A credit union, savings association, or savings bank |
|
that does not maintain a branch in this state and desires to |
|
establish or acquire and maintain a representative trust office |
|
shall comply with this section, except that the notice required by |
|
Subsection (a) must be filed with, and the duties and |
|
responsibilities of the banking commissioner under Subsections |
|
(b)-(d) shall be performed by: |
|
(1) the Texas credit union commissioner, with respect |
|
to a credit union; or |
|
(2) the Texas savings and mortgage lending [loan] |
|
commissioner, with respect to a savings association or savings |
|
bank. |
|
SECTION 6.057. Section 187.303(b), Finance Code, is amended |
|
to read as follows: |
|
(b) With respect to the trust business of a credit union, |
|
savings association, or savings bank, the duties and |
|
responsibilities of the banking commissioner under Subsection (a) |
|
shall be performed by: |
|
(1) the Texas credit union commissioner, with respect |
|
to a credit union; or |
|
(2) the Texas savings and mortgage lending [loan] |
|
commissioner, with respect to a savings association or savings |
|
bank. |
|
SECTION 6.058. Section 201.002(9), Finance Code, is amended |
|
to read as follows: |
|
(9) "Commissioner" has the meaning assigned to the |
|
term "banking commissioner" by Section 31.002(a), except that for |
|
purposes of Chapter 203 and the laws of this state as they relate to |
|
Chapter 203, with respect to a state savings bank, the term means |
|
the savings and mortgage lending [loan] commissioner of Texas. |
|
SECTION 6.059. Section 273.003(2), Finance Code, is amended |
|
to read as follows: |
|
(2) "Commissioner" means the savings and mortgage |
|
lending [loan] commissioner. |
|
SECTION 6.060. Section 341.103, Finance Code, is amended to |
|
read as follows: |
|
Sec. 341.103. REGULATION OF SAVINGS ASSOCIATIONS. (a) The |
|
savings and mortgage lending [loan] commissioner shall enforce this |
|
subtitle relating to the regulation of state savings associations |
|
operating under this subtitle. |
|
(b) The official exercising authority over the operation of |
|
federal savings associations equivalent to the authority exercised |
|
by the savings and mortgage lending [loan] commissioner over state |
|
savings associations may enforce this subtitle relating to the |
|
regulation of a federal savings association operating under this |
|
subtitle. |
|
SECTION 6.061. Section 411.081(i), Government Code, is |
|
amended to read as follows: |
|
(i) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
to the following noncriminal justice agencies or entities only: |
|
(1) the State Board for Educator Certification; |
|
(2) a school district, charter school, private school, |
|
regional education service center, commercial transportation |
|
company, or education shared service arrangement; |
|
(3) the Texas State Board of Medical Examiners; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
|
(5) the Board of Law Examiners; |
|
(6) the State Bar of Texas; |
|
(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
|
(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Youth Commission; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local mental retardation authority, or a |
|
community center providing services to persons with mental illness |
|
or retardation; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Board of Nurse Examiners; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district; |
|
(18) the Texas Juvenile Probation Commission; |
|
(19) the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending [loan] |
|
commissioner, or the credit union commissioner; |
|
(20) the Texas State Board of Public Accountancy; |
|
(21) the Texas Department of Licensing and Regulation; |
|
(22) the Health and Human Services Commission; and |
|
(23) the Department of Aging and Disability Services. |
|
SECTION 6.062. Section 411.1385, Government Code, is |
|
amended to read as follows: |
|
Sec. 411.1385. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: SAVINGS AND MORTGAGE LENDING [LOAN] COMMISSIONER. |
|
(a) The savings and mortgage lending [loan] commissioner is |
|
entitled to obtain from the department criminal history record |
|
information maintained by the department that relates to a person |
|
who is an applicant for or holder of a mortgage broker or loan |
|
officer license issued under Chapter 156, Finance Code. |
|
(b) Criminal history record information obtained by the |
|
savings and mortgage lending [loan] commissioner under Subsection |
|
(a) may be released or disclosed only as provided by Section |
|
156.206, Finance Code. |
|
SECTION 6.063. Sections 2306.260(a) and (g), Government |
|
Code, are amended to read as follows: |
|
(a) The department shall conduct a study to examine mortgage |
|
foreclosure rates in Bexar, Cameron, Dallas, El Paso, Harris, and |
|
Travis Counties and shall establish an advisory committee to direct |
|
the focus of the study. The advisory committee shall be composed |
|
of: |
|
(1) the director or the director's representative; |
|
(2) the savings and mortgage lending [loan] |
|
commissioner or the commissioner's representative; |
|
(3) four members appointed by the director who |
|
represent community and consumer interests; |
|
(4) four members appointed by the savings and mortgage |
|
lending [loan] commissioner who represent the mortgage lending |
|
industry; and |
|
(5) a representative of the Texas Housing Research |
|
Consortium at The University of Texas at Austin. |
|
(g) All information used to conduct the study must be |
|
accessible to the department, the Department of Savings and |
|
Mortgage Lending [Loan Department], and the legislature. The |
|
department shall prepare a consolidated analysis and |
|
recapitulation of the information used to conduct the study and |
|
shall make the analysis and recapitulation available to the public. |
|
The department shall ensure that the analysis and recapitulation of |
|
the information used to conduct the study contain only aggregate |
|
data and do not contain data specific to any mortgage. |
|
SECTION 6.064. Section 12.018, Property Code, is amended to |
|
read as follows: |
|
Sec. 12.018. TRANSFER BY RECEIVER OR CONSERVATOR OF FAILED |
|
DEPOSITORY INSTITUTION. If a bank, savings and loan association, |
|
savings bank, or other depository institution is placed in |
|
receivership or conservatorship by a state or federal agency, |
|
instrumentality, or institution, including the Banking Department |
|
of Texas, Department of Savings and Mortgage Lending [Loan
|
|
Department] of Texas, Office of the Comptroller of the Currency, |
|
Resolution Trust Corporation, Federal Deposit Insurance |
|
Corporation, Federal Savings and Loan Insurance Corporation, or |
|
their successors, a person at any time may record an affidavit or |
|
memorandum of a sale, transfer, purchase, or acquisition agreement |
|
between the receiver or conservator of the failed depository |
|
institution and another depository institution. If the sale, |
|
transfer, purchase, or acquisition agreement transfers or sells an |
|
interest in land or in a mortgage or other lien vested according to |
|
the real property records in the failed depository institution, a |
|
recorded affidavit or memorandum under this section is constructive |
|
notice of the transfer or sale. The failure of the affidavit or |
|
memorandum to be executed by the record owner or of the affidavit, |
|
memorandum, or agreement to contain language of conveyance does not |
|
create a defect in title to the land or the lien. |
|
SECTION 6.065. Section 74.704, Property Code, is amended to |
|
read as follows: |
|
Sec. 74.704. ASSISTANCE IN ENFORCEMENT. If the |
|
comptroller or the attorney general requests, the State Auditor, |
|
Banking Commissioner of Texas, securities commissioner, |
|
commissioner of insurance, savings and mortgage lending [loan] |
|
commissioner, Credit Union Commission, Department of Public Safety |
|
of the State of Texas, or any district or county attorney shall |
|
assist the comptroller or attorney general in enforcing this title. |
|
SECTION 6.066. Section 721.003(a), Transportation Code, is |
|
amended to read as follows: |
|
(a) The governing bodies of the following state agencies or |
|
divisions by rule may exempt from the requirements of Section |
|
721.002 a motor vehicle that is under the control and custody of the |
|
agency or division: |
|
(1) Texas Commission on Fire Protection; |
|
(2) Texas State Board of Pharmacy; |
|
(3) Texas Department of Mental Health and Mental |
|
Retardation; |
|
(4) Department of Public Safety of the State of Texas; |
|
(5) the institutional division or the pardons and |
|
paroles division of the Texas Department of Criminal Justice; |
|
(6) Board of Pardons and Paroles; |
|
(7) Parks and Wildlife Department; |
|
(8) Railroad Commission of Texas; |
|
(9) Texas Alcoholic Beverage Commission; |
|
(10) Texas Department of Banking; |
|
(11) Department of Savings and Mortgage Lending [Loan
|
|
Department]; |
|
(12) Texas Juvenile Probation Commission; |
|
(13) Texas Natural Resource Conservation Commission; |
|
(14) Texas Youth Commission; |
|
(15) Texas Lottery Commission; |
|
(16) the office of the attorney general; |
|
(17) Texas Department of Insurance; and |
|
(18) an agency that receives an appropriation under an |
|
article of the General Appropriations Act that appropriates money |
|
to the legislature. |
|
SECTION 6.067. Section 171.260(b), Tax Code, is amended to |
|
read as follows: |
|
(b) The savings and mortgage lending [loan] commissioner |
|
shall appoint a conservator under Subtitle B or C, Title 3, Finance |
|
Code, to pay the franchise tax of a savings and loan association |
|
that is organized under the laws of this state and that the |
|
commissioner certifies as being delinquent in the payment of the |
|
association's franchise tax. |
|
SECTION 6.068. Section 26.342(3), Water Code, is amended to |
|
read as follows: |
|
(3) "Corporate fiduciary" means an entity chartered by |
|
the Banking Department of Texas, the Department of Savings and |
|
Mortgage Lending [Loan Department of Texas], the United States |
|
comptroller of the currency, or the director of the United States |
|
Office of Thrift Supervision that acts as a receiver, conservator, |
|
guardian, executor, administrator, trustee, or fiduciary of real or |
|
personal property. |
|
ARTICLE 7. CHANGES RELATING TO GOVERNMENT CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 7.001. Section 51.201(a), Government Code, is |
|
amended to conform to Section 5a, Article V, Texas Constitution, as |
|
added by H.J.R. No. 75, Acts of the 77th Legislature, Regular |
|
Session, 2001, and approved by the voters at the election held |
|
November 6, 2001, to read as follows: |
|
(a) An [A clerk of a court of appeals serves for a term of
|
|
two years and the] order appointing a [the] clerk of a court of |
|
appeals must be recorded in the minutes of the court. |
|
SECTION 7.002. Section 57.002(c), Government Code, as |
|
amended by Chapters 584 and 614, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted to read as follows: |
|
(c) Subject to Subsection (e), in a county with a population |
|
of less than 50,000, a court may appoint a spoken language |
|
interpreter who is not a licensed court interpreter. |
|
SECTION 7.003. Section 305.0062(d), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(d) If a registrant cannot reasonably determine the amount |
|
of an expenditure under Section 305.006(b) that is directly |
|
attributable to a member of the legislative or executive branch as |
|
required by Subsection (a), the registrant shall apportion the |
|
expenditure made by that registrant or by others on the |
|
registrant's behalf and with the registrant's consent or |
|
ratification according to the total number of persons in |
|
attendance. However, if an expenditure is for an event to which all |
|
legislators are invited, the registrant shall report the |
|
expenditure under Subsection (a)(8) [(a)(7)] and not under any |
|
other subdivision of that subsection or any other provision of this |
|
chapter. |
|
SECTION 7.004. Section 411.110(a), Government Code, as |
|
amended by Chapters 282 and 1300, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and amended to read as follows: |
|
(a) The Department of State Health Services is entitled to |
|
obtain from the department criminal history record information |
|
maintained by the department that relates to: |
|
(1) a person who is: |
|
(A) an applicant for a license or certificate |
|
under the Emergency Medical Services Act (Chapter 773, Health and |
|
Safety Code); |
|
(B) an owner or manager of an applicant for an |
|
emergency medical services provider license under that Act; or |
|
(C) the holder of a license or certificate under |
|
that Act; [or] |
|
(2) an applicant for a license or a license holder |
|
under Subchapter N, Chapter 431, Health and Safety Code; or |
|
(3) [(2)] an applicant for a license, the owner or |
|
manager of an applicant for a massage establishment license, or a |
|
license holder under Chapter 455, Occupations Code. |
|
SECTION 7.0041. Section 2054.2595, Government Code, is |
|
repealed to conform to Section 8, Chapter 1260, Acts of the 79th |
|
Legislature, Regular Session, 2005, and Section 6, Chapter 1292, |
|
Acts of the 79th Legislature, Regular Session, 2005. |
|
SECTION 7.0042. Section 2054.260, Government Code, as |
|
amended by Chapters 1260 and 1292, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted to read as follows: |
|
Sec. 2054.260. REPORTING REQUIREMENTS. (a) Not later than |
|
September 1 of each even-numbered year, the department shall report |
|
on the status, progress, benefits, and efficiency gains of the |
|
project. The department shall provide the report to: |
|
(1) the presiding officer of each house of the |
|
legislature; |
|
(2) the chair of each committee in the legislature |
|
that has primary jurisdiction over the department; |
|
(3) the governor; and |
|
(4) each state agency or local government |
|
participating in the project. |
|
(b) Not later than September 1 of each even-numbered year, |
|
the department shall report on financial matters, including project |
|
costs and revenues, and on any significant issues regarding |
|
contract performance on the project. |
|
(c) The department shall provide the report to: |
|
(1) the presiding officer of each house of the |
|
legislature; and |
|
(2) the chair of each committee in the legislature |
|
with primary jurisdiction over the department. |
|
SECTION 7.0043. Sections 2054.272(a) and (c), Government |
|
Code, as added by Chapter 672, Acts of the 79th Legislature, Regular |
|
Session, 2005, are amended to conform to Section 26, Chapter 1260, |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
(a) A state agency that has jurisdiction over matters |
|
related to occupational licenses, including a licensing entity of |
|
this state, shall develop in cooperation with the department |
|
[authority] a link through the TexasOnline portal. |
|
(c) The department [authority] may not charge a fee to |
|
implement this section. |
|
SECTION 7.005. Section 2054.272, Government Code, as added |
|
by Chapter 1292, Acts of the 79th Legislature, Regular Session, |
|
2005, and Section 2054.273, Government Code, as added by Chapter |
|
1260, Acts of the 79th Legislature, Regular Session, 2005, are |
|
consolidated and renumbered as Section 2054.2721, Government Code, |
|
and reenacted to read as follows: |
|
Sec. 2054.2721. INDEPENDENT ANNUAL AUDIT. (a) Not later |
|
than August 1 of each year, any private vendor chosen to implement |
|
or manage the project shall have an audit of the vendor's finances |
|
associated with the management and operation of the project |
|
performed by an independent certified public accountant selected by |
|
the state. The vendor shall pay for the audit and shall have a copy |
|
of the audit provided to the department. |
|
(b) Not later than August 15 of each year, the department |
|
shall provide a copy of the audit report to: |
|
(1) the presiding officer of each house of the |
|
legislature; and |
|
(2) the chair of each committee in the legislature |
|
with primary jurisdiction over the department. |
|
(c) The department shall keep a copy of the audit report and |
|
make the audit report available for inspection by any interested |
|
person during regular business hours. |
|
SECTION 7.0051. Section 2054.273(a), Government Code, as |
|
added by Chapter 1292, Acts of the 79th Legislature, Regular |
|
Session, 2005, is amended to conform to Section 26, Chapter 1260, |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
(a) A state agency or a vendor, as determined by the |
|
department [authority], shall collect all fees charged to use the |
|
project. If a state agency collects the fees charged to use the |
|
project, the state agency shall forward the fees to the vendor, if |
|
the state has contracted with a vendor under Section 2054.252(d). |
|
If the state has not contracted with a vendor, the state agency |
|
shall forward to the state an amount equal to the state's share of |
|
the fees. If a vendor collects or receives the fees charged for use |
|
of the project, it shall forward to the state an amount equal to the |
|
state's share of the fees as provided by the vendor's contract with |
|
the department. |
|
SECTION 7.0052. Section 2205.043(b), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(b) The board shall adopt rules, consistent with federal |
|
regulations and Section 3101.001 [Article 6139f, Revised
|
|
Statutes], governing the color, size, and location of marks of |
|
identification required by this section. |
|
SECTION 7.006. Section 2262.051(a), Government Code, as |
|
amended by Chapters 309 and 785, Acts of the 78th Legislature, |
|
Regular Session, 2003, is reenacted to read as follows: |
|
(a) In consultation with the attorney general, the |
|
Department of Information Resources, the comptroller, and the state |
|
auditor, the commission shall develop or periodically update a |
|
contract management guide for use by state agencies. Participation |
|
by the state auditor under this subsection is subject to approval by |
|
the legislative audit committee for inclusion in the audit plan |
|
under Section 321.013(c). |
|
PART B. UPDATE OF COURT FEES |
|
SECTION 7.101. The heading to Section 101.021, Government |
|
Code, is amended to read as follows: |
|
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
|
CODE. |
|
SECTION 7.102. The heading to Section 101.041, Government |
|
Code, is amended to read as follows: |
|
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT |
|
CODE. |
|
SECTION 7.103. (a) Subchapter D, Chapter 101, Government |
|
Code, is amended by amending Section 101.061 and adding Sections |
|
101.0611 through 101.0617 to read as follows: |
|
Sec. 101.061. DISTRICT COURT FEES AND COSTS: CIVIL PRACTICE |
|
AND REMEDIES CODE. The clerk of a district court shall collect |
|
fees and costs under the Civil Practice and Remedies Code as |
|
follows: |
|
(1) filing fee in action with respect to a fraudulent |
|
court record or fraudulent lien or claim filed against property |
|
(Sec. 12.005, Civil Practice and Remedies Code) . . . $15; |
|
(2) fee for service of notice of action with respect to |
|
a fraudulent court record or fraudulent lien or claim filed against |
|
property (Sec. 12.005, Civil Practice and Remedies Code) . . . not |
|
to exceed $20, if notice delivered in person, or the cost of |
|
postage, if service is by registered or certified mail; |
|
(3) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $15 [$10]; |
|
(4) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(5) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(6) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(F) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; and |
|
(G) [(E)] Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) [(5)] additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; and |
|
(B) [for each civil suit filed, for court-related
|
|
purposes for the support of the judiciary and for civil legal
|
|
services to an indigent:
|
|
[(i)
for family law cases and proceedings
|
|
as defined by Section 25.0002, Government Code (Sec. 133.151, Local
|
|
Government Code) .
.
.
$45; or
|
|
[(ii)
for any case other than a case
|
|
described by Subparagraph (i) (Sec. 133.151, Local Government Code)
|
|
.
.
. $50;
|
|
[(C)] to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; [and
|
|
[(D)
on the filing of any civil action or
|
|
proceeding requiring a filing fee, including an appeal, and on the
|
|
filing of any counterclaim, cross-action, intervention,
|
|
interpleader, or third-party action requiring a filing fee, to fund
|
|
civil legal services for the indigent:
|
|
[(i)
for family law cases and proceedings
|
|
as defined by Section 25.0002, Government Code (Sec. 133.152, Local
|
|
Government Code) .
.
. $5; or
|
|
[(ii)
for any case other than a case
|
|
described by Subparagraph (i) (Sec. 133.152, Local Government Code)
|
|
.
.
. $10;] |
|
(4) [(6)] for filing a suit, including an appeal from |
|
an inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(5) [(7)] for filing a cross-action, counterclaim, |
|
intervention, contempt action, motion for new trial, or third-party |
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
(6) [(8)] for issuing a citation or other writ or |
|
process not otherwise provided for, including one copy, when |
|
requested at the time a suit or action is filed (Sec. 51.317, |
|
Government Code) . . . $8; |
|
(7) [(9)] for records management and preservation |
|
(Sec. 51.317, Government Code) . . . $10; |
|
(8) [(10)] for issuing a subpoena, including one copy |
|
(Sec. 51.318, Government Code) . . . $8; |
|
(9) [(11)] for issuing a citation, commission for |
|
deposition, writ of execution, order of sale, writ of execution and |
|
order of sale, writ of injunction, writ of garnishment, writ of |
|
attachment, or writ of sequestration not provided for in Section |
|
51.317, or any other writ or process not otherwise provided for, |
|
including one copy if required by law (Sec. 51.318, Government |
|
Code) . . . $8; |
|
(10) [(12)] for searching files or records to locate a |
|
cause when the docket number is not provided (Sec. 51.318, |
|
Government Code) . . . $5; |
|
(11) [(13)] for searching files or records to |
|
ascertain the existence of an instrument or record in the district |
|
clerk's office (Sec. 51.318, Government Code) . . . $5; |
|
(12) [(14)] for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) [(15)] for approving a bond (Sec. 51.318, |
|
Government Code) . . . $4; |
|
(14) [(16)] for a certified copy of a record, |
|
judgment, order, pleading, or paper on file or of record in the |
|
district clerk's office, including certificate and seal, for each |
|
page or part of a page (Sec. 51.318, Government Code) . . . $1; |
|
(15) [(17)] for a noncertified copy, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed |
|
$1; |
|
(16) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor (Sec. |
|
51.319, Government Code) . . . the same fee allowed the county |
|
clerk for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; and |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
(17) [(18)] jury fee (Sec. 51.604, Government Code) |
|
. . . $30; |
|
(18) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code, if authorized by the county commissioners court (Sec. 51.961, |
|
Government Code) . . . not to exceed $30; |
|
(19) at a hearing held by an associate judge in Dallas |
|
County, a court cost to preserve the record, in the absence of a |
|
court reporter, by other means (Sec. 54.509, Government Code) . . . |
|
as assessed by the referring court or associate judge; and |
|
(20) at a hearing held by an associate judge in Duval |
|
County, a court cost to preserve the record (Sec. 54.1151, |
|
Government Code) . . . as imposed by the referring court or |
|
associate judge. |
|
Sec. 101.0612. DISTRICT COURT FEES AND COSTS: HEALTH AND |
|
SAFETY CODE. The clerk of a district court shall collect for filing |
|
a report of divorce or annulment a fee of $1 under Section |
|
[(Sec.]194.002, Health and Safety Code.[) . . . $1;] |
|
Sec. 101.0613. DISTRICT COURT FEES AND COSTS: HUMAN |
|
RESOURCES CODE. The clerk of a district court shall collect fees |
|
and costs under the Human Resources Code as follows: |
|
(1) [(20)] for filing a suit in Comal County (Sec. |
|
152.0522, Human Resources Code) . . . $4; |
|
(2) [(21)
additional filing fee for family protection
|
|
on filing a suit for dissolution of a marriage under Chapter 6,
|
|
Family Code, if authorized by the county commissioners court (Sec.
|
|
51.961, Government Code) .
.
. not to exceed $30;
|
|
[(22)] fee on filing a suit for dissolution of a |
|
marriage for services of child support department in Harris County, |
|
if authorized by the county commissioners court (Sec. 152.1074, |
|
Human Resources Code) . . . not to exceed $12; |
|
(3) [(22-a)] a child support service fee in Nueces |
|
County if ordered by the commissioners court and assessed by the |
|
court (Sec. 152.1844, Human Resources Code) . . . not to exceed $5 a |
|
month payable annually in advance; |
|
(4) [(22-b)] a service fee to be paid by a person |
|
ordered by a district court to pay child or spousal support: |
|
(A) in Collin County if authorized by the |
|
juvenile board (Sec. 152.0492, Human Resources Code) . . . not to |
|
exceed $2.50 added to first support payment each month; |
|
(B) in Johnson County if authorized by the |
|
juvenile board (Sec. 152.1322, Human Resources Code) . . . $1.00 |
|
added to first support payment each month; and |
|
(C) in Montague County (Sec. 152.1752, Human |
|
Resources Code) . . . $1 if fee is ordered to be paid monthly, 50 |
|
cents if fee is ordered to be paid semimonthly or weekly; |
|
(5) [(22-c)] attorney's fees as an additional cost in |
|
Montague County on a finding of contempt of court for failure to pay |
|
child or spousal support if the contempt action is initiated by the |
|
probation department (Sec. 152.1752, Human Resources Code) . . . |
|
$15; |
|
(6) [(23)] fee on filing a suit requesting an adoption |
|
in Montague County (Sec. 152.1752, Human Resources Code) . . . $25; |
|
(7) [(24)] court cost on citation for contempt of |
|
court for failure to comply with child support order in Nueces |
|
County, if authorized by the commissioners court (Sec. 152.1844, |
|
Human Resources Code) . . . not to exceed $10; |
|
(8) [(25)] fee on filing a suit for divorce in Orange |
|
County (Sec. 152.1873, Human Resources Code) . . . not less than |
|
$5; |
|
(9) [(26)] court costs on citation for contempt of |
|
court in Orange County for failure to comply with a child support |
|
order or order providing for possession of or access to a child |
|
(Sec. 152.1873, Human Resources Code) . . . amount determined by |
|
district clerk; |
|
(10) [(27)] fee on filing a suit requesting an |
|
adoption in Orange County (Sec. 152.1874, Human Resources Code) |
|
. . . not less than $25; and |
|
(11) [(28)] fee on filing a suit requesting an |
|
adoption in Wichita County (Sec. 152.2496, Human Resources Code) |
|
. . . $100. |
|
Sec. 101.0614. DISTRICT COURT FEES AND COSTS: INSURANCE |
|
CODE. The clerk of a district court shall collect court costs and |
|
reasonable and necessary expert witness fees under Section 544.054, |
|
Insurance Code, which may include expert witness fees in Travis |
|
County in an action in which the plaintiff prevails against an |
|
insurer for economic damages sustained by the plaintiff as a result |
|
of unfair discrimination. |
|
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a district court shall collect fees |
|
and costs under the Local Government Code as follows: |
|
(1) additional filing fees: |
|
(A) for each civil suit filed, for court-related |
|
purposes for the support of the judiciary and for civil legal |
|
services to an indigent: |
|
(i) for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code (Sec. 133.151, Local |
|
Government Code) . . . $45; or |
|
(ii) for any case other than a case |
|
described by Subparagraph (i) (Sec. 133.151, Local Government Code) |
|
. . . $50; |
|
(B) on the filing of any civil action or |
|
proceeding requiring a filing fee, including an appeal, and on the |
|
filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent: |
|
(i) for family law cases and proceedings as |
|
defined by Section 25.0002, Government Code (Sec. 133.152, Local |
|
Government Code) . . . $5; or |
|
(ii) for any case other than a case |
|
described by Subparagraph (i) (Sec. 133.152, Local Government Code) |
|
. . . $10; |
|
(2) [(29)] additional filing fee to fund the |
|
courthouse security fund, if authorized by the county commissioners |
|
court (Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(3) [(30)] additional filing fee for filing documents |
|
not subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(4) [(31)] additional filing fee to fund the |
|
courthouse security fund in Webb County, if authorized by the |
|
county commissioners court (Sec. 291.009, Local Government Code) |
|
. . . not to exceed $20; |
|
(5) [(32)] court cost in civil cases other than suits |
|
for delinquent taxes to fund the county law library fund, if |
|
authorized by the county commissioners court (Sec. 323.023, Local |
|
Government Code) . . . not to exceed $35; and |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $37. |
|
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: TEXAS |
|
PROBATE CODE. The clerk of a district court shall collect fees and |
|
costs under the Texas Probate Code as follows: |
|
(1) [(33)
when administering a case for the Rockwall
|
|
County Court at Law (Sec. 25.2012, Government Code) .
.
. civil
|
|
fees and court costs as if the case had been filed in district
|
|
court;
|
|
[(34)
at a hearing held by an associate judge in Dallas
|
|
County, a court cost to preserve the record, in the absence of a
|
|
court reporter, by other means (Sec. 54.509, Government Code) .
.
.
|
|
as assessed by the referring court or associate judge;
|
|
[(35)
at a hearing held by an associate judge in Duval
|
|
County, a court cost to preserve the record (Sec. 54.1151,
|
|
Government Code, as added by Chapter 1150, Acts of the 78th
|
|
Legislature, Regular Session, 2003)
.
.
.
as imposed by the
|
|
referring court or associate judge;
|
|
[(36)
court fees and costs, if ordered by the court,
|
|
for a suit filed by an inmate in which an affidavit or unsworn
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
14.006, Civil Practice and Remedies Code)
.
.
.
the lesser of:
|
|
[(A)
20 percent of the preceding six months'
|
|
deposits to the inmate's trust account administered by the Texas
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
Code; or
|
|
[(B) the total amount of court fees and costs;
|
|
[(37)
monthly payment for remaining court fees and
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
(Sec. 14.006, Civil Practice and Remedies Code)
.
.
.
the lesser
|
|
of:
|
|
[(A)
10 percent of that month's deposit to the
|
|
inmate's trust account administered by the Texas Department of
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
[(B)
the total amount of court fees and costs
|
|
that remain unpaid;
|
|
[(38)
the following costs not otherwise charged to the
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
[(A) expenses of service of process;
|
|
[(B) postage; and
|
|
[(C)
transportation, housing, or medical care
|
|
incurred in connection with the appearance of the inmate in the
|
|
court for any proceeding;
|
|
[(39) fee for performing a service:
|
|
[(A)
related to the matter of the estate of a
|
|
deceased person (Sec. 51.319, Government Code)
.
.
. the same fee
|
|
allowed the county clerk for those services;
|
|
[(B)
related to the matter of a minor (Sec.
|
|
51.319, Government Code)
.
.
. the same fee allowed the county
|
|
clerk for the service;
|
|
[(C)
of serving process by certified or
|
|
registered mail (Sec. 51.319, Government Code) .
.
. the same fee a
|
|
sheriff or constable is authorized to charge for the service under
|
|
Section 118.131, Local Government Code; and
|
|
[(D)
prescribed or authorized by law but for
|
|
which no fee is set (Sec. 51.319, Government Code)
.
.
. a
|
|
reasonable fee;
|
|
[(40)
court costs, which may include expert witness
|
|
fees in Travis County in an action in which the plaintiff prevails
|
|
against an insurer for economic damages sustained by the plaintiff
|
|
as a result of unfair discrimination (Sec. 544.054, Insurance
|
|
Code)
.
.
. court costs and reasonable and necessary expert witness
|
|
fees;
|
|
[(41)] security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; and |
|
(2) [(42)] security deposit on filing, by any person |
|
other than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
Code) . . . probable cost of the guardianship proceeding.[; and] |
|
Sec. 101.0617. DISTRICT COURT FEES AND COSTS: TAX CODE. |
|
The clerk of a district court shall collect a [(43)] fee of $5 |
|
under Section 42.221, Tax Code, for filing an additional petition |
|
for review of an appraisal review board order relating to certain |
|
regulated property running through or operating in more than one |
|
county after the first petition for review relating to the same |
|
property is filed for a tax year [(Sec. 42.221, Tax Code) . . . $5]. |
|
(b) Section 101.062, Government Code, is repealed. |
|
SECTION 7.104. (a) Subchapter E, Chapter 101, Government |
|
Code, is amended by amending Section 101.081 and adding Sections |
|
101.0811 through 101.0817 to read as follows: |
|
Sec. 101.081. STATUTORY COUNTY COURT FEES AND COSTS: CIVIL |
|
PRACTICE AND REMEDIES CODE. The clerk of a statutory county court |
|
shall collect fees and costs under the Civil Practice and Remedies |
|
Code as follows: |
|
(1) court cost in certain civil cases to establish and |
|
maintain an alternative dispute resolution system, if authorized by |
|
the county commissioners court (Sec. 152.004, Civil Practice and |
|
Remedies Code) . . . not to exceed $15 [$10]; |
|
(2) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(3) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(4) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) [(2)] appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(F) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; and |
|
(G) [(E)] Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) [(3)] an official court reporter fee, County Court |
|
at Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . |
|
$3; |
|
(3) in Brazoria County, in matters of concurrent |
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
Government Code) . . . as prescribed by law for district judges |
|
according to the nature of the matter; |
|
(4) a court reporter fee when testimony is taken in a |
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
Code) . . . $3; |
|
(5) a stenographer fee, if a record or part of a record |
|
is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in a county court at law in Nolan County (Sec. |
|
25.1792, Government Code) . . . $25; |
|
(6) jury fee (Sec. 51.604, Government Code) . . . $22; |
|
(7) an additional filing fee: |
|
(A) for each civil case filed to be used for |
|
court-related purposes for the support of the judiciary, if |
|
authorized by the county commissioners court (Sec. 51.702, |
|
Government Code) . . . $40; and |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15[; and
|
|
[(C)
for filing any civil action or proceeding
|
|
requiring a filing fee, including an appeal, and on the filing of
|
|
any counterclaim, cross-action, intervention, interpleader, or
|
|
third-party action requiring a filing fee, to fund civil legal
|
|
services for the indigent (Sec. 133.153, Local Government Code)
|
|
.
.
. $5]; |
|
(8) the official court reporter's fee taxed as costs in |
|
civil actions in a statutory county court: |
|
(A) in Bexar County Courts at Law: |
|
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 |
|
(Sec. 25.0172, Government Code) . . . taxed in the same manner as |
|
the fee is taxed in district court; and |
|
(ii) No. 2 (Sec. 25.0172, Government Code) |
|
. . . $3; |
|
(B) in Galveston County (Sec. 25.0862, |
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
in civil cases in the district courts; and |
|
(C) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(9) a stenographer's fee as costs in each civil, |
|
criminal, and probate case in which a record is made by the official |
|
court reporter in a statutory county court in Nolan County (Sec. |
|
25.1792, Government Code) . . . $25; |
|
(10) in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; and |
|
(11) a fee not otherwise listed in this subchapter |
|
that is required to be collected under Section 25.0008, Government |
|
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
|
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
|
Victoria, and Williamson . . . as prescribed by law relating to |
|
county judges' fees. |
|
Sec. 101.0812. STATUTORY COUNTY COURT FEES AND COSTS: |
|
HEALTH AND SAFETY CODE. The clerk of a statutory county court |
|
shall collect fees and costs under the Health and Safety Code as |
|
follows: |
|
(1) [(8)] for filing an application for registration |
|
of death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) [(9)] fee for judge's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) [(10)] fee for prosecutor's services on an |
|
application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
actual expenses unless certain arrangements are made to hold the |
|
hearing in the county in which the patient is receiving services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
Sec. 101.0813. STATUTORY COUNTY COURT FEES AND COSTS: HUMAN |
|
RESOURCES CODE. The clerk of a statutory county court shall |
|
collect [(11)] for filing a suit in Comal County a fee of $4 under |
|
Section [(Sec.] 152.0522, Human Resources Code.[) . . . $4;] |
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) [(12)] additional filing fee to fund contingency |
|
fund for liability insurance, if authorized by the county |
|
commissioners court (Sec. 82.003, Local Government Code) . . . not |
|
to exceed $5; |
|
(2) [(13)] civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) [(14)] probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) [(15)] other fees (Sec. 118.052, Local Government |
|
Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $5; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $37; |
|
(7) [(16)] additional filing fee to fund the |
|
courthouse security fund, if authorized by the county commissioners |
|
court (Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) [(17)] additional filing fee for filing documents |
|
not subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(9) [(18)] additional filing fee to fund the |
|
courthouse security fund in Webb County, if authorized by the |
|
county commissioners court (Sec. 291.009, Local Government Code) |
|
. . . not to exceed $20; and |
|
(10) [(19)] court cost in civil cases other than suits |
|
for delinquent taxes to fund the county law library fund, if |
|
authorized by the county commissioners court (Sec. 323.023, Local |
|
Government Code) . . . not to exceed $35. [;] |
|
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: TEXAS |
|
PROBATE CODE. The clerk of a statutory county court shall collect |
|
fees and costs under the Texas Probate Code as follows: |
|
(1) [(20)] fee for deposit of a will with the county |
|
clerk during testator's lifetime (Sec. 71, Texas Probate Code) |
|
. . . $3; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; and |
|
(3) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate Code) |
|
. . . probable cost of the guardianship proceeding. |
|
Sec. 101.0816. STATUTORY COUNTY COURT FEES AND COSTS: |
|
PROPERTY CODE. The clerk of a statutory county court shall collect |
|
a [(21)] court cost in the amount of $10 or more, as taxed by the |
|
court under Section 21.047, Property Code, for each special |
|
commissioner in an eminent domain proceeding. [(Sec. 21.047,
|
|
Property Code) .
.
. as taxed by the court, $10 or more;] |
|
Sec. 101.0817. STATUTORY COUNTY COURT FEES AND COSTS UNDER |
|
OTHER LAWS. The clerk of a statutory county court shall collect a |
|
[(22)] fee of $10 under Article 6327, Vernon's Texas Civil |
|
Statutes, for a county attorney in a suit regarding a railroad |
|
company's failure to keep roadbed and right-of-way in proper |
|
condition [(Art. 6327, Vernon's Texas Civil Statutes) . . . $10;
|
|
[(23)
court fees and costs, if ordered by the court,
|
|
for a suit filed by an inmate in which an affidavit or unsworn
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
14.006, Civil Practice and Remedies Code) .
.
. the lesser of:
|
|
[(A)
20 percent of the preceding six months'
|
|
deposits to the inmate's trust account administered by the Texas
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
Code; or
|
|
[(B) the total amount of court fees and costs;
|
|
[(24)
monthly payment for remaining court fees and
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
(Sec. 14.006, Civil Practice and Remedies Code) .
.
. the lesser
|
|
of:
|
|
[(A)
10 percent of that month's deposit to the
|
|
inmate's trust account administered by the Texas Department of
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
[(B)
the total amount of court fees and costs
|
|
that remain unpaid;
|
|
[(25)
the following costs not otherwise charged to the
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
[(A) expenses of service of process;
|
|
[(B) postage; and
|
|
[(C)
transportation, housing, or medical care
|
|
incurred in connection with the appearance of the inmate in the
|
|
court for any proceeding;
|
|
[(26)
the official court reporter's fee taxed as costs
|
|
in civil actions in a statutory county court:
|
|
[(A) in Bexar County Courts at Law:
|
|
[(i)
Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
|
|
(Sec. 25.0172, Government Code) .
.
. taxed in the same manner as
|
|
the fee is taxed in district court; and
|
|
[(ii)
No. 2 (Sec. 25.0172, Government
|
|
Code)
.
.
. $3;
|
|
[(B)
in Galveston County (Sec. 25.0862,
|
|
Government Code) .
.
. taxed in the same manner as the fee is taxed
|
|
in civil cases in the district courts; and
|
|
[(C)
in Parker County (Sec. 25.1862, Government
|
|
Code) .
.
. taxed in the same manner as the fee is taxed in civil
|
|
cases in the district courts;
|
|
[(27)
a stenographer's fee as costs in each civil,
|
|
criminal, and probate case in which a record is made by the official
|
|
court reporter in a statutory county court in Nolan County (Sec.
|
|
25.1792, Government Code) .
.
. $25;
|
|
[(28)
in Brazoria County, in matters of concurrent
|
|
jurisdiction with the district court, fees (Sec. 25.0222,
|
|
Government Code) .
.
. as prescribed by law for district judges
|
|
according to the nature of the matter;
|
|
[(29)
in Nueces County, in matters of concurrent
|
|
jurisdiction with the district court, with certain exceptions, fees
|
|
(Sec. 25.1802, Government Code) .
.
. equal to those in district
|
|
court cases;
|
|
[(30)
security deposit on filing, by any person other
|
|
than the personal representative of an estate, an application,
|
|
complaint, or opposition in relation to the estate, if required by
|
|
the clerk (Sec. 12, Texas Probate Code) .
.
. probable cost of the
|
|
proceeding;
|
|
[(31)
security deposit on filing, by any person other
|
|
than the guardian, attorney ad litem, or guardian ad litem, an
|
|
application, complaint, or opposition in relation to a guardianship
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code)
|
|
.
.
. probable cost of the guardianship proceeding;
|
|
[(32)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) .
.
.
|
|
reasonable compensation to the following persons appointed under
|
|
the Texas Mental Health Code:
|
|
[(A) attorneys;
|
|
[(B) physicians;
|
|
[(C) language interpreters;
|
|
[(D) sign interpreters; and
|
|
[(E) masters;
|
|
[(33)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Sec. 571.018, Health and Safety Code):
|
|
[(A) attorney's fees;
|
|
[(B) physician examination fees;
|
|
[(C)
expense of transportation to a mental health
|
|
facility or to a federal agency not to exceed $50 if transporting
|
|
within the same county and not to exceed the reasonable cost of
|
|
transportation if transporting between counties;
|
|
[(D)
costs and salary supplements authorized
|
|
under Section 574.031, Health and Safety Code; and
|
|
[(E)
prosecutors' fees authorized under Section
|
|
574.031, Health and Safety Code;
|
|
[(34)
expenses of transporting certain patients from
|
|
the county of treatment to a hearing in the county in which the
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) .
.
.
|
|
actual expenses unless certain arrangements are made to hold the
|
|
hearing in the county in which the patient is receiving services;
|
|
[(35)
expenses for expert witness testimony for an
|
|
indigent patient (Sec. 574.010, Health and Safety Code) .
.
. if
|
|
authorized by the court as reimbursement to the attorney ad litem,
|
|
court-approved expenses;
|
|
[(36)
fee for judge's services for holding a hearing on
|
|
an application for court-ordered mental health services (Sec.
|
|
574.031, Health and Safety Code) .
.
. as assessed by the judge, not
|
|
to exceed $50;
|
|
[(37)
expenses to reimburse judge for holding a
|
|
hearing in a hospital or location other than the county courthouse
|
|
(Sec. 574.031, Health and Safety Code) .
.
. reasonable and
|
|
necessary expenses as certified;
|
|
[(38)
fee for services of a prosecuting attorney,
|
|
including costs incurred for preparation of documents related to a
|
|
hearing on an application for court-ordered mental health services
|
|
(Sec. 574.031, Health and Safety Code) .
.
. as assessed by the
|
|
judge, not to exceed $50; and
|
|
[(39)
a fee not otherwise listed in this section that
|
|
is required to be collected under Section 25.0008, Government Code
|
|
(Sec. 25.0008, Government Code), in a county other than Brazos,
|
|
Cameron, Ellis, Guadalupe, Harris, Henderson, Liberty, Moore,
|
|
Nolan, Panola, Parker, Starr, Victoria, and Williamson
.
.
.
as
|
|
prescribed by law relating to county judges' fees]. |
|
(b) Section 101.083, Government Code, is repealed. |
|
SECTION 7.105. Subchapter F, Chapter 101, Government Code, |
|
is amended by amending Section 101.101 and adding Sections 101.1011 |
|
through 101.1015 to read as follows: |
|
Sec. 101.101. STATUTORY PROBATE COURT FEES AND COSTS: |
|
CIVIL PRACTICE AND REMEDIES CODE. The clerk of a statutory probate |
|
court shall collect a [fees and costs as follows:
|
|
[(1)] court cost in an amount not to exceed $15 under |
|
Section 152.004, Civil Practice and Remedies Code, in certain civil |
|
cases to establish and maintain an alternative dispute resolution |
|
system, if authorized by the county commissioners court. [(Sec.
|
|
152.004, Civil Practice and Remedies Code) .
.
. not to exceed
|
|
$10;] |
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) [(2)] appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(F) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; and |
|
(G) [(E)] Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) [(3)] additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary, if authorized |
|
by the county commissioners court (Sec. 51.704, Government Code) |
|
. . . $40; and |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15[; and
|
|
[(C)
for filing any civil action or proceeding
|
|
requiring a filing fee, including an appeal, and on the filing of
|
|
any counterclaim, cross-action, intervention, interpleader, or
|
|
third-party action requiring a filing fee to fund civil legal
|
|
services for the indigent (Sec. 133.153, Local Government Code)
|
|
.
.
. $5]; |
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $22; |
|
(4) the expense of preserving the record as a court |
|
cost, if imposed on a party by the referring court or associate |
|
judge (Sec. 54.612, Government Code) . . . actual cost; and |
|
(5) a fee not otherwise listed in this subchapter that |
|
is required to be collected under Section 25.0029, Government Code |
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
to county judges' fees. |
|
Sec. 101.1012. STATUTORY PROBATE COURT FEES AND COSTS: |
|
HEALTH AND SAFETY CODE. The clerk of a statutory probate court |
|
shall collect fees and costs under the Health and Safety Code as |
|
follows: |
|
(1) [(4)] for filing an application for registration |
|
of death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) [(5)] fee for judge's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) [(6)] fee for prosecutor's services on an |
|
application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety Code) . . . |
|
reasonable compensation to the following persons appointed under |
|
the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety |
|
Code) . . . actual expenses unless certain arrangements are made |
|
to hold the hearing in the county in which the patient is receiving |
|
services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, |
|
not to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court |
|
shall collect fees and costs under the Local Government Code as |
|
follows: |
|
(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code). . . $5; |
|
(2) [(7)] additional filing fee to fund contingency |
|
fund for liability insurance, if authorized by the county |
|
commissioners court (Sec. 82.003, Local Government Code) . . . not |
|
to exceed $5; |
|
(3) [(8)] probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) [(9)] other fees (Sec. 118.052, Local Government |
|
Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: |
|
TEXAS PROBATE CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Texas Probate Code as follows: |
|
(1) [(10)] fee for deposit of a will with the county |
|
clerk during testator's lifetime (Sec. 71, Texas Probate Code) |
|
. . . $3; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; and |
|
(3) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
Code) . . . probable cost of the guardianship proceeding. |
|
Sec. 101.1015. STATUTORY PROBATE COURT FEES AND COSTS: |
|
PROPERTY CODE. The clerk of a statutory probate court shall collect |
|
a [(11)] court cost in the amount of $10 or more, as taxed by the |
|
court under Section 21.047, Property Code, [costs] for each special |
|
commissioner in an eminent domain proceeding [(Sec. 21.047,
|
|
Property Code) .
.
. as taxed by the court, $10 or more;
|
|
[(12)
jury fee for civil case (Sec. 51.604, Government
|
|
Code) .
.
.
$22;
|
|
[(13)
court cost in civil cases other than suits for
|
|
delinquent taxes to fund the county law library fund, if authorized
|
|
by the county commissioners court (Sec. 323.023, Local Government
|
|
Code)
.
.
.
not to exceed $35;
|
|
[(14)
the expense of preserving the record as a court
|
|
cost, if imposed on a party by the referring court or associate
|
|
judge (Sec. 54.612, Government Code)
.
.
.
actual cost;
|
|
[(15)
security deposit on filing, by any person other
|
|
than the personal representative of an estate, an application,
|
|
complaint, or opposition in relation to the estate, if required by
|
|
the clerk (Sec. 12, Texas Probate Code)
.
.
.
probable cost of the
|
|
proceeding;
|
|
[(16)
security deposit on filing, by any person other
|
|
than the guardian, attorney ad litem, or guardian ad litem, an
|
|
application, complaint, or opposition in relation to a guardianship
|
|
matter, if required by the clerk (Sec. 622, Texas Probate
|
|
Code)
.
.
.
probable cost of the guardianship proceeding;
|
|
[(17)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Secs. 571.017 and 571.018, Health and Safety
|
|
Code)
.
.
.
reasonable compensation to the following persons
|
|
appointed under the Texas Mental Health Code:
|
|
[(A) attorneys;
|
|
[(B) physicians;
|
|
[(C) language interpreters;
|
|
[(D) sign interpreters; and
|
|
[(E) masters;
|
|
[(18)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Sec. 571.018, Health and Safety Code):
|
|
[(A) attorney's fees;
|
|
[(B) physician examination fees;
|
|
[(C)
expense of transportation to a mental health
|
|
facility or to a federal agency not to exceed $50 if transporting
|
|
within the same county and not to exceed the reasonable cost of
|
|
transportation if transporting between counties;
|
|
[(D)
costs and salary supplements authorized
|
|
under Section 574.031, Health and Safety Code; and
|
|
[(E)
prosecutors' fees authorized under Section
|
|
574.031, Health and Safety Code;
|
|
[(19)
expenses of transporting certain patients from
|
|
the county of treatment to a hearing in the county in which the
|
|
proceedings originated (Sec. 574.008, Health and Safety
|
|
Code)
.
.
.
actual expenses unless certain arrangements are made
|
|
to hold the hearing in the county in which the patient is receiving
|
|
services;
|
|
[(20)
expenses for expert witness testimony for an
|
|
indigent patient (Sec. 574.010, Health and Safety Code)
.
.
.
if
|
|
authorized by the court as reimbursement to the attorney ad litem,
|
|
court-approved expenses;
|
|
[(21)
fee for judge's services for holding a hearing on
|
|
an application for court-ordered mental health services (Sec.
|
|
574.031, Health and Safety Code)
.
.
.
as assessed by the judge,
|
|
not to exceed $50;
|
|
[(22)
expenses to reimburse judge for holding a
|
|
hearing in a hospital or location other than the county courthouse
|
|
(Sec. 574.031, Health and Safety Code)
.
.
.
reasonable and
|
|
necessary expenses as certified;
|
|
[(23)
fee for services of a prosecuting attorney,
|
|
including costs incurred for preparation of documents related to a
|
|
hearing on an application for court-ordered mental health services
|
|
(Sec. 574.031, Health and Safety Code)
.
.
.
as assessed by the
|
|
judge, not to exceed $50; and
|
|
[(24)
a fee not otherwise listed in this section that
|
|
is required to be collected under Section 25.0029, Government Code
|
|
(Sec. 25.0029, Government Code)
.
.
.
as prescribed by law
|
|
relating to county judges' fees]. |
|
SECTION 7.106. (a) Subchapter G, Chapter 101, Government |
|
Code, is amended by amending Section 101.121 and adding Sections |
|
101.1211 through 101.1216 to read as follows: |
|
Sec. 101.121. COUNTY COURT FEES AND COSTS: ALCOHOLIC |
|
BEVERAGE CODE. The clerk of a county court shall collect a [:
|
|
[(1)] fee of $5 under Section 61.31, Alcoholic |
|
Beverage Code, for hearing on application for a license to |
|
manufacture, distribute, store, or sell beer. [(Sec. 61.31,
|
|
Alcoholic Beverage Code) .
.
. $5;] |
|
Sec. 101.1211. COUNTY COURT FEES AND COSTS: CIVIL PRACTICE |
|
AND REMEDIES CODE. The clerk of a county court shall collect: |
|
(1) a [(2)] court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the county commissioners court (Sec. 152.004, Civil |
|
Practice and Remedies Code) . . . not to exceed $15 [$10]; |
|
(2) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(3) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(4) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Government Code: |
|
(1) [(3)] appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . not more than $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) [(D)] Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(F) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; and |
|
(G) [(E)] Thirteenth Court of Appeals District |
|
(Sec. 22.2141, Government Code) . . . not more than $5; |
|
(2) [(4)] a jury fee (Sec. 51.604, Government |
|
Code) . . . $22; and |
|
(3) [(5)] a filing fee in each civil case filed to be |
|
used for court-related purposes for the support of the judiciary |
|
(Sec. 51.703, Government Code) . . . $40. [;] |
|
Sec. 101.1213. COUNTY COURT FEES AND COSTS: HEALTH AND |
|
SAFETY CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Health and Safety Code: |
|
(1) [(6)] for filing an application for registration |
|
of death (Sec. 193.007, Health and Safety Code) . . . $1; |
|
(2) [(7)] fee for judge's services on an application |
|
for court-ordered mental health services (Sec. 574.031, Health and |
|
Safety Code) . . . not to exceed $50; |
|
(3) [(8)] fee for prosecutor's services on an |
|
application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . not to exceed $50; |
|
(4) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Secs. 571.017 and 571.018, Health and Safety |
|
Code) . . . reasonable compensation to the following persons |
|
appointed under the Texas Mental Health Code: |
|
(A) attorneys; |
|
(B) physicians; |
|
(C) language interpreters; |
|
(D) sign interpreters; and |
|
(E) masters; |
|
(5) for a hearing or proceeding under the Texas Mental |
|
Health Code (Subtitle C, Title 7, Health and Safety Code) as costs |
|
(Sec. 571.018, Health and Safety Code): |
|
(A) attorney's fees; |
|
(B) physician examination fees; |
|
(C) expense of transportation to a mental health |
|
facility or to a federal agency not to exceed $50 if transporting |
|
within the same county and not to exceed the reasonable cost of |
|
transportation if transporting between counties; |
|
(D) costs and salary supplements authorized |
|
under Section 574.031, Health and Safety Code; and |
|
(E) prosecutors' fees authorized under Section |
|
574.031, Health and Safety Code; |
|
(6) expenses of transporting certain patients from the |
|
county of treatment to a hearing in the county in which the |
|
proceedings originated (Sec. 574.008, Health and Safety Code) . . . |
|
actual expenses unless certain arrangements are made to hold the |
|
hearing in the county in which the patient is receiving services; |
|
(7) expenses for expert witness testimony for an |
|
indigent patient (Sec. 574.010, Health and Safety Code) . . . if |
|
authorized by the court as reimbursement to the attorney ad litem, |
|
court-approved expenses; |
|
(8) fee for judge's services for holding a hearing on |
|
an application for court-ordered mental health services (Sec. |
|
574.031, Health and Safety Code) . . . as assessed by the judge, not |
|
to exceed $50; |
|
(9) expenses to reimburse judge for holding a hearing |
|
in a hospital or location other than the county courthouse (Sec. |
|
574.031, Health and Safety Code) . . . reasonable and necessary |
|
expenses as certified; and |
|
(10) fee for services of a prosecuting attorney, |
|
including costs incurred for preparation of documents related to a |
|
hearing on an application for court-ordered mental health services |
|
(Sec. 574.031, Health and Safety Code) . . . as assessed by the |
|
judge, not to exceed $50. |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) [(9)] additional filing fee to fund contingency |
|
fund for liability insurance, if authorized by the county |
|
commissioners court (Sec. 82.003, Local Government Code) . . . not |
|
to exceed $5; |
|
(2) [(10)] civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) [(11)] probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
after the 120th day after the date of the initial filing of the |
|
action (Sec. 118.052, Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government |
|
Code) . . . $10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 |
|
pages . . . $25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; and |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; |
|
(4) [(12)] other fees (Sec. 118.052, Local Government |
|
Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government |
|
Code) . . . $1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government |
|
Code) . . . $5; |
|
(5) [(13)] deposit on filing petition requesting |
|
permission to create a municipal civic center authority (Sec. |
|
281.013, Local Government Code) . . . $200; |
|
(6) [(14)] additional filing fee to fund the |
|
courthouse security fund, if authorized by the county commissioners |
|
court (Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) [(15)] additional filing fee for filing documents |
|
not subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) [(16)] additional filing fee to fund the |
|
courthouse security fund in Webb County, if authorized by the |
|
county commissioners court (Sec. 291.009, Local Government |
|
Code) . . . not to exceed $20; |
|
(9) [(17)] court cost in civil cases other than suits |
|
for delinquent taxes to fund the county law library fund, if |
|
authorized by the county commissioners court (Sec. 323.023, Local |
|
Government Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $5; and |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $37. |
|
Sec. 101.1215. COUNTY COURT FEES AND COSTS: TEXAS PROBATE |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Texas Probate Code: |
|
(1) [(18)] fee for deposit of a will with the county |
|
clerk during testator's lifetime (Sec. 71, Texas Probate |
|
Code) . . . $3; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the |
|
proceeding; and |
|
(3) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 622, Texas Probate |
|
Code) . . . probable cost of the guardianship proceeding. |
|
Sec. 101.1216. COUNTY COURT FEES AND COSTS UNDER OTHER |
|
LAWS. The clerk of a county court shall collect the following fees |
|
and costs: |
|
(1) [(19)] fee for county attorney in a suit regarding |
|
a railroad company's failure to keep roadbed and right-of-way in |
|
proper condition (Art. 6327, Vernon's Texas Civil Statutes) . . . |
|
$10; and |
|
(2) [(20)] appeal bond from a petitioner or taxpayer |
|
in a water control and preservation district (Art. 7818, Vernon's |
|
Texas Civil Statutes) . . . $100[;
|
|
[(21)
additional filing fee for filing any civil
|
|
action or proceeding requiring a filing fee, including an appeal,
|
|
and on the filing of any counterclaim, cross-action, intervention,
|
|
interpleader, or third-party action requiring a filing fee, to fund
|
|
civil legal services for the indigent (Sec. 133.153, Local
|
|
Government Code) .
.
. $5;
|
|
[(22)
court fees and costs, if ordered by the court,
|
|
for a suit filed by an inmate in which an affidavit or unsworn
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
14.006, Civil Practice and Remedies Code) .
.
. the lesser of:
|
|
[(A)
20 percent of the preceding six months'
|
|
deposits to the inmate's trust account administered by the Texas
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
Code; or
|
|
[(B) the total amount of court fees and costs;
|
|
[(23)
monthly payment for remaining court fees and
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
(Sec. 14.006, Civil Practice and Remedies Code) .
.
. the lesser
|
|
of:
|
|
[(A)
10 percent of that month's deposit to the
|
|
inmate's trust account administered by the Texas Department of
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
[(B)
the total amount of court fees and costs
|
|
that remain unpaid;
|
|
[(24)
the following costs not otherwise charged to the
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
[(A) expenses of service of process;
|
|
[(B) postage; and
|
|
[(C)
transportation, housing, or medical care
|
|
incurred in connection with the appearance of the inmate in the
|
|
court for any proceeding;
|
|
[(25)
security deposit on filing, by any person other
|
|
than the personal representative of an estate, an application,
|
|
complaint, or opposition in relation to the estate, if required by
|
|
the clerk (Sec. 12, Texas Probate Code) .
.
. probable cost of the
|
|
proceeding;
|
|
[(26)
security deposit on filing, by any person other
|
|
than the guardian, attorney ad litem, or guardian ad litem, an
|
|
application, complaint, or opposition in relation to a guardianship
|
|
matter, if required by the clerk (Sec. 622, Texas Probate Code)
|
|
.
.
. probable cost of the guardianship proceeding;
|
|
[(27)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Secs. 571.017 and 571.018, Health and Safety Code) .
.
.
|
|
reasonable compensation to the following persons appointed under
|
|
the Texas Mental Health Code:
|
|
[(A) attorneys;
|
|
[(B) physicians;
|
|
[(C) language interpreters;
|
|
[(D) sign interpreters; and
|
|
[(E) masters;
|
|
[(28)
for a hearing or proceeding under the Texas
|
|
Mental Health Code (Subtitle C, Title 7, Health and Safety Code) as
|
|
costs (Sec. 571.018, Health and Safety Code):
|
|
[(A) attorney's fees;
|
|
[(B) physician examination fees;
|
|
[(C)
expense of transportation to a mental health
|
|
facility or to a federal agency not to exceed $50 if transporting
|
|
within the same county and not to exceed the reasonable cost of
|
|
transportation if transporting between counties;
|
|
[(D)
costs and salary supplements authorized
|
|
under Section 574.031, Health and Safety Code; and
|
|
[(E)
prosecutors' fees authorized under Section
|
|
574.031, Health and Safety Code;
|
|
[(29)
expenses of transporting certain patients from
|
|
the county of treatment to a hearing in the county in which the
|
|
proceedings originated (Sec. 574.008, Health and Safety Code) .
.
.
|
|
actual expenses unless certain arrangements are made to hold the
|
|
hearing in the county in which the patient is receiving services;
|
|
[(30)
expenses for expert witness testimony for an
|
|
indigent patient (Sec. 574.010, Health and Safety Code) .
.
. if
|
|
authorized by the court as reimbursement to the attorney ad litem,
|
|
court-approved expenses;
|
|
[(31)
fee for judge's services for holding a hearing on
|
|
an application for court-ordered mental health services (Sec.
|
|
574.031, Health and Safety Code) .
.
. as assessed by the judge, not
|
|
to exceed $50;
|
|
[(32)
expenses to reimburse judge for holding a
|
|
hearing in a hospital or location other than the county courthouse
|
|
(Sec. 574.031, Health and Safety Code) .
.
. reasonable and
|
|
necessary expenses as certified; and
|
|
[(33)
fee for services of a prosecuting attorney,
|
|
including costs incurred for preparation of documents related to a
|
|
hearing on an application for court-ordered mental health services
|
|
(Sec. 574.031, Health and Safety Code) .
.
. as assessed by the
|
|
judge, not to exceed $50]. |
|
(b) Section 101.123, Government Code, is repealed. |
|
SECTION 7.107. Subchapter H, Chapter 101, Government Code, |
|
is amended by amending Section 101.141 and adding Section 101.151 |
|
to read as follows: |
|
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND |
|
COSTS COLLECTED BY CLERK. (a) A clerk of a justice court shall |
|
collect fees and costs under the Civil Practice and Remedies Code as |
|
follows: |
|
(1) additional court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the commissioners court [of a county with a
|
|
population of at least 2.5 million] (Sec. 152.005, Civil Practice |
|
and Remedies Code) . . . not to exceed $5 [$3]; |
|
(2) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(3) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(4) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; and |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $2; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; and |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 685.008, Transportation Code) . . . $20[;
|
|
[(5)
court fees and costs, if ordered by the court, for
|
|
a suit filed by an inmate in which an affidavit or unsworn
|
|
declaration of inability to pay costs is filed by the inmate (Sec.
|
|
14.006, Civil Practice and Remedies Code)
.
.
.
the lesser of:
|
|
[(A)
20 percent of the preceding six months'
|
|
deposits to the inmate's trust account administered by the Texas
|
|
Department of Criminal Justice under Section 501.014, Government
|
|
Code; or
|
|
[(B) the total amount of court fees and costs;
|
|
[(6)
monthly payment for remaining court fees and
|
|
costs after the initial payment for a suit in which an affidavit or
|
|
unsworn declaration of inability to pay costs is filed by the inmate
|
|
(Sec. 14.006, Civil Practice and Remedies Code) .
.
. the lesser
|
|
of:
|
|
[(A)
10 percent of that month's deposit to the
|
|
inmate's trust account administered by the Texas Department of
|
|
Criminal Justice under Section 501.014, Government Code; or
|
|
[(B)
the total amount of court fees and costs
|
|
that remain unpaid;
|
|
[(7)
the following costs not otherwise charged to the
|
|
inmate under Section 14.006, Civil Practice and Remedies Code, if
|
|
the inmate has previously filed an action dismissed as malicious or
|
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code):
|
|
[(A) expenses of service of process;
|
|
[(B) postage; and
|
|
[(C)
transportation, housing, or medical care
|
|
incurred in connection with the appearance of the inmate in the
|
|
court for any proceeding; and
|
|
[(8)
the cost of a special program that a court may
|
|
order a child to attend after a finding that the child committed an
|
|
offense, if ordered by the court (Art. 45.057, Code of Criminal
|
|
Procedure) .
.
. costs of the program not to exceed $100]. |
|
Sec. 101.151. JUSTICE COURT AND SMALL CLAIMS COURT FEES |
|
COLLECTED BY JUSTICE OF THE PEACE. (a) [(b)] A justice of the |
|
peace shall collect the following fees under the Local Government |
|
Code: |
|
(1) services rendered before judgment (Secs. 118.121 |
|
and 118.122, Local Government Code): |
|
(A) justice court (Sec. 118.121, Local |
|
Government Code) . . . $15; and |
|
(B) small claims court (Sec. 118.121, Local |
|
Government Code) . . . $10; and |
|
(2) services rendered after judgment (Secs. 118.121 |
|
and 118.123, Local Government Code): |
|
(A) transcript (Sec. 118.121, Local Government |
|
Code) . . . $10; |
|
(B) abstract of judgment (Sec. 118.121, Local |
|
Government Code) . . . $5; |
|
(C) execution, order of sale, writ of |
|
restitution, or other writ or process (Sec. 118.121, Local |
|
Government Code) . . . $5 per page; |
|
(D) certified copy of court papers (Secs. 118.121 |
|
and 118.1235, Local Government Code) . . . $2 for first page; $0.25 |
|
for each additional page; and |
|
(E) issuing other document (no return required) |
|
(Sec. 118.121, Local Government Code) . . . $1 for first page; |
|
$0.25 for each additional page.[;] |
|
(b) A justice of the peace shall collect the following fees |
|
under the Civil Practice and Remedies Code: |
|
(1) [(3)] court fees and costs, if ordered by the |
|
court, for a suit filed by an inmate in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(2) [(4)] monthly payment for remaining court fees and |
|
costs after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(3) [(5)] the following costs not otherwise charged to |
|
the inmate under Section 14.006, Civil Practice and Remedies Code, |
|
if the inmate has previously filed an action dismissed as malicious |
|
or frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
SECTION 7.108. Section 101.181, Government Code, as amended |
|
by Chapters 37, 296, and 737, Acts of the 79th Legislature, Regular |
|
Session, 2005, is reenacted to read as follows: |
|
Sec. 101.181. MUNICIPAL COURTS OF RECORD FEES AND COSTS. |
|
The clerk of a municipal court of record shall collect the following |
|
fees and costs: |
|
(1) from an appellant, a fee for preparation of the |
|
clerk's record (Sec. 30.00014, Government Code) . . . $25; |
|
(2) from an appellant in the City of El Paso, an |
|
appellate court docket fee (Sec. 30.00147, Government Code) . . . |
|
$25; and |
|
(3) the cost of a special program that a court may |
|
order a child to attend after finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program, not to exceed $100. |
|
SECTION 7.109. (a) Subchapter B, Chapter 102, Government |
|
Code, is amended by reenacting and amending Section 102.021, as |
|
amended by Chapters 296, 992, and 1360, Acts of the 79th |
|
Legislature, Regular Session, 2005, and adding Sections 102.0211 |
|
through 102.0214 to read as follows: |
|
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL |
|
PROCEDURE. A person convicted of an offense shall pay the following |
|
under the Code of Criminal Procedure, in addition to all other |
|
costs: |
|
(1) court cost on conviction of any offense, other |
|
than a conviction of an offense relating to a pedestrian or the |
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal |
|
Procedure) . . . $4 [court costs on conviction of a felony (Sec.
|
|
133.102, Local Government Code) .
.
. $133]; |
|
(2) [court costs on conviction of a Class A or Class B
|
|
misdemeanor (Sec. 133.102, Local Government Code) .
.
. $83;
|
|
[(3)
court costs on conviction of a nonjailable
|
|
misdemeanor offense, including a criminal violation of a municipal
|
|
ordinance, other than a conviction of an offense relating to a
|
|
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
|
|
Government Code) .
.
. $40;
|
|
[(4)
court costs on certain convictions in statutory
|
|
county courts (Sec. 51.702, Government Code) .
.
. $15;
|
|
[(5)
court costs on certain convictions in certain
|
|
county courts (Sec. 51.703, Government Code) .
.
. $15;
|
|
[(6)
a time payment fee if convicted of a felony or
|
|
misdemeanor for paying any part of a fine, court costs, or
|
|
restitution on or after the 31st day after the date on which a
|
|
judgment is entered assessing the fine, court costs, or restitution
|
|
(Sec. 133.103, Local Government Code) .
.
. $25;
|
|
[(7)] a fee for services of prosecutor (Art. 102.008, |
|
Code of Criminal Procedure) . . . $25; |
|
(3) [(8)] fees for services of peace officer: |
|
(A) issuing a written notice to appear in court |
|
for certain violations (Art. 102.011, Code of Criminal Procedure) |
|
. . . $5; |
|
(B) executing or processing an issued arrest |
|
warrant or capias (Art. 102.011, Code of Criminal Procedure) . . . |
|
$50; |
|
(C) summoning a witness (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(D) serving a writ not otherwise listed (Art. |
|
102.011, Code of Criminal Procedure) . . . $35; |
|
(E) taking and approving a bond and, if |
|
necessary, returning the bond to courthouse (Art. 102.011, Code of |
|
Criminal Procedure) . . . $10; |
|
(F) commitment or release (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(G) summoning a jury (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(H) attendance of a prisoner in habeas corpus |
|
case if prisoner has been remanded to custody or held to bail (Art. |
|
102.011, Code of Criminal Procedure) . . . $8 each day; |
|
(I) mileage for certain services performed (Art. |
|
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
|
(J) services of a sheriff or constable who serves |
|
process and attends examining trial in certain cases (Art. 102.011, |
|
Code of Criminal Procedure) . . . not to exceed $5; |
|
(4) [(9)] services of a peace officer in conveying a |
|
witness outside the county (Art. 102.011, Code of Criminal |
|
Procedure) . . . $10 per day or part of a day, plus actual necessary |
|
travel expenses; |
|
(5) [(10)] overtime of peace officer for time spent |
|
testifying in the trial or traveling to or from testifying in the |
|
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost; |
|
(6) [(11)] court costs on an offense relating to rules |
|
of the road, when offense occurs within a school crossing zone (Art. |
|
102.014, Code of Criminal Procedure) . . . $25; |
|
(7) [(12)] court costs on an offense of passing a |
|
school bus (Art. 102.014, Code of Criminal Procedure) . . . $25; |
|
(8) [(13)] court costs on an offense of truancy or |
|
contributing to truancy (Art. 102.014, Code of Criminal Procedure) |
|
. . . $20; |
|
(9) [(14)] cost for visual recording of intoxication |
|
arrest before conviction (Art. 102.018, Code of Criminal Procedure) |
|
. . . $15; |
|
(10) [(15)] cost of certain evaluations (Art. |
|
102.018, Code of Criminal Procedure) . . . actual cost; |
|
(11) [(16)] additional costs attendant to certain |
|
intoxication convictions under Chapter 49, Penal Code, for |
|
emergency medical services, trauma facilities, and trauma care |
|
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100; |
|
(12) [(16-a)] additional costs attendant to certain |
|
child sexual assault and related convictions, for child abuse |
|
prevention programs (Art. 102.0186, Code of Criminal Procedure) |
|
. . . $100; |
|
(13) [(17)] cost for DNA testing for certain felonies |
|
(Art. 102.020, Code of Criminal Procedure) . . . $250; |
|
(14) [(18)] court cost on an offense of public |
|
lewdness or indecent exposure (Art. 102.020, Code of Criminal |
|
Procedure) . . . $50; |
|
(15) if required by the court, a restitution fee for |
|
costs incurred in collecting restitution installments and for the |
|
compensation to victims of crime fund (Art. 42.037, Code of |
|
Criminal Procedure) . . . $12; and |
|
(16) if directed by the justice of the peace or |
|
municipal court judge hearing the case, court costs on conviction |
|
in a criminal action (Art. 45.041, Code of Criminal Procedure) |
|
. . . part or all of the costs as directed by the judge. |
|
Sec. 102.0211. COURT COSTS ON CONVICTION: GOVERNMENT |
|
CODE. A person convicted of an offense shall pay the following |
|
under the Government Code, in addition to all other costs: |
|
(1) court costs on certain convictions in statutory |
|
county courts (Sec. 51.702, Government Code) . . . $15; and |
|
(2) court costs on certain convictions in certain |
|
county courts (Sec. 51.703, Government Code) . . . $15. |
|
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT |
|
CODE. A person convicted of an offense shall pay the following |
|
under the Local Government Code, in addition to all other costs: |
|
(1) court costs on conviction of a felony (Sec. |
|
133.102, Local Government Code) . . . $133; |
|
(2) court costs on conviction of a Class A or Class B |
|
misdemeanor (Sec. 133.102, Local Government Code) . . . $83; |
|
(3) court costs on conviction of a nonjailable |
|
misdemeanor offense, including a criminal violation of a municipal |
|
ordinance, other than a conviction of an offense relating to a |
|
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local |
|
Government Code) . . . $40; |
|
(4) a time payment fee if convicted of a felony or |
|
misdemeanor for paying any part of a fine, court costs, or |
|
restitution on or after the 31st day after the date on which a |
|
judgment is entered assessing the fine, court costs, or restitution |
|
(Sec. 133.103, Local Government Code) . . . $25; and |
|
(5) a cost on conviction of any offense, other than an |
|
offense relating to a pedestrian or the parking of a motor vehicle |
|
(Sec. 133.105, Local Government Code) . . . $4. |
|
Sec. 102.0213. COURT COSTS ON CONVICTION: TRANSPORTATION |
|
CODE. A person convicted of an offense shall pay the following |
|
under the Transportation Code, in addition to all other costs: |
|
(1) [(19)] court cost on conviction of a misdemeanor |
|
under Subtitle C, Title 7, Transportation Code (Sec. 542.403, |
|
Transportation Code) . . . $3; |
|
(2) [(20)] cost for impoundment of vehicle (Sec. |
|
601.263, Transportation Code) . . . $15 per day; and |
|
(3) [(21)] a civil and criminal enforcement cost on |
|
conviction of an offense of, or related to, the nonpayment of a toll |
|
in certain counties (Sec. 284.2031, Transportation Code) . . . |
|
$1.[;] |
|
Sec. 102.0214. COURT COSTS ON CONVICTION: PARKS AND |
|
WILDLIFE CODE. A person convicted of an offense shall pay under |
|
Section 12.110, Parks and Wildlife Code, in addition to all other |
|
costs, [(22) if directed by the justice of the peace or municipal
|
|
court judge hearing the case, court costs on conviction in a
|
|
criminal action (Art. 45.041, Code of Criminal Procedure) .
.
.
|
|
part or all of the costs as directed by the judge;
|
|
[(22)] the actual cost of any storage, care, feeding, |
|
cold storage, or processing necessary for an unlawfully taken, |
|
shipped, or possessed game bird, fowl, animal, game fish, or exotic |
|
animal [(Sec. 12.110, Parks and Wildlife Code) .
.
. actual cost;
|
|
and
|
|
[(22)
court cost on conviction of any offense, other
|
|
than a conviction of an offense relating to a pedestrian or the
|
|
parking of a motor vehicle (Art. 102.0045, Code of Criminal
|
|
Procedure) .
.
. $4]. |
|
(b) Section 102.022, Government Code, is repealed. |
|
SECTION 7.110. Subchapter C, Chapter 102, Government Code, |
|
is amended by amending Section 102.041 and adding Section 102.042 |
|
to read as follows: |
|
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a district |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a felony offense (Art. 102.017, |
|
Code of Criminal Procedure) . . . $5; |
|
(5) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; and |
|
(6) a graffiti eradication fee (Art. 102.0171, Code of |
|
Criminal Procedure) . . . $5.[; and] |
|
Sec. 102.042. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
DISTRICT COURT: HUMAN RESOURCES CODE. The clerk of a district court |
|
shall collect from a defendant [(7)] a court cost of $4 under |
|
Section 152.0522, Human Resources Code, on conviction in Comal |
|
County [(Sec. 152.0522, Human Resources Code) . . . $4]. |
|
SECTION 7.111. Subchapter D, Chapter 102, Government Code, |
|
is amended by reenacting and amending Section 102.061, as amended |
|
by Chapters 804 and 949, Acts of the 79th Legislature, Regular |
|
Session, 2005, and adding Section 102.062 to read as follows: |
|
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
statutory county court shall collect fees and costs under the Code |
|
of Criminal Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for services of the clerk of the court (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a graffiti eradication fee (Art. 102.0171, Code of |
|
Criminal Procedure) . . . $5; and |
|
(6) [a court cost on conviction in Comal County (Sec.
|
|
152.0522, Human Resources Code) .
.
. $4.
|
|
[(7)] a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5. |
|
Sec. 102.062. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: HUMAN RESOURCES CODE. The clerk of a |
|
statutory county court shall collect from a defendant a court cost |
|
of $4 under Section 152.0522, Human Resources Code, on conviction |
|
in Comal County. |
|
SECTION 7.112. Section 102.081, Government Code, is amended |
|
to read as follows: |
|
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $20; |
|
(2) a fee for clerk of the court services (Art. |
|
102.005, Code of Criminal Procedure) . . . $40; |
|
(3) a records management and preservation services fee |
|
(Art. 102.005, Code of Criminal Procedure) . . . $25; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a graffiti eradication fee (Art. 102.0171, Code of |
|
Criminal Procedure) . . . $5; and |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5. |
|
SECTION 7.113. Subchapter F, Chapter 102, Government Code, |
|
is amended by reenacting and amending Section 102.101, as amended |
|
by Chapters 240 and 949, Acts of the 79th Legislature, Regular |
|
Session, 2005, and adding Sections 102.102 and 102.103 to read as |
|
follows: |
|
Sec. 102.101. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT: CODE OF CRIMINAL PROCEDURE. A clerk of a justice |
|
court shall collect fees and costs under the Code of Criminal |
|
Procedure on conviction of a defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(2) a fee for withdrawing request for jury less than 24 |
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(3) a jury fee for two or more defendants tried jointly |
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $4 [$3]; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0173, Code of Criminal Procedure) . . . $4; |
|
(6) [a court cost on conviction in Comal County (Sec.
|
|
152.0522, Human Resources Code) .
.
. $1.50; and
|
|
[(7)] a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5; |
|
(7) a fee on conviction of certain offenses involving |
|
issuing or passing a subsequently dishonored check (Art. 102.0071, |
|
Code of Criminal Procedure) . . . not to exceed $30; and |
|
(8) a court cost on conviction of a Class C misdemeanor |
|
in a county with a population of 3.3 million or more, if authorized |
|
by the county commissioners court (Art. 102.009, Code of Criminal |
|
Procedure) . . . not to exceed $7. |
|
Sec. 102.102. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT: BUSINESS & COMMERCE CODE. The clerk of a justice |
|
court shall collect from a defendant a court cost not to exceed $30 |
|
under Section 3.506, Business & Commerce Code, on conviction of |
|
certain offenses involving issuing or passing a subsequently |
|
dishonored check. |
|
Sec. 102.103. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
JUSTICE COURT: HUMAN RESOURCES CODE. A clerk of a justice court |
|
shall collect from a defendant a court cost of $1.50 under Section |
|
152.0522, Human Resources Code, on conviction in Comal County. |
|
SECTION 7.114. Section 102.121, Government Code, is amended |
|
to read as follows: |
|
Sec. 102.121. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
MUNICIPAL COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a |
|
municipal court shall collect fees and costs on conviction of a |
|
defendant as follows: |
|
(1) a jury fee (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(2) a fee for withdrawing request for jury less than 24 |
|
hours before time of trial (Art. 102.004, Code of Criminal |
|
Procedure) . . . $3; |
|
(3) a jury fee for two or more defendants tried jointly |
|
(Art. 102.004, Code of Criminal Procedure) . . . one jury fee of $3; |
|
(4) a security fee on a misdemeanor offense (Art. |
|
102.017, Code of Criminal Procedure) . . . $3; |
|
(5) a fee for technology fund on a misdemeanor offense |
|
(Art. 102.0172, Code of Criminal Procedure) . . . not to exceed $4; |
|
and |
|
(6) a juvenile case manager fee (Art. 102.0174, Code |
|
of Criminal Procedure) . . . not to exceed $5. |
|
SECTION 7.115. Subchapter H, Chapter 102, Government Code, |
|
is amended by amending Section 102.141 and adding Section 102.142 |
|
to read as follows: |
|
Sec. 102.141. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF |
|
RECORD: CODE OF CRIMINAL PROCEDURE. The clerk of a municipal court |
|
of record shall collect [the following fees and costs:
|
|
[(1)] from a defendant on conviction of a misdemeanor |
|
offense[,] a fee of not more than $4 under Article 102.0172, Code of |
|
Criminal Procedure, for the technology fund. [on a misdemeanor
|
|
offense (Art. 102.0172, Code of Criminal Procedure) .
.
. not to
|
|
exceed $4;] |
|
Sec. 102.142. ADDITIONAL COURT COSTS IN MUNICIPAL COURT OF |
|
RECORD: GOVERNMENT CODE. The clerk of a municipal court of record |
|
shall collect the following fees and costs: |
|
(1) [(2)] from an appellant, a fee for preparation of |
|
the clerk's record (Sec. 30.00014, Government Code) . . . $25; and |
|
(2) [(3)] from an appellant in the City of El Paso, an |
|
appellate court docket fee (Sec. 30.00147, Government Code) . . . |
|
$25. |
|
SECTION 7.116. Subchapter B, Chapter 103, Government Code, |
|
is amended by amending Section 103.021, reenacting and amending |
|
Section 103.022, as amended by Chapters 296 and 992, Acts of the |
|
79th Legislature, Regular Session, 2005, and adding Sections |
|
103.0211 through 103.0215 and 103.023 through 103.033 to read as |
|
follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
or a party to a civil suit, as applicable, shall pay the following |
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence shelter center fee (Art. 42.12, |
|
Code of Criminal Procedure) . . . not to exceed $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . $10; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) [(B)] for requesting a driving safety course |
|
or a course under the motorcycle operator training and safety |
|
program before the final disposition of the case (Art. |
|
45.0511(f)(2), Code of Criminal Procedure) . . . not to exceed the |
|
maximum amount of the fine for the offense committed by the |
|
defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(20-b) a fee to defray the cost of notifying state |
|
agencies of orders of expunction (Art. 45.055, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
[(20-c)
a fee to defray the cost of notifying state
|
|
agencies of orders of expungement (Sec. 106.12, Alcoholic Beverage
|
|
Code) .
.
. $30 per application;
|
|
[(20-d)
a fee to defray the cost of notifying state
|
|
agencies of orders of expungement (Sec. 161.255, Health and Safety
|
|
Code) .
.
. $30 per application;] |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program (Art. |
|
102.012, Code of Criminal Procedure) . . . not to exceed $60 a month |
|
plus expenses; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; and |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due. |
|
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
|
to a civil suit, as applicable, shall pay the following fees and |
|
costs under the Government Code if ordered by the court or otherwise |
|
required: |
|
(1) [(25)] a court reporter fee when testimony is |
|
taken: |
|
(A) in a criminal court in Dallas County (Sec. |
|
25.0593, Government Code) . . . $3; |
|
(B) in a county criminal court of appeals in |
|
Dallas County (Sec. 25.0594, Government Code) . . . $3; |
|
(C) in a county court at law in McLennan County |
|
(Sec. 25.1572, Government Code) . . . $3; and |
|
(D) in a county criminal court in Tarrant County |
|
(Sec. 25.2223, Government Code) . . . $3; |
|
(2) a court reporter service fee if the courts have |
|
official court reporters (Sec. 51.601, Government Code) . . . $15; |
|
(3) [(26)] a speedy trial filing fee in El Paso County |
|
(Sec. 54.745, Government Code) . . . $100; |
|
(4) [(27)] costs for use of magistrate in Brazos |
|
County (Sec. 54.1116, Government Code) . . . not to exceed $50; |
|
(5) the costs of a criminal magistrate if the court |
|
determines that the nonprevailing party is able to defray the |
|
costs: |
|
(A) in Bexar County (Sec. 54.913, Government |
|
Code) . . . magistrate's fees; |
|
(B) in Dallas County (Sec. 54.313, Government |
|
Code) . . . magistrate's fees; |
|
(C) in Lubbock County (Sec. 54.883, Government |
|
Code) . . . magistrate's fees; |
|
(D) in Tarrant County (Sec. 54.663, Government |
|
Code) . . . magistrate's fees; |
|
(E) in Travis County (Sec. 54.983, Government |
|
Code) . . . magistrate's fees; and |
|
(F) in Williamson County (Sec. 54.958, |
|
Government Code) . . . expense of the magistrate; |
|
(6) [(28)] an administrative fee for participation in |
|
certain community supervision programs (Sec. 76.015, Government |
|
Code) . . . not less than $25 and not more than $40 per month; and |
|
(7) fee paid on filing a petition for an order of |
|
nondisclosure of criminal history record information in certain |
|
cases (Sec. 411.081, Government Code) . . . $28. |
|
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a |
|
civil suit, as applicable, shall pay the following fees and costs |
|
under the Family Code if ordered by the court or otherwise required: |
|
(1) [(29)] in family matters: |
|
(A) issuing writ of withholding (Sec. 8.262, |
|
Family Code) . . . $15; |
|
(B) filing copy of writ of withholding to |
|
subsequent employer (Sec. 8.267, Family Code) . . . $15; |
|
(C) issuing and delivering modified writ of |
|
withholding or notice of termination (Sec. 8.302, Family Code) |
|
. . . $15; |
|
(D) issuing and delivering notice of termination |
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
(E) issuance of change of name certificate (Sec. |
|
45.106, Family Code) . . . $10; |
|
(F) protective order fee (Sec. 81.003, Family |
|
Code) . . . $16; |
|
(G) filing suit requesting adoption of child |
|
(Sec. 108.006, Family Code) . . . $15; |
|
(H) filing fees for suits affecting parent-child |
|
relationship (Sec. 110.002, Family Code): |
|
(i) suit or motion for modification (Sec. |
|
110.002, Family Code) . . . $15; |
|
(ii) motion for enforcement (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(iii) notice of application for judicial |
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
(iv) motion to transfer (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(v) petition for license suspension (Sec. |
|
110.002, Family Code) . . . $15; |
|
(vi) motion to revoke a stay of license |
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
(vii) motion for contempt (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(I) order or writ of income withholding to be |
|
delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
exceed $15; |
|
(J) filing fee for transferred case (Sec. |
|
110.005, Family Code) . . . $45; |
|
(K) filing a writ of withholding (Sec. 158.319, |
|
Family Code) . . . $15; |
|
(L) filing a request for modified writ of |
|
withholding or notice of termination (Sec. 158.403, Family Code) |
|
. . . not to exceed $15; |
|
(M) filing an administrative writ to employer |
|
(Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
(N) genetic testing fees in relation to a child |
|
born to a gestational mother (Sec. 160.762, Family Code) . . . as |
|
assessed by the court; and |
|
(2) [(30)] in juvenile court: |
|
(A) fee schedule for deferred prosecution |
|
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; |
|
(B) a teen court administration fee (Sec. 54.032, |
|
Family Code) . . . not to exceed $10; |
|
(C) court costs for juvenile probation diversion |
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
(D) a juvenile delinquency prevention fee (Sec. |
|
54.0461, Family Code) . . . $5; and |
|
(E) a court fee for child's probationary period |
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month. [;] |
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Transportation Code if ordered by the court or |
|
otherwise required: |
|
(1) [(31)
a court reporter service fee if the courts
|
|
have official court reporters (Sec. 51.601, Government Code) .
.
.
|
|
$15;
|
|
[(32)] administrative fee on dismissal of charge of |
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
Transportation Code) . . . not to exceed $10; |
|
(2) [(33)] administrative fee on dismissal of charge |
|
of driving with an expired driver's license (Sec. 521.026, |
|
Transportation Code) . . . not to exceed $10; |
|
(3) [(34)] administrative fee on remediation of |
|
charge of driving with an expired inspection certificate (Sec. |
|
548.605, Transportation Code) . . . not to exceed $10; |
|
(4) [(35)] administrative fee for failure to appear |
|
for a complaint or citation on certain offenses (Sec. 706.006, |
|
Transportation Code) . . . $30 for each violation; and |
|
(5) [(36)] administrative fee for failure to pay or |
|
satisfy certain judgments (Sec. 706.006, Transportation Code) |
|
. . . $30. [;] |
|
Sec. 103.0214. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: HEALTH AND SAFETY CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Health and Safety Code if ordered by the court |
|
or otherwise required: |
|
(1) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Sec. 161.255, Health and Safety |
|
Code) . . . $30 per application; and |
|
(2) [(37)
fee paid on filing a petition for an order of
|
|
nondisclosure of criminal history record information in certain
|
|
cases (Sec. 411.081, Government Code) .
.
. $28;
|
|
[(38)] on a finding that an animal's owner has cruelly |
|
treated the animal, court costs including: |
|
(A) investigation (Sec. 821.023, Health and |
|
Safety Code) . . . actual costs; |
|
(B) expert witnesses (Sec. 821.023, Health and |
|
Safety Code) . . . actual costs; |
|
(C) housing and caring for the animal during its |
|
impoundment (Sec. 821.023, Health and Safety Code) . . . actual |
|
costs; |
|
(D) conducting any public sale ordered by the |
|
court (Sec. 821.023, Health and Safety Code) . . . actual costs; |
|
and |
|
(E) humanely destroying the animal if |
|
destruction is ordered by the court (Sec. 821.023, Health and |
|
Safety Code) . . . actual costs[;
|
|
[(39)
the costs of a criminal magistrate if the court
|
|
determines that the nonprevailing party is able to defray the
|
|
costs:
|
|
[(A)
in Bexar County (Sec. 54.913, Government
|
|
Code) .
.
. magistrate's fees;
|
|
[(B)
in Dallas County (Sec. 54.313, Government
|
|
Code) .
.
. magistrate's fees;
|
|
[(C)
in Lubbock County (Sec. 54.883, Government
|
|
Code) .
.
. magistrate's fees;
|
|
[(D)
in Tarrant County (Sec. 54.663, Government
|
|
Code) .
.
. magistrate's fees;
|
|
[(E)
in Travis County (Sec. 54.983, Government
|
|
Code)
.
.
. magistrate's fees; and
|
|
[(F)
in Williamson County (Sec. 54.958,
|
|
Government Code)
.
.
. expense of the magistrate; and
|
|
[(40)
a collection fee, if authorized by the
|
|
commissioners court of a county or the governing body of a
|
|
municipality, for certain debts and accounts receivable, including
|
|
unpaid fines, fees, court costs, forfeited bonds, and restitution
|
|
ordered paid (Art. 103.0031, Code of Criminal Procedure)
.
.
.
30
|
|
percent of an amount more than 60 days past due]. |
|
Sec. 103.0215. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: ALCOHOLIC BEVERAGE CODE. An accused or defendant, or |
|
a party to a civil suit, as applicable, shall pay a fee under |
|
Section 106.12, Alcoholic Beverage Code, of $30 per application to |
|
defray the cost of notifying state agencies of orders of |
|
expungement. |
|
Sec. 103.022. MISCELLANEOUS FEES AND COSTS: BUSINESS |
|
ORGANIZATIONS CODE. A reasonable appraiser's fee [The following
|
|
fees and costs] shall be paid or collected as court costs under |
|
Section 10.365, Business Organizations Code, for determining the |
|
fair value of ownership interests of owners who have perfected |
|
their rights. |
|
Sec. 103.023. MISCELLANEOUS FEES AND COSTS: CIVIL PRACTICE |
|
AND REMEDIES CODE. Fees and costs shall be paid or collected under |
|
the Civil Practice and Remedies Code as follows: |
|
(1) fee for use of an interpreter in civil cases (Sec. |
|
21.051, Civil Practice and Remedies Code) . . . $3; |
|
(2) fee for custodian of a record compelled by a court |
|
to produce or certify the record (Sec. 22.004, Civil Practice and |
|
Remedies Code) . . . $1; |
|
(3) cost for use of certified copy of the record of |
|
names of all trustees appointed by any state organization of a |
|
religious congregation in this state (Sec. 126.012, Civil Practice |
|
and Remedies Code) . . . $1.50; and |
|
(4) a witness's fee for one day to be paid by the party |
|
who subpoenas the witness (Sec. 22.001, Civil Practice and Remedies |
|
Code) . . . $10. |
|
Sec. 103.024. MISCELLANEOUS FEES AND COSTS: CODE OF |
|
CRIMINAL PROCEDURE. Fees and costs shall be paid or collected under |
|
the Code of Criminal Procedure as follows: |
|
(1) [(4)] filing of a restitution lien (Art. 42.22, |
|
Code of Criminal Procedure) . . . $5; |
|
(2) [(5)] issuance and service of a warrant of arrest |
|
for certain offenses if prescribed by the municipality (Art. |
|
45.203, Code of Criminal Procedure) . . . not to exceed $25; and |
|
(3) a fee for each agency or organization designated |
|
by a registered sex offender for receipt of a copy of an order |
|
making the registration nonpublic (Sec. 62.353, Code of Criminal |
|
Procedure) . . . $20. |
|
Sec. 103.025. MISCELLANEOUS FEES AND COSTS: EDUCATION |
|
CODE. Each party in a case between a juvenile board and a school |
|
district that fail to agree on a memorandum of understanding |
|
related to the juvenile justice alternative education program shall |
|
pay under Section 37.011, Education Code, its pro rata share of the |
|
costs of arbitration. |
|
Sec. 103.026. MISCELLANEOUS FEES AND COSTS: FAMILY CODE. |
|
Fees and costs shall be paid or collected under the Family Code as |
|
follows: |
|
(1) [(6)
filing a certified copy of a judicial finding
|
|
of fact and conclusion of law if charged by the secretary of state
|
|
(Sec. 51.905, Government Code) .
.
.
$15;
|
|
[(7)] costs of determining and sending information |
|
concerning the identity of the court with continuing, exclusive |
|
jurisdiction if charged by the bureau of vital statistics (Sec. |
|
108.006, Family Code) . . . reasonable fee; |
|
(2) [(8)] initial operations fee paid to domestic |
|
relations office on filing of a suit affecting the parent-child |
|
relationship, if authorized by the administering entity (Sec. |
|
203.005, Family Code) . . . not to exceed $15; |
|
(3) [(9)] initial child support service fee paid to |
|
domestic relations office in certain counties on filing of a suit |
|
affecting the parent-child relationship, if authorized by the |
|
administering entity (Sec. 203.005, Family Code) . . . not to |
|
exceed $36; |
|
(4) [(10)] service fee for services of a domestic |
|
relations office, if authorized by the administering entity (Sec. |
|
203.005, Family Code) . . . not to exceed $3 per month; |
|
(5) fee to reimburse a domestic relations office for a |
|
fee paid for filing an administrative writ of withholding (Secs. |
|
158.503 and 203.005, Family Code) . . . the amount of the fee paid; |
|
(6) [(11)] fee from a Title IV-D agency for each item |
|
of process to each individual on whom service is required, |
|
including service by certified or registered mail (Sec. 231.202, |
|
Family Code) . . . the amount that a sheriff or constable may charge |
|
for serving process under Section 118.131, Local Government Code; |
|
and |
|
(7) a fee for mailing an order vacating or staying an |
|
order suspending a license to the appropriate licensing authority |
|
(Sec. 232.013, Family Code) . . . $5 for each order mailed. |
|
Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT |
|
CODE. Fees and costs shall be paid or collected under the |
|
Government Code as follows: |
|
(1) filing a certified copy of a judicial finding of |
|
fact and conclusion of law if charged by the secretary of state |
|
(Sec. 51.905, Government Code) . . . $15; |
|
(2) cost paid by each surety posting the bail bond for |
|
an offense other than a misdemeanor punishable by fine only under |
|
Chapter 17, Code of Criminal Procedure, for the felony prosecutor |
|
supplement fund and the fair defense account (Sec. 41.258, |
|
Government Code) . . . $15, provided the cost does not exceed $30 |
|
for all bail bonds posted at that time for an individual and the |
|
cost is not required on the posting of a personal or cash bond; |
|
(3) to participate in a court proceeding in this |
|
state, a nonresident attorney fee for civil legal services to the |
|
indigent (Sec. 82.0361, Government Code) . . . $250 except as |
|
waived or reduced under supreme court rules for representing an |
|
indigent person; |
|
(4) on a party's appeal of a final decision in a |
|
contested case, the cost of preparing the original or a certified |
|
copy of the record of the agency proceeding, if required by the |
|
agency's rule, as a court cost (Sec. 2001.177, Government Code) |
|
. . . as assessed by the court, all or part of the cost of |
|
preparation; |
|
(5) compensation to a referee in juvenile court in |
|
Wichita County taxed as costs if the judge determines the parties |
|
are able to pay the costs (Sec. 54.403, Government Code) . . . as |
|
determined by the judge; and |
|
(6) the expense of preserving the record as a court |
|
cost in Brazos County if imposed on a party by the referring court |
|
or magistrate (Sec. 54.1111, Government Code) . . . actual cost. |
|
Sec. 103.028. MISCELLANEOUS FEES AND COSTS: HUMAN |
|
RESOURCES CODE. Fees and costs shall be paid or collected under the |
|
Human Resources Code as follows: |
|
(1) [(12)] certain transactions with respect to a suit |
|
for spousal support or a suit affecting the parent-child |
|
relationship in Harris County, if authorized by the county |
|
commissioners court (Sec. 152.1074, Human Resources Code) . . . not |
|
to exceed $2 per transaction; and |
|
(2) [(13)] child support service fee in Smith County |
|
if court allows assessment by child support office (Sec. 152.2183, |
|
Human Resources Code) . . . not to exceed $2.50 a month. [;] |
|
Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND |
|
SAFETY CODE. Fees and costs shall be paid or collected under the |
|
Health and Safety Code as follows: |
|
(1) a program fee for a drug court program established |
|
under Section 469.002, Health and Safety Code (Sec. 469.004, Health |
|
and Safety Code) . . . not to exceed $1,000; and |
|
(2) a urinalysis testing and counseling fee (Sec. |
|
469.004, Health and Safety Code) . . . the amount necessary to |
|
cover the costs of testing and counseling. |
|
Sec. 103.030. MISCELLANEOUS FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. Fees and costs shall be paid or collected under |
|
the Local Government Code as follows: |
|
(1) [(14)] services by the offices of the sheriff and |
|
constables (Sec. 118.131, Local Government Code) . . . amount set |
|
by county commissioners court; |
|
[(15)
cost paid by each surety posting the bail bond
|
|
for an offense other than a misdemeanor punishable by fine only
|
|
under Chapter 17, Code of Criminal Procedure, for the felony
|
|
prosecutor supplement fund and the fair defense account (Sec.
|
|
41.258, Government Code) .
.
. $15, provided the cost does not
|
|
exceed $30 for all bail bonds posted at that time for an individual
|
|
and the cost is not required on the posting of a personal or cash
|
|
bond;
|
|
[(16)
appraiser's fee as court costs for determining
|
|
the fair value of ownership interests of owners who have perfected
|
|
their rights (Sec. 10.365, Business Organizations Code) .
.
. a
|
|
reasonable fee;
|
|
[(16-a)
an appraiser's fee as court costs for
|
|
determining the fair value of the shares of the shareholders
|
|
entitled to payment for their shares in a real estate investment
|
|
trust (Sec. 25.20, Art. 6138A, Vernon's Texas Civil Statutes) .
.
.
|
|
a reasonable fee;
|
|
[(16-b)
an appraiser's fee as court costs for
|
|
determining the fair value of the shares of the shareholders
|
|
entitled to payment for their shares by the existing, surviving, or
|
|
new corporation (Art. 5.12, Texas Business Corporation Act) .
.
. a
|
|
reasonable fee;
|
|
[(17)
to participate in a court proceeding in this
|
|
state, a nonresident attorney fee for civil legal services to the
|
|
indigent (Sec. 82.0361, Government Code)
.
.
. $250 except as
|
|
waived or reduced under supreme court rules for representing an
|
|
indigent person;
|
|
[(18)
costs of investigation, reasonable attorney's
|
|
fees, and reasonable expert witness fees in a civil suit or a
|
|
criminal prosecution for recovery of the value of any fish,
|
|
shellfish, reptile, amphibian, bird, or animal (Sec. 12.308, Parks
|
|
and Wildlife Code) .
.
. actual costs.
|
|
[(18)
a witness's fee for one day to be paid by the
|
|
party who subpoenas the witness (Sec. 22.001, Civil Practice and
|
|
Remedies Code) .
.
. $10;
|
|
[(19)
on a party's appeal of a final decision in a
|
|
contested case, the cost of preparing the original or a certified
|
|
copy of the record of the agency proceeding, if required by the
|
|
agency's rule, as a court cost (Sec. 2001.177, Government Code)
|
|
.
.
. as assessed by the court, all or part of the cost of
|
|
preparation;
|
|
[(20)
the costs of arbitration in cases between a
|
|
juvenile board and a school district that fail to agree on a
|
|
memorandum of understanding related to the juvenile justice
|
|
alternative education program (Sec. 37.011, Education Code) .
.
.
|
|
each party its pro rata share of the costs;
|
|
[(21)
compensation to a referee in juvenile court in
|
|
Wichita County taxed as costs if the judge determines the parties
|
|
are able to pay the costs (Sec. 54.403, Government Code) .
.
. as
|
|
determined by the judge;
|
|
[(22)
the expense of preserving the record as a court
|
|
cost in Brazos County if imposed on a party by the referring court
|
|
or magistrate (Sec. 54.1111, Government Code) .
.
. actual cost;] |
|
(2) [(23)] a filing fee or recording fee for each page |
|
of a legal paper presented for filing or recording that fails to |
|
meet certain requirements regarding paper size, weight, substance, |
|
headings, legibility, the presence of typed or printed names under |
|
each signature, and number and size of riders or attachments (Sec. |
|
191.007, Local Government Code) . . . twice the regular filing fee |
|
or recording fee provided by statute for that page, rider, or |
|
attachment; |
|
(3) [(24)] a processing fee as authorized by the |
|
commissioners court for the payment by credit card of a fee, court |
|
cost, or other charge processed by a county or precinct officer |
|
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
|
reasonably related to the expense incurred by the county or |
|
precinct officer but not to exceed five percent of the amount of the |
|
fee, court cost, or other charge being paid; |
|
(4) [(25)] a processing fee as authorized by the |
|
governing body of the municipality for the payment by credit card of |
|
a fee, court cost, or other charge processed by a municipal official |
|
(Secs. 132.002 and 132.003, Local Government Code) . . . an amount |
|
reasonably related to the expense incurred by the municipal |
|
official but not to exceed five percent of the amount of the fee, |
|
court cost, or other charge being paid; |
|
(5) [(26)] a handling fee, if authorized by the |
|
commissioners court under Section 132.002, Local Government Code, |
|
for electronically processing the payment of a fee, fine, court |
|
cost, or other charge (Secs. 132.002 and 132.003, Local Government |
|
Code): |
|
(A) charged at a flat rate that does not exceed $5 |
|
for each payment transaction; or |
|
(B) charged at a rate reasonably related to the |
|
expense incurred in processing a payment and that does not exceed |
|
five percent of the amount of the fee, court cost, or other charge |
|
being paid; |
|
(6) [(27)] a fee, if authorized by the commissioners |
|
court, collected by a county or precinct officer on behalf of the |
|
county from a person making payment by credit card of a fee, court |
|
cost, or other charge (Sec. 132.003, Local Government |
|
Code) . . . an amount equal to the amount of any transaction fee |
|
charged to the county by a vendor providing services in connection |
|
with payments made by credit card. [;] |
|
Sec. 103.031. MISCELLANEOUS FEES AND COSTS: PARKS AND |
|
WILDLIFE CODE. The actual costs of investigation, reasonable |
|
attorney's fees, and reasonable expert witness fees in a civil suit |
|
or a criminal prosecution for recovery of the value of any fish, |
|
shellfish, reptile, amphibian, bird, or animal may be collected |
|
under Section 12.308, Parks and Wildlife Code. |
|
Sec. 103.032. MISCELLANEOUS FEES AND COSTS: TEXAS BUSINESS |
|
CORPORATION ACT. A reasonable appraiser's fee may be collected |
|
under Article 5.12, Texas Business Corporation Act, as court costs |
|
for determining the fair value of the shares of the shareholders |
|
entitled to payment for their shares by the existing, surviving, or |
|
new corporation. |
|
Sec. 103.033. MISCELLANEOUS FEES AND COSTS: VERNON'S TEXAS |
|
CIVIL STATUTES. Fees and costs shall be paid or collected under |
|
Vernon's Texas Civil Statutes as follows: |
|
(1) an appraiser's fee as court costs for determining |
|
the fair value of the shares of the shareholders entitled to payment |
|
for their shares in a real estate investment trust (Sec. 25.20, Art. |
|
6138A, Vernon's Texas Civil Statutes) . . . a reasonable fee; and |
|
(2) [(28)] a fee for sale of securities under an |
|
offering that has not been registered, if the transaction or |
|
securities are not exempt (Art. 581-35-2, Vernon's Texas Civil |
|
Statutes) . . . as set by the securities commissioner or court, but |
|
not to exceed six times the amount that would have been paid if the |
|
issuer had filed an application to register the securities and paid |
|
the fee prescribed based on the amount of sales made in this state |
|
within the prior three years, plus interest on that amount from the |
|
date of the first sale made in this state until the date the fee is |
|
paid[; and
|
|
[(29)
a fee for mailing an order vacating or staying an
|
|
order suspending a license to the appropriate licensing authority
|
|
(Sec. 232.013, Family Code) .
.
.
$5 for each order mailed]. |
|
SECTION 7.117. Subchapter I, Chapter 102, Government Code, |
|
is repealed. |
|
ARTICLE 8. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 8.001. Section 382.018, Health and Safety Code, as |
|
amended by Chapters 419 and 904, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and amended to read as follows: |
|
Sec. 382.018. OUTDOOR BURNING OF WASTE AND COMBUSTIBLE |
|
MATERIAL. (a) Subject to Section 352.082, Local Government Code, |
|
and except [Except] as provided by Subsections (b) and (d), the |
|
commission by rule may control and prohibit the outdoor burning of |
|
waste and combustible material and may include requirements |
|
concerning the particular method to be used to control or abate the |
|
emission of air contaminants resulting from that burning. |
|
(b) The commission by rule shall authorize outdoor burning |
|
of waste if the waste: |
|
(1) consists of trees, brush, grass, leaves, branch |
|
trimmings, or other plant growth; and |
|
(2) is burned: |
|
(A) in an area that meets the national ambient |
|
air quality standards and that does not contain any part of a city |
|
that does not meet national ambient air quality standards; and |
|
(B) on the property on which it was generated and |
|
by the owner of the property or any other person authorized by the |
|
owner. |
|
(c) Rules adopted under Subsection (b) may not: |
|
(1) require prior commission approval of the burning; |
|
or |
|
(2) authorize the burning only when no practical |
|
alternative to burning exists. |
|
(d) The commission may not control or prohibit outdoor |
|
burning of waste consisting of trees, brush, grass, leaves, branch |
|
trimmings, or other plant growth if: |
|
(1) the person burning the waste is doing so at a site: |
|
(A) designated for consolidated burning of waste |
|
generated from specific residential properties; |
|
(B) located in a county with a population of less |
|
than 50,000; |
|
(C) located outside of a municipality; and |
|
(D) supervised at the time of the burning by an |
|
employee of a fire department who is part of the fire protection |
|
personnel, as defined by Section 419.021, Government Code, of the |
|
department and is acting in the scope of the person's employment; |
|
and |
|
(2) the waste was generated from a property for which |
|
the site is designated. |
|
(e) A fire department employee who will supervise a burning |
|
under Subsection (d)(1)(D) shall notify the commission of each |
|
burning supervised by the employee, and the commission shall |
|
provide the employee with information on practical alternatives to |
|
burning. |
|
SECTION 8.002. Section 382.133(d), Health and Safety Code, |
|
as added by Section 3.02, Chapter 281, Acts of the 79th Legislature, |
|
Regular Session, 2005, is repealed to conform to Section 1, Chapter |
|
864, Acts of the 79th Legislature, Regular Session, 2005. |
|
SECTION 8.003. Section 614.0032(b), Health and Safety Code, |
|
as amended by Chapters 324 and 1269, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and amended to read as follows: |
|
(b) The office shall: |
|
(1) [,] with the special assistance of committee |
|
members appointed under Section 614.002(b)(1)[, shall]: |
|
(A) [(1)] review examinations to determine the |
|
competency of defendants in criminal cases to stand trial and |
|
examinations to determine the fitness of children to proceed with |
|
respect to adjudications of delinquent conduct or conduct |
|
indicating a need for supervision; and |
|
(B) [(2)] periodically report to the legislature |
|
and the court of criminal appeals findings made as a result of the |
|
review described by Paragraph (A); and |
|
(2) [Subdivision (1)] approve and make generally |
|
available in electronic format a standard form for use by experts in |
|
reporting competency examination results under Chapter 46B, Code of |
|
Criminal Procedure. |
|
ARTICLE 9. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 9.001. (a) Section 401.010(a), Insurance Code, is |
|
amended to conform to Section 2, Chapter 408, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) An accountant must audit the financial reports provided |
|
by an insurer or health maintenance organization for purposes of an |
|
audit under this subchapter. The accountant who audits the reports |
|
must conduct the audit in accordance with generally accepted |
|
auditing standards or with standards adopted by the Public Company |
|
Accounting Oversight Board, as applicable, and must consider the |
|
standards specified [other procedures described] in the Financial |
|
Condition Examiner's Handbook adopted by the National Association |
|
of Insurance Commissioners or other analagous nationally |
|
recognized standards adopted by commissioner rule. |
|
(b) Section 2, Chapter 408, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (b), Section |
|
14, Article 1.15A, Insurance Code, is repealed. |
|
SECTION 9.002. (a) Section 401.011(d), Insurance Code, is |
|
amended to conform to Section 1, Chapter 408, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(d) The commissioner may not accept an audited financial |
|
report prepared wholly or partly by an individual or firm who the |
|
commissioner finds: |
|
(1) has been convicted of fraud, bribery, a violation |
|
of the Racketeer Influenced and Corrupt Organizations Act (18 |
|
U.S.C. Section 1961 et seq.), or a state or federal criminal offense |
|
involving dishonest conduct; |
|
(2) has violated the insurance laws of this state with |
|
respect to a report filed under this subchapter; [or] |
|
(3) has demonstrated a pattern or practice of failing |
|
to detect or disclose material information in reports filed under |
|
this subchapter; or |
|
(4) has directly or indirectly entered into an |
|
agreement of indemnity or release of liability regarding an audit |
|
of an insurer. |
|
(b) Section 1, Chapter 408, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (c), Section |
|
12, Article 1.15A, Insurance Code, is repealed. |
|
SECTION 9.003. Subchapters A, B, C, D, E, F, G, H, I, J, K, |
|
L, M, N, O, and P, Chapter 442, Insurance Code, and Section 6.069, |
|
Chapter 265, Acts of the 79th Legislature, Regular Session, 2005, |
|
which amended former Section 3A, Article 21.28, Insurance Code, are |
|
repealed to conform to the repeal of Article 21.28, Insurance Code, |
|
by Section 9, Chapter 995, Acts of the 79th Legislature, Regular |
|
Session, 2005. |
|
SECTION 9.004. (a) The following changes are made to Title |
|
1, Insurance Code, and Subtitle C, Title 4, Insurance Code, for |
|
organizational purposes: |
|
(1) Chapter 21A, Insurance Code, is redesignated as |
|
Chapter 443, Subtitle C, Title 4, Insurance Code, and: |
|
(A) Subchapter A in the redesignated chapter is |
|
redesignated as Subchapter A, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.001, |
|
21A.002, 21A.003, 21A.004, 21A.005, 21A.006, 21A.007, 21A.008, |
|
21A.009, 21A.010, 21A.011, 21A.012, 21A.013, 21A.0135, 21A.014, |
|
21A.015, 21A.016, and 21A.017, are redesignated as Sections |
|
443.001, 443.002, 443.003, 443.004, 443.005, 443.006, 443.007, |
|
443.008, 443.009, 443.010, 443.011, 443.012, 443.013, 443.0135, |
|
443.014, 443.015, 443.016, and 443.017, respectively; |
|
(B) Subchapter B in the redesignated chapter is |
|
redesignated as Subchapter B, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.051 through |
|
21A.059, are redesignated as Sections 443.051 through 443.059; |
|
(C) Subchapter C in the redesignated chapter is |
|
redesignated as Subchapter C, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.101 through |
|
21A.105, are redesignated as Sections 443.101 through 443.105; |
|
(D) Subchapter D in the redesignated chapter is |
|
redesignated as Subchapter D, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.151 through |
|
21A.156, are redesignated as Sections 443.151 through 443.156; |
|
(E) Subchapter E in the redesignated chapter is |
|
redesignated as Subchapter E, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.201 through |
|
21A.213, are redesignated as Sections 443.201 through 443.213; |
|
(F) Subchapter F in the redesignated chapter is |
|
redesignated as Subchapter F, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.251 through |
|
21A.261, are redesignated as Sections 443.251 through 443.261; |
|
(G) Subchapter G in the redesignated chapter is |
|
redesignated as Subchapter G, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.301 through |
|
21A.304, are redesignated as Sections 443.301 through 443.304; |
|
(H) Subchapter H in the redesignated chapter is |
|
redesignated as Subchapter H, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.351 through |
|
21A.355, are redesignated as Sections 443.351 through 443.355; and |
|
(I) Subchapter I in the redesignated chapter is |
|
redesignated as Subchapter I, Chapter 443, Insurance Code, and the |
|
sections in the redesignated subchapter, Sections 21A.401 and |
|
21A.402, are redesignated as Sections 443.401 and 443.402, |
|
respectively; and |
|
(2) Subchapter Q, Chapter 442, Insurance Code, is |
|
redesignated as Chapter 444, Insurance Code, the heading of |
|
Subchapter Q is amended to read as follows: "CHAPTER 444 |
|
[SUBCHAPTER Q]. AGENCY CONTRACTS WITH CERTAIN INSURERS", and |
|
Sections 442.801, 442.802, 442.803, and 442.804 in the redesignated |
|
subchapter are redesignated as Sections 444.001, 444.002, 444.003, |
|
and 444.004, respectively. |
|
(b) Sections 21A.004(a)(4), (11), (14), (17), and (26), |
|
Insurance Code, redesignated as Sections 443.004(a)(4), (11), |
|
(14), (17), and (26), Insurance Code, respectively, by Subsection |
|
(a)(1)(A) of this section, are amended to conform to the additional |
|
changes made by Subsection (a)(1) of this section and to the |
|
recodification and repeal of Articles 21.28-C and 21.28-D, |
|
Insurance Code, by Chapter 727, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
(4) "Delinquency proceeding" means any proceeding |
|
instituted against an insurer for the purpose of liquidating, |
|
rehabilitating, or conserving the insurer, and any proceeding under |
|
Section 443.051 [21A.051]. |
|
(11) "Guaranty association" means any mechanism |
|
mandated by [Article 21.28-C or 21.28-D,] Chapter 462, 463, or |
|
2602[,] or other laws of this state or a similar mechanism in |
|
another state that is created for the payment of claims or |
|
continuation of policy obligations of financially impaired or |
|
insolvent insurers. |
|
(14) "Insurer" means any person that has done, |
|
purports to do, is doing, or is authorized to do the business of |
|
insurance in this state, and is or has been subject to the authority |
|
of or to liquidation, rehabilitation, reorganization, supervision, |
|
or conservation by any insurance commissioner. For purposes of |
|
this chapter, any other persons included under Section 443.003 |
|
[21A.003] are insurers. |
|
(17) "Party in interest" means the commissioner, a 10 |
|
percent or greater equity security holder in the insolvent insurer, |
|
any affected guaranty association, any nondomiciliary commissioner |
|
for a jurisdiction in which the insurer has outstanding claims |
|
liabilities, and any of the following parties that have filed a |
|
request for inclusion on the service list under Section 443.007 |
|
[21A.007]: |
|
(A) an insurer that ceded to or assumed business |
|
from the insolvent insurer; and |
|
(B) an equity shareholder, policyholder, |
|
third-party claimant, creditor, and any other person, including any |
|
indenture trustee, with a financial or regulatory interest in the |
|
receivership proceeding. |
|
(26) "Secured claim" means any claim secured by an |
|
asset that is not a general asset. The term includes the right to |
|
set off as provided in Section 443.209 [21A.209]. The term does not |
|
include a claim arising from a constructive or resulting trust, a |
|
special deposit claim, or a claim based on mere possession. |
|
(c) Sections 21A.005(e), (h), and (i), Insurance Code, |
|
redesignated as Sections 443.005(e), (h), and (i), Insurance Code, |
|
respectively, by Subsection (a)(1)(A) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(e) If, on motion of any party, the receivership court finds |
|
that any action, as a matter of substantial justice, should be tried |
|
in a forum outside this state, the receivership court may enter an |
|
appropriate order to stay further proceedings on the action in this |
|
state. Except as to claims against the estate, nothing in this |
|
chapter deprives a party of any contractual right to pursue |
|
arbitration. A party in arbitration may bring a claim or |
|
counterclaim against the estate, but the claim or counterclaim is |
|
subject to Section 443.209 [21A.209]. |
|
(h) At any time after an order is entered pursuant to |
|
Section 443.051, 443.101, or 443.151 [21A.051, 21A.101, or
|
|
21A.151], the commissioner or receiver may transfer the case to the |
|
county of the principal office of the person proceeded against. In |
|
the event of transfer, the court in which the proceeding was |
|
commenced, upon application of the commissioner or receiver, shall |
|
direct its clerk to transmit the court's file to the clerk of the |
|
court to which the case is to be transferred. The proceeding, after |
|
transfer, shall be conducted in the same manner as if it had been |
|
commenced in the court to which the matter is transferred. |
|
(i) A person may not intervene in any delinquency proceeding |
|
in this state for the purpose of seeking or obtaining payment of any |
|
judgment, lien, or other claim of any kind. The claims procedure |
|
set forth in this chapter constitutes the exclusive means for |
|
obtaining payment of claims from the receivership estate. This |
|
provision is not intended to affect the rights conferred on the |
|
guaranty associations by Section 443.008(l) [21A.008(l)]. |
|
(d) Section 21A.008(e), Insurance Code, redesignated as |
|
Section 443.008(e), Insurance Code, by Subsection (a)(1)(A) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(e) Notwithstanding Subsection (c), the commencement of a |
|
delinquency proceeding under this chapter does not operate as a |
|
stay of: |
|
(1) regulatory actions not described by Subsection |
|
(c)(7) that are taken by the commissioners of nondomiciliary |
|
states, including the suspension of licenses; |
|
(2) criminal proceedings; |
|
(3) any act to perfect or to maintain or continue the |
|
perfection of an interest in property to the extent that the act is |
|
accomplished within any relation back period under applicable law; |
|
(4) set off as permitted by Section 443.209 [21A.209]; |
|
(5) pursuit and enforcement of nonmonetary |
|
governmental claims, judgments, and proceedings; |
|
(6) presentment of a negotiable instrument and the |
|
giving of notice and protesting dishonor of the instrument; |
|
(7) enforcement of rights against single beneficiary |
|
trusts established pursuant to and in compliance with laws relating |
|
to credit for reinsurance; |
|
(8) termination, liquidation, and netting of |
|
obligations under qualified financial contracts as provided for in |
|
Section 443.261 [21A.261]; |
|
(9) discharge by a guaranty association of statutory |
|
responsibilities under any law governing guaranty associations; or |
|
(10) any of the following actions: |
|
(A) an audit by a governmental unit to determine |
|
tax liability; |
|
(B) the issuance to the insurer by a governmental |
|
unit of a notice of tax deficiency; |
|
(C) a demand for tax returns; or |
|
(D) the making of an assessment for any tax and |
|
issuance of a notice and demand for payment of the assessment. |
|
(e) Section 21A.009(c), Insurance Code, redesignated as |
|
Section 443.009(c), Insurance Code, by Subsection (a)(1)(A) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(c) If applicable law, an order, or an agreement fixes a |
|
period for commencing or continuing a civil action in a court other |
|
than the receivership court on a claim against the insurer, and the |
|
period has not expired before the date of the initial filing of the |
|
petition in a delinquency proceeding, then the period does not |
|
expire until the later of: |
|
(1) the end of the period, including any suspension of |
|
the period occurring on or after the filing of the initial petition |
|
in the delinquency proceeding; or |
|
(2) 30 days after termination or expiration of the |
|
stay under Section 443.008 [21A.008] with respect to the claim. |
|
(f) Section 21A.0135, Insurance Code, redesignated as |
|
Section 443.0135, Insurance Code, by Subsection (a)(1)(A) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.0135 [21A.0135]. CONTRACTS FOR SPECIAL DEPUTIES. |
|
(a) The receiver shall use a competitive bidding process in the |
|
selection of any special deputies appointed under Section 443.102 |
|
or 443.154 [21A.102 or 21A.154]. The process must include |
|
procedures to promote the participation of historically |
|
underutilized businesses that have been certified by the Texas |
|
Building and Procurement Commission under Section 2161.061, |
|
Government Code. |
|
(b) A proposal submitted in connection with a bid |
|
solicitation under Subsection (a) must describe the efforts that |
|
have been made to include historically underutilized businesses as |
|
subcontractors and the plan for using the historically |
|
underutilized businesses in the administration of the receivership |
|
estate. A special deputy appointed under Section 443.102 or |
|
443.154 [21A.102 or 21A.154] shall make a good faith effort to |
|
implement the plan and shall report to the receiver the special |
|
deputy's efforts to identify and subcontract with historically |
|
underutilized businesses. |
|
(g) Sections 21A.015(a), (c), and (i), Insurance Code, |
|
redesignated as Sections 443.015(a), (c), and (i), Insurance Code, |
|
respectively, by Subsection (a)(1)(A) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) The receiver may pay any expenses under contracts, |
|
leases, employment agreements, or other arrangements entered into |
|
by the insurer prior to receivership, as the receiver deems |
|
necessary for the purposes of this chapter. The receiver is not |
|
required to pay any expenses that the receiver determines are not |
|
necessary, and may reject any contract pursuant to Section 443.013 |
|
[21A.013]. |
|
(c) The receiver shall submit to the receivership court an |
|
application pursuant to Section 443.007 [21A.007] to approve: |
|
(1) the terms of compensation of each special deputy |
|
or contractor with respect to which the total amount of the |
|
compensation is reasonably expected by the receiver for the |
|
duration of the delinquency proceeding to exceed $250,000, or |
|
another amount established by the receivership court; and |
|
(2) any other anticipated expense in excess of |
|
$25,000, or another amount established by the receivership court. |
|
(i) All expenses of receivership shall be paid from the |
|
assets of the insurer, except as provided by this subsection. In |
|
the event that the property of the insurer does not contain |
|
sufficient cash or liquid assets to defray the expenses incurred, |
|
the commissioner may advance funds from the account established |
|
under Section 443.304(c) [21A.304(c)]. Any amounts advanced shall |
|
be repaid to the account out of the first available money of the |
|
insurer. |
|
(h) Sections 21A.051(a), (b), and (i), Insurance Code, |
|
redesignated as Sections 443.051(a), (b), and (i), Insurance Code, |
|
respectively, by Subsection (a)(1)(B) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) The commissioner may file in a district court of Travis |
|
County a petition with respect to an insurer domiciled in this |
|
state, an unauthorized insurer, or, pursuant to Section 443.401 |
|
[21A.401], a foreign insurer: |
|
(1) alleging that grounds exist that would justify a |
|
court order for a formal delinquency proceeding against the insurer |
|
under this chapter; |
|
(2) alleging that the interests of policyholders, |
|
creditors, or the public will be endangered by delay; and |
|
(3) setting forth the contents of a seizure order |
|
deemed to be necessary by the commissioner. |
|
(b) Upon a filing under Subsection (a), the receivership |
|
court may issue, ex parte and without notice or hearing, the |
|
requested seizure order directing the commissioner to take |
|
possession and control of all or a part of the property, books, |
|
accounts, documents, and other records of an insurer, and of the |
|
premises occupied by it for transaction of its business, and until |
|
further order of the receivership court, enjoining the insurer and |
|
its officers, managers, agents, and employees from disposition of |
|
its property and from the transaction of its business except with |
|
the written consent of the commissioner. Any person having |
|
possession or control of and refusing to deliver any of the books, |
|
records, or assets of a person against whom a seizure order has been |
|
issued commits an offense. An offense under this subsection is |
|
punishable in the manner described by Section 443.010(e) |
|
[21A.010(e)]. |
|
(i) In all proceedings and judicial reviews under this |
|
section, all records of the insurer, department files, court |
|
records and papers, and other documents, so far as they pertain to |
|
or are a part of the record of the proceedings, are confidential, |
|
and all papers filed with the clerk of the court shall be held by the |
|
clerk in a confidential file as permitted by law, except to the |
|
extent necessary to obtain compliance with any order entered in |
|
connection with the proceedings, unless and until: |
|
(1) the court, after hearing argument in chambers, |
|
orders otherwise; |
|
(2) the insurer requests that the matter be made |
|
public; or |
|
(3) the commissioner applies for an order under |
|
Section 443.057 [21A.057]. |
|
(i) Section 21A.052(b), Insurance Code, redesignated as |
|
Section 443.052(b), Insurance Code, by Subsection (a)(1)(B) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) The petition must state the grounds upon which the |
|
proceeding is based and the relief requested and may include a |
|
prayer for restraining orders and injunctive relief as described in |
|
Section 443.008 [21A.008]. On the filing of the petition or order, |
|
a copy shall be forwarded by first class mail or electronic |
|
communication as permitted by the receivership court to the |
|
insurance regulatory officials and guaranty associations in states |
|
in which the insurer did business. |
|
(j) Section 21A.056(a), Insurance Code, redesignated as |
|
Section 443.056(a), Insurance Code, by Subsection (a)(1)(B) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(a) The commissioner, rehabilitator, or liquidator may |
|
share documents, materials, or other information in the possession, |
|
custody, or control of the department without regard to the |
|
confidentiality of those documents, materials, or information, |
|
pertaining to an insurer that is the subject of a proceeding under |
|
this chapter with other state, federal, and international |
|
regulatory agencies, with the National Association of Insurance |
|
Commissioners and its affiliates and subsidiaries, with state, |
|
federal, and international law enforcement authorities, with an |
|
auditor appointed by the receivership court in accordance with |
|
Section 443.355 [21A.355], and, pursuant to Section 443.105 |
|
[21A.105], with representatives of guaranty associations that may |
|
have statutory obligations as a result of the insolvency of the |
|
insurer, provided that the recipient agrees to maintain the |
|
confidentiality, if any, of the documents, material, or other |
|
information. Nothing in this section limits the power of the |
|
commissioner to disclose information under other applicable law. |
|
(k) Section 21A.057, Insurance Code, redesignated as |
|
Section 443.057, Insurance Code, by Subsection (a)(1)(B) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section and to the recodification and |
|
repeal of Articles 1.15, 1.15A, 1.16, 1.32, and 21.28-A, Insurance |
|
Code, by Chapter 727, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 443.057 [21A.057]. GROUNDS FOR CONSERVATION, |
|
REHABILITATION, OR LIQUIDATION. The commissioner may file with a |
|
court in this state a petition with respect to an insurer domiciled |
|
in this state or an unauthorized insurer for an order of |
|
rehabilitation or liquidation on any one or more of the following |
|
grounds: |
|
(1) the insurer is impaired; |
|
(2) the insurer is insolvent; |
|
(3) the insurer is about to become insolvent, with |
|
"about to become insolvent" being defined as reasonably anticipated |
|
that the insurer will not have liquid assets to meet its next 90 |
|
days' current obligations; |
|
(4) the insurer has neglected or refused to comply |
|
with an order of the commissioner to make good within the time |
|
prescribed by law any deficiency, whenever its capital and minimum |
|
required surplus, if a stock company, or its surplus, if a company |
|
other than stock, has become impaired; |
|
(5) the insurer, its parent company, its subsidiaries, |
|
or its affiliates have converted, wasted, or concealed property of |
|
the insurer or have otherwise improperly disposed of, dissipated, |
|
used, released, transferred, sold, assigned, hypothecated, or |
|
removed the property of the insurer; |
|
(6) the insurer is in a condition such that it could |
|
not meet the requirements for organization and authorization as |
|
required by law, except as to the amount of the original surplus |
|
required of a stock company under Title 6, and except as to the |
|
amount of the surplus required of a company other than a stock |
|
company in excess of the minimum surplus required to be maintained; |
|
(7) the insurer, its parent company, its subsidiaries, |
|
or its affiliates have concealed, removed, altered, destroyed, or |
|
failed to establish and maintain books, records, documents, |
|
accounts, vouchers, and other pertinent material adequate for the |
|
determination of the financial condition of the insurer by |
|
examination under Chapter 401 [Article 1.15, 1.15A, or 1.16] or has |
|
failed to properly administer claims or maintain claims records |
|
that are adequate for the determination of its outstanding claims |
|
liability; |
|
(8) at any time after the issuance of an order under |
|
Section 404.003 or Chapter 441 [Article 1.32 or 21.28-A], or at the |
|
time of instituting any proceeding under this chapter, it appears |
|
to the commissioner that, upon good cause shown, it would not be in |
|
the best interest of the policyholders, creditors, or the public to |
|
proceed with the conduct of the business of the insurer; |
|
(9) the insurer is in a condition such that the further |
|
transaction of business would be hazardous financially, according |
|
to Subchapter A, Chapter 404, [Article 1.32] or otherwise, to its |
|
policyholders, creditors, or the public; |
|
(10) there is reasonable cause to believe that there |
|
has been embezzlement from the insurer, wrongful sequestration or |
|
diversion of the insurer's property, forgery or fraud affecting the |
|
insurer, or other illegal conduct in, by, or with respect to the |
|
insurer that, if established, would endanger assets in an amount |
|
threatening the solvency of the insurer; |
|
(11) control of the insurer is in a person who is: |
|
(A) dishonest or untrustworthy; or |
|
(B) so lacking in insurance company managerial |
|
experience or capability as to be hazardous to policyholders, |
|
creditors, or the public; |
|
(12) any person who in fact has executive authority in |
|
the insurer, whether an officer, manager, general agent, director, |
|
trustee, employee, shareholder, or other person, has refused to be |
|
examined under oath by the commissioner concerning the insurer's |
|
affairs, whether in this state or elsewhere or if examined under |
|
oath, refuses to divulge pertinent information reasonably known to |
|
the person; and after reasonable notice of the fact, the insurer has |
|
failed promptly and effectively to terminate the employment and |
|
status of the person and all the person's influence on management; |
|
(13) after demand by the commissioner under Chapter |
|
401 [Article 1.15, 1.15A, or 1.16] or under this chapter, the |
|
insurer has failed promptly to make available for examination any |
|
of its own property, books, accounts, documents, or other records, |
|
or those of any subsidiary or related company within the control of |
|
the insurer or of any person having executive authority in the |
|
insurer, so far as they pertain to the insurer; |
|
(14) without first obtaining the written consent of |
|
the commissioner, the insurer has transferred, or attempted to |
|
transfer, in a manner contrary to Chapter 823 or any law relating to |
|
bulk reinsurance, substantially its entire property or business, or |
|
has entered into any transaction the effect of which is to merge, |
|
consolidate, or reinsure substantially its entire property or |
|
business in or with the property or business of any other person; |
|
(15) the insurer or its property has been or is the |
|
subject of an application for the appointment of a receiver, |
|
trustee, custodian, conservator, sequestrator, or similar |
|
fiduciary of the insurer or its property otherwise than as |
|
authorized under the insurance laws of this state; |
|
(16) within the previous five years, the insurer has |
|
wilfully and continuously violated its charter, articles of |
|
incorporation or bylaws, any insurance law of this state, or any |
|
valid order of the commissioner; |
|
(17) the insurer has failed to pay within 60 days after |
|
the due date any obligation to any state or political subdivision of |
|
a state or any judgment entered in any state, if the court in which |
|
the judgment was entered had jurisdiction over the subject matter, |
|
except that nonpayment is not a ground until 60 days after any good |
|
faith effort by the insurer to contest the obligation has been |
|
terminated, whether it is before the commissioner or in the courts; |
|
(18) the insurer has systematically engaged in the |
|
practice of reaching settlements with and obtaining releases from |
|
claimants, and then unreasonably delayed payment, failed to pay the |
|
agreed-upon settlements, or systematically attempted to compromise |
|
with claimants or other creditors on the ground that it is |
|
financially unable to pay its claims or obligations in full; |
|
(19) the insurer has failed to file its annual report |
|
or other financial report required by statute within the time |
|
allowed by law; |
|
(20) the board of directors or the holders of a |
|
majority of the shares entitled to vote, or a majority of those |
|
individuals entitled to the control of those entities specified by |
|
Section 443.003 [21A.003], request or consent to rehabilitation or |
|
liquidation under this chapter; |
|
(21) the insurer does not comply with its domiciliary |
|
state's requirements for issuance to it of a certificate of |
|
authority, or its certificate of authority has been revoked by its |
|
state of domicile; or |
|
(22) when authorized by department rules. |
|
(l) Section 21A.058, Insurance Code, redesignated as |
|
Section 443.058, Insurance Code, by Subsection (a)(1)(B) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.058 [21A.058]. ENTRY OF ORDER. If the |
|
commissioner establishes any of the grounds provided in Section |
|
443.057 [21A.057], the receivership court shall grant the petition |
|
and issue the order of rehabilitation or liquidation requested in |
|
the petition. |
|
(m) Section 21A.101(b), Insurance Code, redesignated as |
|
Section 443.101(b), Insurance Code, by Subsection (a)(1)(C) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) Any order issued under this section must require |
|
accountings to the receivership court by the rehabilitator. |
|
Accountings must be at the intervals specified by the receivership |
|
court in its order, but not less frequently than semi-annually. |
|
Each accounting must include a report concerning the |
|
rehabilitator's opinion as to the likelihood that a plan under |
|
Section 443.103 [21A.103] will be prepared by the rehabilitator and |
|
the timetable for doing so. |
|
(n) Section 21A.102(a), Insurance Code, redesignated as |
|
Section 443.102(a), Insurance Code, by Subsection (a)(1)(C) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(a) The rehabilitator may appoint one or more special |
|
deputies. A special deputy serves at the pleasure of the |
|
rehabilitator and has all the powers and responsibilities of the |
|
rehabilitator granted under this section, unless specifically |
|
limited by the rehabilitator. The rehabilitator may employ or |
|
contract with legal counsel, actuaries, accountants, appraisers, |
|
consultants, clerks, assistants, and other personnel as may be |
|
deemed necessary. Any special deputy or any other person with whom |
|
the rehabilitator contracts under this subsection may act on behalf |
|
of the commissioner only in the commissioner's capacity as |
|
rehabilitator. Any person with whom the rehabilitator contracts |
|
under this subsection is not considered an agent of the state, and |
|
any contract entered into under this subsection does not constitute |
|
a contract with the state. The provisions of any law governing the |
|
procurement of goods and services by the state does not apply to any |
|
contract entered into by the commissioner as rehabilitator. The |
|
compensation of any special deputies, employees, and contractors |
|
and all expenses of taking possession of the insurer and of |
|
conducting the rehabilitation shall be fixed by the rehabilitator, |
|
with the approval of the receivership court in accordance with |
|
Section 443.015 [21A.015], and shall be paid out of the property of |
|
the insurer. The persons appointed under this subsection serve at |
|
the pleasure of the rehabilitator. If the rehabilitator deems it |
|
necessary to the proper performance of the rehabilitator's duties |
|
under this chapter, the rehabilitator may appoint an advisory |
|
committee of policyholders, claimants, or other creditors, |
|
including guaranty associations. The advisory committee serves at |
|
the pleasure of the rehabilitator and without compensation or |
|
reimbursement for expenses. The rehabilitator or the receivership |
|
court in rehabilitation proceedings conducted under this chapter |
|
may not appoint another committee of any nature. |
|
(o) Section 21A.104, Insurance Code, redesignated as |
|
Section 443.104, Insurance Code, by Subsection (a)(1)(C) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.104 [21A.104]. TERMINATION OF REHABILITATION. (a) |
|
When the rehabilitator believes further attempts to rehabilitate an |
|
insurer would substantially increase the risk of loss to creditors, |
|
policyholders, or the public or would be futile, the rehabilitator |
|
may move for an order of liquidation. In accordance with Section |
|
443.105 [21A.105], the rehabilitator or the rehabilitator's |
|
designated representative shall coordinate with the guaranty |
|
associations that may become liable as a result of the liquidation |
|
and any national association of guaranty associations to plan for |
|
transition to liquidation. |
|
(b) Because the protection of the interests of insureds, |
|
claimants, and the public requires the timely performance of all |
|
insurance policy obligations, if the payment of policy obligations |
|
is suspended in substantial part for a period of six months at any |
|
time after the appointment of the rehabilitator and the |
|
rehabilitator has not filed an application for approval of a plan |
|
under Section 443.103 [21A.103], the rehabilitator shall petition |
|
the receivership court for an order of liquidation. |
|
(c) The rehabilitator or the directors of the insurer may at |
|
any time petition the receivership court for, or the receivership |
|
court on its own motion may enter, an order terminating |
|
rehabilitation of an insurer. Subject to the provisions of Section |
|
443.351 [21A.351], if the receivership court finds that |
|
rehabilitation has been accomplished and that grounds for |
|
rehabilitation under Section 443.057 [21A.057] no longer exist, it |
|
shall order that the insurer be restored to title and possession of |
|
its property and the control of the business. |
|
(p) Sections 21A.151(b) and (e), Insurance Code, |
|
redesignated as Sections 443.151(b) and (e), Insurance Code, |
|
respectively, by Subsection (a)(1)(D) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(b) Upon issuance of the order of liquidation, the rights |
|
and liabilities of the insurer and of its creditors, policyholders, |
|
shareholders, members, and all other persons interested in its |
|
estate become fixed as of the date of entry of the order of |
|
liquidation, except as provided by Sections 443.152 and 443.255 |
|
[21A.152 and 21A.255], unless otherwise fixed by the court. |
|
(e) In the event an order of liquidation is set aside on |
|
appeal, the company may not be released from delinquency |
|
proceedings except in accordance with Section 443.351 [21A.351]. |
|
(q) Sections 21A.152(b), (c), and (d), Insurance Code, |
|
redesignated as Sections 443.152(b), (c), and (d), Insurance Code, |
|
respectively, by Subsection (a)(1)(D) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(b) Notwithstanding any policy or contract language or any |
|
other statute, all policies, insurance contracts other than |
|
reinsurance by which the insurer has ceded insurance obligations to |
|
another person, and surety bonds or surety undertakings, other than |
|
life or health insurance or annuities, in effect at the time of |
|
issuance of an order of liquidation, unless further extended by the |
|
receiver with the approval of the receivership court, continue in |
|
force only until the earlier of: |
|
(1) the 30th day after the date of entry of the |
|
liquidation order; |
|
(2) the date of expiration of the policy coverage; |
|
(3) the date the insured has replaced the insurance |
|
coverage with equivalent insurance with another insurer or |
|
otherwise terminated the policy; |
|
(4) the date the liquidator has effected a transfer of |
|
the policy obligation pursuant to Section 443.154(h) [21A.154(h)]; |
|
or |
|
(5) the date proposed by the liquidator and approved |
|
by the receivership court to cancel coverage. |
|
(c) An order of liquidation under Section 443.151 [21A.151] |
|
must terminate coverages at the time specified by Subsections (a) |
|
and (b) for purposes of any other statute. |
|
(d) Policies of life or health insurance or annuities |
|
covered by a guaranty association and any portion of policies of |
|
life or health insurance or annuities covered by a guaranty |
|
association continue in force for the period and under the terms |
|
provided for by any applicable guaranty association law. Policies |
|
of life or health insurance or annuities not covered by a guaranty |
|
association and any portion of policies of life or health insurance |
|
or annuities not covered by a guaranty association terminate under |
|
Subsection (b), except to the extent the liquidator proposes and |
|
the receivership court approves the use of property of the estate, |
|
consistent with Section 443.301 [21A.301], for the purpose of |
|
continuing the contracts or coverage by transferring them to an |
|
assuming reinsurer. |
|
(r) Sections 21A.154(a), (b), (h), (k), (l), (y), and (z), |
|
Insurance Code, redesignated as Sections 443.154(a), (b), (h), (k), |
|
(l), (y), and (z), Insurance Code, respectively, by Subsection |
|
(a)(1)(D) of this section, are amended to conform to the additional |
|
changes made by Subsection (a)(1) of this section to read as |
|
follows: |
|
(a) The liquidator may appoint a special deputy or deputies |
|
to act for the liquidator under this chapter and employ or contract |
|
with legal counsel, actuaries, accountants, appraisers, |
|
consultants, clerks, assistants, and other personnel the |
|
liquidator may deem necessary to assist in the liquidation. A |
|
special deputy has all powers of the liquidator granted by this |
|
section, unless specifically limited by the liquidator, and serves |
|
at the pleasure of the liquidator. A special deputy or any other |
|
person with whom the liquidator contracts under this subsection may |
|
act on behalf of the commissioner only in the commissioner's |
|
capacity as liquidator. Any person with whom the liquidator |
|
contracts is not considered to be an agent of the state and any |
|
contract under this subsection is not a contract with the state. |
|
The provisions of any law governing the procurement of goods and |
|
services by the state do not apply to any contract entered into by |
|
the commissioner as liquidator. This subsection does not waive any |
|
immunity granted by Section 443.014 [21A.014] or create any cause |
|
of action against the state. |
|
(b) The liquidator may determine the reasonable |
|
compensation for any special deputies, employees, or contractors |
|
retained by the liquidator as provided in Subsection (a) and pay |
|
compensation in accordance with Section 443.015 [21A.015]. |
|
(h) The liquidator may use property of the estate of an |
|
insurer under a liquidation order to transfer to a solvent assuming |
|
insurer policy obligations or the insurer's obligations under |
|
surety bonds and surety undertakings as well as collateral held by |
|
the insurer with respect to the reimbursement obligations of the |
|
principals under those surety bonds and surety undertakings, if the |
|
transfer can be arranged without prejudice to applicable priorities |
|
under Section 443.301 [21A.301]. If all insureds, principals, |
|
third-party claimants, and obligees under the policies, surety |
|
bonds, and surety undertakings consent or if the receivership court |
|
so orders, the estate has no further liability under the |
|
transferred policies, surety bonds, or surety undertakings after |
|
the transfer is made. |
|
(k) The liquidator may enter into contracts as necessary to |
|
carry out the order to liquidate and, subject to the provisions of |
|
Section 443.013 [21A.013], may assume or reject any executory |
|
contract or unexpired lease to which the insurer is a party. |
|
(l) The liquidator may continue to prosecute and institute |
|
in the name of the insurer or in the liquidator's own name any and |
|
all suits and other legal proceedings, in this state or elsewhere, |
|
and abandon the prosecution of claims the liquidator deems |
|
unprofitable to pursue further. If the insurer is dissolved under |
|
Section 443.153 [21A.153], the liquidator has the power to apply to |
|
any court in this state or elsewhere for leave to substitute the |
|
liquidator for the insurer as a party. |
|
(y) The liquidator may hypothecate, encumber, lease, sell, |
|
transfer, abandon, or otherwise dispose of or deal with any |
|
property of the insurer, settle or resolve any claim brought by the |
|
liquidator on behalf of the insurer, or commute or settle any claim |
|
of reinsurance under any contract of reinsurance, as follows: |
|
(1) if the property or claim has a market or settlement |
|
value that does not exceed the lesser of $1 million or 10 percent of |
|
the general assets of the estate as shown on the receivership's |
|
financial statements, the liquidator may take action at the |
|
liquidator's discretion, provided that the receivership court may, |
|
upon petition of the liquidator, increase the threshold upon a |
|
showing that compliance with this requirement is burdensome to the |
|
liquidator in administering the estate and is unnecessary to |
|
protect the material interests of creditors; |
|
(2) in all instances other than those described in |
|
Subdivision (1), the liquidator may take the action only after |
|
obtaining approval of the receivership court as provided by Section |
|
443.007 [21A.007]; |
|
(3) the liquidator may, at the liquidator's |
|
discretion, request the receivership court to approve a proposed |
|
action as provided by Section 443.007 [21A.007] if the value of the |
|
property or claim appears to be less than the threshold provided by |
|
Subdivision (1) but cannot be ascertained with certainty, or for |
|
any other reason as determined by the liquidator; and |
|
(4) after obtaining approval of the receivership court |
|
as provided in Section 443.007 [21A.007], the liquidator may, |
|
subject to Subsection (z), transfer rights to payment under ceding |
|
reinsurance agreements covering policies to a third-party |
|
transferee. |
|
(z) The transferee of a right to payment under Subsection |
|
(y)(4) has the rights to collect and enforce collection of the |
|
reinsurance for the amount payable to the ceding insurer or to its |
|
receiver, without diminution because of the insolvency or because |
|
the receiver has failed to pay all or a portion of the claim, based |
|
on the amounts paid or allowed pursuant to Section 443.211 |
|
[21A.211]. The transfer of the rights does not give rise to any |
|
defense regarding the reinsurer's obligations under the |
|
reinsurance agreement regardless of whether an agreement or other |
|
applicable law prohibits the transfer of rights under the |
|
reinsurance agreement. Except as provided in this subsection, any |
|
transfer of rights pursuant to Subsection (y)(4) does not impair |
|
any rights or defenses of the reinsurer that existed prior to the |
|
transfer or that would have existed in the absence of the transfer. |
|
Except as otherwise provided in this subsection, any transfer of |
|
rights pursuant to Subsection (y)(4) does not relieve the |
|
transferee or the liquidator from obligations owed to the reinsurer |
|
pursuant to the reinsurance or other agreement. |
|
(s) Section 21A.155(b), Insurance Code, redesignated as |
|
Section 443.155(b), Insurance Code, by Subsection (a)(1)(D) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) The notice of the entry of an order of liquidation must |
|
contain or provide directions for obtaining the following |
|
information: |
|
(1) a statement that the insurer has been placed in |
|
liquidation; |
|
(2) a statement that certain acts are stayed under |
|
Section 443.008 [21A.008] and describe any additional injunctive |
|
relief ordered by the receivership court; |
|
(3) a statement whether, and to what extent, the |
|
insurer's policies continue in effect; |
|
(4) to the extent applicable, a statement that |
|
coverage by state guaranty associations may be available for all or |
|
part of policy benefits in accordance with applicable state |
|
guaranty laws; |
|
(5) a statement of the deadline for filing claims, if |
|
established, and the requirements for filing a proof of claim |
|
pursuant to Section 443.251 [21A.251] on or before that date; |
|
(6) a statement of the date, time, and location of any |
|
initial status hearing scheduled at the time the notice is sent; |
|
(7) a description of the process for obtaining notice |
|
of matters before the receivership court; and |
|
(8) any other information the liquidator or the |
|
receivership court deems appropriate. |
|
(t) Section 21A.156(a), Insurance Code, redesignated as |
|
Section 443.156(a), Insurance Code, by Subsection (a)(1)(D) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(a) Every person who represented the insurer as an agent and |
|
receives notice in the form prescribed in Section 443.155 [21A.155] |
|
that the insurer is the subject of a liquidation order, not later |
|
than the 30th day after the date of the notice, shall provide to the |
|
liquidator, in addition to the information the agent may be |
|
required to provide pursuant to Section 443.010 [21A.010], the |
|
information in the agent's records related to any policy issued by |
|
the insurer through the agent and any policy issued by the insurer |
|
through an agent under contract to the agent, including the name and |
|
address of any subagent. For purposes of this subsection, a policy |
|
is issued through an agent if the agent has a property interest in |
|
the expiration of the policy or if the agent has had in the agent's |
|
possession a copy of the declarations of the policy at any time |
|
during the life of the policy, except where the ownership of the |
|
expiration of the policy has been transferred to another. |
|
(u) Sections 21A.207(a), (d), and (f), Insurance Code, |
|
redesignated as Sections 443.207(a), (d), and (f), Insurance Code, |
|
respectively, by Subsection (a)(1)(E) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) Except as otherwise provided in this section, to the |
|
extent that the receiver obtains an order under Section 443.201 |
|
[21A.201] or avoids a transfer under Section 443.202, 443.203, |
|
443.204, 443.205, or 443.206 [Sections 21A.202, 21A.203, 21A.204,
|
|
21A.205, or 21A.206], the receiver may recover the property |
|
transferred, or the value of the property, from: |
|
(1) the initial transferee of the transfer or the |
|
entity for whose benefit the transfer was made; or |
|
(2) any immediate or mediate transferee of the initial |
|
transferee. |
|
(d) In addition to the remedies specifically provided under |
|
Sections 443.201-443.206 [21A.201-21A.206] and Subsection (a), if |
|
the receiver is successful in establishing a claim to the property |
|
or any part of the property, the receiver is entitled to recover |
|
judgment for: |
|
(1) rental for the use of the tangible property from |
|
the later of the entry of the receivership order or the date of the |
|
transfer; |
|
(2) in the case of funds or intangible property, the |
|
greater of: |
|
(A) the actual interest or income earned by the |
|
property; or |
|
(B) interest at the statutory rate for judgments |
|
from the later of the date of the entry of the receivership order or |
|
the date of the transfer; and |
|
(3) except as to recoveries from guaranty |
|
associations, all costs, including investigative costs and other |
|
expenses necessary to the recovery of the property or funds, and |
|
reasonable attorney's fees. |
|
(f) In any action under Sections 443.201-443.206 |
|
[21A.201-21A.206], the receiver has the burden of proving the |
|
avoidability of a transfer, and the person against whom recovery or |
|
avoidance is sought has the burden of proving the nature and extent |
|
of any affirmative defense. |
|
(v) Section 21A.208(b), Insurance Code, redesignated as |
|
Section 443.208(b), Insurance Code, by Subsection (a)(1)(E) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) A claim allowable under Subsection (a) by reason of the |
|
avoidance, whether voluntary or involuntary, or a preference, lien, |
|
conveyance, transfer, assignment, or encumbrance, may be filed as |
|
an excused late filing under Section 443.251(b) [21A.251(b)] if |
|
filed not later than the 30th day after the date of the avoidance, |
|
or within the further time allowed by the receivership court under |
|
Subsection (a). |
|
(w) Section 21A.210(j), Insurance Code, redesignated as |
|
Section 443.210(j), Insurance Code, by Subsection (a)(1)(E) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(j) Any claim filed by an assessee who fails to pay an |
|
assessment, after the conclusion of any legal action by the |
|
assessee objecting to the assessment, is deemed a late filed claim |
|
under Section 443.251 [21A.251]. |
|
(x) Sections 21A.211(b) and (f), Insurance Code, |
|
redesignated as Sections 443.211(b) and (f), Insurance Code, |
|
respectively, by Subsection (a)(1)(E) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section and to the recodification and repeal of Articles |
|
21.28-C and 21.28-D, Insurance Code, by Chapter 727, Acts of the |
|
79th Legislature, Regular Session, 2005, to read as follows: |
|
(b) Except as provided by Subsection (a), any reinsurance |
|
shall be payable to the receiver under a policy reinsured by the |
|
assuming insurer on the basis of claims: |
|
(1) allowed under Section 443.253 [21A.253]; and |
|
(2) paid under: |
|
(A) Chapter 462, 463, or [Article 21.28-C or
|
|
21.28-D;
|
|
[(B) Chapter] 2602; or |
|
(B) [(C)] the guaranty associations of other |
|
states. |
|
(f) Nothing in this chapter shall be construed as |
|
authorizing the receiver, or other entity, to compel payment from a |
|
non-life reinsurer on the basis of estimated incurred but not |
|
reported losses or outstanding reserves, except outstanding |
|
reserves with respect to claims made pursuant to Section 443.255 |
|
[21A.255] and approved workers compensation claims filed under |
|
Section 443.252(d) [21A.252(d)]. |
|
(y) Sections 21A.212(a), (b), and (c), Insurance Code, |
|
redesignated as Sections 443.212(a), (b), and (c), Insurance Code, |
|
respectively, by Subsection (a)(1)(E) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) An insured shall pay, either directly to the receiver or |
|
to any agent that has paid or is obligated to pay the receiver on |
|
behalf of the insured, any unpaid earned premium or retrospectively |
|
rated premium due the insurer based on the termination of coverage |
|
under Section 443.152 [21A.152]. Premium on surety business is |
|
deemed earned at inception if a policy term cannot be determined. |
|
All other premium is deemed earned and is prorated equally over the |
|
determined policy term, regardless of any provision in the bond, |
|
guaranty, contract or other agreement. |
|
(b) Any person, other than the insured, shall turn over to |
|
the receiver any unpaid premium due and owing as shown on the |
|
records of the insurer, including any amount representing |
|
commissions, for the full policy term due the insurer at the time of |
|
the entry of the receivership order, whether earned or unearned, |
|
based on the termination of coverage under Section 443.152 |
|
[21A.152]. The unpaid premium due the receiver from any person |
|
other than the insured excludes any premium not collected from the |
|
insured and not earned based on the termination of coverage under |
|
Section 443.152 [21A.152]. |
|
(c) Any person, other than the insured, responsible for the |
|
remittance of a premium, shall turn over to the receiver any |
|
unearned commission of the person based on the termination of |
|
coverage under Section 443.152 [21A.152]. Credits, setoffs, or |
|
both may not be allowed to an agent, broker, premium finance |
|
company, or any other person for any amounts advanced to the insurer |
|
by the person on behalf of, but in the absence of a payment by, the |
|
insured, or for any other amount paid by the person to any other |
|
person after the entry of the order of receivership. |
|
(z) Sections 21A.213(h) and (i), Insurance Code, |
|
redesignated as Sections 443.213(h) and (i), Insurance Code, |
|
respectively, by Subsection (a)(1)(E) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(h) To the extent a guaranty association is required by |
|
applicable law to pay any claims for which the insurer would have |
|
been entitled to reimbursement from the policyholder, the following |
|
provisions apply: |
|
(1) The receiver shall promptly invoice the |
|
policyholder for the reimbursement due under the agreement, and the |
|
policyholder is obligated to pay the amount invoiced to the |
|
receiver for the benefit of the guaranty associations that paid the |
|
claims. Neither the insolvency of the insurer nor the insurer's |
|
inability to perform any obligations under the deductible agreement |
|
is a defense to the policyholder's reimbursement obligation under |
|
the deductible agreement. At the time the policyholder |
|
reimbursements are collected, the receiver shall promptly forward |
|
those amounts to the guaranty association, based on the claims paid |
|
by the guaranty association that were subject to the deductible. |
|
(2) If the collateral is insufficient to reimburse the |
|
guaranty association for claims paid within the deductible, the |
|
receiver shall use any existing collateral to make a partial |
|
reimbursement to the guaranty association, subject to any |
|
allocation under Subsection (d), (e), or (f). If more than one |
|
guaranty association has a claim against the same collateral, the |
|
receiver shall prorate payments to each guaranty association based |
|
on the amount of the claims each guaranty association has paid. |
|
(3) The receiver is entitled to deduct from |
|
reimbursements owed to a guaranty association or collateral to be |
|
returned to a policyholder reasonable actual expenses incurred in |
|
fulfilling the receiver's responsibilities under this section. |
|
Expenses incurred to collect reimbursements for the benefit of a |
|
guaranty association are subject to the approval of the guaranty |
|
association. Any remaining expenses that are not deducted from the |
|
reimbursements are payable subject to Section 443.015 [21A.015]. |
|
(4) The receiver shall provide any affected guaranty |
|
associations with a complete accounting of the receiver's |
|
deductible billing and collection activities on a quarterly basis, |
|
or at other intervals as may be agreed to between the receiver and |
|
the guaranty associations. Accountings under this subdivision must |
|
include copies of the policyholder billings, the reimbursements |
|
collected, the available amounts and use of collateral for each |
|
account, and any prorating of payments. |
|
(5) If the receiver fails to make a good faith effort |
|
to collect reimbursements due from a policyholder under a |
|
deductible agreement within 120 days of receipt of claims payment |
|
reports from a guaranty association, the guaranty association may, |
|
after notice to the receiver, collect the reimbursements that are |
|
due, and, in so doing, the guaranty association shall have the same |
|
rights and remedies as the receiver. A guaranty association shall |
|
report any amounts collected under this subdivision and expenses |
|
incurred in collecting those amounts to the receiver. |
|
(6) The receiver shall periodically adjust the |
|
collateral held as the claims subject to the deductible agreement |
|
are paid, provided that adequate collateral is maintained. The |
|
receiver is not required to adjust the collateral more than once a |
|
year. The receiver shall inform the guaranty associations of all |
|
collateral reviews, including the basis for the adjustment. |
|
(7) Reimbursements received or collected by a guaranty |
|
association under this section may not be considered a distribution |
|
of the insurer's assets. A guaranty association shall provide the |
|
receiver with an accounting of any amounts it has received or |
|
collected under this section and any expenses incurred in |
|
connection with that receipt or collection. The amounts received, |
|
net of any expenses incurred in connection with collection of the |
|
amounts, must be set off against the guaranty association's claim |
|
filed under Section 443.251 [21A.251] for the payments that were |
|
reimbursed. |
|
(8) To the extent that a guaranty association pays a |
|
claim within the deductible amount that is not reimbursed by either |
|
the receiver or by policyholder payments, the guaranty association |
|
has a claim for those amounts in the delinquency proceeding in |
|
accordance with Section 443.251 [21A.251]. |
|
(9) Nothing in this section limits any rights of a |
|
guaranty association under applicable law to obtain reimbursement |
|
for claims payments made by the guaranty association under policies |
|
of the insurer or for the association's related expenses. |
|
(i) If a claim that is subject to a deductible agreement and |
|
secured by collateral is not covered by any guaranty association, |
|
the following provisions apply: |
|
(1) The receiver is entitled to retain as an asset of |
|
the estate any collateral or deductible reimbursements obtained by |
|
the receiver. |
|
(2) If a policyholder fails to assume an obligation |
|
under a deductible agreement to pay a claim, the receiver shall use |
|
the collateral to adjust and pay the claim to the extent that the |
|
available collateral, after any allocation under Subsection (d), |
|
(e), or (f), is sufficient to pay all outstanding and anticipated |
|
claims within the deductible. If the collateral is exhausted and |
|
all reasonable means of collection against the insured have been |
|
exhausted, the remaining claims shall be subject to the provisions |
|
of Sections 443.251 and 443.301 [21A.251 and 21A.301]. |
|
(3) The receiver is entitled to deduct from collateral |
|
reasonable actual expenses incurred in fulfilling the receiver's |
|
responsibilities under this section. Any remaining expenses that |
|
are not deducted from the reimbursements are payable subject to |
|
Section 443.015 [21A.015]. |
|
(aa) Sections 21A.251(a) and (b), Insurance Code, |
|
redesignated as Sections 443.251(a) and (b), Insurance Code, |
|
respectively, by Subsection (a)(1)(F) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) Except as provided by this subsection, proof of all |
|
claims must be filed with the liquidator in the form required by |
|
Section 443.252 [21A.252] on or before the last day for filing |
|
specified in the notice required under Section 443.155 [21A.155], |
|
which date may not be later than 18 months after entry of the order |
|
of liquidation, unless the receivership court, for good cause |
|
shown, extends the time, except that proofs of claims for cash |
|
surrender values or other investment values in life insurance and |
|
annuities and for any other policies insuring the lives of persons |
|
need not be filed unless the liquidator expressly so requires. The |
|
receivership court, only upon application of the liquidator, may |
|
allow alternative procedures and requirements for the filing of |
|
proofs of claim or for allowing or proving claims. Upon |
|
application, if the receivership court dispenses with the |
|
requirements of filing a proof of claim by a person or a class or |
|
group of persons, a proof of claim for the person, class, or group |
|
is deemed to have been filed for all purposes, except that the |
|
receivership court's waiver of proof of claim requirements does not |
|
impact guaranty association proof of claim filing requirements or |
|
coverage determinations to the extent the guaranty fund statute or |
|
filing requirements are inconsistent with the receivership court's |
|
waiver of proof. |
|
(b) The liquidator shall permit a claimant that makes a late |
|
filing to share ratably in distributions, whether past or future, |
|
as if the claim were not filed late, to the extent that the payment |
|
will not prejudice the orderly administration of the liquidation, |
|
under the following circumstances: |
|
(1) the eligibility to file a proof of claim was not |
|
known to the claimant, and the claimant filed a proof of claim not |
|
later than the 90th day after the date of first learning of the |
|
eligibility; |
|
(2) a transfer to a creditor was avoided under Section |
|
443.202, 443.203, 443.204, or 443.206 [21A.202, 21A.203, 21A.204,
|
|
or 21A.206], or was voluntarily surrendered under Section 443.208 |
|
[21A.208], and the filing satisfies the conditions of Section |
|
443.208 [21A.208]; or |
|
(3) the valuation under Section 443.260 [21A.260], of |
|
security held by a secured creditor shows a deficiency, and the |
|
claim for the deficiency is filed not later than the 30th day after |
|
the valuation. |
|
(bb) Sections 21A.253(b), (d), (i), and (k), Insurance |
|
Code, redesignated as Sections 443.253(b), (d), (i), and (k), |
|
Insurance Code, respectively, by Subsection (a)(1)(F) of this |
|
section, are amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) Pursuant to the review, the liquidator shall provide |
|
written notice of the claim determination by any means authorized |
|
by Section 443.007 [21A.007] to the claimant or the claimant's |
|
attorney and may provide notice to any reinsurer that is or may be |
|
liable in respect of the claim. The notice must set forth the |
|
amount of the claim allowed by the liquidator, if any, and the |
|
priority class of the claim as established in Section 443.301 |
|
[21A.301]. |
|
(d) A claim that has not become mature as of the coverage |
|
termination date established under Section 443.201 [21A.201] |
|
because payment on the claim is not yet due may be allowed as if it |
|
were mature. A claim that is allowed under this subsection may be |
|
discounted to present value based upon a reasonable estimated date |
|
of the payment, if the liquidator determines that the present value |
|
of the payment is materially less than the amount of the payment. |
|
(i) A claim that does not contain all the applicable |
|
information required by Section 443.252 [21A.252] need not be |
|
further reviewed or adjudicated, and may be denied or disallowed by |
|
the liquidator subject to the notice and objection procedures in |
|
this section. |
|
(k) The liquidator is not required to process claims for any |
|
class until it appears reasonably likely that property will be |
|
available for a distribution to that class. If there are |
|
insufficient assets to justify processing all claims for any class |
|
listed in Section 443.301 [21A.301], the liquidator shall report |
|
the facts to the receivership court and make such recommendations |
|
as may be appropriate for handling the remainder of the claims. |
|
(cc) Section 21A.254, Insurance Code, redesignated as |
|
Section 443.254, Insurance Code, by Subsection (a)(1)(F) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.254 [21A.254]. CLAIMS UNDER OCCURRENCE POLICIES, |
|
SURETY BONDS, AND SURETY UNDERTAKINGS. (a) Subject to the |
|
provisions of Section 443.253 [21A.253], any insured has the right |
|
to file a claim for the protection afforded under the insured's |
|
policy, regardless of whether a claim is known at the time of |
|
filing, if the policy is an occurrence policy. |
|
(b) Subject to the provisions of Section 443.253 [21A.253], |
|
an obligee under a surety bond or surety undertaking has the right |
|
to file a claim for the protection afforded under the surety bond or |
|
surety undertaking issued by the insurer under which the obligee is |
|
the beneficiary, regardless of whether a claim is known at the time |
|
of filing. |
|
(c) After a claim is filed under Subsection (a) or (b), at |
|
the time that a specific claim is made by or against the insured or |
|
by the obligee, the insured or the obligee shall supplement the |
|
claim, and the receiver shall treat the claim as a contingent or |
|
unliquidated claim under Section 443.255 [21A.255]. |
|
(dd) Sections 21A.255(a) and (c), Insurance Code, |
|
redesignated as Sections 443.255(a) and (c), Insurance Code, |
|
respectively, by Subsection (a)(1)(F) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) A claim of an insured or third party may be allowed under |
|
Section 443.253 [21A.253], regardless of the fact that the claim |
|
was contingent or unliquidated, if any contingency is removed in |
|
accordance with Subsection (b) and the value of the claim is |
|
determined. For purposes of this section, a claim is contingent if: |
|
(1) the accident, casualty, disaster, loss, event, or |
|
occurrence insured, reinsured, or bonded or reinsured against |
|
occurred on or before the date fixed under Section 443.151 |
|
[21A.151]; and |
|
(2) the act or event triggering the insurer's |
|
obligation to pay has not occurred as of the date fixed under |
|
Section 443.151 [21A.151]. |
|
(c) The liquidator may petition the receivership court to |
|
set a date before which all claims under this section are final. In |
|
addition to the notice requirements of Section 443.007 [21A.007], |
|
the liquidator shall give notice of the filing of the petition to |
|
all claimants with claims that remain contingent or unliquidated |
|
under this section. |
|
(ee) Section 21A.256(c), Insurance Code, redesignated as |
|
Section 443.256(c), Insurance Code, by Subsection (a)(1)(F) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(c) The liquidator may make recommendations to the |
|
receivership court for the allowance of an insured's claim after |
|
consideration of the probable outcome of any pending action against |
|
the insured on which the claim is based, the probable damages |
|
recoverable in the action, and the probable costs and expenses of |
|
defense. After allowance by the receivership court, the liquidator |
|
shall withhold any distribution payable on the claim, pending the |
|
outcome of litigation and negotiation between the insured and the |
|
third party. The liquidator may reconsider the claim as provided in |
|
Section 443.253(j) [21A.253(j)]. As claims against the insured are |
|
settled or barred, the insured or third party, as appropriate, |
|
shall be paid from the amount withheld the same percentage |
|
distribution as was paid on other claims of like priority, based on |
|
the lesser of the amount actually due from the insured by action or |
|
paid by agreement plus the reasonable costs and expense of defense, |
|
or the amount allowed on the claims by the receivership court. |
|
After all claims are settled or barred, any sum remaining from the |
|
amount withheld shall revert to the undistributed property of the |
|
insurer. |
|
(ff) Section 21A.257(a), Insurance Code, redesignated as |
|
Section 443.257(a), Insurance Code, by Subsection (a)(1)(F) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(a) When objections to the liquidator's proposed treatment |
|
of a claim are filed and the liquidator does not alter the |
|
determination of the claim as a result of the objections, the |
|
liquidator shall ask the receivership court for a hearing pursuant |
|
to Section 443.007 [21A.007]. |
|
(gg) Section 21A.258, Insurance Code, redesignated as |
|
Section 443.258, Insurance Code, by Subsection (a)(1)(F) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.258 [21A.258]. LIQUIDATOR'S RECOMMENDATIONS TO |
|
RECEIVERSHIP COURT. The liquidator shall present to the |
|
receivership court, for approval, reports of claims settled or |
|
determined by the liquidator under Section 443.253 [21A.253]. The |
|
reports must be presented from time to time as determined by the |
|
liquidator and must include information identifying the claim and |
|
the amount and priority class of the claim. |
|
(hh) Sections 21A.260(e) and (g), Insurance Code, |
|
redesignated as Sections 443.260(e) and (g), Insurance Code, |
|
respectively, by Subsection (a)(1)(F) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(e) If collateral is insufficient to satisfy in full all |
|
potential claims against it under Subsections (c) and (g), the |
|
claims against the collateral must be paid on a pro rata basis, and |
|
an obligee or completion contractor under Subsection (c) has a |
|
claim, subject to allowance under Section 443.253 [21A.253], for |
|
any deficiency. |
|
(g) To the extent that a guaranty association has made a |
|
payment relating to a claim against a surety bond, the guaranty |
|
association shall first be reimbursed for that payment and related |
|
expenses out of the available collateral or proceeds related to the |
|
surety bond. To the extent that the collateral is sufficient, the |
|
guaranty association shall be reimbursed 100 percent of its |
|
payment. If the collateral is insufficient to satisfy in full all |
|
potential claims against the collateral under Subsection (c) and |
|
this subsection, a guaranty association that has paid claims on the |
|
surety bond is entitled to a pro rata share of the available |
|
collateral in accordance with Subsection (e), and the guaranty |
|
association has claims against the general assets of the estate in |
|
accordance with Section 443.253 [21A.253] for any deficiency. Any |
|
payment made to a guaranty association under this subsection from |
|
collateral may not be deemed early access or otherwise deemed a |
|
distribution out of the general assets or property of the estate, |
|
and the guaranty association receiving payment shall subtract any |
|
payment from the collateral from the association's final claims |
|
against the estate. |
|
(ii) Sections 21A.261(a) and (e), Insurance Code, |
|
redesignated as Sections 443.261(a) and (e), Insurance Code, |
|
respectively, by Subsection (a)(1)(F) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) Notwithstanding any other provision of this chapter, |
|
including any other provision of this chapter permitting the |
|
modification of contracts, or other law of this state, a person may |
|
not be stayed or prohibited from exercising: |
|
(1) a contractual right to terminate, liquidate, or |
|
close out any netting agreement or qualified financial contract |
|
with an insurer because of: |
|
(A) the insolvency, financial condition, or |
|
default of the insurer at any time, provided that the right is |
|
enforceable under applicable law other than this chapter; or |
|
(B) the commencement of a formal delinquency |
|
proceeding under this chapter; |
|
(2) any right under a pledge, security, collateral, or |
|
guarantee agreement, or any other similar security arrangement or |
|
credit support document, relating to a netting agreement or |
|
qualified financial contract; or |
|
(3) subject to any provision of Section 443.209(b) |
|
[21A.209(b)], any right to set off or net out any termination value, |
|
payment amount, or other transfer obligation arising under or in |
|
connection with a netting agreement or qualified financial contract |
|
where the counterparty or its guarantor is organized under the laws |
|
of the United States or a state or foreign jurisdiction approved by |
|
the Securities Valuation Office of the National Association of |
|
Insurance Commissioners as eligible for netting. |
|
(e) Notwithstanding any other provision of this chapter, a |
|
receiver may not avoid a transfer of money or other property arising |
|
under or in connection with a netting agreement or qualified |
|
financial contract, or any pledge, security, or collateral or |
|
guarantee agreement or any other similar security arrangement or |
|
credit support document relating to a netting agreement or |
|
qualified financial contract, that is made before the commencement |
|
of a formal delinquency proceeding under this chapter. However, a |
|
transfer may be avoided under Section 443.205(a) [21A.205(a)] if |
|
the transfer was made with actual intent to hinder, delay, or |
|
defraud the insurer, a receiver appointed for the insurer, or |
|
existing or future creditors. |
|
(jj) Section 21A.301, Insurance Code, redesignated as |
|
Section 443.301, Insurance Code, by Subsection (a)(1)(G) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section and to the recodification and |
|
repeal of Section 2(3), Article 21.28-C, and Section 12, Article |
|
21.28-D, Insurance Code, by Chapter 727, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 443.301 [21A.301]. PRIORITY OF DISTRIBUTION. The |
|
priority of payment of distributions on unsecured claims must be in |
|
accordance with the order in which each class of claims is set forth |
|
in this section. Every claim in each class shall be paid in full, or |
|
adequate funds retained for their payment, before the members of |
|
the next class receive payment, and all claims within a class must |
|
be paid substantially the same percentage of the amount of the |
|
claim. Except as provided by Subsections (a)(2), (a)(3), (i), and |
|
(k), subclasses may not be established within a class. No claim by |
|
a shareholder, policyholder, or other creditor shall be permitted |
|
to circumvent the priority classes through the use of equitable |
|
remedies. The order of distribution of claims shall be: |
|
(a) Class 1. (1) The costs and expenses of administration |
|
expressly approved or ratified by the liquidator, including the |
|
following: |
|
(A) the actual and necessary costs of preserving |
|
or recovering the property of the insurer; |
|
(B) reasonable compensation for all services |
|
rendered on behalf of the administrative supervisor or receiver; |
|
(C) any necessary filing fees; |
|
(D) the fees and mileage payable to witnesses; |
|
(E) unsecured loans obtained by the receiver; and |
|
(F) expenses, if any, approved by the |
|
rehabilitator of the insurer and incurred in the course of the |
|
rehabilitation that are unpaid at the time of the entry of the order |
|
of liquidation. |
|
(2) The reasonable expenses of a guaranty association, |
|
including overhead, salaries and other general administrative |
|
expenses allocable to the receivership to include administrative |
|
and claims handling expenses and expenses in connection with |
|
arrangements for ongoing coverage, other than expenses incurred in |
|
the performance of duties under Section 462.002(3), 463.108, |
|
463.111, 463.113, 463.353, or 2602.113[, Section 2(3) of Article
|
|
21.28-C, and Section 12 of Article 21.28-D] or similar duties under |
|
the statute governing a similar organization in another state. In |
|
the case of the Texas Property and Casualty Insurance Guaranty |
|
Association and other property and casualty guaranty associations, |
|
the expenses shall include loss adjustment expenses, including |
|
adjusting and other expenses and defense and cost containment |
|
expenses. In the event that there are insufficient assets to pay |
|
all of the costs and expenses of administration under Subsection |
|
(a)(1) and the expenses of a guaranty association, the costs and |
|
expenses under Subsection (a)(1) shall have priority over the |
|
expenses of a guaranty association. In this event, the expenses of |
|
a guaranty association shall be paid on a pro rata basis after the |
|
payment of costs and expenses under Subsection (a)(1) in full. |
|
(3) For purposes of Subsection (a)(1)(E), any |
|
unsecured loan obtained by the receiver, unless by its terms it |
|
otherwise provides, has priority over all other costs of |
|
administration. Absent agreement to the contrary, all claims in |
|
this subclass share pro rata. |
|
(4) Except as expressly approved by the receiver, any |
|
expenses arising from a duty to indemnify the directors, officers, |
|
or employees of the insurer are excluded from this class and, if |
|
allowed, are Class 5 claims. |
|
(b) Class 2. All claims under policies of insurance, |
|
including third-party claims, claims under nonassessable policies |
|
for unearned premium, claims of obligees and, subject to the |
|
discretion of the receiver, completion contractors under surety |
|
bonds and surety undertakings other than bail bonds, mortgage or |
|
financial guaranties, or other forms of insurance offering |
|
protection against investment risk, claims by principals under |
|
surety bonds and surety undertakings for wrongful dissipation of |
|
collateral by the insurer or its agents, and claims incurred during |
|
the extension of coverage provided for in Section 443.152 |
|
[21A.152]. All other claims incurred in fulfilling the statutory |
|
obligations of a guaranty association not included in Class 1, |
|
including indemnity payments on covered claims and, in the case of |
|
the Life, Accident, Health, and Hospital Service Insurance Guaranty |
|
Association or another life and health guaranty association, all |
|
claims as a creditor of the impaired or insolvent insurer for all |
|
payments of and liabilities incurred on behalf of covered claims or |
|
covered obligations of the insurer and for the funds needed to |
|
reinsure those obligations with a solvent insurer. Notwithstanding |
|
any provision of this chapter, the following claims are excluded |
|
from Class 2 priority: |
|
(1) obligations of the insolvent insurer arising out |
|
of reinsurance contracts; |
|
(2) obligations, excluding unearned premium claims on |
|
policies other than reinsurance agreements, incurred after: |
|
(A) the expiration date of the insurance policy; |
|
(B) the policy has been replaced by the insured |
|
or canceled at the insured's request; or |
|
(C) the policy has been canceled as provided by |
|
this chapter; |
|
(3) obligations to insurers, insurance pools, or |
|
underwriting associations and their claims for contribution, |
|
indemnity, or subrogation, equitable or otherwise; |
|
(4) any claim that is in excess of any applicable |
|
limits provided in the insurance policy issued by the insurer; |
|
(5) any amount accrued as punitive or exemplary |
|
damages unless expressly covered under the terms of the policy; |
|
(6) tort claims of any kind against the insurer and |
|
claims against the insurer for bad faith or wrongful settlement |
|
practices; and |
|
(7) claims of the guaranty associations for |
|
assessments not paid by the insurer, which must be paid as claims in |
|
Class 5. |
|
(c) Class 3. Claims of the federal government not included |
|
in Class 3. |
|
(d) Class 4. Debts due employees for services or benefits |
|
to the extent that the debts do not exceed $5,000 or two months |
|
salary, whichever is the lesser, and represent payment for services |
|
performed within one year before the entry of the initial order of |
|
receivership. This priority is in lieu of any other similar |
|
priority that may be authorized by law as to wages or compensation |
|
of employees. |
|
(e) Class 5. Claims of other unsecured creditors not |
|
included in Classes 1 through 4, including claims under reinsurance |
|
contracts, claims of guaranty associations for assessments not paid |
|
by the insurer, and other claims excluded from Class 2. |
|
(f) Class 6. Claims of any state or local governments, |
|
except those specifically classified elsewhere in this section. |
|
Claims of attorneys for fees and expenses owed them by an insurer |
|
for services rendered in opposing a formal delinquency proceeding. |
|
In order to prove the claim, the claimant must show that the insurer |
|
that is the subject of the delinquency proceeding incurred the fees |
|
and expenses based on its best knowledge, information, and belief, |
|
formed after reasonable inquiry, indicating opposition was in the |
|
best interests of the insurer, was well grounded in fact, and was |
|
warranted by existing law or a good faith argument for the |
|
extension, modification, or reversal of existing law, and that |
|
opposition was not pursued for any improper purpose, such as to |
|
harass or to cause unnecessary delay or needless increase in the |
|
cost of the litigation. |
|
(g) Class 7. Claims of any state or local government for a |
|
penalty or forfeiture, but only to the extent of the pecuniary loss |
|
sustained from the act, transaction, or proceeding out of which the |
|
penalty or forfeiture arose, with reasonable and actual costs |
|
occasioned thereby. The balance of the claims must be treated as |
|
Class 9 claims under Subsection (i). |
|
(h) Class 8. Except as provided in Sections 443.251(b) |
|
[21A.251(b)] and (d), late filed claims that would otherwise be |
|
classified in Classes 2 through 7. |
|
(i) Class 9. Surplus notes, capital notes or contribution |
|
notes or similar obligations, premium refunds on assessable |
|
policies, and any other claims specifically assigned to this class. |
|
Claims in this class are subject to any subordination agreements |
|
related to other claims in this class that existed before the entry |
|
of the liquidation order. |
|
(j) Class 10. Interest on allowed claims of Classes 1 |
|
through 9, according to the terms of a plan proposed by the |
|
liquidator and approved by the receivership court. |
|
(k) Class 11. Claims of shareholders or other owners |
|
arising out of their capacity as shareholders or other owners, or |
|
any other capacity, except as they may be qualified in Class 2, 5, |
|
or 10. Claims in this class are subject to any subordination |
|
agreements related to other claims in this class that existed |
|
before the entry of the liquidation order. |
|
(kk) Section 21A.302(f), Insurance Code, redesignated as |
|
Section 443.302(f), Insurance Code, by Subsection (a)(1)(G) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(f) Any claim payments made under Subsection (d) and any |
|
related expenses must be treated as early access payments under |
|
Section 443.303 [21A.303] to the guaranty association responsible |
|
for the claims. |
|
(ll) Sections 21A.303(a), (b), (c), (e), (f), and (g), |
|
Insurance Code, redesignated as Sections 443.303(a), (b), (c), (e), |
|
(f), and (g), Insurance Code, respectively, by Subsection (a)(1)(G) |
|
of this section, are amended to conform to the additional changes |
|
made by Subsection (a)(1) of this section to read as follows: |
|
(a) For purposes of this section, "distributable assets" |
|
means all general assets of the liquidation estate less: |
|
(1) amounts reserved, to the extent necessary and |
|
appropriate, for the entire Section 443.301(a) [21A.301(a)] |
|
expenses of the liquidation through and after its closure; and |
|
(2) to the extent necessary and appropriate, reserves |
|
for distributions on claims other than those of the guaranty |
|
associations falling within the priority classes of claims |
|
established in Section 443.301(c) [21A.301(c)]. |
|
(b) Early access payments to guaranty associations must be |
|
made as soon as possible after the entry of a liquidation order and |
|
as frequently as possible after the entry of the order, but at least |
|
annually if distributable assets are available to be distributed to |
|
the guaranty associations, and must be in amounts consistent with |
|
this section. Amounts advanced to an affected guaranty association |
|
pursuant to this section shall be accounted for as advances against |
|
distributions to be made under Section 443.302 [21A.302]. Where |
|
sufficient distributable assets are available, amounts advanced |
|
are not limited to the claims and expenses paid to date by the |
|
guaranty associations; however, the liquidator may not distribute |
|
distributable assets to the guaranty associations in excess of the |
|
anticipated entire claims of the guaranty associations falling |
|
within the priority classes of claims established in Sections |
|
443.301(b) [21A.301(b)] and (c). |
|
(c) Within 120 days after the entry of an order of |
|
liquidation by the receivership court, and at least annually after |
|
the entry of the order, the liquidator shall apply to the |
|
receivership court for approval to make early access payments out |
|
of the general assets of the insurer to any guaranty associations |
|
having obligations arising in connection with the liquidation or |
|
shall report that there are no distributable assets at that time |
|
based on financial reporting as required in Section 443.016 |
|
[21A.016]. The liquidator may apply to the receivership court for |
|
approval to make early access payments more frequently than |
|
annually based on additional information or the recovery of |
|
material assets. |
|
(e) Notice of each application for early access payments, or |
|
of any report required pursuant to this section, must be given in |
|
accordance with Section 443.007 [21A.007] to the guaranty |
|
associations that may have obligations arising from the |
|
liquidation. Notwithstanding the provisions of Section 443.007 |
|
[21A.007], the liquidator shall provide these guaranty |
|
associations with at least 30 days' actual notice of the filing of |
|
the application and with a complete copy of the application prior to |
|
any action by the receivership court. Any guaranty association |
|
that may have obligations arising in connection with the |
|
liquidation has: |
|
(1) the right to request additional information from |
|
the liquidator, who may not unreasonably deny such request; and |
|
(2) the right to object as provided by Section 443.007 |
|
[21A.007] to any part of each application or to any report filed by |
|
the liquidator pursuant to this section. |
|
(f) In each application regarding early access payments, |
|
the liquidator shall, based on the best information available to |
|
the liquidator at the time, provide, at a minimum, the following: |
|
(1) to the extent necessary and appropriate, the |
|
amount reserved for the entire expenses of the liquidation through |
|
and after its closure and for distributions on claims falling |
|
within the priority classes of claims established in Sections |
|
443.301(b) [21A.301(b)] and (c); |
|
(2) the computation of distributable assets and the |
|
amount and method of equitable allocation of early access payments |
|
to each of the guaranty associations; and |
|
(3) the most recent financial information filed with |
|
the National Association of Insurance Commissioners by the |
|
liquidator. |
|
(g) Each guaranty association that receives any payments |
|
pursuant to this section agrees, upon depositing the payment in any |
|
account to its benefit, to return to the liquidator any amount of |
|
these payments that may be required to pay claims of secured |
|
creditors and claims falling within the priority classes of claims |
|
established in Section 443.301(a) [21A.301(a)], (b), or (c). No |
|
bond may be required of any guaranty association. |
|
(mm) Sections 21A.304(a), (b), and (d), Insurance Code, |
|
redesignated as Sections 443.304(a), (b), and (d), Insurance Code, |
|
respectively, by Subsection (a)(1)(G) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) If any funds of the receivership estate remain unclaimed |
|
after the final distribution under Section 443.302 [21A.302], the |
|
funds must be placed in a segregated unclaimed funds account held by |
|
the commissioner. If the owner of any of the unclaimed funds |
|
presents proof of ownership satisfactory to the commissioner before |
|
the second anniversary of the date of the termination of the |
|
delinquency proceeding, the commissioner shall remit the funds to |
|
the owner. The interest earned on funds held in the unclaimed funds |
|
account may be used to pay any administrative costs related to the |
|
handling or return of unclaimed funds. |
|
(b) If any amounts held in the unclaimed funds account |
|
remain unclaimed on or after the second anniversary of the date of |
|
the termination of the delinquency proceeding, the commissioner may |
|
file a motion for an order directing the disposition of the funds in |
|
the court in which the delinquency proceeding was pending. Any |
|
costs incurred in connection with the motion may be paid from the |
|
unclaimed funds account. The motion shall identify the name of the |
|
insurer, the names and last known addresses of the persons entitled |
|
to the unclaimed funds, if known, and the amount of the funds. |
|
Notice of the motion shall be given as directed by the court. Upon a |
|
finding by the court that the funds have not been claimed before the |
|
second anniversary of the date of the termination of the |
|
delinquency proceeding, the court shall order that any claims for |
|
unclaimed funds and any interest earned on the unclaimed funds that |
|
has not been expended under Subsection (a) are abandoned and that |
|
the funds must be disbursed under one of the following methods: |
|
(1) the amounts may be deposited in the general |
|
receivership expense account under Subsection (c); |
|
(2) the amounts may be transferred to the comptroller, |
|
and deposited into the general revenue fund; or |
|
(3) the amounts may be used to reopen the receivership |
|
in accordance with Section 443.353 [21A.353] and be distributed to |
|
the known claimants with approved claims. |
|
(d) Any advance to a receivership under Subsection (c)(2) |
|
may be treated as a claim under Section 443.301 [21A.301] as agreed |
|
at the time the advance is made or, in the absence of an agreement, |
|
in the priority determined to be appropriate by the court. |
|
(nn) Section 21A.352, Insurance Code, redesignated as |
|
Section 443.352, Insurance Code, by Subsection (a)(1)(H) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
Sec. 443.352 [21A.352]. TERMINATION OF LIQUIDATION |
|
PROCEEDINGS. When all property justifying the expense of |
|
collection and distribution has been collected and distributed |
|
under this chapter, the liquidator shall apply to the receivership |
|
court for an order discharging the liquidator and terminating the |
|
proceeding. The receivership court may grant the application and |
|
make any other orders, including orders to transfer any remaining |
|
funds that are uneconomic to distribute, or pursuant to Section |
|
443.302(c) [21A.302(c)], assign any assets that remain |
|
unliquidated, including claims and causes of action, as may be |
|
deemed appropriate. |
|
(oo) Section 21A.354(b), Insurance Code, redesignated as |
|
Section 443.354(b), Insurance Code, by Subsection (a)(1)(H) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(1) of this section to read as follows: |
|
(b) If the receiver determines that any records should be |
|
maintained after the closing of the delinquency proceeding, the |
|
receiver may reserve property from the receivership estate for the |
|
maintenance of the records, and any amounts so retained are |
|
administrative expenses of the estate under Section 443.301(a) |
|
[21A.301(a)]. Any records retained pursuant to this subsection |
|
must be transferred to the custody of the commissioner, and the |
|
commissioner may retain or dispose of the records as appropriate, |
|
at the commissioner's discretion. Any records of a delinquent |
|
insurer that are transferred to the commissioner may not be |
|
considered records of the department for any purposes, and Chapter |
|
552, Government Code, does not apply to those records. |
|
(pp) Sections 21A.401(a) and (d), Insurance Code, |
|
redesignated as Sections 443.401(a) and (d), Insurance Code, |
|
respectively, by Subsection (a)(1)(I) of this section, are amended |
|
to conform to the changes made by Subsection (a)(1) of this section |
|
and to the recodification and repeal of Section 17, Article |
|
21.28-C, and Section 18, Article 21.28-D, Insurance Code, by |
|
Chapter 727, Acts of the 79th Legislature, Regular Session, 2005, |
|
to read as follows: |
|
(a) The commissioner may initiate an action against a |
|
foreign insurer pursuant to Section 443.051 [21A.051] on any of the |
|
grounds stated in that section or on the basis that: |
|
(1) any of the foreign insurer's property has been |
|
sequestered, garnished, or seized by official action in its |
|
domiciliary state or in any other state; |
|
(2) the foreign insurer's certificate of authority to |
|
do business in this state has been revoked or was never issued and |
|
there are residents of this state with unpaid claims or in-force |
|
policies; or |
|
(3) initiation of the action is necessary to enforce a |
|
stay under Section 462.309, 463.404, or [17, Article 21.28-C,
|
|
Section 18, Article 21.28-D, or Section] 2602.259. |
|
(d) Notwithstanding Section 443.201(c) [21A.201(c)], the |
|
conservator shall hold and conserve the assets located in this |
|
state until the commissioner in the insurer's domiciliary state is |
|
appointed its receiver or until an order terminating conservation |
|
is entered under Subsection (g). Once a domiciliary receiver is |
|
appointed, the conservator shall turn over to the domiciliary |
|
receiver all property subject to an order under this section. |
|
(qq) Sections 21A.402(a) and (c), Insurance Code, |
|
redesignated as Sections 443.402(a) and (c), Insurance Code, |
|
respectively, by Subsection (a)(1)(I) of this section, are amended |
|
to conform to the additional changes made by Subsection (a)(1) of |
|
this section to read as follows: |
|
(a) A domiciliary receiver appointed in another state is |
|
vested by operation of law with title to, and may summarily take |
|
possession of, all property and records of the insurer in this |
|
state. Notwithstanding any other provision of law regarding |
|
special deposits, special deposits held in this state shall be, |
|
upon the entry of an order of liquidation with a finding of |
|
insolvency, distributed to the guaranty associations in this state |
|
as early access payments subject to Section 443.303 [21A.303], in |
|
relation to the lines of business for which the special deposits |
|
were made. The holder of any special deposit shall account to the |
|
domiciliary receiver for all distributions from the special deposit |
|
at the time of the distribution. The statutory provisions of |
|
another state and all orders entered by courts of competent |
|
jurisdiction in relation to the appointment of a domiciliary |
|
receiver of an insurer and any related proceedings in another state |
|
must be given full faith and credit in this state. For purposes of |
|
this section, "another state" means any state other than this |
|
state. This state shall treat any other state than this state as a |
|
reciprocal state. |
|
(c) Except as provided in Subsection (a), the domiciliary |
|
receiver shall handle special deposits and special deposit claims |
|
in accordance with federal law and the statutes pursuant to which |
|
the special deposits are required. All amounts in excess of the |
|
estimated amount necessary to administer the special deposit and |
|
pay the unpaid special deposit claims are deemed general assets of |
|
the estate. If there is a deficiency in any special deposit so that |
|
the claims secured by the special deposit are not fully discharged |
|
from the deposit, the claimants may share in the general assets of |
|
the insurer to the extent of the deficiency at the same priority as |
|
other claimants in their class of priority under Section 443.301 |
|
[21A.301], but the sharing must be deferred until the other |
|
claimants of their class have been paid percentages of their claims |
|
equal to the percentage paid from the special deposit. The intent |
|
of this provision is to equalize to this extent the advantage gained |
|
by the security provided by the special deposits. |
|
(rr) Section 442.801, Insurance Code, redesignated as |
|
Section 444.001, Insurance Code, by Subsection (a)(2) of this |
|
section, is amended to conform to the repeal of Article 21.28, |
|
Insurance Code, and the enactment of Chapter 21A, Insurance Code, |
|
by Chapter 995, Acts of the 79th Legislature, Regular Session, |
|
2005, and to the changes made by Subsection (a)(1) of this section |
|
to read as follows: |
|
Sec. 444.001 [442.801]. REQUIRED CONTRACT PROVISION. An |
|
agency contract entered into on or after August 27, 1973, by an |
|
insurer writing fire and casualty insurance in this state must |
|
contain, or shall be construed to contain, the following provision: |
|
Notwithstanding any other provision of this contract, the |
|
obligation of the agent to remit written premiums to the insurer |
|
shall be changed on the commencement of a delinquency proceeding as |
|
defined by Chapter 443 [442], Insurance Code, as amended. After the |
|
commencement of the delinquency proceeding, the obligation of the |
|
agent to remit premiums is limited to premiums earned before the |
|
cancellation date of insurance policies stated in the order of a |
|
court of competent jurisdiction under Chapter 443 [442], Insurance |
|
Code, canceling the policies. The agent does not owe and may not be |
|
required to remit to the insurer or to the receiver any premiums |
|
that are unearned as of the cancellation date stated in the order. |
|
(ss) Section 442.803, Insurance Code, redesignated as |
|
Section 444.003, Insurance Code, by Subsection (a)(2) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(2) of this section to read as follows: |
|
Sec. 444.003 [442.803]. EFFECT OF CHAPTER [SUBCHAPTER] ON |
|
ACTION BY RECEIVER AGAINST AGENT. This chapter [subchapter] does |
|
not prejudice a cause of action by the receiver against an agent to |
|
recover: |
|
(1) unearned premiums that were not returned to |
|
policyholders; or |
|
(2) earned premiums that were not promptly remitted to |
|
the receiver. |
|
(tt) Section 442.804, Insurance Code, redesignated as |
|
Section 444.004, Insurance Code, by Subsection (a)(2) of this |
|
section, is amended to conform to the additional changes made by |
|
Subsection (a)(2) of this section to read as follows: |
|
Sec. 444.004 [442.804]. AGENT NOT RECEIVER'S AGENT. This |
|
chapter [subchapter] does not render the agent an agent of the |
|
receiver for earned or unearned premiums. |
|
SECTION 9.005. (a) Section 462.007(b), Insurance Code, is |
|
amended to conform to Section 2, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) Except as provided by Subchapter F, this chapter does |
|
not apply to: |
|
(1) life, annuity, health, or disability insurance; |
|
(2) mortgage guaranty, financial guaranty, or other |
|
kinds of insurance offering protection against investment risks; |
|
(3) a fidelity or surety bond, or any other bonding |
|
obligation; |
|
(4) credit insurance, vendors' single-interest |
|
insurance, collateral protection insurance, or similar insurance |
|
protecting a creditor's interest arising out of a creditor-debtor |
|
transaction; |
|
(5) insurance of warranties or service contracts; |
|
(6) title insurance; |
|
(7) ocean marine insurance; |
|
(8) a transaction or combination of transactions |
|
between a person, including an affiliate of the person, and an |
|
insurer, including an affiliate of the insurer, that involves the |
|
transfer of investment or credit risk unaccompanied by the transfer |
|
of insurance risk, including transactions, except for workers' |
|
compensation insurance, involving captive insurers, policies in |
|
which deductible or self-insured retention is substantially equal |
|
in amount to the limit of the liability under the policy, and |
|
transactions in which the insured retains a substantial portion of |
|
the risk; or |
|
(9) insurance provided by or guaranteed by government. |
|
(b) Section 2, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), |
|
Section 3, Article 21.28-C, Insurance Code, is repealed. |
|
SECTION 9.006. (a) Section 462.207, Insurance Code, is |
|
amended to conform to Section 3, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 462.207. CLAIMS NOT COVERED: AMOUNTS DUE CERTAIN |
|
ENTITIES. (a) Any amount directly or indirectly due any |
|
reinsurer, insurer, self-insurer, insurance pool, or underwriting |
|
association, as a subrogation recovery, reinsurance recovery, |
|
contribution, or indemnification, or otherwise, is not a covered |
|
claim. |
|
(b) An impaired insurer's insured is not liable, and the |
|
reinsurer, insurer, self-insurer, insurance pool, or underwriting |
|
association is not entitled to sue or continue a suit against the |
|
insured, for a subrogation recovery, reinsurance recovery, |
|
contribution, [or] indemnification, or any other claim asserted |
|
directly or indirectly by a reinsurer, insurer, insurance pool, or |
|
underwriting association to the extent of the applicable liability |
|
limits of the insurance policy written and issued to the insured by |
|
the insolvent insurer. |
|
(b) Section 3, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subdivision (8), |
|
Section 5, Article 21.28-C, Insurance Code, is repealed. |
|
SECTION 9.007. (a) Section 462.211, Insurance Code, is |
|
amended to conform to Section 4, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, and Section 6.070, Chapter 265, |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
Sec. 462.211. CLAIMS NOT COVERED: LATE FILED CLAIMS. (a) |
|
Notwithstanding any other provision of this chapter or any other |
|
law to the contrary, and subject to [except as provided by] |
|
Subsection (b), a claim that is filed with the association on a date |
|
that is later than 18 months after the date of the order of |
|
liquidation or that is unknown and unreported as of the date is not |
|
a covered claim. |
|
(b) This section does not apply to a claim for workers' |
|
compensation benefits governed by Title 5, Labor Code, and the |
|
applicable rules of the commissioner of workers' compensation |
|
[Texas Workers' Compensation Commission]. |
|
(b) Subchapter C, Chapter 462, Insurance Code, is amended to |
|
conform to Section 4, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 462.1121 to read as |
|
follows: |
|
Sec. 462.1121. ACTION TO OBTAIN INFORMATION CONCERNING |
|
INSURER IN RECEIVERSHIP AUTHORIZED. (a) The association may bring |
|
an action against any third-party administrator, agent, attorney, |
|
or other representative of an insurer for which a receiver has been |
|
appointed to obtain custody and control of all information, |
|
including files, records, and electronic data, related to the |
|
insurer that is appropriate or necessary for the association, or a |
|
similar association in other states, to carry out its duties under |
|
this chapter or a similar law of another state. The association has |
|
the absolute right to obtain information under this section through |
|
emergency equitable relief, regardless of where the information is |
|
physically located. |
|
(b) In bringing an action under this section, the |
|
association is not subject to any defense, possessory lien or other |
|
type of lien, or other legal or equitable ground for refusal to |
|
surrender the information that may be asserted against the receiver |
|
of the insurer. |
|
(c) The association is entitled to an award of reasonable |
|
attorney's fees and costs incurred by the association in any action |
|
to obtain information under this section. |
|
(d) The rights granted to the association under this section |
|
do not affect the receiver's title to information, and information |
|
obtained under this section remains the property of the receiver |
|
while in the custody of the association. |
|
(c) The following are repealed: |
|
(1) Section 4, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former Section 8, |
|
Article 21.28-C, Insurance Code, by amending Subsection (d) and |
|
adding Subsection (i); and |
|
(2) Section 6.070, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (d), Section 8, Article 21.28-C, Insurance Code. |
|
SECTION 9.008. (a) Section 462.017(b), Insurance Code, is |
|
amended to conform to Section 5, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) Venue in a suit by or against the commissioner or |
|
association relating to an action or ruling of the commissioner or |
|
association under this chapter is in Travis County. The |
|
commissioner or association is not required to give an appeal bond |
|
in an appeal of a cause of action arising under this chapter. |
|
(b) Section 5, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (g), Section |
|
10, Article 21.28-C, Insurance Code, is repealed. |
|
SECTION 9.009. (a) Sections 462.308(a) and (c), Insurance |
|
Code, are amended to conform to Section 6, Chapter 995, Acts of the |
|
79th Legislature, Regular Session, 2005, to read as follows: |
|
(a) The association is entitled to recover: |
|
(1) the amount of a covered claim and the cost of |
|
defense paid on behalf of [under this chapter from the person on
|
|
whose behalf the payment was made if the person is:
|
|
[(1)] a person: |
|
(A) who is an affiliate of the impaired insurer; |
|
and |
|
(B) whose liability obligations to other persons |
|
are satisfied wholly or partly by payment made under this chapter; |
|
and [or] |
|
(2) the amount of a covered claim for workers' |
|
compensation insurance benefits and the costs of administration and |
|
defense of the claim paid under this chapter from an insured |
|
employer[:
|
|
[(A)] whose net worth on December 31 of the year |
|
preceding the date the insurer becomes an impaired insurer exceeds |
|
$50 million[; and
|
|
[(B)
whose obligations under a liability policy
|
|
or contract of insurance written, issued, and placed in force after
|
|
January 1, 1992, are satisfied wholly or partly by payment made
|
|
under this chapter]. |
|
(c) For purposes of Subsection (a)(2), an insured's net |
|
worth is deemed to include [includes] the aggregate net worth of the |
|
insured and of the insured's parent, subsidiary, and affiliated |
|
companies[,] computed on a consolidated basis. |
|
(b) Section 6, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (b), Section |
|
11, Article 21.28-C, Insurance Code, is repealed. |
|
SECTION 9.010. (a) Section 462.212, Insurance Code, is |
|
amended to conform to Section 7, Chapter 995, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 462.212. NET WORTH EXCLUSION. (a) Except for a |
|
workers' compensation claim governed by Title 5, Labor Code, a |
|
covered claim does not include, and the association is not liable |
|
for, any claim arising from an insurance policy of any [The
|
|
association is not liable to pay a first-party claim of an] insured |
|
whose net worth on December 31 of the year preceding the date the |
|
insurer becomes an impaired insurer exceeds $50 million. |
|
(b) For purposes of this section, an insured's net worth |
|
includes the aggregate net worth of the insured and of the insured's |
|
parent, subsidiary, and affiliated companies[,] computed on a |
|
consolidated basis. |
|
(c) This section does not apply: |
|
(1) to third-party claims against an insured that has: |
|
(A) applied for or consented to the appointment |
|
of a receiver, trustee, or liquidator for all or a substantial part |
|
of the insurer's assets; |
|
(B) filed a voluntary petition in bankruptcy; or |
|
(C) filed a petition or an answer seeking a |
|
reorganization or arrangement with creditors or to take advantage |
|
of any insolvency law; or |
|
(2) if an order, judgment, or decree is entered by a |
|
court of competent jurisdiction, on the application of a creditor, |
|
adjudicating the insured bankrupt or insolvent or approving a |
|
petition seeking reorganization of the insured or of all or a |
|
substantial part of its assets. |
|
(d) In an instance described by Subsection (c), the |
|
association is entitled to assert a claim in the bankruptcy or |
|
receivership proceeding to recover the amount of any covered claim |
|
and costs of defense paid on behalf of the insured. |
|
(e) The association may establish procedures for requesting |
|
financial information from an insured or claimant on a confidential |
|
basis for the purpose of applying sections concerning the net worth |
|
of first-party and third-party claimants, subject to any |
|
information requested under this subsection being shared with any |
|
other association similar to the association and with the |
|
liquidator for the impaired insurer on the same confidential basis. |
|
If the insured or claimant refuses to provide the requested |
|
financial information, the association requests an auditor's |
|
certification of that information, and the auditor's certification |
|
is available but not provided, the association may deem the net |
|
worth of the insured or claimant to be in excess of $50 million at |
|
the relevant time. |
|
(f) In any lawsuit contesting the applicability of Section |
|
462.308 or this section when the insured or claimant has declined to |
|
provide financial information under the procedure provided in the |
|
plan of operation under Section 462.103, the insured or claimant |
|
bears the burden of proof concerning its net worth at the relevant |
|
time. If the insured or claimant fails to prove that its net worth |
|
at the relevant time was less than the applicable amount, the court |
|
shall award the association its full costs, expenses, and |
|
reasonable attorney's fees in contesting the claim [This section
|
|
does not exclude the payment of a covered claim for workers'
|
|
compensation benefits otherwise payable under this chapter]. |
|
(b) Section 7, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 11A, Article |
|
21.28-C, Insurance Code, is repealed. |
|
SECTION 9.011. (a) Sections 462.309(c) and (e), Insurance |
|
Code, are amended to conform to Section 8, Chapter 995, Acts of the |
|
79th Legislature, Regular Session, 2005, to read as follows: |
|
(c) A deadline imposed under the Texas Rules of Civil |
|
Procedure or the Texas Rules of Appellate Procedure is tolled |
|
during the stay. Statutes of limitation or repose are not tolled |
|
during the stay, and any action filed during the stay is stayed upon |
|
the filing of the action. |
|
(e) The commissioner may bring an ancillary conservation |
|
[delinquency] proceeding under Section 443.401 [Sections 442.751,
|
|
442.752, and 442.754] for the [limited] purpose of determining the |
|
application, enforcement, and extension of the stay to an impaired |
|
insurer that is not domiciled in this state. |
|
(b) Section 8, Chapter 995, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), Section |
|
17, Article 21.28-C, Insurance Code, is repealed. |
|
SECTION 9.012. (a) The heading to Chapter 463, Insurance |
|
Code, is amended to conform to Section 9, Chapter 753, Acts of the |
|
79th Legislature, Regular Session, 2005, to read as follows: |
|
CHAPTER 463. TEXAS LIFE, ACCIDENT, HEALTH, AND HOSPITAL SERVICE |
|
INSURANCE GUARANTY ASSOCIATION |
|
(b) Section 463.001, Insurance Code, is amended to conform |
|
to Section 9, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 463.001. SHORT TITLE. This chapter may be cited as |
|
the Texas Life, Accident, Health, and Hospital Service Insurance |
|
Guaranty Association Act. |
|
SECTION 9.013. (a) Section 463.003, Insurance Code, is |
|
amended to conform to Sections 2 and 3, Chapter 753, Acts of the |
|
79th Legislature, Regular Session, 2005, and to more closely |
|
conform to the source law from which the section was derived, to |
|
read as follows: |
|
Sec. 463.003. GENERAL DEFINITIONS. In this chapter: |
|
(1) "Association" means the Texas Life, Accident, |
|
Health, and Hospital Service Insurance Guaranty Association. |
|
(1-a) "Benefit plan" means a specific employee, union, |
|
or association of natural persons benefit plan. |
|
(2) "Board" means the board of directors of the |
|
association. |
|
(3) "Contractual obligation" means an obligation |
|
under a policy or contract or certificate under a group policy or |
|
contract, or part of a policy or contract or certificate, for which |
|
coverage is provided under Subchapter E. |
|
(4) "Covered policy" means a policy or contract, or |
|
portion of a policy or contract, with respect to which this chapter |
|
provides coverage as determined under Subchapter E. |
|
(5) "Impaired insurer" means a member insurer that is |
|
designated an "impaired insurer" by the commissioner and is: |
|
(A) [is] placed by a court in this state or |
|
another state under an order of supervision, liquidation, |
|
rehabilitation, or conservation [under Chapter 441 or 442 and is
|
|
designated by the commissioner as an impaired insurer]; [or] |
|
(B) placed under an order of liquidation or |
|
rehabilitation under Chapter 443; or |
|
(C) placed under an order of supervision or |
|
conservation by the commissioner under Chapter 441 [is determined
|
|
in good faith by the commissioner to be unable or potentially unable
|
|
to fulfill the insurer's contractual obligations]. |
|
(6) "Insolvent insurer" means a member insurer that[:
|
|
[(A)] has been placed under an order of |
|
liquidation with a finding of insolvency by a court in this state or |
|
another state [a minimum free surplus, if a mutual insurance
|
|
company, or required capital, if a stock insurance company, that is
|
|
impaired to an extent prohibited by law; and
|
|
[(B)
the commissioner designates as an insolvent
|
|
insurer]. |
|
(7) "Member insurer" means an insurer that is required |
|
to participate in the association under Section 463.052. |
|
(7-a) "Owner" means the owner of a policy or contract |
|
and "policy owner" and "contract owner" mean the person who is |
|
identified as the legal owner under the terms of the policy or |
|
contract or who is otherwise vested with legal title to the policy |
|
or contract through a valid assignment completed in accordance with |
|
the terms of the policy or contract and is properly recorded as the |
|
owner on the books of the insurer. The terms "owner," "contract |
|
owner," and "policy owner" do not include persons with a mere |
|
beneficial interest in a policy or contract. |
|
(8) "Person" means an individual, corporation, |
|
limited liability company, partnership, association, governmental |
|
body or entity, or voluntary organization. |
|
(8-a) "Plan sponsor" means: |
|
(A) the employer in the case of a benefit plan |
|
established or maintained by a single employer; |
|
(B) the employee organization in the case of a |
|
benefit plan established or maintained by an employee organization; |
|
or |
|
(C) in a case of a benefit plan established or |
|
maintained by two or more employers or jointly by one or more |
|
employers and one or more employee organizations, the association, |
|
committee, joint board of trustees, or other similar group of |
|
representatives of the parties who establish or maintain the |
|
benefit plan. |
|
(9) "Premium" means an amount received on a covered |
|
policy, less any premium, consideration, or deposit returned on the |
|
policy, and any dividend or experience credit on the policy. The |
|
term does not include: |
|
(A) an amount received for a policy or contract |
|
or part of a policy or contract for which coverage is not provided |
|
under Section 463.202, except that assessable premiums may not be |
|
reduced because of: |
|
(i) an interest limitation provided by |
|
Section 463.203(b)(3); or |
|
(ii) a limitation provided by Section |
|
463.204 with respect to a single individual, participant, |
|
annuitant, or contract owner [holder]; |
|
(B) premiums in excess of $5 million on an |
|
unallocated annuity contract not issued under a governmental |
|
benefit [retirement] plan established under Section 401, 403(b), |
|
or 457, Internal Revenue Code of 1986; [or] |
|
(C) premiums received from the state treasury or |
|
the United States treasury for insurance for which this state or the |
|
United States contracts to: |
|
(i) provide welfare benefits to designated |
|
welfare recipients; or |
|
(ii) implement Title 2, Human Resources |
|
Code, or the Social Security Act (42 U.S.C. Section 301 et seq.); or |
|
(D) premiums in excess of $5 million with respect |
|
to multiple nongroup policies of life insurance owned by one owner, |
|
regardless of whether the policy owner is an individual, firm, |
|
corporation, or other person and regardless of whether the persons |
|
insured are officers, managers, employees, or other persons, |
|
regardless of the number of policies or contracts held by the owner. |
|
(10) "Resident" means a person who resides in this |
|
state on the earlier of the date a member insurer becomes an |
|
impaired insurer or the date of entry of a court order that |
|
determines a member insurer to be an impaired insurer or the date of |
|
entry of a court order that determines a member insurer to be an |
|
insolvent insurer and to whom the [at the time a] member insurer |
|
[that] owes a contractual obligation [to the person is determined
|
|
to be impaired or insolvent]. For the purposes of this subdivision: |
|
(A) a person is considered to be a resident of |
|
only one state; [and] |
|
(B) a person other than an individual is |
|
considered to be a resident of the state in which the person's |
|
principal place of business is located; and |
|
(C) a United States citizen who is either a |
|
resident of a foreign country or a resident of a United States |
|
possession, territory, or protectorate that does not have an |
|
association similar to the association created by this chapter is |
|
considered a resident of the state of domicile of the insurer that |
|
issued the policy or contract. |
|
(10-a) "Structured settlement annuity" means an |
|
annuity purchased to fund periodic payments for a plaintiff or |
|
other claimant in payment for or with respect to personal injury |
|
suffered by the plaintiff or other claimant. |
|
(11) "Supplemental contract" means a written [an] |
|
agreement for the distribution of policy or contract proceeds. |
|
(12) "Unallocated annuity contract" means an annuity |
|
contract or group annuity certificate that is not issued to and |
|
owned by an individual, except to the extent of any annuity benefits |
|
guaranteed to an individual by an insurer under the contract or |
|
certificate. |
|
(b) Subchapter A, Chapter 463, Insurance Code, is amended to |
|
conform to Section 3, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 463.0031 to read as |
|
follows: |
|
Sec. 463.0031. DEFINITION OF PRINCIPAL PLACE OF BUSINESS OF |
|
PLAN SPONSOR OR OTHER PERSON. (a) Except as otherwise provided by |
|
this section, in this chapter, the "principal place of business" of |
|
a plan sponsor or a person other than an individual means the single |
|
state in which the individuals who establish policy for the |
|
direction, control, and coordination of the operations of the plan |
|
sponsor or person as a whole primarily exercise that function, as |
|
determined by the association in its reasonable judgment by |
|
considering the following factors: |
|
(1) the state in which the primary executive and |
|
administrative headquarters of the plan sponsor or person is |
|
located; |
|
(2) the state in which the principal office of the |
|
chief executive officer of the plan sponsor or person is located; |
|
(3) the state in which the board of directors, or |
|
similar governing person or persons, of the plan sponsor or person |
|
conduct the majority of their meetings; |
|
(4) the state in which the executive or management |
|
committee of the board of directors, or similar governing person or |
|
persons, of the plan sponsor or person conduct the majority of their |
|
meetings; |
|
(5) the state from which the management of the overall |
|
operations of the plan sponsor or person is directed; and |
|
(6) in the case of a benefit plan sponsored by |
|
affiliated companies comprising a consolidated corporation, the |
|
state in which the holding company or controlling affiliate has its |
|
principal place of business as determined using the factors |
|
described by Subdivisions (1)-(5). |
|
(b) In the case of a plan sponsor, if more than 50 percent of |
|
the participants in the benefit plan are employed in a single state, |
|
that state is the principal place of business of the plan sponsor. |
|
(c) The principal place of business of a plan sponsor of a |
|
benefit plan described in Section 463.003(8-a)(C) is the principal |
|
place of business of the association, committee, joint board of |
|
trustees, or other similar group of representatives of the parties |
|
who establish or maintain the benefit plan that, in lieu of a |
|
specific or clear designation of a principal place of business, |
|
shall be deemed to be the principal place of business of the |
|
employer or employee organization that has the largest investment |
|
in that benefit plan. |
|
(c) Section 463.052(b), Insurance Code, is amended to |
|
conform to Section 2, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
(b) The following do not participate as member insurers: |
|
(1) a health maintenance organization; |
|
(2) a fraternal benefit society; |
|
(3) a mandatory state pooling plan; |
|
(4) a reciprocal or interinsurance exchange; [and] |
|
(5) an organization which has a certificate of |
|
authority or license limited to the issuance of charitable gift |
|
annuities, as defined by this code or rules adopted by the |
|
commissioner; and |
|
(6) an entity similar to an entity described by |
|
Subdivision (1), (2), (3), [or] (4), or (5). |
|
(d) Section 463.204, Insurance Code, is amended to conform |
|
to Section 2, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 463.204. OBLIGATIONS EXCLUDED. A contractual |
|
obligation does not include: |
|
(1) death benefits in an amount in excess of $300,000 |
|
or a net cash surrender or net cash withdrawal value in an amount in |
|
excess of $100,000 [in the aggregate] under one or more policies on |
|
a single life; |
|
(2) an amount in excess of: |
|
(A) $100,000 in the present value [aggregate] |
|
under one or more annuity contracts issued with respect to a single |
|
life under [to the same holder of] individual annuity policies or |
|
[to the same annuitant or participant under] group annuity |
|
policies; or |
|
(B) $5 million in unallocated annuity contract |
|
benefits with respect to a single contract owner [holder] |
|
regardless of the number of those contracts; |
|
(3) an amount in excess of the following amounts, |
|
including any net cash surrender or cash withdrawal values, |
|
[$200,000 in the aggregate] under one or more accident, health, |
|
[or] accident and health, or long-term care insurance policies on a |
|
single life: |
|
(A) $500,000 for basic hospital, |
|
medical-surgical, or major medical insurance, as those terms are |
|
defined by this code or rules adopted by the commissioner; |
|
(B) $300,000 for disability and long-term care |
|
insurance, as those terms are defined by this code or rules adopted |
|
by the commissioner; or |
|
(C) $200,000 for coverages that are not defined |
|
as basic hospital, medical-surgical, major medical, disability, or |
|
long-term care insurance; |
|
(4) an amount in excess of $100,000 in present value |
|
annuity benefits, in the aggregate, including any net cash |
|
surrender and net cash withdrawal values, with respect to each |
|
individual participating in a governmental retirement benefit plan |
|
established under Section 401, 403(b), or 457, Internal Revenue |
|
Code of 1986 (26 U.S.C. Sections 401, 403(b), and 457), covered by |
|
an unallocated annuity contract or the beneficiary or beneficiaries |
|
of the individual if the individual is deceased; |
|
(5) an amount in excess of $100,000 in present value |
|
annuity benefits, in the aggregate, including any net cash |
|
surrender and net cash withdrawal values, with respect to each |
|
payee of a structured settlement annuity or the beneficiary or |
|
beneficiaries of the payee if the payee is deceased; |
|
(6) aggregate benefits in an amount in excess of |
|
$300,000 with respect to a single life, except with respect to: |
|
(A) benefits paid under basic hospital, |
|
medical-surgical, or major medical insurance policies, described |
|
by Subdivision (3)(A), in which case the aggregate benefits are |
|
$500,000; and |
|
(B) benefits paid to one owner of multiple |
|
nongroup policies of life insurance, whether the policy owner is an |
|
individual, firm, corporation, or other person, and whether the |
|
persons insured are officers, managers, employees, or other |
|
persons, in which case the maximum benefits are $5 million |
|
regardless of the number of policies and contracts held by the |
|
owner; |
|
(7) an amount in excess of $5 million in benefits, with |
|
respect to either one plan sponsor whose plans own directly or in |
|
trust one or more unallocated annuity contracts not included in |
|
Subdivision (4) irrespective of the number of contracts with |
|
respect to the contract owner or plan sponsor or one contract owner |
|
provided coverage under Section 463.201(a)(3)(B), except that, if |
|
one or more unallocated annuity contracts are covered contracts |
|
under this chapter and are owned by a trust or other entity for the |
|
benefit of two or more plan sponsors, coverage shall be afforded by |
|
the association if the largest interest in the trust or entity |
|
owning the contract or contracts is held by a plan sponsor whose |
|
principal place of business is in this state, and in no event shall |
|
the association be obligated to cover more than $5 million in |
|
benefits with respect to all these unallocated contracts; |
|
(8) any contractual obligations of the insolvent or |
|
impaired insurer under a covered policy or contract that do not |
|
materially affect the economic value of economic benefits of the |
|
covered policy or contract; or |
|
(9) [(4)] punitive, exemplary, extracontractual, or |
|
bad faith damages, regardless of whether the damages are: |
|
(A) agreed to or assumed by an insurer or |
|
insured; or |
|
(B) imposed by a court. |
|
(e) The following are repealed: |
|
(1) Section 2, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former Section 5, |
|
Article 21.28-D, Insurance Code, by amending Subdivisions (2), (3), |
|
(4), (5), (6), (7), (9), (10), (11), and (12) and adding |
|
Subdivisions (2-a), (8-a), (9-a), and (11-a); and |
|
(2) Section 3, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, which added Section 5A to |
|
former Article 21.28-D, Insurance Code. |
|
SECTION 9.014. (a) Section 463.051(a), Insurance Code, is |
|
amended to conform to Section 4, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) The Texas Life, Accident, Health, and Hospital Service |
|
Insurance Guaranty Association is a nonprofit legal entity existing |
|
to pay benefits and continue coverage as provided by this chapter. |
|
(b) Section 4, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), Section |
|
6, Article 21.28-D, Insurance Code, is repealed. |
|
SECTION 9.015. (a) Section 463.101(a), Insurance Code, is |
|
amended to conform to Section 5, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) The association may: |
|
(1) enter into contracts as necessary or proper to |
|
carry out this chapter and the purposes of this chapter; |
|
(2) sue or be sued, including taking: |
|
(A) necessary or proper legal action to: |
|
(i) recover an unpaid assessment under |
|
Subchapter D; or |
|
(ii) settle a claim or potential claim |
|
against the association; or |
|
(B) necessary legal action to avoid payment of an |
|
improper claim; |
|
(3) borrow money to effect the purposes of this |
|
chapter; |
|
(4) exercise, for the purposes of this chapter and to |
|
the extent approved by the commissioner, the powers of a domestic |
|
life, accident, or health insurance company or a group hospital |
|
service corporation, except that the association may not issue an |
|
insurance policy or annuity contract other than to perform the |
|
association's obligations under this chapter; [and] |
|
(5) to further the association's purposes, exercise |
|
the association's powers, and perform the association's duties, |
|
join an organization of one or more state associations that have |
|
similar purposes; |
|
(6) request information from a person seeking coverage |
|
from the association in determining its obligations under this |
|
chapter with respect to the person, and the person shall promptly |
|
comply with the request; and |
|
(7) take any other necessary or appropriate action to |
|
discharge the association's duties and obligations under this |
|
chapter or to exercise the association's powers under this chapter. |
|
(b) Subchapter E, Chapter 463, Insurance Code, is amended to |
|
conform to Section 5, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 463.206 to read as |
|
follows: |
|
Sec. 463.206. ASSOCIATION DISCRETION IN MANNER OF PROVIDING |
|
BENEFITS. (a) The board shall have discretion and may exercise |
|
reasonable business judgment to determine the means by which the |
|
association is to provide the benefits of this chapter in an |
|
economical and efficient manner. |
|
(b) If the association arranges or offers to provide the |
|
benefits of this chapter to a covered person under a plan or |
|
arrangement that fulfills the association's obligations under this |
|
chapter, the person is not entitled to benefits from the |
|
association in addition to or other than those provided under the |
|
plan or arrangement. |
|
(c) Section 463.259, Insurance Code, is amended to conform |
|
to Section 5, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 463.259. PREMIUM DUE DURING RECEIVERSHIP. After a |
|
court enters an order of receivership with respect to an impaired or |
|
insolvent insurer, a premium due for coverage issued by the insurer |
|
is owned by and is payable at the direction of the association. The |
|
association is liable for an unearned premium owed to a policy or |
|
contract owner that arises after the court enters the order. |
|
(d) Section 463.261, Insurance Code, is amended to conform |
|
to Section 5, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, by adding Subsections (d) and (e) to read as follows: |
|
(d) The rights of the association under Subsection (c) |
|
include, in the case of a structured settlement annuity, any rights |
|
of the owner, beneficiary, or payee of the annuity, to the extent of |
|
benefits received under this chapter, against any person originally |
|
or by succession responsible for the losses arising from the |
|
personal injury relating to the annuity or payment for the annuity, |
|
other than a person responsible solely by reason of serving as an |
|
assignee in respect of a qualified assignment under Section 130, |
|
Internal Revenue Code of 1986 (26 U.S.C. Section 130). |
|
(e) If a provision of this section is invalid or ineffective |
|
with respect to any person or claim for any reason, the amount |
|
payable by the association with respect to the related covered |
|
obligations is reduced by the amount realized by any other person |
|
with respect to the person or claim that is attributable to the |
|
policies, or portion of the policies, covered by the association. |
|
If the association has provided benefits with respect to a covered |
|
obligation and a person recovers amounts as to which the |
|
association has rights described in this section, the person shall |
|
pay to the association the portion of the recovery attributable to |
|
the policies, or portion of the policies, covered by the |
|
association. |
|
(e) Subchapter F, Chapter 463, Insurance Code, is amended to |
|
conform to Section 5, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 463.263 to read as |
|
follows: |
|
Sec. 463.263. DEPOSIT TO BE PAID TO ASSOCIATION. (a) A |
|
deposit in this state, held under law or required by the |
|
commissioner for the benefit of creditors, including policy owners, |
|
that is not turned over to the domiciliary receiver on the entry of |
|
a final order of liquidation or order approving a rehabilitation |
|
plan of an insurer domiciled in this state or a reciprocal state in |
|
accordance with Section 443.402 shall be promptly paid to the |
|
association. |
|
(b) The association is entitled to retain a portion of any |
|
amount paid to the association under this section equal to the |
|
percentage determined by dividing the aggregate amount of policy |
|
owners' claims related to that insolvency for which the association |
|
has provided statutory benefits by the aggregate amount of all |
|
policy owners' claims in this state related to that insolvency and |
|
shall remit to the domiciliary receiver the amount paid to the |
|
association and retained under this section. |
|
(c) The amount paid to the association under this section, |
|
less the amount retained by the association under this section, is |
|
treated as a distribution of estate assets under Section 443.303 or |
|
the similar law of the state of domicile of the impaired or |
|
insolvent insurer. |
|
(f) Section 5, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 8, Article |
|
21.28-D, Insurance Code, by amending Subsections (e), (n), and (v) |
|
and adding Subsections (u-1), (u-2), (u-3), (x), and (y), is |
|
repealed. |
|
SECTION 9.016. (a) Section 463.151, Insurance Code, is |
|
amended to conform to Section 6, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, by amending Subsection (a) and |
|
adding Subsection (a-1) to read as follows: |
|
(a) The association shall assess member insurers, |
|
separately for each account under Section 463.105, in the amounts |
|
and at the times the board determines necessary to provide money for |
|
the association to exercise the association's powers, perform the |
|
association's duties, and carry out the purposes of this chapter. |
|
The association may not authorize and call [make] an assessment to |
|
meet the requirements of the association with respect to an |
|
impaired or insolvent insurer until the assessment is necessary to |
|
carry out the purposes of this chapter. The board shall classify |
|
assessments under Section 463.152 and determine the amount of |
|
assessments with reasonable accuracy, recognizing that exact |
|
determinations may not always be possible. |
|
(a-1) The association shall notify each member insurer of |
|
its anticipated pro rata share of an authorized assessment not yet |
|
called not later than the 180th day after the date the assessment is |
|
authorized. |
|
(b) Section 463.152, Insurance Code, is amended to conform |
|
to Section 6, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, by amending Subsections (b) and (c) and adding |
|
Subsection (d) to read as follows: |
|
(b) Class A assessments are authorized and called [made] to |
|
pay: |
|
(1) the association's administrative costs; |
|
(2) administrative expenses that: |
|
(A) are properly incurred under this chapter; and |
|
(B) relate to an unauthorized insurer or to an |
|
entity that is not a member insurer; and |
|
(3) other general expenses not related to a particular |
|
impaired or insolvent insurer. |
|
(c) Class B assessments are authorized and called [made] to |
|
the extent necessary for the association to carry out the |
|
association's powers and duties under Sections 463.101, 463.103, |
|
463.109, and 463.111(c) and Subchapter F with regard to an impaired |
|
or insolvent insurer. |
|
(d) For purposes of this section, an assessment is |
|
authorized at the time a resolution by the board is passed under |
|
which an assessment will be called immediately or in the future from |
|
member insurers for a specified amount and an assessment is called |
|
at the time a notice has been issued by the association to member |
|
insurers requiring that an authorized assessment be paid within a |
|
period stated in the notice. An authorized assessment becomes a |
|
called assessment at the time notice is mailed by the association to |
|
member insurers. |
|
(c) Sections 463.153(b) and (c), Insurance Code, are |
|
amended to conform to Section 6, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) Class B assessments against a member insurer for each |
|
account under Section 463.105 shall be authorized and called [made] |
|
in the proportion that the premiums received on [all] business in |
|
this state by the insurer on policies or contracts covered by each |
|
account for the three most recent calendar years for which |
|
information is available preceding the year in which the insurer |
|
became impaired or insolvent bear to [the] premiums received on |
|
[all] business in this state for those calendar years by all |
|
assessed member insurers. The amount of a Class B assessment shall |
|
be allocated [divided] among the separate accounts in accordance |
|
with an allocation formula that may be based on: |
|
(1) the premiums or reserves of the impaired or |
|
insolvent insurer; or |
|
(2) any other standard deemed by the board in the |
|
board's sole discretion as being fair and reasonable under the |
|
circumstances [the proportion that the premiums on the policies
|
|
covered by each account were received by the impaired or insolvent
|
|
insurer from all covered policies during the year preceding the
|
|
date of the impairment, as shown in the annual statements for the
|
|
year preceding the date of the assessment]. |
|
(c) The total amount of assessments on a member insurer for |
|
each account under Section 463.105 may not exceed two [one] percent |
|
of the insurer's premiums on the policies covered by the account |
|
during the three [in a single] calendar years preceding the year in |
|
which the insurer became an impaired or insolvent insurer. If two |
|
or more assessments are authorized in a calendar year with respect |
|
to insurers that become impaired or insolvent in different calendar |
|
years, the average annual premiums for purposes of the aggregate |
|
assessment percentage limitation described by this subsection |
|
shall be equal to the higher of the three-year average annual |
|
premiums for the applicable subaccount or account as computed in |
|
accordance with this section [year]. If the maximum assessment and |
|
the other assets of the association do not provide in a year an |
|
amount sufficient to carry out the association's responsibilities, |
|
the association shall make necessary additional assessments as soon |
|
as this chapter permits. |
|
(d) Section 6, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 9, Article |
|
21.28-D, Insurance Code, by amending Subsections (b), (d), (f), |
|
(g), and (h) and adding Subsection (b-1), is repealed. |
|
SECTION 9.017. (a) Section 463.161(a), Insurance Code, is |
|
amended to conform to Section 7, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) A member insurer is entitled to show as an admitted |
|
asset a certificate of contribution in the form the commissioner |
|
approves under Section 463.156. Unless the commissioner requires a |
|
longer period, the certificate may be shown at: |
|
(1) for the calendar year of issuance, an amount equal |
|
to the certificate's original face value approved by the |
|
commissioner; and |
|
(2) beginning with the year following the calendar |
|
year of issuance, an amount equal to the certificate's original |
|
face value, reduced by 20 [10] percent a year for each year after |
|
the year of issuance, for a period of five [10] years. |
|
(b) Section 7, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), Section |
|
(13), Article 21.28-D, Insurance Code, is repealed. |
|
SECTION 9.018. (a) Section 463.201, Insurance Code, is |
|
amended to conform to Section 1, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, and to conform more closely to |
|
the source law from which the section was derived to read as |
|
follows: |
|
Sec. 463.201. INSUREDS COVERED. (a) Subject to Subsections |
|
(b) and (c), this [This] chapter provides coverage for a policy or |
|
contract described by Section 463.202 to a person who is: |
|
(1) a person, other than a certificate holder under a |
|
group policy or contract who is not a resident, who is a |
|
beneficiary, assignee, or payee of a person described by |
|
Subdivision (2); |
|
(2) a person who is [subject to Subsection (b),] an |
|
owner of or certificate holder under a policy or contract specified |
|
by Section 463.202, other than [or a contract holder under] an |
|
unallocated annuity contract or structured settlement annuity, and |
|
who is: |
|
(A) a resident; or |
|
(B) not a resident, but only under all of the |
|
following conditions: |
|
(i) the insurers that issued the policies |
|
or contracts are domiciled in this state; |
|
(ii) the state in which the person resides |
|
has an association similar to the association; and |
|
(iii) the person is not eligible for |
|
coverage by an association in any other state because the insurer |
|
was not licensed in the state at the time specified in that state's |
|
guaranty association law; |
|
(3) a person who is the owner of an unallocated annuity |
|
contract issued to or in connection with: |
|
(A) a benefit plan whose plan sponsor has the |
|
sponsor's principal place of business in this state; or |
|
(B) a government lottery, if the owner is a |
|
resident; or |
|
(4) a person who is the payee under a structured |
|
settlement annuity, or beneficiary of the payee if the payee is |
|
deceased, if: |
|
(A) the payee is a resident, regardless of where |
|
the contract owner resides; |
|
(B) the payee is not a resident, the contract |
|
owner of the structured settlement annuity is a resident, and the |
|
payee is not eligible for coverage by the association in the state |
|
in which the payee resides; or |
|
(C) the payee and the contract owner are not |
|
residents, the insurer that issued the structured settlement |
|
annuity is domiciled in this state, the state in which the contract |
|
owner resides has an association similar to the association, and |
|
neither the payee or, if applicable, the payee's beneficiary, nor |
|
the contract owner is eligible for coverage by the association in |
|
the state in which the payee or contract owner resides [(2) a
|
|
beneficiary, assignee, or payee, other than a certificate holder
|
|
under a group policy or contract who is not a resident, of a person
|
|
described by Subdivision (1)]. |
|
(b) This chapter does not provide coverage to: |
|
(1) a person who is a payee or the beneficiary of a |
|
payee with respect to a contract the owner of which is a resident of |
|
this state, if the payee or the payee's beneficiary is afforded any |
|
coverage by the association of another state; or |
|
(2) a person otherwise described by Subsection (a)(3), |
|
if any coverage is provided by the association of another state to |
|
that person. |
|
(c) This chapter is intended to provide coverage to persons |
|
who are residents of this state, and in those limited circumstances |
|
as described in this chapter, to nonresidents. In order to avoid |
|
duplicate coverage, if a person who would otherwise receive |
|
coverage under this chapter is provided coverage under the laws of |
|
any other state, the person may not be provided coverage under this |
|
chapter. In determining the application of the provisions of this |
|
subsection in situations in which a person could be covered by the |
|
association of more than one state, whether as an owner, payee, |
|
beneficiary, or assignee, this chapter shall be construed in |
|
conjunction with other state laws to result in coverage by only one |
|
association. [Coverage under Subsection (a)(1) applies to a person
|
|
who is not a resident, only if:
|
|
[(1)
the insurer that issued the policy or contract is
|
|
domiciled in this state;
|
|
[(2)
the insurer never held a certificate of authority
|
|
in the state in which the person resides;
|
|
[(3)
the state in which the person resides has an
|
|
association similar to the association; and
|
|
[(4)
the person is not eligible for coverage by the
|
|
association in the state in which the person resides.] |
|
(b) Sections 463.202(a) and (c), Insurance Code, are |
|
amended to conform to Section 1, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) Except as limited by this chapter, the coverage provided |
|
by this chapter to a person specified by Section 463.201, subject to |
|
Sections 463.201(b) and (c), applies with respect to the following |
|
policies and contracts issued by a member insurer: |
|
(1) a direct, nongroup life, health, accident, |
|
annuity, or supplemental policy or contract; |
|
(2) a certificate under a direct group policy or |
|
contract; |
|
(3) a group hospital service contract; and |
|
(4) an unallocated annuity contract. |
|
(c) For the purposes of this section, an annuity contract or |
|
a certificate under a group annuity contract includes: |
|
(1) a guaranteed investment contract; |
|
(2) a deposit administration contract; |
|
(3) an allocated or unallocated funding agreement; |
|
(4) a structured settlement annuity [agreement]; |
|
(5) an annuity issued to or in connection with a |
|
government lottery [a lottery contract]; and |
|
(6) an immediate or deferred annuity contract. |
|
(c) Section 463.203, Insurance Code, is amended to conform |
|
to Section 1, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, by amending Subsection (b) and adding Subsection (c) |
|
to read as follows: |
|
(b) This chapter does not provide coverage for: |
|
(1) any part of a policy or contract not guaranteed by |
|
the insurer or under which the risk is borne by the policy or |
|
contract owner [holder]; |
|
(2) a policy or contract of reinsurance, unless an |
|
assumption certificate has been issued; |
|
(3) any part of a policy or contract to the extent that |
|
the rate of interest on which that part is based: |
|
(A) as averaged over the period of four years |
|
before the date the member insurer becomes impaired or insolvent |
|
under this chapter, whichever is earlier [association became
|
|
obligated with respect to the policy or contract], exceeds a rate of |
|
interest determined by subtracting two percentage points from |
|
Moody's Corporate Bond Yield Average averaged for the same |
|
four-year period or for a lesser period if the policy or contract |
|
was issued less than four years before the date the member insurer |
|
becomes impaired or insolvent under this chapter, whichever is |
|
earlier [association became obligated]; and |
|
(B) on and after the date the member insurer |
|
becomes impaired or insolvent under this chapter, whichever is |
|
earlier [association became obligated with respect to the policy or
|
|
contract], exceeds the rate of interest determined by subtracting |
|
three percentage points from Moody's Corporate Bond Yield Average |
|
as most recently available; |
|
(4) a portion of a policy or contract issued to a plan |
|
or program of an employer, association, [or] similar entity, or |
|
other person to provide life, health, or annuity benefits to the |
|
entity's employees, [or] members, or others, to the extent that the |
|
plan or program is self-funded or uninsured, including benefits |
|
payable by an employer, association, or similar entity under: |
|
(A) a multiple employer welfare arrangement as |
|
defined by Section 3, Employee Retirement Income Security Act of |
|
1974 (29 U.S.C. Section 1002); |
|
(B) a minimum premium group insurance plan; |
|
(C) a stop-loss group insurance plan; or |
|
(D) an administrative services-only contract; |
|
(5) any part of a policy or contract to the extent that |
|
the part provides dividends, [or] experience rating credits, or |
|
voting rights, or provides that fees or allowances be paid to any |
|
person, including the policy or contract owner [holder], in |
|
connection with the service to or administration of the policy or |
|
contract; |
|
(6) a policy or contract issued in this state by a |
|
member insurer at a time the insurer was not authorized to issue the |
|
policy or contract in this state; |
|
(7) an unallocated annuity contract issued to or in |
|
connection with a [an employee] benefit plan protected under the |
|
federal Pension Benefit Guaranty Corporation, regardless of |
|
whether the Pension Benefit Guaranty Corporation has not yet become |
|
liable to make any payments with respect to the benefit plan; |
|
(8) any part of an unallocated annuity contract that |
|
is not issued to or in connection with a specific employee, a |
|
benefit plan for a union or association of individuals, or a |
|
governmental lottery; [or] |
|
(9) any part of a financial guarantee, funding |
|
agreement, or guaranteed investment contract that: |
|
(A) does not contain a mortality guarantee; and |
|
(B) is not issued to or in connection with a |
|
specific employee, a benefit plan, or a governmental lottery; |
|
(10) a part of a policy or contract to the extent that |
|
the assessments required by Subchapter D with respect to the policy |
|
or contract are preempted by federal or state law; |
|
(11) a contractual agreement that established the |
|
member insurer's obligations to provide a book value accounting |
|
guaranty for defined contribution benefit plan participants by |
|
reference to a portfolio of assets that is owned by the benefit plan |
|
or the plan's trustee in a case in which neither the benefit plan |
|
sponsor nor its trustee is an affiliate of the member insurer; or |
|
(12) a part of a policy or contract to the extent the |
|
policy or contract provides for interest or other changes in value |
|
that are to be determined by the use of an index or external |
|
reference stated in the policy or contract, but that have not been |
|
credited to the policy or contract, or as to which the policy or |
|
contract owner's rights are subject to forfeiture, as of the date |
|
the member insurer becomes an impaired or insolvent insurer under |
|
this chapter, whichever date is earlier, subject to Subsection (c). |
|
(c) For purposes of determining the values that have been |
|
credited and are not subject to forfeiture as described by |
|
Subsection (b)(12), if a policy's or contract's interest or changes |
|
in value are credited less frequently than annually, the interest |
|
or change in value determined by using the procedures defined in the |
|
policy or contract is credited as if the contractual date of |
|
crediting interest or changing values is the earlier of the date of |
|
impairment or the date of insolvency, and is not subject to |
|
forfeiture. |
|
(d) Section 463.260(a), Insurance Code, is amended to |
|
conform to Section 1, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
(a) The association is not liable for benefits that exceed |
|
the contractual obligations for which the insurer is liable or |
|
would have been liable if not impaired or insolvent. The |
|
association has no obligation to provide benefits outside the |
|
express written terms of the policy or contract, including: |
|
(1) claims based on marketing materials; |
|
(2) claims based on side letters, riders, or other |
|
documents that were issued without meeting applicable policy form |
|
filing or approval requirements; |
|
(3) claims based on misrepresentation of or regarding |
|
policy benefits; |
|
(4) extracontractual claims; or |
|
(5) claims for penalties or consequential or |
|
incidental damages. |
|
(e) Subchapter F, Chapter 463, Insurance Code, is amended to |
|
conform to Section 1, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 463.262 to read as |
|
follows: |
|
Sec. 463.262. EFFECT OF SUBROGATION AND ASSIGNMENT OF |
|
RIGHTS AND AVAILABLE ASSETS ON ASSOCIATION OBLIGATION. (a) The |
|
limitations set forth in this chapter are limitations on the |
|
benefits for which the association is obligated before taking into |
|
account either the association's subrogation and assignment rights |
|
or the extent to which those benefits could be provided out of the |
|
assets of the impaired or insolvent insurer attributable to covered |
|
policies. |
|
(b) The costs of the association's obligations under this |
|
chapter may be met by the use of assets attributable to covered |
|
policies or reimbursed to the association pursuant to the |
|
association's subrogation and assignment rights. |
|
(f) Section 1, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 3, Article |
|
21.28-D, Insurance Code, is repealed. |
|
SECTION 9.019. (a) Section 463.302(d), Insurance Code, is |
|
amended to conform to Section 8, Chapter 753, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(d) The maximum amount recoverable under Subsections (b) |
|
and (c) is the amount needed in excess of all other available assets |
|
of the impaired or insolvent insurer to pay the insurer's |
|
contractual obligations. |
|
(b) Section 463.304, Insurance Code, is amended to conform |
|
to Section 8, Chapter 753, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 463.304. DISTRIBUTION OF OWNERSHIP RIGHTS OF IMPAIRED |
|
OR INSOLVENT INSURER. In making an equitable distribution of the |
|
ownership rights of an impaired or insolvent insurer before the |
|
termination of a receivership, the court: |
|
(1) shall consider the welfare of the policyholders of |
|
the continuing or successor insurer; and |
|
(2) may consider the contributions of the respective |
|
parties, including the association, the shareholders and |
|
policyholders of the impaired or insolvent insurer, and any other |
|
party with a bona fide interest. |
|
(c) Section 8, Chapter 753, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsections (d) and |
|
(i), Section 14, Article 21.28-D, Insurance Code, is repealed. |
|
SECTION 9.020. (a) Article 21.79H, Insurance Code, is |
|
transferred to Chapter 542, Insurance Code, redesignated as |
|
Subchapter G of that chapter, and amended to read as follows: |
|
SUBCHAPTER G. INSURER'S RECOVERY FROM UNINSURED THIRD PARTY |
|
Sec. 542.301. APPLICABILITY OF SUBCHAPTER [Art.
21.79H.
|
|
RECOVERY OF CERTAIN COSTS FROM THIRD PARTY]. [(a)] This subchapter |
|
[article] applies to any insurer that delivers, issues for |
|
delivery, or renews a private passenger automobile insurance policy |
|
in this state, including a county mutual, a reciprocal or |
|
interinsurance exchange, or a Lloyd's plan. |
|
Sec. 542.302. RECOVERY IN SUIT OR OTHER ACTION. [(b)] An |
|
insurer that brings suit or takes other action described by Section |
|
542.202 [of this code] against a responsible third party relating |
|
to a loss that is covered under a private passenger automobile |
|
insurance policy issued by the insurer and for which the |
|
responsible third party is uninsured is entitled to recover, in |
|
addition to payments made by the insurer or insured, the costs of |
|
bringing the suit or taking the action, including reasonable |
|
attorney's fees and court costs. |
|
(b) For organizational purposes, the heading to Subchapter |
|
E, Chapter 542, Insurance Code, is amended to read as follows: |
|
SUBCHAPTER E. RECOVERY OF DEDUCTIBLE [COLLECTION] FROM THIRD |
|
PARTIES UNDER CERTAIN AUTOMOBILE INSURANCE POLICIES |
|
SECTION 9.021. (a) Section 544.303, Insurance Code, is |
|
amended to conform to Section 1, Chapter 149, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 544.303. PROHIBITION OF CERTAIN UNDERWRITING |
|
DECISIONS BASED ON PREVIOUS MOLD CLAIM OR DAMAGE. An insurer may |
|
not make an underwriting decision regarding a residential property |
|
insurance policy based on previous mold damage or a claim for mold |
|
damage if: |
|
(1) the applicant for insurance coverage has property |
|
eligible for coverage under a residential property policy; |
|
(2) the property has had mold damage; |
|
(3) mold remediation has been performed on the |
|
property; and |
|
(4) the property was: |
|
(A) remediated, as evidenced by a certificate of |
|
mold remediation issued to the property owner under Section |
|
1958.154, Occupations Code, that establishes with reasonable |
|
certainty that the underlying cause of the mold at the property has |
|
been remediated; or |
|
(B) inspected by an independent assessor or |
|
adjustor who determined, based on the inspection, that the property |
|
does not contain evidence of mold damage. |
|
(b) Section 1, Chapter 149, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 3, Article |
|
21.21-11, Insurance Code, is repealed. |
|
SECTION 9.022. (a) Section 544.352, Insurance Code, is |
|
amended to conform to Section 1, Chapter 528, Acts of the 79th |
|
Legislature, Regular Session, 2005, and further amended to read as |
|
follows: |
|
Sec. 544.352. DEFINITIONS. In this subchapter: |
|
(1) "Appliance" means a household device operated by |
|
gas or electric current, including hoses directly attached to the |
|
device. The term includes air conditioning units, heating units, |
|
refrigerators, dishwashers, icemakers, clothes washers, water |
|
heaters, and disposals. |
|
(2) "Insurer" means an insurance company, reciprocal |
|
or interinsurance exchange, mutual insurance company, capital |
|
stock company, county mutual insurance company, farm mutual |
|
insurance company, association, Lloyd's plan, or other entity |
|
writing residential property insurance in this state. The term |
|
includes an affiliate, as described by Section 823.003(a), if that |
|
affiliate is authorized to write and is writing residential |
|
property insurance in this state. The term does not include: |
|
(A) the Texas Windstorm Insurance Association |
|
created and operated under Chapter 2210 [Article 21.49]; or |
|
(B) the FAIR Plan created and operated under |
|
Chapter 2211 [Article 21.49A]. |
|
(3) [(2)] "Residential property insurance" means |
|
insurance against loss to residential real property at a fixed |
|
location or tangible personal property provided in a homeowners |
|
policy, which includes a tenant policy, a condominium owners |
|
policy, or a residential fire and allied lines policy. |
|
(4) [(3)] "Underwriting guideline" means a rule, |
|
standard, guideline, or practice, whether written, oral, or |
|
electronic, that is used by an insurer or an agent of an insurer to: |
|
(A) decide whether to accept or reject an |
|
application for a residential property insurance policy; or |
|
(B) determine how to classify the risks that are |
|
accepted for the purpose of determining a rate. |
|
(b) Section 1, Chapter 528, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Subdivision (4) to former |
|
Section 2, Article 5.35-4, Insurance Code, is repealed. |
|
SECTION 9.023. (a) Chapter 544, Insurance Code, is amended |
|
to codify Article 21.53X, Insurance Code, as added by Section 8, |
|
Chapter 97, Acts of the 79th Legislature, Regular Session, 2005, by |
|
adding Subchapter J and is further amended to read as follows: |
|
SUBCHAPTER J. PROHIBITED PRACTICES RELATING TO EXPOSURE TO |
|
ASBESTOS OR SILICA |
|
Sec. 544.451. DEFINITION. In this subchapter, "health |
|
benefit plan" means a plan that provides benefits for medical, |
|
surgical, or other treatment expenses incurred as a result of a |
|
health condition, a mental health condition, an accident, sickness, |
|
or substance abuse, including an individual, group, blanket, or |
|
franchise insurance policy or insurance agreement, a group hospital |
|
service contract, or an individual or group evidence of coverage or |
|
similar coverage document. The term includes: |
|
(1) a small employer health benefit plan or a health |
|
benefit plan written to provide coverage with a cooperative under |
|
Chapter 1501; |
|
(2) a standard health benefit plan offered under |
|
Subchapter A or Subchapter B, Chapter 1507; and |
|
(3) a health benefit plan offered under Chapter 1551, |
|
1575, 1579, or 1601. |
|
Sec. 544.452. APPLICABILITY OF SUBCHAPTER. This subchapter |
|
applies to any entity that offers a health benefit plan or an |
|
annuity or life insurance policy or contract in this state, |
|
including: |
|
(1) a stock or mutual life, health, or accident |
|
insurance company; |
|
(2) a group hospital service corporation operating |
|
under Chapter 842; |
|
(3) a fraternal benefit society operating under |
|
Chapter 885; |
|
(4) a stipulated premium insurance company operating |
|
under Chapter 884; |
|
(5) a Lloyd's plan operating under Chapter 941; |
|
(6) an exchange operating under Chapter 942; |
|
(7) a health maintenance organization operating under |
|
Chapter 843; |
|
(8) a multiple employer welfare arrangement that holds |
|
a certificate of authority under Chapter 846; |
|
(9) an approved nonprofit health corporation that |
|
holds a certificate of authority under Chapter 844; |
|
(10) a statewide mutual assessment company operating |
|
under Chapter 881; |
|
(11) a local mutual aid association operating under |
|
Chapter 886; and |
|
(12) a local mutual burial association operating under |
|
Chapter 888. |
|
Sec. 544.453. PROHIBITION. An entity that offers a health |
|
benefit plan or an annuity or life insurance policy or contract may |
|
not use the fact that a person has been exposed to asbestos fibers |
|
or silica or has filed a claim governed by Chapter 90, Civil |
|
Practice and Remedies Code, to reject, deny, limit, cancel, refuse |
|
to renew, increase the premiums for, or otherwise adversely affect |
|
the person's eligibility for or coverage under the policy or |
|
contract. |
|
(b) Article 21.53X, Insurance Code, as added by Section 8, |
|
Chapter 97, Acts of the 79th Legislature, Regular Session, 2005, is |
|
repealed. |
|
SECTION 9.024. Section 551.004, Insurance Code, is amended |
|
to correct references to read as follows: |
|
Sec. 551.004. TRANSFER NOT CONSIDERED A REFUSAL TO RENEW. |
|
For purposes of this chapter and Subchapters C and D, Chapter 1952 |
|
[Articles 5.06-1 and 5.06-3 of this code], the transfer of a |
|
policyholder between admitted companies within the same insurance |
|
group is not considered a refusal to renew. |
|
SECTION 9.0245. (a) Subchapter A, Chapter 551, Insurance |
|
Code, is amended to conform to the enactment of Article 21.49-2V, |
|
Insurance Code, by Section 8.02, Chapter 206, Acts of the 78th |
|
Legislature, Regular Session, 2003, by adding Section 551.005 to |
|
read as follows: |
|
Sec. 551.005. MEMBERSHIP DUES. (a) In this section, |
|
"insurer" includes a county mutual insurance company, a Lloyd's |
|
plan, and a reciprocal or interinsurance exchange. |
|
(b) Except as otherwise provided by law, an insurer may |
|
require that membership dues in its sponsoring organization be paid |
|
as a condition for issuance or renewal of a policy. |
|
(b) Article 21.49-2V, Insurance Code, as added by Section |
|
8.02, Chapter 206, Acts of the 78th Legislature, Regular Session, |
|
2003, is repealed. |
|
SECTION 9.025. Section 843.318(a), Insurance Code, is |
|
amended to conform more closely to the source law from which the |
|
section was derived to read as follows: |
|
(a) This chapter and this code do not prohibit a physician |
|
or provider who is participating in a health maintenance |
|
organization delivery network, whether by contracting with a health |
|
maintenance organization under Section 843.101 or by |
|
subcontracting with a physician or provider in the health |
|
maintenance organization delivery network, from entering into a |
|
contractual arrangement [authorized by this section] within a |
|
health maintenance organization delivery network described by |
|
Subsections (b)-(e). |
|
SECTION 9.026. Section 941.003(b), Insurance Code, as |
|
amended by Chapters 631 and 1295, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and is amended to correct |
|
references to read as follows: |
|
(b) A Lloyd's plan is subject to: |
|
(1) Subchapter [Section 5, Article 1.10;
|
|
[(2) Article 1.15A;
|
|
[(3) Subchapters] A, [Q, T, and U,] Chapter 5, Chapter |
|
254, Subchapters A and B, Chapter 1806, and Subtitle C, Title 10; |
|
(2) [(4)] Articles [5.20,] 5.35, [5.38,] 5.39, and |
|
5.40; |
|
(3) [(5) Article 21.49-8;
|
|
[(6) Sections 822.203, 822.205, 822.210, and 822.212;
|
|
[(7)] Article 5.13-2, as provided by that article, |
|
Subchapters A-D, Chapter 2251, as provided by that chapter, and |
|
Chapter 2301, as provided by that chapter; |
|
(4) [(8)] Chapters 251, 252, 402, [and] 541, and 2253; |
|
(5) Subchapter A, Chapter 401; |
|
(6) Subchapter B, Chapter 404; |
|
(7) Subchapter C, Chapter 1806; and |
|
(8) Sections [(9) Section] 38.001, 501.159, 822.203, |
|
822.205, 822.210, 822.212, 2002.005, 2002.051, and 2002.052. |
|
SECTION 9.027. Section 942.003(b), Insurance Code, as |
|
amended by Chapters 631 and 1295, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and is amended to correct |
|
references to read as follows: |
|
(b) An exchange is subject to: |
|
(1) Subchapter [Section 5, Article 1.10;
|
|
[(2) Articles 1.15, 1.15A, and 1.16;
|
|
[(3) Subchapters] A, [Q, T, and U,] Chapter 5, Chapter |
|
254, Subchapters A and B, Chapter 1806, and Subtitle C, Title 10; |
|
(2) [(4)] Articles [5.20,] 5.35, [5.37, 5.38,] 5.39, |
|
and 5.40; |
|
(3) [(5) Article 21.49-8;
|
|
[(6)
Sections 822.203, 822.205, 822.210, 822.212,
|
|
861.254(a)-(f), 861.255, 862.001(b), and 862.003;
|
|
[(7)] Article 5.13-2, as provided by that article, |
|
Subchapters A-D, Chapter 2251, as provided by that chapter, and |
|
Chapter 2301, as provided by that chapter; |
|
(4) Chapters 402, [(8) Chapter] 541, and 2253; |
|
(5) Subchapter A, Chapter 401, and Sections 401.051, |
|
401.052, 401.054, 401.055, 401.056, 401.057, 401.058, 401.059, |
|
401.060, 401.061, 401.062, 401.151, 401.152, 401.155, and 401.156; |
|
(6) Subchapter B, Chapter 404; |
|
(7) Subchapter C, Chapter 1806; and |
|
(8) Sections [(9) Section] 38.001, 501.159, 822.203, |
|
822.205, 822.210, 822.212, 861.254(a)-(f), 861.255, 862.001(b), |
|
862.003, 2002.002, 2002.005, 2002.051, and 2002.052. |
|
SECTION 9.0271. (a) Section 1301.004, Insurance Code, to |
|
conform more closely to the source law from which it was derived, is |
|
transferred to Section 1301.061, Insurance Code, redesignated as |
|
Subsection (c) of that section, and amended to read as follows: |
|
(c) [Sec.
1301.004. COMPLIANCE WITH CHAPTER
|
|
REQUIRED.] Each preferred provider benefit plan offered in this |
|
state must comply with this chapter. |
|
(b) Subchapter A, Chapter 1301, Insurance Code, is amended |
|
to conform more closely to the source law from which Chapter 1301 |
|
was derived by adding Section 1301.0041 to read as follows: |
|
Sec. 1301.0041. APPLICABILITY. This chapter applies to any |
|
preferred provider benefit plan in which an insurer provides, |
|
through the insurer's health insurance policy, for the payment of a |
|
level of coverage that is different from the basic level of coverage |
|
provided by the health insurance policy if the insured uses a |
|
preferred provider. |
|
SECTION 9.028. Section 1365.004, Insurance Code, is amended |
|
to conform more closely to the source law from which the section was |
|
derived to read as follows: |
|
Sec. 1365.004. RIGHT TO REJECT COVERAGE OR SELECT |
|
ALTERNATIVE BENEFITS [COVERAGE]. An offer of coverage required |
|
under Section 1365.003 is subject to the right of the group contract |
|
holder to reject the coverage or to select an alternative level of |
|
benefits [coverage] that is offered by or negotiated with the group |
|
health benefit plan issuer. |
|
SECTION 9.0281. Section 1367.053(c), Insurance Code, is |
|
amended to conform more closely to the source law from which the |
|
section was derived to read as follows: |
|
(c) In addition to the immunizations required under |
|
Subsection (a), a health maintenance organization that issues a |
|
health benefit plan shall provide under the plan coverage for |
|
immunization against rotovirus and any other immunization required |
|
for a child by law. |
|
SECTION 9.029. (a) Section 1507.003(b), Insurance Code, is |
|
amended to conform to Section 2, Chapter 577, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) For purposes of this subchapter, "state-mandated health |
|
benefits" does not include benefits that are mandated by federal |
|
law or standard provisions or rights required under this code or |
|
other laws of this state to be provided in an individual, blanket, |
|
or group policy for accident and health insurance that are |
|
unrelated to a specific health illness, injury, or condition of an |
|
insured, including provisions related to: |
|
(1) continuation of coverage under: |
|
(A) Subchapters F and G, Chapter 1251; |
|
(B) Section 1201.059; and |
|
(C) Subchapter B, Chapter 1253; |
|
(2) termination of coverage under Sections 1202.051 |
|
and 1501.108; |
|
(3) preexisting conditions under Subchapter D, |
|
Chapter 1201, and Sections 1501.102-1501.105; |
|
(4) coverage of children, including newborn or adopted |
|
children, under: |
|
(A) Subchapter D, Chapter 1251; |
|
(B) Sections 1201.053, 1201.061, |
|
1201.063-1201.065, and Subchapter A, Chapter 1367; |
|
(C) Chapter 1504; |
|
(D) Chapter 1503; |
|
(E) Section 1501.157; |
|
(F) Section 1501.158; and |
|
(G) Sections 1501.607-1501.609; |
|
(5) services of practitioners under: |
|
(A) Subchapters A, B, and C, Chapter 1451; or |
|
(B) Section 1301.052; |
|
(6) supplies and services associated with the |
|
treatment of diabetes under Subchapter B, Chapter 1358; |
|
(7) coverage for serious mental illness under |
|
Subchapter A, Chapter 1355[, if the standard health benefit plan is
|
|
issued to a large employer as defined by Section 1501.002]; |
|
(8) coverage for childhood immunizations and hearing |
|
screening as required by Subchapters B and C, Chapter 1367, other |
|
than Section 1367.053(c) and Chapter 1353; |
|
(9) coverage for reconstructive surgery for certain |
|
craniofacial abnormalities of children as required by Subchapter D, |
|
Chapter 1367; |
|
(10) coverage for the dietary treatment of |
|
phenylketonuria as required by Chapter 1359; |
|
(11) coverage for referral to a non-network physician |
|
or provider when medically necessary covered services are not |
|
available through network physicians or providers, as required by |
|
Section 1271.055; and |
|
(12) coverage for cancer screenings under: |
|
(A) Chapter 1356; |
|
(B) Chapter 1362; [and] |
|
(C) Chapter 1363; and |
|
(D) Chapter 1370. |
|
(b) Section 2, Chapter 577, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (b), Section |
|
3, Article 3.80, Insurance Code, is repealed. |
|
SECTION 9.030. (a) Section 1507.053(b), Insurance Code, is |
|
amended to conform to Section 3, Chapter 577, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) For purposes of this subchapter, "state-mandated health |
|
benefits" does not include coverage that is mandated by federal law |
|
or standard provisions or rights required under this code or other |
|
laws of this state to be provided in an evidence of coverage that |
|
are unrelated to a specific health illness, injury, or condition of |
|
an enrollee, including provisions related to: |
|
(1) continuation of coverage under Subchapter G, |
|
Chapter 1251; |
|
(2) termination of coverage under Sections 1202.051 |
|
and 1501.108; |
|
(3) preexisting conditions under Subchapter D, |
|
Chapter 1201, and Sections 1501.102-1501.105; |
|
(4) coverage of children, including newborn or adopted |
|
children, under: |
|
(A) Chapter 1504; |
|
(B) Chapter 1503; |
|
(C) Section 1501.157; |
|
(D) Section 1501.158; and |
|
(E) Sections 1501.607-1501.609; |
|
(5) services of providers under Section 843.304; |
|
(6) coverage for serious mental health illness under |
|
Subchapter A, Chapter 1355[, if the standard health benefit plan is
|
|
issued to a large employer as defined by Section 1501.002]; and |
|
(7) coverage for cancer screenings under: |
|
(A) Chapter 1356; |
|
(B) Chapter 1362; [and] |
|
(C) Chapter 1363; and |
|
(D) Chapter 1370. |
|
(b) Section 3, Chapter 577, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (d), Article |
|
20A.09N, Insurance Code, is repealed. |
|
SECTION 9.031. Section 1801.002, Insurance Code, is |
|
repealed to conform to Section 5.01(4), Chapter 1227, Acts of the |
|
79th Legislature, Regular Session, 2005. |
|
SECTION 9.032. (a) Section 1806.101, Insurance Code, is |
|
amended to conform to Section 2, Chapter 631, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 1806.101. DEFINITIONS. In this subchapter: |
|
(1) "Insurance" includes a suretyship. |
|
(2) "Insurer" means an insurance company or other |
|
legal entity described by Sections 1806.102(a) and (b). |
|
(3) "Policy" includes a bond. |
|
(b) Sections 1806.104(a) and (b), Insurance Code, are |
|
amended to conform to Section 2, Chapter 631, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) Except as otherwise provided by this subchapter, an |
|
insurer, an insurer's employee, or a broker or agent may not |
|
knowingly: |
|
(1) issue an insurance policy that is not in |
|
accordance with an applicable filing [that is filed and in effect
|
|
under Chapter 2251 or 2301 or Article 5.13-2]; or |
|
(2) charge, demand, or receive a premium on an |
|
insurance policy that is not in accordance with an applicable |
|
filing [that is filed and in effect under Chapter 2251 or 2301 or
|
|
Article 5.13-2]. |
|
(b) Except as provided in an applicable filing [that is
|
|
filed and in effect under Chapter 2251 or 2301 or Article 5.13-2], |
|
an insurer, an insurer's employee, or a broker or agent may not |
|
directly or indirectly pay, allow, or give, or offer to pay, allow, |
|
or give, as an inducement to insurance, or after insurance has been |
|
written, a rebate, discount, abatement, credit or reduction of the |
|
premium stated in an insurance policy, or a special favor or |
|
advantage in the dividends or other benefits to accrue on the |
|
policy, or any valuable consideration or inducement, not specified |
|
in the policy. |
|
(c) Section 2, Chapter 631, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsections (a) and |
|
(d), Article 5.20, Insurance Code, is repealed. |
|
SECTION 9.033. Section 1806.102, Insurance Code, is amended |
|
to conform to Section 1, Chapter 631, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 1806.102. APPLICABILITY OF SUBCHAPTER. (a) This |
|
[Except as provided by Subsections (b) and (c), this] subchapter |
|
applies to an insurer, including a corporation, reciprocal or |
|
interinsurance exchange, mutual insurance company, association, |
|
Lloyd's plan, or other organization, writing casualty insurance or |
|
writing fidelity, surety, or guaranty bonds, on risks or operations |
|
in this state. |
|
(b) This subchapter applies [does not apply] to: |
|
(1) a farm mutual insurance company with respect to |
|
each line of insurance that a farm mutual insurance company is |
|
authorized to write under Section 911.151 [or association regulated
|
|
under Chapter 911]; and [or] |
|
(2) a county mutual insurance company with respect to |
|
each line of insurance that a county mutual insurance company is |
|
authorized to write under Section 912.151 [regulated under Chapter
|
|
912]. |
|
(c) Except as otherwise provided by this subchapter, this |
|
[This] subchapter does not apply to the writing of: |
|
(1) automobile insurance; |
|
(2) life, health, or accident insurance; |
|
(3) professional liability insurance; |
|
(4) reinsurance; |
|
(5) aircraft insurance; |
|
(6) fraternal benefit insurance; |
|
(7) fire insurance; |
|
(8) workers' compensation insurance; |
|
(9) marine insurance, including noncommercial inland |
|
marine insurance and ocean marine insurance; |
|
(10) title insurance; |
|
(11) explosion insurance, except insurance against |
|
loss from personal injury or property damage resulting accidentally |
|
from: |
|
(A) a steam boiler; |
|
(B) a heater or pressure vessel; |
|
(C) an electrical device; |
|
(D) an engine; or |
|
(E) all machinery and appliances used in |
|
connection with or in the operation of a boiler, heater, vessel, |
|
electrical device, or engine described by Paragraphs (A)-(D); or |
|
(12) insurance coverage for any of the following |
|
conditions or risks: |
|
(A) weather or climatic conditions, including |
|
lightning, tornado, windstorm, hail, cyclone, rain, or frost and |
|
freeze; |
|
(B) earthquake or volcanic eruption; |
|
(C) smoke or smudge; |
|
(D) excess or deficiency of moisture; |
|
(E) flood; |
|
(F) the rising water of an ocean or an ocean's |
|
tributary; |
|
(G) bombardment, invasion, insurrection, riot, |
|
civil war or commotion, military or usurped power, or any order of a |
|
civil authority made to prevent the spread of a conflagration, |
|
epidemic or catastrophe; |
|
(H) vandalism or malicious mischief; |
|
(I) strike or lockout; |
|
(J) water or other fluid or substance resulting |
|
from: |
|
(i) the breakage or leakage of a sprinkler, |
|
pump, or other apparatus erected for extinguishing fire, or a water |
|
pipe or other conduit or container; or |
|
(ii) casual water entering a building |
|
through a leak or opening in the building or by seepage through |
|
building walls; or |
|
(K) accidental damage to a sprinkler, pump, fire |
|
apparatus, pipe, or other conduit or container described by |
|
Paragraph (J)(i). |
|
SECTION 9.034. (a) Section 1901.054(b), Insurance Code, is |
|
amended to conform to Section 1, Chapter 1135, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) A rate is not excessive unless[:
|
|
[(1)] the rate is unreasonably high for the insurance |
|
coverage provided[; and
|
|
[(2)
a reasonable degree of competition does not exist
|
|
in the area with respect to the classification to which the rate
|
|
applies]. |
|
(b) Section 1901.057, Insurance Code, is amended to conform |
|
to Section 1, Chapter 1135, Acts of the 79th Legislature, Regular |
|
Session, 2005, to read as follows: |
|
Sec. 1901.057. CONSIDERATIONS IN APPROVING RATES. In |
|
approving rates under this chapter, the department [commissioner] |
|
shall consider the impact of risk management courses taken by |
|
physicians and health care providers in this state. |
|
(c) Section 1, Chapter 1135, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 3, Article |
|
5.15-1, Insurance Code, is repealed. |
|
SECTION 9.035. (a) Subchapter B, Chapter 1901, Insurance |
|
Code, is amended by adding Section 1901.0541 to conform to Section |
|
2, Chapter 1135, Acts of the 79th Legislature, Regular Session, |
|
2005, to read as follows: |
|
Sec. 1901.0541. USE IN UNDERWRITING OF CERTAIN INFORMATION |
|
RELATED TO LAWSUITS; REFUND. (a) Notwithstanding any other |
|
provision of this code, an insurer may not consider for the purpose |
|
of setting premiums or reducing a claims-free discount for a |
|
particular insured physician's professional liability insurance a |
|
lawsuit filed against the physician if: |
|
(1) before trial, the lawsuit was dismissed by the |
|
claimant or nonsuited; and |
|
(2) no payment was made to the claimant under a |
|
settlement agreement. |
|
(b) An insurer that, in setting premiums or reducing a |
|
claims-free discount for a physician's professional liability |
|
insurance, considers a lawsuit filed against the physician shall |
|
refund to the physician any increase in premiums paid by the |
|
physician that is attributable to that lawsuit or reinstate the |
|
claims-free discount if the lawsuit is dismissed by the claimant or |
|
nonsuited without payment to the claimant under a settlement |
|
agreement. The insurer shall issue the refund or reinstate the |
|
discount on or before the 30th day after the date the insurer |
|
receives written evidence that the lawsuit was dismissed or |
|
nonsuited without payment to the claimant under a settlement |
|
agreement. |
|
(c) This section does not prohibit an insurer from |
|
considering and using aggregate historical loss and expense |
|
experience applicable generally to a classification of physicians' |
|
professional liability insurance to set rates for that |
|
classification to the extent authorized by Chapter 2251 and Article |
|
5.13-2. Notwithstanding Section 2251.052(c), an insurer may not |
|
assign a physician to a particular classification based on a factor |
|
described by Subsection (a). |
|
(b) Subchapter F, Chapter 1901, Insurance Code, is amended |
|
by adding Section 1901.254 to conform to Section 2, Chapter 1135, |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
Sec. 1901.254. PROHIBITION OF USE OF CERTAIN INFORMATION |
|
FOR PHYSICIAN OR HEALTH CARE PROVIDER. (a) For the purpose of |
|
writing professional liability insurance for physicians and health |
|
care providers, an insurer may not consider whether, or the extent |
|
to which, a physician or health care provider provides services in |
|
this state to individuals who are recipients of Medicaid or covered |
|
by the state child health plan program established by Chapter 62, |
|
Health and Safety Code, including any consideration resulting in: |
|
(1) denial of coverage; |
|
(2) refusal to renew coverage; |
|
(3) cancellation of coverage; |
|
(4) limitation of the amount, extent, or kind of |
|
coverage available; or |
|
(5) a determination of the rate or premium to be paid. |
|
(b) The commissioner may adopt rules as necessary to |
|
implement this section. |
|
(c) Section 2, Chapter 1135, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Sections 12 and 13 to former |
|
Article 5.15-1, Insurance Code, is repealed. |
|
SECTION 9.036. (a) Subchapter F, Chapter 1901, Insurance |
|
Code, is amended by adding Section 1901.255 to conform to Section 1, |
|
Chapter 184, Acts of the 79th Legislature, Regular Session, 2005, |
|
to read as follows: |
|
Sec. 1901.255. COVERAGE FOR VOLUNTEER HEALTH CARE |
|
PROVIDERS. (a) In this section: |
|
(1) "Charitable organization" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(2) "Volunteer health care provider" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(b) An insurer may make available professional liability |
|
insurance covering a volunteer health care provider for an act or |
|
omission resulting in death, damage, or injury to a patient while |
|
the person is acting in the course and scope of the person's duties |
|
as a volunteer health care provider as described by Chapter 84, |
|
Civil Practice and Remedies Code. |
|
(c) This section does not affect the liability of a |
|
volunteer health care provider who is serving as a direct service |
|
volunteer of a charitable organization. Section 84.004(c), Civil |
|
Practice and Remedies Code, applies to the volunteer health care |
|
provider without regard to whether the volunteer health care |
|
provider obtains liability insurance under this section. |
|
(d) An insurer may make professional liability insurance |
|
available under this section to a volunteer health care provider |
|
without regard to whether the volunteer health care provider is a |
|
"health care provider" as defined by Section 1901.001. |
|
(b) Section 1, Chapter 184, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Section 12 to former Article |
|
5.15-1, Insurance Code, is repealed. |
|
SECTION 9.037. (a) Section 1952.101(c), Insurance Code, is |
|
amended to conform to Section 3, Chapter 1159, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(c) The coverage required by this subchapter does not apply |
|
if any insured named in the insurance policy rejects the coverage in |
|
writing. Unless the named insured requests in writing the coverage |
|
required by this subchapter, the insurer is not required to provide |
|
that coverage in or supplemental to a reinstated insurance policy |
|
or renewal insurance policy if the named insured rejected the |
|
coverage in connection with that insurance policy or an insurance |
|
policy previously issued to the insured by the same insurer or by an |
|
affiliated insurer. |
|
(b) Section 3, Chapter 1159, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section (1), Article |
|
5.06-1, Insurance Code, is repealed. |
|
SECTION 9.038. (a) Section 1952.152(b), Insurance Code, is |
|
amended to conform to Section 4, Chapter 1159, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) The coverage required by this subchapter does not apply |
|
if any insured named in the insurance policy rejects the coverage in |
|
writing. Unless the named insured requests in writing the coverage |
|
required by this subchapter, the insurer is not required to provide |
|
that coverage in or supplemental to a reinstated insurance policy |
|
or renewal insurance policy if the named insured rejected the |
|
coverage in connection with that insurance policy or an insurance |
|
policy previously issued to the insured by the same insurer or by an |
|
affiliated insurer. |
|
(b) Section 4, Chapter 1159, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (a), Article |
|
5.06-3, Insurance Code, is repealed. |
|
SECTION 9.039. (a) Section 1952.155, Insurance Code, is |
|
amended by amending Subsection (b) and adding Subsection (c) to |
|
conform to Section 2, Chapter 1074, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
(b) Except as provided by Subsection (c), an [An] insurer |
|
paying benefits under coverage required by this subchapter does not |
|
have a right of subrogation or claim against any other person or |
|
insurer to recover any benefits by reason of the alleged fault of |
|
the other person in causing or contributing to the accident. |
|
(c) An insurer paying benefits pursuant to this subchapter, |
|
including a county mutual insurance company, shall have a right of |
|
subrogation and a claim against a person causing or contributing to |
|
the accident if, on the date of loss, financial responsibility as |
|
required by Chapter 601, Transportation Code, has not been |
|
established for a motor vehicle involved in the accident and |
|
operated by that person. |
|
(b) Section 2, Chapter 1074, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Article 5.06-3, |
|
Insurance Code, by amending Subsection (c) and adding Subsection |
|
(i), is repealed. |
|
SECTION 9.040. (a) Section 2006.052, Insurance Code, is |
|
amended to conform to Sections 4 and 6, Chapter 291, Acts of the |
|
79th Legislature, Regular Session, 2005, by amending Subsection (b) |
|
and adding Subsection (c) to read as follows: |
|
(b) This section applies to an insurer that uses a tier |
|
classification or discount program that has a premium consequence |
|
based in whole or in part on claims experience, regardless of |
|
whether any of the policies that continuously covered the |
|
policyholder was a different kind of residential property insurance |
|
policy from the policy eligible for the premium discount. |
|
(c) A residential property insurance claim under this |
|
section does not include a claim: |
|
(1) resulting from a loss caused by natural causes; |
|
(2) that is filed but is not paid or payable under the |
|
policy; or |
|
(3) that an insurer is prohibited from using under |
|
Section 544.353. |
|
(b) Subchapter B, Chapter 2006, Insurance Code, is amended |
|
to conform to Section 4, Chapter 291, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 2006.0521 to read as |
|
follows: |
|
Sec. 2006.0521. COMPLIANCE WITH OTHER LAW REQUIRED. Any |
|
change in the amount of a premium discount provided under this |
|
subchapter must comply with the requirements of Section 551.107. |
|
(c) Sections 4 and 6, Chapter 291, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former Article |
|
5.43, Insurance Code, by amending Subsection (d) and adding |
|
Subsections (a-1) and (f), are repealed. |
|
SECTION 9.041. (a) Section 2051.151(a), Insurance Code, is |
|
amended to conform to Section 6.062, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) Except as otherwise provided by Subsection (b), an |
|
insurance company that writes workers' compensation insurance in |
|
this state shall notify a policyholder of a claim that is filed |
|
against the policyholder's policy and, after the initial notice, |
|
the company shall notify the policyholder of: |
|
(1) any proposal to settle the claim; or |
|
(2) on receipt of a written request from the |
|
policyholder, any administrative or judicial proceeding relating |
|
to the resolution of the claim[, including a benefit review
|
|
conference conducted by the Texas Workers' Compensation
|
|
Commission]. |
|
(b) Section 6.062, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former Section |
|
(a), Article 5.65A, Insurance Code, is repealed. |
|
SECTION 9.042. (a) Section 2053.001, Insurance Code, is |
|
amended to conform to Section 5.01, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, by amending Subdivision (2) and |
|
adding Subdivision (2-a) to read as follows: |
|
(2) "Insurance company" means a person authorized to |
|
engage in the business of workers' compensation insurance in this |
|
state. The term includes: |
|
(A) the Texas Mutual Insurance Company; |
|
(B) a Lloyd's plan under Chapter 941; and |
|
(C) a reciprocal and interinsurance exchange |
|
under Chapter 942. |
|
(2-a) "Premium" means the amount charged for a |
|
workers' compensation insurance policy, including any |
|
endorsements, after the application of individual risk variations |
|
based on loss or expense considerations. |
|
(b) Section 5.01, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 1, Article |
|
5.55, Insurance Code, by amending Subdivision (2) and adding |
|
Subdivision (2-a), is repealed. |
|
SECTION 9.043. (a) Sections 2053.002(a) and (b), Insurance |
|
Code, are amended to conform to Section 5.02, Chapter 265, Acts of |
|
the 79th Legislature, Regular Session, 2005, to read as follows: |
|
(a) In setting rates, an insurance company shall consider: |
|
(1) past and prospective loss cost experience; |
|
(2) operation expenses; |
|
(3) investment income; |
|
(4) a reasonable margin for profit and contingencies; |
|
[and] |
|
(5) the effect on premiums of individual risk |
|
variations based on loss or expense considerations; and |
|
(6) any other relevant factor. |
|
(b) A rate or premium established under this subchapter may |
|
not be excessive, inadequate, or unfairly discriminatory. |
|
(b) Section 5.02, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsections (b) and |
|
(d), Section 2, Article 5.55, Insurance Code, is repealed. |
|
SECTION 9.044. Section 2053.007(c), Insurance Code, is |
|
repealed to conform to Section 5.04, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
SECTION 9.045. (a) Section 2053.010, Insurance Code, is |
|
amended to conform to Section 5.05, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 2053.010. PENALTIES [ADMINISTRATIVE PENALTY]. If a |
|
workers' compensation insurance policy is issued and the |
|
commissioner subsequently disapproves the rate or filing on which |
|
the premium is based, the commissioner, after notice and the |
|
opportunity for a hearing, may: |
|
(1) impose sanctions under Chapter 82; |
|
(2) issue a cease and desist order under Chapter 83; |
|
(3) impose administrative penalties under Chapter 84; |
|
or |
|
(4) take any combination of these actions. [(a)
The
|
|
commissioner may assess an administrative penalty against an
|
|
insurance company if the commissioner determines, based on a
|
|
pattern of charges for premiums, that the company is consistently
|
|
overcharging or undercharging the company's policyholders for
|
|
workers'
compensation insurance.
|
|
[(b) An administrative penalty under this section must be:
|
|
[(1)
assessed in accordance with Section 415.021,
|
|
Labor Code; and
|
|
[(2)
set by the commissioner in an amount reasonable
|
|
and necessary to deter overcharging or undercharging of
|
|
policyholders.] |
|
(b) Section 5.05, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 7, Article |
|
5.55, Insurance Code, is repealed. |
|
SECTION 9.046. (a) Subchapter A, Chapter 2053, Insurance |
|
Code, is amended to conform to Section 5.055, Chapter 265, Acts of |
|
the 79th Legislature, Regular Session, 2005, by adding Section |
|
2053.011 to read as follows: |
|
Sec. 2053.011. EXCLUSIVE JURISDICTION. The department has |
|
exclusive jurisdiction over all rates and premiums subject to this |
|
subchapter. |
|
(b) Section 5.055, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which added Section 8 to former |
|
Article 5.55, Insurance Code, is repealed. |
|
SECTION 9.047. (a) Subchapter A, Chapter 2053, Insurance |
|
Code, is amended to conform to Section 5.03, Chapter 265, Acts of |
|
the 79th Legislature, Regular Session, 2005, by adding Sections |
|
2053.012 and 2053.013 to read as follows: |
|
Sec. 2053.012. REPORT ON LEGISLATIVE REFORMS REQUIRED. (a) |
|
Not later than December 1 of each even-numbered year, the |
|
commissioner shall report to the governor, lieutenant governor, and |
|
speaker of the house of representatives regarding the impact that |
|
legislation enacted during the regular session of the 79th |
|
Legislature reforming the workers' compensation system of this |
|
state has had on the affordability and availability of workers' |
|
compensation insurance for the employers of this state. The report |
|
must include an analysis of: |
|
(1) the projected workers' compensation premium |
|
savings realized by employers as a result of the reforms; |
|
(2) the impact of the reforms on: |
|
(A) the percentage of employers who provide |
|
workers' compensation insurance coverage for their employees; and |
|
(B) to the extent possible, economic development |
|
and job creation; |
|
(3) the effects of the reforms on market competition |
|
and carrier financial solvency, including an analysis of how |
|
carrier loss ratios, combined ratios, and use of individual risk |
|
variations have changed since implementation of the reforms; and |
|
(4) the extent of participation in workers' |
|
compensation health care networks by small and medium-sized |
|
employers. |
|
(b) If the commissioner determines that workers' |
|
compensation rate filings or premium levels analyzed by the |
|
department do not appropriately reflect the savings associated with |
|
the reforms described by Subsection (a), the commissioner shall |
|
include in the report required under Subsection (a) any |
|
recommendations, including any recommended legislative changes, |
|
necessary to identify the tools needed by the department to more |
|
effectively regulate workers' compensation rates. |
|
(c) At the request of the department, each insurance company |
|
shall submit to the department all data and other information |
|
considered necessary by the commissioner to generate the report |
|
required under Subsection (a). Failure by an insurance company to |
|
submit the data and information in a timely fashion, as determined |
|
by commissioner rule, constitutes grounds for sanctions under |
|
Chapter 82. |
|
Sec. 2053.013. REVIEW OF RATES; CONSIDERATION OF OTHER LAW. |
|
In reviewing rates under this subchapter, the commissioner shall |
|
consider any state or federal legislation that has been enacted and |
|
that may impact rates and premiums for workers' compensation |
|
insurance coverage in this state. |
|
(b) Section 5.03, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Subsections (e) through (h) to |
|
former Section 3, Article 5.55, Insurance Code, is repealed. |
|
SECTION 9.048. (a) Chapter 2053, Insurance Code, is |
|
amended to conform to Section 5.06, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, by adding Subchapter A-1 to |
|
read as follows: |
|
SUBCHAPTER A-1. UNDERWRITING GUIDELINES |
|
Sec. 2053.031. DEFINITIONS. In this subchapter: |
|
(1) "Insurance company" has the meaning assigned by |
|
Section 2053.001. |
|
(2) "Underwriting guideline" means a rule, standard, |
|
guideline, or practice, whether written, oral, or electronic, that |
|
is used by an insurance company or its agent to decide whether to |
|
accept or reject an application for coverage under a workers' |
|
compensation insurance policy or to determine how to classify those |
|
risks that are accepted for the purpose of determining a rate. |
|
Sec. 2053.032. UNDERWRITING GUIDELINES. Each underwriting |
|
guideline used by an insurance company in writing workers' |
|
compensation insurance must be sound, actuarially justified, or |
|
otherwise substantially commensurate with the contemplated risk. |
|
An underwriting guideline may not be unfairly discriminatory. |
|
Sec. 2053.033. ENFORCEMENT. This subchapter may be |
|
enforced in the manner provided by Section 38.003(g). |
|
Sec. 2053.034. FILING REQUIREMENTS. Each insurance company |
|
shall file with the department a copy of the insurance company's |
|
underwriting guidelines. The insurance company shall update its |
|
filing each time the underwriting guidelines are changed. If a |
|
group of insurance companies files one set of underwriting |
|
guidelines for the group, the group shall identify which |
|
underwriting guidelines apply to each insurance company in the |
|
group. |
|
Sec. 2053.035. APPLICABILITY OF SECTION 38.003. Section |
|
38.003 applies to this subchapter to the extent consistent with |
|
this subchapter. |
|
(b) Section 5.06, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Article 5.55A to former |
|
Subchapter D, Chapter 5, Insurance Code, is repealed. |
|
SECTION 9.049. (a) Subchapter B, Chapter 2053, Insurance |
|
Code, is amended to conform to Section 5.08, Chapter 265, Acts of |
|
the 79th Legislature, Regular Session, 2005, by adding Section |
|
2053.056 to read as follows: |
|
Sec. 2053.056. RATE HEARINGS. (a) The commissioner shall |
|
conduct a public hearing each biennium, beginning not later than |
|
December 1, 2008, to review rates to be charged for workers' |
|
compensation insurance written in this state. A public hearing |
|
under this section is not a contested case as defined by Section |
|
2001.003, Government Code. |
|
(b) Not later than the 30th day before the date of the public |
|
hearing required under Subsection (a), each insurance company |
|
subject to this subtitle and Article 5.66 shall file the insurance |
|
company's rates, supporting information, and supplementary rating |
|
information with the commissioner. |
|
(c) The commissioner shall review the information submitted |
|
under Subsection (b) to determine the positive or negative impact |
|
of the enactment of workers' compensation reform legislation |
|
enacted by the 79th Legislature, Regular Session, 2005, on workers' |
|
compensation rates and premiums. The commissioner may consider |
|
other factors, including relativities under Section 2053.051, in |
|
determining whether a change in rates has impacted the premium |
|
charged to policyholders. |
|
(d) The commissioner shall implement rules as necessary to |
|
mandate rate reductions or to modify the use of individual risk |
|
variations if the commissioner determines that the rates or |
|
premiums charged by insurance companies do not meet the rating |
|
standards as defined in this code. |
|
(e) The commissioner shall adopt rules as necessary to |
|
mandate rate or premium reductions by insurance companies for the |
|
use of cost-containment strategies that result in savings to the |
|
workers' compensation system, including use of a workers' |
|
compensation health care network health care delivery system, as |
|
described by Chapter 1305. |
|
(b) Section 5.08, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Article 5.60A, |
|
Insurance Code, is repealed. |
|
SECTION 9.050. (a) Section 2053.151(b), Insurance Code, is |
|
amended to conform to Section 5.07, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) For purposes of Subsection (a), the commissioner shall |
|
establish standards and procedures for categorizing insurance and |
|
medical benefits required to be reported on each workers' |
|
compensation claim. In establishing the standards, the |
|
commissioner shall consult with the commissioner of workers' |
|
compensation [Texas Workers' Compensation Commission] to ensure |
|
that the data collection methodology will yield data necessary for |
|
research and medical cost containment efforts. |
|
(b) Section 5.07, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (b), Article |
|
5.58, Insurance Code, is repealed. |
|
SECTION 9.051. (a) Section 2054.008(d), Insurance Code, is |
|
amended to conform to Section 6.065, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(d) Except as provided by Subsection (e), a company |
|
investigation file: |
|
(1) is confidential and not subject to required |
|
disclosure under Chapter 552, Government Code; and |
|
(2) may be disclosed only: |
|
(A) in a criminal proceeding; |
|
(B) in a hearing conducted by the division of |
|
workers' compensation of the department [commission]; |
|
(C) on a judicial determination of good cause; or |
|
(D) to a governmental agency, political |
|
subdivision, or regulatory body if the disclosure is necessary or |
|
proper for the enforcement of a law of this state, another state, or |
|
the United States. |
|
(b) Section 6.065, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (a), Section 10, Article 5.76-3, Insurance Code, is |
|
repealed. |
|
SECTION 9.052. (a) Section 2054.204(a), Insurance Code, is |
|
amended to conform to Section 6.066, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) The company shall file annual statements with the |
|
department [and commission] in the same manner as is required of |
|
other workers' compensation insurance companies. |
|
(b) Section 6.066, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (e), Section 12, Article 5.76-3, Insurance Code, is |
|
repealed. |
|
SECTION 9.053. (a) Section 2054.206, Insurance Code, is |
|
amended to conform to Section 6.067, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 2054.206. ADDITIONAL REPORTS. The company shall file |
|
with the department [and the commission] all reports required of |
|
other workers' compensation insurance companies. |
|
(b) Section 6.067, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (b), Section 16, Article 5.76-3, Insurance Code, is |
|
repealed. |
|
SECTION 9.0531. Section 2054.253(b), Insurance Code, is |
|
amended to conform more closely to the source law from which the |
|
section was derived to read as follows: |
|
(b) The systems may provide for a higher or lower premium |
|
payment by an insured based on[:
|
|
[1] the company's evaluation of the underwriting |
|
characteristics of the individual risk[;] and |
|
[2] the appropriate premium to be charged for the |
|
policy coverages. |
|
SECTION 9.054. (a) Section 2054.451(b), Insurance Code, is |
|
amended to conform to Section 6.064, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) The company shall cooperate with the division of |
|
workers' compensation of the department [commission] to compile and |
|
maintain information necessary to detect practices or patterns of |
|
conduct that violate this code relating to workers' compensation |
|
insurance or that violate Subtitle A, Title 5, Labor Code. |
|
(b) Section 2054.452, Insurance Code, is amended to conform |
|
to Section 6.064, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.452. INVESTIGATIONS; COORDINATION [WITH
|
|
COMMISSION]. (a) The company may investigate cases of suspected |
|
fraud and violations of this code relating to workers' compensation |
|
insurance. |
|
(b) The company may: |
|
(1) coordinate the company's investigations with those |
|
conducted by the division of workers' compensation of the |
|
department [commission] to avoid duplication of efforts; and |
|
(2) refer to the division of workers' compensation of |
|
the department [commission] a case that is not otherwise resolved |
|
by the company so that the division [commission] may: |
|
(A) perform any further investigation necessary |
|
under the circumstances; |
|
(B) conduct administrative violation |
|
proceedings; and |
|
(C) assess and collect penalties and |
|
restitution. |
|
(c) Section 2054.454, Insurance Code, is amended to conform |
|
to Section 6.064, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.454. DEPOSIT AND USE OF PENALTIES COLLECTED BY |
|
DIVISION [COMMISSION]. A penalty collected under Section |
|
2054.452(b): |
|
(1) must be deposited in the Texas Department of |
|
Insurance operating account [general revenue fund to the credit of
|
|
the commission]; and |
|
(2) may be appropriated only to the division of |
|
workers' compensation of the department [commission] to offset the |
|
costs of the program under Section 2054.451. |
|
(d) Section 6.064, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsections (a), (b), and (e), Section 9, Article 5.76-3, Insurance |
|
Code, is repealed. |
|
SECTION 9.055. (a) Section 2054.501, Insurance Code, is |
|
amended to conform to Section 6.063, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 2054.501. DEFINITION. In this subchapter, "division" |
|
means the [commission's] division of workers' compensation of the |
|
department [health and safety]. |
|
(b) Section 2054.502, Insurance Code, is amended to conform |
|
to Section 6.063, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.502. REQUIREMENTS FOR PREVENTION OF INJURIES. |
|
The company may make and enforce requirements for the prevention of |
|
injuries to an employee of a policyholder or applicant for |
|
insurance under this chapter. On reasonable notice, a policyholder |
|
or applicant shall grant representatives of the company[, the
|
|
commission,] or the department free access to the premises of the |
|
policyholder or applicant during regular working hours for purposes |
|
of this section. |
|
(c) Section 2054.506, Insurance Code, is amended to conform |
|
to Section 6.063, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.506. SAFETY CONSULTANT REPORT. A safety |
|
consultant acting under this subchapter shall file a written report |
|
with the division [commission] and the policyholder specifying any |
|
hazardous condition or practice identified in the safety |
|
consultation. |
|
(d) Section 2054.509, Insurance Code, is amended to conform |
|
to Section 6.063, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.509. FOLLOW-UP INSPECTION. (a) Not earlier than |
|
the 90th day after or later than the sixth month after the date an |
|
accident prevention plan is developed under Section 2054.507, the |
|
division shall conduct a follow-up inspection of the policyholder's |
|
premises in accordance with rules adopted by the commissioner of |
|
workers' compensation [commission]. |
|
(b) The division [commission] may require the participation |
|
of the safety consultant who performed the initial consultation and |
|
developed the accident prevention plan. |
|
(c) If the commissioner of workers' compensation [division] |
|
determines that a policyholder has complied with the terms of the |
|
accident prevention plan or has implemented other accepted |
|
corrective measures, the commissioner of workers' compensation |
|
[division] shall certify that determination. |
|
(d) If the commissioner of workers' compensation [division] |
|
determines that a policyholder has failed or refuses to implement |
|
the accident prevention plan or other suitable hazard abatement |
|
measures, the policyholder may elect to cancel coverage not later |
|
than the 30th day after the date of the determination. |
|
(e) Sections 2054.510(a), (c), and (d), Insurance Code, are |
|
amended to conform to Section 6.063, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) If a policyholder described by Section 2054.509(d) does |
|
not elect to cancel coverage as provided by that section: |
|
(1) the company may cancel the coverage; or |
|
(2) the commissioner of workers' compensation |
|
[commission] may impose an administrative penalty on the |
|
policyholder. |
|
(c) In imposing an administrative penalty, the commissioner |
|
of workers' compensation [commission] may consider any matter that |
|
justice may require and shall consider: |
|
(1) the seriousness of the violation, including the |
|
nature, circumstances, consequences, extent, and gravity of the |
|
prohibited act; |
|
(2) the history and extent of previous administrative |
|
violations; |
|
(3) the demonstrated good faith of the violator, |
|
including actions taken to rectify the consequences of the |
|
prohibited act; |
|
(4) any economic benefit resulting from the prohibited |
|
act; and |
|
(5) the penalty necessary to deter future violations. |
|
(d) A penalty collected under this section [must be]: |
|
(1) must be deposited in the general revenue fund [to
|
|
the credit of the commission]; and [or] |
|
(2) may be appropriated [reappropriated] to the |
|
division [commission] to offset the costs of implementing and |
|
administering this subchapter. |
|
(f) Section 2054.512, Insurance Code, is amended to conform |
|
to Section 6.063, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.512. FEES FOR SERVICES. The division |
|
[commission] shall: |
|
(1) charge a policyholder for the reasonable cost of |
|
services provided to the policyholder under Sections 2054.505, |
|
2054.506, 2054.507, 2054.509, and 2054.510(a); and |
|
(2) set the fees for the services at a |
|
cost-reimbursement level, including a reasonable allocation of the |
|
division's [commission's] administrative costs. |
|
(g) Section 2054.513, Insurance Code, is amended to conform |
|
to Section 6.063, Chapter 265, Acts of the 79th Legislature, |
|
Regular Session, 2005, to read as follows: |
|
Sec. 2054.513. ENFORCEMENT OF SUBCHAPTER. The [compliance
|
|
and practices] division [of the commission] shall enforce |
|
compliance with this subchapter through the administrative |
|
violation proceedings under Chapter 415, Labor Code. |
|
(h) Section 6.063, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsections (a), (e), (g), (h), (i), (k), and (l), Section 8, |
|
Article 5.76-3, Insurance Code, is repealed. |
|
SECTION 9.056. Section 2054.001(2), Insurance Code, is |
|
repealed to conform to Section 7.01, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
SECTION 9.057. Section 6.068, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsections (a) and (c), Section 10, Article 5.76-5, Insurance |
|
Code, is repealed. |
|
SECTION 9.058. Section 2151.154, Insurance Code, is amended |
|
to conform more closely to the source law from which the section was |
|
derived to read as follows: |
|
Sec. 2151.154. ASSIGNMENT DISTRIBUTION PLAN. (a) The |
|
plan of operation must include a voluntary, competitive limited |
|
assignment distribution plan that allows an authorized insurer to |
|
contract directly with a servicing carrier [insurer] to accept |
|
assignments to the servicing carrier [insurer] by the association. |
|
(b) A servicing carrier [insurer] must be authorized to |
|
write automobile insurance in this state and must: |
|
(1) have written automobile liability insurance in |
|
this state for at least five years; or |
|
(2) be currently engaged as a servicing carrier |
|
[insurer] for assigned risk automobile business in at least one |
|
other state. |
|
(c) After notice and hearing, the commissioner may prohibit |
|
an insurer from acting as a servicing carrier [insurer]. |
|
(d) An authorized insurer and a servicing carrier [insurer] |
|
shall determine through negotiation the terms of a contract |
|
described by this section, including the buy-out fee. |
|
(e) The governing committee may: |
|
(1) adopt reasonable rules for the conduct of business |
|
under a contract described by this section; and |
|
(2) establish reasonable standards of eligibility for |
|
servicing carriers [insurers]. |
|
SECTION 9.059. (a) Section 2154.005(a), Insurance Code, is |
|
amended to conform to Section 1, Chapter 217, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(a) The fund is an account in a depository selected by the |
|
board of regents of The Texas A&M University System in the manner |
|
provided by Section 51.003, Education Code, for funds subject to |
|
the control of institutions of higher education under Section |
|
51.002, Education Code [the general revenue fund]. |
|
(b) Section 1, Chapter 217, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsections (a) and |
|
(c), Section 5, Article 21.61, Insurance Code, is repealed. |
|
SECTION 9.0591. (a) The following changes are made to |
|
Subtitle A, Title 5, Labor Code, and Subtitle E, Title 10, Insurance |
|
Code, for organizational purposes: |
|
(1) Chapter 406A, Labor Code, is redesignated as |
|
Chapter 2055, Subtitle E, Title 10, Insurance Code; and |
|
(2) Sections 406A.001, 406A.002, 406A.003, 406A.004, |
|
406A.005, 406A.006, 406A.007, and 406A.008 in the redesignated |
|
chapter are redesignated as Sections 2055.001, 2055.002, 2055.003, |
|
2055.004, 2055.005, 2055.006, 2055.007, and 2055.008, Insurance |
|
Code, respectively. |
|
(b) Section 406A.001, Labor Code, redesignated as Section |
|
2055.001, Insurance Code, by Subsection (a)(2) of this section, is |
|
amended to conform to that redesignation to read as follows: |
|
Sec. 2055.001 [406A.001]. DEFINITION [DEFINITIONS]. In |
|
this chapter, "business[:
|
|
[(1) "Business] entity" means a business enterprise |
|
owned by a single person or a corporation, organization, business |
|
trust, trust, partnership, joint venture, association, or other |
|
business entity. |
|
[(2) "Commissioner" means the commissioner of
|
|
insurance.
|
|
[(3)
"Department" means the Texas Department of
|
|
Insurance.] |
|
(c) Section 406A.008, Labor Code, redesignated as Section |
|
2055.008, Insurance Code, by Subsection (a)(2) of this section, is |
|
amended to conform to that redesignation to read as follows: |
|
Sec. 2055.008 [406A.008]. APPLICABILITY OF OTHER LAW. (a) |
|
A group established under this chapter is entitled to any deviation |
|
applicable under Section 2052.004, 2053.051, or 2053.052(a) or |
|
(b)[, Insurance Code]. |
|
(b) A member of a group is not subject to the discounts and |
|
surcharges established under Subchapter F, Chapter 2053[,
|
|
Insurance Code]. |
|
(d) Section 36.002, Insurance Code, is amended to conform to |
|
the redesignation of Chapter 406A, Labor Code, as Chapter 2055, |
|
Insurance Code, by Subsection (a)(1) of this section to read as |
|
follows: |
|
Sec. 36.002. ADDITIONAL RULEMAKING AUTHORITY. The |
|
commissioner may adopt reasonable rules that are: |
|
(1) necessary to effect the purposes of a provision |
|
of: |
|
(A) Subchapter B, Chapter 5; |
|
(B) Subchapter C, Chapter 1806; |
|
(C) Subchapter A, Chapter 2301; |
|
(D) Chapter 251, as that chapter relates to |
|
casualty insurance and fidelity, guaranty, and surety bond |
|
insurance; |
|
(E) Chapter 253; |
|
(F) Chapter 2251 or 2252; or |
|
(G) Subtitle B, Title 10; or |
|
(2) appropriate to accomplish the purposes of a |
|
provision of: |
|
(A) Section 37.051(a), 403.002, 492.051(b) or |
|
(c), 501.159, 941.003(b)(3) or (c), or 942.003(b)(3) or (c); |
|
(B) Subchapter H, Chapter 544; |
|
(C) Chapter 251, as that chapter relates to: |
|
(i) automobile insurance; |
|
(ii) casualty insurance and fidelity, |
|
guaranty, and surety bond insurance; |
|
(iii) fire insurance and allied lines; |
|
(iv) workers' compensation insurance; or |
|
(v) aircraft insurance; |
|
(D) Chapter 5, 252, 253, 254, 255, 256, 426, 493, |
|
494, 1804, 1805, 1806, or 2171; |
|
(E) Subtitle B, C, D, E, F, H, or I, Title 10; |
|
(F) Section 417.008, Government Code; or |
|
(G) [Chapter 406A, Labor Code; or
|
|
[(H)] Chapter 2154, Occupations Code. |
|
(e) Section 1805.001, Insurance Code, is amended to conform |
|
to the redesignation of Chapter 406A, Labor Code, as Chapter 2055, |
|
Insurance Code, by Subsection (a)(1) of this section to read as |
|
follows: |
|
Sec. 1805.001. APPLICABILITY OF CHAPTER. This chapter |
|
applies to the kinds of insurance and insurers subject to: |
|
(1) Section 403.002; |
|
(2) Section 941.003 with respect to the application of |
|
a law described by Section 941.003(b)(3) or (c); |
|
(3) Section 942.003 with respect to the application of |
|
a law described by Section 942.003(b)(3) or (c); |
|
(4) Subchapter A, B, C, or D, Chapter 5; |
|
(5) Subchapter H, Chapter 544; |
|
(6) Subchapter A, Chapter 2301; |
|
(7) Chapter 252, 253, 254, 255, 426, 1806, 1807, 2001, |
|
2002, 2003, 2004, 2005, 2006, 2051, 2052, 2053, 2055, 2171, 2251, or |
|
2252; |
|
(8) Subtitle B or C, Title 10; or |
|
(9) [Chapter 406A, Labor Code; or
|
|
[(10)] Chapter 2154, Occupations Code. |
|
(f) Section 2051.002, Insurance Code, is amended to conform |
|
to the redesignation of Chapter 406A, Labor Code, as Chapter 2055, |
|
Insurance Code, by Subsection (a)(1) of this section to read as |
|
follows: |
|
Sec. 2051.002. CONSTRUCTION OF CERTAIN LAWS. The following |
|
shall be construed and applied independently of any other law that |
|
relates to insurance rates and forms or prescribes the duties of the |
|
commissioner or the department: |
|
(1) this chapter; |
|
(2) Subchapter D, Chapter 5; |
|
(3) Chapter 251, as that chapter relates to workers' |
|
compensation insurance; and |
|
(4) Chapters 255, 426, 2052, [and] 2053, and 2055[;
|
|
and
|
|
[(5) Chapter 406A, Labor Code]. |
|
SECTION 9.060. (a) Subchapter C, Chapter 2203, Insurance |
|
Code, is amended to conform to Section 1, Chapter 246, Acts of the |
|
79th Legislature, Regular Session, 2005, and Section 2, Chapter |
|
1136, Acts of the 79th Legislature, Regular Session, 2005, by |
|
adding Section 2203.1021 to read as follows: |
|
Sec. 2203.1021. VOLUNTEER HEALTH CARE PROVIDERS. (a) In |
|
this section: |
|
(1) "Charitable organization" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(2) "Volunteer health care provider" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(b) The association shall make available medical liability |
|
insurance or appropriate health care liability insurance covering a |
|
volunteer health care provider for the legal liability of the |
|
person against any loss, damage, or expense incident to a claim |
|
arising out of the death or injury of any person as the result of |
|
negligence in rendering or the failure to render professional |
|
service while acting in the course and scope of the person's duties |
|
as a volunteer health care provider as described by Chapter 84, |
|
Civil Practice and Remedies Code. |
|
(c) A volunteer health care provider who is serving as a |
|
direct service volunteer of a charitable organization is eligible |
|
to obtain from the association the liability insurance made |
|
available under this section. A volunteer health care provider who |
|
obtains coverage under this section is subject to Section 2203.302 |
|
and the other provisions of this chapter in the same manner as |
|
physicians who are eligible to obtain medical liability insurance |
|
from the association. |
|
(d) This section does not affect the liability of a |
|
volunteer health care provider who is serving as a direct service |
|
volunteer of a charitable organization. Section 84.004(c), Civil |
|
Practice and Remedies Code, applies to the volunteer health care |
|
provider without regard to whether the volunteer health care |
|
provider obtains liability insurance under this section. |
|
(b) Section 1, Chapter 246, Acts of the 79th Legislature, |
|
Regular Session, 2005, and Section 2, Chapter 1136, Acts of the 79th |
|
Legislature, Regular Session, 2005, which added Section 3C to |
|
former Article 21.49-3, Insurance Code, are repealed. |
|
SECTION 9.061. (a) Sections 2210.004(a) and (g), Insurance |
|
Code, are amended to conform to Section 1, Chapter 1153, Acts of the |
|
79th Legislature, Regular Session, 2005, to read as follows: |
|
(a) For purposes of this chapter and subject to this |
|
section, "insurable property" means immovable property at a fixed |
|
location in a catastrophe area or corporeal movable property |
|
located in that immovable property, as designated in the plan of |
|
operation, that is determined by the association according to the |
|
criteria specified in the plan of operation to be in an insurable |
|
condition against windstorm and hail or fire and explosion, as |
|
appropriate, as determined by normal underwriting standards. The |
|
term includes property described by Section 2210.209. |
|
(g) For purposes of this chapter, a residential structure is |
|
insurable property if: |
|
(1) the residential structure is not: |
|
(A) a condominium, apartment, duplex, or other |
|
multifamily residence; or |
|
(B) a hotel or resort facility; |
|
(2) the residential structure is located within an |
|
area designated as a unit under the Coastal Barrier Resources Act |
|
(Pub. L. No. 97-348); and |
|
(3) a building permit or plat for the residential |
|
structure was filed with the municipality, the county, or the |
|
United States Army Corps of Engineers before June 11, 2003 [January
|
|
1, 2004]. |
|
(b) Section 1, Chapter 1153, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (f), Section |
|
3, Article 21.49, Insurance Code, is repealed. |
|
SECTION 9.062. (a) Subchapter E, Chapter 2210, Insurance |
|
Code, is amended to conform to Section 2, Chapter 1153, Acts of the |
|
79th Legislature, Regular Session, 2005, by adding Section 2210.209 |
|
to read as follows: |
|
Sec. 2210.209. WINDSTORM AND HAIL INSURANCE: COVERAGE FOR |
|
CERTAIN PROPERTY LOCATED OVER WATER. (a) A windstorm and hail |
|
insurance policy issued by the association may include coverage |
|
for: |
|
(1) a building or other structure located in the |
|
seacoast territory that is built wholly or partially over water; |
|
and |
|
(2) the corporeal movable property contained in a |
|
building or structure described by Subdivision (1). |
|
(b) The association may impose appropriate limits of |
|
coverage and deductibles for coverage described by Subsection (a). |
|
(c) The board of directors of the association shall submit |
|
any proposed changes to the plan of operation necessary to |
|
implement Subsections (a) and (b) to the commissioner in the manner |
|
provided by Section 2210.153. |
|
(d) The commissioner shall adopt rules as necessary to |
|
implement this section, including any rules necessary to implement |
|
changes in the plan of operation proposed under Subsection (c). |
|
(b) Section 2, Chapter 1153, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Section 3A to former Article |
|
21.49, Insurance Code, is repealed. |
|
SECTION 9.063. (a) Section 2210.006(b), Insurance Code, is |
|
amended to conform to Section 1, Chapter 1251, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) This chapter does not apply to: |
|
(1) a farm mutual insurance company operating under |
|
Chapter 911; |
|
(2) a nonaffiliated county mutual fire insurance |
|
company described by Section 912.310 that is writing exclusively |
|
industrial fire insurance policies as described by Section |
|
912.310(a)(2); or |
|
(3) a mutual insurance company or a statewide mutual |
|
assessment company engaged in business under Chapter 12 or 13, |
|
Title 78, Revised Statutes, respectively, before those chapters' |
|
repeal by Section 18, Chapter 40, Acts of the 41st Legislature, 1st |
|
Called Session, 1929, as amended by Section 1, Chapter 60, General |
|
Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, that |
|
retains the rights and privileges under the repealed law to the |
|
extent provided by those sections. |
|
(b) Section 1, Chapter 1251, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Subsection (k), Section |
|
3, Article 21.49, Insurance Code, is repealed. |
|
SECTION 9.0631. Section 2210.359(a), Insurance Code, is |
|
amended to conform more closely to the source law from which it was |
|
derived to read as follows: |
|
(a) Except as otherwise provided by this subsection, a [A] |
|
rate approved by the commissioner under this subchapter may not |
|
reflect an average rate change that is more than 10 percent higher |
|
or lower than the rate for commercial windstorm and hail insurance |
|
or 10 percent higher or lower than the rate for noncommercial |
|
windstorm and hail insurance in effect on the date the filing is |
|
made. The rate may not reflect a rate change for an individual |
|
rating class that is 15 percent higher or lower than the rate for |
|
that individual rating class in effect on the date the filing is |
|
made. This subsection does not apply to a rate filed under Sections |
|
2210.351(a)-(d). |
|
SECTION 9.064. Subchapter I, Chapter 2210, Insurance Code, |
|
is repealed to conform to Section 1, Chapter 222, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
SECTION 9.065. (a) Section 2211.051, Insurance Code, is |
|
amended to conform to Section 1, Chapter 1082, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 2211.051. ESTABLISHMENT OF FAIR PLAN. The |
|
commissioner may establish a Fair Access to Insurance Requirements |
|
Plan to deliver residential property insurance to residents of this |
|
state in underserved areas if the commissioner determines, after a |
|
public hearing, that: |
|
(1) in all or any part of the state, residential |
|
property insurance is not reasonably available in the voluntary |
|
market to a substantial number of insurable risks; or [and] |
|
(2) at least 25 percent of the applicants to the |
|
residential property market assistance program who are qualified |
|
under that program's plan of operation have not been placed with an |
|
insurer in the preceding six months. |
|
(b) Section 2211.052, Insurance Code, is amended to conform |
|
to Section 2, Chapter 1082, Acts of the 79th Legislature, Regular |
|
Session, 2005, by amending Subsections (b) and (d) and adding |
|
Subsection (e) to read as follows: |
|
(b) The governing committee is composed of 11 members |
|
appointed by the commissioner as follows: |
|
(1) five members who represent the interests of |
|
insurers; |
|
(2) four public members who reside in this state; and |
|
(3) two members who are general property and casualty |
|
agents. |
|
(d) Each member of the governing committee who represents |
|
the interests of insurers must be a full-time employee of an insurer |
|
that is a member of the association. |
|
(e) The commissioner may remove a member of the governing |
|
committee without cause and may replace the member in accordance |
|
with Subsection (b). |
|
(c) Subchapter B, Chapter 2211, Insurance Code, is amended |
|
to conform to Section 2, Chapter 1082, Acts of the 79th Legislature, |
|
Regular Session, 2005, by adding Section 2211.0521 to read as |
|
follows: |
|
Sec. 2211.0521. MEETINGS OF GOVERNING BODY. (a) |
|
Notwithstanding Chapter 551, Government Code, or any other law, |
|
members of the governing committee may meet by telephone conference |
|
call, video conference, or other similar telecommunication method. |
|
The governing committee may use telephone conference call, video |
|
conference, or other similar telecommunication method for purposes |
|
of establishing a quorum or voting or for any other meeting purpose |
|
in accordance with this subsection and Subsection (b). This |
|
subsection applies without regard to the subject matter discussed |
|
or considered by the members of the governing committee at the |
|
meeting. |
|
(b) A meeting held by telephone conference call, video |
|
conference, or other similar telecommunication method: |
|
(1) is subject to the notice requirements applicable |
|
to other meetings of the governing committee; |
|
(2) may not be held unless notice of the meeting |
|
specifies the location of the meeting at which at least one member |
|
of the governing committee is physically present; |
|
(3) must be audible to the public at the location |
|
specified in the notice under Subdivision (2); and |
|
(4) must provide two-way audio communication between |
|
all members of the governing committee attending the meeting during |
|
the entire meeting, and if the two-way audio communication link |
|
with members attending the meeting is disrupted so that a quorum of |
|
the governing committee is no longer participating in the meeting, |
|
the meeting may not continue until the two-way audio communication |
|
link is reestablished. |
|
(d) Sections 2211.101(b) and (c), Insurance Code, are |
|
amended to conform to Sections 1, 2, and 3, Chapter 1082, Acts of |
|
the 79th Legislature, Regular Session, 2005, to read as follows: |
|
(b) Except as provided by this subsection, each [Each] |
|
insurer, as a condition of the insurer's authority to engage in the |
|
business of residential property insurance in this state, shall |
|
participate in the association in accordance with this chapter, |
|
including participating in the association's assessments |
|
[writings, expenses, and losses] in the proportion that the |
|
insurer's net direct premiums written in this state during the |
|
preceding calendar year bear to the aggregate net direct premiums |
|
written in this state by all participating insurers. The Texas |
|
Windstorm Insurance Association established by Chapter 2210 may not |
|
participate in the association for any purpose. |
|
(c) An insurer's participation under Subsection (b) in the |
|
association's assessments [writings, expenses, and losses] must be |
|
determined in accordance with the residential property statistical |
|
plan adopted by the commissioner. |
|
(e) The following are repealed: |
|
(1) Section 1, Chapter 1082, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsections (a) and (b), Section 1, Article 21.49A, Insurance Code; |
|
(2) Section 2, Chapter 1082, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former Section 3, |
|
Article 21.49A, Insurance Code, by amending Subsections (b), (d), |
|
and (e) and adding Subsections (f) and (g); and |
|
(3) Section 3, Chapter 1082, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (d), Section 5, Article 21.49A, Insurance Code. |
|
SECTION 9.066. (a) Section 2211.104, Insurance Code, is |
|
amended to conform to Section 4, Chapter 1082, Acts of the 79th |
|
Legislature, Regular Session, 2005, by amending Subsections (b), |
|
(c), and (d) and adding Subsection (e) to read as follows: |
|
(b) As reimbursement for assessments paid under this |
|
section or service fees paid under Section 2211.209, each [If the
|
|
association assesses participating insurers under this section,
|
|
each] insurer may charge a premium surcharge on every property |
|
insurance policy insuring property in this state that the insurer |
|
issues, the effective date of which is within the three-year period |
|
beginning on the 90th day after the date of the assessment or the |
|
90th day after the date the service fee under Section 2211.209 is |
|
paid, as applicable. |
|
(c) The insurer shall compute the amount of the surcharge |
|
under Subsection (b) as a uniform percentage of the premium on each |
|
policy described by Subsection (b). The percentage must be equal to |
|
one-third of the ratio of the amount of the participating insurer's |
|
assessment or service fee payment to the amount of the insurer's |
|
direct earned premiums, as reported to the department in the |
|
insurer's financial statement for the calendar year preceding the |
|
year in which the assessment or service fee payment is made so that, |
|
over the three-year period, the aggregate of all surcharges by the |
|
insurer under this section is at least equal to [equals] the amount |
|
of the assessment or service fee payment. |
|
(d) The amount of any assessment paid and surcharged under |
|
this section may be carried by the insurer as an admitted asset of |
|
the insurer for all purposes, including exhibition in annual |
|
statements under Section 862.001, until collected [The minimum
|
|
surcharge on a policy may be $1.
A surcharge may be rounded to the
|
|
nearest dollar]. |
|
(e) The commissioner shall adopt rules and procedures as |
|
necessary to implement this section. |
|
(b) Section 4, Chapter 1082, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Section 11, Article |
|
21.49A, Insurance Code, is repealed. |
|
SECTION 9.067. (a) Subchapter B, Chapter 2211, Insurance |
|
Code, is amended to conform to Section 5, Chapter 1082, Acts of the |
|
79th Legislature, Regular Session, 2005, by adding Section 2211.059 |
|
to read as follows: |
|
Sec. 2211.059. ASSETS OF ASSOCIATION. On dissolution of the |
|
association, all assets of the association shall be deposited in |
|
the general revenue fund. |
|
(b) Section 5, Chapter 1082, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Section 16 to former Article |
|
21.49A, Insurance Code, is repealed. |
|
SECTION 9.068. (a) Subchapter D, Chapter 2211, Insurance |
|
Code, is amended to conform to Section 3, Chapter 1153, Acts of the |
|
79th Legislature, Regular Session, 2005, by adding Section 2211.157 |
|
to read as follows: |
|
Sec. 2211.157. COVERAGE FOR CERTAIN WINDSTORM AND HAIL |
|
DAMAGE; COVERAGE FOR CERTAIN PROPERTY LOCATED OVER WATER. (a) A |
|
policy issued by the association may include coverage against loss |
|
or damage by windstorm or hail for: |
|
(1) a building or other structure that is built wholly |
|
or partially over water; and |
|
(2) the corporeal movable property contained in a |
|
building or structure described by Subdivision (1). |
|
(b) The association may impose appropriate limits of |
|
coverage and deductibles for coverage described by Subsection (a). |
|
(c) The governing committee of the association shall submit |
|
any proposed changes to the plan of operation necessary to |
|
implement Subsections (a) and (b) to the commissioner for the |
|
approval of the commissioner in the manner provided by Section |
|
2211.053. |
|
(d) The commissioner shall adopt rules as necessary to |
|
implement this section, including any rules necessary to implement |
|
changes in the plan of operation proposed under Subsections (a) and |
|
(b). |
|
(b) Section 3, Chapter 1153, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Section 5A to former Article |
|
21.49A, Insurance Code, is repealed. |
|
SECTION 9.069. (a) Section 2212.001, Insurance Code, is |
|
amended to conform to Section 2, Chapter 184, Acts of the 79th |
|
Legislature, Regular Session, 2005; Section 2, Chapter 246, Acts of |
|
the 79th Legislature, Regular Session, 2005; and Section 3, Chapter |
|
1136, Acts of the 79th Legislature, Regular Session, 2005, to read |
|
as follows: |
|
Sec. 2212.001. DEFINITIONS. In this chapter: |
|
(1) "Charitable organization" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(2) "Dentist" means a person licensed to practice |
|
dentistry in this state. |
|
(3) [(2)] "Health care liability claim" means a cause |
|
of action against a physician or dentist for treatment, lack of |
|
treatment, or other claimed departure from accepted standards of |
|
health care or safety that proximately results in injury to or death |
|
of the patient, whether the patient's claim or cause of action |
|
sounds in tort or contract. |
|
(4) [(3)] "Physician" means a person licensed to |
|
practice medicine in this state. |
|
(5) [(4)] "Trust" means a self-insurance trust |
|
organized and operated under this chapter. |
|
(6) "Volunteer health care provider" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(b) Section 2, Chapter 184, Acts of the 79th Legislature, |
|
Regular Session, 2005; Section 2, Chapter 246, Acts of the 79th |
|
Legislature, Regular Session, 2005; and Section 3, Chapter 1136, |
|
Acts of the 79th Legislature, Regular Session, 2005, all of which |
|
added Subdivisions (4) and (5) to former Subsection (a), Article |
|
21.49-4, Insurance Code, are repealed. |
|
SECTION 9.070. (a) Subchapter C, Chapter 2212, Insurance |
|
Code, is amended to conform to Section 3, Chapter 184, Acts of the |
|
79th Legislature, Regular Session, 2005; Section 3, Chapter 246, |
|
Acts of the 79th Legislature, Regular Session, 2005; and Section 4, |
|
Chapter 1136, Acts of the 79th Legislature, Regular Session, 2005, |
|
by adding Section 2212.102 to read as follows: |
|
Sec. 2212.102. COVERAGE FOR VOLUNTEER HEALTH CARE |
|
PROVIDERS. (a) The trust, in accordance with Section 2212.054, may |
|
make available professional liability insurance covering a |
|
volunteer health care provider for an act or omission resulting in |
|
death, damage, or injury to a patient while the person is acting in |
|
the course and scope of the person's duties as a volunteer health |
|
care provider as described by Chapter 84, Civil Practice and |
|
Remedies Code. |
|
(b) This section does not affect the liability of a |
|
volunteer health care provider who is serving as a direct service |
|
volunteer of a charitable organization. Section 84.004(c), Civil |
|
Practice and Remedies Code, applies to the volunteer health care |
|
provider without regard to whether the volunteer health care |
|
provider obtains liability insurance under this section. |
|
(c) The trust may make professional liability insurance |
|
available under this section to a volunteer health care provider |
|
without regard to whether the volunteer health care provider is a |
|
physician or dentist. |
|
(b) Section 3, Chapter 184, Acts of the 79th Legislature, |
|
Regular Session, 2005; Section 3, Chapter 246, Acts of the 79th |
|
Legislature, Regular Session, 2005; and Section 4, Chapter 1136, |
|
Acts of the 79th Legislature, Regular Session, 2005, all of which |
|
added Subsection (c-1) to former Article 21.49-4, Insurance Code, |
|
are repealed. |
|
SECTION 9.071. (a) Section 2251.003(b), Insurance Code, is |
|
amended to conform to Section 1, Chapter 70, Acts of the 79th |
|
Legislature, Regular Session, 2005; Section 1, Chapter 71, Acts of |
|
the 79th Legislature, Regular Session, 2005; and Section 4, Chapter |
|
102, Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
(b) This subchapter and Subchapters B, C, D, and E apply to |
|
all lines of the following kinds of insurance written under an |
|
insurance policy or contract issued by an insurer authorized to |
|
engage in the business of insurance in this state: |
|
(1) general liability insurance; |
|
(2) residential and commercial property insurance, |
|
including farm and ranch insurance and farm and ranch owners |
|
insurance; |
|
(3) personal and commercial casualty insurance, |
|
except as provided by Section 2251.004; |
|
(4) medical professional liability insurance; |
|
(5) fidelity, guaranty, and surety bonds other than |
|
criminal court appearance bonds; |
|
(6) personal umbrella insurance; |
|
(7) personal liability insurance; |
|
(8) guaranteed auto protection (GAP) insurance; |
|
(9) involuntary unemployment insurance; |
|
(10) financial guaranty insurance; |
|
(11) inland marine insurance; |
|
(12) rain insurance; |
|
(13) hail insurance on farm crops; [and] |
|
(14) personal and commercial automobile insurance; |
|
(15) multi-peril insurance; and |
|
(16) identity theft insurance issued under Chapter |
|
706. |
|
(b) Section 2301.003(b), Insurance Code, is amended to |
|
conform to Section 1, Chapter 70, Acts of the 79th Legislature, |
|
Regular Session, 2005; Section 1, Chapter 71, Acts of the 79th |
|
Legislature, Regular Session, 2005; and Section 4, Chapter 102, |
|
Acts of the 79th Legislature, Regular Session, 2005, to read as |
|
follows: |
|
(b) This subchapter applies to all lines of the following |
|
kinds of insurance written under an insurance policy or contract |
|
issued by an insurer authorized to engage in the business of |
|
insurance in this state: |
|
(1) general liability insurance; |
|
(2) residential and commercial property insurance, |
|
including farm and ranch insurance and farm and ranch owners |
|
insurance; |
|
(3) personal and commercial casualty insurance, |
|
except as provided by Section 2301.005; |
|
(4) medical professional liability insurance; |
|
(5) fidelity, guaranty, and surety bonds other than |
|
criminal court appearance bonds; |
|
(6) personal umbrella insurance; |
|
(7) personal liability insurance; |
|
(8) guaranteed auto protection (GAP) insurance; |
|
(9) involuntary unemployment insurance; |
|
(10) financial guaranty insurance; |
|
(11) inland marine insurance; |
|
(12) rain insurance; |
|
(13) hail insurance on farm crops; [and] |
|
(14) personal and commercial automobile insurance; |
|
(15) multi-peril insurance; and |
|
(16) identity theft insurance issued under Chapter |
|
706. |
|
(c) Section 1, Chapter 70, Acts of the 79th Legislature, |
|
Regular Session, 2005; Section 1, Chapter 71, Acts of the 79th |
|
Legislature, Regular Session, 2005; and Section 4, Chapter 102, |
|
Acts of the 79th Legislature, Regular Session, 2005, all of which |
|
amended former Subsection (a), Section 2, Article 5.13-2, Insurance |
|
Code, are repealed. |
|
SECTION 9.072. (a) Subchapter E, Chapter 2251, Insurance |
|
Code, is amended by adding Section 2251.205 to conform to Section 1, |
|
Chapter 1118, Acts of the 79th Legislature, Regular Session, 2005, |
|
to read as follows: |
|
Sec. 2251.205. APPLICATION OF FILING REQUIREMENTS TO OTHER |
|
INSURERS. An insurer is subject to the filing requirements |
|
determined by the commissioner by rule under Section 2251.204 if: |
|
(1) the insurer, along with the insurer's affiliated |
|
companies or group, issues personal automobile liability insurance |
|
policies only below 101 percent of the minimum limits required by |
|
Chapter 601, Transportation Code; and |
|
(2) the insurer, along with the insurer's affiliated |
|
companies or group, has a market share of less than 3.5 percent of |
|
the personal automobile insurance market in this state. |
|
(b) Section 1, Chapter 1118, Acts of the 79th Legislature, |
|
Regular Session, 2005, which added Subsection (h) to former Section |
|
13, Article 5.13-2, Insurance Code, is repealed. |
|
SECTION 9.073. (a) Section 2253.001, Insurance Code, is |
|
amended to conform to Section 2, Chapter 291, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
Sec. 2253.001. RATING TERRITORIES. (a) Notwithstanding |
|
any other provision of this code, an insurer, in writing |
|
residential property or personal automobile insurance, may use |
|
rating territories that subdivide a county only if: |
|
(1) the county is subdivided; and |
|
(2) the rate for any subdivision in the county is not |
|
greater than 15 percent higher than the rate used in any other |
|
subdivision in the county by that insurer. |
|
(b) The [For residential property insurance or personal
|
|
automobile insurance, the] commissioner by rule may allow a greater |
|
rate difference than the rate difference specified by Subsection |
|
(a). |
|
(b) Section 2, Chapter 291, Acts of the 79th Legislature, |
|
Regular Session, 2005, which amended former Article 5.171, |
|
Insurance Code, is repealed. |
|
SECTION 9.074. Section 4151.206(a), Insurance Code, is |
|
amended to conform more closely to the source law from which the |
|
section was derived to read as follows: |
|
(a) The commissioner shall collect and an applicant or |
|
administrator shall pay to the commissioner fees in an amount to be |
|
determined by the commissioner as follows: |
|
(1) a filing fee not to exceed $1,000 for processing an |
|
original application for a certificate of authority for an |
|
administrator; |
|
(2) a fee not to exceed $500 for an examination under |
|
Section 4151.201 [4201.201]; and |
|
(3) a filing fee not to exceed $200 for an annual |
|
report. |
|
SECTION 9.075. (a) Sections 4201.054(a) and (d), Insurance |
|
Code, are amended to conform to Section 6.072, Chapter 265, Acts of |
|
the 79th Legislature, Regular Session, 2005, to read as follows: |
|
(a) Except as provided by this section, this chapter applies |
|
to utilization review of a health care service provided to a person |
|
eligible for workers' compensation medical benefits under Title 5, |
|
Labor Code. The commissioner of workers' compensation shall |
|
regulate as provided by this chapter a person who performs |
|
utilization review of a medical benefit provided under Title 5 |
|
[Chapter 408], Labor Code. |
|
(d) The commissioner of workers' compensation [and the
|
|
Texas Workers' Compensation Commission] may adopt rules [and enter
|
|
into memoranda of understanding] as necessary to implement this |
|
section. |
|
(b) Section 4201.054(b), Insurance Code, is repealed to |
|
conform to Section 6.072, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005. |
|
(c) Section 6.072, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (c), Section 14, Article 21.58A, Insurance Code, is |
|
repealed. |
|
SECTION 9.076. (a) Section 4201.207(b), Insurance Code, is |
|
amended to conform to Section 6.071, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, to read as follows: |
|
(b) A health care provider's charges for providing medical |
|
information to a utilization review agent may not: |
|
(1) exceed the cost of copying records regarding a |
|
workers' compensation claim as set by rules adopted by the |
|
commissioner of workers' compensation [Texas Workers' Compensation
|
|
Commission]; or |
|
(2) include any costs otherwise recouped as part of |
|
the charges for health care. |
|
(b) Section 6.071, Chapter 265, Acts of the 79th |
|
Legislature, Regular Session, 2005, which amended former |
|
Subsection (l), Section 4, Article 21.58A, Insurance Code, is |
|
repealed. |
|
ARTICLE 10. CHANGES RELATING TO LABOR CODE |
|
SECTION 10.001. Section 204.022(a), Labor Code, as amended |
|
by Chapters 39, 493, and 728, Acts of the 79th Legislature, Regular |
|
Session, 2005, is reenacted and amended to read as follows: |
|
(a) Benefits computed on benefit wage credits of an employee |
|
or former employee may not be charged to the account of an employer |
|
if the employee's last separation from the employer's employment |
|
before the employee's benefit year: |
|
(1) was required by a federal statute; |
|
(2) was required by a statute of this state or an |
|
ordinance of a municipality of this state; |
|
(3) would have disqualified the employee under Section |
|
207.044, 207.045, 207.051, or 207.053 if the employment had been |
|
the employee's last work; |
|
(4) imposes a disqualification under Section 207.044, |
|
207.045, 207.051, or 207.053; |
|
(5) was caused by a medically verifiable illness of |
|
the employee or the employee's minor child; |
|
(6) was based on a natural disaster that results in a |
|
disaster declaration by the president of the United States under |
|
the Robert T. Stafford Disaster Relief and Emergency Assistance Act |
|
(42 U.S.C. Section 5121 et seq.), if the employee would have been |
|
entitled to unemployment assistance benefits under Section 410 of |
|
that act (42 U.S.C. Section 5177) had the employee not received |
|
state unemployment compensation benefits; |
|
(7) was caused by a natural disaster, fire, flood, or |
|
explosion that causes employees to be separated from one employer's |
|
employment; |
|
(8) was based on a disaster that results in a disaster |
|
declaration by the governor under Section 418.014, Government Code; |
|
(9) resulted from the employee's resigning from |
|
partial employment to accept other employment that the employee |
|
reasonably believed would increase the employee's weekly wage; |
|
(10) was caused by the employer being called to active |
|
military service in any branch of the United States armed forces on |
|
or after January 1, 2003; |
|
(11) resulted from the employee leaving the employee's |
|
workplace to protect the employee from family violence or stalking |
|
as evidenced by: |
|
(A) an active or recently issued protective order |
|
documenting family violence against, or the stalking of, the |
|
employee or the potential for family violence against, or the |
|
stalking of, the employee; |
|
(B) a police record documenting family violence |
|
against, or the stalking of, the employee; and |
|
(C) a physician's statement or other medical |
|
documentation of family violence against the employee; [or] |
|
(12) resulted from a move from the area of the |
|
employee's employment that: |
|
(A) was made with the employee's spouse who is a |
|
member of the armed forces of the United States; and |
|
(B) resulted from the spouse's permanent change |
|
of station of longer than 120 days or a tour of duty of longer than |
|
one year; or |
|
(13) [(12)] was caused by the employee being unable to |
|
perform the work as a result of a disability for which the employee |
|
is receiving disability insurance benefits under 42 U.S.C. Section |
|
423. |
|
SECTION 10.002. Section 204.022(c), Labor Code, is amended |
|
to correct a reference to read as follows: |
|
(c) Except as provided by law, evidence regarding an |
|
employee described by Subsection (a)(11) [(a)(9)] may not be |
|
disclosed to any person without the consent of the employee. |
|
SECTION 10.003. Section 402.081(d), Labor Code, as amended |
|
by Chapters 265, 329, and 716, Acts of the 79th Legislature, Regular |
|
Session, 2005, is reenacted and amended to read as follows: |
|
(d) The division [commission] may charge a reasonable fee |
|
for making available for inspection any of its information that |
|
contains confidential information that must be redacted before the |
|
information is made available. However, when a request for |
|
information is for the inspection of 10 or fewer pages, and a copy |
|
of the information is not requested, the division [commission] may |
|
charge only the cost of making a copy of the page from which |
|
confidential information must be redacted. The fee for access to |
|
information under Chapter 552, Government Code, shall be in accord |
|
with the rules of the attorney general [Texas Building and
|
|
Procurement Commission] that prescribe the method for computing the |
|
charge for copies under that chapter. |
|
ARTICLE 11. CHANGES RELATING TO LOCAL GOVERNMENT CODE |
|
SECTION 11.001. Section 143.027(a), Local Government Code, |
|
as amended by Chapters 869 and 909, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted to read as follows: |
|
(a) A person appointed to a beginning position in the fire |
|
or police department must serve a probationary period of one year |
|
beginning on that person's date of employment as a fire fighter, |
|
police officer, or academy trainee. In a municipality with a |
|
population of less than 1.9 million, the commission by rule may |
|
extend the probationary period by not more than six months for a |
|
person who: |
|
(1) is not employed by a department in which a |
|
collective bargaining agreement or a meet-and-confer agreement |
|
currently exists or previously existed; and |
|
(2) is required to attend a basic training academy for |
|
initial certification by the Texas Commission on Fire Protection or |
|
the Commission on Law Enforcement Officer Standards and Education. |
|
ARTICLE 12. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 12.001. Section 1701.354, Occupations Code, as |
|
amended by Chapters 735 and 954, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted to read as follows: |
|
Sec. 1701.354. CONTINUING EDUCATION FOR DEPUTY CONSTABLES. |
|
(a) If the commission requires a state, county, special district, |
|
or municipal agency that employs a deputy constable to provide the |
|
deputy constable with a training program under Section 1701.352, |
|
the commission shall require the deputy constable to attend at |
|
least 20 hours of instruction in civil process. |
|
(b) The commission shall adopt rules and procedures |
|
concerning a civil process course, including rules providing for: |
|
(1) approval of course content and standards; and |
|
(2) issuance of course credit. |
|
(c) The commission may waive the instruction requirements |
|
for a deputy constable under this section: |
|
(1) if a constable requests a waiver for the deputy |
|
constable based on a representation that the deputy constable's |
|
duty assignment does not involve civil process responsibilities; or |
|
(2) if the deputy constable requests a waiver because |
|
of hardship and the commission determines that a hardship exists. |
|
SECTION 12.002. Section 1702.324(b), Occupations Code, as |
|
amended by Chapters 518, 728, 1102, and 1155, Acts of the 79th |
|
Legislature, Regular Session, 2005, is reenacted to read as |
|
follows: |
|
(b) This chapter does not apply to: |
|
(1) a manufacturer or a manufacturer's authorized |
|
distributor who sells equipment intended for resale and does not |
|
perform any other service that requires a license under this |
|
chapter; |
|
(2) a person engaged exclusively in the business of |
|
obtaining and providing information to: |
|
(A) determine creditworthiness; |
|
(B) collect debts; or |
|
(C) ascertain the reliability of information |
|
provided by an applicant for property, life, or disability |
|
insurance or an indemnity or surety bond; |
|
(3) a person engaged exclusively in the business of |
|
repossessing property that is secured by a mortgage or other |
|
security interest; |
|
(4) a person who: |
|
(A) is engaged in the business of psychological |
|
testing or other testing and interviewing services, including |
|
services to determine attitudes, honesty, intelligence, |
|
personality, and skills, for preemployment purposes; and |
|
(B) does not perform any other service that |
|
requires a license under this chapter; |
|
(5) a person who: |
|
(A) is engaged in obtaining information that is a |
|
public record under Chapter 552, Government Code, regardless of |
|
whether the person receives compensation; |
|
(B) is not a full-time employee, as defined by |
|
Section 61.001, Labor Code, of a person licensed under this |
|
chapter; and |
|
(C) does not perform any other act that requires |
|
a license under this chapter; |
|
(6) a licensed engineer practicing engineering or |
|
directly supervising engineering practice under Chapter 1001, |
|
including forensic analysis, burglar alarm system engineering, and |
|
necessary data collection; |
|
(7) an employee of a cattle association who inspects |
|
livestock brands under the authority granted to the cattle |
|
association by the Grain Inspection, Packers and Stockyards |
|
Administration of the United States Department of Agriculture; |
|
(8) a landman performing activities in the course and |
|
scope of the landman's business; |
|
(9) an attorney while engaged in the practice of law; |
|
(10) a person who obtains a document for use in |
|
litigation under an authorization or subpoena issued for a written |
|
or oral deposition; |
|
(11) an admitted insurer, insurance adjuster, agent, |
|
or insurance broker licensed by the state, performing duties in |
|
connection with insurance transacted by that person; |
|
(12) a person who on the person's own property or on |
|
property owned or managed by the person's employer: |
|
(A) installs, changes, or repairs a mechanical |
|
security device; |
|
(B) repairs an electronic security device; or |
|
(C) cuts or makes a key for a security device; |
|
(13) security personnel, including security contract |
|
personnel, working at a commercial nuclear power plant licensed by |
|
the United States Nuclear Regulatory Commission; |
|
(14) a person or firm licensed as an accountant or |
|
accounting firm under Chapter 901, an owner of an accounting firm, |
|
or an employee of an accountant or accounting firm; or |
|
(15) a retailer, wholesaler, or other person who sells |
|
mechanical security devices, including locks and deadbolts, but who |
|
does not: |
|
(A) service mechanical security devices for the |
|
public outside of the person's premises; or |
|
(B) claim to act as a locksmith. |
|
SECTION 12.003. Section 2002.054(c), Occupations Code, as |
|
amended by Chapters 929 and 1006, Acts of the 79th Legislature, |
|
Regular Session, 2005, is reenacted and amended to read as follows: |
|
(c) Except as provided by Section 2002.0541, the |
|
organization may not permit a person who is not [a member of the
|
|
organization or who is not] authorized by the organization to sell |
|
or offer to sell raffle tickets. |
|
SECTION 12.004. Section 2303.158, Occupations Code, as |
|
added by Chapters 737 and 953, Acts of the 79th Legislature, Regular |
|
Session, 2005, is repealed to conform to Chapter 1197, Acts of the |
|
79th Legislature, Regular Session, 2005. |
|
ARTICLE 12A. CHANGES RELATING TO PENAL CODE |
|
SECTION 12A.001. Section 46.01(6), Penal Code, is amended |
|
to read as follows: |
|
(6) "Illegal knife" means a: |
|
(A) knife with a blade over five and one-half |
|
inches; |
|
(B) hand instrument designed to cut or stab |
|
another by being thrown; |
|
(C) dagger, including but not limited to a dirk, |
|
stiletto [stilletto], and poniard; |
|
(D) bowie knife; |
|
(E) sword; or |
|
(F) spear. |
|
ARTICLE 13. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE |
|
SECTION 13.001. Section 1006.151(a), Special District |
|
Local Laws Code, as added by Section 1.01, Chapter 729, Acts of the |
|
79th Legislature, Regular Session, 2005, is amended to correct a |
|
reference to read as follows: |
|
(a) The district administrator shall prepare an annual |
|
budget for approval by the board. The budget must be for the fiscal |
|
year prescribed by Section 1006.152 [1007.152]. |
|
SECTION 13.002. Section 1006.202(a), Special District |
|
Local Laws Code, as added by Section 1.01, Chapter 729, Acts of the |
|
79th Legislature, Regular Session, 2005, is amended to correct a |
|
reference to read as follows: |
|
(a) At the time general obligation bonds are issued under |
|
Section 1006.201 [1007.201], the board shall impose an ad valorem |
|
tax at a rate sufficient to: |
|
(1) create an interest and sinking fund; and |
|
(2) pay the principal of and interest on the bonds as |
|
the bonds mature. |
|
SECTION 13.003. Section 1008.253(b), Special District |
|
Local Laws Code, is amended to conform more closely to the source |
|
law from which the section was derived to read as follows: |
|
(b) The board must specify in the order calling the |
|
election: |
|
(1) the date of the election; |
|
(2) [the hours during which the polls must be open;
|
|
[(3)] the location of the polling places; |
|
(3) [(4)] the presiding and alternate election judges |
|
for each polling place; |
|
(4) [(5)] the amount of the bonds to be authorized; |
|
and |
|
(5) [(6)] the maximum maturity of the bonds. |
|
SECTION 13.0035. (a) Section 5001.001, Special District |
|
Local Laws Code, is amended to conform to Section 1, Chapter 81, |
|
Acts of the 62nd Legislature, Regular Session, 1971, to read as |
|
follows: |
|
Sec. 5001.001. DEFINITIONS [DEFINITION]. In this chapter: |
|
(1) "Commission" means the navigation and canal |
|
commission of the district. |
|
(2) "Commissioner" means a member of the commission. |
|
(3) "District"[, "district"] means the Aransas County |
|
Navigation District No. 1. |
|
(b) Chapter 5001, Special District Local Laws Code, is |
|
amended to conform to Chapter 81, Acts of the 62nd Legislature, |
|
Regular Session, 1971, by adding Subchapter A-1 to read as follows: |
|
SUBCHAPTER A-1. COMMISSION |
|
Sec. 5001.021. GOVERNING BODY; TERMS. (a) The district is |
|
governed by a commission consisting of five commissioners, each |
|
elected to a navigation and canal commissioner's office by number. |
|
(b) Commissioners serve two-year terms. |
|
Sec. 5001.022. QUALIFICATIONS. To be eligible for election |
|
to any of the following offices, a person must have the following |
|
qualifications: |
|
(1) for the office of Navigation and Canal |
|
Commissioner No. 1, a person must reside in and be a freehold |
|
property taxpaying voter of Aransas County Commissioners' Precinct |
|
No. 1; |
|
(2) for the office of Navigation and Canal |
|
Commissioner No. 2, a person must reside in and be a freehold |
|
property taxpaying voter of Aransas County Commissioners' Precinct |
|
No. 2; |
|
(3) for the office of Navigation and Canal |
|
Commissioner No. 3, a person must reside in and be a freehold |
|
property taxpaying voter of Aransas County Commissioners' Precinct |
|
No. 3; |
|
(4) for the office of Navigation and Canal |
|
Commissioner No. 4, a person must reside in and be a freehold |
|
property taxpaying voter of Aransas County Commissioners' Precinct |
|
No. 4; and |
|
(5) for the office of Navigation and Canal |
|
Commissioner No. 5, a person must reside in and be a freehold |
|
property taxpaying voter of Aransas County. |
|
Sec. 5001.023. ELECTION OF COMMISSIONERS. On a uniform |
|
election date in each odd-numbered year, five commissioners shall |
|
be elected. |
|
Sec. 5001.024. NOTICE OF ELECTION. The secretary of the |
|
commission shall give notice of an election by posting or |
|
publishing the notice for at least 20 days before the date of the |
|
election. |
|
Sec. 5001.025. VACANCIES. (a) A vacancy in the office of a |
|
commissioner that occurs for any reason shall be filled by the |
|
remaining members of the commission except as provided by this |
|
section. |
|
(b) If three or more vacancies in commissioners' offices |
|
occur at the same time, a special election may be called as provided |
|
by Section 62.066, Water Code. |
|
Sec. 5001.026. REMOVAL FROM OFFICE. (a) A commissioner may |
|
be removed from office for malfeasance or nonfeasance in office by |
|
unanimous vote of the commissioners court of Aransas County after a |
|
hearing. |
|
(b) Appeal from a judgment of removal may be taken to a |
|
district court in Aransas County. The court shall try the case de |
|
novo. |
|
(c) Section 5001.051, Special District Local Laws Code, is |
|
amended to read as follows: |
|
Sec. 5001.051. DEFINITION [DEFINITIONS]. In this |
|
subchapter, "fund" [:
|
|
[(1)
"Commission" means the navigation and canal
|
|
commission of the district.
|
|
[(2) "Fund"] means a promotion and development fund |
|
created by the district. |
|
SECTION 13.004. Section 7202.005, Special District Local |
|
Laws Code, as added by Chapter 895, Acts of the 79th Legislature, |
|
Regular Session, 2005, is repealed as duplicative of Section |
|
7202.006, Special District Local Laws Code, as added by Chapter |
|
770, Acts of the 79th Legislature, Regular Session, 2005. |
|
SECTION 13.005. (a) Section 8101.003(a), Special District |
|
Local Laws Code, is amended to conform to Section 1, Chapter 993, |
|
Acts of the 78th Legislature, Regular Session, 2003, to read as |
|
follows: |
|
(a) The legislature finds that[:
|
|
[(1)
all of the lands and other property included in
|
|
the boundaries of the authority will benefit from the improvements
|
|
and facilities to be constructed, acquired, or otherwise provided
|
|
under this chapter; and
|
|
[(2)] the authority is created to serve a public use |
|
and benefit. |
|
(b) Section 8101.051, Special District Local Laws Code, is |
|
amended to conform to Section 1, Chapter 993, Acts of the 78th |
|
Legislature, Regular Session, 2003, to read as follows: |
|
Sec. 8101.051. BOUNDARIES. [(a)] The authority is in |
|
Henderson County and, unless modified as provided by Section |
|
8101.052, [or] by Subchapter J, Chapter 49, Water Code, or by |
|
Subchapter O, Chapter 51, Water Code, the boundaries of the |
|
authority are coextensive with the corporate limits of the city of |
|
Athens, Henderson County, Texas, as those corporate limits existed |
|
on September 1, 2003 [May 2, 1957]. |
|
[(b)
Territory annexed by the City of Athens after May 2,
|
|
1957, does not become a part of the authority solely because of its
|
|
annexation to the city.
|
|
[(c)
A defect or irregularity in the boundaries of the city
|
|
of Athens as they existed on May 2, 1957, or in a proceeding related
|
|
to the territory of or an annexation by the city before that date
|
|
does not affect the validity of the authority or any of its rights,
|
|
powers, privileges, or functions.] |
|
(c) Section 8101.052(a), Special District Local Laws Code, |
|
is amended to conform to Section 1, Chapter 993, Acts of the 78th |
|
Legislature, Regular Session, 2003, to read as follows: |
|
(a) The board, as provided by this section, may annex |
|
territory the City of Athens annexes [after May 2, 1957]. The |
|
authority may not annex territory under this section if bonds |
|
supported by ad valorem taxes previously voted on remain unissued |
|
and unsold. |
|
(d) Section 1, Chapter 993, Acts of the 78th Legislature, |
|
2003, which amended former Subsections (a) and (b), Section 2, |
|
Chapter 142, Acts of the 55th Legislature, Regular Session, 1957, |
|
is repealed. |
|
SECTION 13.006. (a) Chapter 221, Water Code, is renumbered |
|
as Chapter 8502, Special District Local Laws Code, and Sections |
|
221.001, 221.002, 221.003, 221.004, 221.005, 221.006, 221.007, |
|
221.008, 221.009, 221.010, 221.011, 221.012, 221.013, 221.014, |
|
221.015, 221.016, 221.017, 221.018, and 221.019, Water Code, are |
|
renumbered as Sections 8502.001, 8502.002, 8502.003, 8502.004, |
|
8502.005, 8502.006, 8502.007, 8502.008, 8502.009, 8502.010, |
|
8502.011, 8502.012, 8502.013, 8502.014, 8502.015, 8502.016, |
|
8502.017, 8502.018, and 8502.019, Special District Local Laws Code, |
|
respectively. |
|
(b) Chapter 222, Water Code, is renumbered as Chapter 8503, |
|
Special District Local Laws Code, and Sections 222.001, 222.002, |
|
222.003, 222.004, 222.005, 222.006, 222.007, 222.008, 222.009, |
|
222.010, 222.011, 222.012, 222.013, 222.014, 222.015, 222.016, |
|
222.017, 222.018, 222.019, 222.020, 222.021, 222.022, 222.023, |
|
222.024, 222.025, 222.026, 222.027, 222.028, 222.029, 222.030, and |
|
222.031, Water Code, are renumbered as Sections 8503.001, 8503.002, |
|
8503.003, 8503.004, 8503.005, 8503.006, 8503.007, 8503.008, |
|
8503.009, 8503.010, 8503.011, 8503.012, 8503.013, 8503.014, |
|
8503.015, 8503.016, 8503.017, 8503.018, 8503.019, 8503.020, |
|
8503.021, 8503.022, 8503.023, 8503.024, 8503.025, 8503.026, |
|
8503.027, 8503.028, 8503.029, 8503.030, and 8503.031, Special |
|
District Local Laws Code, respectively. |
|
(c) Subsection (m), Section 8502.004, Special District |
|
Local Laws Code, as renumbered from Section 221.004, Water Code, by |
|
this section, is amended to read as follows: |
|
(m) This chapter does not confer on the authority any power |
|
under Chapter 36, Water Code, to regulate the groundwater of other |
|
landowners. |
|
(d) Section 8502.010, Special District Local Laws Code, as |
|
renumbered from Section 221.010, Water Code, by this section, is |
|
amended to read as follows: |
|
Sec. 8502.010 [221.010]. CREATION OF MASTER DISTRICT; WATER |
|
CONTROL AND IMPROVEMENT DISTRICT. A master district is created |
|
having all the powers, duties, and functions, and subject to |
|
applicable and practicable procedures for those districts, to |
|
accomplish the purposes of this chapter, as provided by Chapter 49, |
|
Water Code, and the provisions of the Water Code [this code] |
|
applicable to water control and improvement districts. |
|
(e) Subsection (a), Section 8502.012, Special District |
|
Local Laws Code, as renumbered from Section 221.012, Water Code, by |
|
this section, is amended to read as follows: |
|
(a) The authority is a district and a river authority as |
|
defined by Chapter 30, Water Code. All the provisions of Chapter |
|
30, Water Code, are applicable to the authority. |
|
(f) Section 8503.002, Special District Local Laws Code, as |
|
renumbered from Section 222.002, Water Code, by this section, is |
|
amended by adding Subdivision (2-a) to read as follows: |
|
(2-a) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(g) Subsections (p) and (q), Section 8503.004, Special |
|
District Local Laws Code, as renumbered from Section 222.004, Water |
|
Code, by this section, are amended to read as follows: |
|
(p) The authority may borrow money for its corporate |
|
purposes on notes or other written evidence of indebtedness for a |
|
period not to exceed five years as may be authorized from time to |
|
time by an affirmative vote of 12 members of the board and repay the |
|
loans or indebtedness from the proceeds of bonds of the authority at |
|
the next bond offering. The authority may borrow money and accept |
|
grants from the United States, this state, or any corporation or |
|
agency created or designated by the United States or this state and, |
|
in connection with the loan or grant, may enter into an agreement |
|
that the United States, this state, or the corporation or agency |
|
requires. The authority may make and issue negotiable bonds for |
|
money borrowed in the manner provided by Sections 8503.013 |
|
[222.013] and 8503.014 [222.014] or other general law. This |
|
chapter does not authorize the issuance of any bonds, notes, or |
|
other evidences of indebtedness of the authority except as |
|
specifically provided by this chapter or other general law. |
|
(q) The authority may provide for the study, correcting, and |
|
control of both artificial and natural pollution, including |
|
organic, inorganic, and thermal, of all groundwater or surface |
|
water of the Colorado River and its tributaries within the |
|
boundaries of the authority. The authority may adopt by ordinance |
|
rules with regard to the pollution, both artificial and natural, |
|
and possesses police power to enforce its rules. The authority may |
|
provide a reasonable penalty for the violation of any rule. The |
|
penalty is cumulative of any penalties fixed by the general law of |
|
this state. A penalty under this subsection may not exceed the |
|
limit for penalties provided by Section 49.004, Water Code. An |
|
ordinance enacted under this section may not be adopted in any |
|
county or counties outside the existing boundaries of the |
|
authority. |
|
(h) Subsections (a), (b), (j), and (k), Section 8503.006, |
|
Special District Local Laws Code, as renumbered from Section |
|
222.006, Water Code, by this section, are amended to read as |
|
follows: |
|
(a) The powers, rights, privileges, and functions of the |
|
authority shall be exercised by the board. The board shall consist |
|
of 15 directors and shall include at least one director from each of |
|
the counties named in Section 8503.003 [222.003] except Travis |
|
County, which shall have two directors. Three directors shall be |
|
appointed at large from the counties served with electric power, |
|
other than the counties included in Section 8503.003 [222.003]. |
|
(b) A director appointed at large may not serve for a period |
|
of more than six consecutive years. A county other than a county |
|
included in Section 8503.003 [222.003] may not be represented on |
|
the board for more than six consecutive years. A county other than |
|
Travis County may not have two directors for a period greater than |
|
six consecutive years. |
|
(j) Each director is entitled to receive fees of office of |
|
not more than $150 per day and reimbursement of actual expenses |
|
incurred in accordance with Chapter 49, Water Code. However, no |
|
director may be paid per diem in excess of 150 days in any one |
|
calendar year. |
|
(k) Eight directors constitute a quorum at any meeting and, |
|
except as otherwise provided by this chapter or in the bylaws, all |
|
action may be taken by the affirmative vote of a majority of the |
|
directors present at any meeting, except that bonds, notes, or |
|
other evidence of indebtedness are subject to the requirements of |
|
Sections 8503.004(p) [222.004(p)] and 8503.013(f) [222.013(f)], |
|
and no amendment of the bylaws shall be valid unless authorized or |
|
ratified by the affirmative vote of at least eight directors, |
|
unless otherwise specifically provided by this chapter. |
|
(i) Subsections (c) and (h), Section 8503.013, Special |
|
District Local Laws Code, as renumbered from Section 222.013, Water |
|
Code, by this section, are amended to read as follows: |
|
(c) The proceeds of the bonds and any net operating revenues |
|
derived from the sale of electric power or water that may be |
|
available after paying the interest on outstanding bonds and the |
|
principal amount of the bonds and after setting aside sufficient |
|
funds for working capital, including a reasonable amount for |
|
contingencies, and setting aside funds for reserves to secure |
|
payment of principal of and interest on outstanding bonds, shall be |
|
used: |
|
(1) to build and construct dams or other structures |
|
within the authority, on the Colorado River and its tributaries, |
|
for the impounding and storage of floodwater and surface water; |
|
(2) to purchase and install in the dams on the Colorado |
|
River hydroelectric generators and other related facilities for the |
|
generation of hydroelectric power; |
|
(3) for the construction of additional lines and the |
|
purchase and installation of additional equipment the board |
|
considers necessary or expedient to enable the authority to |
|
continue to meet the demand for electric power in the areas within |
|
the authority directly served by its transmission lines and |
|
distribution systems on January 1, 1975, and other areas within the |
|
service area served by the authority on January 1, 1975, that cannot |
|
receive comparable service from any other power source and to |
|
provide electric power to this state as provided by Section |
|
8503.004 [222.004]; provided, however, that no steam generating |
|
capacity shall be installed by the authority, except that the |
|
authority may acquire, install, construct, enlarge and make |
|
additions to, and operate one or more steam generating plants, the |
|
sum of whose aggregate capacity may not be more than 5,000 |
|
megawatts, to be located within the boundaries of either one or more |
|
of Colorado, Fayette, Bastrop, Travis, Blanco, Burnet, Llano, or |
|
San Saba counties and to be utilized for the purpose of serving the |
|
area directly served by the authority's transmission lines and |
|
distribution systems on January 1, 1975, and to provide electric |
|
power to this state as provided by Section 8503.004 [222.004]; |
|
(4) to own or acquire an interest in one or more steam |
|
generating plants at any location within or outside the authority, |
|
if the plant or plants are owned in conjunction with one or more |
|
other utilities, public, private, or municipal, provided that an |
|
interest owned or acquired by the authority shall be utilized for |
|
the sole purpose of providing electric power and energy only in the |
|
areas within the authority directly served by its transmission |
|
lines and distribution systems as they existed on January 1, 1975; |
|
(5) for the purpose of building dams, levees, or other |
|
flood control structures between the city of Austin and the mouth of |
|
the Colorado River that are considered necessary and desirable by |
|
the board and for acquiring or installing facilities necessary to |
|
supply water for irrigation and other useful purposes within the |
|
counties composing the authority; and |
|
(6) in aid of any soil conservation or soil |
|
reclamation projects within the authority that the board determines |
|
to be in the public interest. |
|
(h) A resolution authorizing bonds may contain provisions |
|
that are part of the contract between the authority and the holder |
|
of the bonds from time to time: |
|
(1) reserving the right to redeem the bonds at the time |
|
or times, in the amounts, and at the prices, not exceeding 105 |
|
percent of the principal amount of the bonds, plus accrued |
|
interest, as may be provided; |
|
(2) providing for the setting aside of interest and |
|
sinking funds or reserve funds and the regulation and disposition |
|
of those funds; |
|
(3) pledging, to secure the payment of the principal |
|
of and interest on the bonds and of the sinking fund or reserve fund |
|
payments agreed to be made with respect to the bonds, all or any |
|
part of the gross or net revenues received by the authority with |
|
respect to the property, real, personal, or mixed, acquired or |
|
constructed or to be acquired or constructed with the bonds or the |
|
proceeds of the bonds, or all or any part of the gross or net |
|
revenues previously or thereafter received by the authority from |
|
any source; |
|
(4) prescribing the purposes to which the bonds or any |
|
bonds issued later are to be applied; |
|
(5) agreeing to set and collect rates and charges |
|
sufficient to produce revenues adequate to pay the items specified |
|
in Section 8503.011(a) [222.011(a)] and prescribing the use and |
|
disposition of all revenues; |
|
(6) prescribing limitations on the issuance of |
|
additional bonds and on the agreements that may be made with the |
|
purchasers and successive holders of the bonds; |
|
(7) relating to the construction, extension, |
|
improvement, reconstruction, operation, maintenance, and repair of |
|
the properties of the authority and the carrying of insurance on all |
|
or any part of the properties covering loss or damage or loss of use |
|
and occupancy resulting from specified risks; |
|
(8) setting the procedure, if any, by which, if the |
|
authority so desires, the terms of a contract with the bondholders |
|
may be amended or abrogated, the amount of bonds whose holders must |
|
consent to that amendment or abrogation, and the manner in which the |
|
consent may be given; |
|
(9) providing for the execution and delivery by the |
|
authority, to a bank or trust company authorized by law to accept |
|
trusts, of indentures and agreements for the benefit of the |
|
bondholders setting forth all of the agreements authorized by this |
|
chapter to be made with or for the benefit of the bondholders and |
|
other provisions that are customary in those kinds of indentures or |
|
agreements; and |
|
(10) making other provisions, not inconsistent with |
|
this chapter or other general law, that the board approves, |
|
provided that an agreement, contract, or commitment may not be made |
|
that, under any contingency, could or would result in the United |
|
States government or any of its agencies or bureaus claiming the |
|
right or privilege of controlling or managing the properties and |
|
facilities of the authority or the control or disposition of the |
|
water of the Colorado River or its tributaries; provided, however, |
|
that nothing in this chapter shall be construed as limiting or |
|
restricting the rights or powers as set out in Section 8503.014 |
|
[222.014] in the event of a default on the part of the authority; |
|
and provided further that nothing in this chapter is intended to |
|
prohibit compliance with existing federal regulations, if |
|
compliance with those regulations is done on the advice and |
|
approval of the attorney general. |
|
(j) Subsections (b) and (c), Section 8503.014, Special |
|
District Local Laws Code, as renumbered from Section 222.014, Water |
|
Code, by this section, are amended to read as follows: |
|
(b) If a default described by Subsection (a) has occurred |
|
and has continued for a period, if any, prescribed by the resolution |
|
authorizing the issuance of the bonds, the trustee under an |
|
indenture entered into with respect to the bonds authorized by the |
|
resolution, or, if there is no indenture, a trustee appointed in the |
|
manner provided in the resolution by the holders of 25 percent in |
|
aggregate principal amount of the bonds authorized by the |
|
resolution and then outstanding, shall, in the trustee's own name |
|
but for the equal and proportionate benefit of all of the |
|
bondholders, and with or without having possession of the bonds: |
|
(1) by mandamus or other suit, action, or proceeding |
|
at law or in equity, enforce all rights of the bondholders, |
|
including the requirements of Section 8503.011 [222.011]; |
|
(2) bring suit on the bonds or the appurtenant |
|
coupons; |
|
(3) by action or suit in equity, require the authority |
|
to act as if it were the trustee of an express trust for the |
|
bondholders; |
|
(4) by action or suit in equity, enjoin any acts or |
|
things that may be unlawful or in violation of the rights of the |
|
bondholders; or |
|
(5) after such notice to the authority as the |
|
resolution may provide, declare the principal of all of the bonds |
|
due and payable, and if all defaults have been made good, then with |
|
the written consent of the holders of 25 percent in aggregate |
|
principal amount of the bonds then outstanding, annul the |
|
declaration and its consequences; provided, however, that the |
|
holders of more than a majority in principal amount of the bonds |
|
authorized by the resolution and then outstanding shall, by written |
|
instrument delivered to the trustee, have the right to direct and |
|
control any and all action taken or to be taken by the trustee under |
|
this section. |
|
(c) A resolution, indenture, or agreement relating to bonds |
|
may provide that in a suit, action, or proceeding under this |
|
section, the trustee, whether or not all of the bonds have been |
|
declared due and payable and with or without possession of any of |
|
the bonds, is entitled as of right to the appointment of a receiver |
|
who may enter and take possession of all or any part of the |
|
properties of the authority, operate and maintain the properties, |
|
and set, collect, and receive rates and charges sufficient to |
|
provide revenues adequate to pay the items set forth in Section |
|
8503.011(a) [222.011(a)] and the costs and disbursements of the |
|
suit, action, or proceeding and apply the revenues in conformity |
|
with this chapter and the resolution authorizing the bonds. |
|
(k) Section 8503.015, Special District Local Laws Code, as |
|
renumbered from Section 222.015, Water Code, by this section, is |
|
amended to read as follows: |
|
Sec. 8503.015 [222.015]. AUDIT. The authority is subject |
|
to the audit provisions of Subchapter G, Chapter 49, Water Code. |
|
(l) Subsections (b) and (c), Section 8503.020, Special |
|
District Local Laws Code, as renumbered from Section 222.020, Water |
|
Code, by this section, are amended to read as follows: |
|
(b) Nothing in this chapter shall be construed as |
|
authorizing the sale of any property or interest by the authority or |
|
by any receiver of any of its properties or through any court |
|
proceeding or otherwise, unless, by the affirmative vote of |
|
three-fourths of its statutory membership, the board has determined |
|
that the property or interest is not necessary or convenient or of |
|
beneficial use to the business of the authority and has approved the |
|
terms of the sale. Except by sale as expressly authorized in this |
|
section, authority property or interest may not come into the |
|
ownership or control, directly or indirectly, of any person, firm, |
|
or corporation other than a public authority created under the laws |
|
of this state or a nonprofit corporation created by the authority |
|
under Chapter 152, Water Code. |
|
(c) The limitations on the sale of property of the authority |
|
in this section do not and are not intended to preclude the |
|
authority from selling any interest owned or held by the authority |
|
in any jointly owned electric power and generating facilities |
|
constructed, or to be constructed, under Section 8503.004(t) |
|
[222.004(t)], provided that the sale of an ownership interest in a |
|
joint project is provided for and in conformance with any contract |
|
with other owners regarding the electric power and energy |
|
generating facilities. |
|
(m) Section 8503.022, Special District Local Laws Code, as |
|
renumbered from Section 222.022, Water Code, by this section, is |
|
amended to read as follows: |
|
Sec. 8503.022 [222.022]. PROPERTY USEFUL IN THE PRODUCTION |
|
OR UTILIZATION OF ELECTRIC ENERGY. This chapter does not prohibit |
|
or restrict the sale, lease, or other disposition, to an electric |
|
cooperative, municipality, nonprofit corporation created by the |
|
authority under Chapter 152, Water Code, or other governmental |
|
agency or body politic and corporate of this state, of any property |
|
acquired or constructed by the authority and incidental to or used |
|
or useful in the generation, production, transmission, |
|
distribution, or sale of electric energy. The authority may pledge |
|
the proceeds of a sale under this section to the same extent and in |
|
the same manner in which it is authorized to pledge its revenues. |
|
(n) Subsection (a), Section 8503.023, Special District |
|
Local Laws Code, as renumbered from Section 222.023, Water Code, by |
|
this section, is amended to read as follows: |
|
(a) The authority may not prevent the public use of its |
|
lands for recreational purposes and fishing except at such points |
|
where, in the opinion of the board, the use would interfere with the |
|
proper conduct of the business of the authority or would interfere |
|
with the lawful use of the property. A lease of authority lands, |
|
except one expressly permitted by Section 8503.022 [222.022], is |
|
not lawful unless it provides for free public use of the lands for |
|
recreational purposes and fishing. |
|
(o) Subsection (b), Section 8503.025, Special District |
|
Local Laws Code, as renumbered from Section 222.025, Water Code, by |
|
this section, is amended to read as follows: |
|
(b) Nothing in this chapter shall prevent the authority from |
|
issuing bonds under any applicable general law of this state, |
|
provided, however, that no bonds are issued that would be in |
|
conflict with Section 8503.024 [222.024]. |
|
(p) Subsection (b), Section 8503.027, Special District |
|
Local Laws Code, as renumbered from Section 222.027, Water Code, by |
|
this section, is amended to read as follows: |
|
(b) Nothing in this chapter affects the meaning of Section |
|
8503.011 [222.011], formerly Section 222.011, Water Code, and |
|
Section 9, Chapter 74, Acts of the 64th Legislature, Regular |
|
Session, 1975, as it existed prior to the adoption of the former |
|
Chapter 222, Water Code [this chapter], except where specifically |
|
amended. |
|
(q) Section 8503.028, Special District Local Laws Code, as |
|
renumbered from Section 222.028, Water Code, by this section, is |
|
amended to read as follows: |
|
Sec. 8503.028 [222.028]. AUTHORITY POWERS IN LAMPASAS |
|
COUNTY. Notwithstanding any other provision of this chapter, the |
|
authority may exercise all powers within Lampasas County that it |
|
may otherwise exercise within the 10 counties specified in Section |
|
8503.003 [222.003], except that the authority may not provide water |
|
or wastewater services in the portion of Lampasas County outside |
|
the Colorado River watershed without the consent of the Brazos |
|
River Authority. |
|
(r) Subsection (b), Section 8503.030, Special District |
|
Local Laws Code, as renumbered from Section 222.030, Water Code, by |
|
this section, is amended to read as follows: |
|
(b) In this section and Section 8503.031 [222.031]: |
|
(1) "Municipality" includes a municipally owned |
|
utility. |
|
(2) "Water service area" means the area in which the |
|
authority is authorized to use, distribute, and sell water on |
|
January 1, 2001. |
|
(s) Section 8503.031, Special District Local Laws Code, as |
|
renumbered from Section 222.031, Water Code, by this section, is |
|
amended to read as follows: |
|
Sec. 8503.031 [222.031]. AUTHORITY OF MUNICIPALITY TO |
|
CONTRACT FOR WATER. Section 8503.030 [222.030] constitutes full |
|
authority for a municipality or municipally owned utility to enter |
|
into a contract with the authority under that section. The payments |
|
made under a contract authorized by that section are operation and |
|
maintenance expenses of the municipality's utility system. A |
|
municipality or municipally owned utility that enters into a |
|
contract under that section may use proceeds from the sale of its |
|
revenue bonds to make any such payments. |
|
(t) Title 6, Water Code, is repealed. |
|
ARTICLE 14. CHANGES RELATING TO TAX CODE |
|
SECTION 14.001. Section 26.05(a), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(a) The governing body of each taxing unit, before the later |
|
of September 30 or the 60th day after the date the certified |
|
appraisal roll is received by the taxing unit, shall adopt a tax |
|
rate for the current tax year and shall notify the assessor for the |
|
unit of the rate adopted. The tax rate consists of two components, |
|
each of which must be approved separately. The components are: |
|
(1) for a taxing unit other than a school district, the |
|
rate that, if applied to the total taxable value, will impose the |
|
total amount published under Section 26.04(e)(3)(C), less any |
|
amount of additional sales and use tax revenue that will be used to |
|
pay debt service, or, for a school district, the rate published |
|
under Section 44.004(c)(5)(A)(ii)(b) [44.004(c)(2)(A)(ii)(b)], |
|
Education Code; and |
|
(2) the rate that, if applied to the total taxable |
|
value, will impose the amount of taxes needed to fund maintenance |
|
and operation expenditures of the unit for the next year. |
|
SECTION 14.002. Section 311.004(c), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(c) To designate a reinvestment zone under Section |
|
311.005(a)(4) [311.005(a)(5)], the governing body of a |
|
municipality or county must specify in the ordinance or order that |
|
the reinvestment zone is designated under that section. |
|
SECTION 14.003. Section 311.005(a), Tax Code, as amended by |
|
Section 37, Chapter 1094, and Section 1, Chapter 1347, Acts of the |
|
79th Legislature, Regular Session, 2005, is reenacted and amended |
|
to read as follows: |
|
(a) To be designated as a reinvestment zone, an area must: |
|
(1) substantially arrest or impair the sound growth of |
|
the municipality or county creating the zone, retard the provision |
|
of housing accommodations, or constitute an economic or social |
|
liability and be a menace to the public health, safety, morals, or |
|
welfare in its present condition and use because of the presence of: |
|
(A) a substantial number of substandard, slum, |
|
deteriorated, or deteriorating structures; |
|
(B) the predominance of defective or inadequate |
|
sidewalk or street layout; |
|
(C) faulty lot layout in relation to size, |
|
adequacy, accessibility, or usefulness; |
|
(D) unsanitary or unsafe conditions; |
|
(E) the deterioration of site or other |
|
improvements; |
|
(F) tax or special assessment delinquency |
|
exceeding the fair value of the land; |
|
(G) defective or unusual conditions of title; |
|
(H) conditions that endanger life or property by |
|
fire or other cause; or |
|
(I) structures, other than single-family |
|
residential structures, less than 10 percent of the square footage |
|
of which has been used for commercial, industrial, or residential |
|
purposes during the preceding 12 years, if the municipality has a |
|
population of 100,000 or more; |
|
(2) be predominantly open and, because of obsolete |
|
platting, deterioration of structures or site improvements, or |
|
other factors, substantially impair or arrest the sound growth of |
|
the municipality or county; |
|
(3) be in a federally assisted new community located |
|
in the municipality or county or in an area immediately adjacent to |
|
a federally assisted new community; or |
|
(4) [(5)] be an area described in a petition |
|
requesting that the area be designated as a reinvestment zone, if |
|
the petition is submitted to the governing body of the municipality |
|
or county by the owners of property constituting at least 50 percent |
|
of the appraised value of the property in the area according to the |
|
most recent certified appraisal roll for the county in which the |
|
area is located. |
|
SECTION 14.004. Section 311.006(e), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(e) Subsection (a)(1) does not apply to a reinvestment zone |
|
designated under Section 311.005(a)(4) [311.005(a)(5)]. |
|
SECTION 14.005. Section 311.0087(a), Tax Code, is amended |
|
to correct a reference to read as follows: |
|
(a) This section applies only to a proposed reinvestment |
|
zone: |
|
(1) the designation of which is requested in a |
|
petition submitted under Section 311.005(a)(4) [311.005(a)(5)] |
|
before July 31, 2004, to the governing body of a home-rule |
|
municipality that: |
|
(A) has a population of more than 1.1 million; |
|
(B) is located primarily in a county with a |
|
population of 1.5 million or less; and |
|
(C) has created at least 20 reinvestment zones |
|
under this chapter; and |
|
(2) that is the subject of a resolution of intent that |
|
was adopted before October 31, 2004, by the governing body of the |
|
municipality. |
|
SECTION 14.006. Section 311.009(b), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(b) If the zone was designated under Section 311.005(a)(4) |
|
[311.005(a)(5)], the board of directors of the zone consists of |
|
nine members. Each school district, county, or municipality, other |
|
than the municipality or county that created the zone, that levies |
|
taxes on real property in the zone may appoint one member of the |
|
board if the school district, county, or municipality has approved |
|
the payment of all or part of the tax increment produced by the |
|
unit. The member of the state senate in whose district the zone is |
|
located is a member of the board, and the member of the state house |
|
of representatives in whose district the zone is located is a member |
|
of the board, except that either may designate another individual |
|
to serve in the member's place at the pleasure of the member. If the |
|
zone is located in more than one senate or house district, this |
|
subsection applies only to the senator or representative in whose |
|
district a larger portion of the zone is located than any other |
|
senate or house district, as applicable. The remaining members of |
|
the board are appointed by the governing body of the municipality or |
|
county that created the zone. |
|
SECTION 14.007. Section 311.0091(c), Tax Code, is amended |
|
to correct a reference to read as follows: |
|
(c) If the zone was designated under Section 311.005(a)(4) |
|
[311.005(a)(5)], the board of directors of the zone consists of |
|
nine members, unless a greater number of members is necessary to |
|
comply with this subsection. Each taxing unit that approves the |
|
payment of all or part of its tax increment into the tax increment |
|
fund is entitled to appoint a number of members to the board in |
|
proportion to the taxing unit's pro rata share of the total |
|
anticipated tax increment to be deposited into the tax increment |
|
fund during the term of the zone. In determining the number of |
|
members a taxing unit may appoint to the board, the taxing unit's |
|
percentage of anticipated pro rata contributions to the tax |
|
increment fund is multiplied by nine, and a number containing a |
|
fraction that is one-half or greater shall be rounded up to the next |
|
whole number. Notwithstanding any other provision of this |
|
subsection, each taxing unit that approves the payment of all or |
|
part of its tax increment into the tax increment fund is entitled to |
|
appoint at least one member of the board, and the municipality that |
|
designated the zone is entitled to appoint at least as many members |
|
of the board as any other participating taxing unit. A taxing unit |
|
may waive its right to appoint a director. The member of the state |
|
senate in whose district the zone is located is a member of the |
|
board, and the member of the state house of representatives in whose |
|
district the zone is located is a member of the board, except that |
|
either may designate another individual to serve in the member's |
|
place at the pleasure of the member. If the zone is located in more |
|
than one senate or house district, this subsection applies only to |
|
the senator or representative in whose district a larger portion of |
|
the zone is located than any other senate or house district, as |
|
applicable. |
|
SECTION 14.008. Section 311.010(c), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(c) Subject to the approval of the governing body of the |
|
municipality that created the zone, the board of a zone designated |
|
by the governing body of a municipality under Section 311.005(a)(4) |
|
[311.005(a)(5)] may exercise the power granted by Chapter 211, |
|
Local Government Code, to the governing body of the municipality |
|
that created the zone to restrict the use or uses of property in the |
|
zone. The board may provide that a restriction adopted by the board |
|
continues in effect after the termination of the zone. In that |
|
event, after termination of the zone the restriction is treated as |
|
if it had been adopted by the governing body of the municipality. |
|
SECTION 14.009. Section 311.0101(a), Tax Code, is amended |
|
to correct a reference to read as follows: |
|
(a) It is the goal of the legislature, subject to the |
|
constitutional requirements spelled out by the United States |
|
Supreme Court in J. A. Croson Company v. City of Richmond (822 F.2d |
|
1355) and as hereafter further elaborated by federal and state |
|
courts, that all disadvantaged businesses in the zone designated |
|
under Section 311.005(a)(4) [311.005(a)(5)] be given full and |
|
complete access to the procurement process whereby supplies, |
|
materials, services, and equipment are acquired by the board. It is |
|
also the intent of the legislature that to the extent |
|
constitutionally permissible, a preference be given to |
|
disadvantaged businesses. The board and general contractor shall |
|
give preference, among bids or other proposals that are otherwise |
|
comparable, to a bid or other proposal by a disadvantaged business |
|
having its home office located in this state. |
|
SECTION 14.010. Section 311.011(f), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(f) In a zone designated under Section 311.005(a)(4) |
|
[311.005(a)(5)] that is located in a county with a population of 3.3 |
|
million or more, the project plan must provide that at least |
|
one-third of the tax increment of the zone be used to provide |
|
affordable housing during the term of the zone. |
|
ARTICLE 15. CHANGES RELATING TO TRANSPORTATION CODE |
|
SECTION 15.001. Section 22.0815, Transportation Code, is |
|
amended to add a heading to read as follows: |
|
Sec. 22.0815. OFFENSE: UNAUTHORIZED GROUND TRANSPORTATION. |
|
(a) In this section, "ground transportation business" means the |
|
transportation by motor vehicle of persons or baggage for |
|
compensation. |
|
(b) A person commits an offense if, within the boundaries of |
|
an airport operated or controlled by a joint board for which the |
|
constituent agencies are populous home-rule municipalities, the |
|
person: |
|
(1) solicits ground transportation business without |
|
the permission of the joint board, if required; or |
|
(2) engages in ground transportation business without |
|
the permission of the joint board, if required. |
|
(c) An offense under this section is a Class B misdemeanor. |
|
SECTION 15.002. Sections 222.104(f) and (g), |
|
Transportation Code, as added by Chapter 994, Acts of the 79th |
|
Legislature, Regular Session, 2005, are repealed as duplicative of |
|
Sections 222.104(i) and (j), Transportation Code. |
|
ARTICLE 16. CHANGES RELATING TO WATER CODE |
|
SECTION 16.001. Section 5.131, Water Code, as added by |
|
Chapter 965, Acts of the 77th Legislature, Regular Session, 2001, |
|
is repealed as duplicative of Section 5.127, Water Code. |
|
SECTION 16.002. The heading to Chapter 29, Water Code, is |
|
amended to conform to Section 21, Chapter 603, Acts of the 72nd |
|
Legislature, Regular Session, 1991, to read as follows: |
|
CHAPTER 29. OIL AND GAS WASTE [SALT WATER] HAULERS |
|
ARTICLE 17. RENUMBERING |
|
SECTION 17.001. 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) Section 12.039, Agriculture Code, as added by |
|
Chapter 214, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 12.040, Agriculture Code. |
|
(2) Subsection (i), Section 11.61, Alcoholic Beverage |
|
Code, as added by Chapter 452, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (j), Section 11.61, |
|
Alcoholic Beverage Code. |
|
(3) Chapter 54, Alcoholic Beverage Code, as added by |
|
Chapter 1289, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Chapter 50, Alcoholic Beverage Code, and Sections |
|
54.001, 54.002, and 54.003, Alcoholic Beverage Code, as added by |
|
that Act, are renumbered as Sections 50.001, 50.002, and 50.003, |
|
Alcoholic Beverage Code, respectively. |
|
(4) Subsection (j), Section 61.71, Alcoholic Beverage |
|
Code, as added by Chapter 452, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (l), Section 61.71, |
|
Alcoholic Beverage Code. |
|
(5) Section 105.08, Alcoholic Beverage Code, as added |
|
by Chapter 239, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 105.09, Alcoholic Beverage Code. |
|
(6) Section 35.58, Business & Commerce Code, as added |
|
by Chapter 649, Acts of the 78th Legislature, Regular Session, |
|
2003, is renumbered as Section 35.60, Business & Commerce Code. |
|
(7) Section 35.60, Business & Commerce Code, as added |
|
by Chapter 195, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 35.63, Business & Commerce Code. |
|
(8) Article 13.30, Code of Criminal Procedure, as |
|
added by Chapter 1008, Acts of the 79th Legislature, Regular |
|
Session, 2005, is renumbered as Article 13.31, Code of Criminal |
|
Procedure. |
|
(9) Article 13.30, Code of Criminal Procedure, as |
|
added by Chapter 1275, Acts of the 79th Legislature, Regular |
|
Session, 2005, is renumbered as Article 13.32, Code of Criminal |
|
Procedure. |
|
(10) Subsection (p), Article 42.037, Code of Criminal |
|
Procedure, as added by Chapter 543, Acts of the 79th Legislature, |
|
Regular Session, 2005, is relettered as Subsection (q), Article |
|
42.037, Code of Criminal Procedure. |
|
(11) Section 11.168, Education Code, as added by |
|
Chapter 1109, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 11.169, Education Code. |
|
(12) Section 25.0341, Education Code, as added by |
|
Chapter 920, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 25.0342, Education Code. |
|
(13) Subchapter D, Chapter 32, Education Code, as |
|
added by Chapter 1216, Acts of the 78th Legislature, Regular |
|
Session, 2003, is relettered as Subchapter F, Chapter 32, Education |
|
Code, and Sections 32.151, 32.152, 32.153, 32.154, 32.155, 32.156, |
|
32.157, 32.158, 32.159, 32.160, 32.161, 32.162, and 32.163, |
|
Education Code, as added by that Act, are renumbered as Sections |
|
32.251, 32.252, 32.253, 32.254, 32.255, 32.256, 32.257, 32.258, |
|
32.259, 32.260, 32.261, 32.262, and 32.263, Education Code, |
|
respectively. |
|
(13-a) Section 51.355, Education Code, as added by |
|
Chapter 303, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 51.357, Education Code. |
|
(14) Section 51.4032, Education Code, as added by |
|
Chapter 1230, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 51.4033, Education Code. |
|
(15) Subsection (f), Section 54.007, Education Code, |
|
as added by Chapter 888, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (g), Section 54.007, |
|
Education Code. |
|
(16) Subsection (f), Section 54.007, Education Code, |
|
as added by Chapter 536, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (h), Section 54.007, |
|
Education Code. |
|
(17) Section 54.073, Education Code, as added by |
|
Chapter 888, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 54.066, Education Code. |
|
(18) Subsection (h), Section 54.203, Education Code, |
|
as added by Chapter 888, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (j), Section 54.203, |
|
Education Code. |
|
(19) Subchapter I, Chapter 88, Education Code, as |
|
added by Chapter 388, Acts of the 76th Legislature, Regular |
|
Session, 1999, is relettered as Subchapter I-1, Chapter 88, |
|
Education Code. |
|
(20) Subsection (d), Section 31.092, Election Code, as |
|
added by Chapter 1091, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (e), Section 31.092, |
|
Election Code. |
|
(21) Subchapter J, Chapter 153, Family Code, as added |
|
by Chapter 482, Acts of the 79th Legislature, Regular Session, |
|
2005, is relettered as Subchapter K, Chapter 153, Family Code. |
|
(22) Section 231.122, Family Code, as added by Chapter |
|
925, Acts of the 79th Legislature, Regular Session, 2005, is |
|
renumbered as Section 231.123, Family Code. |
|
(23) Subsection (i), Section 156.208, Finance Code, as |
|
added by Chapter 1018, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (j), Section 156.208, |
|
Finance Code. |
|
(24) Subchapter BB, Chapter 54, Government Code, as |
|
added by Chapter 663, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subchapter A, Chapter 54, |
|
Government Code, and Sections 54.1351, 54.1352, 54.1353, 54.1354, |
|
54.1355, and 54.1356, Government Code, as added by that Act, are |
|
renumbered as Sections 54.001, 54.002, 54.003, 54.004, 54.005, and |
|
54.006, Government Code, respectively. |
|
(25) Subchapter BB, Chapter 54, Government Code, as |
|
added by Chapter 109, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subchapter B, Chapter 54, |
|
Government Code, and Sections 54.1701, 54.1702, 54.1703, 54.1704, |
|
and 54.1705, Government Code, as added by that Act, are renumbered |
|
as Sections 54.101, 54.102, 54.103, 54.104, and 54.105, Government |
|
Code, respectively. |
|
(26) Section 62.0142, Government Code, as added by |
|
Chapter 1360, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 62.0143, Government Code. |
|
(27) Section 405.021, Government Code, as added by |
|
Chapter 407, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 405.022, Government Code. |
|
(28) Section 442.019, Government Code, as added by |
|
Chapter 850, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 442.020, Government Code. |
|
(29) Section 487.060, Government Code, as added by |
|
Chapter 634, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 487.061, Government Code. |
|
(30) Chapter 490, Government Code, as added by Chapter |
|
593, Acts of the 79th Legislature, Regular Session, 2005, is |
|
renumbered as Chapter 490A, Government Code, and Sections 490.001, |
|
490.002, 490.003, 490.004, 490.005, 490.006, 490.007, 490.008, and |
|
490.009, Government Code, as added by that Act, are renumbered as |
|
Sections 490A.001, 490A.002, 490A.003, 490A.004, 490A.005, |
|
490A.006, 490A.007, 490A.008, and 490A.009, Government Code, |
|
respectively. |
|
(31) Chapter 490, Government Code, as added by Chapter |
|
1215, Acts of the 79th Legislature, Regular Session, 2005, is |
|
renumbered as Chapter 490B, Government Code, and Sections 490.001, |
|
490.002, 490.003, 490.004, and 490.005, Government Code, as added |
|
by that Act, are renumbered as Sections 490B.001, 490B.002, |
|
490B.003, 490B.004, and 490B.005, Government Code, respectively. |
|
(32) Section 531.078, Government Code, as added by |
|
Chapter 268, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.088, Government Code. |
|
(33) Section 531.078, Government Code, as added by |
|
Chapter 1008, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.089, Government Code. |
|
(34) Section 531.080, Government Code, as added by |
|
Chapter 899, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.090, Government Code. |
|
(35) Section 531.080, Government Code, as added by |
|
Chapter 666, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.091, Government Code. |
|
(36) Section 531.082, Government Code, as added by |
|
Chapter 985, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.092, Government Code. |
|
(37) Section 531.1532, Government Code, as added by |
|
Chapter 1131, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 531.1533, Government Code. |
|
(38) Subsection (f), Section 533.009, Government |
|
Code, as added by Chapter 349, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (c), Section 533.009, |
|
Government Code. |
|
(39) Section 552.141, Government Code, as added by |
|
Chapter 401, Acts of the 78th Legislature, Regular Session, 2003, |
|
is renumbered as Section 552.145, Government Code. |
|
(40) Section 662.051, Government Code, as added by |
|
Chapter 697, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 662.052, Government Code. |
|
(41) Section 775.004, Government Code, as added by |
|
Chapter 351, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 775.005, Government Code. |
|
(42) Section 2155.149, Government Code, as added by |
|
Chapter 514, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 2155.150, Government Code. |
|
(43) Subchapter C, Chapter 44, Health and Safety Code, |
|
as added by Chapter 775, Acts of the 75th Legislature, Regular |
|
Session, 1997, is transferred to the Government Code and |
|
redesignated as Subchapter C, Chapter 420, Government Code, and |
|
Section 44.051, Health and Safety Code, as added by that Act, is |
|
renumbered as Section 420.051, Government Code. |
|
(44) Subchapter D, Chapter 44, Health and Safety Code, |
|
as added by Chapter 775, Acts of the 75th Legislature, Regular |
|
Session, 1997, is transferred to the Government Code and |
|
redesignated as Subchapter D, Chapter 420, Government Code, and |
|
Sections 44.071, 44.072, 44.073, 44.074, and 44.075, Health and |
|
Safety Code, as added by that Act, are renumbered as Sections |
|
420.071, 420.072, 420.073, 420.074, and 420.075, Government Code, |
|
respectively. |
|
(45) Chapter 96, Health and Safety Code, as added by |
|
Chapter 326, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Chapter 97, Health and Safety Code, and Sections |
|
96.001, 96.002, 96.003, 96.004, 96.005, 96.006, and 96.007, Health |
|
and Safety Code, as added by that Act, are renumbered as Sections |
|
97.001, 97.002, 97.003, 97.004, 97.005, 97.006, and 97.007, Health |
|
and Safety Code, respectively. |
|
(46) Chapter 113, Health and Safety Code, as added by |
|
Chapter 1016, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Chapter 109, Health and Safety Code, and Sections |
|
113.001, 113.002, 113.003, 113.004, 113.005, 113.006, 113.007, |
|
113.008, 113.009, 113.010, 113.011, 113.012, 113.013, and 113.014, |
|
Health and Safety Code, as added by that Act, are renumbered as |
|
Sections 109.001, 109.002, 109.003, 109.004, 109.005, 109.006, |
|
109.007, 109.008, 109.009, 109.010, 109.011, 109.012, 109.013, and |
|
109.014, Health and Safety Code, respectively. |
|
(47) Chapter 322, Health and Safety Code, as added by |
|
Chapter 934, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Chapter 323, Health and Safety Code, and Sections |
|
322.001, 322.002, 322.003, 322.004, 322.005, and 322.006, Health |
|
and Safety Code, as added by that Act, are renumbered as Sections |
|
323.001, 323.002, 323.003, 323.004, 323.005, and 323.006, Health |
|
and Safety Code, respectively. |
|
(48) Section 361.123, Health and Safety Code, as added |
|
by Chapter 582, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 361.124, Health and Safety Code. |
|
(49) Section 756.106, Health and Safety Code, as added |
|
by Chapter 1337, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 756.126, Health and Safety Code. |
|
(50) Subsection (bb), Section 32.024, Human Resources |
|
Code, as added by Chapter 1314, Acts of the 79th Legislature, |
|
Regular Session, 2005, is relettered as Subsection (cc), Section |
|
32.024, Human Resources Code. |
|
(51) Subchapter G, Chapter 544, Insurance Code, as |
|
added by Chapter 748, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subchapter J, Chapter 544, |
|
Insurance Code, and Sections 544.301, 544.302, and 544.303, |
|
Insurance Code, as added by that Act, are renumbered as Sections |
|
544.451, 544.452, and 544.453, Insurance Code, respectively. |
|
(52) Section 1551.219, Insurance Code, as added by |
|
Chapter 213, Acts of the 78th Legislature, Regular Session, 2003, |
|
is renumbered as Section 1551.224, Insurance Code. |
|
(53) Section 212.1335, Local Government Code, as added |
|
by Chapter 1044, Acts of the 78th Legislature, Regular Session, |
|
2003, is renumbered as Section 212.1535, Local Government Code. |
|
(54) Section 212.138, Local Government Code, as added |
|
by Chapter 1044, Acts of the 78th Legislature, Regular Session, |
|
2003, is renumbered as Section 212.158, Local Government Code. |
|
(55) Section 214.904, Local Government Code, as added |
|
by Chapter 1103, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 214.905, Local Government Code. |
|
(56) Section 230.007, Local Government Code, as added |
|
by Chapter 1399, Acts of the 77th Legislature, Regular Session, |
|
2001, is renumbered as Section 212.157, Local Government Code. |
|
(57) Section 301.353, Occupations Code, as added by |
|
Chapter 966, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 301.354, Occupations Code. |
|
(58) Section 562.111, Occupations Code, as added by |
|
Section 22, Chapter 1345, Acts of the 79th Legislature, Regular |
|
Session, 2005, is renumbered as Section 562.112, Occupations Code. |
|
(58-a) Subdivision (1-a), Section 1702.002, |
|
Occupations Code, as added by Chapter 10, Acts of the 78th |
|
Legislature, 3rd Called Session, 2003, is renumbered as Subdivision |
|
(1-b), Section 1702.002, Occupations Code. |
|
(59) Section 1702.331, Occupations Code, as added by |
|
Chapter 207, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 1702.332, Occupations Code. |
|
(60) Section 62.002, Parks and Wildlife Code, as added |
|
by Chapter 1002, Acts of the 79th Legislature, Regular Session, |
|
2005, is renumbered as Section 62.0061, Parks and Wildlife Code. |
|
(61) Subsections (g) and (h), Section 30.05, Penal |
|
Code, as added by Chapter 1093, Acts of the 79th Legislature, |
|
Regular Session, 2005, are relettered as Subsections (i) and (j), |
|
Section 30.05, Penal Code, respectively. |
|
(62) Subsection (i), Section 46.15, Penal Code, as |
|
added by Chapter 976, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (j), Section 46.15, |
|
Penal Code. |
|
(63) Section 5.014, Property Code, as added by Chapter |
|
825, Acts of the 79th Legislature, Regular Session, 2005, is |
|
renumbered as Section 5.015, Property Code. |
|
(64) Section 92.016, Property Code, as added by |
|
Chapter 1344, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 92.018, Property Code. |
|
(65) Chapter 9004, Special District Local Laws Code, |
|
as added by Chapter 729, Acts of the 79th Legislature, Regular |
|
Session, 2005, is renumbered as Chapter 9010, Special District |
|
Local Laws Code, and Sections 9004.001, 9004.002, 9004.003, |
|
9004.004, 9004.051, 9004.052, 9004.053, 9004.054, and 9004.055, |
|
Special District Local Laws Code, as added by that Act, are |
|
renumbered as Sections 9010.001, 9010.002, 9010.003, 9010.004, |
|
9010.051, 9010.052, 9010.053, 9010.054, and 9010.055, Special |
|
District Local Laws Code, respectively. |
|
(66) Subsection (g), Section 32.065, Tax Code, as |
|
added by Chapter 1126, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (h), Section 32.065, Tax |
|
Code. |
|
(67) Section 201.617, Transportation Code, as added by |
|
Chapter 474, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 201.619, Transportation Code. |
|
(68) Subsection (a), Section 225.059, Transportation |
|
Code, as added by Chapter 286, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (a-1), Section 225.059, |
|
Transportation Code. |
|
(69) Section 225.059, Transportation Code, as added by |
|
Chapter 851, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 225.060, Transportation Code. |
|
(70) Section 225.059, Transportation Code, as added by |
|
Chapter 1263, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 225.062, Transportation Code. |
|
(71) Section 225.059, Transportation Code, as added by |
|
Chapter 1283, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 225.063, Transportation Code. |
|
(72) Section 225.059, Transportation Code, as added by |
|
Chapter 651, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 225.064, Transportation Code. |
|
(73) Section 225.059, Transportation Code, as added by |
|
Chapter 546, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 225.065, Transportation Code. |
|
(74) Section 284.011, Transportation Code, as added by |
|
Chapter 877, Acts of the 79th Legislature, Regular Session, 2005, |
|
is renumbered as Section 284.013, Transportation Code. |
|
(75) Subsection (c), Section 472.032, Transportation |
|
Code, as added by Chapter 565, Acts of the 79th Legislature, Regular |
|
Session, 2005, is relettered as Subsection (d), Section 472.032, |
|
Transportation Code. |
|
SECTION 17.002. The following reference changes are made to |
|
conform the provisions amended to the renumbering changes made by |
|
Section 17.001 of this Act: |
|
(1) Subsection (g), Article 18.18, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
(g) For purposes of this article: |
|
(1) "criminal instrument" has the meaning defined in |
|
the Penal Code; |
|
(2) "gambling device or equipment, altered gambling |
|
equipment or gambling paraphernalia" has the meaning defined in the |
|
Penal Code; |
|
(3) "prohibited weapon" has the meaning defined in the |
|
Penal Code; |
|
(4) "dog-fighting equipment" means: |
|
(A) equipment used for training or handling a |
|
fighting dog, including a harness, treadmill, cage, decoy, pen, |
|
house for keeping a fighting dog, feeding apparatus, or training |
|
pen; |
|
(B) equipment used for transporting a fighting |
|
dog, including any automobile, or other vehicle, and its |
|
appurtenances which are intended to be used as a vehicle for |
|
transporting a fighting dog; |
|
(C) equipment used to promote or advertise an |
|
exhibition of dog fighting, including a printing press or similar |
|
equipment, paper, ink, or photography equipment; or |
|
(D) a dog trained, being trained, or intended to |
|
be used to fight with another dog; |
|
(5) "obscene device" and "obscene" have the meanings |
|
assigned by Section 43.21, Penal Code; |
|
(6) "re-encoder" has the meaning assigned by Section |
|
35.60 [35.58], Business & Commerce Code; |
|
(7) "scanning device" has the meaning assigned by |
|
Section 35.60 [35.58], Business & Commerce Code; and |
|
(8) "obscene material" and "child pornography" |
|
include digital images and the media and equipment on which those |
|
images are stored. |
|
(2) Subsection (a), Section 32.261, Education Code, as |
|
renumbered from Section 32.161, Education Code, by this article, is |
|
amended to read as follows: |
|
(a) The agency may not use general revenue funds to pay the |
|
costs of developing, administering, and maintaining the portal. |
|
The agency may use amounts available to the agency from: |
|
(1) gifts, grants, or donations; |
|
(2) vendor payments described by Section 32.260(b) |
|
[32.160(b)]; or |
|
(3) arrangements with nonprofit or private entities |
|
approved by the agency. |
|
(3) Subsections (a) and (b), Section 420.072, |
|
Government Code, as renumbered from Section 44.072, Health and |
|
Safety Code, by this article, are amended to read as follows: |
|
(a) A communication or record that is confidential under |
|
this subchapter may be disclosed in court or in an administrative |
|
proceeding if: |
|
(1) the proceeding is brought by the survivor against |
|
an advocate or a sexual assault program or is a criminal proceeding |
|
or a certification revocation proceeding in which disclosure is |
|
relevant to the claims or defense of the advocate or sexual assault |
|
program; or |
|
(2) the survivor or a person authorized to act on |
|
behalf of the survivor consents in writing to the release of the |
|
confidential information as provided by Section 420.073 [44.073]. |
|
(b) A communication or record that is confidential under |
|
this subchapter may be disclosed only to: |
|
(1) medical or law enforcement personnel if the |
|
advocate determines that there is a probability of imminent |
|
physical danger to any person for whom the communication or record |
|
is relevant or if there is a probability of immediate mental or |
|
emotional injury to the survivor; |
|
(2) a governmental agency if the disclosure is |
|
required or authorized by law; |
|
(3) a qualified person to the extent necessary for a |
|
management audit, financial audit, program evaluation, or |
|
research, except that a report of the research, audit, or |
|
evaluation may not directly or indirectly identify a survivor; |
|
(4) a person who has the written consent of the |
|
survivor or of a person authorized to act on the survivor's behalf |
|
as provided by Section 420.073 [44.073]; or |
|
(5) an advocate or a person under the supervision of a |
|
counseling supervisor who is participating in the evaluation or |
|
counseling of or advocacy for the survivor. |
|
(4) Subsection (b), Section 490A.004, Government |
|
Code, as renumbered from Section 490.004, Government Code, by this |
|
article, is amended to read as follows: |
|
(b) The advisory board consists of one representative from |
|
each of the founding members of the network under Section |
|
490A.003(a) [490.003(a)] and at least one member from the private |
|
sector. An organization other than a founding member of the network |
|
under Section 490A.003(a) [490.003(a)] may have a representative on |
|
the advisory board only if the creation of an additional seat on the |
|
board is authorized by a two-thirds majority vote of the existing |
|
board. |
|
(5) Subsection (a), Section 490A.005, Government |
|
Code, as renumbered from Section 490.005, Government Code, by this |
|
article, is amended to read as follows: |
|
(a) The network shall train and refocus existing state and |
|
local resources to build a more prosperous, dynamic, and |
|
sustainable economy throughout this state by: |
|
(1) providing coordinated training and services that |
|
enhance the value of the state's existing infrastructure |
|
investments and make the investments available to entrepreneur |
|
participants; |
|
(2) developing a statewide network of |
|
entrepreneurship developers and entrepreneurship centers as |
|
provided by Section 490A.006 [490.006]; |
|
(3) developing a comprehensive network of knowledge, |
|
leadership, and financial capital resources accessible through the |
|
network's entrepreneurship developers and entrepreneurship |
|
centers; |
|
(4) educating entrepreneur participants and |
|
generating awareness of the network and its programs; |
|
(5) identifying the most promising ventures through |
|
activities, including business-plan competitions, and assisting |
|
the ventures' potential for job and wealth creation; |
|
(6) developing evaluation methods to measure the |
|
effectiveness of the network and the impact of entrepreneurship on |
|
local and regional economies; |
|
(7) developing best practices for successful |
|
entrepreneurship and applied research regarding critical success |
|
factors for entrepreneurial businesses to provide a strategic |
|
competitive advantage for businesses in this state; and |
|
(8) collaborating with existing local, state, and |
|
federal agencies and economic development professionals to use the |
|
strengths and assets of the agencies and professionals. |
|
(6) Subsection (c), Section 490A.008, Government |
|
Code, as renumbered from Section 490.008, Government Code, by this |
|
article, is amended to read as follows: |
|
(c) The fund may be used only for network purposes, subject |
|
to Section 490A.009 [490.009]. |
|
(7) Subsection (g), Section 531.164, Government Code, |
|
is amended to read as follows: |
|
(g) If a child's parent or guardian does not respond to a |
|
notice under Subsection (e) or (f), the ICF-MR or nursing facility, |
|
as applicable, must attempt to locate the parent or guardian by |
|
contacting another person whose information was provided by the |
|
parent or guardian under Section 531.1533(1)(B) [531.1532(1)(B)]. |
|
(8) Subsection (c), Section 2306.585, Government |
|
Code, is amended to read as follows: |
|
(c) The advisory committee shall advise the colonia |
|
initiatives coordinator as provided by Section 775.005 [775.004]. |
|
(9) Subsection (e), Section 109.010, Health and Safety |
|
Code, as renumbered from Section 113.010, Health and Safety Code, |
|
by this article, is amended to read as follows: |
|
(e) The report submitted under Subsection (d) must include |
|
recommendations from the partnership and any other advisory body |
|
formed under Section 109.003 [113.003]. |
|
(10) Subsection (a), Section 323.002, Health and |
|
Safety Code, as renumbered from Section 322.002, Health and Safety |
|
Code, by this article, is amended to read as follows: |
|
(a) At the request of the department, a health care facility |
|
shall submit to the department for approval a plan for providing the |
|
services required by Section 323.004 [322.004] to sexual assault |
|
survivors who arrive for treatment at the emergency department of |
|
the health care facility. |
|
(11) Subsection (a), Section 323.003, Health and |
|
Safety Code, as renumbered from Section 322.003, Health and Safety |
|
Code, by this article, is amended to read as follows: |
|
(a) If a plan required under Section 323.002 [322.002] is |
|
not approved, the department shall: |
|
(1) return the plan to the health care facility; and |
|
(2) identify the specific provisions under Section |
|
323.004 [322.004] with which the plan conflicts or does not comply. |
|
(12) Subsection (b), Section 323.004, Health and |
|
Safety Code, as renumbered from Section 322.004, Health and Safety |
|
Code, by this article, is amended to read as follows: |
|
(b) A health care facility providing care to a sexual |
|
assault survivor shall provide the survivor with: |
|
(1) a forensic medical examination in accordance with |
|
Subchapter B, Chapter 420, Government Code, if the examination has |
|
been approved by a law enforcement agency; |
|
(2) a private area, if available, to wait or speak with |
|
the appropriate medical, legal, or sexual assault crisis center |
|
staff or volunteer until a physician, nurse, or physician assistant |
|
is able to treat the survivor; |
|
(3) access to a sexual assault program advocate, if |
|
available, as provided by Article 56.045, Code of Criminal |
|
Procedure; |
|
(4) the information form required by Section 323.005 |
|
[322.005]; |
|
(5) a private treatment room, if available; |
|
(6) if indicated by the history of contact, access to |
|
appropriate prophylaxis for exposure to sexually transmitted |
|
infections; and |
|
(7) the name and telephone number of the nearest |
|
sexual assault crisis center. |
|
(13) Subsection (j), Section 30.05, Penal Code, as |
|
relettered from Subsection (h), Section 30.05, Penal Code, by this |
|
article, is amended to read as follows: |
|
(h) For purposes of Subsection (i) [(g)], "recognized |
|
state" means another state with which the attorney general of this |
|
state, with the approval of the governor of this state, negotiated |
|
an agreement after determining that the other state: |
|
(1) has firearm proficiency requirements for peace |
|
officers; and |
|
(2) fully recognizes the right of peace officers |
|
commissioned in this state to carry weapons in the other state. |
|
SECTION 17.003. If the number, letter, or designation |
|
assigned by Section 17.001 of this Act conflicts with a number, |
|
letter, or designation assigned by another Act of the 80th |
|
Legislature: |
|
(1) the other Act controls, and the change made by |
|
Section 17.001 of this Act has no effect; and |
|
(2) any cross-reference change made by Section 17.002 |
|
of this Act to conform to that change made by Section 17.001 of this |
|
Act has no effect. |
|
ARTICLE 18. EFFECTIVE DATE |
|
SECTION 18.001. This Act takes effect September 1, 2007. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 3167 was passed by the House on April |
|
12, 2007, by the following vote: Yeas 143, Nays 0, 1 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 3167 was passed by the Senate on May |
|
15, 2007, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |