H.B. No. 3167
 
 
 
 
AN ACT
  relating to nonsubstantive additions to and corrections in enacted
  codes, to the nonsubstantive codification or disposition of various
  laws omitted from enacted codes, and to conforming codifications
  enacted by the 79th Legislature to other Acts of that legislature.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
  ARTICLE 1. GENERAL PROVISIONS
         SECTION 1.001.  This Act is enacted as part of the state's
  continuing statutory revision program under Chapter 323,
  Government Code. This Act is a revision for purposes of Section 43,
  Article III, Texas Constitution, and has the purposes of:
               (1)  codifying without substantive change or providing
  for other appropriate disposition of various statutes that were
  omitted from enacted codes;
               (2)  conforming codifications enacted by the 79th
  Legislature to other Acts of that legislature that amended the laws
  codified or added new law to subject matter codified;
               (3)  making necessary corrections to enacted
  codifications; and
               (4)  renumbering titles, chapters, and sections of
  codes that duplicate title, chapter, or section numbers.
         SECTION 1.002.  (a) The repeal of a statute by this Act does
  not affect an amendment, revision, or reenactment of the statute by
  the 80th Legislature, Regular Session, 2007. The amendment,
  revision, or reenactment is preserved and given effect as part of
  the code provision that revised the statute so amended, revised, or
  reenacted.
         (b)  If any provision of this Act conflicts with a statute
  enacted by the 80th Legislature, Regular Session, 2007, the statute
  controls.
         SECTION 1.003.  (a) A transition or saving provision of a
  law codified by this Act applies to the codified law to the same
  extent as it applied to the original law.
         (b)  The repeal of a transition or saving provision by this
  Act does not affect the application of the provision to the codified
  law.
         (c)  In this section, "transition provision" includes any
  temporary provision providing for a special situation in the
  transition period between the existing law and the establishment or
  implementation of the new law.
  ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE
         SECTION 2.001.  Sections 301.104, 301.108, and 301.258,
  Agriculture Code, as added by Chapter 1276, Acts of the 78th
  Legislature, Regular Session, 2003, are repealed to conform to the
  repeal of the law from which those sections were derived by Section
  21.013, Chapter 816, Acts of the 78th Legislature, Regular Session,
  2003.
  ARTICLE 2A.  CHANGES RELATING TO BUSINESS & COMMERCE CODE
         SECTION 2A.001.  Section 17.08(a)(5), Business & Commerce
  Code, is amended to correct a reference to read as follows:
               (5)  "State seal" means the state seal, the reverse of
  the state seal, and the state arms as defined by Sections 3101.001
  and 3101.002, Government Code [Article 6139f, Revised Statutes].
  ARTICLE 3.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
         SECTION 3.001.  Article 45.051(f), Code of Criminal
  Procedure, as amended by Chapters 281 and 357, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  correct a reference to read as follows:
         (f)  This article does not apply to:
               (1)  an offense to which Section 542.404 [or
  729.004(b)], Transportation Code, applies; or
               (2)  a violation of a state law or local ordinance
  relating to motor vehicle control, other than a parking violation,
  committed by a person who:
                     (A)  holds a commercial driver's license; or
                     (B)  held a commercial driver's license when the
  offense was committed.
         SECTION 3.002.  (a)  Article 62.001(5), Code of Criminal
  Procedure, as renumbered from former Article 62.01(5), Code of
  Criminal Procedure, and amended by Chapter 1008, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  conform to an amendment to former Article 62.01(5) by Chapter 1273,
  Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
               (5)  "Reportable conviction or adjudication" means a
  conviction or adjudication, including an adjudication of
  delinquent conduct or a deferred adjudication, that, regardless of
  the pendency of an appeal, is a conviction for or an adjudication
  for or based on:
                     (A)  a violation of Section 21.11 (Indecency with
  a child), 22.011 (Sexual assault), 22.021 (Aggravated sexual
  assault), or 25.02 (Prohibited sexual conduct), Penal Code;
                     (B)  a violation of Section 43.05 (Compelling
  prostitution), 43.25 (Sexual performance by a child), or 43.26
  (Possession or promotion of child pornography), Penal Code;
                     (C)  a violation of Section 20.04(a)(4)
  (Aggravated kidnapping), Penal Code, if the actor committed the
  offense or engaged in the conduct with intent to violate or abuse
  the victim sexually;
                     (D)  a violation of Section 30.02 (Burglary),
  Penal Code, if the offense or conduct is punishable under
  Subsection (d) of that section and the actor committed the offense
  or engaged in the conduct with intent to commit a felony listed in
  Paragraph (A) or (C);
                     (E)  a violation of Section 20.02 (Unlawful
  restraint), 20.03 (Kidnapping), or 20.04 (Aggravated kidnapping),
  Penal Code, if, as applicable:
                           (i)  the judgment in the case contains an
  affirmative finding under Article 42.015; or
                           (ii)  the order in the hearing or the papers
  in the case contain an affirmative finding that the victim or
  intended victim was younger than 17 years of age;
                     (F)  the second violation of Section 21.08
  (Indecent exposure), Penal Code, but not if the second violation
  results in a deferred adjudication;
                     (G)  an attempt, conspiracy, or solicitation, as
  defined by Chapter 15, Penal Code, to commit an offense or engage in
  conduct listed in Paragraph (A), (B), (C), (D), or (E);
                     (H)  a violation of the laws of another state,
  federal law, the laws of a foreign country, or the Uniform Code of
  Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of an offense listed under Paragraph (A), (B), (C), (D), (E), [or]
  (G), or (J), but not if the violation results in a deferred
  adjudication; [or]
                     (I)  the second violation of the laws of another
  state, federal law, the laws of a foreign country, or the Uniform
  Code of Military Justice for or based on the violation of an offense
  containing elements that are substantially similar to the elements
  of the offense of indecent exposure, but not if the second violation
  results in a deferred adjudication; or
                     (J)  a violation of Section 33.021 (Online
  solicitation of a minor), Penal Code.
         (b)  Section 2, Chapter 1273, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subdivision (5),
  Article 62.01, Code of Criminal Procedure, is repealed.
  ARTICLE 4.  CHANGES RELATING TO EDUCATION CODE
         SECTION 4.001.  Section 7.005, Education Code, is amended to
  correct a cross-reference to read as follows:
         Sec. 7.005.  COOPERATION BETWEEN STATE AGENCIES OF
  EDUCATION. The State Board of Education and the Texas Higher
  Education Coordinating Board, in conjunction with other
  appropriate agencies, shall ensure that long-range plans and
  educational programs established by each board provide a
  comprehensive education for the students of this state under the
  jurisdiction of that board, extending from early childhood
  education through postgraduate study. In assuring that programs
  are coordinated, the boards shall use the P-16 Council established
  under Section 61.076 [61.077].
         SECTION 4.002.  The heading to Section 21.035, Education
  Code, is amended to conform to Section 1.04(a), Chapter 1227, Acts
  of the 79th Legislature, Regular Session, 2005, to read as follows:
         Sec. 21.035.  ADMINISTRATION BY AGENCY [APPLICATION OF
  SUNSET ACT].
         SECTION 4.003.  Section 25.086(a), Education Code, as
  amended by Chapters 377, 887, and 1339, Acts of the 79th
  Legislature, Regular Session, 2005, is reenacted and amended to
  read as follows:
         (a)  A child is exempt from the requirements of compulsory
  school attendance if the child:
               (1)  attends a private or parochial school that
  includes in its course a study of good citizenship;
               (2)  is eligible to participate in a school district's
  special education program under Section 29.003 and cannot be
  appropriately served by the resident district;
               (3)  has a physical or mental condition of a temporary
  and remediable nature that makes the child's attendance infeasible
  and holds a certificate from a qualified physician specifying the
  temporary condition, indicating the treatment prescribed to remedy
  the temporary condition, and covering the anticipated period of the
  child's absence from school for the purpose of receiving and
  recuperating from that remedial treatment;
               (4)  is expelled in accordance with the requirements of
  law in a school district that does not participate in a mandatory
  juvenile justice alternative education program under Section
  37.011;
               (5)  is at least 17 years of age and:
                     (A)  is attending a course of instruction to
  prepare for the high school equivalency examination, and:
                           (i)  has the permission of the child's parent
  or guardian to attend the course;
                           (ii)  is required by court order to attend
  the course;
                           (iii)  has established a residence separate
  and apart from the child's parent, guardian, or other person having
  lawful control of the child; or
                           (iv)  is homeless as defined by 42 U.S.C.
  Section 11302; or
                     (B)  has received a high school diploma or high
  school equivalency certificate;
               (6)  is at least 16 years of age and is attending a
  course of instruction to prepare for the high school equivalency
  examination, if:
                     (A)  the child is recommended to take the course
  of instruction by a public agency that has supervision or custody of
  the child under a court order; or
                     (B)  the child is enrolled in a Job Corps training
  program under the Workforce Investment Act of 1998 (29 U.S.C.
  Section 2801 et seq.);
                     [(B)     the child is enrolled in a Job Corps
  training program under 29 U.S.C. Section 2881 et seq.;]
               (7)  is at least 16 years of age and is enrolled in a
  high school diploma program under Chapter 18;
               (8) [(7)]  is enrolled in the Texas Academy of
  Mathematics and Science under Subchapter G, Chapter 105;
               (9) [(8)]  is enrolled in the Texas Academy of
  Leadership in the Humanities;
               (10) [(9)]  is enrolled in the Texas Academy of
  Mathematics and Science at The University of Texas at Brownsville;
               (11) [(9)]  is enrolled in the Texas Academy of
  International Studies; or
               (12) [(10)]  is specifically exempted under another
  law.
         SECTION 4.004.  Section 28.024, Education Code, as amended
  by Chapters 887 and 1339, Acts of the 79th Legislature, Regular
  Session, 2005, is reenacted and amended to read as follows:
         Sec. 28.024.  CREDIT FOR ENROLLMENT IN CERTAIN ACADEMIES.  A
  school district shall grant to a student credit toward the academic
  course requirements for high school graduation, up to a maximum of
  two years of credit, for courses the student successfully completes
  at:
               (1)  the Texas Academy of Leadership in the Humanities
  under Section 96.707;
               (2)  the Texas Academy of Mathematics and Science under
  Subchapter G, Chapter 105; [or]
               (3)  the Texas Academy of Mathematics and Science under
  Section 78.10; or
               (4) [(3)]  the Texas Academy of International Studies
  under Section 87.505.
         SECTION 4.005.  Section 29.161(a), Education Code, is
  amended to correct a cross-reference to read as follows:
         (a)  The State Center for Early Childhood Development, in
  conjunction with the P-16 Council established under Section 61.076
  [61.077], shall develop and adopt a school readiness certification
  system for use in certifying the effectiveness of prekindergarten
  programs, Head Start and Early Head Start programs,
  government-subsidized child-care programs provided by nonprofit or
  for-profit entities, government-subsidized faith-based child-care
  programs, and other government-subsidized child-care programs in
  preparing children for kindergarten. The system shall be made
  available on a voluntary basis to program providers seeking to
  obtain certification as evidence of the quality of the program
  provided.
         SECTION 4.006.  Section 29.908(b-2), Education Code, is
  amended to correct a cross-reference to read as follows:
         (b-2)  The P-16 Council established under Section 61.076
  [61.077] shall provide guidance in case of any conflict that arises
  between parties to an articulation agreement under Subsection
  (b)(3).
         SECTION 4.007.  Section 32.153(d), Education Code, as added
  by Chapter 1216, Acts of the 78th Legislature, Regular Session,
  2003, is amended to correct references to read as follows:
         (d)  The P-16 Council [joint advisory committee] established
  under Section 61.076 [61.077, or any successor to that committee
  with advisory responsibility for coordination between secondary
  and postsecondary education,] shall serve in an advisory capacity
  to the agency and the Department of Information Resources in
  connection with functions relating to the portal.
         SECTION 4.008.  Section 38.016(e), Education Code, is
  amended to correct a reference to read as follows:
         (e)  An act in violation of Subsection (b) does not override
  the immunity from personal liability granted in Section 22.0511
  [22.051] or other law or the district's sovereign and governmental
  immunity.
         SECTION 4.009.  The heading to Section 39.132, Education
  Code, is amended to more accurately reflect the substance of that
  section to read as follows:
         Sec. 39.132.  SANCTIONS FOR ACADEMICALLY UNACCEPTABLE [AND
  CERTAIN OTHER] CAMPUSES.
         SECTION 4.010.  Section 61.076, Education Code, is amended
  by adding Subsection (h) to read as follows:
         (h)  The council, in conjunction with the State Center for
  Early Childhood Development, shall develop and adopt a school
  readiness certification system as required by Section 29.161.
         SECTION 4.011.  Section 61.077, Education Code, is repealed.
  ARTICLE 5.  CHANGES RELATING TO ELECTION CODE
         SECTION 5.001.  Section 42.006(d), Election Code, as amended
  by Chapter 742, Acts of the 79th Legislature, Regular Session,
  2005, is repealed to conform to Chapter 1107, Acts of the 79th
  Legislature, Regular Session, 2005.
         SECTION 5.002.  (a)  Section 501.032(a), Election Code, as
  added by Section 1, Chapter 975, Acts of the 79th Legislature,
  Regular Session, 2005, is amended to conform to Section 1, Chapter
  890, Acts of the 79th Legislature, Regular Session, 2005, to read as
  follows:
         (a)  The commissioners court, at its next regular session on
  or after the 30th day after the date the petition is filed, shall
  order a local option election to be held on the issue set out in the
  petition if the petition is filed with the voter registrar not later
  than the 60th day after the date the petition is issued and bears
  the actual signatures of a number of qualified voters of the
  political subdivision equal to at least:
               (1)  35 percent of the registered voters in the
  subdivision who voted in the most recent gubernatorial election for
  a ballot issue that permits voting for or against:
                     (A)  "The legal sale of all alcoholic beverages
  for off-premise consumption only.";
                     (B)  "The legal sale of all alcoholic beverages
  except mixed beverages.";
                     (C)  "The legal sale of all alcoholic beverages
  including mixed beverages."; or
                     (D)  "The legal sale of mixed beverages.";
               (2)  25 percent of the registered voters in the
  political subdivision who voted in the most recent general election
  for a ballot issue that permits voting for or against "The legal
  sale of wine on the premises of a holder of a winery permit."; or
               (3)  35 percent of the registered voters in the
  political subdivision who voted in the most recent gubernatorial
  election for an election on any other ballot issue.
         (b)  Section 1, Chapter 890, Acts of the 79th Legislature,
  Regular Session, 2005, which amended former Subsection (a), Section
  251.11, Alcoholic Beverage Code, is repealed.
         SECTION 5.003.  (a)  Section 501.035, Election Code, as
  added by Section 1, Chapter 975, Acts of the 79th Legislature,
  Regular Session, 2005, is amended to conform to Section 2, Chapter
  890, Acts of the 79th Legislature, Regular Session, 2005, by adding
  Subsection (h) to read as follows:
         (h)  Subject to Section 251.81, Alcoholic Beverage Code, a
  wine only package store permit may be issued for premises in an area
  in which the sale of wine has been legalized by a local option
  election under Subsection (b)(3) or (4).
         (b)  Section 2, Chapter 890, Acts of the 79th Legislature,
  Regular Session, 2005, which added Subsection (d) to former Section
  251.14, Alcoholic Beverage Code, is repealed.
  ARTICLE 6.  CHANGES RELATING TO FINANCE CODE
         SECTION 6.001.  Section 232.002, Family Code, is amended to
  read as follows:
         Sec. 232.002.  LICENSING AUTHORITIES SUBJECT TO CHAPTER. The
  following are licensing authorities subject to this chapter:
               (1)  Department of Agriculture;
               (2)  Texas Alcoholic Beverage Commission;
               (3)  Texas Appraiser Licensing and Certification
  Board;
               (4)  Texas Board of Architectural Examiners;
               (5)  Texas Board of Chiropractic Examiners;
               (6)  Comptroller of Public Accounts;
               (7)  Court Reporters Certification Board;
               (8)  State Board of Dental Examiners;
               (9)  Texas State Board of Examiners of Dietitians;
               (10)  Texas Funeral Service Commission;
               (11)  Department of State Health Services;
               (12)  Department of Aging and Disability Services;
               (13)  Texas Board of Professional Land Surveying;
               (14)  Texas Department of Licensing and Regulation;
               (15)  Texas State Board of Examiners of Marriage and
  Family Therapists;
               (16)  Texas State Board of Medical Examiners;
               (17)  Midwifery Board;
               (18)  Texas Commission on Environmental Quality;
               (19)  Board of Nurse Examiners;
               (20)  Texas Board of Occupational Therapy Examiners;
               (21)  Texas Optometry Board;
               (22)  Parks and Wildlife Department;
               (23)  Texas State Board of Examiners of Perfusionists;
               (24)  Texas State Board of Pharmacy;
               (25)  Texas Board of Physical Therapy Examiners;
               (26)  Texas State Board of Plumbing Examiners;
               (27)  Texas State Board of Podiatric Medical Examiners;
               (28)  Polygraph Examiners Board;
               (29)  Texas Private Security Board;
               (30)  Texas State Board of Examiners of Professional
  Counselors;
               (31)  Texas Board of Professional Engineers;
               (32)  Department of Family and Protective Services;
               (33)  Texas State Board of Examiners of Psychologists;
               (34)  Texas State Board of Public Accountancy;
               (35)  Department of Public Safety of the State of
  Texas;
               (36)  Public Utility Commission of Texas;
               (37)  Railroad Commission of Texas;
               (38)  Texas Real Estate Commission;
               (39)  State Bar of Texas;
               (40)  Texas State Board of Social Worker Examiners;
               (41)  State Board of Examiners for Speech-Language
  Pathology and Audiology;
               (42)  Texas Structural Pest Control Board;
               (43)  Board of Tax Professional Examiners;
               (44)  Secretary of State;
               (45)  Supreme Court of Texas;
               (46)  Texas Transportation Commission;
               (47)  State Board of Veterinary Medical Examiners;
               (48)  Texas Ethics Commission;
               (49)  Advisory Board of Athletic Trainers;
               (50)  State Committee of Examiners in the Fitting and
  Dispensing of Hearing Instruments;
               (51)  Texas Board of Licensure for Professional Medical
  Physicists;
               (52)  Texas Department of Insurance;
               (53)  Texas Board of Orthotics and Prosthetics;
               (54)  savings and mortgage lending [loan]
  commissioner;
               (55)  Texas Juvenile Probation Commission; and
               (56)  Texas Lottery Commission under Chapter 466,
  Government Code.
         SECTION 6.002.  Section 11.001(b), Finance Code, is amended
  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
  [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
  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).
  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
  (e)(2)(A).
         SECTION 6.005.  Section 11.103(b), Finance Code, is amended
  to read as follows:
         (b)  If the banking commissioner, savings and mortgage
  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;
               (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