81(R) SB 1969 - Enrolled version



	S.B. No. 1969

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, to conforming codifications

enacted by the 80th Legislature to other Acts of that legislature,

and to the repeal of certain unconstitutional laws.

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 80th

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;

(4) repealing various civil statutes appellate courts

have held to be unconstitutional; and

(5) 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 81st Legislature, Regular Session, 2009. 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 81st Legislature, Regular Session, 2009, 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.

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. Section 2.003(a), Agriculture Code, is

amended to correct an error in punctuation to read as follows:

(a) The agricultural policy of this state must consider and

address:

(1) water availability issues, including planning for

water supplies and drought preparedness and response, by ensuring

that a high priority is assigned to the agricultural use of water;

(2) transportation issues, by ensuring an efficient

and well-maintained farm-to-market road system and intermodal

transportation to provide adequate transportation for agricultural

products at competitive rates;

(3) state regulatory issues, by ensuring the

efficiency and profitability of agricultural enterprises while at

the same time protecting the health, safety, and welfare of

agricultural workers and citizens of this state;[.]

(4) state tax policy, by encouraging tax policy that

promotes the agriculture industry, including production and

processing;

(5) the availability of capital, including state loans

or grants authorized by Section 52-a, Article III, Texas

Constitution, by facilitating access to capital through loans and

grants authorized by the Texas Constitution for agricultural

producers who have established or intend to establish agricultural

operations in Texas;

(6) the promotion of Texas agricultural products, by

promoting the orderly and efficient marketing of agricultural

commodities and enhancing and expanding sales of Texas raw and

processed agricultural products in local, domestic, and foreign

markets;

(7) eradication, control, or exclusion of:

(A) injurious pests and diseases that affect

crops and livestock; and

(B) noxious plant and brush species;

(8) research and education efforts, including

financial risk management, consumer education, and education in the

public schools, by encouraging promotional and educational

programs involving all segments of agriculture and maintaining a

solid foundation of stable and long-term support for food and

agricultural research while improving accountability and gathering

public input concerning research;

(9) promotion of efficient utilization of soil and

water resources, by encouraging efforts to sustain the long-term

productivity of landowners by conserving and protecting the basic

resources of agriculture, including soil, water, and air, while

working within federal mandates relating to natural resources;

(10) rural economic and infrastructure development,

by enhancing, protecting, and encouraging the production of food

and other agricultural products;

(11) protection of property rights and the right to

farm, by promoting and protecting agricultural activities that are

established before nonagricultural activities located near the

agricultural activities and are reasonable and consistent with good

agricultural practices;

(12) preservation of farmland, ranchland, timberland,

and other land devoted to agricultural purposes, by encouraging the

development and improvement of the land for the production of food

and other agricultural products consistent with the philosophy of a

private property rights state;

(13) food safety, by continuing to support production

of the safest food in the world with regulations based on sound

scientific evidence;

(14) efforts to participate in the formulation of

federal programs and policies, by actively addressing the

development of federal policy that affects this state;

(15) promotion of rural fire service, by seeking

opportunities to improve the sustainability and effectiveness of

rural fire service for the protection of the general public and

natural resources; and

(16) promotion of value-added agricultural

enterprises, by promoting efforts to increase the value of Texas

agricultural products through processing, management practices, or

other procedures that add consumer benefits to agricultural goods.

SECTION 2.002. Section 58.039, Agriculture Code, as added

by Section 1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th

Legislature, 2nd Called Session, 1987, and Section 58.039,

Agriculture Code, as added by Section 1, Chapter 1247 (H.B. 1111),

Acts of the 71st Legislature, Regular Session, 1989, are reenacted

and amended to consolidate the two versions of Section 58.039 and to

correct a typographical error to read as follows:

Sec. 58.039. REVIEW BOARD. (a) The bond review board is

composed of:

(1) the governor;

(2) the lieutenant governor;

(3) the speaker of the house of representatives; and

(4) the comptroller of public accounts.

(b) The governor is chairman of the review board.

of bonds under this chapter may not be used to finance a program

unless the issuance or [of] program, as applicable, has been

reviewed and approved by the review board.

(d) The review board may adopt rules governing application

for review, the review process, and reporting requirements.

(e) A member of the review board may not be held liable for

damages resulting from the performance of the members' functions

under this chapter.

SECTION 2.003. Section 143.021(a), Agriculture Code, is

amended to correct a typographical error to read as follows:

(a) In accordance with this section, the freeholders of a

county or an area within a county may petition the commissioners

[~~commissions~~] court to conduct an election for the purpose of

determining if horses, mules, jacks, jennets, donkeys, hogs, sheep,

or goats are to be permitted to run at large in the county or area.

ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE

SECTION 3.001. Section 16.06, Alcoholic Beverage Code, is

amended to add a heading to read as follows:

Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE

EVALUATION ACTIVITIES. (a) For the purpose of participating in an

organized wine tasting, wine evaluation, wine competition, or

literary review, the holder of a winery permit may deliver wine

produced and manufactured by the holder to locations that are not

licensed under this code for the purpose of submitting the wine to

an evaluation at an organized wine tasting competition attended

primarily by unlicensed persons or by a wine reviewer whose reviews

are published if:

(1) no charge of any kind is made for the wine,

delivery, or attendance at the event; and

(2) the commission consents in writing to the

delivery.

(b) In connection with events authorized by Subsection (a)

of this section, the holder of the winery permit may dispense wine

to individuals attending the event and discuss with them the

manufacture and characteristics of the wine.

ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE

SECTION 4.001. (a) Title 4, Business & Commerce Code, is

amended to recodify Section 35.521, Business & Commerce Code, as

added by Section 1, Chapter 498 (S.B. 324), Acts of the 80th

Legislature, Regular Session, 2007, by adding Chapter 56 to read as

follows:

CHAPTER 56. AGREEMENT FOR PAYMENT OF CONSTRUCTION SUBCONTRACTOR

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 56.001. DEFINITIONS. In this chapter:

(1) "Contingent payee" means a party to a contract

with a contingent payment clause, other than an architect or

engineer, whose receipt of payment is conditioned on the contingent

payor's receipt of payment from another person.

(2) "Contingent payment clause" means a provision in a

contract for construction management, or for the construction of

improvements to real property or the furnishing of materials for

the construction, that provides that the contingent payor's receipt

of payment from another is a condition precedent to the obligation

of the contingent payor to make payment to the contingent payee for

work performed or materials furnished.

(3) "Contingent payor" means a party to a contract

with a contingent payment clause that conditions payment by the

party on the receipt of payment from another person.

(4) "Improvement" includes new construction,

remodeling, or repair.

(5) "Obligor" means the person obligated to make

payment to the contingent payor for an improvement.

(6) "Primary obligor" means the owner of the real

property to be improved or repaired under the contract, or the

contracting authority if the contract is for a public project. A

primary obligor may be an obligor.

Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN

CONTRACTS. This chapter does not apply to a contract that is solely

for:

(1) design services;

(2) the construction or maintenance of a road,

highway, street, bridge, utility, water supply project, water

plant, wastewater plant, water and wastewater distribution or

conveyance facility, wharf, dock, airport runway or taxiway,

drainage project, or related type of project associated with civil

engineering construction; or

(3) improvements to or the construction of a structure

that is a:

(A) detached single-family residence;

(B) duplex;

(D) quadruplex.

Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT

PROVISIONS. This chapter does not affect a provision that affects

the timing of a payment in a contract for construction management or

for the construction of improvements to real property if the

payment is to be made within a reasonable period.

Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not

waive this chapter by contract or other means. A purported waiver

of this chapter is void.

[Sections 56.005-56.050 reserved for expansion]

SUBCHAPTER B. CONTINGENT PAYMENT CLAUSE

Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT

CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its

surety may not enforce a contingent payment clause to the extent

that the obligor's nonpayment to the contingent payor is the result

of the contractual obligations of the contingent payor not being

met, unless the nonpayment is the result of the contingent payee's

failure to meet the contingent payee's contractual requirements.

Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING

NOTICE FROM CONTINGENT PAYEE. (a) Except as provided by

Subsection (d), a contingent payor or its surety may not enforce a

contingent payment clause as to work performed or materials

delivered after the contingent payor receives written notice from

the contingent payee objecting to the further enforceability of the

contingent payment clause as provided by this chapter and the

notice becomes effective as provided by Subsection (b). The

contingent payee may send written notice only after the 45th day

after the date the contingent payee submits a written request for

payment to the contingent payor that is in a form substantially in

accordance with the contingent payee's contract requirements for

the contents of a regular progress payment request or an invoice.

(b) For purposes of Subsection (a), the written notice

becomes effective on the latest of:

(1) the 10th day after the date the contingent payor

receives the notice;

(2) the eighth day after the date interest begins to

accrue against the obligor under:

(A) Section 28.004, Property Code, under a

contract for a private project governed by Chapter 28, Property

Code; or

(B) 31 U.S.C. Section 3903(a)(6), under a

contract for a public project governed by 40 U.S.C. Section 3131; or

(3) the 11th day after the date interest begins to

accrue against the obligor under Section 2251.025, Government Code,

under a contract for a public project governed by Chapter 2251,

Government Code.

(a) does not prevent enforcement of a contingent payment clause if:

(1) the obligor has a dispute under Chapter 28,

Property Code, Chapter 2251, Government Code, or 31 U.S.C. Chapter

39 as a result of the contingent payee's failure to meet the

contingent payee's contractual requirements; and

(2) the contingent payor gives notice in writing to

the contingent payee that the written notice given under Subsection

(a) does not prevent enforcement of the contingent payment clause

under this subsection and the contingent payee receives the notice

under this subdivision not later than the later of:

(A) the fifth day before the date the written

notice from the contingent payee under Subsection (a) becomes

effective under Subsection (b); or

(B) the fifth day after the date the contingent

payor receives the written notice from the contingent payee under

Subsection (a).

(d) A written notice given by a contingent payee under

Subsection (a) does not prevent the enforcement of a contingent

payment clause to the extent that the funds are not collectible as a

result of a primary obligor's successful assertion of a defense of

sovereign immunity, if the contingent payor has exhausted all of

its rights and remedies under its contract with the primary obligor

and under Chapter 2251, Government Code. This subsection does not:

(1) create or validate a defense of sovereign

immunity; or

(2) extend to a primary obligor a defense or right that

did not exist before September 1, 2007.

(e) On receipt of payment by the contingent payee of the

unpaid indebtedness giving rise to the written notice provided by

the contingent payee under Subsection (a), the contingent payment

clause is reinstated as to work performed or materials furnished

after the receipt of the payment, subject to the provisions of this

chapter.

Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE

OF SHAM RELATIONSHIP. A contingent payor or its surety may not

enforce a contingent payment clause if the contingent payor is in a

sham relationship with the obligor, as described by the sham

relationships in Section 53.026, Property Code.

Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF

UNCONSCIONABLE. (a) A contingent payor or its surety may not

enforce a contingent payment clause if the enforcement would be

unconscionable. The party asserting that a contingent payment

clause is unconscionable has the burden of proving that the clause

is unconscionable.

(b) The enforcement of a contingent payment clause is not

unconscionable if the contingent payor:

(1) proves that the contingent payor has exercised

diligence in ascertaining and communicating in writing to the

contingent payee, before the contract in which the contingent

payment clause has been asserted becomes enforceable against the

contingent payee, the financial viability of the primary obligor

and the existence of adequate financial arrangements to pay for the

improvements; and

(2) has done the following:

(A) made reasonable efforts to collect the amount

owed to the contingent payor; or

(B) made or offered to make, at a reasonable

time, an assignment by the contingent payor to the contingent payee

of a cause of action against the obligor for the amounts owed to the

contingent payee by the contingent payor and offered reasonable

cooperation to the contingent payee's collection efforts, if the

assigned cause of action is not subject to defenses caused by the

contingent payor's action or failure to act.

Subsection (b)(2)(B) is enforceable by a contingent payee against

an obligor or a primary obligor.

(d) A contingent payor is considered to have exercised

diligence for purposes of Subsection (b)(1) under a contract for a

private project governed by Chapter 53, Property Code, if the

contingent payee receives in writing from the contingent payor:

(1) the name, address, and business telephone number

of the primary obligor;

(2) a description, legally sufficient for

identification, of the property on which the improvements are being

constructed;

(3) the name and address of the surety on any payment

bond provided under Subchapter I, Chapter 53, Property Code, to

which any notice of claim should be sent;

(4) if a loan has been obtained for the construction of

improvements:

(A) a statement, furnished by the primary obligor

and supported by reasonable and credible evidence from all

applicable lenders, of the amount of the loan;

(B) a summary of the terms of the loan;

default of the primary obligor; and

(D) the name, address, and business telephone

number of the borrowers and lenders; and

(5) a statement, furnished by the primary obligor and

supported by reasonable and credible evidence from all applicable

banks or other depository institutions, of the amount, source, and

location of funds available to pay the balance of the contract

amount if there is no loan or the loan is not sufficient to pay for

all of the construction of the improvements.

(e) A contingent payor is considered to have exercised

diligence for purposes of Subsection (b)(1) under a contract for a

public project governed by Chapter 2253, Government Code, if the

contingent payee receives in writing from the contingent payor:

(1) the name, address, and primary business telephone

number of the primary obligor;

(2) the name and address of the surety on the payment

bond provided to the primary obligor to which any notice of claim

should be sent; and

(3) a statement from the primary obligor that funds

are available and have been authorized for the full contract amount

for the construction of the improvements.

(f) A contingent payor is considered to have exercised

diligence for purposes of Subsection (b)(1) under a contract for a

public project governed by 40 U.S.C. Section 3131 if the contingent

payee receives in writing from the contingent payor:

(1) the name, address, and primary business telephone

number of the primary obligor;

(2) the name and address of the surety on the payment

bond provided to the primary obligor; and

(3) the name of the contracting officer, if known at

the time of the execution of the contract.

(g) A primary obligor shall furnish the information

described by Subsection (d) or (e), as applicable, to the

contingent payor not later than the 30th day after the date the

primary obligor receives a written request for the information. If

the primary obligor fails to provide the information under the

written request, the contingent payor, the contingent payee, and

their sureties are relieved of the obligation to initiate or

continue performance of the construction contracts of the

contingent payor and contingent payee.

Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR

PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment

clause may not be used as a basis for invalidation of the

enforceability or perfection of a mechanic's lien under Chapter 53,

Property Code.

Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE.

The assertion of a contingent payment clause is an affirmative

defense to a civil action for payment under a contract.

Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a

primary obligor may not prohibit a contingent payor from allocating

risk by means of a contingent payment clause.

(b) Section 35.521, Business & Commerce Code, as added by

Section 1, Chapter 498 (S.B. 324), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 4.002. (a) Sections 102.001 through 102.005,

Business & Commerce Code, are designated as Subchapter A, Chapter

102, Business & Commerce Code, and a heading for Subchapter A is

added to conform to Section 1, Chapter 1206 (H.B. 1751), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR

EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES

(b) Section 1, Chapter 1206 (H.B. 1751), Acts of the 80th

Legislature, Regular Session, 2007, which designated former

Sections 47.001 through 47.004, Business & Commerce Code, as

Subchapter A, Chapter 47, Business & Commerce Code, and added a

heading for Subchapter A, is repealed.

SECTION 4.003. (a) Section 102.001, Business & Commerce

Code, is amended to conform to Section 2, Chapter 1206 (H.B. 1751),

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

Sec. 102.001. DEFINITIONS. In this subchapter [~~chapter~~]:

(1) "Sex offender" means a person who has been

convicted of or placed on deferred adjudication for an offense for

which a person is subject to registration under Chapter 62, Code of

Criminal Procedure.

(2) "Sexually oriented business" has the meaning

assigned by Section 243.002, Local Government Code.

(b) Section 2, Chapter 1206 (H.B. 1751), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Section

47.001, Business & Commerce Code, is repealed.

SECTION 4.004. Subchapter B, Chapter 47, Business &

Commerce Code, as added by Section 3, Chapter 1206 (H.B. 1751), Acts

of the 80th Legislature, Regular Session, 2007, is redesignated as

Subchapter B, Chapter 102, Business & Commerce Code, and the

sections in that redesignated subchapter, Sections 47.051, 47.052,

47.053, 47.054, 47.055, 47.0551, and 47.056, are redesignated as

Sections 102.051, 102.052, 102.053, 102.054, 102.055, 102.0551,

and 102.056, respectively.

SECTION 4.005. (a) Title 6, Business & Commerce Code, is

amended to recodify Section 35.63, Business & Commerce Code, as

added by Section 1, Chapter 307 (H.B. 1871), Acts of the 80th

Legislature, Regular Session, 2007, by adding Chapter 204 to read

as follows:

CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER

Sec. 204.001. DEFINITIONS. In this chapter:

(1) "Plastic bulk merchandise container" means a

plastic crate or shell used by a product producer, distributor, or

retailer for the bulk transportation or storage of retail

containers of milk, eggs, or bottled beverage products.

(2) "Proof of ownership" includes a bill of sale or

other evidence showing that an item has been sold to the person

possessing the item.

Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC

BULK MERCHANDISE CONTAINER. (a) A person who is in the business of

recycling, shredding, or destroying plastic bulk merchandise

containers, before purchasing five or more plastic bulk merchandise

containers from the same person, shall:

(1) obtain from that person:

(A) proof of ownership for the containers; and

(B) a record that contains:

(i) the name, address, and telephone number

of the person or the person's authorized representative;

(ii) the name and address of the buyer of

the containers or any consignee of the containers;

(iii) a description of the containers,

including the number of the containers to be sold; and

(iv) the date of the transaction; and

(2) verify the identity of the individual selling the

containers or representing the seller from a driver's license or

other government-issued identification card that includes the

individual's photograph, and record the verification.

(b) A person shall retain a record obtained or made under

this chapter until the first anniversary of the later of the date

the containers are purchased or delivered.

this state for a civil penalty of $10,000 for each violation.

Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF

CHAPTER PROHIBITED. (a) A person who is in the business of

recycling, shredding, or destroying plastic bulk merchandise

containers may not use an artifice to avoid the application of

Section 204.002, including documenting purchases from the same

person on the same day as multiple transactions.

(b) A person who violates this section is liable to this

state for a civil penalty of $30,000 for each violation.

Sec. 204.004. ENFORCEMENT OF CIVIL PENALTY. The attorney

general or appropriate prosecuting attorney may sue to collect a

civil penalty under this chapter.

(b) Section 35.63, Business & Commerce Code, as added by

Section 1, Chapter 307 (H.B. 1871), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 4.006. (a) Section 304.002(10), Business &

Commerce Code, is amended to conform to Section 1, Chapter 206 (H.B.

143), Acts of the 80th Legislature, Regular Session, 2007, to read

as follows:

(10) "Telephone call" means a call or other

transmission made to or received at a telephone number, including:

(A) a call made by an automated telephone dialing

system;

(B) a transmission to a facsimile recording

device; and

transmission of a text or graphic message or of an image, to a

mobile telephone number serviced by a provider of commercial mobile

service, as defined by Section 332(d), Communications Act of 1934

(47 U.S.C. Section 151 et seq.), as amended, Federal Communications

Commission rules, or the Omnibus Budget Reconciliation Act of 1993

(Pub. L. No. 103-66), as amended, except that the term does not

include a transmission made to a mobile telephone number as part of

an ad-based telephone service, in connection with which the

telephone service customer has agreed with the service provider to

receive the transmission.

(b) Section 1, Chapter 206 (H.B. 143), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Section

44.002(9), Business & Commerce Code, is repealed.

SECTION 4.007. (a) Subchapter B, Chapter 304, Business &

Commerce Code, is amended to conform to Section 2, Chapter 206 (H.B.

143), Acts of the 80th Legislature, Regular Session, 2007, by

adding Section 304.063 to read as follows:

Sec. 304.063. ONLINE NOTICE. The commission shall include

on its Internet website a notice explaining the application of the

Texas no-call list to a call or other transmission, including a

transmission of a text or graphic message or of an image, to a

mobile telephone number.

(b) Section 2, Chapter 206 (H.B. 143), Acts of the 80th

Legislature, Regular Session, 2007, which added Subsection (c) to

former Section 44.103, Business & Commerce Code, is repealed.

SECTION 4.008. (a) Subtitle A, Title 10, Business &

Commerce Code, is amended to recodify Subchapter L, Chapter 35,

Business & Commerce Code, as added by Section 1, Chapter 822 (H.B.

73), Acts of the 80th Legislature, Regular Session, 2007, by adding

Chapter 306 to read as follows:

CHAPTER 306. PROTECTION OF CONSUMER TELEPHONE RECORDS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 306.001. DEFINITIONS. In this chapter:

(1) "Caller identification record" means a record

that:

(A) is delivered electronically to the recipient

of a telephone call simultaneously with the reception of the call;

and

(B) indicates the telephone number from which the

telephone call was made or other similar information regarding the

call.

(2) "Telephone company" means a provider of commercial

telephone services, or a provider that bills for those services,

regardless of the technology used to provide that service,

including landline, radio, wireless, microwave, satellite, Voice

over Internet Protocol (VoIP), or other cable, broadband, or

digital technology.

(3) "Telephone record" means a written, electronic, or

oral record, other than a caller identification record collected

and retained by or on behalf of a customer, created by a telephone

company about a customer, that includes:

(A) the telephone number:

(i) dialed by a customer; or

(ii) of an incoming call made to a customer;

(B) the time a call was made to or by a customer;

customer; or

(D) the location from which a call was initiated

or at which a call was received by a customer.

Sec. 306.002. NONAPPLICABILITY TO LAW ENFORCEMENT

AGENCIES. This chapter does not prohibit any lawfully authorized

investigative, protective, or intelligence activity of a law

enforcement agency of the United States, a state, or a political

subdivision of a state or of an intelligence agency of the United

States.

Sec. 306.003. CONSTRUCTION OF CHAPTER. This chapter does

not apply to expand the obligations or duties of a telephone company

under federal or other state law to protect telephone records.

Sec. 306.004. CONSISTENCY WITH FEDERAL LAW. This chapter

may not be construed in a manner that is inconsistent with 18 U.S.C.

Section 1038, 47 U.S.C. Section 222, or any other applicable

federal law or rule.

[Sections 306.005-306.050 reserved for expansion]

SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY

Sec. 306.051. UNAUTHORIZED OR FRAUDULENT PROCUREMENT,

SALE, OR RECEIPT OF TELEPHONE RECORDS. (a) A person commits an

offense if the person:

(1) obtains, attempts to obtain, or conspires with

another to obtain a telephone record of a resident of this state

without the authorization of the resident to whom the record

pertains by:

(A) making a statement the person knows to be

false to an agent of a telephone company;

(B) making a statement the person knows to be

false to a telephone company;

the telephone company's Internet website; or

(D) providing to a telephone company a document

that the person knows:

(i) is fraudulent;

(ii) has been lost or stolen;

(iii) has been obtained by fraud; or

(iv) contains a false, fictitious, or

fraudulent statement or representation;

(2) asks another person to obtain a telephone record

of a resident of this state knowing that the record will be obtained

in a manner prohibited by this section;

(3) sells, transfers, or attempts to sell or transfer

a telephone record of a resident of this state without

authorization of the resident to whom the record pertains; or

(4) offers to obtain or offers to sell a telephone

record that has been or will be obtained without authorization from

the resident to whom the record pertains.

(b) An offense under this section is a Class A misdemeanor,

except that a fine shall not exceed $20,000.

a person convicted of an offense under this section may be required

to forfeit personal property used or intended to be used in

violation of this section.

(d) In addition to the penalties provided by Subsections (b)

and (c), a person convicted of an offense under this section shall

be ordered to pay to a resident whose telephone record was obtained

in a manner prohibited by this section an amount equal to the sum

of:

(1) the greater of the resident's financial loss, if

proof of the loss is submitted to the satisfaction of the court, or

$1,000; and

(2) the amount of any financial gain received by the

person as the direct result of the offense.

(e) An offense under this section may be prosecuted in:

(1) the county in which the customer whose telephone

record is the subject of the prosecution resided at the time of the

offense; or

(2) any county in which any part of the offense took

place regardless of whether the defendant was ever present in the

county.

(f) If venue lies in more than one county under Subsection

(e), a defendant may be prosecuted in only one county for the same

conduct.

(g) If conduct constituting an offense under this section

also constitutes an offense under another section of this code or of

any other law, including the Penal Code, the actor may be prosecuted

under either section or under both sections.

(h) This section does not create a private right of action.

Sec. 306.052. EXCEPTIONS. Section 306.051 does not apply

to:

(1) a person who acted pursuant to a valid court order,

warrant, subpoena, or civil investigative demand;

(2) a telephone company that disclosed a telephone

record:

(A) the disclosure of which is otherwise

authorized by law;

(B) reasonably believing the disclosure was

necessary to:

(i) provide service to a customer;

(ii) protect an individual from fraudulent,

abusive, or unlawful use of a telephone record or telephone

service; or

(iii) protect the rights or property of the

company;

Exploited Children in connection with a report submitted under 42

U.S.C. Section 13032;

(D) for purposes of testing the company's

security procedures or systems for maintaining the confidentiality

of customer information;

(E) to a governmental entity, if the company

reasonably believed that an emergency involving danger of death or

serious physical injury to a person justified disclosure of the

information;

(F) in connection with the sale or transfer of

all or part of the company's business, the purchase or acquisition

of all or part of another company's business, or the migration of a

customer from one telephone company to another telephone company;

(G) necessarily incident to the rendition of the

service, to initiate, render, bill, and collect the customer's

charges, or to protect the customer of those services and other

carriers from fraudulent, abusive, or unlawful use of, or

subscription to, such services; or

(H) while acting reasonably and in good faith,

notwithstanding a later determination that the action was not

authorized; or

(3) a person or a telephone company that acted in

connection with the official duties of a 9-1-1 governmental entity

or a public agency solely for purposes of delivering or assisting in

the delivery of 9-1-1 emergency services and other emergency

services.

Sec. 306.053. DECEPTIVE TRADE PRACTICE; ENFORCEMENT. A

violation of this chapter is a false, misleading, or deceptive act

or practice under Section 17.46 and is subject to action only by the

consumer protection division of the attorney general's office as

provided by Section 17.46(a).

(b) Subchapter L, Chapter 35, Business & Commerce Code, as

added by Section 1, Chapter 822 (H.B. 73), Acts of the 80th

Legislature, Regular Session, 2007, is repealed.

SECTION 4.009. (a) Section 501.051, Business & Commerce

Code, is amended to conform to Section 1, Chapter 93 (H.B. 863),

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

Sec. 501.051. INAPPLICABILITY OF SUBCHAPTER. This

subchapter does not apply to:

(1) a person who is required to maintain and

disseminate a privacy policy under:

(A) the Gramm-Leach-Bliley Act (15 U.S.C.

Sections 6801 to 6809);

(B) the Family Educational Rights and Privacy Act

of 1974 (20 U.S.C. Section 1232g); or

Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);

(2) a covered entity under rules adopted by the

commissioner of insurance relating to insurance consumer health

information privacy or insurance consumer financial information

privacy;

(3) a governmental body, as defined by Section

552.003, Government Code, other than a municipally owned utility;

[or]

(4) a person with respect to a loan transaction, if the

person is not engaged in the business of making loans; or

(5) a person subject to Section 901.457, Occupations

Code.

(b) Section 1, Chapter 93, Acts of the 80th Legislature,

Regular Session, 2007, which amended former Section 35.581(c),

Business & Commerce Code, as added by Chapter 198 (H.B. 1130), Acts

of the 79th Legislature, Regular Session, 2005, is repealed.

SECTION 4.010. (a) Subtitle A, Title 11, Business &

Commerce Code, is amended to recodify Section 35.64, Business &

Commerce Code, as added by Section 1, Chapter 916 (H.B. 3093), Acts

of the 80th Legislature, Regular Session, 2007, by adding Chapter

505 to read as follows:

CHAPTER 505. USE OF ZIP CODE TO VERIFY CUSTOMER'S IDENTITY

Sec. 505.001. DEFINITIONS. In this chapter:

(1) "Credit card" means a card or device issued under

an agreement by which the issuer gives to a cardholder the right to

obtain credit from the issuer or another person.

(2) "Credit card issuer" means a lender, including a

financial institution, or a merchant that receives applications and

issues credit cards to individuals.

Sec. 505.002. USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT

CARD TRANSACTION. (a) A business may require a customer who

purchases a good or service from the business using a credit card to

provide the customer's zip code to verify the customer's identity as

provided by Subsection (b).

(b) A business that obtains a customer's zip code under

Subsection (a) may electronically verify with the credit card

issuer that the zip code matches any zip code that the credit card

issuer has on file for the credit card.

Sec. 505.003. RETENTION OF ZIP CODE PROHIBITED. A business

that obtains a customer's zip code under Section 505.002 may not

retain the zip code in any form after the purchase of the good or

service has been completed.

(b) Section 35.64, Business & Commerce Code, as added by

Section 1, Chapter 916 (H.B. 3093), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 4.011. (a) Sections 523.001 and 523.002, Business &

Commerce Code, are designated as Subchapter A, Chapter 523,

Business & Commerce Code, to conform to Section 1, Chapter 1044

(H.B. 2002), Acts of the 80th Legislature, Regular Session, 2007,

and a heading for Subchapter A is added to read as follows:

SUBCHAPTER A. EXTENSIONS OF CREDIT AND VERIFICATION

OF IDENTITY

(b) Section 523.003, Business & Commerce Code, is

designated as Subchapter B, Chapter 523, Business & Commerce Code,

and renumbered as Section 523.051, Business & Commerce Code, and a

heading for Subchapter B is added to read as follows:

SUBCHAPTER B. DUTIES OF FINANCIAL INSTITUTIONS AND

OF VERIFICATION ENTITIES

Section 1, Chapter 1044 (H.B. 2002), Acts of the 80th Legislature,

Regular Session, 2007, is transferred to Subchapter B, Chapter 523,

Business & Commerce Code, as designated by Subsection (b) of this

section, and is renumbered as Section 523.052, Business & Commerce

Code.

SECTION 4.012. (a) Title 12, Business & Commerce Code, is

amended to recodify Section 35.43, Business & Commerce Code, as

added by Section 1, Chapter 123 (S.B. 1389), Acts of the 80th

Legislature, Regular Session, 2007, by adding Chapter 605 to read

as follows:

CHAPTER 605. CONSUMER REBATE RESPONSE AND GRACE PERIOD FOR

CORRECTIONS

Sec. 605.001. DEFINITIONS. In this chapter:

(1) "Consumer" means a person who obtains a product or

service that is to be used primarily for personal, business,

family, or household purposes.

(2) "Consumer rebate" means an offer to a consumer of

cash, credit, or credit toward future purchases that is made in

connection with a sale of a good or service to the consumer, is in an

amount of $10 or more, and requires the consumer to mail or

electronically submit a rebate request after the sale is completed.

The term does not include:

(A) any promotion or incentive that is offered by

a manufacturer to another company or organization that is not the

consumer to help promote or place the product or service;

(B) a rebate that is redeemed at the time of

purchase;

a future purchase that is automatically provided to a consumer

without the need to submit a request for redemption;

(D) a rebate that is applied to a bill that the

consumer becomes obligated to pay after the date the purchase is

made;

(E) any refund that may be given to a consumer in

accordance with a manufacturer or retailer's return, guarantee,

adjustment, or warranty policies; or

(F) any manufacturer or retailer's frequent

shopper customer reward program.

(3) "Properly completed" means that the consumer

submitted the required information and documentation in the manner

and by the deadline specified in the rebate offer and otherwise

satisfied the terms and conditions of the rebate offer.

Sec. 605.002. REBATE RESPONSE PERIOD; GRACE PERIOD FOR

CORRECTIONS. (a) Except as provided by Subsection (b), a person,

including a manufacturer or retailer, who offers a rebate shall

mail the amount of the rebate to the consumer or electronically pay

the consumer the amount of the rebate within the time period

promised in the rebate information provided to the consumer or, if

silent, not later than the 30th day after the date the person

receives a properly completed rebate request.

(b) If a consumer rebate offer is contingent on the consumer

continuing to purchase a service for a minimum length of time, the

time period in Subsection (a) begins on the later of:

(1) the date the consumer submits the rebate request;

(2) the expiration date of the service period.

request that is timely submitted but not properly completed, the

person shall:

(1) process the rebate in the manner provided by

Subsection (a) as if the rebate request were properly completed; or

(2) notify the consumer, not later than the date

specified by Subsection (a), of the reasons that the rebate request

is not properly completed and the consumer's right to correct the

deficiency within 30 days after the date of the notification.

(d) The notification under Subsection (c)(2) must be by

mail, except that notification may be by e-mail if the consumer has

agreed to be notified by e-mail.

(e) If the consumer corrects the deficiency stated in the

notification under Subsection (c)(2) before the 31st day after the

postmark date of the person's mailed notification to the consumer

or the date the e-mail is received, if applicable, the person shall

process the rebate in the manner provided by Subsection (a) for a

properly completed request.

(f) This section does not impose any obligation on a person

to pay a rebate to any consumer who is not eligible under the terms

and conditions of the rebate offer or has not satisfied all of the

terms and conditions of the rebate offer, if the person offering the

rebate has complied with Subsections (c) and (d).

(g) A person offering a rebate has the right to reject a

rebate request from a consumer who the person determines:

(1) is attempting to commit fraud;

(2) has already received the offered rebate; or

(3) is submitting proof of purchase that is not

legitimate.

(h) A person making a determination under Subsection (g)

shall notify the consumer within the time period provided by

Subsection (c) that the person is considering rejecting, or has

rejected, the rebate request and shall instruct the consumer of any

actions that the consumer may take to cure the deficiency.

(i) If the person offering a rebate erroneously rejects a

properly completed rebate request, the person shall pay the

consumer as soon as practicable, but not later than 30 days, after

the date the person learns of the error.

Sec. 605.003. USE OF INDEPENDENT ENTITY TO PROCESS REBATE.

For the purposes of this chapter, if a person who offers a rebate

uses an independent entity to process the rebate, an act of the

entity is considered to be an act of the person and receipt of a

rebate request by the entity is considered receipt of the request by

the person.

Sec. 605.004. DECEPTIVE TRADE PRACTICE. (a) A violation

of this chapter is a deceptive trade practice in addition to the

practices described by Subchapter E, Chapter 17, and is actionable

by a consumer under that subchapter. Claims related to more than

one consumer may not be joined in a single action brought for an

alleged violation of this chapter, unless all parties agree.

(b) A violation of this chapter is subject to an action by

the office of the attorney general as provided by Section 17.46(a).

Sec. 605.005. CERTIFICATION AS CLASS ACTION PROHIBITED. A

court may not certify an action brought under this chapter as a

class action.

(b) Section 35.43, Business & Commerce Code, as added by

Section 1, Chapter 123 (S.B. 1389), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 4.013. Section 681.154, Business & Commerce Code,

is amended to conform to the addition of Section 4e, Chapter 55

(S.B. 110), Acts of the 40th Legislature, 1st Called Session, 1927,

by Chapter 2 (H.B. 542), Acts of the 80th Legislature, Regular

Session, 2007, to read as follows:

Sec. 681.154. PORT FREEPORT [~~BRAZOS RIVER HARBOR NAVIGATION~~

~~DISTRICT~~] OR DESIGNEE. Port Freeport [~~The Brazos River Harbor~~

~~Navigation District of Brazoria County~~], or a corporation organized

under the laws of this state and designated by Port Freeport [~~the~~

~~Brazos River Harbor Navigation District of Brazoria County~~], may

apply for and accept a grant of authority to establish, operate, and

maintain:

(1) a foreign trade zone adjacent to a port of entry in

Port Freeport [~~the Brazos River Harbor Navigation District of~~

~~Brazoria County~~]; and

(2) other subzones.

SECTION 4.014. (a) The Business & Commerce Code is amended

to recodify Section 35.64, Business & Commerce Code, as added by

Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,

Regular Session, 2007, and Subchapter L, Chapter 35, Business &

Commerce Code, as added by Section 1, Chapter 130 (H.B. 85), Acts of

the 80th Legislature, Regular Session, 2007, by adding Title 16 to

read as follows:

TITLE 16. ADVERTISING AND MARKETING

SUBTITLE A. ADVERTISEMENTS

CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS

Sec. 721.001. DEFINITIONS. In this chapter:

(1) "Heir" means a surviving grandparent, parent,

sibling, child, or grandchild of a deceased individual.

(2) "Personal representative" means an executor,

independent executor, administrator, independent administrator, or

temporary administrator, together with their successors.

Sec. 721.002. CERTAIN USES OF NAME OR PICTURE OF MEMBER OF

ARMED FORCES PROHIBITED. (a) A person commits an offense if the

person uses, in an advertisement for a commercial purpose, the name

of an individual who is an active duty or former member of the

United States armed forces, who is a member or former member of a

reserve component of the United States armed forces, or who is a

member or former member of the state military forces, as defined by

Section 431.001, Government Code, or a picture of the individual in

uniform in which the individual is clearly identifiable, without

obtaining the consent of:

(1) the individual, if the individual is living; or

(2) the individual's surviving spouse or personal

representative or a majority of the individual's adult heirs, if

the individual is deceased.

(b) An offense under this section is a Class A misdemeanor.

Sec. 721.003. INAPPLICABILITY OF CHAPTER TO MEDIA REPORT.

This chapter does not apply to a member of the print or broadcast

media who uses a name or picture of an individual in a report of news

to the public or an advertisement for that report.

[Chapters 722-760 reserved for expansion]

SUBTITLE B. MARKETING PRACTICES

CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL

INSTITUTIONS

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 761.001. DEFINITIONS. In this chapter:

(1) "Campus credit card marketing activity":

(A) means any activity:

(i) conducted by an agent or employee of a

credit card issuer on the campus of a postsecondary educational

institution; and

(ii) designed to encourage and enable

students to apply for a credit card; and

(B) includes the act of placing on the campus a

display or poster together with a form that can be returned to the

credit card issuer as a credit card application, even if an employee

or agent of the credit card issuer is not present at the display.

(2) "Credit card" means a card or device issued under

an agreement by which the issuer gives to a cardholder the right to

obtain credit from the issuer or another person.

(3) "Credit card issuer" means a lender, including a

financial institution, or a merchant that receives applications and

issues credit cards to individuals.

(4) "Governing board" means the body charged with

policy direction of any postsecondary educational institution,

including a board of directors, a board of regents, a board of

trustees, and an independent school district board that is charged

with policy direction of a public junior college.

(5) "Postsecondary educational institution" means:

(A) an institution of higher education as defined

by Section 61.003, Education Code;

(B) a private or independent institution of

higher education as defined by Section 61.003, Education Code; or

institution as defined by Section 61.302, Education Code.

[Sections 761.002-761.050 reserved for expansion]

SUBCHAPTER B. PROHIBITED CONDUCT

Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE

DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card issuer

may not engage in campus credit card marketing activities:

(1) outside of a campus location designated by the

governing board of the postsecondary educational institution for

that purpose in accordance with Subsection (b); or

(2) at a time other than a time designated by the

governing board in accordance with Subsection (b).

(b) The governing board of a postsecondary educational

institution may designate:

(1) one or more locations on campus where a credit card

issuer may engage in campus credit card marketing activities; and

(2) one or more times during which a credit card issuer

may engage in campus credit card marketing activities.

Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR

COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not

offer a gift or other incentive in exchange for the completion of a

credit card application as part of a campus credit card marketing

activity unless the credit card issuer, at the time the credit card

issuer provides a credit card application to an individual,

provides financial educational material developed under Section

761.101 to the individual.

[Sections 761.053-761.100 reserved for expansion]

SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS

Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL

EDUCATIONAL MATERIAL. A credit card issuer who conducts campus

credit card marketing activities shall develop financial

educational material in consultation with or subject to approval by

the postsecondary educational institution. The financial

educational material must include a clear and practical explanation

of:

(1) effective money management skills, including how

to develop and maintain a budget;

(2) key financial terms and phrases related to credit

cards and personal debt management;

(3) credit educational materials and programs offered

by the credit card issuer that are available to student cardholders

after they have opened an account;

(4) resources to assist students in understanding

credit reports and credit scores and the consequences of

irresponsible credit card use; and

(5) the importance of responsible credit practices,

including timely paying the minimum amount due each month and

reducing costs by paying as much of the balance as possible.

Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL

EDUCATIONAL MATERIAL. A credit card issuer that conducts campus

credit card marketing activities shall:

(1) during the time that the credit card issuer

conducts the credit card marketing activity on the campus, make

available to students, on the campus, financial educational

material developed under Section 761.101;

(2) make financial educational material similar to

material developed under Section 761.101 available on the Internet;

and

(3) provide to a student to whom a credit card is

issued, at the time the credit card is provided to the student,

financial educational material developed under Section 761.101.

Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT

ORIENTATION. The governing board of a postsecondary educational

institution that has designated a location for campus credit card

marketing activities under Section 761.051(b) shall also adopt a

policy requiring a credit card and debt education and counseling

session to be included in any orientation program for new students.

The postsecondary educational institution may use existing

educational materials prepared by nonprofit entities for purposes

of the credit card and debt education and counseling session.

[Sections 761.104-761.150 reserved for expansion]

SUBCHAPTER D. ENFORCEMENT PROVISIONS

Sec. 761.151. CIVIL PENALTY. A person who intentionally

violates this chapter is liable to the state for a civil penalty in

an amount not to exceed $2,500 for each violation. The attorney

general or the prosecuting attorney in the county in which the

violation occurs may bring suit to recover the civil penalty

imposed under this section.

(b) Section 35.64, Business & Commerce Code, as added by

Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

added by Section 1, Chapter 130 (H.B. 85), Acts of the 80th

Legislature, Regular Session, 2007, is repealed.

ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE

SECTION 5.001. Section 15.0181(b), Civil Practice and

Remedies Code, is amended to correct a cross-reference to read as

follows:

(b) This section applies only to suits brought under the

Jones Act (46 U.S.C. Section 30104 [~~688~~]).

SECTION 5.002. Section 64.091, Civil Practice and Remedies

Code, is reenacted and amended to read as follows:

Sec. 64.091. RECEIVER FOR MINERAL INTERESTS OWNED BY

NONRESIDENT OR ABSENTEE. (a) The purpose of this section is to

encourage the exploration and development of mineral resources.

(b) In the following actions, a district court may appoint a

receiver for the mineral interest or leasehold interest under a

mineral lease owned by a nonresident or absent defendant:

(1) an action that is brought by a person claiming or

owning an undivided mineral interest in land in this state or an

undivided leasehold interest under a mineral lease of land in this

state and that has one or more defendants who have, claim, or own an

undivided mineral interest in the same property; or

(2) an action that is brought by a person claiming or

owning an undivided leasehold interest under a mineral lease of

land in this state and that has one or more defendants who have,

claim, or own an undivided leasehold interest under a mineral lease

of the same property.

(b-1) [~~(b)~~] The defendant for whom the receiver is sought

must:

(1) be a person whose residence or identity is unknown

or a nonresident; and

(2) have not paid taxes on the interest or rendered it

for taxes during the five-year period immediately preceding the

filing of the action.

petition and prove that he:

(1) has made a diligent but unsuccessful effort to

locate the defendant; and

(2) will suffer substantial damage or injury unless

the receiver is appointed.

(d) In an action under Subsection (b)(1):

(1) the plaintiff, in the verified petition, must name

the last known owner or the last record owner of the interest as

defendant;

(2) the plaintiff must serve notice on the defendant

by publication as provided by the Texas Rules of Civil Procedure;

(3) the court may appoint as receiver the county judge

and his successors, the county clerk and his successors, or any

other resident of the county in which the land is located;

(4) notwithstanding the Texas Rules of Civil

Procedure, the applicant is not required to post bond; and

(5) the receiver is not required to post bond.

(e) A receivership created under this subchapter continues

as long as the defendant or his heirs, assigns, or personal

representatives fail to appear in court in person or by agent or

attorney to claim the defendant's interest.

(f) As ordered by the court, the receiver shall immediately:

(1) execute and deliver to a lessee or successive

lessees mineral leases on the outstanding undivided mineral

interests;

(2) execute and deliver to a lessee or successive

lessees an assignment of the outstanding undivided leasehold

interest; and

(3) enter into a unitization agreement authorized by

the Railroad Commission of Texas.

(g) A lease executed by a receiver under this section may

authorize the lessee to pool and unitize land subject to the lease

with adjacent land into a unit not to exceed 160 acres for an oil

well or 640 acres for a gas well plus 10 percent tolerance or into a

unit that substantially conforms to a larger unit prescribed or

permitted by governmental rule.

(h) Money consideration paid for the execution of a lease,

assignment, or unitization agreement by the receiver must be paid

to the clerk of the court in which the case is pending before the

receiver executes the instrument. The court shall apply the money

to the costs accruing in the case and retain any balance for the use

and benefit of the nonresident or person of unknown residence who

owns the mineral or leasehold interest. Payments made at a later

time under the lease, assignment, or unitization agreement shall be

paid into the registry of the court and impounded for the use and

benefit of the owner of the mineral or leasehold interest.

(i) This section is cumulative of other laws relating to

removal of a cloud from title or appointment of a receiver.

(j) In this section:

(1) "Mineral lease" includes any lease of oil, gas, or

other minerals that contains provisions necessary or incident to

the orderly exploration, development, and recovery of oil, gas, or

other minerals.

(2) "Leasehold interest" includes ownership created

under a mineral lease or carved out of a leasehold estate granted

under a mineral lease, including production payments, overriding

royalty interests, and working interests.

(3) "Lessee" includes an assignee under an assignment

of a mineral lease.

(k) To the extent that Subsection (d)(2) conflicts with the

Texas Rules of Civil Procedure, Subsection (d)(2) controls.

Notwithstanding Section 22.004, Government Code, the supreme court

may not amend or adopt rules in conflict with Subsection (d)(2).

SECTION 5.003. Section 103.051(a), Civil Practice and

Remedies Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B.

1719), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(a) To apply for compensation under this subchapter, the

claimant must file with the comptroller's judiciary section:

(1) an application for compensation provided for that

purpose by the comptroller;

(2) a verified copy of the pardon or court order

justifying the application for compensation; [~~and~~]

(3) a statement provided by the Texas Department of

Criminal Justice verifying the length of incarceration; and

(4) [~~(5)~~] if the claimant is applying for compensation

under Section 103.052(a)(2), a certified copy of each child support

order under which child support payments became due during the time

the claimant served in prison and copies of the official child

support payment records described by Section 234.009, Family Code,

for that period.

SECTION 5.004. Section 125.0015(a), Civil Practice and

Remedies Code, as amended by Chapters 593 (H.B. 8) and 1399 (H.B.

2644), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(a) A person who maintains a place to which persons

habitually go for the following purposes and who knowingly

tolerates the activity and furthermore fails to make reasonable

attempts to abate the activity maintains a common nuisance:

(1) discharge of a firearm in a public place as

prohibited by the Penal Code;

(2) reckless discharge of a firearm as prohibited by

the Penal Code;

(3) engaging in organized criminal activity as a

member of a combination as prohibited by the Penal Code;

(4) delivery, possession, manufacture, or use of a

controlled substance in violation of Chapter 481, Health and Safety

Code;

(5) gambling, gambling promotion, or communicating

gambling information as prohibited by the Penal Code;

(6) prostitution, promotion of prostitution, or

aggravated promotion of prostitution as prohibited by the Penal

Code;

(7) compelling prostitution as prohibited by the Penal

Code;

(8) commercial manufacture, commercial distribution,

or commercial exhibition of obscene material as prohibited by the

Penal Code;

(9) aggravated assault as described by Section 22.02,

Penal Code;

(10) sexual assault as described by Section 22.011,

Penal Code;

(11) aggravated sexual assault as described by Section

22.021, Penal Code;

(12) robbery as described by Section 29.02, Penal

Code;

(13) aggravated robbery as described by Section 29.03,

Penal Code;

(14) unlawfully carrying a weapon as described by

Section 46.02, Penal Code;

(15) murder as described by Section 19.02, Penal Code;

(16) capital murder as described by Section 19.03,

Penal Code; [or]

(17) continuous sexual abuse of young child or

children as described by Section 21.02, Penal Code; or

(18) [~~(17)~~] massage therapy or other massage services

in violation of Chapter 455, Occupations Code.

SECTION 5.005. Section 155.001, Civil Practice and Remedies

Code, is amended to add a heading to read as follows:

Sec. 155.001. SETTLEMENT WEEKS REQUIRED. In every county

with a population of 150,000 or greater there shall be a settlement

week during law week and judicial conference week each year or

during any other two weeks as the administrative judge of each

judicial district may designate. During these weeks the district

courts, constitutional and statutory county courts, and the family

law courts will facilitate the voluntary settlement of civil and

family law cases.

SECTION 5.006. Section 155.002, Civil Practice and Remedies

Code, is amended to add a heading to read as follows:

Sec. 155.002. SETTLEMENT WEEK COMMITTEE. The

administrative judge of each judicial district shall appoint a

committee of attorneys and lay persons to effectuate each

settlement week. The committee may include the director of any

established mediation or alternative dispute resolution center in

the county and the chairperson of the local bar association's

committee on alternative dispute resolution.

SECTION 5.007. Section 155.003, Civil Practice and Remedies

Code, is amended to add a heading and correct a reference to read as

follows:

Sec. 155.003. ATTORNEY TO SERVE AS MEDIATOR. Any attorney

currently licensed in the state may serve as mediator during the

settlement weeks under such terms and conditions and with such

training as may be determined by the administrative judge of the

judicial district. Any such attorney so appointed by the court must

meet the qualifications and will be governed by the rules of conduct

set forth in Sections 154.052 and 154.053 [~~of this code~~]. Any

attorney so requested by the administrative judge of the judicial

district shall serve as a mediator during the settlement weeks.

SECTION 5.008. Section 155.004, Civil Practice and Remedies

Code, is amended to add a heading and correct a reference to read as

follows:

Sec. 155.004. APPLICATION OF CERTAIN ALTERNATE DISPUTE

RESOLUTION PROCEDURES. The provisions of Sections 154.021 through

154.023, 154.053, 154.054, and 154.071 through 154.073 [~~of this~~

~~code~~] shall apply to parties and mediators participating in

settlement weeks held under this chapter.

SECTION 5.009. Section 155.005, Civil Practice and Remedies

Code, is amended to add a heading to read as follows:

Sec. 155.005. AUTHORITY OF COURT. Each court participating

in settlement weeks under this chapter shall have the authority to

make orders needed, consistent with existing law, to implement

settlement weeks and ensure any party's good faith participation.

SECTION 5.010. Section 155.006, Civil Practice and Remedies

Code, is amended to add a heading to read as follows:

Sec. 155.006. FUNDING; COOPERATION WITH OTHER

ORGANIZATIONS. The administrative judge may use any available

funding from funds regularly used for court administration to carry

out the purpose and intent of this chapter. The administrative

judge shall cooperate with the director of any established

mediation or alternative dispute resolution center, the local bar,

and other organizations to encourage participation and to develop

public awareness of settlement weeks.

ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE

SECTION 6.001. Article 12.01, Code of Criminal Procedure,

as amended by Chapters 285 (H.B. 716), 593 (H.B. 8), 640 (H.B. 887),

and 841 (H.B. 959), Acts of the 80th Legislature, Regular Session,

2007, is reenacted and amended to read as follows:

Art. 12.01. FELONIES. Except as provided in Article 12.03,

felony indictments may be presented within these limits, and not

afterward:

(1) no limitation:

(A) murder and manslaughter;

(B) sexual assault under Section 22.011(a)(2),

Penal Code, or aggravated sexual assault under Section

22.021(a)(1)(B), Penal Code;

of the offense biological matter is collected and subjected to

forensic DNA testing and the testing results show that the matter

does not match the victim or any other person whose identity is

readily ascertained;

(D) continuous sexual abuse of young child or

children under Section 21.02, Penal Code;

(E) indecency with a child under Section 21.11,

Penal Code; or

(F) an offense involving leaving the scene of an

accident under Section 550.021, Transportation Code, if the

accident resulted in the death of a person;

(2) ten years from the date of the commission of the

offense:

(A) theft of any estate, real, personal or mixed,

by an executor, administrator, guardian or trustee, with intent to

defraud any creditor, heir, legatee, ward, distributee,

beneficiary or settlor of a trust interested in such estate;

(B) theft by a public servant of government

property over which he exercises control in his official capacity;

forged instruments;

(D) injury to an elderly or disabled individual

punishable as a felony of the first degree under Section 22.04,

Penal Code;

(E) sexual assault, except as provided by

Subdivision (1) [~~or (5)~~]; or

(F) arson;

(3) seven years from the date of the commission of the

offense:

(A) misapplication of fiduciary property or

property of a financial institution;

(B) securing execution of document by deception;

Tax Code;

(D) false statement to obtain property or credit

under Section 32.32, Penal Code;

(E) money laundering;

(F) [~~(D)~~] credit card or debit card abuse under

Section 32.31, Penal Code; or

(G) [~~(F)~~] fraudulent use or possession of

identifying information under Section 32.51, Penal Code;

(4) five years from the date of the commission of the

offense:

(A) theft or robbery;

(B) except as provided by Subdivision (5),

kidnapping or burglary;

that is not punishable as a felony of the first degree under Section

22.04, Penal Code;

(D) abandoning or endangering a child; or

(E) insurance fraud;

(5) if the investigation of the offense shows that the

victim is younger than 17 years of age at the time the offense is

committed, 20 years from the 18th birthday of the victim of one of

the following offenses:

(A) sexual performance by a child under Section

43.25, Penal Code;

(B) aggravated kidnapping under Section

20.04(a)(4), Penal Code, if the defendant committed the offense

with the intent to violate or abuse the victim sexually; or

the offense is punishable under Subsection (d) of that section and

the defendant committed the offense with the intent to commit an

offense described by Subdivision (1)(B) or (D) of this article or

Paragraph (B) of this subdivision; [or]

(6) [~~(5)~~] ten years from the 18th birthday of the

victim of the offense:

[~~(A)~~ ~~indecency with a child under Section~~

~~21.11(a)(1) or (2), Penal Code;~~

[~~(B)~~ ~~except as provided by Subdivision (1),~~

~~sexual assault under Section 22.011(a)(2), Penal Code, or~~

~~aggravated sexual assault under Section 22.021(a)(1)(B), Penal~~

~~Code; or~~

[~~(C)~~] injury to a child under Section 22.04,

Penal Code; or

(7) [~~(6)~~] three years from the date of the commission

of the offense: all other felonies.

SECTION 6.002. Article 15.27(c), Code of Criminal

Procedure, as amended by Chapters 492 (S.B. 230) and 1240 (H.B.

2427), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted to read as follows:

including a community supervision and corrections department, a

juvenile probation department, the paroles division of the Texas

Department of Criminal Justice, and the Texas Youth Commission,

having jurisdiction over a student described by Subsection (a),

(b), or (e) who transfers from a school or is subsequently removed

from a school and later returned to a school or school district

other than the one the student was enrolled in when the arrest,

referral to a juvenile court, conviction, or adjudication occurred

shall within 24 hours of learning of the student's transfer or

reenrollment notify the superintendent or a person designated by

the superintendent of the school district to which the student

transfers or is returned or, in the case of a private school, the

principal or a school employee designated by the principal of the

school to which the student transfers or is returned of the arrest

or referral in a manner similar to that provided for by Subsection

(a) or (e)(1), or of the conviction or delinquent adjudication in a

manner similar to that provided for by Subsection (b) or (e)(2).

The superintendent of the school district to which the student

transfers or is returned or, in the case of a private school, the

principal of the school to which the student transfers or is

returned shall, within 24 hours of receiving notification under

this subsection, notify all instructional and support personnel who

have regular contact with the student.

SECTION 6.003. Section 3g(a), Article 42.12, Code of

Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593

(H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(a) The provisions of Section 3 of this article do not

apply:

(1) to a defendant adjudged guilty of an offense

under:

(A) Section 19.02, Penal Code (Murder);

(B) Section 19.03, Penal Code (Capital murder);

with a child);

(D) Section 20.04, Penal Code (Aggravated

kidnapping);

(E) Section 22.021, Penal Code (Aggravated

sexual assault);

(F) Section 29.03, Penal Code (Aggravated

robbery);

(G) Chapter 481, Health and Safety Code, for

which punishment is increased under:

(i) Section 481.140, Health and Safety

Code; or

(ii) Section 481.134(c), (d), (e), or (f),

Health and Safety Code, if it is shown that the defendant has been

previously convicted of an offense for which punishment was

increased under any of those subsections;

(H) Section 22.011, Penal Code (Sexual assault);

[or]

(I) Section 22.04(a)(1), Penal Code (Injury to a

child, elderly individual, or disabled individual), if the offense

is punishable as a felony of the first degree and the victim of the

offense is a child; or

(J) [~~(I)~~] Section 43.25, Penal Code (Sexual

performance by a child); or

(2) to a defendant when it is shown that a deadly

weapon as defined in Section 1.07, Penal Code, was used or exhibited

during the commission of a felony offense or during immediate

flight therefrom, and that the defendant used or exhibited the

deadly weapon or was a party to the offense and knew that a deadly

weapon would be used or exhibited. On an affirmative finding under

this subdivision, the trial court shall enter the finding in the

judgment of the court. On an affirmative finding that the deadly

weapon was a firearm, the court shall enter that finding in its

judgment.

SECTION 6.004. Section 4(d), Article 42.12, Code of

Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205

(H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007,

is reenacted and amended to read as follows:

(d) A defendant is not eligible for community supervision

under this section if the defendant:

(1) is sentenced to a term of imprisonment that

exceeds 10 years;

(2) is convicted of a state jail felony for which

suspension of the imposition of the sentence occurs automatically

under Section 15(a);

(3) does not file a sworn motion under Subsection (e)

of this section or for whom the jury does not enter in the verdict a

finding that the information contained in the motion is true;

(4) is convicted of an offense for which punishment is

increased under Section 481.134(c), (d), (e), or (f), Health and

Safety Code, if it is shown that the defendant has been previously

convicted of an offense for which punishment was increased under

any one of those subsections;

(5) is convicted of an offense listed in Section

3g(a)(1)(C), (E), or (H), if the victim of the offense was younger

than 14 years of age at the time the offense was committed;

(6) is convicted of an offense listed in Section

3g(a)(1)(D), if the victim of the offense was younger than 14 years

of age at the time the offense was committed and the actor committed

the offense with the intent to violate or abuse the victim sexually;

[or]

(7) is convicted of an offense listed in Section

3g(a)(1)(J); or

(8) [~~3g(a)(1)(I)~~] is adjudged guilty of an offense

under Section 19.02, Penal Code.

SECTION 6.005. Section 22(a), Article 42.12, Code of

Criminal Procedure, is amended to correct a reference to read as

follows:

(a) If after a hearing under Section 21 of this article a

judge continues or modifies community supervision after

determining that the defendant violated a condition of community

supervision, the judge may impose any other conditions the judge

determines are appropriate, including:

(1) a requirement that the defendant perform community

service for a number of hours specified by the court under Section

16 of this article, or an increase in the number of hours that the

defendant has previously been required to perform under those

sections in an amount not to exceed double the number of hours

permitted by Section 16;

(2) an increase in the period of community

supervision, in the manner described by Subsection (c) [~~(b)~~] of

this section;

(3) an increase in the defendant's fine, in the manner

described by Subsection (d) of this section; or

(4) the placement of the defendant in a substance

abuse felony punishment program operated under Section 493.009,

Government Code, if:

(A) the defendant is convicted of a felony other

than:

(i) a felony under Section 21.11, 22.011,

or 22.021, Penal Code; or

(ii) criminal attempt of a felony under

Section 21.11, 22.011, or 22.021, Penal Code; and

(B) the judge makes an affirmative finding that:

(i) drug or alcohol abuse significantly

contributed to the commission of the crime or violation of

community supervision; and

(ii) the defendant is a suitable candidate

for treatment, as determined by the suitability criteria

established by the Texas Board of Criminal Justice under Section

493.009(b), Government Code.

SECTION 6.006. Article 59.01(2), Code of Criminal

Procedure, as amended by Chapters 127 (S.B. 1614), 822 (H.B. 73),

and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,

2007, is reenacted and is amended to correct a reference to read as

follows:

(2) "Contraband" means property of any nature,

including real, personal, tangible, or intangible, that is:

(A) used in the commission of:

(i) any first or second degree felony under

the Penal Code;

(ii) any felony under Section 15.031(b),

20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,

31, 32, 33, 33A, or 35, Penal Code;

(iii) any felony under The Securities Act

(Article 581-1 et seq., Vernon's Texas Civil Statutes); or

(iv) any offense under Chapter 49, Penal

Code, that is punishable as a felony of the third degree or state

jail felony, if the defendant has been previously convicted three

times of an offense under that chapter;

(B) used or intended to be used in the commission

of:

(i) any felony under Chapter 481, Health

and Safety Code (Texas Controlled Substances Act);

(ii) any felony under Chapter 483, Health

and Safety Code;

(iii) a felony under Chapter 153, Finance

Code;

(iv) any felony under Chapter 34, Penal

Code;

(v) a Class A misdemeanor under Subchapter

B, Chapter 365, Health and Safety Code, if the defendant has been

previously convicted twice of an offense under that subchapter;

(vi) any felony under Chapter 152, Finance

Code;

(vii) any felony under Chapter 32, Human

Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that

involves the state Medicaid program;

(viii) a Class B misdemeanor under Chapter

522, Business & Commerce Code; or

(ix) a Class A misdemeanor under Section

306.051 [~~35.153~~], Business & Commerce Code;

felony listed in Paragraph (A) or (B) of this subdivision, a

misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a

crime of violence;

(D) acquired with proceeds gained from the

commission of a felony listed in Paragraph (A) or (B) of this

subdivision, a misdemeanor listed in Paragraph (B)(viii) of this

subdivision, or a crime of violence; or

(E) used to facilitate or intended to be used to

facilitate the commission of a felony under Section 15.031 or

43.25, Penal Code.

SECTION 6.007. Article 61.06(c), Code of Criminal

Procedure, as amended by Chapters 258 (S.B. 111), 263 (S.B. 103),

and 1308 (S.B. 1909), Acts of the 80th Legislature, Regular

Session, 2007, is reenacted to read as follows:

removed from an intelligence database under Subsection (b), the

three-year period does not include any period during which the

individual who is the subject of the information is:

(1) confined in a correctional facility operated by or

under contract with the Texas Department of Criminal Justice;

(2) committed to a secure correctional facility

operated by or under contract with the Texas Youth Commission, as

defined by Section 51.02, Family Code; or

(3) confined in a county jail or confined in or

committed to a facility operated by a juvenile board in lieu of

being confined in a correctional facility operated by or under

contract with the Texas Department of Criminal Justice or being

committed to a secure correctional facility operated by or under

contract with the Texas Youth Commission.

SECTION 6.008. Article 102.011(a), Code of Criminal

Procedure, as amended by Sections 20 and 21, Chapter 1263 (H.B.

3060), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted to read as follows:

(a) A defendant convicted of a felony or a misdemeanor shall

pay the following fees for services performed in the case by a peace

officer:

(1) $5 for issuing a written notice to appear in court

following the defendant's violation of a traffic law, municipal

ordinance, or penal law of this state, or for making an arrest

without a warrant;

(2) $50 for executing or processing an issued arrest

warrant, capias, or capias pro fine with the fee imposed for the

services of:

(A) the law enforcement agency that executed the

arrest warrant or capias, if the agency requests of the court, not

later than the 15th day after the date of the execution of the

arrest warrant or capias, the imposition of the fee on conviction;

(B) the law enforcement agency that processed the

arrest warrant or capias, if:

(i) the arrest warrant or capias was not

executed; or

(ii) the executing law enforcement agency

failed to request the fee within the period required by Paragraph

(A) of this subdivision;

(3) $5 for summoning a witness;

(4) $35 for serving a writ not otherwise listed in this

article;

(5) $10 for taking and approving a bond and, if

necessary, returning the bond to the courthouse;

(6) $5 for commitment or release;

(7) $5 for summoning a jury, if a jury is summoned; and

(8) $8 for each day's attendance of a prisoner in a

habeas corpus case if the prisoner has been remanded to custody or

held to bail.

ARTICLE 7. CHANGES RELATING TO EDUCATION CODE

SECTION 7.001. Section 21.511, Education Code, is amended

to add a heading to read as follows:

Sec. 21.511. RULES. The commissioner shall adopt rules to

implement this subchapter.

SECTION 7.002. (a) Section 25.087(c), Education Code, as

added by Chapter 660 (H.B. 1187), Acts of the 80th Legislature,

Regular Session, 2007, is amended to read as follows:

through 12 for the purpose of sounding "Taps" at a military honors

funeral held in this state for a deceased veteran. [~~A student whose~~

~~absence is excused under this subsection may not be penalized for~~

~~that absence and shall be counted as if the student attended school~~

~~for purposes of calculating the average daily attendance of~~

~~students in the school district.~~ ~~A student whose absence is~~

~~excused under this subsection shall be allowed a reasonable time to~~

~~make up school work missed on those days.~~ ~~If the student~~

~~satisfactorily completes the school work, the day of absence shall~~

~~be counted as a day of compulsory attendance.~~]

(b) Section 25.087(c), Education Code, as added by Chapter

479 (H.B. 2455), Acts of the 80th Legislature, Regular Session,

2007, is relettered as Subsection (d) and amended to read as

follows:

(d) [~~(c)~~] A student whose absence is excused under

Subsection (b) or (c) may not be penalized for that absence and

shall be counted as if the student attended school for purposes of

calculating the average daily attendance of students in the school

district. A student whose absence is excused under Subsection (b)

or (c) shall be allowed a reasonable time to make up school work

missed on those days. If the student satisfactorily completes the

school work, the day of absence shall be counted as a day of

compulsory attendance.

SECTION 7.003. Section 25.0951(a), Education Code, as

amended by Chapters 908 (H.B. 2884) and 984 (S.B. 1161), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(a) If a student fails to attend school without excuse on 10

or more days or parts of days within a six-month period in the same

school year, a school district shall within 10 school days of the

student's 10th absence:

(1) file a complaint against the student or the

student's parent or both in a county, justice, or municipal court

for an offense under Section 25.093 or 25.094, as appropriate, or

refer the student to a juvenile court in a county with a population

of less than 100,000 for conduct that violates Section 25.094; or

(2) refer the student to a juvenile court for conduct

indicating a need for supervision under Section 51.03(b)(2), Family

Code.

SECTION 7.004. (a) Section 33.085, Education Code, is

transferred to Subchapter A, Chapter 38, Education Code, and

redesignated as Section 38.024, Education Code.

(b) The heading to Section 38.024, Education Code, as

redesignated from Section 33.085, Education Code, by Subsection (a)

of this section, is amended to read as follows:

Sec. 38.024 [~~33.085~~]. INSURANCE AGAINST STUDENT INJURIES

[~~FOR CERTAIN SCHOOL ACTIVITIES~~].

SECTION 7.005. Section 37.203(a), Education Code, as

amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(a) The center is advised by a board of directors composed

of:

(1) the attorney general, or the attorney general's

designee;

(2) the commissioner, or the commissioner's designee;

(3) the executive director of the Texas Juvenile

Probation Commission, or the executive director's designee;

(4) the executive commissioner of the Texas Youth

Commission, or the executive commissioner's designee;

(5) the commissioner of the Department of State Health

Services, or the commissioner's designee;

(6) the commissioner of higher education, or the

commissioner's designee; and

(7) the following members appointed by the governor

with the advice and consent of the senate:

(A) a juvenile court judge;

(B) a member of a school district's board of

trustees;

(D) an administrator of a public secondary

school;

(E) a member of the state parent-teacher

association;

(F) a teacher from a public primary or secondary

school;

(G) a public school superintendent who is a

member of the Texas Association of School Administrators;

(H) a school district police officer or a peace

officer whose primary duty consists of working in a public school;

and

(I) two members of the public.

SECTION 7.006. Effective September 1, 2010, Section

42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and

1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,

2007, is reenacted to read as follows:

(a-1) In this section, "wealth per student" has the meaning

assigned by Section 41.001. For purposes of Subsection (a), the

dollar amount guaranteed level of state and local funds per

weighted student per cent of tax effort ("GL") for a school district

is:

(1) the amount of district tax revenue per weighted

student per cent of tax effort available to a district at the 88th

percentile in wealth per student, as determined by the commissioner

in cooperation with the Legislative Budget Board, for the

district's maintenance and operations tax effort equal to or less

than the rate equal to the product of the state compression

percentage, as determined under Section 42.2516, multiplied by the

maintenance and operations tax rate adopted by the district for the

2005 tax year;

(2) the greater of the amount of district tax revenue

per weighted student per cent of tax effort that would be available

to the Austin Independent School District, as determined by the

commissioner in cooperation with the Legislative Budget Board, if

the reduction of the limitation on tax increases as provided by

Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the

amount of district tax revenue per weighted student per cent of tax

effort used for purposes of this subdivision in the preceding

school year, for the first six cents by which the district's

maintenance and operations tax rate exceeds the rate equal to the

product of the state compression percentage, as determined under

Section 42.2516, multiplied by the maintenance and operations tax

rate adopted by the district for the 2005 tax year; and

(3) $31.95, for the district's maintenance and

operations tax effort that exceeds the amount of tax effort

described by Subdivision (2).

SECTION 7.007. Section 46.061, Education Code, is amended

to add a heading to read as follows:

Sec. 46.061. STATE ASSISTANCE FOR REFINANCING. (a) The

commissioner by rule may provide for the payment of state

assistance under this chapter to refinance school district debt. A

refinancing may not increase the cost to the state of providing the

assistance.

(b) The commissioner may allocate state assistance provided

for a refinancing to Subchapter A, Subchapter B, or both, as

appropriate.

SECTION 7.008. Section 51.807, Education Code, as amended

by Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 51.807. RULEMAKING. (a) To ensure a uniform standard

for admissions under this subchapter, the Texas Higher Education

Coordinating Board shall adopt rules establishing a standard method

for computing a student's high school grade point average. The

method established under this subsection:

(1) must:

(A) be based on a four-point scale; and

(B) assign additional weight for each honors

course, advanced placement course, international baccalaureate

course, or dual credit course completed by the student as the board

considers appropriate, taking into consideration the academic

rigor of each course completed by the student; and

(2) may result in a student having a grade point

average higher than 4.0 on a four-point scale as a result of the

assignment of additional weight for one or more courses completed

by a student under Subdivision (1)(B).

(b) The Texas Higher Education Coordinating Board, after

consulting with the Texas Education Agency, by rule shall establish

standards for determining for purposes of this subchapter:

(1) whether a private high school is accredited by a

generally recognized accrediting organization; and

(2) whether a person completed a high school

curriculum that is equivalent in content and rigor to the

curriculum requirements established under Section 28.025 for the

recommended or advanced high school program.

operation of admissions programs under this subchapter, including

rules relating to the identification of eligible students.

(d) The standard method established under Subsection (a)

for computing a student's high school grade point average applies

to computing the grade point average of a student applying as a

first-time freshman for admission to a general academic teaching

institution beginning with admissions for the 2009 fall semester.

This subsection expires January 1, 2010.

SECTION 7.009. Section 54.204(b), Education Code, as

amended by Chapters 214 (H.B. 741) and 1318 (S.B. 1233), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(b) The governing board of each institution of higher

education shall exempt from the payment of all dues, fees, and

charges any person whose parent is an eligible firefighter or law

enforcement officer who has suffered an injury, resulting in death

or disability, sustained in the line of duty according to the

regulations and criteria then in effect governing the department or

agency in which the eligible firefighter or law enforcement officer

volunteered or was employed. The exemption does not apply to

general deposits or to fees or charges for lodging, board, or

clothing.

SECTION 7.010. Section 54.765(a), Education Code, is

amended to correct a cross-reference to read as follows:

(a) Except as provided by Subsection (h) [~~(e)~~], the

comptroller is the custodian of the assets of the fund.

SECTION 7.011. Section 61.9758(a), Education Code, as added

by Chapters 889 (H.B. 2426) and 936 (H.B. 3443), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

(a) Each hospital-based nursing education partnership that

receives a grant under this subchapter shall submit to the board

narrative and financial reports that include information

concerning the extent to which during the reporting period the

partnership has complied with accountability standards established

by the board.

ARTICLE 8. CHANGES RELATING TO ELECTION CODE

SECTION 8.001. Section 18.005(a), Election Code, as amended

by Chapters 594 (H.B. 41) and 1295 (S.B. 74), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(a) Each original and supplemental list of registered

voters must:

(1) contain the voter's name, [~~residence address or~~

~~substitute post office box address, if required by Section~~

~~18.0051,~~] date of birth, and registration number as provided by the

statewide computerized voter registration list;

(2) contain the voter's residence address, except as

provided by Subsections (b) and (c) or Section 18.0051;

(3) be arranged alphabetically by voter name; and

(4) contain the notation required by Section 15.111.

ARTICLE 9. CHANGES RELATING TO FAMILY CODE

SECTION 9.001. Section 154.062(e), Family Code, as added by

Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

(e) In calculating the amount of the deduction for health

care coverage for a child under Subsection (d)(5), if the obligor

has other minor dependents covered under the same health insurance

plan, the court shall divide the total cost to the obligor for the

insurance by the total number of minor dependents, including the

child, covered under the plan.

SECTION 9.002. Section 154.183(b), Family Code, as amended

by Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(b) If the court finds and states in the child support order

that the obligee will maintain health insurance coverage for the

child at the obligee's expense, the court shall increase the amount

of child support to be paid by the obligor in an amount not

exceeding the actual cost to the obligee for maintaining health

insurance coverage, as provided under Section 154.182(b-1). [In

~~calculating the total expense to the obligee for maintaining health~~

~~insurance for the child under this subsection, if the obligee has~~

~~other minor dependents covered under the same health insurance~~

~~plan, the court shall divide the total expense to the obligee for~~

~~the insurance by the total number of minor dependents, including~~

~~the child, covered under the plan.~~]

ARTICLE 10. CHANGES RELATING TO FINANCE CODE

SECTION 10.001. Sections 11.309(a) and (b), Finance Code,

are amended to correct references to read as follows:

(a) In this section, "check verification entity" and

"financial institution" have the meanings assigned by Section

523.052 [~~35.595~~], Business & Commerce Code.

(b) The finance commission shall adopt rules:

(1) requiring a check verification entity to register

with the banking commissioner:

(A) at the intervals the finance commission

determines, but not less frequently than annually; and

(B) by providing to the banking commissioner the

information that the finance commission determines is necessary to

enable a financial institution or a check verification entity to

comply with the requirements of Section 523.052 [~~35.595~~], Business &

Commerce Code;

(2) authorizing the banking commissioner to charge a

check verification entity a reasonable annual fee, not to exceed

$100, to register with the commissioner; and

(3) requiring the banking commissioner to establish an

electronic notification system, through secure e-mail or another

secure system, to be used by a financial institution to notify check

verification entities as required by Section 523.052 [~~35.595~~],

Business & Commerce Code.

SECTION 10.002. Section 31.105, Finance Code, as amended by

Chapters 110 (H.B. 2007) and 237 (H.B. 1962), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 31.105. EXAMINATION REQUIRED. (a) The banking

commissioner shall examine each state bank annually, or on another

periodic basis as may be required by rule or policy, or as the

commissioner considers necessary to:

(1) safeguard the interests of depositors, creditors,

and shareholders; and

(2) efficiently enforce applicable law.

(b) The banking commissioner may:

(1) accept an examination of a state bank by a federal

or other governmental agency instead of an examination under this

section; or

(2) conduct an examination of a state bank jointly

with a federal or other governmental agency.

examine persons under oath on any subject that the commissioner

considers pertinent to the financial condition or the safety and

soundness of the activities of a state bank.

(d) Disclosure of information to the banking commissioner

pursuant to an examination request does not constitute a waiver of

or otherwise affect or diminish an evidentiary privilege to which

the information is otherwise subject. A report of an examination

under this section is confidential and may be disclosed only under

the circumstances provided by this subtitle.

SECTION 10.003. Section 32.004(c), Finance Code, as amended

by Chapters 237 (H.B. 1962) and 735 (H.B. 2754), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

confidential or nonconfidential character of information obtained

or prepared by the department under this chapter. Except as

provided by Subchapter D, Chapter 31, or in rules regarding

confidential information, the business plan of the applicant and

the financial statement of a proposed officer or director are

confidential and not subject to public disclosure.

SECTION 10.004. Section 156.204(a), Finance Code, is

amended to conform to Section 6, Chapter 905 (H.B. 2783), Acts of

the 80th Legislature, Regular Session, 2007, and further amended to

conform to changes in terminology made by Chapter 703 (S.B. 414),

Acts of the 77th Legislature, Regular Session, 2001, and the

enactment of Title 13, Insurance Code, to read as follows:

(a) To be eligible to be licensed as a mortgage broker as an

individual, the individual must:

(1) be at least 18 years of age;

(2) be a citizen of the United States or a lawfully

admitted alien;

(3) maintain a physical office in this state and

designate that office in the application;

(4) provide the commissioner with satisfactory

evidence that the applicant satisfies one of the following:

(A) the individual [~~person~~] has received a

bachelor's degree in an area relating to finance, banking, or

business administration from an accredited college or university

and has 18 months of experience in the mortgage or lending field as

evidenced by documentary proof of full-time employment as a

mortgage broker or licensed loan officer with a mortgage broker or

an individual [~~a person~~] exempt under Section 156.202;

(B) the individual [~~person~~] is licensed in this

state as:

(i) an active real estate broker under

Chapter 1101, Occupations Code;

(ii) an active attorney; or

(iii) a general property and casualty

insurance agent under Chapter 4051, Insurance Code, [~~local~~

~~recording agent or insurance solicitor~~] or an agent for a legal

reserve life insurance company under Subtitle B, Title 13 [~~Chapter~~

21], Insurance Code, or holds an equivalent license under Subtitle

B, Title 13 [~~Chapter 21~~], Insurance Code; or

experience in the mortgage lending field as evidenced by

documentary proof of full-time employment as a licensed loan

officer with a mortgage broker or an individual [~~a person~~] exempt

under Section 156.202;

(5) provide the commissioner with satisfactory

evidence of:

(A) having passed an examination, offered by a

testing service or company approved by the finance commission, that

demonstrates knowledge of:

(i) the mortgage industry; and

(ii) the role and responsibilities of a

mortgage broker; and

(B) compliance with the financial requirements

of this chapter;

(6) not have been convicted of a criminal offense that

the commissioner determines directly relates to the occupation of a

mortgage broker as provided by Chapter 53, Occupations Code;

(7) satisfy the commissioner as to the individual's

good moral character, including the individual's honesty,

trustworthiness, and integrity;

(8) not be in violation of this chapter, a rule adopted

under this chapter, or any order previously issued to the

individual by the commissioner; and

(9) provide the commissioner with satisfactory

evidence that:

(A) if the individual [~~person~~] has not been

previously licensed as a mortgage broker or a loan officer under

this subchapter, the individual [~~person~~] has completed 90 classroom

hours of education courses approved by the commissioner under this

section; or

(B) if the individual [~~person~~] has not been

previously licensed as a mortgage broker under this subchapter but

has been licensed as a loan officer under this subchapter, the

individual [~~person~~] has successfully completed an additional 30

classroom hours of education courses approved by the commissioner

under this section.

ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE

PART A. GENERAL CHANGES

SECTION 11.001. Section 61.003(a), Government Code, as

amended by Chapters 661 (H.B. 1204) and 1378 (S.B. 560), Acts of the

80th Legislature, Regular Session, 2007, and Section 61.003(a-1),

Government Code, as added by Chapters 661 (H.B. 1204) and 1378 (S.B.

560), Acts of the 80th Legislature, Regular Session, 2007, are

reenacted to read as follows:

(a) Each person who reports for jury service shall be

personally provided a form letter that when signed by the person

directs the county treasurer to donate all, or a specific amount

designated by the person, of the person's daily reimbursement under

this chapter to:

(1) the compensation to victims of crime fund under

Subchapter B, Chapter 56, Code of Criminal Procedure;

(2) the child welfare board of the county appointed

under Section 264.005, Family Code;

(3) any program selected by the commissioners court

that is operated by a public or private nonprofit organization and

that provides shelter and services to victims of family violence;

(4) any other program approved by the commissioners

court of the county, including a program established under Article

56.04(f), Code of Criminal Procedure, that offers psychological

counseling to jurors in criminal cases involving graphic evidence

or testimony.

(a-1) The form letter provided under Subsection (a) must

include a blank in which a person may enter the amount of the daily

reimbursement the person wishes to donate.

SECTION 11.002. Section 411.042(b), Government Code, as

amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.

9), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(b) The bureau of identification and records shall:

(1) procure and file for record photographs, pictures,

descriptions, fingerprints, measurements, and other pertinent

information of all persons arrested for or charged with a criminal

offense or convicted of a criminal offense, regardless of whether

the conviction is probated;

(2) collect information concerning the number and

nature of offenses reported or known to have been committed in the

state and the legal steps taken in connection with the offenses, and

other information useful in the study of crime and the

administration of justice, including information that enables the

bureau to create a statistical breakdown of offenses in which

family violence was involved and a statistical breakdown of

offenses under Sections 22.011 and 22.021, Penal Code;

(3) make ballistic tests of bullets and firearms and

chemical analyses of bloodstains, cloth, materials, and other

substances for law enforcement officers of the state;

(4) cooperate with identification and crime records

bureaus in other states and the United States Department of

Justice;

(5) maintain a list of all previous background checks

for applicants for any position regulated under Chapter 1702,

Occupations Code, who have undergone a criminal history background

check under Section 411.119, if the check indicates a Class B

misdemeanor or equivalent offense or a greater offense;

(6) collect information concerning the number and

nature of protective orders and all other pertinent information

about all persons on active protective orders. Information in the

law enforcement information system relating to an active protective

order shall include:

(A) the name, sex, race, date of birth, personal

descriptors, address, and county of residence of the person to whom

the order is directed;

(B) any known identifying number of the person to

whom the order is directed, including the person's social security

number or driver's license number;

person protected by the order;

(D) the residence address and place of employment

or business of the person protected by the order, unless that

information is excluded from the order under Section 85.007, Family

Code;

(E) the child-care facility or school where a

child protected by the order normally resides or which the child

normally attends, unless that information is excluded from the

order under Section 85.007, Family Code;

(F) the relationship or former relationship

between the person who is protected by the order and the person to

whom the order is directed; and

(G) the date the order expires; [~~and~~]

(7) grant access to criminal history record

information in the manner authorized under Subchapter F; and

(8) [~~(7)~~] collect and disseminate information

regarding offenders with mental impairments in compliance with

Chapter 614, Health and Safety Code.

SECTION 11.003. Section 411.042(g), Government Code, as

amended by Chapters 70 (H.B. 76) and 1372 (S.B. 9), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(g) The department may adopt reasonable rules under this

section relating to:

(1) law enforcement information systems maintained by

the department;

(2) the collection, maintenance, and correction of

records;

(3) reports of criminal history information submitted

to the department;

(4) active protective orders issued under Title 4,

Family Code, and reporting procedures that ensure that information

relating to the issuance of an active protective order and to the

dismissal of an active protective order is reported to the local law

enforcement agency at the time of the order's issuance or dismissal

and entered by the local law enforcement agency in the state's law

enforcement information system; [~~and~~]

(5) the collection of information described by

Subsection (h); and

(6) [~~(5)~~] a system for providing criminal history

record information through the criminal history clearinghouse

under Section 411.0845.

SECTION 11.004. Sections 420.008(b) and (c), Government

Code, are amended to correct references to read as follows:

(b) The fund consists of fees collected under:

(1) Section 19(e), Article 42.12, Code of Criminal

Procedure;

(2) Section 508.189, Government Code; and

(3) Subchapter B, Chapter 102 [47], Business &

Commerce Code, and deposited under Section 102.054 [~~47.054~~].

credit of the fund only to:

(1) the attorney general, for:

(A) sexual violence awareness and prevention

campaigns;

(B) grants to faith-based groups, independent

school districts, and community action organizations for programs

for the prevention of sexual assault and programs for victims of

human trafficking;

examiner programs, to support the preceptorship of future sexual

assault nurse examiners, and for the continuing education of sexual

assault nurse examiners;

(D) grants to increase the level of sexual

assault services in this state;

(E) grants to support victim assistance

coordinators;

(F) grants to support technology in rape crisis

centers;

(G) grants to and contracts with a statewide

nonprofit organization exempt from federal income taxation under

Section 501(c)(3), Internal Revenue Code of 1986, having as a

primary purpose ending sexual violence in this state, for programs

for the prevention of sexual violence, outreach programs, and

technical assistance to and support of youth and rape crisis

centers working to prevent sexual violence; and

(H) grants to regional nonprofit providers of

civil legal services to provide legal assistance for sexual assault

victims;

(2) the Department of State Health Services, to

measure the prevalence of sexual assault in this state and for

grants to support programs assisting victims of human trafficking;

(3) the Institute on Domestic Violence and Sexual

Assault at The University of Texas at Austin, to conduct research on

all aspects of sexual assault and domestic violence;

(4) Texas State University, for training and technical

assistance to independent school districts for campus safety;

(5) the office of the governor, for grants to support

sexual assault and human trafficking prosecution projects;

(6) the Department of Public Safety, to support sexual

assault training for commissioned officers;

(7) the comptroller's judiciary section, for

increasing the capacity of the sex offender civil commitment

program;

(8) the Texas Department of Criminal Justice:

(A) for pilot projects for monitoring sex

offenders on parole; and

(B) for increasing the number of adult

incarcerated sex offenders receiving treatment;

(9) the Texas Youth Commission, for increasing the

number of incarcerated juvenile sex offenders receiving treatment;

(10) the comptroller, for the administration of the

fee imposed on sexually oriented businesses under Section 102.052

[~~47.052~~], Business & Commerce Code; and

(11) the supreme court, to be transferred to the Texas

Equal Access to Justice Foundation, or a similar entity, to provide

victim-related legal services to sexual assault victims, including

legal assistance with protective orders, relocation-related

matters, victim compensation, and actions to secure privacy

protections available to victims under law.

SECTION 11.005. Section 431.134(a), Government Code, as

amended by Chapters 740 (H.B. 2896), 741 (H.B. 2897), and 1080 (H.B.

2895), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(a) The adjutant general may adopt rules and regulations

relating to the:

(1) Texas Faithful Service Medal, which shall be

awarded to a member of the state military forces who has completed

five years of honorable service during which the person has shown

fidelity to duty, efficient service, and great loyalty to the

state;

(2) Federal Service Medal, which shall be awarded to a

person who was inducted into federal service from the state

military forces between June 15, 1940, and January 1, 1946, or after

June 1, 1950, if the service was for more than 90 days;

(3) Texas Medal of Merit, which may be presented to a

member of the military forces of this state, another state, or the

United States who performs outstanding service or attains

extraordinary achievement in behalf of the state or United States;

(4) Texas Outstanding Service Medal, which may be

presented to a member of the military forces of this state, another

state, or the United States who has performed service in a superior

and clearly outstanding manner;

(5) Texas State Guard Service Medal, which shall be

awarded to a person who completes three consecutive years of

honorable service in the Texas State Guard during which the person

has shown fidelity to duty, efficient service, and great loyalty to

the state;

(6) Texas Desert Shield/Desert Storm Campaign Medal,

which shall be awarded to a person who was inducted into federal

service from the Texas National Guard after August 1, 1990, in

support of Operation Desert Shield or Operation Desert Storm,

without regard to the place that the person was deployed while

serving on active federal military duty;

(7) Texas Humanitarian Service Medal, which shall be

awarded to a person who:

(A) does not meet the criteria for an award of the

federal Humanitarian Service Medal;

(B) is a member of the state military forces; and

duty under state authority in accordance with Title 32 of the United

States Code, participates satisfactorily in defense support to a

mission under civilian authority to protect life or property during

or soon after a natural disaster or civil unrest in the state;

(8) Texas Cavalry Medal, which shall be awarded to a

person who:

(A) served on or after September 11, 2001, in the

124th Cavalry, Texas Army National Guard; and

(B) served in a hostile fire zone as designated

by the United States secretary of defense;

(9) Texas Combat Service Ribbon, which shall be

awarded to a member of the Texas National Guard who served, after

September 11, 2001, in a hostile fire zone as designated by the

United States secretary of defense;

(10) Texas Purple Heart Medal, which shall be awarded

to a person who, after September 11, 2001:

(A) was inducted into federal service from the

Texas National Guard; and

(B) meets the criteria for an award of the

federal Purple Heart Medal; [~~and~~]

(11) Texas Superior Service Medal, which shall be

awarded to:

(A) a member of the state military forces who

has:

(i) completed 30 or more years of honorable

state service or a combination of state and federal service; and

(ii) continually demonstrated superior

performance and service while assigned to key leadership positions

demanding responsibility; or

(B) a civilian who has contributed significant

service to the state military forces; and

(12) [~~(11)~~] Texas Homeland Defense Service Medal,

which shall be awarded to a member of the state military forces who

served:

(A) on or after September 11, 2001;

(B) on state active duty or active duty under

state authority in accordance with Title 32 of the United States

Code; and

mission in the state under civilian authority.

SECTION 11.006. Sections 465.0082 and 465.018(b),

Government Code, are repealed to conform to the repeal of Chapter

465, Government Code, by Chapter 609 (H.B. 387), Acts of the 80th

Legislature, Regular Session, 2007.

SECTION 11.007. Section 487.051(a), Government Code, as

amended by Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(a) The office shall:

(1) assist rural communities in the key areas of

economic development, community development, rural health, and

rural housing;

(2) serve as a clearinghouse for information and

resources on all state and federal programs affecting rural

communities;

(3) in consultation with rural community leaders,

locally elected officials, state elected and appointed officials,

academic and industry experts, and the interagency work group

created under this chapter, identify and prioritize policy issues

and concerns affecting rural communities in the state;

(4) make recommendations to the legislature to address

the concerns affecting rural communities identified under

Subdivision (3);

(5) monitor developments that have a substantial

effect on rural Texas communities, especially actions of state

government, and compile an annual report describing and evaluating

the condition of rural communities;

(6) administer the federal community development

block grant nonentitlement program;

(7) administer programs supporting rural health care

as provided by this chapter;

(8) perform research to determine the most beneficial

and cost-effective ways to improve the welfare of rural

communities;

(9) ensure that the office qualifies as the state's

office of rural health for the purpose of receiving grants from the

Office of Rural Health Policy of the United States Department of

Health and Human Services under 42 U.S.C. Section 254r;

(10) manage the state's Medicare rural hospital

flexibility program under 42 U.S.C. Section 1395i-4;

(11) seek state and federal money available for

economic development in rural areas for programs under this

chapter; [~~and~~]

(12) in conjunction with the Department of

Agriculture, regularly cross-train office employees with employees

of the Department of Agriculture regarding the programs

administered and services provided by each agency to rural

communities; and

(13) [~~(11)~~] work with interested persons to assist

volunteer fire departments and emergency services districts in

rural areas.

SECTION 11.008. Section 508.145(d), Government Code, is

amended to correct a reference to read as follows:

(d) An inmate serving a sentence for an offense described by

Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), or (J),

Article 42.12, Code of Criminal Procedure, or for an offense for

which the judgment contains an affirmative finding under Section

3g(a)(2) of that article, is not eligible for release on parole

until the inmate's actual calendar time served, without

consideration of good conduct time, equals one-half of the sentence

or 30 calendar years, whichever is less, but in no event is the

inmate eligible for release on parole in less than two calendar

years.

SECTION 11.009. Section 531.0055(m), Government Code, is

amended to correct references to read as follows:

(m) The executive commissioner shall establish standards

for the use of electronic signatures in accordance with the Uniform

Electronic Transactions Act (Chapter 322 [43], Business & Commerce

Code), with respect to any transaction, as defined by Section

322.002 [~~43.002~~], Business & Commerce Code, in connection with the

administration of health and human services programs.

SECTION 11.010. Section 531.089, Government Code, as added

by Chapter 1008 (H.B. 867), Acts of the 79th Legislature, Regular

Session, 2005, and as renumbered by Chapter 921 (H.B. 3167), Acts of

the 80th Legislature, Regular Session, 2007, is transferred to

Subchapter B, Chapter 531, Government Code.

SECTION 11.011. The heading to Section 551.0726, Government

Code, is amended to read as follows:

Sec. 551.0726. TEXAS FACILITIES [~~BUILDING AND PROCUREMENT~~]

COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED;

CLOSED MEETING.

SECTION 11.012. Sections 551.0812 and 572.003(c)(20),

Government Code, are repealed to conform to the abolition of the

State Banking Board by Chapter 914 (H.B. 1543), Acts of the 74th

Legislature, Regular Session, 1995.

SECTION 11.013. The heading to Section 551.121, Government

Code, as amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827),

Acts of the 80th Legislature, Regular Session, 2007, is reenacted

to read as follows:

Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER

EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER

EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE

ACTION.

SECTION 11.014. Section 551.121(c), Government Code, as

amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

by this section may be held only if:

(1) the meeting is a special called meeting and

immediate action is required; and

(2) the convening at one location of a quorum of the

governing board, the Board for Lease of University Lands, or the

Texas Higher Education Coordinating Board, as applicable, is

difficult or impossible.

SECTION 11.015. Section 1371.152, Government Code, is

amended to correct references to read as follows:

Sec. 1371.152. EXEMPTIONS. This subchapter does not apply

to:

(1) an issuer who has more than $3 billion in

outstanding obligations as of September 1, 2007, or to a nonprofit

corporation investing funds on behalf of such an issuer;

(2) a person acting as a financial adviser with

respect to an issuance of public securities by an issuer created

under Chapter 8503, Special District Local Laws Code [~~222, Water~~

~~Code~~], delivered before January 1, 2010, under a contract that was

in effect on September 1, 2007, and that has not been modified since

that date;

(3) an employee of an issuer providing advice to the

issuer or to another issuer;

(4) a state agency:

(A) created by Section 49-b, Article III, Texas

Constitution; or

(B) the head of which is an officer in the

executive department under Section 1, Article IV, Texas

Constitution; or

(5) a corporation created under Chapter 505, Local

Government Code [~~Section 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~], by a municipality

located in a county bordering the Rio Grande River.

SECTION 11.016. Section 1372.0222, Government Code, as

amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and 1108 (H.B.

3552), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted to read as follows:

Sec. 1372.0222. DEDICATION OF PORTION OF STATE CEILING FOR

FIRE FIGHTER, LAW ENFORCEMENT OR SECURITY OFFICER, AND EMERGENCY

MEDICAL SERVICES PERSONNEL HOME LOAN PROGRAM. Until August 7, out

of that portion of the state ceiling that is available exclusively

for reservations by the Texas State Affordable Housing Corporation

under Section 1372.0223, 45.5 percent shall be allotted each year

and made available to the corporation for the purpose of issuing

qualified mortgage bonds in connection with the fire fighter, law

enforcement or security officer, and emergency medical services

personnel home loan program established under Section 2306.5621.

SECTION 11.017. Section 1372.031, Government Code, as

amended by Chapters 991 (S.B. 1332) and 1108 (H.B. 3552), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted to read

as follows:

Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN

ISSUERS. (a) Except as provided by Subsection (b) and subject to

Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before

October 20, more than one issuer in a category described by Section

1372.022(a)(2), (3), (4), or (6) applies for a reservation of the

state ceiling for the next program year, the board shall grant

reservations in that category in the order determined by the board

by lot.

(b) Until August 1 of the program year, within the category

described by Section 1372.022(a)(6), the board shall grant priority

to the Texas Economic Development Bank for projects that the Texas

Economic Development and Tourism Office determines meet the

governor's criteria for funding from the Texas Enterprise Fund.

Notwithstanding the priority, the Texas Economic Development Bank

may not receive an amount greater than one-sixth of the portion of

the state ceiling available under Section 1372.022(a)(6) on January

1 of the program year.

ceiling for a program year under Subsection (b), among those

projects the Texas Economic Development and Tourism Office

determines meet the governor's criteria for funding from the Texas

Enterprise Fund the office shall give priority to obtaining

reservations for those projects located or to be located in an

economically depressed or blighted area, as defined by Section

2306.004, or in an enterprise zone designated under Chapter 2303.

(d) This section and Section 1372.063 do not give a priority

to any project described by Subsection (b) for the purpose of

selecting projects for reservations under Section 1372.022(b).

(e) The Texas Economic Development Bank is subject to

Section 1201.027(d).

SECTION 11.018. Section 2054.055(b), Government Code, as

amended by Chapters 394 (S.B. 757), 691 (H.B. 1788), and 1208 (H.B.

1789), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

(b) The report must:

(1) assess the progress made toward meeting the goals

and objectives of the state strategic plan for information

resources management;

(2) describe major accomplishments of the state or a

specific state agency in information resources management;

(3) describe major problems in information resources

management confronting the state or a specific state agency;

(4) provide a summary of the total expenditures for

information resources and information resources technologies by

the state;

(5) make recommendations for improving the

effectiveness and cost-efficiency of the state's use of information

resources;

(6) describe the status, progress, benefits, and

efficiency gains of the TexasOnline project, including any

significant issues regarding contract performance;

(7) provide a financial summary of the TexasOnline

project, including project costs and revenues;

(8) provide a summary of the amount and use of

Internet-based training conducted by each state agency and

institution of higher education; [~~and~~]

(9) provide a summary of agency and statewide results

in providing access to electronic and information resources to

individuals with disabilities as required by Subchapter M; and

(10) [~~(7)~~] assess the progress made toward

accomplishing the goals of the plan for a state telecommunications

network and developing a system of telecommunications services as

provided by Subchapter H.

SECTION 11.019. Section 2054.092(b), Government Code, as

amended by Chapters 394 (S.B. 757) and 691 (H.B. 1788), Acts of the

80th Legislature, Regular Session, 2007, is reenacted and amended

to read as follows:

(b) The plan must:

(1) provide a strategic direction for information

resources management in state government for the five fiscal years

following adoption of the plan;

(2) outline a state information architecture that

contains a logically consistent set of principles, policies, and

standards to guide the engineering of state government's

information technology systems and infrastructure in a way that

ensures compatibility and alignment with state government's needs;

(3) designate and report on critical electronic

government projects to be directed by the department, including a

project for electronic purchasing;

(4) provide information about best practices to assist

state agencies in adopting effective information management

methods, including the design, deployment, and management of

information resources projects, cost-benefit analyses, and staff

reengineering methods to take full advantage of technological

advancements;

(5) provide long-range policy guidelines for

information resources in state government, including the

implementation of national, international, and department

standards for information resources technologies;

(6) identify major issues faced by state agencies

related to the acquisition of computer hardware, computer software,

and information resources technology services and develop a

statewide approach to address the issues, including:

(A) developing performance measures for

purchasing and contracting; and

(B) identifying opportunities to reuse computer

software code purchased with public funds; [~~and~~]

(7) identify priorities for:

(A) the implementation of information resources

technologies according to the relative economic and social impact

on the state; and

(B) return on investment and cost-benefit

analysis strategies; and

(8) [~~(9)~~] provide information about best practices to

assist state agencies in adopting methods for design, deployment,

and management of telecommunications services.

SECTION 11.020. Section 2054.096(a), Government Code, as

amended by Chapter 645 (H.B. 921), Acts of the 80th Legislature,

Regular Session, 2007, is repealed to conform to the repeal of

Section 2054.096, Government Code, by Chapter 691 (H.B. 1788), Acts

of the 80th Legislature, Regular Session, 2007, a later enactment.

SECTION 11.021. Sections 2054.304(b) and (c), Government

Code, as amended by Chapters 937 (H.B. 3560) and 1081 (H.B. 2918),

Acts of the 80th Legislature, Regular Session, 2007, are reenacted

to read as follows:

(b) Except as provided by Subsection (c), the state agency

must file the project plan with the quality assurance team and the

department before the agency:

(1) spends more than 10 percent of allocated funds for

the project or major contract; or

(2) first issues a vendor solicitation for the project

or contract.

section:

(1) a vendor solicitation may not be issued for the

project or major contract; and

(2) the agency may not post a vendor solicitation for

the project or contract in the state business daily under Section

2155.083.

SECTION 11.022. Section 2155.068(d), Government Code, as

amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(d) As part of the standards and specifications program, the

commission shall:

(1) review contracts for opportunities to recycle

waste produced at state buildings;

(2) develop and update a list of equipment and

appliances that meet the energy efficiency standards provided by

Section 2158.301; and

(3) assist state agencies in selecting products under

Section 2158.301, as appropriate.

SECTION 11.023. Section 2264.001(1), Government Code, as

added by Chapter 853 (H.B. 1196), Acts of the 80th Legislature,

Regular Session, 2007, is amended to correct a reference to read as

follows:

(1) "Economic development corporation" means a

development corporation organized under Subtitle C1, Title 12,

Local Government Code [~~the Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~].

SECTION 11.024. Section 2306.1076(b), Government Code, as

added by Chapters 1029 (H.B. 1637) and 1341 (S.B. 1908), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(b) In addition to funds set aside for the program under

Section 1372.023, the department may solicit and accept funding for

the program from gifts and grants for the purposes of this section.

SECTION 11.025. Sections 2306.553(a) and (b), Government

Code, as amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and

1108 (H.B. 3552), Acts of the 80th Legislature, Regular Session,

2007, are reenacted to read as follows:

(a) The public purpose of the corporation is to perform

activities and services that the corporation's board of directors

determines will promote the public health, safety, and welfare

through the provision of adequate, safe, and sanitary housing

primarily for individuals and families of low, very low, and

extremely low income and for persons who are eligible for loans

under the home loan programs provided by Sections 2306.562 and

2306.5621. The activities and services shall include engaging in

mortgage banking activities and lending transactions and

acquiring, holding, selling, or leasing real or personal property.

(b) The corporation's primary public purpose is to

facilitate the provision of housing by issuing qualified 501(c)(3)

bonds and qualified residential rental project bonds and by making

affordable loans to individuals and families of low, very low, and

extremely low income and to persons who are eligible for loans under

the home loan programs provided by Sections 2306.562 and

2306.5621. The corporation may make first lien, single family

purchase money mortgage loans for single family homes only to

individuals and families of low, very low, and extremely low income

if the individual's or family's household income is not more than

the greater of 60 percent of the median income for the state, as

defined by the United States Department of Housing and Urban

Development, or 60 percent of the area median family income,

adjusted for family size, as defined by that department. The

corporation may make loans for multifamily developments if:

(1) at least 40 percent of the units in a multifamily

development are affordable to individuals and families with incomes

at or below 60 percent of the median family income, adjusted for

family size; or

(2) at least 20 percent of the units in a multifamily

development are affordable to individuals and families with incomes

at or below 50 percent of the median family income, adjusted for

family size.

PART B. UPDATE OF COURT FEES

SECTION 11.101. (a) Section 101.021, Government Code, is

amended to read as follows:

Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT

CODE. The clerk of the supreme court shall collect fees and costs

as follows:

(1) application for writ of error (Sec. 51.005,

Government Code) . . . $50;

(2) additional fee if application for writ of error is

granted (Sec. 51.005, Government Code) . . . $75;

(3) motion for leave to file petition for writ of

mandamus, prohibition, injunction, and other similar proceedings

originating in the supreme court (Sec. 51.005, Government Code)

. . . $50;

(4) additional fee if a motion under Subdivision (3)

is granted (Sec. 51.005, Government Code) . . . $75;

(5) certified question from a court of appeals to the

supreme court (Sec. 51.005, Government Code) . . . $75;

(6) case appealed to the supreme court from the

district court by direct appeal (Sec. 51.005, Government Code)

. . . $100;

(7) any other proceeding filed in the supreme court

(Sec. 51.005, Government Code) . . . $75;

(8) administering an oath and giving a sealed

certificate of the oath (Sec. 51.005, Government Code) . . . $5;

(9) making certain copies, including certificate and

seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if

more than 10 pages;

(10) any official service performed by the clerk for

which a fee is not otherwise provided (Sec. 51.005, Government

Code) . . . reasonable amount set by order or rule of supreme court;

(10-a) supreme court support account filing fee (Sec.

51.0051, Government Code) . . . amount set by the supreme court,

not to exceed $50;

(11) issuance of attorney's license or certificate

(Sec. 51.006, Government Code) . . . $10; and

(12) additional filing fee to fund civil legal

services for the indigent (Sec. 51.941, Government Code) . . . $25.

(b) Section 101.022, Government Code, is repealed.

SECTION 11.102. (a) Section 101.041, Government Code, is

amended to read as follows:

Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT

CODE. The clerk of a court of appeals shall collect fees and costs

as follows:

(1) for cases appealed to and filed in the court of

appeals from the district and county courts within its court of

appeals district (Sec. 51.207, Government Code) . . . $100;

(2) motion for leave to file petition for writ of

mandamus, prohibition, injunction, and other similar proceedings

originating in the court of appeals (Sec. 51.207, Government Code)

. . . $50;

(3) additional fee if the motion under Subdivision (2)

is granted (Sec. 51.207, Government Code) . . . $75;

(4) motion to file or to extend time to file record on

appeal from district or county court (Sec. 51.207, Government Code)

. . . $10;

(5) administering an oath and giving a sealed

certificate of oath (Sec. 51.207, Government Code) . . . $5;

(6) certified copy of papers of record in court

offices, including certificate and seal (Sec. 51.207, Government

Code) . . . $5, or $1 per page if more than five pages;

(7) comparing any document with the original filed in

the offices of the court for purposes of certification (Sec.

51.207, Government Code) . . . $5, or $1 per page if more than five

pages;

(8) any official service performed by the clerk for

which a fee is not otherwise provided (Sec. 51.207, Government

Code) . . . a reasonable fee set by the order or rule of the supreme

court;

(8-a) supreme court support account filing fee (Sec.

51.208, Government Code) . . . amount set by the supreme court, not

to exceed $50; and

(9) additional filing fee to fund civil legal services

for the indigent (Sec. 51.941, Government Code) . . . $25.

(b) Section 101.042, Government Code, is repealed.

SECTION 11.103. (a) Section 101.0611, Government Code, is

amended to conform to the amendments made to Section 101.061,

Government Code, by Chapters 637 (H.B. 764) and 1342 (S.B. 1951),

Acts of the 80th Legislature, Regular Session, 2007, and to conform

to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular

Session, 2007, and is further amended to read as follows:

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;

22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec.

22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec.

22.2061, Government Code) . . . not more than $5;

(F) Ninth Court of Appeals District (Sec.

22.2101, Government Code) . . . $5;

(G) Eleventh Court of Appeals District (Sec.

22.2121, Government Code) . . . $5; and

(H) [~~(G)~~] 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) 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) 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

facilities, if authorized by the county commissioners court (Sec.

51.707, Government Code) . . . not more than $15;

(4) 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;

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) for filing a cross-action, counterclaim,

intervention, contempt action, motion for new trial, or third-party

petition (Sec. 51.317, Government Code) . . . $15;

(6) 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) for records management and preservation (Sec.

51.317, Government Code) . . . $10;

(8) for issuing a subpoena, including one copy (Sec.

51.318, Government Code) . . . $8;

(9) 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) for searching files or records to locate a cause

when the docket number is not provided (Sec. 51.318, Government

Code) . . . $5;

(11) 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) for abstracting a judgment (Sec. 51.318,

Government Code) . . . $8;

(13) for approving a bond (Sec. 51.318, Government

Code) . . . $4;

(14) 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) 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;

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) 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 $15 [~~$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.

(b) Section 101.061, Government Code, as amended by

Chapters 637 (H.B. 764) and 1342 (S.B. 1951), Acts of the 80th

Legislature, Regular Session, 2007, is repealed. Section 101.061,

Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the

80th Legislature, Regular Session, 2007, to reorganize and renumber

that section, continues in effect.

SECTION 11.104. (a) Section 101.0615, Government Code, is

amended to conform to the amendments made to Section 101.062,

Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

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; and

(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) 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) 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) 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) 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) . . . $42 [~~$37~~].

(b) Section 101.062, Government Code, is repealed.

SECTION 11.105. Section 101.0616, Government Code, is

amended to conform to Chapter 614 (H.B. 417), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

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) 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) 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

(3) costs for attorney ad litem appointed to pursue

the restoration of a ward's capacity or modification of the ward's

guardianship (Secs. 694C and 694L, Texas Probate Code) . . .

reasonable compensation.

SECTION 11.106. (a) Section 101.0811, Government Code, is

amended to conform to the amendments made to Section 101.081,

Government Code, by Chapters 1301 (S.B. 600) and 1342 (S.B. 1951),

Acts of the 80th Legislature, Regular Session, 2007, and to conform

to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular

Session, 2007, to read as follows:

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) 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;

22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec.

22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec.

22.2061, Government Code) . . . not more than $5;

(F) Ninth Court of Appeals District (Sec.

22.2101, Government Code) . . . $5;

(G) Eleventh Court of Appeals District (Sec.

22.2121, Government Code) . . . $5; and

(H) [~~(G)~~] Thirteenth Court of Appeals District

(Sec. 22.2141, Government Code) . . . not more than $5;

(2) 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

facilities, if authorized by the county commissioners court (Sec.

51.707, Government Code) . . . not more than $15;

(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

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.

(b) Section 101.0814, Government Code, is amended to

conform to the amendments made to Section 101.081, Government Code,

by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular

Session, 2007, and to conform to the amendments made to Section

101.083, Government Code, by Chapter 1301 (S.B. 600), Acts of the

80th Legislature, Regular Session, 2007, and is further amended to

read as follows:

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) 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) 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

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) 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

(Secs. [~~after the 120th day after the date of the initial filing of~~

~~the action (Sec.~~] 118.052 and 118.056(d), 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;

118.057, Local Government Code) . . . $40; [~~and~~]

(D) claim against estate (Secs. 118.052 and

118.058, Local Government Code) . . . $2; and

(E) supplemental court-initiated guardianship

fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;

(4) 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;

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) . . . $42 [~~$37~~];

(7) 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) 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) 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) 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.

conform to the amendments made to Section 101.081, Government Code,

by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular

Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

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) fee for deposit of a will with the county clerk

during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5

[$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; and

(4) costs for attorney ad litem appointed to pursue

the restoration of a ward's capacity or modification of the ward's

guardianship (Secs. 694C and 694L, Texas Probate Code) . . .

reasonable compensation.

(d) Section 101.081, Government Code, as amended by

Chapters 275 (H.B. 290), 399 (S.B. 819), 1301 (S.B. 600), and 1342

(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,

is repealed. Section 101.081, Government Code, as amended by

Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect.

(e) Sections 101.0818 and 101.083, Government Code, are

repealed.

SECTION 11.107. (a) Section 101.1011, Government Code, is

amended to conform to the amendments made to Section 101.101,

Government Code, by Chapters 718 (H.B. 2359) and 1342 (S.B. 1951),

Acts of the 80th Legislature, Regular Session, 2007, and to conform

to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular

Session, 2007, to read as follows:

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) 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;

22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec.

22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec.

22.2061, Government Code) . . . not more than $5;

(F) Ninth Court of Appeals District (Sec.

22.2101, Government Code) . . . $5;

(G) Eleventh Court of Appeals District (Sec.

22.2121, Government Code) . . . $5; and

(H) [~~(G)~~] Thirteenth Court of Appeals District

(Sec. 22.2141, Government Code) . . . not more than $5;

(2) 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

facilities, if authorized by the county commissioners court (Sec.

51.707, Government Code) . . . not more than $15;

(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.

(b) Section 101.1013, Government Code, is amended to

conform to the amendments made to Section 101.101, Government Code,

by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular

Session, 2007, and is further amended to read as follows:

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) 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) 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

(Secs. [~~after the 120th day after the date of the initial filing of~~

~~the action (Sec.~~] 118.052 and 118.056(d), 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;

118.057, Local Government Code) . . . $40; [~~and~~]

(D) claim against estate (Secs. 118.052 and

118.058, Local Government Code) . . . $2; and

(E) supplemental court-initiated guardianship

fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;

(4) 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;

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.

conform to the amendments made to Section 101.101, Government Code,

by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular

Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

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) fee for deposit of a will with the county clerk

during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5

[$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; and

(4) costs for attorney ad litem appointed to pursue

the restoration of a ward's capacity or modification of the ward's

guardianship (Secs. 694C and 694L, Texas Probate Code) . . .

reasonable compensation.

(d) Section 101.101, Government Code, as amended by

Chapters 275 (H.B. 290), 399 (S.B. 819), 718 (H.B. 2359), and 1342

(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,

is repealed. Section 101.101, Government Code, as amended by

Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect.

(e) Section 101.1016, Government Code, is repealed.

SECTION 11.108. Section 101.1212, Government Code, is

amended to conform to Chapter 26 (S.B. 325), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

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) 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;

22.2041, Government Code) . . . $5;

(D) Fourth Court of Appeals District (Sec.

22.2051, Government Code) . . . not more than $5;

(E) Fifth Court of Appeals District (Sec.

22.2061, Government Code) . . . not more than $5;

(F) Ninth Court of Appeals District (Sec.

22.2101, Government Code) . . . $5;

(G) Eleventh Court of Appeals District (Sec.

22.2121, Government Code) . . . $5; and

(H) [~~(G)~~] Thirteenth Court of Appeals District

(Sec. 22.2141, Government Code) . . . not more than $5;

(2) a jury fee (Sec. 51.604, Government Code) . . .

$22; and

(3) 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.

SECTION 11.109. (a) Section 101.1214, Government Code, is

amended to conform to the amendments made to Section 101.121,

Government Code, by Chapter 399 (S.B. 819), Acts of the 80th

Legislature, Regular Session, 2007, and to conform to the

amendments made to Section 101.123, Government Code, by Chapter

1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,

2007, and is further amended to read as follows:

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) 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) 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

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) 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

(Secs. [~~after the 120th day after the date of the initial filing of~~

~~the action (Sec.~~] 118.052 and 118.056(d), 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;

118.057, Local Government Code) . . . $40; [~~and~~]

(D) claim against estate (Secs. 118.052 and

118.058, Local Government Code) . . . $2; and

(E) supplemental court-initiated guardianship

fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;

(4) 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;

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) deposit on filing petition requesting permission

to create a municipal civic center authority (Sec. 281.013, Local

Government Code) . . . $200;

(6) 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) 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) 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) 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) . . . $42 [~~$37~~].

(b) Section 101.1215, Government Code, is amended to

conform to the amendments made to Section 101.121, Government Code,

by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular

Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

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) fee for deposit of a will with the county clerk

during testator's lifetime (Sec. 71, Texas Probate Code) . . . $5

[$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; and

(4) costs for attorney ad litem appointed to pursue

the restoration of a ward's capacity or modification of the ward's

guardianship (Secs. 694C and 694L, Texas Probate Code) . . .

reasonable compensation.

Chapters 275 (H.B. 290) and 399 (S.B. 819), Acts of the 80th

Legislature, Regular Session, 2007, is repealed. Section 101.121,

Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the

80th Legislature, Regular Session, 2007, to reorganize and renumber

that section, continues in effect.

(d) Sections 101.1217 and 101.123, Government Code, are

repealed.

SECTION 11.110. (a) Section 101.141(b), Government Code,

as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,

Regular Session, 2007, is amended to conform to the amendments made

to Section 101.141(a), Government Code, by Chapters 1046 (H.B.

2094) and 1342 (S.B. 1951), Acts of the 80th Legislature, Regular

Session, 2007, to read as follows:

(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; and

facilities, if authorized by the county commissioners court (Sec.

51.707, Government Code) . . . not more than $15;

(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. 2308.457, Occupations [~~685.008, Transportation~~] Code) . . .

$20.

(b) Section 101.151(a), Government Code, is amended to

conform to the amendments made to Section 101.141(b), Government

Code, by Chapter 552 (S.B. 1412), Acts of the 80th Legislature,

Regular Session, 2007, to read as follows:

(a) 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) . . . $25 [~~$15~~]; and

(B) small claims court (Sec. 118.121, Local

Government Code) . . . $25 [~~$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;

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.

Chapters 552 (S.B. 1412), 1046 (H.B. 2094), and 1342 (S.B. 1951),

Acts of the 80th Legislature, Regular Session, 2007, is repealed.

Section 101.141, Government Code, as amended by Chapter 921 (H.B.

3167), Acts of the 80th Legislature, Regular Session, 2007, to

reorganize and renumber that section, continues in effect as

amended by this section.

SECTION 11.111. (a) Section 102.021, Government Code, is

amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th

Legislature, Regular Session, 2007, and is further amended 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;

(2) a fee for services of prosecutor (Art. 102.008,

Code of Criminal Procedure) . . . $25;

(3) 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, or capias pro fine (Art. 102.011, Code of

Criminal Procedure) . . . $50;

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) 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) 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) 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) court costs on an offense of passing a school bus

(Art. 102.014, Code of Criminal Procedure) . . . $25;

(8) court costs on an offense of truancy or

contributing to truancy (Art. 102.014, Code of Criminal Procedure)

. . . $20;

(9) cost for visual recording of intoxication arrest

before conviction (Art. 102.018, Code of Criminal Procedure) . . .

$15;

(10) cost of certain evaluations (Art. 102.018, Code

of Criminal Procedure) . . . actual cost;

(11) 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) 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) cost for DNA testing for certain felonies (Art.

102.020, Code of Criminal Procedure) . . . $250;

(14) 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; and

(17) costs attendant to convictions under Chapter 49,

Penal Code, and under Chapter 481, Health and Safety Code, to help

fund drug court programs established under Chapter 469, Health and

Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.

(b) Section 102.0215, Government Code, is repealed.

SECTION 11.112. (a) Section 102.0212, Government Code, is

amended to conform to the amendments made to Section 102.022,

Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th

Legislature, Regular Session, 2007, and is further amended to read

as follows:

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) . . . $6; and

(6) a cost on conviction of any offense, other than an

offense relating to a pedestrian or the parking of a motor vehicle

(Sec. 133.107, Local Government Code) . . . $2 [$4].

(b) Sections 102.022 and 102.023, Government Code, are

repealed.

SECTION 11.113. (a) Section 102.041, Government Code, as

amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,

Regular Session, 2007, is amended to conform to the amendments made

by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular

Session, 2007, to Section 102.041, Government Code, 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 juvenile delinquency prevention and graffiti

eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .

$50 [$5].

(b) Section 102.041, Government Code, as amended by Chapter

1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,

2007, is repealed. Section 102.041, Government Code, as amended by

Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect as further amended by this section.

SECTION 11.114. (a) Section 102.061, Government Code, as

reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th

Legislature, Regular Session, 2007, is amended to conform to the

amendments made to Section 102.061, Government Code, by Chapter

1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,

2007, 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 juvenile delinquency prevention and graffiti

eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .

$50 [$5]; and

(6) a juvenile case manager fee (Art. 102.0174, Code

of Criminal Procedure) . . . not to exceed $5.

(b) Section 102.061, Government Code, as amended by Chapter

1053, Acts of the 80th Legislature, Regular Session, 2007, is

repealed. Section 102.061, Government Code, as reenacted and

amended by Chapter 921, Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect as further amended by this section.

SECTION 11.115. (a) Section 102.081, Government Code, as

amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,

Regular Session, 2007, is amended to conform to the amendments made

to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),

Acts of the 80th Legislature, Regular Session, 2007, 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 juvenile delinquency prevention and graffiti

eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .

$50 [$5]; and

(6) a juvenile case manager fee (Art. 102.0174, Code

of Criminal Procedure) . . . not to exceed $5.

(b) Section 102.081, Government Code, as amended by Chapter

1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,

2007, is repealed. Section 102.081, Government Code, as amended by

Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect as further amended by this section.

SECTION 11.116. (a) Section 103.021, Government Code, as

amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,

Regular Session, 2007, is amended to conform to the amendments made

to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),

Acts of the 80th Legislature, Regular Session, 2007, and to conform

to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th

Legislature, Regular Session, 2007, and is further amended 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) . . . amount equal

to sum of fee established by Section 521.048, Transportation Code,

and the TexasOnline fee [~~$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

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) . . . $20, if the court

ordering the fee is located in the Texas-Louisiana border region,

but otherwise not to exceed $10;

(17) a fee to cover costs of required duties of teen

court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the

court ordering the fee is located in the Texas-Louisiana border

region, but otherwise $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;

(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;

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:

(A) a supervision fee (Art. 102.012(a)

[~~102.012~~], Code of Criminal Procedure) . . . [~~not to exceed~~] $60 a

month plus expenses; and

(B) a district attorney, criminal district

attorney, or county attorney administrative fee (Art. 102.0121,

Code of Criminal Procedure) . . . not to exceed $500;

(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.

(b) Section 103.021, Government Code, as amended by Chapter

1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,

2007, is repealed. Section 103.021, Government Code, as amended by

Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular

Session, 2007, to reorganize and renumber that section, continues

in effect as further amended by this section.

SECTION 11.117. Section 103.0212, Government Code, is

amended to conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151),

Acts of the 80th Legislature, Regular Session, 2007, and is further

amended to read as follows:

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) 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;

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) in juvenile court:

(A) fee schedule for deferred prosecution

services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;

(B) a request fee for a teen court program

[~~administration fee~~] (Sec. 54.032, Family Code) . . . $20, if the

court ordering the fee is located in the Texas-Louisiana border

region, but otherwise not to exceed $10;

fund (Sec. 54.0411, Family Code) . . . $20;

(D) a juvenile delinquency prevention fee (Sec.

54.0461, Family Code) . . . $50 [$5]; [~~and~~]

(E) a court fee for child's probationary period

(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and

(F) a fee to cover costs of required duties of

teen court (Sec. 54.032, Family Code) . . . $20, if the court

ordering the fee is located in the Texas-Louisiana border region,

but otherwise not to exceed $10.

SECTION 11.118. Section 103.0213, Government Code, is

amended to conform to Chapter 1027 (H.B. 1623), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

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) administrative fee on dismissal of charge of

driving with an expired motor vehicle registration (Sec. 502.407,

Transportation Code) . . . not to exceed $20 [~~$10~~];

(2) administrative fee on dismissal of charge of

driving with an expired driver's license (Sec. 521.026,

Transportation Code) . . . not to exceed $20 [~~$10~~];

(3) administrative fee on remediation of charge of

driving with an expired inspection certificate (Sec. 548.605,

Transportation Code) . . . not to exceed $20 [~~$10~~];

(4) 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) administrative fee for failure to pay or satisfy

certain judgments (Sec. 706.006, Transportation Code) . . . $30.

SECTION 11.119. (a) Section 103.027, Government Code, is

amended to conform to the amendments made to Section 103.022,

Government Code, by Chapter 36 (S.B. 844), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

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 assistant [~~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.

(b) Section 103.022, Government Code, as amended by Chapter

36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007,

is repealed. Section 103.022, Government Code, as reenacted and

amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,

Regular Session, 2007, to reorganize and renumber that section,

continues in effect.

SECTION 11.120. Section 103.029, Government Code, is

amended to conform to the amendments made by Chapter 625 (H.B. 530),

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

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) an alcohol or controlled substance [~~a urinalysis~~]

testing, [~~and~~] counseling, and treatment fee (Sec. 469.004, Health

and Safety Code) . . . the amount necessary to cover the costs of

testing, [~~and~~] counseling, and treatment.

ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE

SECTION 12.001. Section 12.0112(b), Health and Safety Code,

as amended by Chapters 42 (H.B. 1064) and 1061 (H.B. 2285), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted to read

as follows:

(b) This section does not apply to:

(1) a license issued for a youth camp under Chapter

141;

(2) a food manager certificate issued under Subchapter

G, Chapter 438; or

(3) a license or registration under Chapter 401.

SECTION 12.002. Section 102.003, Health and Safety Code, as

amended by Section 4, Chapter 266 (H.B. 14), and Section 3.02,

Chapter 928 (H.B. 3249), Acts of the 80th Legislature, Regular

Session, 2007, is reenacted to read as follows:

Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and

Research Institute of Texas is subject to Chapter 325, Government

Code (Texas Sunset Act). Unless continued in existence as provided

by that chapter, the institute is abolished and this chapter

expires September 1, 2021.

SECTION 12.003. Section 182.101, Health and Safety Code, is

amended to add a heading to read as follows:

Sec. 182.101. GENERAL POWERS AND DUTIES. The corporation

may:

(1) establish statewide health information exchange

capabilities, including capabilities for electronic laboratory

results, diagnostic studies, and medication history delivery, and,

where applicable, promote definitions and standards for electronic

interactions statewide;

(2) seek funding to:

(A) implement, promote, and facilitate the

voluntary exchange of secure electronic health information between

and among individuals and entities that are providing or paying for

health care services or procedures; and

(B) create incentives to implement, promote, and

facilitate the voluntary exchange of secure electronic health

information between and among individuals and entities that are

providing or paying for health care services or procedures;

(3) establish statewide health information exchange

capabilities for streamlining health care administrative functions

including:

(A) communicating point of care services,

including laboratory results, diagnostic imaging, and prescription

histories;

(B) communicating patient identification and

emergency room required information in conformity with state and

federal privacy laws;

in relation to health plan coverage, including enrollee

cost-sharing responsibilities; and

(D) current census and status of health plan

contracted providers;

(4) support regional health information exchange

initiatives by:

(A) identifying data and messaging standards for

health information exchange;

(B) administering programs providing financial

incentives, including grants and loans for the creation and support

of regional health information networks, subject to available

funds;

appropriate;

(D) sharing intellectual property developed

under Section 182.105;

(E) waiving the corporation's fees associated

with intellectual property, data, expertise, and other services or

materials provided to regional health information exchanges

operated on a nonprofit basis; and

(F) applying operational and technical standards

developed by the corporation to existing health information

exchanges only on a voluntary basis, except for standards related

to ensuring effective privacy and security of individually

identifiable health information;

(5) identify standards for streamlining health care

administrative functions across payors and providers, including

electronic patient registration, communication of enrollment in

health plans, and information at the point of care regarding

services covered by health plans; and

(6) support the secure, electronic exchange of health

information through other strategies identified by the board.

SECTION 12.004. Section 343.002(1), Health and Safety Code,

is amended to conform cross-references to read as follows:

(1) "Abate" means to eliminate or remedy:

(A) by removal, repair, rehabilitation, or

demolition;

(B) in the case of a nuisance under Section

343.011(c)(1), (9) [~~(8)~~], or (10) [~~(9)~~], by prohibition or control

of access; and

343.011(c)(12) [~~343.011(c)(11)~~], by removal, remediation, storage,

transportation, disposal, or other means of waste management

authorized by Chapter 361.

SECTION 12.005. Section 343.011(c), Health and Safety Code,

as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(1) keeping, storing, or accumulating refuse on

premises in a neighborhood unless the refuse is entirely contained

in a closed receptacle;

(2) keeping, storing, or accumulating rubbish,

including newspapers, abandoned vehicles, refrigerators, stoves,

furniture, tires, and cans, on premises in a neighborhood or within

300 feet of a public street for 10 days or more, unless the rubbish

or object is completely enclosed in a building or is not visible

from a public street;

(3) maintaining premises in a manner that creates an

unsanitary condition likely to attract or harbor mosquitoes,

rodents, vermin, or disease-carrying pests;

(4) allowing weeds to grow on premises in a

neighborhood if the weeds are located within 300 feet of another

residence or commercial establishment;

(5) maintaining a building in a manner that is

structurally unsafe or constitutes a hazard to safety, health, or

public welfare because of inadequate maintenance, unsanitary

conditions, dilapidation, obsolescence, disaster, damage, or

abandonment or because it constitutes a fire hazard;

(6) maintaining on abandoned and unoccupied property

in a neighborhood a swimming pool that is not protected with:

(A) a fence that is at least four feet high and

that has a latched and locked gate; and

(B) a cover over the entire swimming pool that

cannot be removed by a child;

(7) maintaining on any property in a neighborhood in a

county with a population of more than 1.1 million a swimming pool

that is not protected with:

(A) a fence that is at least four feet high and

that has a latched gate that cannot be opened by a child; or

(B) a cover over the entire swimming pool that

cannot be removed by a child;

(8) maintaining a flea market in a manner that

constitutes a fire hazard;

(9) discarding refuse or creating a hazardous visual

obstruction on:

(A) county-owned land; or

(B) land or easements owned or held by a special

district that has the commissioners court of the county as its

governing body;

(10) discarding refuse on the smaller of:

(A) the area that spans 20 feet on each side of a

utility line; or

(B) the actual span of the utility easement;

(11) filling or blocking a drainage easement, failing

to maintain a drainage easement, maintaining a drainage easement in

a manner that allows the easement to be clogged with debris,

sediment, or vegetation, or violating an agreement with the county

to improve or maintain a drainage easement; or

(12) [~~(11)~~] discarding refuse on property that is not

authorized for that activity.

SECTION 12.006. Section 343.021, Health and Safety Code, as

amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the

80th Legislature, Regular Session, 2007, is reenacted and amended

to read as follows:

Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a county

adopts abatement procedures that are consistent with the general

purpose of this chapter and that conform to this chapter, the county

may abate a nuisance under this chapter:

(1) by demolition or removal;

(2) in the case of a nuisance under Section

343.011(c)(1), (9), or (10), by prohibiting or controlling access

to the premises;

(3) in the case of a nuisance under Section

343.011(c)(6), by:

(A) prohibiting or controlling access to the

premises and installing a cover that cannot be opened by a child

over the entire swimming pool; or

(B) draining and filling the swimming pool; or

(4) in the case of a nuisance under Section

343.011(c)(12) [~~343.011(c)(11)~~], by removal, remediation, storage,

transportation, disposal, or other means of waste management

authorized under Chapter 361.

SECTION 12.007. Section 343.022(a), Health and Safety Code,

as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(a) The abatement procedures adopted by the commissioners

court must be administered by a regularly salaried, full-time

county employee. A person authorized by the person administering

the abatement program may administer:

(1) the prohibition or control of access to the

premises to prevent a violation of Section 343.011(c)(1), (6), (9),

or (10);

(2) the removal or demolition of the nuisance; and

(3) the abatement of a nuisance described by Section

343.011(c)(12) [~~343.011(c)(11)~~].

SECTION 12.008. Section 361.035(c), Health and Safety Code,

is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts

of the 75th Legislature, Regular Session, 1997, to read as follows:

Water Code, for the late filing of a report required by this section

shall be deposited to the credit of the hazardous and solid waste

remediation fee account [~~fund~~].

SECTION 12.009. Sections 361.133(g) and (h), Health and

Safety Code, are amended to conform to Section 38, Chapter 333 (H.B.

3231), Acts of the 75th Legislature, Regular Session, 1997, to read

as follows:

(g) Notwithstanding Subsection (c), the executive director

may use money in the account [~~fund~~], including interest credited

under Subsection (b)(4), for expenses concerning a cleanup or

removal of a spill, release, or potential threat of release of a

hazardous substance if the site is eligible for listing under

Subchapter F, proposed for listing under Subchapter F, or listed

under the state registry before September 1, 1989, and:

(1) immediate action is appropriate to protect human

health or the environment and there is a substantial likelihood

that the cleanup or removal will prevent the site from needing to be

listed under Subchapter F; or

(2) a cleanup or removal:

(A) can be completed without extensive

investigation and planning; and

(B) will achieve a significant cost reduction for

the site.

(h) If the commission collects a fee that is deposited in a

dedicated fund established for the purpose of cleaning up a

facility, tank, or site described by this subsection, the

commission may not use money in the hazardous and solid waste

remediation fee account [~~fund~~] to clean up a:

(1) waste tire recycling facility;

(2) municipal solid waste facility;

(3) petroleum storage tank; or

(4) used oil collection and recycling site that

received used oil after August 31, 1995.

SECTION 12.010. Section 361.753(b), Health and Safety Code,

is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts

of the 75th Legislature, Regular Session, 1997, to read as follows:

(b) The commission may charge an application fee in an

amount not to exceed the cost of reviewing the application. The

commission shall deposit a fee collected under this subsection to

the credit of the hazardous and solid waste remediation fee account

[~~fund~~].

SECTION 12.011. Section 366.016, Health and Safety Code, is

amended to correct a reference to read as follows:

Sec. 366.016. EMERGENCY ORDERS. The commission or

authorized agent may issue an emergency order concerning an on-site

sewage disposal system under Section 5.513 [~~5.517~~], Water Code.

SECTION 12.012. Section 386.109, Health and Safety Code, as

amended by Chapters 262 (S.B. 12) and 1165 (H.B. 160), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. (a) The

commission may consider for funding under Section 386.108:

(1) the purchase and installation at a site of

equipment that is designed primarily to dispense qualifying fuel,

other than standard gasoline or diesel, or the purchase of on-site

mobile fueling equipment;

(2) infrastructure projects, including auxiliary

power units, designed to dispense electricity to:

(A) motor vehicles;

(B) on-road and non-road diesels; and

(3) a project that involves a technology that allows a

vehicle to replace with electric power, while the vehicle is

parked, the power normally supplied by the vehicle's internal

combustion engine; and

(4) a project to reduce air pollution and engine

idling by relieving congestion through rail relocation or

improvement at a rail intersection that is located in a

nonattainment or near nonattainment area.

(b) The commission may provide funding to other state

agencies to implement projects under Subsection (a)(3), including

funding for the lease, purchase, or installation of idle reduction

technologies and facilities at rest areas and other public

facilities on major highway transportation routes located in areas

eligible for funding or for marine vessels operating on water

routes eligible for funding. Funding under this subsection may

include reasonable operational costs determined by the commission

to be needed for the initial start-up and proper operation of the

idle reduction technologies. The state agency leasing, owning, or

operating the idle reduction facility constructed with funds

provided under this subsection may, but is not required to, charge

reasonable fees for the provision of idle reduction services

provided that those fees are used to directly offset the cost of

providing the services.

infrastructure project, the commission shall encourage the use of a

technology that allows a vehicle to replace with electric power,

while the vehicle is parked, the power normally supplied by the

vehicle's internal combustion engine at the state's ports and

border crossings in affected areas.

SECTION 12.013. Section 388.003(b-2), Health and Safety

Code, as added by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts

of the 80th Legislature, Regular Session, 2007, is reenacted to

read as follows:

(b-2) The State Energy Conservation Office by rule shall

establish a procedure for persons who have an interest in the

adoption of energy codes under Subsection (b-1) to have an

opportunity to comment on the codes under consideration. The

office shall consider persons who have an interest in adoption of

those codes to include:

(1) commercial and residential builders, architects,

and engineers;

(2) municipal, county, and other local government

authorities; and

(3) environmental groups.

SECTION 12.014. Section 388.005, Health and Safety Code, as

amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the

80th Legislature, Regular Session, 2007, is reenacted and amended

to read as follows:

Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF

HIGHER EDUCATION[~~, STATE AGENCIES,~~] AND CERTAIN GOVERNMENTAL

ENTITIES. (a) In this section:

(1) "Institution of higher education" includes an

institution of higher education as defined by Section 61.003,

Education Code, and a private institution of higher education that

receives funding from the state.

(2) "Political subdivision" means:

(A) an affected county; or

(B) any political subdivision in a nonattainment

area or in an affected county other than:

(i) a school district; or

(ii) a district as defined by Section

36.001 or 49.001, Water Code, that had a total annual electricity

expense of less than $200,000 in the previous fiscal year of the

district.

(3) "State agency" means a department, commission,

board, office, council, or other agency in the executive branch of

state government that is created by the constitution or a statute of

this state and has authority not limited to a geographical portion

of the state.

(b) Each political subdivision, institution of higher

education, or state agency shall implement all energy efficiency

measures that meet the standards established for a contract for

energy conservation measures under Section 302.004(b), Local

Government Code, in order to reduce electricity consumption by the

existing facilities of the entity.

education, or state agency shall establish a goal to reduce the

electric consumption by the entity by five percent each state

fiscal year for six years, beginning September 1, 2007.

(d) A political subdivision, institution of higher

education, or state agency that does not attain the goals under

Subsection (c) must include in the report required by Subsection

(e) justification that the entity has already implemented all

available measures. An entity that submits a report under this

subsection indicating it has already implemented all available

measures is exempt from the annual reporting requirement of

Subsection (e) if a subsequent report would indicate no change in

status. An entity may be required to provide notice that it is

exempt to the State Energy Conservation Office.

(e) A political subdivision, institution of higher

education, or state agency annually shall report to the State

Energy Conservation Office, on forms provided by that office,

regarding the entity's efforts and progress under this

section. The State Energy Conservation Office shall provide

assistance and information to the entity to help the entity meet the

goals set under this section.

(f) This section does not apply to a state agency or an

institution of higher education that the State Energy Conservation

Office determines that, before September 1, 2007, adopted a plan

for conserving energy under which the agency or institution

established a percentage goal for reducing the consumption of

electricity. The exemption provided by this section applies only

while the agency or institution has an energy conservation plan in

effect and only if the agency or institution submits reports on the

conservation plan each calendar quarter to the governor, the

Legislative Budget Board, and the State Energy Conservation Office.

SECTION 12.015. Sections 401.301(c) and (d), Health and

Safety Code, as amended by Chapters 1061 (H.B. 2285) and 1332 (S.B.

1604), Acts of the 80th Legislature, Regular Session, 2007, are

reenacted to read as follows:

addition to the license and registration fee, of not less than 20

percent of the amount of the license and registration fee nor more

than $10,000 from each licensee or registrant who fails to pay the

fees authorized by this section.

(d) The commission and department may require that each

person who holds a specific license issued by the agency pay to the

agency an additional five percent of the appropriate fee set under

Subsection (b). Fees collected under this subsection shall be

deposited to the credit of the perpetual care account. The fees are

not refundable.

SECTION 12.016. Section 401.301(f), Health and Safety Code,

as added by Chapter 1332 (S.B. 1604), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Section 401.301(g), Health

and Safety Code.

SECTION 12.017. Section 427.001, Health and Safety Code, is

amended to add a heading and to update state agency names and

authority to read as follows:

Sec. 427.001. DEFINITIONS. In this chapter:

(1) [~~"Board" means the Texas Board of Health.~~

[~~(2)~~] "Commission" means the Texas [~~Natural Resource~~

~~Conservation~~] Commission on Environmental Quality.

(2) [~~(3)~~] "Department" means the [~~Texas~~] Department

of State Health Services.

(3) [~~(4)~~] "Federal superfund site" means a site

defined by the federal Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et

seq.), as amended.

(4) [~~(5)~~] "Immediately surrounding area" means an

area determined by the commission to have been significantly

exposed to one or more pollutants from the identified site.

(5) [~~(6)~~] "Institute" means the Texas Environmental

Health Institute.

SECTION 12.018. Section 427.004, Health and Safety Code, is

amended to update state agency names and authority to read as

follows:

Sec. 427.004. PROGRAMS. The commission and the department

may establish at the institute any programs necessary to carry out

the institute's established purposes under this chapter. The

commission and the executive commissioner of the Health and Human

Services Commission [~~board~~] may contract with public or private

entities to carry out the institute's purposes.

SECTION 12.019. Section 614.0032(a), Health and Safety

Code, as amended by Section 44, Chapter 1308 (S.B. 909), Acts of the

80th Legislature, Regular Session, 2007, and by Section 2, Chapter

617 (H.B. 431), Acts of the 80th Legislature, Regular Session,

2007, is reenacted to read as follows:

(a) The office shall:

(1) perform duties imposed on the office by Section

508.146, Government Code; and

(2) periodically identify state jail felony

defendants suitable for release under Section 15(i), Article 42.12,

Code of Criminal Procedure, and perform other duties imposed on the

office by that section.

ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE

SECTION 13.001. Chapter 52, Human Resources Code, is

redesignated as Chapter 52 of Subtitle E, Title 2, Human Resources

Code, as added by Chapter 867 (H.B. 1334), Acts of the 67th

Legislature, Regular Session, 1981, and is amended to add a heading

to read as follows:

CHAPTER 52. INFORMATION RELATING TO SCHOOL AGE PREGNANCY

SECTION 13.002. Subtitle E, Title 2, Human Resources Code,

as added by Chapter 776 (S.B. 623), Acts of the 67th Legislature,

Regular Session, 1981, is repealed to conform to Section 6(b)(4),

Chapter 388 (H.B. 3155), Acts of the 76th Legislature, Regular

Session, 1999.

SECTION 13.003. Section 63.001, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.001. DEFINITIONS. In this chapter:

(1) "Juvenile" means a person from the age of 10 to 18

years who has been found to have engaged in delinquent conduct by a

court of competent jurisdiction.

(2) "Facility" means a residential facility for the

placement of juveniles for periods up to one year in length.

SECTION 13.004. Section 63.002, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.002. AUTHORITY TO OPERATE FACILITY. A county or a

combination of counties may, and they are hereby authorized to,

elect to own, establish, operate, and staff a long-term residential

facility for the detention of juvenile offenders.

SECTION 13.005. Section 63.003, Human Resources Code, is

amended to correct a reference and is further amended to add a

heading to read as follows:

Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. The facility

is an agency of the state, a governmental unit, and a unit of local

government as defined and specified by Chapters 101 and 102, Civil

Practice and Remedies Code, and a local government as defined by

Section 791.003, Government Code [~~Section 3, The Interlocal~~

~~Cooperation Act (Article 4413(32c), Vernon's Texas Civil~~

~~Statutes)~~].

SECTION 13.006. Section 63.004, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY.

The facility shall be governed by a board of trustees. The board of

trustees for a facility created by a single county may be the

commissioners court of the forming county, or the commissioners

court may appoint from the qualified voters of the region to be

served a board of trustees consisting of no less than five nor more

than nine persons. If the board of trustees is appointed from the

qualified voters of the region to be served, the terms of the

members thereof shall be staggered by appointing not less than

one-third nor more than one-half of the members for one year, or

until their successors are appointed, and by appointing the

remaining members for two years, or until their successors are

appointed. Thereafter, all appointments shall be made for a

two-year period, or until their successors are appointed.

Appointments made to fill unexpired terms shall be for the period of

the unexpired term, or until a successor is appointed.

SECTION 13.007. Section 63.005, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES

FACILITY. A facility created by a combination of counties shall be

governed by a board of trustees. Such board of trustees shall

consist of not less than five nor more than nine members selected

from the commissioners court of such counties, or such

commissioners court may jointly appoint a board of trustees from

among the qualified voters of the region to be served in the manner

described above.

SECTION 13.008. Section 63.006, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.006. BOARD MEETINGS. The board of trustees shall

make rules to govern the holding of regular and special meetings.

All meetings of the board of trustees shall be open to the public to

the extent required by and in accordance with the general law of

this state requiring meetings of governmental bodies to be open to

the public. Should the board of trustees discuss any juvenile

either in residence in the facility, being transferred to the

facility, or who has formerly been a resident of the facility, such

discussion shall be conducted in closed session, and such

discussion, or any record thereof, shall not be open to the public.

SECTION 13.009. Section 63.007, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.007. QUORUM. A majority of the membership of the

board of trustees shall constitute a quorum for the transaction of

business.

SECTION 13.010. Section 63.008, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.008. FACILITY ADMINISTRATION. The board of

trustees is responsible for the administration of the facility.

SECTION 13.011. Section 63.009, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.009. BOARD POLICIES. The board of trustees shall

develop policies consistent with the rules, regulations, and

standards of the Texas Juvenile Probation Commission.

SECTION 13.012. Section 63.010, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The

board of trustees shall standardize qualifications for personnel

positions in the community center consistent with those established

by the Texas Juvenile Probation Commission.

SECTION 13.013. Section 63.011, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.011. ADVISORY COMMITTEES. The board of trustees

may appoint advisory committees to advise the board on matters

relating to the administration of the facility. No such committee

shall consist of less than five members, and the appointment of such

committees shall not relieve the board of trustees of final

responsibility and accountability as provided in this chapter.

SECTION 13.014. Section 63.012, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT.

The board of trustees shall appoint an executive director for the

facility.

SECTION 13.015. Section 63.013, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED

POWERS. The executive director shall have the powers delegated by

and be subject to the policy direction of the board of trustees.

SECTION 13.016. Section 63.014, Human Resources Code, is

amended by amending the heading to read as follows:

Sec. 63.014. FACILITY PERSONNEL. The board of trustees or

the director may employ and train personnel for the administration

of the various programs and services of the facility. The employee

shall be provided the appropriate rights, privileges, and benefits

available to the employees of the governing bodies that establish

the facility. The board of trustees is authorized to provide

workers' compensation benefits in the manner provided by Chapter

504, Labor Code.

SECTION 13.017. Section 63.015, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.015. COUNTY CONTRIBUTIONS. Each county

participating in the creation of the facility may contribute lands,

buildings, personnel, and funds for the administration of the

various programs and services of the facility.

SECTION 13.018. Section 63.016, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. The board of

trustees of the facility may accept gifts, grants, and donations of

money, personal property, and real property for use in the

administration of its programs and services.

SECTION 13.019. Section 63.017, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL

PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the instance

of a facility formed by a single county, the commissioners court of

the creating county may acquire, through gift, purchase,

condemnation, or any other method, real property for the purpose of

locating a facility on such property. Such property may be acquired

outside of the boundaries of the creating county if, in the opinion

of the commissioners court of the forming county, there will exist a

demand for the services to be provided by the facility in the county

in which the facility is to be located in addition to any need which

may already exist within the boundaries of the creating county.

(b) The board of trustees for a facility created by a single

county shall establish rules and regulations for the admission of

juveniles into the facility from other than the forming county.

Such rules may allow that the forming county shall have priority in

the placement of its juveniles into the facility. The board may

establish a rate of charges to be paid by the county of origin of the

juvenile being placed into the facility, and such rates may be

reduced for those juveniles being admitted from the county which

created the facility.

SECTION 13.020. Section 63.018, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION

OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the

instance of a facility being created by two or more counties, the

commissioners courts of the forming counties may acquire, by gift,

purchase, condemnation, or other means, real property for the

purpose of locating the facility on such property. The method of

acquisition and the amount of cost sharing between those counties

shall be negotiated among the forming counties and reduced to

contract. Such property to be acquired shall be situated within the

boundaries of any one of the creating counties.

(b) The board of trustees for a facility created by an

organizational component of two or more counties shall establish

rules and regulations for the admission of juveniles who are

residents of other than the creating counties. The board may

establish a rate of charges to be paid by the county of origin of the

juvenile being placed into the facility, and those rates may be

reduced for juveniles being admitted from a county that was part of

the organizational component that created the facility.

SECTION 13.021. Section 63.019, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES.

The board of trustees may make rules consistent with those

promulgated by the Texas Juvenile Probation Commission and the

policies, principles, and standards provided in this Act to

regulate the administration of services by the facility to the

juveniles placed into the facility.

SECTION 13.022. Section 63.020, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. The board of

trustees will provide at least the following services to a juvenile

who is placed into the facility:

(1) Education. Upon admission into the facility, the

juvenile will be tested to determine his educational level, and a

program of instruction consistent with the juvenile's educational

level shall be developed to educate the juvenile. Education shall

be given to each juvenile admitted in the facility consistent with

the standards set forth by the Texas Juvenile Probation Commission.

(2) Counseling. Upon admission into the facility, the

juvenile shall be examined by a trained psychologist or

psychiatrist to determine if the juvenile would benefit from a

program of counseling. At the completion of such examination, the

findings of the psychologist or psychiatrist shall be forwarded to

the director in the form of a recommendation that counseling be

given to the juvenile, along with a program of counseling to be

adhered to by the staff of the facility.

SECTION 13.023. Section 63.021, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.021. LIST OF SERVICES. The board of trustees of the

facility shall devise a list of services that it will offer to each

juvenile who is placed into the facility for the use by the court in

making its determination as to whether the juvenile would benefit

by admission into the facility.

SECTION 13.024. Section 63.022, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING

OF PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in

research and in recruitment and training of personnel in support of

its programs and services and may make contracts for those

purposes.

SECTION 13.025. Section 63.023, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.023. FEES FOR SERVICES. The board of trustees for

the facility may charge reasonable fees to cover costs for services

provided, except where prohibited by other service contracts or by

law.

SECTION 13.026. Section 63.024, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees

for the treatment rendered juveniles, the director will bill

directly that county in which the juvenile resided prior to his

admission to the facility. The county that receives such a bill

from the director must pay that bill within 45 days of its receipt.

SECTION 13.027. Section 63.025, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED

TO JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may

provide that juveniles who reside outside the boundaries of a

county that participated in the formation of the facility may be

admitted to the facility. However, the charges to the county of

residence of the juvenile may be billed at a rate higher than that

charged to a county that participated in the formation of the

facility.

SECTION 13.028. Section 63.026, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.026. COURT-ORDERED ADMISSION. A juvenile may be

admitted upon the order of a court of competent jurisdiction that

finds that the juvenile has engaged in delinquent conduct and is in

need of supervision or is experiencing a dysfunctional home

environment and will benefit from placement in the facility.

SECTION 13.029. Section 63.027, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE'S RESIDENCE.

The court will include in its order the length of time that the

juvenile will reside in the facility, which will not exceed a period

of one year. At the conclusion of the one-year period, the court

will make a determination as to whether the juvenile will benefit

from further residence within the facility. The court may then

order the juvenile to be placed into the facility for additional

time not to exceed one year.

SECTION 13.030. Section 63.028, Human Resources Code, is

amended to add a heading to read as follows:

Sec. 63.028. MODIFICATION OF COURT ORDER. The court may

modify any order by which a juvenile is placed in the facility upon

recommendation of the director of the facility.

SECTION 13.031. Section 152.1611(a), Human Resources Code,

as amended by Chapters 583 (S.B. 1796) and 956 (H.B. 4040), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted to read

as follows:

(a) The McLennan County Juvenile Board is composed of the

county judge, the county court at law judges, and the district

judges in McLennan County.

ARTICLE 14. CHANGES RELATING TO INSURANCE CODE

SECTION 14.001. (a) Section 228.001, Insurance Code, is

amended to conform to the amendment of Article 4.51, Insurance

Code, by Section 1, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, by adding Subdivisions (5-a),

(7-a), and (7-b) to read as follows:

(5-a) "Low-income community" has the meaning assigned

by Section 45D(e), Internal Revenue Code of 1986.

(7-a) "Program One" means the program for allocation

and investment of certified capital under this chapter before

January 1, 2007.

(7-b) "Program Two" means the program for allocation

and investment of certified capital under this chapter on or after

January 1, 2007.

(b) Section 1, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.51, Insurance Code, by adding Subdivisions (16), (17), and (18),

is repealed.

SECTION 14.002. (a) Section 228.153(b), Insurance Code,

is amended to conform to the amendment of Article 4.56(b),

Insurance Code, by Section 3, Chapter 303 (H.B. 1741), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

(b) A certified capital company must place at least 30

percent of the amount of qualified investments required by Sections

228.151(a) and (b) in a strategic investment or low-income

community business.

(b) Section 3, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.56(b), Insurance Code, is repealed.

SECTION 14.003. (a) Section 228.203, Insurance Code, is

amended to conform to the amendment of Article 4.57, Insurance

Code, by Section 4, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 228.203. EVALUATION OF BUSINESS BY COMPTROLLER.

(a) A certified capital company may, before making an investment

in a business, request a written opinion from the comptroller as to

whether the business in which the company proposes to invest is a

qualified business, an early stage business, or a strategic

investment or low-income community business.

(b) Not later than the 15th business day after the date of

the receipt of a request under Subsection (a), the comptroller

shall:

(1) determine whether the business meets the

definition of a qualified business, an early stage business, or a

strategic investment or low-income community business, as

applicable, and notify the certified capital company of the

determination and provide an explanation of the determination; or

(2) notify the company that an additional 15 days will

be needed to review the request and make the determination.

company with respect to the proposed investment within the period

specified by Subsection (b), the business in which the company

proposes to invest is considered to be a qualified business, an

early stage business, or a strategic investment or low-income

community business, as appropriate.

(b) Section 4, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.57, Insurance Code, is repealed.

SECTION 14.004. (a) Section 228.251, Insurance Code, is

amended to conform to the amendment of Article 4.65, Insurance

Code, by Section 5, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, by amending Subsection (b) and

adding Subsection (c) to read as follows:

(b) With respect to credits earned as a result of

investments made under Program One, beginning [~~Beginning~~] with the

tax report due March 1, 2009, for the 2008 tax year, a certified

investor may take up to 25 percent of the vested premium tax credit

in any taxable year of the certified investor. The credit may not

be applied to estimated payments due in 2008.

investments made under Program Two, beginning with the tax report

due March 1, 2013, for the 2012 tax year, a certified investor may

take up to 25 percent of the vested premium tax credit in any

taxable year of the certified investor. The credit may not be

applied to estimated payments due in 2012.

(b) Section 5, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.65, Insurance Code, by amending Subsection (a) and adding

Subsections (a-1) and (a-2), is repealed.

SECTION 14.005. (a) Section 228.253(b), Insurance Code,

is amended to conform to the amendment of Article 4.66(a),

Insurance Code, by Section 6, Chapter 303 (H.B. 1741), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

(b) The certified capital company must have filed the claim

with the comptroller on the date on which the comptroller accepted

premium tax credit allocation claims on behalf of certified

investors with respect to Program One or Program Two, as

applicable, under the comptroller's rules.

(b) Section 6, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.66(a), Insurance Code, is repealed.

SECTION 14.006. (a) Section 228.254, Insurance Code, is

amended to conform to the amendment of Article 4.67, Insurance

Code, by Section 7, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 228.254. TOTAL LIMIT ON PREMIUM TAX CREDITS. (a) The

total amount of certified capital for which premium tax credits may

be allowed under this chapter for all years in which premium tax

credits are allowed is:

(1) $200 million for Program One; and

(2) $200 million for Program Two.

(b) The total amount of certified capital for which premium

tax credits may be allowed for all certified investors under this

chapter may not exceed the amount that would entitle all certified

investors in certified capital companies to take total credits of

$50 million in a year with respect to Program One and $50 million in

a year with respect to Program Two.

affiliates may not file premium tax credit allocation claims with

respect to Program One or Program Two, as applicable, in excess of

the maximum amount of certified capital for which premium tax

credits may be allowed for that program as provided by this section.

(b) Section 7, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Article

4.67, Insurance Code, is repealed.

SECTION 14.007. (a) Section 228.255, Insurance Code, is

amended to conform to the amendment of Article 4.68, Insurance

Code, by Section 8, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 228.255. ALLOCATION OF PREMIUM TAX CREDIT. (a) If

the total premium tax credits claimed by all certified investors

with respect to Program One or Program Two, as applicable, exceeds

the total limits on premium tax credits established for that

program by Section 228.254(a), the comptroller shall allocate the

total amount of premium tax credits allowed under this chapter to

certified investors in certified capital companies on a pro rata

basis in accordance with this section.

(b) The pro rata allocation for each certified investor

shall be the product of:

(1) a fraction, the numerator of which is the amount of

the premium tax credit allocation claim filed on behalf of the

investor with respect to Program One or Program Two, as applicable,

and the denominator of which is the total amount of all premium tax

credit allocation claims filed on behalf of all certified investors

with respect to that program; and

(2) the total amount of certified capital for which

premium tax credits may be allowed with respect to that program

under this chapter.

premium tax credit allocation may be allowed on behalf of a single

certified investor and the investor's affiliates with respect to

Program One or Program Two, as applicable, whether by one or more

certified capital companies, may not exceed the greater of:

(1) $10 million; or

(2) 15 percent of the maximum aggregate amount

available with respect to that program under Section 228.254(a).

(b) Section 8, Chapter 303 (H.B. 1741), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Articles

4.68(a), (b), (c), and (e), Insurance Code, is repealed.

SECTION 14.008. Section 2, Chapter 303 (H.B. 1741), Acts of

the 80th Legislature, Regular Session, 2007, which amended former

Article 4.52, Insurance Code, is repealed as a temporary executed

provision.

SECTION 14.009. Section 252.003, Insurance Code, as amended

by Chapters 730 (H.B. 2636) and 932 (H.B. 3315), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 252.003. PREMIUMS SUBJECT TO TAXATION. An insurer

shall pay maintenance taxes under this chapter on the correctly

reported gross premiums from writing insurance in this state

against loss or damage by:

(1) bombardment;

(2) civil war or commotion;

(3) cyclone;

(4) earthquake;

(5) excess or deficiency of moisture;

(6) explosion as defined by Section 2002.006(b);

(7) fire;

(8) flood;

(9) frost and freeze;

(10) hail, including loss by hail on farm crops;

(11) insurrection;

(12) invasion;

(13) lightning;

(14) military or usurped power;

(15) an order of a civil authority made to prevent the

spread of a conflagration, epidemic, or catastrophe;

(16) rain;

(17) riot;

(18) the rising of the waters of the ocean or its

tributaries;

(19) smoke or smudge;

(20) strike or lockout;

(21) tornado;

(22) vandalism or malicious mischief;

(23) volcanic eruption;

(24) water or other fluid or substance resulting from

the breakage or leakage of sprinklers, pumps, or other apparatus

erected for extinguishing fires, water pipes, or other conduits or

containers;

(25) weather or climatic conditions;

(26) windstorm;

(27) an event covered under a home warranty insurance

policy; or

(28) an event covered under an inland marine insurance

policy.

SECTION 14.010. Section 551.004, Insurance Code, as added

by Section 11.018(c), Chapter 728 (H.B. 2018), Acts of the 79th

Legislature, Regular Session, 2005, is repealed as substantively

duplicative of Section 551.005, Insurance Code.

SECTION 14.011. Section 885.351, Insurance Code, as amended

by Chapters 548 (S.B. 1263) and 730 (H.B. 2636), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 885.351. AGENTS. (a) A fraternal benefit society may

appoint an agent licensed by the department under Subchapter B,

Chapter 4054, to sell benefits listed under Section 885.301(a) to

society members.

(b) Except as provided by Section 885.352, a person may not

solicit or procure benefit contracts for a fraternal benefit

society unless the person is licensed as a general life, accident,

and health agent or a life agent under Subchapter B, Chapter 4054.

benefit societies is subject to Title 13 and other laws regulating

those agents.

SECTION 14.012. Section 981.203(a), Insurance Code, as

amended by Section 2.09, Chapter 548 (S.B. 1263), Acts of the 80th

Legislature, Regular Session, 2007, and Section 2E.132, Chapter 730

(H.B. 2636), Acts of the 80th Legislature, Regular Session, 2007,

is reenacted to read as follows:

(a) The department may issue a surplus lines license to an

applicant who the department determines complies with Subsection

(b) and is:

(1) an individual who:

(A) has passed an examination under Chapter 4002

and department rules; and

(B) holds a current license as:

(i) a general property and casualty agent

authorized under Subchapter B, Chapter 4051; or

(ii) a managing general agent; or

(2) a corporation, limited liability company, or

partnership that:

(A) has at least one officer or director or at

least one active partner who has passed the required surplus lines

license examination;

(B) holds a current license as:

(i) a general property and casualty agent

authorized under Subchapter B, Chapter 4051; or

(ii) a managing general agent; and

chapter only through an individual licensed under this section.

SECTION 14.013. Section 1506.152(e), Insurance Code, is

amended to correct a reference to read as follows:

(e) Notwithstanding Sections 1506.153(a)(1)-(6)

[~~1506.153(1)-(6)~~], an individual who is certified as eligible for

trade adjustment assistance or for pension benefit guaranty

corporation assistance, as provided by the Trade Adjustment

Assistance Reform Act of 2002 (Pub. L. No. 107-210), and who has at

least three months of prior health benefit plan coverage, as

described by Section 1506.155(d), is not required to exhaust any

benefits from the continuation of coverage under Title X,

Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C.

Section 1161 et seq.), as amended (COBRA), or state continuation

benefits to be eligible for coverage from the pool.

SECTION 14.014. Section 1506.153, Insurance Code, as

amended by Chapters 808 (S.B. 1254), 881 (H.B. 1977), and 1070 (H.B.

2548), Acts of the 80th Legislature, Regular Session, 2007, is

reenacted and amended to read as follows:

Sec. 1506.153. INELIGIBILITY FOR COVERAGE.

(a) Notwithstanding Section 1506.152 [~~Section 1506.152(a)-(c)~~],

an individual is not eligible for coverage from the pool if:

(1) on the date pool coverage is to take effect, the

individual has health benefit plan coverage from a health benefit

plan issuer or health benefit arrangement in effect, except as

provided by Section 1506.152(a)(3)(E);

(2) at the time the individual applies to the pool,

except as provided in Subsection (b), the individual is eligible

for other health care benefits, including an offer of benefits from

the continuation of coverage under Title X, Consolidated Omnibus

Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.),

as amended (COBRA), other than:

(A) coverage, including COBRA or other

continuation coverage or conversion coverage, maintained for any

preexisting condition waiting period under a pool policy or during

any preexisting condition waiting period or other waiting period of

the other coverage;

(B) employer group coverage conditioned by a

limitation of the kind described by Section 1506.152(a)(3)(A) or

(C); or

limitation described by Section 1506.152(a)(3)(C) or (D);

(3) within 12 months before the date the individual

applies to the pool, the individual terminated coverage in the

pool, unless the individual:

(A) demonstrates a good faith reason for the

termination; or

(B) is a federally defined eligible individual;

(4) the individual is confined in a county jail or

imprisoned in a state or federal prison;

(5) any of the individual's premiums are paid for or

reimbursed under a government-sponsored program or by a government

agency or health care provider;

(6) the individual's prior coverage with the pool was

terminated:

(A) during the 12-month period preceding the date

of application for nonpayment of premiums; or

(B) for fraud; or

(7) the individual is eligible for health benefit plan

coverage provided in connection with a policy, plan, or program

paid for or sponsored by an employer, even though the employer

coverage is declined. This subdivision does not apply to an

individual who is a part-time employee eligible to participate in

an employer plan that provides health benefit coverage:

(A) that is more limited or restricted than

coverage with the pool; and

(B) for which there is no employer contribution

to the premium, either directly or indirectly.

(b) An individual eligible for benefits from the

continuation of coverage under Title X, Consolidated Omnibus Budget

Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as

amended (COBRA), who did not elect continuation of coverage during

the election period, or whose elected continuation of coverage

lapsed or was cancelled without reinstatement, is eligible for pool

coverage. Eligibility under this subsection is subject to a

180-day exclusion of coverage under Section 1506.155(a-1).

SECTION 14.015. Section 1506.159(a), Insurance Code, is

amended to correct a reference to read as follows:

(a) A health benefit plan issuer, agent, third-party

administrator, or other person authorized or licensed under this

code may not arrange or assist in, or attempt to arrange or assist

in, the application for coverage from or placement in the pool of an

individual who is not eligible under Section 1506.153(a)(7)

[~~1506.153(7)~~] for coverage from the pool for the purpose of

separating the person from health benefit plan coverage offered or

provided in connection with employment that would be available to

the person as an employee or a dependent of an employee.

SECTION 14.016. Subchapter A, Chapter 1550, Insurance Code,

is repealed to conform to the repeal of Article 21.49-15, Insurance

Code, by Section 2(1), Chapter 700 (H.B. 2015), Acts of the 80th

Legislature, Regular Session, 2007.

SECTION 14.017. (a) The heading of Section 1601.308,

Insurance Code, is amended to more closely reflect the source law

from which that section was derived to read as follows:

Sec. 1601.308. EXPENSES[~~; PAYMENT BY EMPLOYEES~~].

(b) Section 1601.308(c), Insurance Code, is amended to more

closely reflect the source law from which that section was derived

to read as follows:

~~expenses of an advisory committee established under this~~

~~subchapter~~] from [:

[~~(1)~~] the amount of employer contributions due the

employees or from[~~; or~~

[~~(2)~~] the amount of additional contributions due for

selected coverages under this chapter the expenses of an advisory

committee established under this subchapter.

SECTION 14.018. (a) Section 6002.002, Insurance Code, is

amended to conform to the amendment of Section 2(8), and the

addition of Section 2(17), Article 5.43-2, Insurance Code, by

Section 1, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,

Regular Session, 2007, by amending Subdivision (9) and adding

Subdivision (12-a) to read as follows:

(9) "Monitoring" means the receipt of fire alarm and

supervisory signals [~~and the retransmission~~] or communication of

those signals to a fire service communications center in this state

or serving property in this state.

(12-a) "Residential fire alarm technician" means a

licensed individual who is designated by a registered firm to

install, service, inspect, and certify residential single-family

or two-family fire alarm or detection systems.

(b) Section 6002.003, Insurance Code, is amended to conform

to the addition of Sections 3(d) and (e), Article 5.43-2, Insurance

Code, by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, by adding Subsections (f) and

(g) to read as follows:

(f) A political subdivision may not require a registered

firm, a license holder, or an employee of a registered firm to

maintain a business location or residency within that political

subdivision to engage in a business or perform any activity

authorized under this chapter.

(g) A municipality or county may by ordinance require a

registered firm to make a telephone call to a monitored property

before the firm notifies the municipality or county of an alarm

signal received by the firm from a fire detection device.

conform to the amendment of Section 7(b), Article 5.43-2, Insurance

Code, by Section 8, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

(b) Except as provided by Subsection (c), a political

subdivision may not offer [~~residential~~] alarm system sales,

service, installation, or monitoring unless the political

subdivision has been providing monitoring services [~~to residences~~]

within the boundaries of the political subdivision as of September

1, 1999. Any fee charged by the political subdivision under this

subsection may not exceed the cost of the monitoring.

(d) Section 6002.054(a), Insurance Code, is amended to

conform to the addition of Section 5(c-1), Article 5.43-2,

Insurance Code, by Section 3, Chapter 1051 (H.B. 2118), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

(a) The commissioner shall set the fee for:

(1) an initial registration certificate in an amount

not to exceed $500;

(2) the renewal of a registration certificate for each

year in an amount not to exceed $500;

(3) the renewal of a registration certificate for an

individual or organization engaged in the business of planning,

certifying, leasing, selling, servicing, installing, monitoring,

or maintaining exclusively single station devices in an amount not

to exceed $250 annually;

(4) an initial branch office registration certificate

in an amount not to exceed $150;

(5) the renewal of a branch office registration

certificate for each year in an amount not to exceed $150;

(6) an initial or renewal training school approval in

an amount not to exceed $500 annually;

(7) an initial or renewal of a training school

instructor approval in an amount not to exceed $50 annually;

(8) an initial license in an amount not to exceed $120,

except as provided by Subdivision (10); [~~and~~]

(9) the renewal of a license for each year in an amount

not to exceed $100, except as provided by Subdivision (10); and

(10) an initial license fee, in an amount not to exceed

$50, and an annual renewal fee, in an amount not to exceed $50, for a

residential fire alarm technician license.

(e) Section 6002.154, Insurance Code, is amended to conform

to the addition of Sections 5(c-1) and 7(f), Article 5.43-2,

Insurance Code, by Sections 3 and 8, Chapter 1051 (H.B. 2118), Acts

of the 80th Legislature, Regular Session, 2007, by amending

Subsection (b) and adding Subsection (d-1) to read as follows:

(b) A fire alarm technician, residential fire alarm

technician, residential fire alarm superintendent, or fire alarm

planning superintendent must hold a license issued by the

department, conditioned on the successful completion of a written

license examination.

(d-1) A residential fire alarm technician may only provide

direct on-site supervision to an employee of a registered firm for

work performed under this chapter in a single-family or two-family

dwelling.

(f) Section 6002.155, Insurance Code, is amended to conform

to the amendment of Section 3(b), Article 5.43-2, Insurance Code,

by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 6002.155. ACTIVITIES NOT REGULATED BY CHAPTER. The

licensing provisions of this chapter do not apply to:

(1) an individual or organization in the business of

building construction that installs electrical wiring and devices

that may include, in part, the installation of a fire alarm or

detection system if:

(A) the individual or organization is a party to

a contract that provides that:

(i) the installation will be performed

under the direct supervision of and certified by a licensed

employee or agent of a firm registered to install and certify such

an alarm or detection device; and

(ii) the registered firm assumes full

responsibility for the installation of the alarm or detection

device; and

(B) the individual or organization does not plan,

certify, lease, sell, service, or maintain fire alarms or detection

devices or systems;

(2) an individual or organization that:

(A) owns and installs a fire detection or fire

alarm device on the individual's or organization's own property; or

(B) if the individual or organization does not

charge for the device or its installation, installs the device for

the protection of the individual's or organization's personal

property located on another's property and does not install the

device as a normal business practice on the property of another;

(3) an individual who holds a license or other

authority issued by a municipality to practice as an electrician

and who installs fire or smoke detection and alarm devices only in a

single family or multifamily residence if:

(A) the devices installed are:

(i) single station detectors; or

(ii) multiple station detectors capable of

being connected in a manner that actuation of one detector causes

all integral or separate alarms to operate if the detectors are not

connected to a control panel or to an outside alarm, do not transmit

a signal off the premises, and do not use more than 120 volts; and

(B) all installations comply with the adopted

edition of [~~Household Fire Warning Equipment,~~] National Fire

Protection Association Standard No. 72 [74];

(4) an individual or organization that:

(A) sells fire detection or fire alarm devices

exclusively over-the-counter or by mail order; and

(B) does not plan, certify, install, service, or

maintain the devices;

(5) a law enforcement agency or fire department or a

law enforcement officer or firefighter acting in an official

capacity that responds to a fire alarm or detection device;

(6) an engineer licensed under Chapter 1001,

Occupations Code, acting solely in the engineer's professional

capacity;

(7) an individual or organization that provides and

installs at no charge to the property owners or residents a

battery-powered smoke detector in a single-family or two-family

residence if:

(A) the smoke detector bears a label of listing

or approval by a testing laboratory approved by the department;

(B) the installation complies with the adopted

edition of National Fire Protection Association Standard No. 72

[74];

protection and the proper use of smoke detectors; and

(D) the detector is a single station installation

and not a part of or connected to any other detection device or

system;

(8) an [~~a regular~~] employee of a registered firm who is

under the direct on-site supervision of a license holder;

(9) a building owner, the owner's managing agent, or an

employee of the owner or agent who installs battery-operated single

station smoke detectors or monitor fire alarm or fire detection

devices or systems in the owner's building, and in which the

monitoring:

(A) is performed at the owner's property at no

charge to the occupants of the building;

(B) complies with applicable standards of the

National Fire Protection Association as may be adopted by rule

under this chapter; and

laboratory approved by the department for fire alarm monitoring;

(10) an individual employed by a registered firm that

sells and installs a smoke or heat detector in a single-family or

two-family residence if:

(A) the detector bears a label of listing or

approval by a testing laboratory approved by the department;

(B) the installation complies with the adopted

edition of National Fire Protection Association Standard No. 72

[74];

protection and the proper use and placement of detectors; and

(D) the detector is a single station installation

and not a part of or connected to any other detection device or

system; or

(11) an individual or organization licensed to install

or service burglar alarms under Chapter 1702, Occupations Code,

that provides and installs in a single-family or two-family

residence a combination keypad that includes a panic button to

initiate a fire alarm signal if the fire alarm signal:

(A) is monitored by a fire alarm firm registered

under this chapter; and

(B) is not initiated by a fire or smoke detection

device.

(g) Section 6002.154, Insurance Code, is amended to conform

to the addition of Section 5D(a-2), Article 5.43-2, Insurance Code,

by Section 5, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, by adding Subsection (d-2) to

read as follows:

(d-2) An applicant for a residential fire alarm technician

license must provide with the required license application evidence

of the applicant's successful completion of the required

instruction from a training school approved by the state fire

marshal in accordance with Section 6002.158.

(h) Section 6002.158(e), Insurance Code, is amended to

conform to the amendment of Section 5D(d), Article 5.43-2,

Insurance Code, by Section 5, Chapter 1051 (H.B. 2118), Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

(e) The curriculum for [~~a fire alarm technician course or~~] a

residential fire alarm technician [~~superintendent~~] course must

consist of at least eight [16] hours of [~~classroom~~] instruction on

installing, servicing, and maintaining single-family and

two-family residential fire alarm systems as defined by National

Fire Protection Standard No. 72 [~~for each license category~~].

(i) Subchapter B, Chapter 6002, Insurance Code, is amended

to conform to the addition of Section 6A(c), Article 5.43-2,

Insurance Code, by Section 7, Chapter 1051 (H.B. 2118), Acts of the

80th Legislature, Regular Session, 2007, by adding Section

6002.0531 to read as follows:

Sec. 6002.0531. RULES REQUIRING FINANCIAL RESPONSIBILITY.

The commissioner may not adopt a rule to administer this chapter

that requires a person who holds a license under this chapter to

obtain additional certification that imposes a financial

responsibility on the license holder.

(j) Subchapter B, Chapter 6002, Insurance Code, is amended

to conform to the addition of Section 5G, Article 5.43-2, Insurance

Code, by Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, by adding Section 6002.056 to

read as follows:

Sec. 6002.056. DEPARTMENT RECORDS. Records maintained by

the department under this chapter on the home address, home

telephone number, driver's license number, or social security

number of an applicant or a license or registration holder are

confidential and are not subject to mandatory disclosure under

Chapter 552, Government Code.

(k) Section 6002.252, Insurance Code, is amended to conform

to the amendment of Section 9(d), Article 5.43-2, Insurance Code,

by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 6002.252. REQUIRED PURCHASE AND INSTALLATION

INFORMATION. A fire detection or fire alarm device may not be sold

or installed in this state unless the device is accompanied by

printed information that:

(1) is supplied to the owner by the supplier or

installing contractor; and

(2) concerns:

(A) instructions describing the installation,

operation, testing, and proper maintenance of the device;

(B) information to aid in establishing an

emergency evacuation plan for the protected premises; [~~and~~]

notification procedures, of the nearest fire department; and

(D) information that will aid in reducing the

number of false alarms.

(l) Section 6002.253, Insurance Code, is amended to conform

to the amendment of Section 9(e), Article 5.43-2, Insurance Code,

by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 6002.253. TRAINING AND SUPERVISION OF CERTAIN EXEMPT

EMPLOYEES. Each registered firm that employs an individual who is

exempt from the licensing requirements of this chapter under

Section 6002.155(10) shall appropriately train and supervise the

individual to ensure that:

(1) each installation complies with the adopted

provisions of National Fire Protection Association Standard No. 72

[74] or other adopted standards;

(2) each smoke or heat detector installed or sold

carries a label or listing of approval by a testing laboratory

approved by the department; and

(3) the individual is knowledgeable in fire protection

and the proper use and placement of detectors.

(m) Sections 1, 2, 3, 4, 5, 7, 8, and 9, Chapter 1051 (H.B.

2118), Acts of the 80th Legislature, Regular Session, 2007, which

amended Sections 2, 3, 5, 5B, 5D, 6A, 7, and 9, Article 5.43-2,

Insurance Code, respectively, are repealed.

(n) Section 5G, Article 5.43-2, Insurance Code, as added by

Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

ARTICLE 15. CHANGES RELATING TO LOCAL GOVERNMENT CODE

SECTION 15.001. Section 87.032, Local Government Code, is

amended to conform more closely to the source law from which the

section was derived to read as follows:

Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals

the judgment, the appeal supersedes the order of removal unless the

court that renders the judgment finds that it is in the public

interest to suspend the officer pending the appeal. If the court

finds that the public interest requires suspension, the court shall

suspend the officer as provided by this chapter [~~subchapter~~].

SECTION 15.002. Section 111.033, Local Government Code, as

amended by Chapters 563 (S.B. 1510) and 924 (H.B. 3195), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 111.033. ANNUAL BUDGET REQUIRED. (a) Within 30 days

before the first day of each fiscal year or on or immediately after

that first day, the county auditor shall prepare a budget to cover

the proposed expenditures of the county government for that fiscal

year.

(b) A proposed budget that will require raising more revenue

from property taxes than in the previous year must contain a cover

page with the following statement in 18-point or larger

type: "This budget will raise more total property taxes than last

year's budget by (insert total dollar amount of increase and

percentage increase), and of that amount (insert amount computed by

multiplying the proposed tax rate by the value of new property added

to the roll) is tax revenue to be raised from new property added to

the tax roll this year."

SECTION 15.003. Section 142.155, Local Government Code, is

amended to add appropriate subsection lettering to read as follows:

Sec. 142.155. RECOGNITION OF EMERGENCY MEDICAL SERVICES

PERSONNEL ASSOCIATION. (a) The governing body of a municipality

may recognize an association that submits a petition signed by a

majority of the emergency medical services personnel in the

municipality, excluding the head of the emergency medical services

department and any person who is exempt under Subsection (b), as the

sole and exclusive bargaining agent for all of the covered

emergency medical services personnel until recognition of the

association is withdrawn by a majority of the covered emergency

medical services personnel.

(b) For purposes of Subsection (a), exempt employees are

assistant department heads in the rank or classification

immediately below that of the department head and any other

employees who are designated as exempt or whose job titles are

designated as exempt by the mutual agreement of the recognized

association and the public employer.

SECTION 15.004. Section 152.032(d), Local Government Code,

as amended by Chapters 401 (S.B. 833), 430 (S.B. 1630), and 1260

(H.B. 2917), Acts of the 80th Legislature, Regular Session, 2007,

is reenacted and amended to read as follows:

(d) The amount of the compensation and allowances of a

county auditor in a county subject to this subsection may be set in

an amount that exceeds the limit established by [in] Subsection (a)

if the compensation and allowances are approved by the

commissioners court of the county. This subsection applies only

to:

(1) a county with a population of more than 77,000 and

less than 80,000;

(2) a county with a population of 500,000 or more,

excluding a county subject to Subsection (b);

(3) a county with a population of more than 1,000 and

less than 21,000 that borders the Gulf of Mexico; and

(4) a county that borders a county subject to

Subsection (b) and that has a population of more [~~greater~~] than

50,000 and less than 85,000.

SECTION 15.005. Section 176.006(e), Local Government Code,

as set out, but not amended, by Section 6, Chapter 226 (H.B. 1491),

Acts of the 80th Legislature, Regular Session, 2007, is repealed to

conform to the repeal of that subsection by Section 9, Chapter 226

(H.B. 1491), Acts of the 80th Legislature, Regular Session, 2007.

SECTION 15.006. Sections 191.007(c) and (h), Local

Government Code, are amended to correct a cross-reference to read

as follows:

Property Code, a clearly identifying heading, similar to the

headings on most commercially supplied printed forms, must be

placed at the top of the first page to identify the type or kind of

legal paper.

(h) The filing fee or recording fee for each page of a legal

paper that is presented for filing or recording to a county clerk

and fails to meet one or more of the requirements prescribed by

Subsections (b) through (g) is equal to twice the regular filing fee

or recording fee provided by statute for that page. However, the

failure of a page to meet the following requirements does not result

in a fee increase under this subsection:

(1) the requirement prescribed by Subsection (b)(3)

relating to type size; and

(2) provided that the legal paper complies with

Section 11.008(c) [~~11.008(b)~~], Property Code, the requirement

prescribed by Subsection (c) that a legal paper have a clearly

identifying heading.

SECTION 15.007. Section 334.008(a), Local Government Code,

as added by Chapters 658 (H.B. 1166) and 869 (H.B. 1524), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted to read

as follows:

(a) A county that contains no incorporated territory of a

municipality may provide for the planning, acquisition,

establishment, development, construction, or renovation of a

county parks and recreation system as a venue project under this

chapter if the county:

(1) is located on an international border and has a

population of less than 15,000; or

(2) has a population of less than 2,000.

SECTION 15.008. Sections 373A.052(a) and (b), Local

Government Code, as amended by Chapters 1034 (H.B. 1742) and 1175

(H.B. 470), Acts of the 80th Legislature, Regular Session, 2007,

are reenacted to read as follows:

(a) To be designated as a district within a municipality

described by Section 373A.003(a) under this subchapter, an area

must be composed of census tracts forming a spatially compact area

contiguous to a central business district and with:

(1) fewer than 25,000 residents;

(2) fewer than 8,000 households;

(3) a number of owner-occupied households that does

not exceed 50 percent of the total households in the area;

(4) housing stock at least 55 percent of which was

built at least 45 years ago;

(5) an unemployment rate that is greater than 10

percent;

(6) an overall poverty rate that is at least two

times the poverty rate for the entire municipality; and

(7) in each census tract within the area, a median

family income that is less than 60 percent of the median family

income for the entire municipality.

(b) To be designated as a district within a municipality

described by Section 373A.003(b) under this subchapter, an area

must be composed of census tracts forming a spatially compact area

contiguous to a central business district and with:

(1) fewer than 75,000 residents;

(2) a median family income that is less than $30,000

according to the last decennial census; and

(3) an overall poverty rate that is at least two times

the poverty rate for the entire municipality.

SECTION 15.009. Subchapter C, Chapter 372, Local Government

Code, is transferred to Subtitle B, Title 12, Local Government

Code, redesignated as Chapter 382, Local Government Code, and

amended to read as follows:

CHAPTER 382. [~~SUBCHAPTER C.~~] IMPROVEMENT PROJECTS IN CERTAIN

COUNTIES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 382.001 [~~372.101~~]. DEFINITIONS. (a) In this chapter

[~~subchapter~~]:

(1) "Board" means the board of directors of a

district.

(2) "District" means a public improvement district

created by a county under this chapter [~~subchapter~~].

(3) "Hotel" has the meaning assigned by Section

156.001, Tax Code, and includes a timeshare, overnight lodging

unit, or condominium during the time the timeshare, overnight

lodging unit, or condominium is rented by a person who is not the

owner of the timeshare, overnight lodging unit, or condominium.

(4) "Municipality" means the municipality in whose

extraterritorial jurisdiction the improvement project is to be

located.

Sec. 382.002 [~~372.1011~~]. APPLICABILITY. This chapter

[~~subchapter~~] applies only to:

(1) a county with a population of 825,000 or more,

other than a county that:

(A) borders on the Gulf of Mexico or a bay or

inlet of the gulf; or

(B) has two municipalities located wholly or

partly in its boundaries each having a population of 300,000 or

more; or

(2) a county with a population of 70,000 or more that

is adjacent to a county described by Subdivision (1) in which a

municipality with a population of 35,000 or more is primarily

situated and includes all or a part of the extraterritorial

jurisdiction of a municipality with a population of 1.1 million or

more.

Sec. 382.003 [~~372.102~~]. NATURE OF DISTRICT; PURPOSE.

(a) A district is created under Section 52, Article III, and

Section 59, Article XVI, Texas Constitution.

(b) By enacting this chapter [~~subchapter~~], the legislature

has created a program for economic development as provided in

Section 52-a, Article III, Texas Constitution. A county may engage

in economic development projects as provided by this chapter

[~~subchapter~~], and, on a determination of the commissioners court of

the county to create a district, may delegate the authority to

oversee and manage the economic development project to an appointed

board of directors. In appointing a board, the commissioners court

delegates its authority to serve a public use and benefit.

Sec. 382.004 [~~372.103~~]. COUNTY MAY ESTABLISH DISTRICT. A

county may create a public improvement district under this chapter

[~~subchapter~~] if the county determines it is in the county's best

interest. A district [~~created under this subchapter~~] is a

political subdivision of this state.

Sec. 382.005 [~~372.104~~]. APPLICABILITY; CONFLICT OF LAWS.

This chapter [~~subchapter~~] controls to the extent of a conflict

between this chapter [~~subchapter~~] and Subchapter A, Chapter 372.

Sec. 382.006 [~~372.105~~]. ESTABLISHMENT OF ECONOMIC

DEVELOPMENT PROJECTS; OPTIONAL CREATION OF PUBLIC IMPROVEMENT

DISTRICT. (a) The commissioners court of a county may on receipt

of a petition satisfying the requirements of Section 372.005,

establish by order an economic development project in a designated

portion of the county, or, if the county determines it is in the

best interests of the county, create a district by order only in an

area located in the extraterritorial jurisdiction of a municipality

in that county. If the county is a county described by Section

382.002(2) [~~372.1011(2)~~], the petition described by this

subsection must also be approved by a resolution adopted by the

municipality with a population of 1.1 million or more.

(b) For a county described by Section 382.002(2)

[~~372.1011(2)~~], a district may only be created in an area containing

at least 2,000 contiguous acres of land that is located wholly or

partly in the extraterritorial jurisdiction of a municipality with

a population of 1.1 million or more.

(1) describe the territory in which the economic

development project is to be located or the boundaries of a

district;

(2) specifically authorize the district to exercise

the powers of this chapter [~~subchapter~~] if the county has

determined that creating a district is in the county's best

interests; and

(3) state whether the petition requests improvements

to be financed and paid for with taxes authorized by this chapter

[~~subchapter~~] instead of or in addition to assessments.

[Sections 382.007-382.050 reserved for expansion]

SUBCHAPTER B. BOARD OF DIRECTORS

Sec. 382.051 [~~372.106~~]. GOVERNING BODY; TERMS. If a county

elects to delegate the authority granted under this chapter

[~~subchapter~~], it shall appoint a board of seven directors to serve

staggered two-year terms, with three or four directors' terms

expiring June 1 of each year to manage the economic development

project or, at the option of the county, govern the district.

Sec. 382.052 [~~372.107~~]. ELIGIBILITY. (a) To be eligible

to serve as a director, a person must be at least 18 years old.

(b) If the population of the district is more than 1,000, to

be eligible to serve as a director, a person must be at least 18

years old, reside in the district, and meet the qualifications of

Section 375.063.

Sec. 382.053 [~~372.108~~]. VACANCIES; QUORUM. (a) A board

vacancy is filled in the same manner as the original appointment.

(b) A vacant board position is not counted for the purposes

of establishing a quorum of the board.

Sec. 382.054 [~~372.109~~]. CONFLICTS OF INTEREST. Chapter 171

governs conflicts of interest for directors.

Sec. 382.055 [~~372.110~~]. COMPENSATION. (a) For purposes

of this section, "performs the duties of a director" means

substantial performance of the management of the district's

business, including participation in board and committee meetings

and other activities involving the substantive deliberation of

district business and in pertinent educational programs, but does

not include routine or ministerial activities such as the execution

of documents or self-preparation for meetings.

(b) A county is authorized to compensate the directors when

they perform the duties of a director. The county shall compensate

a director not more than $50 a day for each day that the director

performs the duties of a director.

Sec. 382.056 [~~372.111~~]. OATH AND BOND; OFFICER ELECTIONS.

As soon as practicable, a board member shall give the bond and take

the oath of office in accordance with Section 375.067, and the board

shall elect officers in accordance with Section 375.068.

[Sections 382.057-382.100 reserved for expansion]

SUBCHAPTER C. POWERS AND DUTIES

Sec. 382.101 [~~372.113~~]. COUNTY'S GENERAL POWERS AND

DUTIES. (a) A county operating under this chapter [~~subchapter~~]

has the powers and duties of:

(1) a county development district under Chapter 383,

except for Section 383.066;

(2) a road district created by a county under Section

52, Article III, Texas Constitution; and

(3) a municipality or county under Chapter 380 or 381,

or under Section 372.003(b)(9).

(b) A county is authorized to manage an economic development

project in a designated portion of the county, or to create a

district and to delegate to a board the county's powers and duties

as provided by this chapter [~~subchapter~~].

duties of a road district or the power to provide water, wastewater,

or drainage facilities under this section unless both the

municipality and county consent by resolution.

Sec. 382.102 [~~372.114~~]. DEVELOPMENT AGREEMENTS. A county

may enter into a development agreement with an owner of land in the

territory designated for an economic development project, or a

district may enter into a development agreement, for a term not to

exceed 30 years on any terms and conditions the county or the board

considers advisable. The parties may amend the agreement.

Sec. 382.103 [~~372.115~~]. ECONOMIC DEVELOPMENT AGREEMENT;

ELECTION; TAXES. (a) A county may enter into an agreement, only on

terms and conditions the commissioners court and a board consider

advisable, to make a grant or loan of public money to promote state

or local economic development and to stimulate business and

commercial activity in the territory where the economic development

project is located, or in the district, including a grant or loan to

induce the construction of a tourist destination or attraction in

accordance with Chapter 380 or 381.

(b) If authorized by the county, a district [~~created by the~~

~~county~~] may order an election to be held in the district to approve

a grant or loan agreement. The grant or loan may be payable over a

term of years and be enforceable on the district under the terms of

the agreement and the conditions of the election, which may,

subject to the requirements of Section 382.153(c) [~~372.127(c)~~],

include the irrevocable obligation to impose an ad valorem tax,

sales and use tax, or hotel occupancy tax for a term not to exceed 30

years. If authorized at the election, the board may contract to pay

the taxes to the recipient of the grant or loan in accordance with

the agreement.

district under Section 382.006 [~~372.105~~] propose that the district

be created only to provide economic development grants or loans and

road improvements and not to impose assessments, and the county

determines that the creation of the district is in the best

interests of the county, the district is not required to prepare a

feasibility report, a service plan or assessment plan, or an

assessment roll as required by Subchapter A, Chapter 372 [~~this~~

~~chapter~~].

Sec. 382.104 [~~372.116~~]. CONTRACTS; GENERAL. (a) A

district may contract with any person, including the municipality

or county, on the terms and conditions and for a period of time the

board determines, to:

(1) accomplish any district purpose, including a

contract to pay, repay, or reimburse from tax proceeds or another

specified source of money any costs, including reasonable interest,

incurred by a person on the county's or the district's behalf,

including all or part of the costs of an improvement project; and

(2) receive, administer, and perform the county's or

the district's duties and obligations under a gift, grant, loan,

conveyance, or other financial assistance arrangement relating to

the investigation, planning, analysis, study, design, acquisition,

construction, improvement, completion, implementation, or

operation by the district or another person of an improvement

project or proposed improvement project.

(b) A state agency, municipality, county, other political

subdivision, corporation, or other person may contract with the

county or district to carry out the purposes of this chapter

[~~subchapter~~].

Sec. 382.105 [~~372.117~~]. PROCUREMENT CONTRACTS. A district

may contract for materials, supplies, and construction:

(1) in accordance with the laws applicable to

counties; or

(2) in the same manner that a local government

corporation created pursuant to Chapter 431, Transportation Code,

is authorized to contract.

Sec. 382.106 [~~372.118~~]. RULES; ENFORCEMENT. A county may

authorize the board to adopt rules:

(1) to administer and operate the district;

(2) for the use, enjoyment, availability, protection,

security, and maintenance of district property, including

facilities; or

(3) to provide for public safety and security in the

district.

Sec. 382.107 [~~372.119~~]. FEES. A county may authorize a

board to establish, revise, repeal, enforce, collect, and apply the

proceeds from user fees or charges for the enjoyment, sale, rental,

or other use of its facilities or other property, or for services or

improvement projects.

Sec. 382.108 [~~372.120~~]. RULES; REGULATION OF ROADS AND

OTHER PUBLIC AREAS. (a) A county may authorize a board to adopt

rules to regulate the private use of public roadways, open spaces,

parks, sidewalks, and similar public areas in the district, if the

use is for a public purpose.

(b) A rule, order, ordinance, or regulation of a county or

municipality that conflicts with a rule adopted under this section

controls to the extent of any conflict.

safe and orderly use of public roadways, open spaces, parks,

sidewalks, and similar public areas in the area of the district or

economic development project.

Sec. 382.109 [~~372.121~~]. ROAD PROJECTS. (a) To the extent

authorized by Section 52, Article III, Texas Constitution, the

county may delegate to the district the authority to construct,

acquire, improve, maintain, or operate macadamized, graveled, or

paved roads or turnpikes, or improvements in aid of those roads or

turnpikes, inside the territory targeted by the county for an

economic development project, or the district.

(b) A road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of each municipality in whose corporate limits or

extraterritorial jurisdiction the district is located. If the

district is located outside the extraterritorial jurisdiction of a

municipality, a road project must meet all applicable construction

standards, zoning and subdivision requirements, and regulatory

ordinances of each county in which the district is located.

Sec. 382.110 [~~372.122~~]. UTILITIES. (a) This chapter

[~~subchapter~~] does not grant the board any right-of-way management

authority over public utilities.

(b) To the extent the construction, maintenance, or

operation of a project under this chapter [~~subchapter~~] requires the

relocation or extension of a public utility facility, the district

shall reimburse the public utility for all costs associated with

the relocation, removal, extension, or other adjustment of the

facility.

Sec. 382.111 [~~372.123~~]. SERVICE PLAN REQUIRED. The

commissioners court of the county that created the district may

require a district to prepare an annual service plan, in the manner

provided for by Section 372.013, that meets the approval of the

commissioners court.

Sec. 382.112 [~~372.124~~]. NO EMINENT DOMAIN. A district may

not exercise the power of eminent domain.

[Sections 382.113-382.150 reserved for expansion]

SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAXES

Sec. 382.151 [~~372.125~~]. NO TAX ABATEMENTS. A county may

not grant a tax abatement or enter into a tax abatement agreement

for a district [~~created under this subchapter~~].

Sec. 382.152 [~~372.126~~]. BONDS; NOTES. (a) A district may

not issue bonds unless approved by the commissioners court of the

county that created the district. Bonds may not be issued unless

approved by a majority of the voters of the district voting in an

election held for that purpose. A bond election under this

subsection does not affect prior bond issuances and is not required

for refunding bond issuances.

(b) A district may not issue a negotiable promissory note or

notes unless approved by the commissioners court of the county that

created the district.

section, bonds, notes, and other district obligations may be

secured by district revenue or any type of district taxes or

assessments, or any combination of taxes and revenue pledged to the

payment of bonds.

Sec. 382.153 [~~372.127~~]. AUTHORITY TO IMPOSE ASSESSMENTS

AND AD VALOREM, SALES AND USE, AND HOTEL OCCUPANCY TAXES; ELECTION.

(a) A county or a district [~~created under this subchapter~~] may

accomplish its purposes and pay the cost of services and

improvements by imposing:

(1) an assessment;

(2) an ad valorem tax;

(3) a sales and use tax; or

(4) a hotel occupancy tax.

(b) A district may impose an ad valorem tax, hotel occupancy

tax, or sales and use tax to accomplish the economic development

purposes prescribed by Section 52a, Article III, Texas

Constitution, if the tax is approved by:

(1) the commissioners court of the county that created

the district; and

(2) a majority of the voters of the district voting at

an election held for that purpose.

district has the authority to impose a hotel occupancy tax, sales

and use tax, or ad valorem tax, and must provide the rate at which

the district may impose the tax. A tax rate approved by the

commissioners court and pledged to secure bonds, notes, grant

agreements, or development agreements may not be reduced until the

obligations of those instruments have been satisfied.

Sec. 382.154 [~~372.128~~]. USE OF REVENUE FROM TAXES. A tax

authorized by a county to be imposed under this chapter

[~~subchapter~~] may be used to accomplish any improvement project or

road project, or to provide any service authorized by this chapter

or Chapter 372, 380, 381, or 383.

Sec. 382.155 [~~372.129~~]. HOTEL OCCUPANCY TAX. (a) A county

may authorize a district to impose a hotel occupancy tax on a person

who pays for the use or possession of or for the right to the use or

possession of a room that is ordinarily used for sleeping in a hotel

in the district.

(b) If authorized by a county, a district shall impose a

hotel occupancy tax as provided by Chapter 383, Local Government

Code, and Section 352.107, Tax Code, except that a hotel occupancy

tax:

(1) may be used for any purpose authorized in this

chapter [~~subchapter~~]; and

(2) is authorized by the county to be imposed by the

district.

percent or the rate imposed by the municipality.

(d) A hotel occupancy tax may not be imposed on the

occupants of a hotel unless the owner of the hotel agrees to the

imposition of the hotel occupancy taxes under this chapter

[~~subchapter~~]. After the owner agrees, the agreement may not be

revoked by the owner of the hotel or any subsequent owner of the

hotel. After an agreement under this section, the district may

impose hotel occupancy taxes as provided by this chapter

[~~subchapter~~].

Sec. 382.156 [~~372.130~~]. SALES AND USE TAX. (a) A

commissioners court may authorize a district to impose a sales and

use tax in increments of one-eighth of one percent up to a rate of

two percent.

(b) Except as otherwise provided in this chapter

[~~subchapter~~], a sales and use tax must be imposed in accordance with

Chapter 383, Local Government Code, or Chapter 323, Tax Code.

provide for voting for or against the proposition: "A sales and use

tax at a rate not to exceed ____ [insert percentage rate] in the

_______________ [insert name of district]" or "The adoption of a

____ [insert percentage rate] sales and use tax in the

_______________ [insert name of district]."

(d) A tax authorized at an election held under this section

may be imposed at a rate less than or equal to the rate printed in

the ballot proposition.

Sec. 382.157 [~~372.131~~]. AD VALOREM TAX. A commissioners

court may authorize a district to impose an ad valorem tax on

property in the district in accordance with Chapter 257,

Transportation Code.

Sec. 382.158 [~~372.132~~]. BORROWING. The commissioners

court may authorize a district to borrow money for any district

purpose, including for a development agreement that authorizes the

district to borrow money.

Sec. 382.159 [~~372.133~~]. REPAYMENT OF COSTS. The

commissioners court may authorize a district, by a lease,

lease-purchase agreement, installment purchase contract, or other

agreement, or by the imposition or assessment of a tax, user fee,

concession, rental, or other revenue or resource of the district,

to provide for or secure the payment or repayment of:

(1) the costs and expenses of the establishment,

administration, and operation of the district;

(2) the district's costs or share of costs of an

improvement project; or

(3) the district's contractual obligations or

indebtedness.

[Sections 382.160-382.200 reserved for expansion]

SUBCHAPTER E. ANNEXATION BY MUNICIPALITY; TAXES

Sec. 382.201 [~~372.134~~]. LIABILITIES; ASSUMPTION OF ASSETS

AFTER COMPLETE ANNEXATION BY MUNICIPALITY. (a) If the

municipality annexes the entire territory of a district, the

municipality shall assume the district's assets, but is not liable

for the district's debt or other obligations.

(b) If the county has authorized a district [~~created under~~

~~this subchapter~~] to have debt or other obligations, the district

remains in existence after the territory is annexed by the

municipality for the purpose of collecting any taxes or assessments

authorized by the county and imposed by the district before

annexation. Taxes or assessments collected after annexation must

be used by the district solely for the purpose of satisfying any

preexisting county-authorized district debt or other obligation.

After the debt or other obligations have been discharged, or two

years have expired since the date of the annexation, the district is

dissolved and any outstanding debt or obligations are extinguished.

Sec. 382.202 [~~372.135~~]. AUTHORITY TO IMPOSE TAXES OF

ASSESSMENTS AFTER PARTIAL OR COMPLETE ANNEXATION. (a) After a

district has been annexed by a municipality wholly or partly for

general purposes, the county may not authorize the district to

impose an ad valorem tax, hotel occupancy tax, or sales and use tax,

or collect an assessment in the area that the municipality overlaps

the district, except as provided by Subsection (b) or Section

382.201(b) [~~372.134(b)~~].

(b) A district may continue to impose a tax in an area that

the municipality annexes for limited purposes and in which the

municipality does not impose taxes. If the municipality annexes an

area for limited purposes and imposes some of the taxes which the

district is imposing but not all of them, the district may continue

to impose taxes only to the extent that the level of taxation of the

municipality and the district combined, calculating the hotel tax,

the sales tax, and the ad valorem tax independently, is equal to or

less than the tax level of the municipality as to fully annexed

areas.

areas where the district and the municipality overlap do not exceed

the level of taxation of fully annexed areas.

SECTION 15.010. Section 387.003(b-1), Local Government

Code, is amended to correct references to read as follows:

(b-1) If the proposed district includes any territory of a

municipality, the commissioners court shall send notice by

certified mail to the governing body of the municipality of the

commissioners court's intent to create the district. If the

municipality has created a development corporation under Chapter

504 or 505 [~~Section 4A or 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~], the

commissioners court shall also send the notice to the board of

directors of the corporation. The commissioners court must send

the notice not later than the 60th day before the date the

commissioners court orders the election. The governing body of the

municipality may exclude the territory of the municipality from the

proposed district by sending notice by certified mail to the

commissioners court of the governing body's desire to exclude the

municipal territory from the district. The governing body must

send the notice not later than the 45th day after the date the

governing body receives notice from the commissioners court under

this subsection. The territory of a municipality that is excluded

under this subsection may subsequently be included in the district

in an election held under Subsection (f) with the consent of the

municipality.

SECTION 15.011. (a) Section 501.007, Local Government

Code, is amended to conform to Section 3, Chapter 1102 (H.B. 3440),

Acts of the 80th Legislature, Regular Session, 2007, by adding

Subsection (c) to read as follows:

authorized by this subtitle in connection with a project and

authorized by a corporation in accordance with this subtitle

constitute the making of loans or grants of public money or

constitute other actions authorized by Section 52-a, Article III,

Texas Constitution.

(b) Section 3, Chapter 1102 (H.B. 3440), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Section

32, Development Corporation Act of 1979 (Article 5190.6, Vernon's

Texas Civil Statutes), is repealed.

SECTION 15.012. (a) Section 501.101, Local Government

Code, is amended to conform to Section 1, Chapter 1102 (H.B. 3440),

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

Sec. 501.101. PROJECTS RELATED TO CREATION OR RETENTION OF

PRIMARY JOBS. In this subtitle, "project" includes the land,

buildings, equipment, facilities, expenditures, targeted

infrastructure, and improvements that are:

(1) for the creation or retention of primary jobs; and

(2) found by the board of directors to be required or

suitable for the development, retention, or expansion of:

(A) manufacturing and industrial facilities;

(B) research and development facilities;

realigned military bases;

(D) transportation facilities, including

airports, hangars, airport maintenance and repair facilities, air

cargo facilities, related infrastructure located on or adjacent to

an airport facility, ports, mass commuting facilities, and parking

facilities;

(E) sewage or solid waste disposal facilities;

(F) recycling facilities;

(G) air or water pollution control facilities;

(H) facilities for furnishing water to the

public;

(I) distribution centers;

(J) small warehouse facilities capable of

serving as decentralized storage and distribution centers;

(K) primary job training facilities for use by

institutions of higher education; or

(L) regional or national corporate headquarters

facilities.

(b) Section 1, Chapter 1102 (H.B. 3440), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Section

2(11), Development Corporation Act of 1979 (Article 5190.6,

Vernon's Texas Civil Statutes), is repealed.

SECTION 15.013. (a) The heading to Subchapter B, Chapter

502, Local Government Code, is amended to conform to Section 1,

Chapter 119 (S.B. 1089), Acts of the 80th Legislature, Regular

Session, 2007, to read as follows:

SUBCHAPTER B. CORPORATE POWERS AND LIMITATIONS [~~FINANCIAL~~

~~PROVISIONS~~]

(b) Subchapter B, Chapter 502, Local Government Code, is

amended to codify Section 38A, Development Corporation Act of 1979

(Article 5190.6, Vernon's Texas Civil Statutes), as added by

Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,

Regular Session, 2007, by adding Section 502.052 to read as

follows:

Sec. 502.052. USE OF TAX REVENUE FOR MASS TRANSIT-RELATED

FACILITIES. A corporation may, as authorized by the corporation's

board of directors, spend tax revenue received under this subtitle

for the development, improvement, expansion, or maintenance of

facilities relating to the operation of commuter rail, light rail,

or motor buses.

(Article 5190.6, Vernon's Texas Civil Statutes), as added by

Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 15.014. (a) Subchapter D, Chapter 505, Local

Government Code, is amended to conform to Section 2, Chapter 1102

(H.B. 3440), Acts of the 80th Legislature, Regular Session, 2007,

by adding Section 505.1561 to read as follows:

Sec. 505.1561. PROJECTS RELATED TO AIRPORT FACILITIES IN

CERTAIN MUNICIPALITIES. For purposes of this chapter, "project"

includes land, buildings, equipment, facilities, and improvements

found by the board of directors to be required or suitable for the

development or expansion of airport facilities, including hangars,

airport maintenance and repair facilities, air cargo facilities,

and related infrastructure located on or adjacent to an airport

facility, if the project is undertaken by a Type B corporation

authorized to be created by a municipality:

(1) that enters into a development agreement with an

entity in which the entity acquires a leasehold or other possessory

interest from the corporation and is authorized to sublease the

entity's interest for other projects authorized by Sections 505.151

through 505.156; and

(2) the governing body of which has authorized the

development agreement by adopting a resolution at a meeting called

as authorized by law.

(b) Section 2, Chapter 1102, Acts of the 80th Legislature,

Regular Session, 2007, which amended former Section 4B(a)(2),

Development Corporation Act of 1979 (Article 5190.6, Vernon's Texas

Civil Statutes), is repealed.

SECTION 15.015. (a) Section 505.159, Local Government

Code, is amended to conform to Section 2, Chapter 1426 (S.B. 1523),

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

Sec. 505.159. HEARING REQUIRED TO UNDERTAKE PROJECT.

(a) Except as provided by Subsection (b), a [A] Type B corporation

shall hold at least one public hearing on a proposed project before

spending money to undertake the project.

(b) A Type B corporation the creation of which was

authorized by a municipality with a population of less than 20,000

is not required to hold a public hearing under this section if the

proposed project is defined by Subchapter C, Chapter 501.

(b) Section 2, Chapter 1426 (S.B. 1523), Acts of the 80th

Legislature, Regular Session, 2007, which amended former Section

4B(n), Development Corporation Act of 1979 (Article 5190.6,

Vernon's Texas Civil Statutes), is repealed.

SECTION 15.016. (a) Subchapter F, Chapter 505, Local

Government Code, is amended to codify Section 4B(e-2), Development

Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil

Statutes), as added by Section 1, Chapter 1426 (S.B. 1523), Acts of

the 80th Legislature, Regular Session, 2007, by adding Sections

505.2565 and 505.2575 to read as follows:

Sec. 505.2565. LIMITATION ON DURATION OF TAX. (a) At an

election held under Section 505.251, the authorizing municipality

may also allow the voters to vote on a ballot proposition to limit

the period for imposition of a sales and use tax.

(b) An authorizing municipality that has imposed a tax for a

limited time under this section may extend the period of the tax's

imposition or reimpose the tax only if the extension or

reimposition is approved by a majority of the voters of the

municipality voting at an election held for that purpose in the same

manner as an election held under Section 504.257.

Sec. 505.2575. LIMITED SALES AND USE TAX FOR SPECIFIC

PROJECT. (a) At an election held under Section 505.251, the

authorizing municipality may also allow the voters to vote on a

ballot proposition to limit the use of the sales and use tax to a

specific project.

(b) A Type B corporation created to perform a specific

project as provided by this section may retain its corporate

existence and perform any other project approved by the voters of

the authorizing municipality at an election held for that purpose

in the same manner as Section 504.260 provides for an election held

under Section 504.251. Before spending money to undertake a

project, a Type B corporation shall hold a public hearing as

otherwise provided by this chapter.

(b) Section 4B(e-2), Development Corporation Act of 1979

(Article 5190.6, Vernon's Texas Civil Statutes), as added by

Section 1, Chapter 1426 (S.B. 1523), Acts of the 80th Legislature,

Regular Session, 2007, is repealed.

SECTION 15.017. Section 615.022, Local Government Code, is

amended to add a heading to read as follows:

Sec. 615.022. TRANSPORTATION EXPENSES OF CERTAIN COUNTIES

FOR SENIOR CITIZENS. The commissioners court of a county with a

population of 2.4 million or more may pay out of the county general

funds costs and expenses for the transportation of senior citizens

for civic, community, educational, and recreational activities

within and outside the county.

ARTICLE 16. CHANGES RELATING TO NATURAL RESOURCES CODE

SECTION 16.001. Section 31.0672(a), Natural Resources

Code, is amended to correct a reference to read as follows:

(a) The division may directly sell to a political

subdivision or a development corporation organized under Subtitle

C1, Title 12, Local Government Code, [~~the Development Corporation~~

~~Act of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)~~] any

real property owned by the state that the legislature has

authorized or the governor has approved for sale under Subchapter E

if the commissioner determines the sale is in the best interest of

the state.

SECTION 16.002. Section 201.014, Natural Resources Code, as

amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

Sec. 201.014. PENALTIES. A person who violates Section

201.011 is guilty of a Class A misdemeanor, unless the person has

previously been convicted of violating that section [~~Section~~

~~201.011~~], in which case the person is guilty of a state jail felony.

SECTION 16.003. Section 201.041, Natural Resources Code, as

amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted to read

as follows:

Sec. 201.041. VANDALISM. (a) A person may not, without

express, prior, written permission of the owner, knowingly:

(1) break, break off, crack, carve upon, write, burn,

or otherwise mark upon, remove, or in any manner destroy, deface,

mar, or harm the surfaces of any cave or any natural material in a

cave, including speleothems;

(2) deface, mar, or harm in any manner the natural

condition of any cave; or

(3) break, force, tamper with, or otherwise disturb a

lock, gate, door, or other obstruction designed to control or

prevent access to any cave, even though entrance to the cave may not

be gained.

(b) A person who violates a provision of this section is

guilty of a state jail felony, unless the person has previously been

convicted of violating this section, in which case the person is

guilty of a felony of the third degree.

ARTICLE 17. CHANGES RELATING TO OCCUPATIONS CODE

SECTION 17.001. Section 503.058, Occupations Code, is

repealed.

SECTION 17.002. Section 1305.003(a), Occupations Code, as

amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the

80th Legislature, Regular Session, 2007, is reenacted and amended

to read as follows:

(a) This chapter does not apply to:

(1) the installation of electrical equipment in a

ship, watercraft other than a floating building, railway rolling

stock, aircraft, motor vehicle, or recreational vehicle;

(2) the installation of electrical equipment

underground in a mine and in self-propelled mobile surface mining

machinery and its attendant electrical trailing cable;

(3) the installation of electrical equipment for

generation, transformation, transmission, or distribution of power

used exclusively to operate railway rolling stock or exclusively

for signaling and communications purposes;

(4) the installation, maintenance, alteration, or

repair of communications equipment provided by a

telecommunications provider;

(5) the installation, maintenance, alteration, or

repair of electrical equipment under the exclusive control of an

electric utility, power generation company as defined by Sections

31.002(1) and (10), Utilities Code, electric cooperative, or

municipally owned utility and used for communications or metering,

or for the generation, control, transformation, transmission, and

distribution of electrical energy, and located:

(A) in a building used exclusively by a utility

or power generation company for those purposes;

(B) outdoors on property owned or leased by the

utility or power generation company;

public rights-of-way; or

(D) outdoors by established rights in vaults or

on private property;

(6) work not specifically regulated by a municipal

ordinance that is performed in or on a dwelling by a person who owns

and resides in the dwelling;

(7) work involved in the manufacture of electrical

equipment that includes the on-site and off-site manufacturing,

commissioning, testing, calibrating, coordinating,

troubleshooting, or evaluating of electrical equipment, the

repairing or retrofitting of electrical equipment with components

of the same ampacity, and the maintenance and servicing of

electrical equipment within the equipment's enclosure that is

performed by an authorized employee or authorized representative of

an electrical equipment manufacturer and limited to the type of

products manufactured by the manufacturer;

(8) electrical work if:

(A) the work is performed by a person who does not

engage in electrical work for the public;

(B) the work is performed by a person regularly

employed as a maintenance person or maintenance electrician for a

business; and

installation of electrical equipment during new construction as

defined by rules adopted under Chapter 151, Tax Code;

(9) the installation, maintenance, alteration, or

repair of electrical equipment or associated wiring under the

exclusive control of a gas utility and used for communications or

metering or for the control, transmission, or distribution of

natural gas;

(10) thoroughfare lighting, traffic signals,

intelligent transportation systems, and telecommunications

controlled by a governmental entity;

(11) electrical connections supplying heating,

ventilation, and cooling and refrigeration equipment, including

any required disconnect exclusively for the equipment, if the

service is performed by a licensed air conditioning and

refrigeration contractor under Chapter 1302;

(12) the design, installation, erection, repair, or

alteration of Class 1, Class 2, or Class 3 remote control,

signaling, or power-limited circuits, fire alarm circuits, optical

fiber cables, or communications circuits, including raceways, as

defined by the National Electrical Code;

(13) landscape irrigation installers, as necessary to

perform the installation and maintenance of irrigation control

systems, and landscapers, as necessary to perform the installation

and maintenance of low-voltage exterior lighting and holiday

lighting excluding any required power source;

(14) electrical work performed at a business that

operates:

(A) a chemical plant, petrochemical plant,

refinery, natural gas plant, natural gas treating plant, pipeline,

or oil and gas exploration and production operation by a person who

works solely for and is employed by that business; or

(B) a chemical plant, petrochemical plant

refinery, natural gas plant, or natural gas treatment plant by a

person who under a contract of at least 12 months' duration performs

electrical work for that plant and:

(i) the electrical work is not performed

during new construction as defined by rules adopted under Chapter

151, Tax Code; or

(ii) the person is not working for a

contractor that has a principal place of business in another state

or territory of the United States or a foreign country;

(15) the installation, maintenance, alteration, or

repair of elevators, escalators, or related equipment, excluding

any required power source, regulated under Chapter 754, Health and

Safety Code;

(16) the installation, maintenance, alteration, or

repair of equipment or network facilities provided or utilized by a

cable operator, as that term is defined by 47 U.S.C. Section 522, as

amended;

(17) the location, design, construction, extension,

maintenance, and installation of on-site sewage disposal systems in

accordance with Chapter 366, Health and Safety Code, or an on-site

sewage facility installer licensed under Chapter 37, Water Code;

(18) electrical work performed on a building,

structure, or equipment in agricultural use as defined by Section

11.002, Water Code, other than the processing of an agricultural

commodity;

(19) the installation, maintenance, alteration, or

repair of well pumps and equipment in accordance with Chapter 1902;

(20) electrical work required for the construction and

assembly of HUD-code manufactured housing or modular housing and

building units, other than the installation of service entrance

conductors, that is performed by a licensed manufacturer or

installer under Chapter 1201 or 1202, as applicable, if work

performed is within the scope of the license as defined by

applicable statutes and administrative rules; [~~and~~]

(21) work performed by a plumber who holds a license or

endorsement or is registered under Chapter 1301 that is necessary

to install, service, maintain, repair, or replace any type of

plumbing fixture or appliance, as described by Section 1301.002(7),

including a water heater, food disposer, garbage disposal, water

softener, dishwashing machine, and clothes washing machine on

existing electrical circuits only; and

(22) [~~. (21)~~] the maintenance or repair of a

residential appliance by a residential appliance dealer or

manufacturer or a person authorized by a residential appliance

dealer or manufacturer using only components of the same type and

ampacity as the original components.

SECTION 17.003. Section 1702.323(c), Occupations Code, as

amended by Chapters 663 (H.B. 1241) and 906 (H.B. 2833), Acts of the

80th Legislature, Regular Session, 2007, and Section

1702.323(c-1), Occupations Code, as added by Chapter 663 (H.B.

1241), Acts of the 80th Legislature, Regular Session, 2007, are

reenacted to read as follows:

hire or employ an individual to perform a duty described by Section

1702.222 if the individual has been convicted of a crime that would

otherwise preclude the individual from being registered under this

chapter. The private business shall maintain the individual's

criminal history record on file at the business and shall make the

record available for inspection by the Department of Public Safety.

(c-1) Although the security department of a private

business that hires or employs an individual as a private security

officer to possess a firearm in the course and scope of the

individual's duties is required to apply for a security officer

commission for the individual under this chapter, the security

department of a private business is not required to apply to the

board for any license under this chapter.

SECTION 17.004. Section 1951.254(f), Occupations Code, as

amended by Chapters 885 (H.B. 2278) and 890 (H.B. 2458), Acts of the

80th Legislature, Regular Session, 2007, is reenacted to read as

follows:

(f) The information sheet must include:

(1) the names and telephone numbers of the department

and the Department of State Health Services;

(2) the telephone number of any pesticide hotline

established by a state or federal agency or by a state university;

(3) a statement of a consumer's rights under Chapter

601, Business & Commerce Code, to cancel a home solicitation

transaction; and

(4) information concerning the availability of any

pretreatment inspection service that may be provided by the

department under Section 1951.210.

ARTICLE 18. CHANGES RELATING TO PARKS AND WILDLIFE CODE

SECTION 18.001. Section 12.117, Parks and Wildlife Code, is

amended to add a heading to read as follows:

Sec. 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING

CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is

convicted in a justice court for violating a provision of this code

or a proclamation or regulation adopted under this code that

provides enhanced penalties for subsequent convictions, the court

on request shall submit to the department an affidavit certifying

the conviction. Along with such affidavit the court shall also

compile and send to the department the defendant's driver's license

number and copies of any photograph, picture, description, or

measurement of the defendant made by any law enforcement agency in

connection with the offense.

(b) A certified copy of such affidavit and documents

pursuant to Subsection (a) of this section is admissible as

evidence in a criminal proceeding to prove that a particular person

was convicted of the offense to which the documents pertain if the

court finds that 15 days before trial, the party against whom the

evidence is offered was provided a copy of the document offered as

evidence.

ARTICLE 19. CHANGES RELATING TO PENAL CODE

SECTION 19.001. Section 25.07(a), Penal Code, as amended by

Chapters 66 (S.B. 584) and 1113 (H.B. 3692), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

(a) A person commits an offense if, in violation of a

condition of bond set in a family violence case and related to the

safety of the victim or the safety of the community, an order issued

under Article 17.292, Code of Criminal Procedure, an order issued

under Section 6.504, Family Code, Chapter 83, Family Code, if the

temporary ex parte order has been served on the person, or Chapter

85, Family Code, or an order issued by another jurisdiction as

provided by Chapter 88, Family Code, the person knowingly or

intentionally:

(1) commits family violence or an act in furtherance

of an offense under Section 22.011, 22.021, or 42.072;

(2) communicates:

(A) directly with a protected individual or a

member of the family or household in a threatening or harassing

manner;

(B) a threat through any person to a protected

individual or a member of the family or household; or

or a member of the family or household except through the person's

attorney or a person appointed by the court, if the violation is of

an order described by this subsection and the order prohibits any

communication with a protected individual or a member of the family

or household;

(3) goes to or near any of the following places as

specifically described in the order or condition of bond:

(A) the residence or place of employment or

business of a protected individual or a member of the family or

household; or

(B) any child care facility, residence, or school

where a child protected by the order or condition of bond normally

resides or attends; or

(4) possesses a firearm.

SECTION 19.002. Section 32.51(b), Penal Code, as amended by

Chapters 631 (H.B. 649), 1163 (H.B. 126), and 1173 (H.B. 460), Acts

of the 80th Legislature, Regular Session, 2007, is reenacted to

read as follows:

(b) A person commits an offense if the person, with the

intent to harm or defraud another, obtains, possesses, transfers,

or uses an item of:

(1) identifying information of another person without

the other person's consent;

(2) information concerning a deceased natural person,

including a stillborn infant or fetus, that would be identifying

information of that person were that person alive, if the item of

information is obtained, possessed, transferred, or used without

legal authorization; or

(3) identifying information of a child younger than 18

years of age.

SECTION 19.003. Section 39.04(b), Penal Code, as amended by

Chapters 263 (S.B. 103) and 378 (S.B. 563), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(b) An offense under Subsection (a)(1) is a Class A

misdemeanor. An offense under Subsection (a)(2) is a state jail

felony, except that an offense under Subsection (a)(2) is a felony

of the second degree if the offense is committed against:

(1) an [~~the~~] individual [is] in the custody of the

Texas Youth Commission; or

(2) a juvenile offender detained in or committed to a

correctional facility the operation of which is financed primarily

with state funds.

SECTION 19.004. Section 46.15(a), Penal Code, as amended by

Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(a) Sections 46.02 and 46.03 do not apply to:

(1) peace officers or special investigators under

Article 2.122, Code of Criminal Procedure, and neither section

prohibits a peace officer or special investigator from carrying a

weapon in this state, including in an establishment in this state

serving the public, regardless of whether the peace officer or

special investigator is engaged in the actual discharge of the

officer's or investigator's duties while carrying the weapon;

(2) parole officers and neither section prohibits an

officer from carrying a weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) in compliance with policies and procedures

adopted by the Texas Department of Criminal Justice regarding the

possession of a weapon by an officer while on duty;

(3) community supervision and corrections department

officers appointed or employed under Section 76.004, Government

Code, and neither section prohibits an officer from carrying a

weapon in this state if the officer is:

(A) engaged in the actual discharge of the

officer's duties while carrying the weapon; and

(B) authorized to carry a weapon under Section

76.0051, Government Code;

(4) a judge or justice of a federal court, the supreme

court, the court of criminal appeals, a court of appeals, a district

court, a criminal district court, a constitutional county court, a

statutory county court, a justice court, or a municipal court who is

licensed to carry a concealed handgun under Subchapter H, Chapter

411, Government Code;

(5) an honorably retired peace officer or federal

criminal investigator who holds a certificate of proficiency issued

under Section 1701.357, Occupations Code, and is carrying a photo

identification that:

(A) verifies that the officer honorably retired

after not less than 15 years of service as a commissioned officer;

and

(B) is issued by a state or local law enforcement

agency;

(6) a district attorney, criminal district attorney,

county attorney, or municipal attorney who is licensed to carry a

concealed handgun under Subchapter H, Chapter 411, Government Code;

[or]

(7) an assistant district attorney, assistant

criminal district attorney, or assistant county attorney who is

licensed to carry a concealed handgun under Subchapter H, Chapter

411, Government Code; or

(8) [~~(7)~~] a bailiff designated by an active judicial

officer as defined by Section 411.201, Government Code, who is:

(A) licensed to carry a concealed handgun under

Chapter 411, Government Code; and

(B) engaged in escorting the judicial officer.

SECTION 19.005. Section 46.15(b), Penal Code, as amended by

Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts

of the 80th Legislature, Regular Session, 2007, is reenacted to

read as follows:

(b) Section 46.02 does not apply to a person who:

(1) is in the actual discharge of official duties as a

member of the armed forces or state military forces as defined by

Section 431.001, Government Code, or as a guard employed by a penal

institution;

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other

sporting activity on the immediate premises where the activity is

conducted, or is en route between the premises and the actor's

residence or motor vehicle, if the weapon is a type commonly used in

the activity;

(4) holds a security officer commission issued by the

Texas Private Security Board, if the person:

(A) is engaged in the performance of the person's

duties as an officer commissioned under Chapter 1702, Occupations

Code, or is traveling to or from the person's place of assignment;

and

(B) is either:

(i) wearing the officer's uniform and

carrying the officer's weapon in plain view; or

(ii) acting as a personal protection

officer and carrying the person's security officer commission and

personal protection officer authorization;

(5) is carrying a concealed handgun and a valid

license issued under Subchapter H, Chapter 411, Government Code, to

carry a concealed handgun of the same category as the handgun the

person is carrying;

(6) holds an alcoholic beverage permit or license or

is an employee of a holder of an alcoholic beverage permit or

license if the person is supervising the operation of the permitted

or licensed premises; or

(7) is a student in a law enforcement class engaging in

an activity required as part of the class, if the weapon is a type

commonly used in the activity and the person is:

(A) on the immediate premises where the activity

is conducted; or

(B) en route between those premises and the

person's residence and is carrying the weapon unloaded.

ARTICLE 20. CHANGES RELATING TO PROPERTY CODE

SECTION 20.001. Section 5.008(b), Property Code, as amended

by Chapters 448 (H.B. 271), 1051 (H.B. 2118), and 1256 (H.B. 2819),

Acts of the 80th Legislature, Regular Session, 2007, is reenacted

and amended to read as follows:

(b) The notice must be executed and must, at a minimum, read

substantially similar to the following:

SELLER'S DISCLOSURE NOTICE

CONCERNING THE PROPERTY AT___________________________________

(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER'S KNOWLEDGE

OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED

BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS

OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS

NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER'S

AGENTS.

Seller __ is __ is not occupying the Property.

If unoccupied, how long since Seller has occupied the Property?

________________________________________________________________

1. The Property has the items checked below:

Write Yes (Y), No (N), or Unknown (U).

__ Range

__ Oven

__ Microwave

__ Dishwasher

__ Trash Compactor

__ Disposal

__ Washer/Dryer

__ Window

__ Rain Gutters

Hookups

Screens

__ Security

__ Fire Detection

__ Intercom

System

Equipment

System

__ Smoke Detector

__ Smoke Detector -

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna

__ Cable TV

__ Satellite

Wiring

Dish

__ Ceiling Fan(s)

__ Attic Fan(s)

__ Exhaust

Fan(s)

__ Central A/C

__ Central Heating

__ Wall/Window

Air

Conditioning

__ Plumbing System

__ Septic System

__ Public Sewer

System

__ Patio/Decking

__ Outdoor Grill

__ Fences

__ Pool

__ Sauna

__ Spa

__ Hot Tub

__ Pool Equipment

__ Pool Heater

__ Automatic Lawn

Sprinkler

System

__ Fireplace(s) &

Chimney

(Woodburning)

(Mock)

__ Gas Lines

__ Gas Fixtures

(Nat./LP)

Garage: __ Attached

__ Not Attached

__ Carport

Garage Door Opener(s):

__ Electronic

__ Control(s)

Water Heater:

__ Gas

__ Electric

Water Supply: __ City

__ Well __ MUD

__ Co-op

Roof Type: ________________________________Age: _____(approx)

Are you (Seller) aware of any of the above items that are not in

working condition, that have known defects, or that are in need of

repair? __ Yes __ No __ Unknown.

If yes, then describe. (Attach additional sheets if necessary):

________________________________________________________________

2. Does the property have working smoke detectors installed in

accordance with the smoke detector requirements of Chapter 766,

Health and Safety Code? __Yes __No __Unknown.

If the answer to the question above is no or unknown, explain.

(Attach additional sheets if necessary): ________________________

________________________________________________________________

3. Are you (Seller) aware of any known defects/malfunctions in any

of the following?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls

__ Ceilings

__ Floors

__ Exterior Walls

__ Doors

__ Windows

__ Roof

__ Foundation/

__ Basement

Slab(s)

__ Walls/Fences

__ Driveways

__ Sidewalks

__ Plumbing/Sewers/

__ Electrical

__ Lighting

Septics

Systems

Fixtures

__ Other Structural Components (Describe):____________________

________________________________________________________________

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

4. Are you (Seller) aware of any of the following conditions?

Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites

__ Previous Structural

(includes

or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage

__ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage

__ Asbestos Components

__ Previous Termite

__ Urea formaldehyde

Treatment

Insulation

__ Previous Flooding

__ Radon Gas

__ Improper Drainage

__ Lead Based Paint

__ Water Penetration

__ Aluminum Wiring

__ Located in 100-Year

__ Previous Fires

Floodplain

__ Present Flood Insurance

__ Unplatted Easements

Coverage

__ Landfill, Settling, Soil

__ Subsurface

Movement, Fault Lines

Structure or Pits

__ Previous Use of

Premises for

Manufacture of

Methamphetamine

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

5. Are you (Seller) aware of any item, equipment, or system in or

on the property that is in need of repair? __ Yes (if you are

aware) __ No (if you are not aware). If yes, explain (attach

additional sheets as necessary)._________________________________

6. Are you (Seller) aware of any of the following?

Write Yes (Y) if you aware, write No (N) if you are not aware.

__	Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__	Homeowners' Association or maintenance fees or assessments.

__	Any "common area" (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__	Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__	Any lawsuits directly or indirectly affecting the Property.

__	Any condition on the Property which materially affects the physical health or safety of an individual.

If the answer to any of the above is yes, explain. (Attach

additional sheets if necessary):_____________________________

________________________________________________________________

7 [6]. If the property is located in a coastal area that is seaward

of the Gulf Intracoastal Waterway or within 1,000 feet of the mean

high tide bordering the Gulf of Mexico, the property may be subject

to the Open Beaches Act or the Dune Protection Act (Chapter 61 or

63, Natural Resources Code, respectively) and a beachfront

construction certificate or dune protection permit may be required

for repairs or improvements. Contact the local government with

ordinance authority over construction adjacent to public beaches

for more information.

_______________________________________________________

Date Signature of Seller

The undersigned purchaser hereby acknowledges receipt of the

foregoing notice and acknowledges the property complies with the

smoke detector requirements of Chapter 766, Health and Safety Code,

or, if the property does not comply with the smoke detector

requirements of Chapter 766, the buyer waives the buyer's rights to

have smoke detectors installed in compliance with Chapter 766.

_______________________________________________________

Date Signature of Purchaser

SECTION 20.002. Section 5.014(a), Property Code, is amended

to correct references to read as follows:

(a) A seller of residential real property that is located in

a public improvement district established under Subchapter A,

Chapter 372, Local Government Code, or Chapter 382, Local

Government Code, and that consists of not more than one dwelling

unit located in this state shall give to the purchaser of the

property a written notice that reads substantially similar to the

following:

NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT

TO (municipality or county levying assessment) CONCERNING THE

PROPERTY AT (street address)

As a purchaser of this parcel of real property you are

obligated to pay an assessment to a municipality or county for an

improvement project undertaken by a public improvement district

under Subchapter A, Chapter 372, Local Government Code, or Chapter

382, Local Government Code. The assessment may be due annually or

in periodic installments. More information concerning the amount

of the assessment and the due dates of that assessment may be

obtained from the municipality or county levying the assessment.

The amount of the assessments is subject to change. Your

failure to pay the assessments could result in a lien on and the

foreclosure of your property.

Date: __________________ ________________________________

Signature of Purchaser

SECTION 20.003. Section 12.0011(c), Property Code, is

amended to correct a reference to read as follows:

electronic instrument or other document that complies with the

requirements of Chapter 15 of this code, Chapter 195, Local

Government Code, Chapter 322 [43], Business & Commerce Code, or

other applicable law.

SECTION 20.004. Section 204.003, Property Code, as amended

by Chapters 767 (H.B. 3518) and 1367 (H.B. 3674), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE

COVENANTS IN CERTAIN CIRCUMSTANCES. (a) An express designation in

a document creating restrictions applicable to a residential real

estate subdivision that provides for the extension of, addition to,

or modification of existing restrictions by a designated number of

owners of real property in the subdivision prevails over the

provisions of this chapter.

(b) Notwithstanding Subsection (a), for a residential

subdivision described by Subsection (c), the provisions of this

chapter prevail over an express designation in a document described

by Subsection (a) if:

(1) the designated number of owners of real property

in the subdivision required for approval of an extension of,

addition to, or modification of the document is more than 75

percent; or

(2) the designation prohibits the extension of,

addition to, or modification of an existing restriction for a

certain time period and that time period has not expired.

that is located in a county described by Section 204.002(a)(3)

other than a gated community with private streets.

(d) [~~(b)~~] A document creating restrictions that provides

for the extension or renewal of restrictions and does not provide

for modification or amendment of restrictions may be modified under

this chapter, including modifying the provision that provides for

extension or renewal of the restrictions.

ARTICLE 21. CHANGES RELATING TO SPECIAL DISTRICT

LOCAL LAWS

PART A. CHANGES AFFECTING VARIOUS SPECIAL DISTRICTS

SECTION 21.001. Section 1013.054(a), 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:

(a) Each director shall qualify for office by executing

[~~execute~~] a good and sufficient bond for $1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the

director's duties.

SECTION 21.002. Section 1022.102, 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:

Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION

TAXATION AND DEBT. A political subdivision of this state, other

than the district, may not impose a tax or issue bonds or other

obligations for hospital purposes or to provide medical care in the

district.

SECTION 21.003. Section 1023.301, Special District Local

Laws Code, is amended to conform more closely to the source law from

which the section was derived by adding Subsection (c-1) to read as

follows:

(c-1) The election shall be called not later than the 60th

day after the date the petition is presented to the district.

SECTION 21.004. Section 1025.051, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.051. BOARD ELECTION; TERM. The district is

governed by a board of seven directors elected at large by place for

staggered three-year terms. A director's election shall be held

each year on the May uniform election date prescribed by Section

41.001, Election Code. [~~(a)~~ ~~The board consists of seven directors~~

~~elected from the district at large.~~

[~~(b)~~ ~~Directors serve staggered two-year terms unless~~

~~four-year terms are established under Section 285.081, Health and~~

~~Safety Code.~~]

SECTION 21.005. Section 1025.052, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.052. NOTICE OF ELECTION. Notice [~~At least 30 days~~

~~before the date~~] of an election of directors[~~, notice of the~~

~~election~~] shall be published one time in a newspaper or newspapers

that individually or collectively have general circulation in the

district in accordance with Section 4.003, Election Code.

SECTION 21.006. Section 1025.053, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.053. BALLOT APPLICATION [~~PETITION~~]. A person who

wants to have the person's name printed on the ballot as a candidate

for director must file an application with the board secretary in

accordance with Chapter 144, Election Code [~~a petition requesting~~

~~that action. The petition must be:~~

[~~(1) signed by at least 10 voters; and~~

[~~(2)~~ ~~filed at least 30 days before the date of the~~

~~election~~].

SECTION 21.007. Section 1025.058, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.058. QUORUM. Any four [~~five~~] directors

constitute a quorum.

SECTION 21.008. Section 1025.059, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.059. VOTING REQUIREMENT. A concurrence of four

[~~five~~] directors is sufficient in any matter relating to district

business.

SECTION 21.009. (a) Section 1025.060(c), Special District

Local Laws Code, is amended to conform to Section 2, Chapter 792,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

~~administrator serve~~] at the will of the board and is [~~are~~] entitled

to the compensation determined by the board.

(b) Sections 1025.060(b) and (d), Special District Local

Laws Code, are repealed to conform to Section 2, Chapter 792, Acts

of the 80th Legislature, Regular Session, 2007.

SECTION 21.010. Section 1025.110, Special District Local

Laws Code, is amended to conform to Section 5, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.110. CONSTRUCTION CONTRACTS. A construction

contract that involves an [~~the~~] expenditure of more than the amount

provided by Section 271.024, Local Government Code, may be made

only after competitive bidding as provided by Subchapter B, Chapter

271 [~~$10,000 may be made only after advertising in the manner~~

~~provided by Chapter 252 and Subchapter C, Chapter 262~~], Local

Government Code.

SECTION 21.011. Section 1025.113, Special District Local

Laws Code, is amended to conform to Section 2, Chapter 792, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR

INVESTIGATORY OR OTHER SERVICES. The board may contract with a

political subdivision or governmental agency for the district to

provide investigatory or other services regarding [~~as to~~] the

medical, hospital, or welfare needs of district inhabitants.

SECTION 21.012. Subchapter C, Chapter 1025, Special

District Local Laws Code, is amended to conform to Section 3,

Chapter 792, Acts of the 80th Legislature, Regular Session, 2007,

by adding Section 1025.1145 to read as follows:

Sec. 1025.1145. NONPROFIT CORPORATION. (a) The district

may create and sponsor a nonprofit corporation under the Business

Organizations Code and may contribute money to or solicit money for

the corporation.

(b) The corporation may use money contributed by the

district only to provide health care or other services the district

is authorized to provide under this chapter.

public or private entity or individual to provide health care or

other services the district is authorized to provide under this

chapter.

(d) The corporation may invest the corporation's money in

any manner in which the district may invest the district's money,

including investing money as authorized by Chapter 2256, Government

Code.

(e) The board shall establish controls to ensure that the

corporation uses its money as required by this section.

SECTION 21.013. Chapter 1025, Special District Local Laws

Code, is amended to conform to Section 7, Chapter 792, Acts of the

80th Legislature, Regular Session, 2007, and to correct a

typographical error by adding Subchapter G to read as follows:

SUBCHAPTER G. DISSOLUTION

Sec. 1025.301. DISSOLUTION; ELECTION. (a) The district

may be dissolved only on approval of a majority of the district

voters voting in an election held for that purpose.

(b) The board of directors may order an election on the

question of dissolving the district and disposing of the district's

assets.

board receives a petition requesting an election that is signed by a

number of registered voters of the district equal to at least 20

percent of the registered voters in the district.

(d) An election on dissolution of the district shall be held

not later than the 62nd day after the date the election is ordered.

(e) The order calling the election must state:

(1) the nature of the election, including the

proposition to appear on the ballot;

(2) the date of the election;

(3) the hours during which the polls will be open; and

(4) the location of the polling places.

(f) Section 41.001, Election Code, does not apply to an

election ordered under this section.

Sec. 1025.302. NOTICE OF ELECTION. (a) The board shall

give notice of an election under this subchapter by publishing once

a week for two consecutive weeks a substantial copy of the election

order in a newspaper with general circulation in the district.

(b) The first publication must appear not later than the

35th day before the date set for the election.

Sec. 1025.303. BALLOT. The ballot for an election under

this subchapter shall be printed to permit voting for or against the

proposition: "The dissolution of the Electra County Hospital

District."

Sec. 1025.304. ELECTION RESULTS. (a) If a majority of the

votes in an election under this subchapter favor dissolution, the

board shall order that the district be dissolved.

(b) If a majority of the votes in the election do not favor

dissolution, the board shall continue to administer the district

and another election on the question of dissolution may not be held

before the first anniversary of the date of the most recent election

to dissolve the district.

Sec. 1025.305. TRANSFER OR ADMINISTRATION OF ASSETS.

(a) If a majority of the votes in an election under this subchapter

favor dissolution, the board shall:

(1) transfer to Wichita County or another governmental

entity in Wichita County the land, buildings, improvements,

equipment, and other assets that belong to the district; or

(2) administer the property, assets, and debts until

all money has been disposed of and all district debts have been paid

or settled.

(b) If the board makes the transfer under Subsection (a)(1),

the county or entity assumes all debts and obligations of the

district at the time of the transfer, and the district is dissolved.

(a)(1), the district is dissolved when all district money is

disposed of and all district debts are paid or settled.

Sec. 1025.306. IMPOSITION OF TAX AND RETURN OF SURPLUS

TAXES. (a) After the board finds that the district is dissolved,

the board shall:

(1) determine the debt owed by the district; and

(2) impose on the property included in the district's

tax rolls a tax that is in proportion of the debt to the property

value.

(b) On the payment of all outstanding debts and obligations

of the district, the board shall order the secretary to return to

each district taxpayer the taxpayer's pro rata share of all unused

tax money. A taxpayer may request that the taxpayer's share of

surplus tax money be credited to the taxpayer's county taxes. If a

taxpayer requests the credit, the board shall direct the secretary

to transmit the funds to the county tax assessor-collector.

Sec. 1025.307. REPORT; DISSOLUTION ORDER. (a) After the

district has paid all its debts and has disposed of all its assets

and money as prescribed by this subchapter, the board shall file a

written report with the Commissioners Court of Wichita County

summarizing the board's actions in dissolving the district.

(b) Not later than the 10th day after the date the

Commissioners Court of Wichita County receives the report and

determines that the requirements of this subchapter have been

fulfilled, the commissioners court shall enter an order dissolving

the district and releasing the board from any further duty or

obligation.

SECTION 21.014. Section 1027.301, Special District Local

Laws Code, is amended to conform more closely to the source law from

which the section was derived by adding Subsection (c-1) to read as

follows:

(c-1) The election shall be called not later than the 60th

day after the date the petition is presented to the district.

SECTION 21.015. Section 1033.053(a), 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:

(a) Each director shall qualify for office by executing

[~~execute~~] a good and sufficient commercial bond for $1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the

director's duties.

SECTION 21.016. Section 1042.052(a), 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:

(a) Each appointed director shall qualify for office by

executing [~~execute~~] a good and sufficient commercial bond for

$1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the

director's duties.

SECTION 21.017. Section 1043.301, Special District Local

Laws Code, is amended to conform more closely to the source law from

which the section was derived by adding Subsection (c-1) to read as

follows:

(c-1) The election shall be called not later than the 60th

day after the date the petition is presented to the board.

SECTION 21.018. Section 1049.053(a), 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:

(a) Each director shall qualify for office by executing

[~~execute~~] a good and sufficient commercial bond for $1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the

director's duties.

SECTION 21.019. Subchapter B, Chapter 1054, Special

District Local Laws Code, is amended to conform to Chapter 115, Acts

of the 80th Legislature, Regular Session, 2007, by adding Section

1054.0565 to read as follows:

Sec. 1054.0565. REMOVAL OF DIRECTOR. (a) It is a ground

for removal from the board that a director:

(1) is absent from more than three-fourths of the

regularly scheduled board meetings that the director is eligible to

attend during a calendar year without an excuse approved by a

majority vote of the board; or

(2) fails to timely pay a federal, state, or local tax,

including an ad valorem tax.

(b) The validity of an action of the board is not affected by

the fact that it is taken when a ground for removal of a director

exists.

has knowledge that a potential ground for removal exists, the

administrator or manager shall notify the president of the board of

the potential ground. The president shall then notify the county

attorney and district attorney that a potential ground for removal

exists and request that the county or district attorney bring an

action in the nature of quo warranto under Chapter 66, Civil

Practice and Remedies Code, as appropriate. If the potential

ground for removal involves the president, the administrator or

manager shall notify the vice president of the board, who shall then

notify the county attorney and district attorney that a potential

ground for removal exists and request an action in the nature of quo

warranto.

SECTION 21.020. Section 1060.054(a), 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:

(a) Each director shall qualify for office by executing

[~~execute~~] a good and sufficient commercial bond for $1,000 that is:

(1) payable to the district; and

(2) conditioned on the faithful performance of the

director's duties.

SECTION 21.021. Section 3503.1015, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3503.1015. ADDITIONAL POWERS OF OTHER ENTITIES; BONDS.

The authority may exercise the powers given to:

(1) the governing body of a "unit," as defined by

Section 501.002(17), Local Government Code [~~2, Development~~

~~Corporation Act of 1979 (Article 5190.6, Vernon's Texas Civil~~

~~Statutes)~~], and may issue district bonds for a purpose specified by

Subtitle C1, Title 12, Local Government Code [~~that Act~~];

(2) an emergency services district under Chapter 775,

Health and Safety Code; or

(3) a rural or urban transit district under Chapter

458, Transportation Code.

SECTION 21.022. Section 3828.101, Special District Local

Laws Code, is amended to correct a reference to read as follows:

Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties provided by:

(1) the general laws relating to conservation and

reclamation districts created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 54, Water Code, except that

the district's bonds and other securities are not subject to the

jurisdiction or supervision of the commission under Chapter 49,

Water Code, or other law;

(2) the general laws relating to road districts and

road utility districts created under Section 52(b), Article III,

Texas Constitution, including Chapter 441, Transportation Code;

(3) Chapter 372 or 382, Local Government Code, in the

same manner as a municipality or a county;

(4) Chapter 375, Local Government Code; and

(5) Chapter 505, Local Government Code.

SECTION 21.023. Section 3828.151, Special District Local

Laws Code, is amended to correct a reference to read as follows:

Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.

The district may:

(1) impose an ad valorem tax in accordance with

Chapter 375, Local Government Code, on all taxable property in the

district;

(2) impose an assessment or impact fee in the manner

provided for a municipality or county under Chapter 372 or 382,

Local Government Code, on all industrial, commercial, and

residential property in the district;

(3) impose and apply the proceeds from a sales and use

tax, and a hotel occupancy tax, as authorized by this chapter;

(4) impose a rate, fee, or charge for the use of an

improvement project or the consumption of a product resulting from

an improvement project;

(5) borrow money for a district purpose by issuing or

executing bonds, notes, credit agreements, or other obligations of

any kind found by the board to be necessary or appropriate for the

district purpose;

(6) establish, revise, repeal, enforce, collect, and

apply the proceeds from a user fee or charge for the enjoyment,

sale, rental, or other use of a district facility, service,

property, or improvement project;

(7) provide or secure the payment or repayment of the

costs and expenses of the establishment, administration, and

operation of the district and the district's costs or share of the

costs of an improvement project or district contractual obligation

or indebtedness by or through a lease, installment purchase

contract, or other agreement with any person, or the imposition of

taxes, user fees, concessions, rentals, or other revenues or

resources of the district;

(8) establish user charges related to the operation of

various public services, including public water supply services,

for the collection and treatment of wastewater, and for the

operation of storm-water facilities, including the regulation of

storm water for the protection of water quality in the district, and

for the provision of septic tank maintenance services inside and

outside the district;

(9) undertake separately or jointly with other persons

all or part of the cost of an improvement project, including an

improvement project:

(A) for improving, enhancing, and supporting

public safety and security, fire protection and emergency medical

services, and law enforcement in and adjacent to the district; or

(B) that confers a general benefit on the entire

district or a special benefit on a definable part of the district;

and

(10) enter into a tax abatement agreement in

accordance with the general laws of this state authorizing and

applicable to tax abatement agreements by municipalities.

SECTION 21.024. Section 3828.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) The district may impose an impact fee or assessment,

including an impact fee or assessment on residential property, only

in the manner provided by Chapter 372 or 382, Local Government Code,

for a municipality, county, or public improvement district,

according to the benefit received by the property.

SECTION 21.025. Section 3839.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3839.101. INDUSTRIAL DEVELOPMENT CORPORATION POWERS.

The district may exercise the powers given to an industrial

development corporation under Chapter 505, Local Government Code

[~~Section 4B, Development Corporation Act of 1979 (Article 5190.6,~~

~~Vernon's Texas Civil Statutes)~~], including the power to own,

operate, acquire, construct, lease, improve, or maintain a project

described by that chapter [~~section~~].

SECTION 21.026. Section 3840.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3840.101. ADDITIONAL POWERS OF DISTRICT. The district

may exercise the powers given to:

(1) an economic development corporation under Chapter

505, Local Government Code [~~Section 4B, Development Corporation Act~~

~~of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)~~], including

the power to own, operate, acquire, construct, lease, improve, or

maintain a project described by that chapter [~~section~~];

(2) a housing finance corporation under Chapter 394,

Local Government Code, to provide housing or residential

development projects in the district; and

(3) a sports facility district under Chapter 325,

Local Government Code.

SECTION 21.027. Section 3842.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3842.101. ADDITIONAL POWERS OF DISTRICT. The district

may exercise the powers given to:

(1) a corporation under Chapter 505, Local Government

Code [~~Section 4B, Development Corporation Act of 1979 (Article~~

~~5190.6, Vernon's Texas Civil Statutes)~~], including the power to

own, operate, acquire, construct, lease, improve, or maintain a

project described by that chapter [~~section~~]; and

(2) a housing finance corporation under Chapter 394,

Local Government Code, to provide housing or residential

development projects in the district.

SECTION 21.028. Section 3846.001, Special District Local

Laws Code, is amended to conform to Sections 9 and 11, Chapter 950,

Acts of the 80th Legislature, Regular Session, 2007, and to correct

a reference by adding Subdivisions (1-a), (1-b), and (3) to read as

follows:

(1-a) "Community venue project" or "venue project"

means a venue and related infrastructure that is planned, acquired,

established, developed, constructed, or renovated under this

chapter.

(1-b) "Development zone" means an economic

development zone created by the district under Subchapter F.

(3) "Venue" means a convention center facility or

related improvement such as a convention center, civic center,

civic center building, civic center hotel, auditorium, theater,

opera house, music hall, exhibition hall, rehearsal hall, park,

zoological park, museum, aquarium, or plaza.

SECTION 21.029. The heading to Subchapter D, Chapter 3846,

Special District Local Laws Code, is amended to conform to Chapter

950, Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

SUBCHAPTER D. SALES AND USE TAX; GENERAL FINANCIAL PROVISIONS

SECTION 21.030. Section 3846.152(b), Special District

Local Laws Code, is amended to conform to Section 3, Chapter 950,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(b) The board may not call an election to abolish a sales and

use tax or to reduce the rate of the sales and use tax below the

amount pledged to secure payment of any outstanding district debt

or contractual obligation while any district debt or contractual

obligation remains outstanding.

SECTION 21.031. Section 3846.156, Special District Local

Laws Code, is amended to conform to Section 6, Chapter 950, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 3846.156. ABOLITION OF LOCAL SALES AND USE TAX.

(a) Except as provided by Subsection (b), the [~~The~~] board by order

may abolish the local sales and use tax rate without an election.

(b) The board may not abolish the local sales and use tax

while any district debt or contractual obligation remains

outstanding if any sales and use tax revenue is pledged to secure

payment of the outstanding debt or obligation.

SECTION 21.032. Section 3846.158, Special District Local

Laws Code, is amended to conform to Section 5, Chapter 950, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 3846.158. EFFECTIVE DATE OF SALES AND USE TAX OR TAX

CHANGE. The adoption of a sales and use tax rate or a change in the

sales and use tax rate takes effect after the expiration of the

first complete calendar quarter occurring after the date on which

the comptroller receives a notice of the results of the election.

SECTION 21.033. Subchapter D, Chapter 3846, Special

District Local Laws Code, is amended to conform to Section 2,

Chapter 950, Acts of the 80th Legislature, Regular Session, 2007,

by adding Section 3846.1585 to read as follows:

Sec. 3846.1585. GENERAL AUTHORITY TO IMPOSE TAXES. The

district may impose for any district purpose any tax authorized by

this chapter.

SECTION 21.034. Section 3846.159, Special District Local

Laws Code, is amended to conform to Section 1, Chapter 950, Acts of

the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 3846.159. AD VALOREM TAX PROHIBITED; EXCEPTION.

Except as provided by Subchapter F, the [~~The~~] district may not

impose an ad valorem tax on property in the district.

SECTION 21.035. Section 3846.164(b), Special District

Local Laws Code, is amended to conform to Section 10, Chapter 950,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(b) In addition to the sources described in Subchapter J,

Chapter 375, Local Government Code, bonds issued by the district

may be secured and made payable, wholly or partly, by a pledge of

all or [~~any~~] part of the net proceeds the district receives from:

(1) a specified portion of not more than 75 percent

[~~one-half~~] of the maximum sales and use tax amount authorized under

Section 3846.152;

(2) a specified portion of not more than 90 percent of

the maximum sales and use tax imposed by a development zone;

(3) an ad valorem tax imposed by a development zone;

(4) a hotel occupancy tax;

(5) an event admissions tax;

(6) an event parking tax; and

(7) any other district revenue.

SECTION 21.036. Chapter 3846, Special District Local Laws

Code, is amended to conform to Section 9, Chapter 950, Acts of the

80th Legislature, Regular Session, 2007, by adding Subchapter F to

read as follows:

SUBCHAPTER F. ECONOMIC DEVELOPMENT ZONES

Sec. 3846.251. DEFINITIONS. In this subchapter:

(1) "Governing body" means the board of directors of a

development zone.

(2) "Project" means the development or construction of

a building, structure, facility, or other improvement on a parcel

or tract in a development zone, or an expansion, enlargement,

replacement, or relocation of a building, structure, facility, or

other improvement in a development zone. The term includes a

contractual obligation to reimburse a developer for money spent by

the developer in the construction, development, expansion,

enlargement, replacement, or relocation of a building, structure,

facility, or other improvement in a development zone.

Sec. 3846.252. NATURE OF DEVELOPMENT ZONE. A development

zone is a political and corporate body and a political subdivision

of the state, separate from the district.

Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on

its own motion or on receipt of a petition signed by the owners of

all real property in a defined area of the district consisting of 25

or more contiguous acres of land, by resolution may create,

designate, describe, assign a name to, and appoint the governing

body for a development zone in the district to promote development

or redevelopment of the area, if the board finds that the creation

of the zone will further the public purposes of:

(1) the development and diversification of the economy

of the district and the state;

(2) the elimination of unemployment or

underemployment in the district and the state;

(3) the development or expansion of transportation or

commerce in the district and the state; or

(4) the promotion and stimulation of business,

commercial, and economic activity in the district and the state.

Sec. 3846.254. PRELIMINARY FINANCING PLAN REQUIRED. Before

designating a development zone, the board must prepare a

preliminary financing plan for the zone that includes:

(1) estimated project costs, including administrative

expenses;

(2) a description of the kind, number, and location of

all proposed improvement projects in the zone;

(3) the estimated amount of:

(A) bonded indebtedness to be incurred; or

(B) the financial obligation of any other

contractual obligation to be incurred;

(4) a description of the methods of financing and

expected sources of revenue to pay for the costs of proposed

improvement projects; and

(5) the projected duration of the zone.

Sec. 3846.255. RESTRICTION ON DEVELOPMENT ZONE IN

RESIDENTIAL AREA. A development zone may not be created if more

than 10 percent of the property in the proposed zone, other than

property that is publicly owned, is used or planned for use for

residential purposes. For purposes of this section, property is

used for residential purposes if the property is occupied by a house

that has fewer than five living units.

Sec. 3846.256. RESOLUTION REQUIRED. The resolution

designating an area as a development zone must:

(1) describe the boundaries of the zone sufficiently

to identify with reasonable certainty the territory included;

(2) provide an effective date for the creation of the

zone;

(3) provide a date for termination of the zone;

(4) assign a number to the name of the zone, which must

be "East Montgomery County Improvement District Economic

Development Zone No. ___";

(5) adopt a preliminary financing plan for the zone;

(6) provide the number of directors of the governing

body of the zone, which must be at least five; and

(7) appoint the governing body for the zone or

authorize the board to serve ex officio as the governing body of the

zone.

Sec. 3846.257. CONFIRMATION ELECTION REQUIRED. Upon

approval by the board of a resolution designating an area as a

development zone, the district shall call a confirmation election

to confirm the establishment of the zone in the manner prescribed by

Section 49.102, Water Code.

Sec. 3846.258. DEVELOPMENT ZONE GOVERNING BODY. (a) A

member of the governing body who is not a district director shall be

appointed for a term of two years, except that the appointment of

the initial members of the governing body may provide for some terms

to be limited to one year in order to achieve staggered terms of

office. A member who is also a district director shall serve a term

concurrent with the director's term on the district board.

(b) The district by appointment shall fill a vacancy on the

governing body of the zone for the unexpired portion of the term.

age, a citizen of the state, and a person described by Section

3846.053(b).

(d) A member of the board of directors of the district may be

appointed to the governing body.

(e) Each member must qualify for office by subscribing to

the constitutional oath of office for public officers and

furnishing a fidelity bond issued by a responsible surety in the

amount of $10,000 in favor of the development zone to secure

faithful performance of the member's duties.

Sec. 3846.259. ORGANIZATIONAL MEETING OF DEVELOPMENT ZONE

GOVERNING BODY; OFFICERS. (a) Following appointment and

qualification, the governing body of the development zone shall

meet and organize by electing a president, a vice president, a

secretary-treasurer, and other officers the governing body

considers appropriate.

(b) If the governing body of the development zone is

composed entirely of directors of the district, each director of

the development zone holds the same office the director holds as a

director of the district.

Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries

of a development zone may be reduced or enlarged in the manner

provided by this subchapter for creation of a zone, except that the

boundaries may not be reduced to less than 25 contiguous acres. A

confirmation election is not required for an enlargement if:

(1) all landowners of the area proposed to be added

consent to the enlargement and the tax authorization in the zone;

and

(2) the enlarged area does not have any registered

voters who reside in the area.

Sec. 3846.261. PROJECT PLAN AND DEVELOPMENT ZONE FINANCING

PLAN REQUIRED. Subject to approval by resolution of the district

board, the governing body shall prepare and adopt, and may amend, a

project plan and a development zone financing plan for the

development zone.

Sec. 3846.262. FINANCING AND IMPLEMENTATION OF DEVELOPMENT

ZONE PROJECT PLAN. The governing body of a development zone may

exercise, or by order may delegate to the district, any powers and

duties relating to the financing and implementation of the project

plan for the zone, including the power and authority to:

(1) issue bonds or notes in the name of the zone in the

same manner as Chapter 375, Local Government Code, provides for a

municipal management district;

(2) impose an ad valorem tax, assessment, or other

charge in the zone, in the same manner as Chapter 375, Local

Government Code, provides for a municipal management district, and

as authorized by Section 3846.265 if the ad valorem tax has been

approved by the voters in the development zone at an election held

for that purpose; and

(3) impose a sales and use tax, as authorized by

Section 3846.264, if the sales and use tax has been approved by the

voters in the development zone at an election held for that purpose.

Sec. 3846.263. AGREEMENTS TO IMPLEMENT PLANS. (a) The

board and the governing body each may enter into any agreement

considered necessary or convenient to implement a project plan and

development zone financing plan and achieve their purposes.

(b) An agreement may provide for the regulation or

restriction of the use of land by imposing conditions,

restrictions, or covenants that run with the land.

the governing body continues in effect after the termination of the

development zone.

(d) The district and the development zone may agree that the

district will provide administration, management, investment,

accounting, and other services for the zone in consideration for an

administrative fee not to exceed five percent of the gross revenue

of the development zone and for the benefits received by the

district through the implementation of the project plan for the

zone. The district may pledge all or part of the proceeds of its

sales and use tax to secure and pay any bonds or other financial

obligations of a development zone on approval of the board subject

to Section 3846.164.

Sec. 3846.264. DEVELOPMENT ZONE SALES AND USE TAX. (a) If

approved at an election by a majority of the voters in the

development zone voting in an election held for that purpose, the

governing body may adopt or repeal a sales and use tax of not more

than two percent less the amount of the sales and use tax approved

by the district voters under Section 3846.151.

(b) An election on the adoption or repeal of the maximum

rate of sales and use tax may be held by the governing body as

provided by Section 3846.152 as applied to a development zone.

this section may be held in conjunction with the confirmation

election described by Section 3846.257.

(d) After adoption at an election, the governing body may

impose any portion of the sales and use tax, in increments of not

less than one-eighth of one percent, for the benefit of the zone, by

order of the governing body.

(e) The sales and use tax is in addition to the limited sales

and use tax authorized and imposed by the district under Section

3846.151.

(f) If a political subdivision, including a municipality,

imposes a sales and use tax in the development zone, the sales and

use tax authorized by this section is reduced as of the date the

development zone authorized the sales and use tax so that the

combined total of all local sales and use taxes imposed in the

development zone does not exceed two percent.

(g) The sales and use tax becomes effective on the first day

of the calendar quarter following the date the comptroller receives

written notice of the imposition of the tax.

Sec. 3846.265. DEVELOPMENT ZONE PROPERTY TAX. (a) If

approved at an election by a majority of the voters in the

development zone voting in an election held for that purpose, the

governing body may authorize a tax on all taxable property in a

development zone created wholly or partly in the boundaries of East

Montgomery County Utility District No. 5, 6, or 7, or Valley Ranch

Municipal Utility District No. 1 at a rate not to exceed 10 cents on

each $100 valuation as determined by the Montgomery County

Appraisal District.

(b) The election may be held in conjunction with the

confirmation election held under Section 3846.257.

SECTION 21.037. Chapter 3846, Special District Local Laws

Code, is amended to conform to Section 11, Chapter 950, Acts of the

80th Legislature, Regular Session, 2007, by adding Subchapter G to

read as follows:

SUBCHAPTER G. COMMUNITY VENUES

Sec. 3846.301. VENUE PROJECTS AUTHORIZED. (a) The

district by resolution may provide for the planning, acquisition,

establishment, development, construction, or renovation of a venue

project.

(b) The resolution must designate each venue project and

each method of financing authorized by this chapter that the

district intends to use to finance a project. A resolution may

designate more than one method of financing.

person to plan, acquire, establish, develop, construct, or renovate

a venue project.

Sec. 3846.302. VENUE PROJECT FUND. (a) The district shall

establish by resolution a fund known as the community venue project

fund. The district shall establish separate accounts in the fund

for the various revenue sources.

(b) The district shall deposit into the community venue

project fund:

(1) the proceeds of any tax imposed by the district

under Subchapters H and I;

(2) all revenue from the sale of bonds or other

obligations by the district under this chapter; and

(3) any other money required by law to be deposited in

the fund.

project fund to:

(1) reimburse or pay the costs of planning, acquiring,

establishing, developing, constructing, or renovating one or more

venue projects in the district;

(2) pay the principal of, interest on, and other costs

relating to bonds or other obligations issued by the district to

refund bonds, notes, or other obligations;

(3) pay the costs of operating or maintaining one or

more venue projects; or

(4) pay the administrative costs of the district

associated with the operation and administration of one or more

venue projects.

(d) Money deposited into the community venue project fund is

the property of the district.

Sec. 3846.303. BONDS AND OTHER OBLIGATIONS FOR VENUE

PROJECTS. The district may issue bonds, including revenue bonds

and refunding bonds, or other obligations to pay the costs of the

venue project.

SECTION 21.038. Chapter 3846, Special District Local Laws

Code, is amended to conform to Section 12, Chapter 950, Acts of the

80th Legislature, Regular Session, 2007, by adding Subchapter H to

read as follows:

SUBCHAPTER H. EVENT ADMISSIONS TAX

Sec. 3846.351. EVENT ADMISSIONS TAX AUTHORIZED. (a) The

district by order may impose a tax on each ticket sold as admission

to an event held at a venue project in the district for which the

district has issued bonds or undertaken a contractual obligation to

reimburse costs expended to plan, acquire, establish, develop,

construct, or renovate the venue project.

(b) The district may not impose the tax for admission to an

event at a venue that is not a community venue project or for which

the district has not issued bonds or entered into a contractual

obligation to reimburse costs expended to plan, acquire, establish,

develop, construct, or renovate the venue project.

is or will be located in the district.

Sec. 3846.352. EVENT ADMISSIONS TAX RATE. (a) The tax

authorized by this subchapter is imposed at the tax rate on each

ticket sold as admission to an event held at a venue.

(b) The amount of the tax may be imposed at any uniform

percentage not to exceed 10 percent of the price of the ticket sold

as admission to an event held at a venue.

the rate of the tax.

Sec. 3846.353. COLLECTION OF EVENT ADMISSIONS TAX.

(a) The district by order may require the owner or lessee of a

venue project in the district to collect a tax imposed under this

subchapter for the benefit of the district.

(b) An owner or lessee required to collect the tax shall add

the tax to the admissions price, and the tax is a part of the

admissions price, a debt owed to the owner or lessee of a venue

project by the person admitted, and recoverable at law in the same

manner as the admissions price.

send the taxes to the district as provided by the district.

(d) The district by order may prescribe penalties,

including interest charges, for failure to keep records required by

the district, to report when required, or to pay the tax when due.

The district may bring suit against a person who fails to collect

the tax and to pay it over to the district as required.

(e) The district by order may permit a person who is

required to collect the tax to retain a percentage of the amount

collected and required to be reported as reimbursement to the

person for the costs of collecting the tax. The district may

provide that the person may retain the amount only if the person

pays the tax and files reports as required by the district.

(f) The tax is not an occupation tax imposed on the owner or

lessee of the venue project.

Sec. 3846.354. EFFECTIVE DATE AND ENDING DATE OF EVENT

ADMISSIONS TAX. (a) A tax imposed under this subchapter or a

change in the rate of the tax takes effect on the date prescribed by

the order imposing the tax or changing the rate.

(b) Except as provided by Subsection (c), the district may

impose the tax only if the district issues bonds or enters into a

contractual obligation under Subchapter G.

financial obligations have been fulfilled if the tax revenue is

used as authorized by Section 3846.004(e) or 3846.302(c).

SECTION 21.039. Chapter 3846, Special District Local Laws

Code, is amended to conform to Section 13, Chapter 950, Acts of the

80th Legislature, Regular Session, 2007, by adding Subchapter I to

read as follows:

SUBCHAPTER I. EVENT PARKING TAX

Sec. 3846.401. EVENT PARKING TAX AUTHORIZED. (a) The

district by order may impose a tax on each motor vehicle parking in

a parking facility of a community venue project.

(b) The district may impose the tax during any time the

parking facility is being used.

Sec. 3846.402. EVENT PARKING TAX RATE. (a) The district

by order may provide that the tax authorized by this subchapter is

imposed at a flat amount on each parked motor vehicle or is imposed

as a percentage of the amount charged for event parking by the owner

or lessee of the parking facility.

(b) Regardless of the method of imposition, the amount of

the tax may not exceed the amount allowed by Section 334.202(b),

Local Government Code.

the rate of the tax.

Sec. 3846.403. COLLECTION OF EVENT PARKING TAX. (a) The

district by order may require the owner or lessee of a parking

facility to collect a tax imposed under this subchapter for the

benefit of the district.

(b) An owner or lessee required to collect the tax shall add

the tax to the parking charge, and the tax is a part of the parking

charge, a debt owed to the parking facility owner or lessee by the

person parking, and recoverable at law in the same manner as the

parking charge.

send the taxes to the district as provided by the district.

(d) The district by order may prescribe penalties,

including interest charges, for failure to keep records required by

the district, to report when required, or to pay the tax when due.

The district may bring suit against a person who fails to collect

the tax and to pay it over to the district as required.

(e) The district by order may permit a person who is

required to collect the tax to retain a percentage of the amount

collected and required to be reported as reimbursement to the

person for the costs of collecting the tax. The district may

provide that the person may retain the amount only if the person

pays the tax and files reports as required by the district.

(f) The tax is not an occupation tax imposed on the owner or

lessee of the parking facility.

Sec. 3846.404. EFFECTIVE DATE AND ENDING DATE OF EVENT

PARKING TAX. (a) A tax imposed under this subchapter or a change

in the rate of the tax takes effect on the date prescribed by the

order imposing the tax or changing the rate.

(b) Except as provided by Subsection (c), the district may

impose the tax only if the district issues bonds or enters into

other contractual obligations under Subchapter G.

financial obligations have been fulfilled if the tax revenue is

used as authorized by Section 3846.004(e) or 3846.302(c).

SECTION 21.040. Chapter 3846, Special District Local Laws

Code, is amended to conform to Sections 7 and 8, Chapter 950, Acts

of the 80th Legislature, Regular Session, 2007, by adding

Subchapter J to read as follows:

SUBCHAPTER J. HOTEL OCCUPANCY TAX

Sec. 3846.451. DEFINITION. In this subchapter, "hotel" has

the meaning assigned by Section 156.001, Tax Code.

Sec. 3846.452. APPLICABILITY OF CERTAIN TAX CODE

PROVISIONS. (a) Chapter 352, Tax Code, governs a hotel occupancy

tax authorized by this subchapter, including the collection of the

tax.

(b) For purposes of this subchapter, a reference:

(1) in Subchapter B, Chapter 351, Tax Code, to a

municipality is a reference to the district and a reference to the

municipality's officers or governing body is a reference to the

board; and

(2) in Subchapter A or B, Chapter 352, Tax Code, to a

county is a reference to the district and a reference to the

county's officers or governing body is a reference to the board.

Sec. 3846.453. HOTEL OCCUPANCY TAX AUTHORIZED. The board

by order may impose, repeal, increase, or decrease the rate of a tax

on a person who, under a lease, concession, permit, right of access,

license, contract, or agreement, pays for the use or possession or

for the right to the use or possession of a room that:

(1) is in a hotel located wholly or partly in the

district;

(2) costs $2 or more each day; and

(3) is ordinarily used for sleeping.

Sec. 3846.454. LIMITATION ON HOTEL OCCUPANCY TAX RATE. The

tax rate may not exceed the maximum rate allowed under Section

352.003, Tax Code.

Sec. 3846.455. USE OF HOTEL OCCUPANCY TAX. (a) The

district may use the proceeds from a hotel occupancy tax imposed

under this subchapter for any district purpose and for any purpose

described by Section 351.101 or 352.1015, Tax Code, to the extent

the board considers appropriate.

(b) During each interval of three calendar years following

the date on which the tax is initially collected, the board may not

apply an annual average of more than 10 percent of the amount of tax

collected, excluding any interest earnings or investment profits

and after a deduction for the costs of imposing and collecting the

taxes, for the administrative expenses of the district or a

district purpose other than the costs of:

(1) advertising and promoting tourism;

(2) business development and commerce, including the

costs of planning, designing, constructing, acquiring, leasing,

financing, owning, operating, maintaining, managing, improving,

repairing, rehabilitating, or reconstructing improvement projects

for:

(A) conferences, conventions, and exhibitions;

(B) manufacturer, consumer, or trade shows; and

(3) encouraging and promoting the arts, including

instrumental and vocal music, dance, drama, folk art, creative

writing, architecture, design and related fields, painting,

sculpture, photography, graphic arts and crafts, motion pictures,

radio, television, tape and sound recording, and other arts related

to the presentation, performance, execution, and exhibition of

these major art forms;

(4) historical restoration and preservation projects;

and

(5) activities, advertising, solicitations, and

promotional programs to encourage tourists to visit preserved

historic sites or museums.

Sec. 3846.456. EXEMPTION FROM HOTEL OCCUPANCY TAX. This

subchapter does not apply to a hotel located wholly or partly in the

city of Splendora as the boundaries of that city existed on April 1,

2007.

SECTION 21.041. Section 3848.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING

CORPORATION POWERS OF DISTRICT. The district may exercise the

powers given to:

(1) a corporation under Chapter 505, Local Government

Code [~~Section 4B, Development Corporation Act of 1979 (Article~~

~~5190.6, Vernon's Texas Civil Statutes)~~], including the power to

own, operate, acquire, construct, lease, improve, and maintain the

projects described by that chapter [~~section~~]; and

(2) a housing finance corporation under Chapter 394,

Local Government Code, to provide housing or residential

development projects in the district.

SECTION 21.042. Section 3849.102, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3849.102. EXERCISE OF POWERS OF OTHER GOVERNMENTAL

ENTITIES. The district has the powers of:

(1) a corporation created under Chapter 505, Local

Government Code [~~Section 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~], including the

power to own, operate, acquire, construct, lease, improve, and

maintain projects described by that chapter [~~section~~]; and

(2) a housing finance corporation created under

Chapter 394, Local Government Code.

SECTION 21.043. Section 3850.157, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3850.157. PUBLIC IMPROVEMENT DISTRICT ASSESSMENTS. An

assessment levied in the district for a public improvement district

under Subchapter A, Chapter 372, Local Government Code, or Chapter

382, Local Government Code, may be used only under the terms for

which the assessment was levied. Money raised by an assessment in

the public improvement district under that chapter must be used in

the public improvement district, and may not be transferred for use

outside the area for which the assessment was originally levied.

SECTION 21.044. Section 3851.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties provided by:

(1) the general laws relating to conservation and

reclamation districts created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 54, Water Code;

(2) the general laws relating to road districts and

road utility districts created under Section 52(b), Article III,

Texas Constitution, including Chapter 441, Transportation Code;

(3) Subchapter A, Chapter 372, Local Government Code,

in the same manner as a municipality or a county; and

(4) Chapters [~~Chapter~~] 375 and 505, Local Government

Code[~~; and~~

[~~(5)~~ ~~Section 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~].

SECTION 21.045. Section 3856.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3856.101. ADDITIONAL POWERS OF DISTRICT. The district

may exercise the powers given to:

(1) a corporation created under Chapter 505, Local

Government Code [~~Section 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~], including the

power to own, operate, acquire, construct, lease, improve, and

maintain projects described by that chapter [~~section~~];

(2) a housing finance corporation created under

Chapter 394, Local Government Code, to provide housing or

residential development projects in the district;

(3) a road utility district under Chapter 441,

Transportation Code;

(4) a navigation district under Subchapters E and M,

Chapter 60, Water Code; and

(5) a navigation district under Section 61.116, Water

Code.

SECTION 21.046. Section 3859.101, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3859.101. DISTRICT POWERS. The district has:

(1) all powers necessary to accomplish the purposes

for which the district was created;

(2) the rights, powers, privileges, authority, and

functions of a district created under Chapter 375, Local Government

Code;

(3) the powers, duties, and contracting authority

specified by Subchapters H and I, Chapter 49, Water Code;

(4) the powers given to a corporation under Chapter

505, Local Government Code [~~Section 4B, Development Corporation Act~~

~~of 1979 (Article 5190.6, Vernon's Texas Civil Statutes)~~], including

the power to own, operate, acquire, construct, lease, improve, and

maintain the projects described by that chapter [~~section~~]; and

(5) the powers of a housing finance corporation

created under Chapter 394, Local Government Code.

SECTION 21.047. Section 3860.102, Special District Local

Laws Code, is amended to correct references to read as follows:

Sec. 3860.102. DEVELOPMENT CORPORATION AND HOUSING

CORPORATION POWERS OF DISTRICT. The district may exercise the

powers given to:

(1) a corporation under Chapter 505, Local Government

Code [~~Section 4B, Development Corporation Act of 1979 (Article~~

~~5190.6, Vernon's Texas Civil Statutes)~~], including the power to

own, operate, acquire, construct, lease, improve, and maintain the

projects described by that chapter [~~section~~]; and

(2) a housing finance corporation under Chapter 394,

Local Government Code, to provide housing or residential

development projects in the district.

SECTION 21.048. Section 3861.101, Special District Local

Laws Code, is amended to correct a reference to read as follows:

Sec. 3861.101. GENERAL POWERS AND DUTIES. The district has

the powers and duties provided by:

(1) the general laws relating to conservation and

reclamation districts created under Section 59, Article XVI, Texas

Constitution, including Chapters 49 and 54, Water Code, except that

the district's bonds and other securities are not subject to the

jurisdiction or supervision of the Texas Commission on

Environmental Quality under Chapter 49, Water Code, or other law;

(2) the general laws relating to road districts and

road utility districts created under Section 52(b), Article III,

Texas Constitution, including Chapter 441, Transportation Code;

(3) Subchapter A, Chapter 372, Local Government Code,

in the same manner as a municipality or a county; and

(4) Chapters [~~Chapter~~] 375 and 505, Local Government

Code[~~; and~~

[~~(5)~~ ~~Section 4B, Development Corporation Act of 1979~~

~~(Article 5190.6, Vernon's Texas Civil Statutes)~~].

SECTION 21.049. The heading to Chapter 5002, Special

District Local Laws Code, is amended to conform to Chapter 2, Acts

of the 80th Legislature, Regular Session, 2007, to read as follows:

CHAPTER 5002. PORT FREEPORT [~~BRAZOS RIVER HARBOR NAVIGATION~~

~~DISTRICT OF BRAZORIA COUNTY~~]

SECTION 21.050. Section 5002.001, Special District Local

Laws Code, is amended to conform to Chapter 2, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5002.001. DEFINITIONS. In this chapter:

(1) "Board" means the port commission [~~board of~~

~~navigation and canal commissioners~~] of the district.

(2) "Commissioner" means a port commission [~~board~~]

member.

(3) "District" means Port Freeport [~~the Brazos River~~

~~Harbor Navigation District of Brazoria County~~].

SECTION 21.051. The heading to Section 5002.051, Special

District Local Laws Code, is amended to conform to Chapter 2, Acts

of the 80th Legislature, Regular Session, 2007, to read as follows:

Sec. 5002.051. PORT COMMISSION [~~BOARD OF COMMISSIONERS~~];

TERM; ELECTION.

SECTION 21.052. The heading to Chapter 5003, Special

District Local Laws Code, is amended to conform to Chapter 379, Acts

of the 80th Legislature, Regular Session, 2007, to read as follows:

CHAPTER 5003. CALHOUN PORT AUTHORITY [~~COUNTY NAVIGATION DISTRICT~~]

SECTION 21.053. Sections 5003.001(1) and (3), Special

District Local Laws Code, are amended to conform to Chapter 379,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(1) "Board" means the board of navigation

commissioners of the port authority [~~district~~].

(3) "Port authority [~~District~~]" means the Calhoun Port

Authority [~~County Navigation District~~].

SECTION 21.054. Section 5003.002, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.002. NATURE AND PURPOSE OF PORT AUTHORITY

[~~DISTRICT~~]. The port authority [~~district~~] is a navigation

district. To the extent authorized by this chapter, the port

authority [~~district~~] is created to:

(1) improve navigation in the port authority

[~~district~~]; and

(2) maintain, develop, extend, and improve port

facilities and wharf and dock facilities in the port authority

[~~district~~].

SECTION 21.055. Section 5003.003, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.003. LEGISLATIVE FINDINGS. (a) The creation of

the port authority [~~district~~] is essential:

(1) to accomplish the purposes of Section 59, Article

XVI, Texas Constitution;

(2) to the general welfare of this state; and

(3) for the development of marine shipping.

(b) All property in the port authority [~~district~~] benefits

from the creation of the port authority [~~district~~] by the

improvements to be constructed or acquired by the port authority

[~~district~~] in carrying out the port authority's [~~district's~~]

purposes.

SECTION 21.056. Section 5003.004, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.004. PORT AUTHORITY [~~DISTRICT~~] TERRITORY. The

port authority [~~district~~] is composed of all the territory of

Calhoun County, including all land and water areas of the county:

(1) except for territory included in the West Side

Calhoun County Navigation District as described in Volume H, pages

568-570, of the minutes of the Commissioners Court of Calhoun

County; and

(2) as that territory may have been modified under:

(A) Section 3 or Section 3a, Chapter 103, Acts of

the 41st Legislature, 1st Called Session, 1929 (Article 8263a,

Vernon's Texas Civil Statutes), before August 30, 1971;

(B) Subchapter H, Chapter 62, Water Code; or

SECTION 21.057. The heading to Subchapter B, Chapter 5003,

Special District Local Laws Code, is amended to conform to Chapter

379, Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

SUBCHAPTER B. PORT AUTHORITY [~~DISTRICT~~] ADMINISTRATION

SECTION 21.058. Section 5003.051, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.051. BOARD OF NAVIGATION COMMISSIONERS. The port

authority [~~district~~] is governed by a board of six commissioners.

SECTION 21.059. Sections 5003.052(a) and (b), Special

District Local Laws Code, are amended to conform to Chapter 379,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(a) The board shall from time to time divide the port

authority [~~district~~] into six navigation commissioner precincts

that are:

(1) compact and contiguous; and

(2) as nearly as practicable, of equal population.

(b) The board shall complete any division of the port

authority [~~district~~] into new precincts not later than the 90th day

before the date of the first election of commissioners from those

precincts.

SECTION 21.060. Section 5003.053(a), Special District

Local Laws Code, is amended to conform to Chapter 379, Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

(a) The six commissioners elected at the first election

after a division of the port authority [~~district~~] into new

precincts under Section 5003.052 shall draw lots after the election

to select three commissioners to serve two-year terms and three

commissioners to serve four-year terms. Successor commissioners

serve terms as provided by Subsection (b).

SECTION 21.061. Section 5003.055(c), Special District

Local Laws Code, is amended to conform to Chapter 379, Acts of the

80th Legislature, Regular Session, 2007, to read as follows:

public welfare, general benefit, and the assurance of proper

development of marine shipping that:

(1) the commissioners be representatives of all areas

of the port authority [~~district~~]; and

(2) if a commissioner no longer resides in the

precinct from which elected, the commissioner's office is vacant.

SECTION 21.062. Section 5003.101, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.101. GENERAL NAVIGATION DISTRICT POWERS. The

port authority [~~district~~] and the board, except as specifically

restricted by this chapter, have the powers of government and may

exercise the rights, powers, duties, privileges, and functions

conferred by Chapter 60, 61, 62, or 63, Water Code, on a navigation

district created under Section 59, Article XVI, Texas Constitution,

that are appropriate to the accomplishment of the purposes stated

in Subchapter A.

SECTION 21.063. Sections 5003.102(a), (b), and (c), Special

District Local Laws Code, are amended to conform to Chapter 379,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(a) If authorized by a majority vote of the port authority

[~~district~~] voters voting at an election held in the manner provided

for a bond election under Subchapter F, Chapter 62, Water Code, the

Commissioners Court of Calhoun County may:

(1) impose maintenance taxes; or

(2) issue tax bonds and impose taxes to pay for the

bonds.

(b) The commissioners court shall impose the tax for:

(1) the maintenance of the port authority [~~district~~]

and its property, including facilities; and

(2) the payment of the principal of and interest on all

bonds or other indebtedness issued by the port authority

[~~district~~].

indebtedness purposes may not exceed a total of 15 cents on each

$100 of taxable property in the port authority [~~district~~].

SECTION 21.064. Section 5003.103, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.103. CHANGE OF PORT AUTHORITY [~~DISTRICT~~] NOT

AUTHORIZED. The board may not by a vote change the port authority

[~~district~~] from a navigation district to any other type of district

authorized by general law.

SECTION 21.065. Section 5003.104, Special District Local

Laws Code, is amended to conform to Chapter 379, Acts of the 80th

Legislature, Regular Session, 2007, to read as follows:

Sec. 5003.104. LIMIT ON EMINENT DOMAIN POWER. The port

authority [~~district~~] may not exercise the power of eminent domain

outside Calhoun County in an area in another navigation district

without the consent of the other district.

SECTION 21.066. Sections 5003.105(a) and (e), Special

District Local Laws Code, are amended to conform to Chapter 379,

Acts of the 80th Legislature, Regular Session, 2007, to read as

follows:

(a) The board may adopt an order or resolution designating

an area of land in the port authority [~~district~~] that fronts on

navigable water in the port authority [~~district~~] as an industrial

area or plant site for the aid of navigation. A defined area may

not:

(1) be located in the corporate limits of a

municipality; or

(2) exceed 1,000 yards in depth as measured from the

shoreline.

(e) The legislature finds that the powers granted and

restrictions imposed by this section are necessary:

(1) for the proper exercise by the port authority

[~~district~~] of the powers granted by Section 59, Article XVI, Texas

Constitution, and by this chapter; and

(2) to promote and effect the navigation of the inland

and coastal waters of the state.

SECTION 21.067. Section 6603.102, Special District Local

Laws Code, is amended to conform to Chapter 1151, Acts of the 80th

Legislature, Regular Session, 2007, by amending Subsection (g) and

adding Subsection (j) to read as follows:

(g) This section does not apply to[:

[~~(1)~~] agricultural activity[~~; or~~

[~~(2)~~ ~~any other activity that does not create an~~

~~aggregate impervious area of more than one acre~~].

(j) The district may adopt rules to exempt from the

requirements of this section a drainage facility or improvement on

or to serve a tract of land in the district if the facility or

improvement does not create an aggregate impervious area of more

than one acre.

SECTION 21.068. The heading to Section 8154.101, Special

District Local Laws Code, is amended to correct a typographical

error to read as follows:

Sec. 8154.101. MUNICIPAL [~~MUNICIPALITY~~] UTILITY DISTRICT

POWERS AND DUTIES.

SECTION 21.069. The heading to Chapter 8156, Special

District Local Laws Code, is amended to update the district's name

to read as follows:

CHAPTER 8156. PASEO DEL ESTE MUNICIPAL UTILITY

DISTRICT NO. 11 OF EL PASO COUNTY [~~EL PASO COUNTY~~

~~MUNICIPAL UTILITY DISTRICT NO. 2~~]

SECTION 21.070. Section 8156.001, Special District Local

Laws Code, is amended to update the district's name to read as

follows:

Sec. 8156.001. DEFINITION. In this chapter, "district"

means Paseo del Este Municipal Utility District No. 11 of El Paso

County [~~El Paso County Municipal Utility District No. 2~~].

SECTION 21.071. Section 8248.102, Special District Local

Laws Code, as added by Chapters 1003 and 1142, Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

Sec. 8248.102. ANNEXATION. The district or any new

district created by the division of the district may not annex the

property of a landowner before obtaining written consent from the

landowner. The annexation of the property must be completed by the

district not later than one year after the district's receipt of the

landowner's written consent. A landowner may revoke the

landowner's consent to annexation before annexation by notifying

the district in writing that the consent is revoked. A landowner's

petition for annexation that meets the requirements of Chapter 49

or 54, Water Code, shall be considered as the landowner's written

consent for the purposes of this section.

SECTION 21.072. Section 8183.001(2), Special District

Local Laws Code, is repealed because the term defined by that

section is not used in the chapter.

SECTION 21.073. Section 8199.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8199.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.074. Section 8206.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8206.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.075. Section 8210.152(a), Special District

Local Laws Code, as added by Chapter 582, Acts of the 80th

Legislature, Regular Session, 2007, is amended to correct a

reference to read as follows:

(a) If authorized at an election held under Section

8210.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.076. Section 8211.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8211.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.077. Section 8212.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8212.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.078. Section 8216.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8216.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.079. Section 8218.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8218.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.080. Section 8221.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8221.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.081. Section 8222.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8222.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.082. Section 8232.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8232.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.083. Section 8233.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8233.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.084. Section 8241.152(a), Special District

Local Laws Code, is amended to correct a reference to read as

follows:

(a) If authorized at an election held under Section

8241.151, the district may impose an operation and maintenance tax

on taxable property in the district as provided by Section

[~~Chapter~~] 49.107, Water Code.

SECTION 21.085. Section 9011.104(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 petition must be:

(1) signed by at least 10 residents of the district who

are registered voters; and

(2) presented to the secretary not later than the 11th

day before the date of the election.

SECTION 21.086. Section 27G(f), Chapter 306, Acts of the

49th Legislature, Regular Session, 1945, is amended to correct a

typographical error to read as follows:

(f) On completion of the evaluation, the commission may

issue orders compelling any appropriate and necessary actions by

the District under Chapter 49, Water Code, and the commission's

rules regulating retail public utilities. If the commission finds

that the District is incapable of operating the utility in a manner

that provides adequate water service to current and future

customers, the commission may include, in the final evaluation, a

recommendation that the oversight committee consider the option of

initiating the process of receivership appointment to operate the

utility under Section 13.412 [~~13.142~~], Water Code.

PART B. CNP UTILITY DISTRICT

SECTION 21.101. Chapter 9013, Special District Local Laws

Code, is transferred to Subtitle F, Title 6, of that code,

redesignated as Chapter 8270 of that code, and amended to read as

follows:

CHAPTER 8270 [~~9013~~]. CNP UTILITY DISTRICT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 8270.001 [~~9013.001~~]. DEFINITIONS. In this chapter:

(1) "Board" means the board of directors of the

district.

(2) "District" means the CNP Utility District.

Sec. 8270.002 [~~9013.002~~]. NATURE OF DISTRICT. The district

is a municipal utility district and a conservation and reclamation

district in Harris County created under Section 59, Article XVI,

Texas Constitution.

Sec. 8270.003 [~~9013.003~~]. FINDINGS OF BENEFIT AND PUBLIC

PURPOSE. (a) The district is created to serve a public use and

benefit.

(b) All land and other property included in the boundaries

of the district will benefit from the works and projects

accomplished by the district under the powers conferred by Section

59, Article XVI, Texas Constitution.

the purposes of Section 59, Article XVI, Texas Constitution.

(d) The accomplishment of the purposes stated in this

chapter is for the benefit of the people of this state and for the

improvement of their property and industries. The district, in

carrying out the purposes of this chapter, will be performing an

essential public function under the constitution.

Sec. 8270.004. STATE POLICY REGARDING WASTE DISPOSAL. The

district's powers and duties are subject to the state policy of

encouraging the development and use of integrated area-wide waste

collection, treatment, and disposal systems to serve the waste

disposal needs of this state's residents, if integrated systems can

reasonably be provided for an area, so as to avoid the economic

burden on residents and the effect on state water quality caused by

the construction and operation of numerous small waste collection,

treatment, and disposal facilities.

[Sections 8270.005-8270.050 reserved for expansion]

SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT

TERRITORY

Sec. 8270.051 [~~9013.051~~]. DISTRICT TERRITORY. (a) The

district is composed of the territory described by Section 2,

Chapter 751, Acts of the 61st Legislature, Regular Session, 1969,

as that territory may have been modified under:

(1) Subchapter H, Chapter 54 [~~Subchapter O, Chapter~~

51], Water Code;

(2) Subchapter J, Chapter 49, Water Code; [or]

(3) Section 9, Chapter 751, Acts of the 61st

Legislature, Regular Session, 1969; or

(4) other law.

(b) The boundaries and field notes of the district form a

closure. A mistake in the field notes or in copying the field notes

in the legislative process does not affect:

(1) the district's organization, existence, and

validity;

(2) the district's right to issue any type of bond for

a purpose for which the district is created or to pay the principal

of and interest on the bond;

(3) the district's right to impose a tax; or

(4) the legality or operation of the district or the

board.

Sec. 8270.052 [~~9013.052~~]. EXPANSION OF DISTRICT. (a) If

land is added to the district under Section 49.301 [~~or 51.714~~],

Water Code, the board may require the petitioners:

(1) to assume the petitioners' pro rata share of the

voted but unissued bonds of the district; and

(2) to authorize the board to impose a tax on the

petitioners' property to pay for the bonds after the bonds have been

issued.

(b) If land is annexed in the manner provided by Section

49.302, Water Code, the board may also submit a proposition to the

voters of the area to be annexed on the question of the assumption

by the area to be annexed of its part of the voted but not yet issued

or sold tax or tax-revenue bonds of the district and the imposition

of an ad valorem tax on taxable property within the area to be

annexed along with a tax on the rest of the district for the payment

of the bonds.

favorably, the district may issue its voted but unissued tax or

tax-revenue bonds regardless of changes to district boundaries

since the original voting or authorization of the bonds.

[Sections 8270.053-8270.100 reserved for expansion]

SUBCHAPTER C. DISTRICT ADMINISTRATION

Sec. 8270.101 [~~9013.101~~]. COMPOSITION OF BOARD. The board

consists of five elected directors.

Sec. 8270.102 [~~9013.102~~]. DIRECTOR'S BOND. [~~(a)~~] Each

director shall give bond in the amount of $5,000 for the faithful

performance of the director's duties.

[~~(b) The bond must be:~~

[~~(1) approved by the county judge and the board;~~

[~~(2)~~ ~~filed in the office of the county clerk of the~~

~~county or counties in which the district is located; and~~

[~~(3)~~ ~~recorded in a record book kept for that purpose in~~

~~the district office.~~

[~~Sec.~~ ~~9013.103.~~ ~~VACANCY. (a)~~ ~~Except as provided by~~

~~Subsection (b), a vacancy in the office of director shall be filled~~

~~in the manner provided by Section 49.105, Water Code.~~

[~~(b)~~ ~~The county judge of the county in which the district is~~

~~located shall appoint directors to fill all vacancies on the board~~

~~whenever the number of qualified directors is fewer than three.~~]

Sec. 8270.103 [~~9013.104~~]. DISTRICT OFFICE. (a) Except as

provided by this section, the board shall designate, establish, and

maintain a district office as provided by Section 49.062, Water

Code.

(b) The board may establish a second district office outside

the district. If the board establishes a second district office,

the board shall give notice of the location of that office by:

(1) filing a copy of the board resolution that

establishes the location of the office:

(A) with the Texas Commission on Environmental

Quality; and

(B) in the municipal utility [~~water control and~~

~~improvement~~] district records of each county in which the district

is located; and

(2) publishing notice of the location of the office in

a newspaper of general circulation in each county in which the

district is located.

or dwelling is a public place for matters relating to district

business.

(d) The board shall provide notice of any change in the

location of the district office outside the district in the manner

required by Subsection (b).

Sec. 8270.104 [~~9013.105~~]. ABSENCE OR INACTION OF [OF

~~PRESIDENT FROM~~] BOARD PRESIDENT [~~MEETING~~]. (a) When the board

president is absent or fails or declines to act, the board vice

president shall perform all duties and exercise all power this

chapter or general law gives the president.

(b) If the board president is absent from a board meeting:

(1) the board vice president may:

(A) sign an order adopted at the meeting; or

(B) implement any other action taken at the

meeting; or

(2) the board may authorize the president to sign the

order or implement the action.

[Sections 8270.105-8270.150 reserved for expansion]

SUBCHAPTER D. POWERS AND DUTIES

Sec. 8270.151 [~~9013.151~~]. MUNICIPAL UTILITY [~~WATER CONTROL~~

~~AND IMPROVEMENT~~] DISTRICT POWERS [~~AND DUTIES~~]. The district has

all of the rights, powers, privileges, authority, and functions

conferred and imposed by the general laws of the state relating to

municipal utility [~~water control and improvement~~] districts

created under Section 59, Article XVI, Texas Constitution,

including those conferred by Chapters 49 and 54 [51], Water Code.

Sec. 8270.152 [~~9013.152~~]. ADDITIONAL POWERS [~~AND DUTIES~~].

(a) The district may:

(1) make, purchase, construct, lease, or otherwise

acquire property, works, facilities, existing improvements, or

improvements to be made, constructed, or acquired that are:

(A) inside or outside the district's boundaries;

and

(B) necessary to carry out the powers granted by

this chapter or general law; or

(2) enter into a contract with a person on terms the

board considers desirable, fair, and advantageous for:

(A) the purchase or sale of water;

(B) the transportation, treatment, and disposal

of the domestic, industrial, or communal wastes of the district or

others;

land and property in the district through the purchase,

construction, or installation of facilities, works, or

improvements that the district is otherwise authorized to do or

perform so that, to the greatest extent reasonably possible,

considering sound engineering and economic practices, all of the

land and property may ultimately receive the services of the

facilities, works, or improvements; and

(D) the performance of any of the powers granted

by this chapter or general law.

(b) A contract under Subsection (a)(2) may not have a

duration of more than 40 years.

Sec. 8270.153 [~~9013.153~~]. EMINENT DOMAIN. The district may

exercise the power of eminent domain only:

(1) in a county in which the district is located; and

(2) when necessary to carry out the purposes for which

the district was created.

Sec. 8270.154 [~~9013.154~~]. COST OF RELOCATING OR ALTERING

PROPERTY. (a) In this section, "sole expense" means the actual

cost of relocating, raising, lowering, rerouting, or changing the

grade of or altering the construction of a facility described by

Subsection (b) in providing comparable replacement without

enhancement of the facility, after deducting from that cost the net

salvage value of the old facility.

(b) If the district's exercise of the power of eminent

domain, the power of relocation, or any other power conferred by

this chapter makes necessary relocating, raising, rerouting,

changing the grade, or altering the construction of a highway, a

railroad, an electric transmission line, a telegraph or telephone

property or facility, or a pipeline, the necessary action shall be

accomplished at the sole expense of the district.

Sec. 8270.155 [~~9013.155~~]. CONTRACT FOR PURCHASE OF WATER,

SEWER, OR DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The

district may enter into a contract with a political subdivision for

water, sewer, or drainage services or any combination of those

services without the necessity of an election by any contracting

party.

(b) The district may pay for an obligation incurred by such

a contract by issuing bonds that, if otherwise necessary, have been

approved by the voters in the manner provided by this chapter.

the following parties that enters into such a contract with the

district:

(1) the United States;

(2) an agency or instrumentality of the United States;

(3) this state; or

(4) an agency or instrumentality of this state.

Sec. 8270.156 [~~9013.156~~]. NOTICE OF ELECTION. The board

president or secretary may give notice of an election.

Sec. 8270.157 [~~9013.157~~]. DISTRICT RULES. The district

shall adopt and enforce reasonable and effective rules to secure

and maintain safe, sanitary, and adequate plumbing installations,

connections, and appurtenances as subsidiary parts of the

district's sewerage system to preserve the quality of water within

or controlled by the district.

[Sections 8270.158-8270.200 reserved for expansion]

SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS

Sec. 8270.201 [~~9013.201~~]. TAX METHOD. (a) The board shall

use the ad valorem plan of taxation.

(b) The board is not required to hold a hearing on the

adoption of a plan of taxation.

Sec. 8270.202 [~~9013.202~~]. DISTRICT ACCOUNTS. The district

shall keep a complete system of the district's accounts.

Sec. 8270.203 [~~9013.203~~]. COPY OF AUDIT REPORT. A copy of

the audit report prepared under Subchapter G, Chapter 49, Water

Code, shall be delivered:

(1) to each director; and

(2) on request to a holder of at least 25 percent of

the outstanding bonds of the district.

Sec. 8270.204 [~~9013.204~~]. PAYMENT OF TAX OR ASSESSMENT NOT

REQUIRED. The district is not required to pay a tax or assessment

on:

(1) district property; or

(2) a purchase made by the district.

Sec. 8270.205 [~~9013.205~~]. [~~DIRECTOR AS SHAREHOLDER IN~~]

DEPOSITORY. (a) The board shall select one or more banks in this

state to act as depository for the district's funds.

(b) To the extent that funds in the depository bank are not

insured by the Federal Deposit Insurance Corporation, the funds

must be secured in the manner provided by law for the security of

county funds.

district funds.

[Sections 8270.206-8270.250 reserved for expansion]

SUBCHAPTER F. BONDS

Sec. 8270.251 [~~9013.251~~]. ISSUANCE OF BONDS. (a) The

district may issue bonds payable from taxes or revenue to provide

money for any purpose of this chapter, including the acquisition of

land.

(b) The district must issue bonds in the manner provided by

Chapters 49 and 54 [51], Water Code, except that the district may

issue bonds payable solely from net revenue by resolution or order

of the board without an election.

all or any designated part of the revenue of district property and

facilities or under a specific contract, as provided in the order or

resolution authorizing the issuance of bonds.

Sec. 8270.252 [~~9013.252~~]. ADDITIONAL SECURITY.

(a) Within the discretion of the board, bonds issued under this

subchapter may be additionally secured by a deed of trust or

mortgage lien on physical property of the district and franchises,

easements, water rights and appropriation permits, leases,

contracts, and all rights appurtenant to that property, vesting in

the trustee the power to:

(1) sell the property for payment of the debt;

(2) operate the property; and

(3) take any other action to secure the bonds.

(b) A purchaser under a sale under the deed of trust or

mortgage lien of the property:

(1) is the absolute owner of the property, facilities,

and rights purchased; and

(2) may maintain and operate the property and

facilities.

Sec. 8270.253 [~~9013.253~~]. TRUST INDENTURE. A trust

indenture created under Section 8270.252 [~~9013.252~~], regardless of

the existence of a deed of trust or mortgage lien on the property,

may:

(1) provide for the security of the bonds and the

preservation of the trust estate in the manner prescribed by the

board;

(2) provide for amendment or modification of the trust

indenture;

(3) provide for the issuance of bonds to replace lost

or mutilated bonds;

(4) condition the right to spend district money or

sell district property on the approval of a licensed engineer

selected as provided by the trust indenture; and

(5) provide for the investment of district money.

Sec. 8270.254 [~~9013.254~~]. ORDER OR RESOLUTION AUTHORIZING

ISSUANCE OF CERTAIN BONDS. (a) In an order or resolution

authorizing the issuance of revenue, tax-revenue, revenue

refunding, or tax-revenue refunding bonds, the board may:

(1) provide for:

(A) the flow of funds; and

(B) the establishment and maintenance of the

interest and sinking fund, reserve fund, or other fund;

(2) make additional covenants with respect to the

bonds and the pledged revenue and the operation and maintenance of

the improvements and facilities the revenue of which is pledged,

which may include provisions for the operation or leasing of all or

part of the improvements and facilities and the use or pledge of

money received from the operation contract or lease as the board

considers appropriate;

(3) prohibit the further issuance of bonds or other

obligations payable from the pledged revenue or reserve the right

to issue additional bonds to be secured by a pledge of and payable

from the revenue on a parity with, or subordinate to, the lien and

pledge in support of the bonds being issued, subject to any

conditions set forth in the order or resolution; and

(4) include any other provision or covenant not

prohibited by the Texas Constitution or this chapter.

(b) The board may adopt and execute any other proceeding or

instrument necessary or convenient in the issuance of the bonds.

Sec. 8270.255. USE OF BOND PROCEEDS DURING CONSTRUCTION.

(a) The district may appropriate or set aside out of the proceeds

from the sale of any bonds issued under this subchapter an amount

for the payment of interest, administrative, and operating expenses

expected to accrue during a period of construction, as may be

provided in the bond orders or resolutions.

(b) For purposes of this section, the period of construction

may not exceed three years.

Sec. 8270.256. REFUNDING BONDS. (a) By order or

resolution adopted by the board, the district may issue revenue

refunding bonds or tax-revenue refunding bonds to refund revenue

bonds or tax-revenue bonds, whether original bonds or refunding

bonds, previously issued by the district.

(b) The comptroller shall register the refunding bonds on

the surrender and cancellation of the bonds to be refunded.

surrender and cancellation of the bonds to be refunded, the

district, in the order or resolution authorizing the issuance of

the refunding bonds, may provide for the sale of the refunding bonds

and the deposit of the proceeds in the place or places where the

bonds to be refunded are payable. In that case, the refunding bonds

may be issued if an amount sufficient to pay the principal of and

interest on the bonds to be refunded to their maturity dates, or to

their option dates if according to their terms the bonds have been

called for payment before maturity, has been deposited in the place

or places where the bonds to be refunded are payable, and the

comptroller shall register the refunding bonds without the

surrender and cancellation of the bonds to be refunded.

ARTICLE 22. CHANGES RELATING TO TAX CODE

SECTION 22.001. Section 11.18(d), Tax Code, as amended by

Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(d) A charitable organization must be organized exclusively

to perform religious, charitable, scientific, literary, or

educational purposes and, except as permitted by Subsections (h)

and (l), engage exclusively in performing one or more of the

following charitable functions:

(1) providing medical care without regard to the

beneficiaries' ability to pay, which in the case of a nonprofit

hospital or hospital system means providing charity care and

community benefits in accordance with Section 11.1801;

(2) providing support or relief to orphans,

delinquent, dependent, or handicapped children in need of

residential care, abused or battered spouses or children in need of

temporary shelter, the impoverished, or victims of natural disaster

without regard to the beneficiaries' ability to pay;

(3) providing support to elderly persons, including

the provision of recreational or social activities and facilities

designed to address the special needs of elderly persons, or to the

handicapped, without regard to the beneficiaries' ability to pay;

(4) preserving a historical landmark or site;

(5) promoting or operating a museum, zoo, library,

theater of the dramatic or performing arts, or symphony orchestra

or choir;

(6) promoting or providing humane treatment of

animals;

(7) acquiring, storing, transporting, selling, or

distributing water for public use;

(8) answering fire alarms and extinguishing fires with

no compensation or only nominal compensation to the members of the

organization;

(9) promoting the athletic development of boys or

girls under the age of 18 years;

(10) preserving or conserving wildlife;

(11) promoting educational development through loans

or scholarships to students;

(12) providing halfway house services pursuant to a

certification as a halfway house by the parole [~~pardons and~~

~~paroles~~] division of the Texas Department of Criminal Justice;

(13) providing permanent housing and related social,

health care, and educational facilities for persons who are 62

years of age or older without regard to the residents' ability to

pay;

(14) promoting or operating an art gallery, museum, or

collection, in a permanent location or on tour, that is open to the

public;

(15) providing for the organized solicitation and

collection for distributions through gifts, grants, and agreements

to nonprofit charitable, education, religious, and youth

organizations that provide direct human, health, and welfare

services;

(16) performing biomedical or scientific research or

biomedical or scientific education for the benefit of the public;

(17) operating a television station that produces or

broadcasts educational, cultural, or other public interest

programming and that receives grants from the Corporation for

Public Broadcasting under 47 U.S.C. Section 396, as amended;

(18) providing housing for low-income and

moderate-income families, for unmarried individuals 62 years of age

or older, for handicapped individuals, and for families displaced

by urban renewal, through the use of trust assets that are

irrevocably and, pursuant to a contract entered into before

December 31, 1972, contractually dedicated on the sale or

disposition of the housing to a charitable organization that

performs charitable functions described by Subdivision (9);

(19) providing housing and related services to persons

who are 62 years of age or older in a retirement community, if the

retirement community provides independent living services,

assisted living services, and nursing services to its residents on

a single campus:

(A) without regard to the residents' ability to

pay; or

(B) in which at least four percent of the

retirement community's combined net resident revenue is provided in

charitable care to its residents;

(20) providing housing on a cooperative basis to

students of an institution of higher education if:

(A) the organization is exempt from federal

income taxation under Section 501(a), Internal Revenue Code of

1986, as amended, by being listed as an exempt entity under Section

501(c)(3) of that code;

(B) membership in the organization is open to all

students enrolled in the institution and is not limited to those

chosen by current members of the organization;

and

(D) the members of the organization share the

responsibility for managing the housing;

(21) acquiring, holding, and transferring unimproved

real property under an urban land bank demonstration program

established under Chapter 379C, Local Government Code, as or on

behalf of a land bank; or

(22) acquiring, holding, and transferring unimproved

real property under an urban land bank program established under

Chapter 379E, Local Government Code, as or on behalf of a land bank.

SECTION 22.002. Section 11.18(o), Tax Code, as added by

Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(o) For purposes of Subsection (a)(2), real property

acquired, held, and transferred by an organization that performs

the function described by Subsection (d)(21) or (22) is considered

to be used exclusively by the qualified charitable organization to

perform that function.

SECTION 22.003. Section 25.025(a), Tax Code, as amended by

Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B. 1141), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(a) This section applies only to:

(1) a current or former peace officer as defined by

Article 2.12, Code of Criminal Procedure;

(2) a county jailer as defined by Section 1701.001,

Occupations Code;

(3) an employee of the Texas Department of Criminal

Justice;

(4) a commissioned security officer as defined by

Section 1702.002, Occupations Code;

(5) a victim of family violence as defined by Section

71.004, Family Code, if as a result of the act of family violence

against the victim, the actor is convicted of a felony or a Class A

misdemeanor; [~~and~~]

(6) a federal judge or state judge;

(7) [~~(6)~~] a current or former employee of a district

attorney, criminal district attorney, or county or municipal

attorney whose jurisdiction includes any criminal law or child

protective services matters; and

(8) [~~(6)~~] an officer or employee of a community

supervision and corrections department established under Chapter

76, Government Code, who performs a duty described by Section

76.004(b) of that code.

SECTION 22.004. Section 25.07(b), Tax Code, as amended by

Chapters 609 (H.B. 387), 885 (H.B. 2278), and 1169 (H.B. 316), Acts

of the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(b) Except as provided by Sections 11.11(b) and (c), a

leasehold or other possessory interest in exempt property may not

be listed if:

(1) the property is permanent university fund land;

(2) the property is county public school fund

agricultural land;

(3) the property is a part of a public transportation

facility owned by a municipality or county and:

(A) is an airport passenger terminal building or

a building used primarily for maintenance of aircraft or other

aircraft services, for aircraft equipment storage, or for air

cargo;

(B) is an airport fueling system facility;

(i) that has been granted to a joint airport

board under Subchapter C, Chapter 681, Business & Commerce Code;

(ii) the area of which in the portion of the

zone located in the airport operated by the joint airport board does

not exceed 2,500 acres; and

(iii) that is established and operating

pursuant to federal law; or

(D)(i) is in a foreign trade zone established

pursuant to federal law after June 1, 1991, that [~~which~~] operates

pursuant to federal law;

(ii) is contiguous to or has access via a

taxiway to an airport located in two counties, one of which has a

population of 500,000 or more according to the federal decennial

census most recently preceding the establishment of the foreign

trade zone; and

(iii) is owned, directly or through a

corporation organized under the Development Corporation Act

(Subtitle C1, Title 12, Local Government Code), by the same

municipality that [~~which~~] owns the airport;

(4) the interest is in a part of:

(A) a park, market, fairground, or similar public

facility that is owned by a municipality; or

(B) a convention center, visitor center, sports

facility with permanent seating, concert hall, arena, or stadium

that is owned by a municipality as such leasehold or possessory

interest serves a governmental, municipal, or public purpose or

function when the facility is open to the public, regardless of

whether a fee is charged for admission;

(5) the interest involves only the right to use the

property for grazing or other agricultural purposes; [or]

(6) the property is:

(A) owned by a municipality, a public port, or a

navigation district created or operating under Section 59, Article

XVI, Texas Constitution, or under a statute enacted under Section

59, Article XVI, Texas Constitution; and

(B) used as an aid or facility incidental to or

useful in the operation or development of a port or waterway or in

aid of navigation-related commerce; or

(7) [~~(8)~~] the property is part of a rail facility

owned by a rural rail transportation district created or operating

under Chapter 623, Acts of the 67th Legislature, Regular Session,

1981 (Article 6550c, Vernon's Texas Civil Statutes).

SECTION 22.005. Section 26.06(d), Tax Code, as amended by

Chapters 1105 (H.B. 3495) and 1112 (H.B. 3630), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

(d) At the public hearings the governing body shall announce

the date, time, and place of the meeting at which it will vote on the

proposed tax rate. After each hearing the governing body shall give

notice of the meeting at which it will vote on the proposed tax rate

and the notice shall be in the same form as prescribed by

Subsections (b) and (c), except that it must state the following:

"NOTICE OF TAX REVENUE INCREASE

"The (name of the taxing unit) conducted public hearings on

(date of first hearing) and (date of second hearing) on a proposal

to increase the total tax revenues of the (name of the taxing unit)

from properties on the tax roll in the preceding year by (percentage

by which proposed tax rate exceeds lower of rollback tax rate or

effective tax rate calculated under this chapter) percent.

"The total tax revenue proposed to be raised last year at last

year's tax rate of (insert tax rate for the preceding year) for each

$100 of taxable value was (insert total amount of taxes imposed in

the preceding year).

"The total tax revenue proposed to be raised this year at the

proposed tax rate of (insert proposed tax rate) for each $100 of

taxable value, excluding tax revenue to be raised from new property

added to the tax roll this year, is (insert amount computed by

multiplying proposed tax rate by the difference between current

total value and new property value).

"The total tax revenue proposed to be raised this year at the

proposed tax rate of (insert proposed tax rate) for each $100 of

taxable value, including tax revenue to be raised from new property

added to the tax roll this year, is (insert amount computed by

multiplying proposed tax rate by current total value).

"The (governing body of the taxing unit) is scheduled to vote

on the tax rate that will result in that tax increase at a public

meeting to be held on (date of meeting) at (location of meeting,

including mailing address) at (time of meeting)."

SECTION 22.006. Section 32.06(a-1), Tax Code, as amended by

Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted and amended to

read as follows:

(a-1) A person may authorize another person to pay the taxes

imposed by a taxing unit on the person's real property by filing

with the collector for the unit:

(1) a sworn document stating:

(A) the authorization;

(B) the name and street address of the transferee

authorized to pay the taxes of the property owner;

address, if applicable, and legal description; and

(D) [~~(4)~~] notice has been given to the property

owner that if the property owner is [~~they are~~] age 65 or disabled,

the property owner [~~they~~] may be eligible for a tax deferral under

Section 33.06; and

(2) the information required by Section 351.054,

Finance Code.

SECTION 22.007. Section 32.065(d), Tax Code, as amended by

Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

(d) Chapters 342 and 346, Finance Code, and the provisions

of Chapter 343, Finance Code, other than Sections 343.203 and

343.205, do not apply to a transaction covered by this section.

SECTION 22.008. Section 352.002(a), Tax Code, as amended by

Chapters 24 (S.B. 213), 1031 (H.B. 1669), and 1359 (H.B. 1820), Acts

of the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(a) The commissioners courts of the following counties by

the adoption of an order or resolution may impose a tax on a person

who, under a lease, concession, permit, right of access, license,

contract, or agreement, pays for the use or possession or for the

right to the use or possession of a room that is in a hotel, costs $2

or more each day, and is ordinarily used for sleeping:

(1) a county that has a population of more than 3.3

million;

(2) a county that has a population of 90,000 or more,

borders the United Mexican States, and does not have three or more

cities that each have a population of more than 17,500;

(3) a county in which there is no municipality;

(4) a county in which there is located an Indian

reservation under the jurisdiction of the United States government;

(5) a county that has a population of 30,000 or less,

that has no more than one municipality with a population of less

than 2,500, and that borders two counties located wholly in the

Edwards Aquifer Authority established by Chapter 626, Acts of the

73rd Legislature, Regular Session, 1993;

(6) a county that borders the Gulf of Mexico;

(7) a county that has a population of less than 5,000,

that borders the United Mexican States, and in which there is

located a major observatory;

(8) a county that has a population of 12,000 or less

and borders the Toledo Bend Reservoir;

(9) a county that has a population of less than 12,000

and an area of less than 275 square miles;

(10) a county that has a population of 30,000 or less

and borders Possum Kingdom Lake;

(11) a county that borders the United Mexican States

and has a population of more than 300,000 and less than 600,000;

(12) a county that has a population of 35,000 or more

and borders or contains a portion of Lake Fork Reservoir;

(13) a county that borders the United Mexican States

and in which there is located a national recreation area;

(14) a county that borders the United Mexican States

and in which there is located a national park of more than 400,000

acres;

(15) a county that has a population of 28,000 or less,

that has no more than four municipalities, and that is located

wholly in the Edwards Aquifer Authority established by Chapter 626,

Acts of the 73rd Legislature, Regular Session, 1993;

(16) a county that has a population of 25,000 or less,

whose territory is less than 750 square miles, and that has two

incorporated municipalities, each with a population of 800 or less,

located on the Frio River;

(17) a county that has a population of 34,000 or more

and borders Lake Buchanan;

(18) a county that has a population of more than 45,000

and less than 75,000, that borders the United Mexican States, and

that borders or contains a portion of Falcon Lake;

(19) a county with a population of 21,000 or less that

borders the Neches River and in which there is located a national

preserve;

(20) a county that has a population of 22,500 or less

and that borders or contains a portion of Lake Livingston;

(21) a county that has a population of less than 22,000

and in which the birthplace of a president of the United States is

located;

(22) a county that has a population of more than 15,000

but less than 20,000 and borders Lake Buchanan; [~~and~~]

(23) a county with a population of less than 10,000

that is bordered by the Sulphur River;

(24) [~~(22)~~] a county that has a population of 16,000

or more and borders the entire north shore of Lake Somerville;

(25) [~~(23)~~] a county that has a population of 20,000

or less and that is bordered by the Brazos and Navasota Rivers;

(26) [~~(24)~~] a county that has a population of more

than 15,000 and less than 25,000 and is located on the Trinity and

Navasota Rivers; [~~and~~]

(27) [~~(25)~~] a county that has a population of less

than 15,000 and that is bordered by the Trinity and Navasota Rivers;

(28) [~~(22)~~] a county that borders or contains a

portion of the Neches River, the Sabine River, and Sabine Lake; and

(29) [~~(23)~~] a county that borders Whitney Lake.

SECTION 22.009. Section 352.002(d), Tax Code, as amended by

Chapters 418 (H.B. 3043) and 469 (H.B. 2064), Acts of the 75th

Legislature, Regular Session, 1997, and by Chapters 24 (S.B. 213)

and 1359 (H.B. 1820), Acts of the 80th Legislature, Regular

Session, 2007, is reenacted and amended to consolidate different

versions of Section 352.002(d) and to correct cross-references to

read as follows:

(d) The tax imposed by a county authorized by Subsection

(a)(4), (6), (8), (9), (10), (11), (14), (15) [~~(12)~~], (17), (19),

(20), (21), [or] (23), or (29) to impose the tax does not apply to a

hotel located in a municipality that imposes a tax under Chapter 351

applicable to the hotel. This subsection does not apply to:

(1) a county authorized by Subsection (a)(6) to impose

the tax that:

(A) has a population of less than 40,000 and

adjoins the most populous county in this state; or

(B) has a population of more than 200,000 and

borders the Neches River; or

(2) a county authorized by Subsection (a)(9) to impose

the tax that has a population of more than 9,000.

SECTION 22.010. Section 352.002(f), Tax Code, as added by

Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular

Session, 2007, is relettered as Section 352.002(g), Tax Code.

SECTION 22.010A. Section 352.003(d), Tax Code, is amended

to correct a cross-reference to read as follows:

(d) The tax rate in a county authorized to impose the tax

under Section 352.002(a)(14) [~~352.002(a)(12)~~] may not exceed three

percent of the price paid for a room in a hotel.

SECTION 22.011. Section 352.003(h), Tax Code, as added by

Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular

Session, 2007, is relettered as Section 352.003(i), Tax Code, and

amended to read as follows:

(i) [~~(h)~~] The tax rate in a county authorized to impose the

tax under Section 352.002(g) [~~352.002(f)~~] may not exceed two

percent of the price paid for a room in a hotel. This subsection

expires September 1, 2015.

SECTION 22.012. Section 352.003(h), Tax Code, as added by

Chapter 1031 (H.B. 1669), Acts of the 80th Legislature, Regular

Session, 2007, is relettered as Section 352.003(j), Tax Code, and

amended to read as follows:

(j) [~~(h)~~] The tax rate in a county authorized to impose the

tax under Section 352.002(a)(24), [~~352.002(a)(22), (23), (24), or~~]

(25), (26), or (27) may not exceed two percent of the price paid for

a room in a hotel.

SECTION 22.013. Section 352.003(h), Tax Code, as added by

Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular

Session, 2007, is relettered as Section 352.003(k), Tax Code, and

amended to read as follows:

(k) [~~(h)~~] The tax rate in a county authorized to impose the

tax under Section 352.002(a)(28) [~~352.002(a)(22)~~] may not exceed

two percent of the price paid for a room in a hotel.

SECTION 22.013A. Section 352.102(c), Tax Code, is amended

to correct a cross-reference to read as follows:

further described by Section 352.002(a)(14) [~~352.002(a)(12)~~] shall

use at least one-third of the revenue collected each fiscal year

from the tax imposed under this chapter for the purposes authorized

by this chapter in unincorporated areas of the county.

SECTION 22.014. Section 352.1034(a), Tax Code, as added by

Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular

Session, 2007, is amended to read as follows:

(a) This section applies only to a county authorized to

impose a tax by Section 352.002(g) [~~352.002(f)~~].

SECTION 22.015. Section 352.1034, Tax Code, as added by

Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 352.1035, Tax Code, and

amended to read as follows:

Sec. 352.1035 [~~352.1034~~]. CERTAIN COUNTIES BORDERING

WHITNEY LAKE. The revenue from a tax imposed under this chapter by

a county authorized to impose the tax by Section 352.002(a)(29)

[~~352.002(a)(23)~~] may be used only for the purpose described in

Section 352.101(a)(3) and only in relation to unincorporated areas

of the county.

SECTION 22.016. Section 352.108, Tax Code, is amended to

correct a cross-reference to read as follows:

Sec. 352.108. USE OF REVENUE; CERTAIN COUNTIES THAT BORDER

MEXICO AND CONTAIN A NATIONAL RECREATION AREA. A county authorized

to impose a tax under this chapter by Section 352.002(a)(13)

[~~352.002(a)(12)~~] may use the revenue from the tax only as follows:

(1) 75 percent of the revenue for the promotion of

tourism; and

(2) notwithstanding Section 352.1015, 25 percent of

the revenue for the general revenue purposes or general

governmental operations of the county.

ARTICLE 23. CHANGES RELATING TO TRANSPORTATION CODE

SECTION 23.001. Section 203.002, Transportation Code, is

amended to remove unnecessary subsection lettering to read as

follows:

Sec. 203.002. MODERN STATE HIGHWAY SYSTEM. [~~(a)~~] To

promote public safety, facilitate the movement of traffic, preserve

the public's financial investment in highways, promote the national

defense, and accomplish the purposes of this chapter, the

commission may:

(1) lay out, construct, maintain, and operate a modern

state highway system, with emphasis on the construction of

controlled access highways;

(2) plan for future highways; and

(3) convert where necessary an existing street, road,

or highway into a controlled access highway in accordance with

modern standards of speed and safety.

SECTION 23.002. Section 361.308, Transportation Code, is

transferred to Subchapter A, Chapter 228, Transportation Code, and

redesignated as Section 228.0031, Transportation Code, to read as

follows:

Sec. 228.0031 [~~361.308~~]. AGREEMENTS WITH LOCAL

GOVERNMENTS. (a) In this section, "local government" means a:

(1) county, municipality, special district, or other

political subdivision of this state;

(2) local government corporation created under

Subchapter D, Chapter 431; or

(3) combination of two or more entities described by

Subdivision (1) or (2).

(b) A local government may enter into an agreement with the

department or a private entity under which the local government

assists in the financing of the construction, maintenance, and

operation of a turnpike project located in the government's

jurisdiction in return for a percentage of the revenue from the

project.

road purposes, including bond and tax proceeds, to provide

financing under Subsection (b).

(d) An agreement under this section between a local

government and a private entity must be approved by the department.

(e) Revenue received by a local government under an

agreement under this section must be used for transportation

purposes.

SECTION 23.003. Chapter 361, Transportation Code, is

repealed.

SECTION 23.004. Chapter 371, Transportation Code, as added

by Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted, redesignated as

Chapter 372, Transportation Code, and amended to read as follows:

CHAPTER 372 [~~371~~]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF

TOLL PROJECT

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 372.001 [~~371.001~~]. DEFINITIONS. In this chapter:

(1) "Toll project" means a toll project described by

Section 201.001(b), regardless of whether the toll project:

(A) is a part of the state highway system; or

(B) is subject to the jurisdiction of the

department.

(2) "Toll project entity" means an entity authorized

by law to acquire, design, construct, finance, operate, and

maintain a toll project, including:

(A) the department under Chapter 227 or 228;

(B) a regional tollway authority under Chapter

366;

370; or

(D) a county under Chapter 284.

SUBCHAPTER B. TOLL PROJECT OPERATION

Sec. 372.051 [~~371.051~~]. USE OF MOTOR VEHICLE REGISTRATION

OR LICENSE PLATE INFORMATION. (a) A toll project entity may not

use motor vehicle registration or other information derived from a

license plate on a vehicle using a toll project, including

information obtained by the use of automated enforcement technology

described by Section 228.058, for purposes other than those related

to:

(1) toll collection and toll collection enforcement;

and

(2) law enforcement purposes on request by a law

enforcement agency[~~, subject to Section 228.058(d)~~].

(b) If a toll project entity enters into an agreement with

an entity in another state that involves the exchange of motor

vehicle registration or license plate information for toll

collection or toll collection enforcement purposes, the agreement

must provide that the information may not be used for purposes other

than those described in Subsection (a).

Sec. 372.052 [~~371.001~~]. VEHICLES USED BY NONPROFIT

DISASTER RELIEF ORGANIZATIONS. [~~(a) In this section:~~

[~~(1)~~ ~~"Toll project" means a toll project described by~~

~~Section 201.001(b), regardless of whether the toll project is:~~

[~~(A) a part of the state highway system; or~~

[~~(B)~~ ~~subject to the jurisdiction of the~~

~~department.~~

[~~(2)~~ ~~"Toll project entity" means an entity authorized~~

~~by law to acquire, design, construct, finance, operate, and~~

~~maintain a toll project, including:~~

[~~(A) the department under Chapter 227 or 228;~~

[~~(B)~~ ~~a regional tollway authority under Chapter~~

~~366;~~

[~~(C)~~ ~~a regional mobility authority under Chapter~~

~~370; or~~

[~~(D) a county under Chapter 284.~~

[~~(b)~~] A toll project entity may not require a vehicle

registered under Section 502.203 to pay a toll for the use of a toll

project.

SECTION 23.005. Section 460.302(f), Transportation Code,

is amended to correct a reference to read as follows:

(f) In this section, "dedicated or special-purpose sales

and use tax" means a tax referred to or described by:

(1) Chapter 504 or 505, Local Government Code [~~Section~~

~~4A or 4B, Development Corporation Act of 1979 (Article 5190.6,~~

~~Vernon's Texas Civil Statutes)~~];

(2) Section 379A.081, Local Government Code;

(3) Section 363.055, Local Government Code; or

(4) Section 327.003, Tax Code.

SECTION 23.006. Section 522.051(a), Transportation Code,

as amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of

the 80th Legislature, Regular Session, 2007, is reenacted and

amended to read as follows:

(a) Except as provided by Subsection (f) and Sections

522.013(e), [~~and~~] 522.033, and 522.054, an original commercial

driver's license or commercial driver learner's permit expires five

years after the applicant's next birthday.

SECTION 23.007. Section 550.081, Transportation Code, as

amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the

80th Legislature, Regular Session, 2007, is reenacted and amended

to read as follows:

Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE

PEACE. (a) In this section, "department" means the Texas

Department of Transportation.

(b) A medical examiner or justice of the peace acting as

coroner in a county that does not have a medical examiner's office

or that is not part of a medical examiner's district shall submit a

report in writing to the department [~~Texas Department of~~

~~Transportation~~] of the death of a person that was the result of a

traffic accident to which this chapter applies and that occurred

within the jurisdiction of the medical examiner or justice of the

peace in the preceding calendar quarter.

of each calendar month and include:

(1) the name of the deceased and a statement as to

whether the deceased was:

(A) the operator of or a passenger in a vehicle

involved in the accident; or

(B) a pedestrian or other nonoccupant of a

vehicle;

(2) the date of the accident and the name of the county

in which the accident occurred;

(3) the name of any laboratory, medical examiner's

office, or other facility that conducted toxicological testing

relative to the deceased; and

(4) the results of any toxicological testing that was

conducted.

(d) [~~(c)~~] A report required by this section shall be sent

to:

(1) the crash records bureau of the department at its

headquarters in Austin; or

(2) any other office or bureau of the department that

the department designates.

(e) [~~(d)~~] If toxicological test results are not available

to the medical examiner or justice of the peace on the date a report

must be submitted, the medical examiner or justice shall:

(1) submit a report that includes the statement

"toxicological test results unavailable"; and

(2) submit a supplement to the report that contains

the information required by Subsections (c)(3) [~~(b)(3)~~] and (4) as

soon as practicable after the toxicological test results become

available.

(f) [~~(e)~~] The department shall prepare and when requested

supply to medical examiners' offices and justices of the peace the

forms necessary to make the reports required by this section.

SECTION 23.008. Section 642.001(6), Transportation Code,

is amended to correct a reference to read as follows:

(6) "Tow truck" has the meaning assigned that term by

Section 2308.002, Occupations Code [~~643.001~~].

SECTION 23.009. Section 644.101(b), Transportation Code,

as amended by Chapters 508 (S.B. 545), 702 (H.B. 2077), and 1030

(H.B. 1638), Acts of the 80th Legislature, Regular Session, 2007,

is reenacted and amended to read as follows:

(b) A police officer of any of the following municipalities

is eligible to apply for certification under this section:

(1) a municipality with a population of 50,000 or

more;

(2) a municipality with a population of 25,000 or more

any part of which is located in a county with a population of

500,000 or more;

(3) a municipality with a population of less than

25,000:

(A) any part of which is located in a county with

a population of 2.4 million; and

(B) that contains or is adjacent to an

international port;

(4) a municipality with a population of at least

34,000 that is located in a county that borders two or more states;

(5) a municipality any part of which is located in a

county bordering the United Mexican States; or

(6) a municipality with a population of less than

5,000 that is located:

(A) adjacent to a bay connected to the Gulf of

Mexico; and

(B) in a county adjacent to a county with a

population greater than 3.3 million.

ARTICLE 24. CHANGES RELATING TO WATER CODE

SECTION 24.001. Subdivision (15), Section 11.002, Water

Code, as added by Chapter 1352 (H.B. 4), Acts of the 80th

Legislature, Regular Session, 2007, is repealed.

SECTION 24.002. Section 11.152, Water Code, is amended to

add a heading and to correct a cross-reference to read as follows:

Sec. 11.152. ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND

WILDLIFE HABITATS. In its consideration of an application for a

permit to store, take, or divert water in excess of 5,000 acre feet

per year, the commission shall assess the effects, if any, on the

issuance of the permit on fish and wildlife habitats and may require

the applicant to take reasonable actions to mitigate adverse

impacts on such habitat. In determining whether to require an

applicant to mitigate adverse impacts on a habitat, the commission

may consider any net benefit to the habitat produced by the project.

The commission shall offset against any mitigation required by the

U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts

[~~Sections~~] 320-330 any mitigation authorized by this section.

SECTION 24.003. Section 11.504, Water Code, is amended to

add a heading to read as follows:

Sec. 11.504. APPLICABILITY TO CERTAIN MINING-RELATED

ACTIVITIES. This Act shall not apply to surface mining and

reclamation.

SECTION 24.004. Section 11.505, Water Code, is amended to

add a heading to read as follows:

Sec. 11.505. APPLICABILITY TO STATE REVOLVING LOAN FUND

PROGRAM. This Act shall not apply to the state revolving loan fund

program.

SECTION 24.005. Section 11.506, Water Code, is amended to

add a heading to read as follows:

Sec. 11.506. CONFLICT BETWEEN STATE AND FEDERAL LAW. If the

state definition conflicts with the federal definition in any

manner, the federal definition prevails.

SECTION 24.006. Section 49.271(c), Water Code, as amended

by Chapters 33 (S.B. 657) and 452 (H.B. 576), Acts of the 80th

Legislature, Regular Session, 2007, is reenacted to read as

follows:

qualifications of bidders on its construction contracts and for

sureties issuing payment and performance bonds. For construction

contracts over $50,000, the district shall require a person who

bids to submit a certified or cashier's check on a responsible bank

in the state equal to at least two percent of the total amount of the

bid, or a bid bond of at least two percent of the total amount of the

bid issued by a surety legally authorized to do business in this

state, as a good faith deposit to ensure execution of the contract.

Notwithstanding any criteria adopted under this subsection, for a

contract for more than $250,000, the district must accept a bid bond

in the amount required by the district as a bid deposit if the bid

bond meets the other requirements of this subsection. If the

successful bidder fails or refuses to enter into a proper contract

with the district, or fails or refuses to furnish the payment and

performance bonds required by law, the bidder forfeits the deposit.

The payment, performance, and bid bonding requirements of this

subsection do not apply to a contract for the purchase of equipment,

materials, or machinery not otherwise incorporated into a

construction project.

SECTION 24.007. Section 66.402, Water Code, is amended to

add a heading to read as follows:

Sec. 66.402. ORDER TO DISSOLVE DISTRICT. (a) After

considering the petition and the accompanying evidence, if the

commission finds that the work is completed according to the plan

and the facilities have been conveyed and that all bonds and other

indebtedness have been retired, the commission shall order the

district dissolved.

(b) If the commission finds that the work has not been

completed according to the plan, that all facilities have not been

conveyed, or that all bonds and other indebtedness have not been

retired, the commission shall issue an order that will ensure that

the work is completed by the district, all conveyances are made, and

all debt will be retired, and on compliance with this order shall

issue an order dissolving the district.

ARTICLE 25. CHANGES RELATING TO VARIOUS CODES TO UPDATE

REFERENCES TO OR CONCERNING THE TEXAS DEPARTMENT OF CRIMINAL

JUSTICE

SECTION 25.001. Section 144.127(b), Agriculture Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

imprisonment in the Texas Department of Criminal Justice

[~~Corrections~~] for not less than 2 years nor more than 12 years.

SECTION 25.002. Section 144.128(b), Agriculture Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

imprisonment in the Texas Department of Criminal Justice

[~~Corrections~~] for not less than 2 years nor more than 12 years.

SECTION 25.003. Section 147.061(c), Agriculture Code, is

amended to read as follows:

felony punishable by:

(1) a fine of not less than $500 nor more than $5,000;

(2) imprisonment in the Texas Department of Criminal

Justice [~~Corrections~~] for not less than one nor more than two years;

(3) both fine and imprisonment under this subsection.

SECTION 25.004. Section 147.064(c), Agriculture Code, is

amended to read as follows:

felony punishable by imprisonment in the Texas Department of

Criminal Justice [~~Corrections~~] for not less than two years nor more

than four years.

SECTION 25.005. Section 149.005(b), Agriculture Code, is

amended to read as follows:

(b) A second or subsequent offense under this chapter is

punishable by imprisonment in the [~~institutional division of the~~]

Texas Department of Criminal Justice for not less than two years nor

more than five years.

SECTION 25.006. Section 161.141(d), Agriculture Code, is

amended to read as follows:

(d) A second or subsequent offense under Subsection (c) [of

~~this section~~] is a felony punishable by:

(1) imprisonment in the Texas Department of Criminal

Justice [~~Corrections~~] for not less than two years nor more than five

years; and

(2) a fine of not more than $10,000.

SECTION 25.007. Section 101.69, Alcoholic Beverage Code, is

amended to read as follows:

Sec. 101.69. FALSE STATEMENT. Except as provided in

Section 103.05(d) [~~of this code~~], a person who makes a false

statement or false representation in an application for a permit or

license or in a statement, report, or other instrument to be filed

with the commission and required to be sworn commits an offense

punishable by imprisonment in the Texas Department of Criminal

Justice [~~penitentiary~~] for not less than 2 nor more than 10 years.

SECTION 25.008. Section 103.05(d), Alcoholic Beverage

Code, is amended to read as follows:

(d) A peace officer who makes a false report of the property

seized commits a felony punishable by confinement in the Texas

Department of Criminal Justice [~~penitentiary~~] for not less than two

years and not more than five years.

SECTION 25.009. Section 206.06(f), Alcoholic Beverage

Code, is amended to read as follows:

(f) A person who violates any provision of this section

commits a felony punishable by imprisonment in the Texas Department

of Criminal Justice [~~penitentiary~~] for not less than 2 nor more than

20 years.

SECTION 25.010. Section 15.22(a), Business & Commerce Code,

is amended to read as follows:

(a) Every person, other than a municipal corporation, who

acts in violation of any of the prohibitions in Section 15.05(a) or

(b) [~~Subsection (a) or (b) of Section 15.05 of this Act~~] shall be

deemed guilty of a felony and upon conviction shall be punished by

confinement in the Texas Department of Criminal Justice

[~~Corrections~~] for a term of not more than three years or by a fine

not to exceed $5,000 or by both.

SECTION 25.011. Section 132.001(a), Civil Practice and

Remedies Code, is amended to read as follows:

(a) Except as provided by Subsection (b), an unsworn

declaration made as provided by this chapter by an inmate in the

Texas Department of Criminal Justice [~~Corrections~~] or in a county

jail may be used in lieu of a written sworn declaration,

verification, certification, oath, or affidavit required by

statute or required by a rule, order, or requirement adopted as

provided by law.

SECTION 25.012. Section 132.003, Civil Practice and

Remedies Code, is amended to read as follows:

Sec. 132.003. FORM OF DECLARATION. The form of a

declaration under this chapter must be substantially as follows:

"I, (insert name and inmate identifying number from Texas

Department of Criminal Justice [~~Corrections~~] or county jail), being

presently incarcerated in (insert Texas Department of Criminal

Justice [~~Corrections~~] unit name or county jail name) in

_______________ County, Texas, declare under penalty of perjury

that the foregoing is true and correct. Executed on (date).

(signature)"

SECTION 25.013. Article 24.13, Code of Criminal Procedure,

is amended to read as follows:

Art. 24.13. ATTACHMENT FOR CONVICT WITNESSES. All persons

who have been or may be convicted in this state [~~State~~], and who are

confined in an institution operated by the Texas Department of

Criminal Justice [~~Corrections~~] or any jail in this state [~~State~~],

shall be permitted to testify in person in any court for the state

[~~State~~] and the defendant when the presiding judge finds, after

hearing, that the ends of justice require their attendance, and

directs that an attachment issue to accomplish the purpose,

notwithstanding any other provision of this code [~~Code~~]. Nothing

in this article [~~Article~~] shall be construed as limiting the power

of the courts of this state [~~State~~] to issue bench warrants.

SECTION 25.014. Section 4(c), Article 24.29, Code of

Criminal Procedure, is amended to read as follows:

custody of the witness to produce him in the requesting

jurisdiction's court, may direct and require in his order that:

(1) an officer of the requesting jurisdiction come to

the Texas penal institution in which the witness is confined to

accept custody of the witness for physical transfer to the

requesting jurisdiction;

(2) the requesting jurisdiction provide proper

safeguards on his custody while in transit;

(3) the requesting jurisdiction be liable for and pay

all expenses incurred in producing and returning the witness,

including but not limited to food, lodging, clothing, and medical

care; and

(4) the requesting jurisdiction promptly deliver the

witness back to the same or another Texas penal institution as

specified by the Texas Department of Criminal Justice [~~Corrections~~]

at the conclusion of his testimony.

SECTION 25.015. Section 2(e)(2), Article 37.071, Code of

Criminal Procedure, is amended to read as follows:

(2) The court shall:

(A) instruct the jury that if the jury answers

that a circumstance or circumstances warrant that a sentence of

life imprisonment without parole rather than a death sentence be

imposed, the court will sentence the defendant to imprisonment in

the [~~institutional division of the~~] Texas Department of Criminal

Justice for life without parole; and

(B) charge the jury that a defendant sentenced to

confinement for life without parole under this article is

ineligible for release from the department on parole.

SECTION 25.016. Section 2(g), Article 37.071, Code of

Criminal Procedure, is amended to read as follows:

(g) If the jury returns an affirmative finding on each issue

submitted under Subsection (b) and a negative finding on an issue

submitted under Subsection (e)(1), the court shall sentence the

defendant to death. If the jury returns a negative finding on any

issue submitted under Subsection (b) or an affirmative finding on

an issue submitted under Subsection (e)(1) or is unable to answer

any issue submitted under Subsection (b) or (e), the court shall

sentence the defendant to confinement in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for life

imprisonment without parole.

SECTION 25.017. Section 3(g), Article 37.0711, Code of

Criminal Procedure, is amended to read as follows:

(g) If the jury returns an affirmative finding on each issue

submitted under Subsection (b) [~~of this section~~] and a negative

finding on the issue submitted under Subsection (e) [~~of this~~

~~section~~], the court shall sentence the defendant to death. If the

jury returns a negative finding on any issue submitted under

Subsection (b) [~~of this section~~] or an affirmative finding on the

issue submitted under Subsection (e) [~~of this section~~] or is unable

to answer any issue submitted under Subsection (b) or (e) [~~of this~~

~~section~~], the court shall sentence the defendant to confinement in

the [~~institutional division of the~~] Texas Department of Criminal

Justice for life.

SECTION 25.018. Sections 3 and 4, Article 42.03, Code of

Criminal Procedure, are amended to read as follows:

Sec. 3. If a defendant appeals his conviction, is not

released on bail, and is retained in a jail as provided in Section

7, Article 42.09, pending his appeal, the judge of the court in

which the defendant was convicted shall give the defendant credit

on his sentence for the time that the defendant has spent in jail

pending disposition of his appeal. The court shall endorse on both

the commitment and the mandate from the appellate court all credit

given the defendant under this section, and the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice shall grant

the credit in computing the defendant's eligibility for parole and

discharge.

Sec. 4. When a defendant who has been sentenced to

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice has spent time in jail pending trial

and sentence or pending appeal, the judge of the sentencing court

shall direct the sheriff to attach to the commitment papers a

statement assessing the defendant's conduct while in jail.

SECTION 25.019. Sections 1(a) and (d), Article 42.031, Code

of Criminal Procedure, are amended to read as follows:

(a) The sheriff of each county may attempt to secure

employment for each defendant sentenced to the county jail work

release program under Article 42.034 [~~of this code~~] and each

defendant confined in the county jail awaiting transfer to the

[~~institutional division of the~~] Texas Department of Criminal

Justice.

(d) If the sheriff does not find employment for a defendant

who would otherwise be sentenced to imprisonment in the department

[~~institutional division~~], the sheriff shall:

(1) transfer the defendant to the sheriff of a county

who agrees to accept the defendant as a participant in the county

jail work release program; or

(2) retain the defendant in the county jail for

employment as soon as possible in a jail work release program.

SECTION 25.020. Section 3(a), Article 42.031, Code of

Criminal Procedure, is amended to read as follows:

(a) The sheriff of each county shall classify each felon

serving a sentence in the county jail work release program for the

purpose of awarding good conduct time credit in the same manner as

inmates of the [~~institutional division of the~~] Texas Department of

Criminal Justice are classified under Chapter 498, Government Code,

and shall award good conduct time in the same manner as the director

of the department does in that chapter.

SECTION 25.021. Article 42.037(o), Code of Criminal

Procedure, is amended to read as follows:

(o) The department [~~pardons and paroles division~~] may waive

a supervision fee or an administrative fee imposed on an inmate

under Section 508.182, Government Code, during any period in which

the inmate is required to pay restitution under this article.

SECTION 25.022. Article 42.08(b), Code of Criminal

Procedure, is amended to read as follows:

(b) If a defendant is sentenced for an offense committed

while the defendant was an inmate in the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice and serving a sentence

for an offense other than a state jail felony and the defendant has

not completed the sentence he was serving at the time of the

offense, the judge shall order the sentence for the subsequent

offense to commence immediately on completion of the sentence for

the original offense.

SECTION 25.023. Sections 1, 2, 3, 4, 5, 6, and 7, Article

42.09, Code of Criminal Procedure, are amended to read as follows:

Sec. 1. Except as provided in Sections 2 and 3, a defendant

shall be delivered to a jail or to the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice when his sentence is

pronounced, or his sentence to death is announced, by the court.

The defendant's sentence begins to run on the day it is pronounced,

but with all credits, if any, allowed by Article 42.03.

Sec. 2. If a defendant appeals his conviction and is

released on bail pending disposition of his appeal, when his

conviction is affirmed, the clerk of the trial court, on receipt of

the mandate from the appellate court, shall issue a commitment

against the defendant. The officer executing the commitment shall

endorse thereon the date he takes the defendant into custody and the

defendant's sentence begins to run from the date endorsed on the

commitment. The [~~institutional division of the~~] Texas Department

of Criminal Justice shall admit the defendant named in the

commitment on the basis of the commitment.

Sec. 3. If a defendant is convicted of a felony and

sentenced to death, life, or a term of more than ten years in the

[~~institutional division of the~~] Texas Department of Criminal

Justice and he gives notice of appeal, he shall be transferred to

the department [~~institutional division~~] on a commitment pending a

mandate from the court of appeals or the Court of Criminal Appeals.

Sec. 4. If a defendant is convicted of a felony, is eligible

for release on bail pending appeal under Article [~~article~~]

44.04(b), and gives notice of appeal, he shall be transferred to the

[~~Institutional Division of the~~] Texas Department of Criminal

Justice on a commitment pending a mandate from the Court of Appeals

or the Court of Criminal Appeals upon request in open court or upon

written request to the sentencing court. Upon a valid transfer to

the department [~~institutional division~~] under this section, the

defendant may not thereafter be released on bail pending his

appeal.

Sec. 5. If a defendant is transferred to the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice pending

appeal under Section 3 or 4, his sentence shall be computed as if no

appeal had been taken if the appeal is affirmed.

Sec. 6. All defendants who have been transferred to the

[~~institutional division of the~~] Texas Department of Criminal

Justice pending the appeal of their convictions under this article

shall be under the control and authority of the department

[~~institutional division~~] for all purposes as if no appeal were

pending.

Sec. 7. If a defendant is sentenced to a term of

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice but is not transferred to the

department [~~institutional division~~] under Section 3 or 4 [~~of this~~

~~article~~], the court, before the date on which it would lose

jurisdiction under Section 6(a), Article 42.12, [~~of this code,~~]

shall send to the department a document containing a statement of

the date on which the defendant's sentence was pronounced and

credits earned by the defendant under Article 42.03 [~~of this code~~]

as of the date of the statement.

SECTION 25.024. Section 8(d), Article 42.09, Code of

Criminal Procedure, is amended to read as follows:

(d) The correctional institutions [~~institutional~~] division

of the Texas Department of Criminal Justice shall make documents

received under Subsections (a) and (c) available to the parole

[~~pardons and paroles~~] division on the request of the parole

[~~pardons and paroles~~] division and shall, on release of a defendant

on parole or to mandatory supervision, immediately provide the

parole [~~pardons and paroles~~] division with copies of documents

received under Subsection (a). The parole [~~pardons and paroles~~]

division shall provide to the parole officer appointed to supervise

the defendant a comprehensive summary of the information contained

in the documents referenced in this section not later than the 14th

day after the date of the defendant's release. The summary shall

include a current photograph of the defendant and a complete set of

the defendant's fingerprints. Upon written request from the county

sheriff, the photograph and fingerprints shall be filed with the

sheriff of the county to which the parolee is assigned if that

county is not the county from which the parolee was sentenced.

SECTION 25.025. Section 3g(b), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

(b) If there is an affirmative finding under Subsection

(a)(2) in the trial of a felony of the second degree or higher that

the deadly weapon used or exhibited was a firearm and the defendant

is granted community supervision, the court may order the defendant

confined in the [~~institutional division of the~~] Texas Department of

Criminal Justice for not less than 60 and not more than 120 days. At

any time after the defendant has served 60 days in the custody of

the department [~~institutional division~~], the sentencing judge, on

his own motion or on motion of the defendant, may order the

defendant released to community supervision. The department

[~~institutional division~~] shall release the defendant to community

supervision after he has served 120 days.

SECTION 25.026. Section 5(c), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

under Subsection (a) [~~of this section~~], if the judge has not

proceeded to adjudication of guilt, the judge shall dismiss the

proceedings against the defendant and discharge him. The judge may

dismiss the proceedings and discharge a defendant, other than a

defendant charged with an offense requiring the defendant to

~~668, Acts of the 75th Legislature, Regular Session, 1997,~~] prior to

the expiration of the term of community supervision if in the

judge's opinion the best interest of society and the defendant will

be served. The judge may not dismiss the proceedings and discharge

a defendant charged with an offense requiring the defendant to

~~75th Legislature, Regular Session, 1997~~]. Except as provided by

Section 12.42(g), Penal Code, a dismissal and discharge under this

section may not be deemed a conviction for the purposes of

disqualifications or disabilities imposed by law for conviction of

an offense. For any defendant who receives a dismissal and

discharge under this section:

(1) upon conviction of a subsequent offense, the fact

that the defendant had previously received community supervision

with a deferred adjudication of guilt shall be admissible before

the court or jury to be considered on the issue of penalty;

(2) if the defendant is an applicant for a license or

is a licensee under Chapter 42, Human Resources Code, the [~~Texas~~]

Department of Family and Protective [~~Human~~] Services may consider

the fact that the defendant previously has received community

supervision with a deferred adjudication of guilt under this

section in issuing, renewing, denying, or revoking a license under

that chapter; and

(3) if the defendant is a person who has applied for

registration to provide mental health or medical services for the

rehabilitation of sex offenders, the [~~Interagency~~] Council on Sex

Offender Treatment may consider the fact that the defendant has

received community supervision under this section in issuing,

renewing, denying, or revoking a license or registration issued by

that council.

SECTION 25.027. Sections 6(a) and (b), Article 42.12, Code

of Criminal Procedure, are amended to read as follows:

(a) For the purposes of this section, the jurisdiction of a

court imposing [~~in which~~] a sentence requiring imprisonment in the

[~~institutional division of the~~] Texas Department of Criminal

Justice for an offense other than a state jail felony continues [is

~~imposed by the judge of the court shall continue~~] for 180 days from

the date the execution of the sentence actually begins. Before the

expiration of 180 days from the date the execution of the sentence

actually begins, the judge of the court that imposed such sentence

may on his own motion, on the motion of the attorney representing

the state, or on the written motion of the defendant, suspend

further execution of the sentence and place the defendant on

community supervision under the terms and conditions of this

article, if in the opinion of the judge the defendant would not

benefit from further imprisonment and:

(1) the defendant is otherwise eligible for community

supervision under this article; and

(2) the defendant had never before been incarcerated

in a penitentiary serving a sentence for a felony.

(b) When the defendant or the attorney representing the

state files a written motion requesting suspension by the judge of

further execution of the sentence and placement of the defendant on

community supervision, and when requested to do so by the judge, the

clerk of the court shall request a copy of the defendant's record

while imprisoned from the [~~institutional division of the~~] Texas

Department of Criminal Justice or, if the defendant is confined in

county jail, from the sheriff. Upon receipt of such request, the

[~~institutional division of the~~] Texas Department of Criminal

Justice or the sheriff shall forward to the judge, as soon as

possible, a full and complete copy of the defendant's record while

imprisoned or confined. When the defendant files a written motion

requesting suspension of further execution of the sentence and

placement on community supervision, he shall immediately deliver or

cause to be delivered a true and correct copy of the motion to the

office of the attorney representing the state.

SECTION 25.028. Sections 8(a) and (b), Article 42.12, Code

of Criminal Procedure, are amended to read as follows:

(a) For the purposes of this section, the jurisdiction of a

court imposing [~~in which~~] a sentence requiring imprisonment in the

[~~institutional division of the~~] Texas Department of Criminal

Justice for an offense other than a state jail felony continues [is

~~imposed for conviction of a felony shall continue~~] for 180 days from

the date on which the convicted person is received into custody by

the department [~~institutional division~~]. After the expiration of

75 days but prior to the expiration of 180 days from the date on

which the convicted person is received into custody by the

department [~~institutional division~~], the judge of the court that

imposed the sentence may suspend further execution of the sentence

imposed and place the person on community supervision under the

terms and conditions of this article, if in the opinion of the judge

the person would not benefit from further imprisonment. The court

shall clearly indicate in its order recommending the placement of

the person in the state boot camp program that the court is not

retaining jurisdiction over the person for the purposes of Section

6 [~~of this article~~]. A court may recommend a person for placement

in the state boot camp program only if:

(1) the person is otherwise eligible for community

supervision under this article;

(2) the person is 17 years of age or older but younger

than 26 years and is physically and mentally capable of

participating in a program that requires strenuous physical

activity; and

(3) the person is not convicted of an offense

punishable as a state jail felony.

(b) On the 76th day after the day on which the convicted

person is received into custody by the department [~~institutional~~

~~division~~], the department [~~institutional division~~] shall send the

convicting court the record of the person's progress, conduct, and

conformity to department [~~institutional division~~] rules.

SECTION 25.029. Section 13A(a), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

(a) A court granting community supervision to a defendant

convicted of an offense for which the court has made an affirmative

finding under Article 42.014 [~~of this code~~] shall require as a term

of community supervision that the defendant:

(1) serve a term of not more than one year imprisonment

in the [~~institutional division of the~~] Texas Department of Criminal

Justice if the offense is a felony other than an offense under

Section 19.02, Penal Code; or

(2) serve a term of not more than 90 days confinement

in jail if the offense is a misdemeanor.

SECTION 25.030. Section 23(b), Article 42.12, Code of

Criminal Procedure, is amended to read as follows:

(b) No part of the time that the defendant is on community

supervision shall be considered as any part of the time that he

shall be sentenced to serve, except that on revocation, the judge

shall credit to the defendant time served by the defendant as a

condition of community supervision in a substance abuse treatment

facility operated by the Texas Department of Criminal Justice under

Section 493.009, Government Code, or another court-ordered

residential program or facility, but only if the defendant

successfully completes the treatment program in that facility. The

right of the defendant to appeal for a review of the conviction and

punishment, as provided by law, shall be accorded the defendant at

the time he is placed on community supervision. When he is notified

that his community supervision is revoked for violation of the

conditions of community supervision and he is called on to serve a

sentence in a jail or in the [~~institutional division of the~~] Texas

Department of Criminal Justice, he may appeal the revocation.

SECTION 25.031. Article X(b), Article 42.19, Code of

Criminal Procedure, is amended to read as follows:

(b) Powers. The director of the Texas Department of

Criminal Justice [~~Corrections~~] is authorized and directed to do all

things necessary or incidental to the carrying out of the compact in

every particular.

SECTION 25.032. Articles 43.101(a) and (b), Code of

Criminal Procedure, are amended to read as follows:

(a) A defendant confined in county jail awaiting trial or a

defendant confined in county jail after conviction of a felony or

revocation of community supervision, parole, or mandatory

supervision and awaiting transfer to the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice may volunteer to

participate in any work program operated by the sheriff that uses

the labor of convicted defendants.

(b) The sheriff may accept a defendant as a volunteer under

Subsection (a) [~~of this section~~] if the defendant is not awaiting

trial for an offense involving violence or is not awaiting transfer

to the [~~institutional division of the~~] Texas Department of Criminal

Justice after conviction of a felony involving violence, and if the

sheriff determines that the inmate has not engaged previously in

violent conduct and does not pose a security risk to the general

public if allowed to participate in the work program.

SECTION 25.033. Article 43.14, Code of Criminal Procedure,

is amended to read as follows:

Art. 43.14. EXECUTION OF CONVICT. Whenever the sentence of

death is pronounced against a convict, the sentence shall be

executed at any time after the hour of 6 p.m. on the day set for the

execution, by intravenous injection of a substance or substances in

a lethal quantity sufficient to cause death and until such convict

is dead, such execution procedure to be determined and supervised

by the director [~~Director~~] of the correctional institutions

[~~institutional~~] division of the Texas Department of Criminal

Justice.

SECTION 25.034. Article 43.18, Code of Criminal Procedure,

is amended to read as follows:

Art. 43.18. EXECUTIONER. The director [~~Director~~] of the

Texas Department of Criminal Justice [~~Corrections,~~] shall

designate an executioner to carry out the death penalty provided by

law.

SECTION 25.035. Article 43.19, Code of Criminal Procedure,

is amended to read as follows:

Art. 43.19. PLACE OF EXECUTION. The execution shall take

place at a location designated by the Texas Department of Criminal

Justice [~~Corrections~~] in a room arranged for that purpose.

SECTION 25.036. Article 44.251(b), Code of Criminal

Procedure, is amended to read as follows:

(b) The court of criminal appeals shall reform a sentence of

death to a sentence of confinement in the [~~institutional division~~

~~of the~~] Texas Department of Criminal Justice for life without

parole if:

(1) the court finds reversible error that affects the

punishment stage of the trial other than a finding of insufficient

evidence under Subsection (a) [~~of this article~~]; and

(2) within 30 days after the date on which the opinion

is handed down, the date the court disposes of a timely request for

rehearing, or the date that the United States Supreme Court

disposes of a timely filed petition for writ of certiorari,

whichever date is later, the prosecuting attorney files a motion

requesting that the sentence be reformed to confinement for life

without parole.

SECTION 25.037. Articles 44.2511(b) and (c), Code of

Criminal Procedure, are amended to read as follows:

(b) The court of criminal appeals shall reform a sentence of

death to a sentence of confinement in the [~~institutional division~~

~~of the~~] Texas Department of Criminal Justice for life if the court

finds that there is legally insufficient evidence to support an

affirmative answer to an issue submitted to the jury under Section

3(b), Article 37.0711.

death to a sentence of confinement in the [~~institutional division~~

~~of the~~] Texas Department of Criminal Justice for life if:

(1) the court finds reversible error that affects the

punishment stage of the trial other than a finding of insufficient

evidence under Subsection (b); and

(2) within 30 days after the date on which the opinion

is handed down, the date the court disposes of a timely request for

rehearing, or the date that the United States Supreme Court

disposes of a timely filed petition for writ of certiorari,

whichever date is later, the prosecuting attorney files a motion

requesting that the sentence be reformed to confinement for life.

SECTION 25.038. Articles 56.03(a), (b), and (h), Code of

Criminal Procedure, are amended to read as follows:

(a) The Texas Crime Victim Clearinghouse, with the

participation of the community justice assistance division of the

Texas Department of Criminal Justice [~~Texas Adult Probation~~

~~Commission~~] and the Board of Pardons and Paroles, shall develop a

form to be used by law enforcement agencies, prosecutors, and other

participants in the criminal justice system to record the impact of

an offense on a victim of the offense, guardian of a victim, or a

close relative of a deceased victim and to provide the agencies,

prosecutors, and participants with information needed to contact

the victim, guardian, or relative if needed at any stage of a

prosecution of a person charged with the offense. The Texas Crime

Victim Clearinghouse, with the participation of the community

justice assistance division of the Texas Department of Criminal

Justice [~~Texas Adult Probation Commission~~] and the Board of Pardons

and Paroles, shall also develop a victims' information booklet that

provides a general explanation of the criminal justice system to

victims of an offense, guardians of victims, and relatives of

deceased victims.

(b) The victim impact statement must be in a form designed

to inform a victim, guardian of a victim, or a close relative of a

deceased victim with a clear statement of rights provided by

Article 56.02 [~~of this code~~] and to collect the following

information:

(1) the name of the victim of the offense or, if the

victim has a legal guardian or is deceased, the name of a guardian

or close relative of the victim;

(2) the address and telephone number of the victim,

guardian, or relative through which the victim, guardian of a

victim, or a close relative of a deceased victim, may be contacted;

(3) a statement of economic loss suffered by the

victim, guardian, or relative as a result of the offense;

(4) a statement of any physical or psychological

injury suffered by the victim, guardian, or relative as a result of

the offense, as described by the victim, guardian, relative, or by a

physician or counselor;

(5) a statement of any psychological services

requested as a result of the offense;

(6) a statement of any change in the victim's,

guardian's, or relative's personal welfare or familial relationship

as a result of the offense;

(7) a statement as to whether or not the victim,

guardian, or relative wishes to be notified in the future of any

parole hearing for the defendant and an explanation as to the

procedures by which the victim, guardian, or relative may obtain

information concerning the release of the defendant from the Texas

Department of Criminal Justice [~~Corrections~~]; and

(8) any other information, other than facts related to

the commission of the offense, related to the impact of the offense

on the victim, guardian, or relative.

(h) Not later than December 1 of each odd-numbered year, the

Texas Crime Victim Clearinghouse, with the participation of the

community justice assistance division of the Texas Department of

Criminal Justice [~~Texas Adult Probation Commission~~] and the Board

of Pardons and Paroles, shall update the victim impact statement

form and any other information provided by the commission to

victims, guardians of victims, and relatives of deceased victims,

if necessary, to reflect changes in law relating to criminal

justice and the rights of victims and guardians and relatives of

victims.

SECTION 25.039. Article 56.04(e), Code of Criminal

Procedure, is amended to read as follows:

(e) The victim assistance coordinator shall send a copy of a

victim impact statement to the court sentencing the defendant. If

the court sentences the defendant to imprisonment in the Texas

Department of Criminal Justice [~~Corrections~~], it shall attach the

copy of the victim impact statement to the commitment papers.

SECTION 25.040. Article 56.05(a), Code of Criminal

Procedure, is amended to read as follows:

(a) The Board of Pardons and Paroles, the community justice

assistance division of the Texas Department of Criminal Justice

[~~Texas Adult Probation Commission~~], and the Texas Crime Victim

Clearinghouse, designated as the planning body for the purposes of

this article, shall develop a survey plan to maintain statistics on

the numbers and types of persons to whom state and local agencies

provide victim impact statements during each year.

SECTION 25.041. Articles 56.08(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) Not later than the 10th day after the date that an

indictment or information is returned against a defendant for an

offense, the attorney representing the state shall give to each

victim of the offense a written notice containing:

(1) a brief general statement of each procedural stage

in the processing of a criminal case, including bail, plea

bargaining, parole restitution, and appeal;

(2) notification of the rights and procedures under

this chapter;

(3) suggested steps the victim may take if the victim

is subjected to threats or intimidation;

(4) notification of the right to receive information

regarding compensation to victims of crime as provided by

Subchapter B [~~of this chapter~~], including information about:

(A) the costs that may be compensated under

Subchapter B [~~of this chapter~~], eligibility for compensation, and

procedures for application for compensation under Subchapter B of

this chapter;

(B) the payment for a medical examination for a

victim of a sexual assault under Article 56.06 [~~of this code~~]; and

agencies that may offer additional assistance;

(5) the name, address, and phone number of the local

victim assistance coordinator;

(6) the case number and assigned court for the case;

(7) the right to file a victim impact statement with

the office of the attorney representing the state and the [~~pardons~~

~~and paroles division of the~~] Texas Department of Criminal Justice;

and

(8) notification of the right of a victim, guardian of

a victim, or close relative of a deceased victim, as defined by

Section 508.117, Government Code, to appear in person before a

member of the Board of Pardons and Paroles as provided by Section

508.153, Government Code.

~~this article~~] and who chooses to receive other notice under law

about the same case must keep the following persons informed of the

victim's current address and phone number:

(1) the attorney representing the state; and

(2) the [~~pardons and paroles division of the~~] Texas

Department of Criminal Justice if after sentencing the defendant is

confined in the department [~~institutional division~~].

SECTION 25.042. Articles 56.12(a), (a-1), and (c), Code of

Criminal Procedure, are amended to read as follows:

(a) The Texas Department of Criminal Justice shall

immediately notify the victim of an offense, the victim's guardian,

or the victim's close relative, if the victim is deceased, if the

victim, victim's guardian, or victim's close relative has notified

the department [~~institutional division~~] as provided by Subsection

(b) [~~of this article~~], whenever the defendant:

(1) escapes from a facility operated by the department

for the imprisonment of individuals convicted of felonies other

than state jail felonies [~~institutional division~~]; or

(2) is transferred from the custody of a facility

operated by the department for the imprisonment of individuals

convicted of felonies other than state jail felonies [~~institutional~~

~~division~~] to the custody of a peace officer under a writ of

attachment or a bench warrant.

(a-1) The Texas Department of Criminal Justice shall

immediately notify a witness who testified against a defendant at

the trial for the offense for which the defendant is incarcerated,

the witness's guardian, or the witness's close relative, if the

witness is deceased, if the witness, witness's guardian, or

witness's close relative has notified the department

[~~institutional division~~] as provided by Subsection (b), whenever

the defendant:

(1) escapes from a facility operated by the department

for the imprisonment of individuals convicted of felonies other

than state jail felonies [~~institutional division~~]; or

(2) is transferred from the custody of a facility

operated by the department for the imprisonment of individuals

convicted of felonies other than state jail felonies [~~institutional~~

~~division~~] to the custody of a peace officer under a writ of

attachment or a bench warrant.

(a-1)(2), the department [~~institutional division~~] shall include

the name, address, and telephone number of the peace officer

receiving the defendant into custody. On returning the defendant

to the custody of the department [~~institutional division~~], the

victim services division of the department [~~Texas Department of~~

~~Criminal Justice~~] shall notify the victim, witness, guardian, or

close relative, as applicable, of that fact.

SECTION 25.043. Article 59.02(f), Code of Criminal

Procedure, is amended to read as follows:

(f) Any property that is contraband and has been seized by

the [~~institutional division of the~~] Texas Department of Criminal

Justice shall be forfeited to the department [~~institutional~~

~~division~~] under the same rules and conditions as for other

forfeitures.

SECTION 25.044. Article 60.052(c), Code of Criminal

Procedure, is amended to read as follows:

to the handling of offenders must include the following information

about each imprisonment, confinement, or execution of an offender:

(1) the date of the imprisonment or confinement;

(2) if the offender was sentenced to death:

(A) the date of execution; and

(B) if the death sentence was commuted, the

sentence to which the sentence of death was commuted and the date of

commutation;

(3) the date the offender was released from

imprisonment or confinement and whether the release was a discharge

or a release on parole or mandatory supervision;

(4) if the offender is released on parole or mandatory

supervision:

(A) the offense for which the offender was

convicted by offense code and incident number;

(B) the date the offender was received by an

office of the parole [~~Board of Pardons and Paroles~~] division;

while under supervision;

(D) any program in which an offender is placed or

has previously been placed and the level of supervision the

offender is placed on while under the jurisdiction of the parole

[~~Board of Pardons and Paroles~~] division;

(E) the date a program described by Paragraph (D)

[~~of this subdivision~~] begins, the date the program ends, and

whether the program was completed successfully;

(F) the date a level of supervision described by

Paragraph (D) [~~of this subdivision~~] begins and the date the level of

supervision ends;

(G) if the offender's release status is revoked,

the reason for the revocation and the date of revocation;

(H) the expiration date of the sentence; and

(I) the date of the offender's release from the

parole [~~Board of Pardons and Paroles~~] division or the date on which

the offender is granted clemency; and

(5) if the offender is released under Section 6(a),

Article 42.12, [~~of this code,~~] the date of the offender's release.

SECTION 25.045. Article 60.08(e), Code of Criminal

Procedure, is amended to read as follows:

(e) A court that orders the release of an offender under

Section 6(a), Article 42.12, [~~of this code~~] at a time when the

offender is under a bench warrant and not physically imprisoned in

the Texas Department of Criminal Justice [~~institutional division~~]

shall report the release to the department [~~institutional division~~

~~of the Texas Department of Criminal Justice~~] not later than the

seventh day after the date of the release.

SECTION 25.046. Article 61.07(c), Code of Criminal

Procedure, is amended to read as follows:

removed from an intelligence database under Subsection (b), the

two-year period does not include any period during which the child

who is the subject of the information is:

(1) committed to the Texas Youth Commission for

conduct that violates a penal law of the grade of felony; or

(2) confined in the [~~institutional division or the~~

~~state jail division of the~~] Texas Department of Criminal Justice.

SECTION 25.047. Article 61.08(d), Code of Criminal

Procedure, is amended to read as follows:

(d) A person who is committed to the Texas Youth Commission

or confined in the [~~institutional division or the state jail~~

~~division of the~~] Texas Department of Criminal Justice does not

while committed or confined have the right to request review of

criminal information under this article.

SECTION 25.048. Article 62.053(d), Code of Criminal

Procedure, is amended to read as follows:

(d) If a person who has a reportable conviction described by

Article 62.001(5)(H) or (I) is placed under the supervision of the

parole [~~pardons and paroles~~] division of the Texas Department of

Criminal Justice or a community supervision and corrections

department under Section 510.017, Government Code [~~Article 42.11~~],

the division or community supervision and corrections department

shall conduct the prerelease notification and registration

requirements specified in this article on the date the person is

placed under the supervision of the division or community

supervision and corrections department. If a person who has a

reportable adjudication of delinquent conduct described by Article

62.001(5)(H) or (I) is, as permitted by Section 60.002, Family

Code, placed under the supervision of the Texas Youth Commission, a

public or private vendor operating under contract with the Texas

Youth Commission, a local juvenile probation department, or a

juvenile secure pre-adjudication or post-adjudication facility,

the commission, vendor, probation department, or facility shall

conduct the prerelease notification and registration requirements

specified in this article on the date the person is placed under the

supervision of the commission, vendor, probation department, or

facility.

SECTION 25.049. Section 31.201(b), Education Code, is

amended to read as follows:

(b) The commissioner, as provided by rules adopted by the

State Board of Education, shall make available on request copies of

discontinued textbooks, other than electronic textbooks, for use in

libraries maintained in municipal and county jails, [~~and~~]

facilities operated by [of] the [~~institutional division of the~~]

Texas Department of Criminal Justice for the imprisonment of

individuals convicted of felonies other than state jail felonies,

and other state agencies.

SECTION 25.050. Section 38.008, Education Code, is amended

to read as follows:

Sec. 38.008. POSTING OF STEROID LAW NOTICE. Each school in

a school district in which there is a grade level of seven or higher

shall post in a conspicuous location in the school gymnasium and

each other place in a building where physical education classes are

conducted the following notice:

Anabolic steroids are for medical use only.

State law prohibits possessing, dispensing,

delivering, or administering an anabolic steroid in

any manner not allowed by state law. State law

provides that body building, muscle enhancement, or

the increase of muscle bulk or strength through the use

of an anabolic steroid or human growth hormone by a

person who is in good health is not a valid medical

purpose. Only a medical doctor may prescribe an

anabolic steroid or human growth hormone for a person.

A violation of state law concerning anabolic steroids

or human growth hormones is a criminal offense

punishable by confinement in jail or imprisonment in

the [~~institutional division of the~~] Texas Department

of Criminal Justice.

SECTION 25.051. Section 51.921, Education Code, is amended

to read as follows:

Sec. 51.921. POSTING OF STEROID LAW NOTICE. Each public

institution of higher education shall post in a conspicuous

location in each gymnasium at the institution the following notice:

Anabolic steroids and growth hormones are for

medical use only. State law prohibits the possession,

dispensing, delivery, or administering of an anabolic

steroid or growth hormone in any manner not allowed by

state law. State law provides that body building,

muscle enhancement, or increasing muscle bulk or

strength through the use of an anabolic steroid by a

person who is in good health is not a valid medical

purpose. Only a medical doctor may prescribe an

anabolic steroid or human growth hormone for a person.

A violation of state law concerning anabolic steroids

or human growth hormones is a criminal offense

punishable by confinement in jail or imprisonment in

the Texas Department of Criminal Justice

[~~Corrections~~].

SECTION 25.052. Section 52.40(a), Education Code, is

amended to read as follows:

(a) The board may cancel the repayment of a loan received by

a student who earns a doctorate of psychology degree and who, prior

to the date on which repayment of the loan is to commence, is

employed by the Department of Aging and Disability Services, the

Department of State Health Services, or the Health and Human

Services Commission and performs duties formerly performed by

employees of the Texas Department of Human Services or Texas

Department of Mental Health and Mental Retardation, the Texas Youth

Commission, or the [~~Texas Department of Human Services,~~] Texas

Department of Criminal Justice [~~Corrections, or Texas Department of~~

~~Mental Health and Mental Retardation prior to the date on which~~

~~repayment of the loan is to commence~~].

SECTION 25.053. Section 61.532(a), Education Code, is

amended to read as follows:

(a) To be eligible to receive repayment assistance, a

physician must apply to the coordinating board and have completed

at least one year of medical practice:

(1) in private practice in an economically depressed

or rural medically underserved area of the state;

(2) for one of the following state agencies:

(A) Texas Department of Health;

(B) Texas Department of Mental Health and Mental

Retardation;

[~~Corrections~~]; or

(D) Texas Youth Commission; or

(3) for an approved family practice residency training

program established under Subchapter I as a clinical faculty member

and have completed training in an approved family practice

residency training program on or after July 1, 1994.

SECTION 25.054. Section 88.109, Education Code, is amended

to read as follows:

Sec. 88.109. USE OF CERTAIN DEPARTMENT OF CRIMINAL JUSTICE

[~~CORRECTIONS~~] LAND FOR REFORESTATION. The several tracts of land

in Cherokee County near Maydelle, consisting of approximately 2,150

acres, owned by the Texas Department of Criminal Justice

[~~Corrections~~], is set aside for reforestation purposes to be used

by Texas A&M University to demonstrate reforestation work.

SECTION 25.055. Section 1001.555(d), Education Code, is

amended to read as follows:

(d) An offense under this section is a felony punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term not to exceed five years.

SECTION 25.056. Section 6.004(a), Family Code, is amended

to read as follows:

(a) The court may grant a divorce in favor of one spouse if

during the marriage the other spouse:

(1) has been convicted of a felony;

(2) has been imprisoned for at least one year in the

Texas Department of Criminal Justice [~~state penitentiary~~], a

federal penitentiary, or the penitentiary of another state; and

(3) has not been pardoned.

SECTION 25.057. Section 45.103(b), Family Code, is amended

to read as follows:

(b) A court may order a change of name under this subchapter

for a person with a final felony conviction if, in addition to the

requirements of Subsection (a), the person has:

(1) received a certificate of discharge by the

[~~pardons and paroles division of the~~] Texas Department of Criminal

Justice or completed a period of community supervision or juvenile

probation ordered by a court and not less than two years have passed

from the date of the receipt of discharge or completion of community

supervision or juvenile probation; or

(2) been pardoned.

SECTION 25.058. Sections 54.11(a) and (i), Family Code, are

amended to read as follows:

(a) On receipt of a referral under Section 61.079(a), Human

Resources Code, for the transfer to the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice of a person committed to

the Texas Youth Commission under Section 54.04(d)(3), 54.04(m), or

54.05(f), or on receipt of a request by the commission under Section

61.081(g), Human Resources Code, for approval of the release under

supervision of a person committed to the commission under Section

54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and

place for a hearing on the release of the person.

(i) On conclusion of the hearing on a person who is referred

for transfer under Section 61.079(a), Human Resources Code, the

court may order:

(1) the return of the person to the Texas Youth

Commission; or

(2) the transfer of the person to the custody of the

[~~institutional division of the~~] Texas Department of Criminal

Justice for the completion of the person's sentence.

SECTION 25.059. Section 56.01(c), Family Code, is amended

to read as follows:

(1) except as provided by Subsection (n), by or on

behalf of a child from an order entered under:

(A) Section 54.03 with regard to delinquent

conduct or conduct indicating a need for supervision;

(B) Section 54.04 disposing of the case;

previous juvenile court disposition; or

(D) Chapter 55 by a juvenile court committing a

child to a facility for the mentally ill or mentally retarded; or

(2) by a person from an order entered under Section

54.11(i)(2) transferring the person to the custody of the

[~~institutional division of the~~] Texas Department of Criminal

Justice.

SECTION 25.060. Section 57.002(a), Family Code, is amended

to read as follows:

(a) A victim, guardian of a victim, or close relative of a

deceased victim is entitled to the following rights within the

juvenile justice system:

(1) the right to receive from law enforcement agencies

adequate protection from harm and threats of harm arising from

cooperation with prosecution efforts;

(2) the right to have the court or person appointed by

the court take the safety of the victim or the victim's family into

consideration as an element in determining whether the child should

be detained before the child's conduct is adjudicated;

(3) the right, if requested, to be informed of

relevant court proceedings, including appellate proceedings, and

to be informed in a timely manner if those court proceedings have

been canceled or rescheduled;

(4) the right to be informed, when requested, by the

court or a person appointed by the court concerning the procedures

in the juvenile justice system, including general procedures

relating to:

(A) the preliminary investigation and deferred

prosecution of a case; and

(B) the appeal of the case;

(5) the right to provide pertinent information to a

juvenile court conducting a disposition hearing concerning the

impact of the offense on the victim and the victim's family by

testimony, written statement, or any other manner before the court

renders its disposition;

(6) the right to receive information regarding

compensation to victims as provided by Subchapter B, Chapter 56,

Code of Criminal Procedure, including information related to the

costs that may be compensated under that subchapter and the amount

of compensation, eligibility for compensation, and procedures for

application for compensation under that subchapter, the payment of

medical expenses under Section 56.06, Code of Criminal Procedure,

for a victim of a sexual assault, and when requested, to referral to

available social service agencies that may offer additional

assistance;

(7) the right to be informed, upon request, of

procedures for release under supervision or transfer of the person

to the custody of the [~~pardons and paroles division of the~~] Texas

Department of Criminal Justice for parole, to participate in the

release or transfer for parole process, to be notified, if

requested, of the person's release, escape, or transfer for parole

proceedings concerning the person, to provide to the Texas Youth

Commission for inclusion in the person's file information to be

considered by the commission before the release under supervision

or transfer for parole of the person, and to be notified, if

requested, of the person's release or transfer for parole;

(8) the right to be provided with a waiting area,

separate or secure from other witnesses, including the child

alleged to have committed the conduct and relatives of the child,

before testifying in any proceeding concerning the child, or, if a

separate waiting area is not available, other safeguards should be

taken to minimize the victim's contact with the child and the

child's relatives and witnesses, before and during court

proceedings;

(9) the right to prompt return of any property of the

victim that is held by a law enforcement agency or the attorney for

the state as evidence when the property is no longer required for

that purpose;

(10) the right to have the attorney for the state

notify the employer of the victim, if requested, of the necessity of

the victim's cooperation and testimony in a proceeding that may

necessitate the absence of the victim from work for good cause;

(11) the right to be present at all public court

proceedings related to the conduct of the child as provided by

Section 54.08, subject to that section; and

(12) any other right appropriate to the victim that a

victim of criminal conduct has under Article 56.02, Code of

Criminal Procedure.

SECTION 25.061. Sections 58.007(a) and (d), Family Code,

are amended to read as follows:

(a) This section applies only to the inspection and

maintenance of a physical record or file concerning a child and the

storage of information, by electronic means or otherwise,

concerning the child from which a physical record or file could be

generated and does not affect the collection, dissemination, or

maintenance of information as provided by Subchapter B. This

section does not apply to a record or file relating to a child that

is:

(1) required or authorized to be maintained under the

laws regulating the operation of motor vehicles in this state;

(2) maintained by a municipal or justice court; or

(3) subject to disclosure under Chapter 62, Code of

Criminal Procedure[~~, as added by Chapter 668, Acts of the 75th~~

~~Legislature, Regular Session, 1997~~].

(d) The law enforcement files and records of a person who is

transferred from the Texas Youth Commission to the [~~institutional~~

~~division or the pardons and paroles division of the~~] Texas

Department of Criminal Justice may be transferred to a central

state or federal depository for adult records on or after the date

of transfer.

SECTION 25.062. Section 89.101(b), Finance Code, is amended

to read as follows:

(b) An offense under Subsection (a) is punishable by:

(1) a fine not to exceed $2,500;

(2) imprisonment in the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice for not more than two

years; or

(3) both the fine and imprisonment.

SECTION 25.063. Section 22.012(a), Government Code, is

amended to read as follows:

(a) Each attorney representing the state in the prosecution

of felonies and each district court judge shall, as an official

duty, each year complete a course of instruction related to the

diversion of offenders from confinement in the Texas Department of

Criminal Justice [~~institutional division~~].

SECTION 25.064. Section 76.003(c), Government Code, is

amended to read as follows:

justice task force to provide support staff for the development of a

community justice plan. The task force may consist of any number of

members, but should include:

(1) the county or regional director of the Texas

Department of Human Services with responsibility for the area

served by the department;

(2) the chief of police of the most populous

municipality served by the department;

(3) the chief juvenile probation officer of the

juvenile probation office serving the most populous area served by

the department;

(4) the superintendent of the most populous school

district served by the department;

(5) the supervisor of the Department of Public Safety

region closest to the department, or the supervisor's designee;

(6) the county or regional director of the Texas

Department of Mental Health and Mental Retardation with

responsibility for the area served by the department;

(7) a substance abuse treatment professional

appointed by the Council of Governments serving the area served by

the department;

(8) the department director;

(9) the local or regional representative of the parole

[~~pardons and paroles~~] division of the Texas Department of Criminal

Justice with responsibility for the area served by the department;

(10) the representative of the Texas Workforce

Commission with responsibility for the area served by the

department;

(11) the representative of the Department of Assistive

and Rehabilitative Services [~~Texas Rehabilitation Commission~~] with

responsibility for the area served by the department;

(12) a licensed attorney who practices in the area

served by the department and whose practice consists primarily of

criminal law;

(13) a court administrator, if one serves the area

served by the department;

(14) a representative of a community service

organization that provides adult treatment, educational, or

vocational services to the area served by the department;

(15) a representative of an organization in the area

served by the department that is actively involved in issues

relating to defendants' rights, chosen by the county commissioners

and county judges of the counties served by the department; and

(16) an advocate for rights of victims of crime and

awareness of issues affecting victims.

SECTION 25.065. Section 76.010(a)(2), Government Code, is

amended to read as follows:

(2) "State jail felony facility" means a facility

operated or contracted for by the [~~state jail division of the~~] Texas

Department of Criminal Justice under Subchapter A, Chapter 507, for

the confinement of individuals convicted of state jail felonies.

SECTION 25.066. Sections 76.010(c), (e), and (f),

Government Code, are amended to read as follows:

provided by the division to the department for the purposes of

providing facilities, equipment, and utilities for community

corrections facilities or state jail felony facilities if:

(1) the community justice council recommends the

expenditures; and

(2) the division, or the correctional institutions

division of the Texas Department of Criminal Justice [~~state jail~~

~~division~~] in the case of a state jail felony facility, provides

funds for the purpose of assisting in the establishment or

improvement of the facilities.

(e) A department, county, municipality, or a combination

involving more than one of those entities may not use a facility or

real property purchased, acquired, or improved with state funds

unless the division, or the correctional institutions division of

the Texas Department of Criminal Justice [~~state jail division~~] in

the case of a state jail felony facility, first approves the use.

(f) The division or the correctional institutions division

of the Texas Department of Criminal Justice [~~state jail division~~],

in the case of a state jail felony facility, is entitled to

reimbursement from an entity described by Subsection (e) of all

state funds used by the entity without the [~~division~~] approval [as]

required by Subsection (e).

SECTION 25.067. Section 402.024(a), Government Code, is

amended to read as follows:

(a) The attorney general shall defend a state district

attorney in an action in a federal court if:

(1) the district attorney is a defendant because of

the district attorney's office;

(2) the cause of action accrued while the person

filing the action was confined in the [a] Texas Department of

Criminal Justice [~~Corrections facility~~];

(3) the district attorney requests the attorney

general's assistance in the defense; and

(4) there is no action pending against the district

attorney in which the attorney general is required to represent the

state.

SECTION 25.068. Section 403.071(f), Government Code, is

amended to read as follows:

(f) A person commits an offense if the person knowingly

makes a false certificate on a claim against the state for the

purpose of authenticating a claim against the state. An offense

under this section is punishable by imprisonment in the

[~~institutional division of the~~] Texas Department of Criminal

Justice for not less than two or more than five years.

SECTION 25.069. Section 431.081(b), Government Code, is

amended to read as follows:

(b) A person is exempt from military duty, except in case of

war, insurrection, invasion, or imminent danger of war,

insurrection, or invasion if the person is:

(1) the lieutenant governor;

(2) a member or officer of the legislature;

(3) a judge or clerk of a court of record;

(4) a head of a state agency;

(5) a sheriff, district attorney, county attorney,

county tax assessor-collector, or county commissioner;

(6) a mayor, council member, alderman, or assessor and

collector of a municipality;

(7) an officer or employee of the Texas Department of

Criminal Justice [~~Corrections~~], a state hospital or special school,

a public or private hospital, or a nursing home;

(8) a member of a regularly organized and paid fire or

police department in a municipality, except that a person is not

relieved of military duty by joining such a department;

(9) a minister of the gospel exclusively engaged in

that calling; or

(10) a person who conscientiously scruples against

bearing arms.

SECTION 25.070. Section 434.037, Government Code, is

amended to read as follows:

Sec. 434.037. ACCESS TO RECORDS. A state eleemosynary or

penal institution shall give an officer access to its records to

enable the officer to determine the status of a person confined in

the institution relating to a benefit to which the person may be

entitled. Access to records of a penal institution is governed by

rules of the Texas Department of Criminal Justice [~~Corrections~~].

SECTION 25.071. Section 551.080, Government Code, is

amended to read as follows:

Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter

does not require the Board of Pardons and Paroles to conduct an open

meeting to interview or counsel an inmate of [~~a facility of the~~

~~institutional division of~~] the Texas Department of Criminal

Justice.

SECTION 25.072. Section 557.001(b), Government Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by:

(1) a fine not to exceed $20,000;

(2) confinement in the [~~institutional division of the~~]

Texas Department of Criminal Justice for a term of not less than one

year or more than 20 years; or

(3) both fine and imprisonment.

SECTION 25.073. Section 557.011(b), Government Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

confinement in the [~~institutional division of the~~] Texas Department

of Criminal Justice for a term of not less than two years or more

than 20 years.

SECTION 25.074. Section 557.012(b), Government Code, is

amended to read as follows:

(b) An offense under this section is punishable by:

(1) death; or

(2) confinement in the [~~institutional division of the~~]

Texas Department of Criminal Justice for:

(A) life; or

(B) a term of not less than two years.

SECTION 25.075. Section 615.003, Government Code, is

amended to read as follows:

Sec. 615.003. APPLICABILITY. This chapter applies only to

eligible survivors of the following individuals:

(1) an individual elected, appointed, or employed as a

peace officer by the state or a political subdivision of the state

under Article 2.12, Code of Criminal Procedure, or other law;

(2) a paid probation officer appointed by the director

of a community supervision and corrections department who has the

duties set out in Section 76.002 and the qualifications set out in

Section 76.005, or who was appointed in accordance with prior law;

(3) a parole officer employed by the [~~pardons and~~

~~paroles division of the~~] Texas Department of Criminal Justice who

has the duties set out in Section 508.001 and the qualifications set

out in Section 508.113 or in prior law;

(4) a paid jailer;

(5) a member of an organized police reserve or

auxiliary unit who regularly assists peace officers in enforcing

criminal laws;

(6) a member of the class of employees of the

correctional institutions [~~institutional~~] division [~~or the state~~

~~jail division of the Texas Department of Criminal Justice~~] formally

designated as custodial personnel under Section 615.006 by the

Texas Board of Criminal Justice or its predecessor in function;

(7) a jailer or guard of a county jail who is appointed

by the sheriff and who:

(A) performs a security, custodial, or

supervisory function over the admittance, confinement, or

discharge of prisoners; and

(B) is certified by the Commission on Law

Enforcement Officer Standards and Education;

(8) a juvenile correctional employee of the Texas

Youth Commission;

(9) an employee of the Department of Aging and

Disability Services or Department of State Health Services [~~Texas~~

~~Department of Mental Health and Mental Retardation~~] who:

(A) works at the department's maximum security

unit; or

(B) performs on-site services for the Texas

Department of Criminal Justice;

(10) an individual who is employed by the state or a

political or legal subdivision and is subject to certification by

the Texas Commission on Fire Protection;

(11) an individual employed by the state or a

political or legal subdivision whose principal duties are aircraft

crash and rescue fire fighting;

(12) a member of an organized volunteer fire-fighting

unit that:

(A) renders fire-fighting services without

remuneration; and

(B) conducts a minimum of two drills each month,

each two hours long;

(13) an individual who:

(A) performs emergency medical services or

operates an ambulance;

(B) is employed by a political subdivision of the

state or is an emergency medical services volunteer as defined by

Section 773.003, Health and Safety Code; and

or at a higher level of training under Section 773.046, 773.047,

773.048, 773.049, or 773.0495, Health and Safety Code; or

(14) an individual who is employed or formally

designated as a chaplain for:

(A) an organized volunteer fire-fighting unit or

other fire department of this state or of a political subdivision of

this state;

(B) a law enforcement agency of this state or of a

political subdivision of this state; or

SECTION 25.076. Section 615.121(a), Government Code, is

amended to read as follows:

(a) The state shall pay the following benefits to an

eligible surviving spouse of a peace officer or an employee of the

[~~institutional division or state jail division of the~~] Texas

Department of Criminal Justice, as described by Section 615.003(1)

or (6), who was killed in the line of duty and who had not qualified

for an annuity under an employees' retirement plan:

(1) funeral expenses related to the deceased officer

or employee; and

(2) monthly payments that equal the greater of:

(A) the monthly annuity payment the deceased

officer or employee would have received if the officer or employee

had survived, had retired on the last day of the month in which the

officer or employee died, and had been eligible to receive an

annuity under an employees' retirement plan; or

(B) the minimum monthly annuity payment the

deceased officer or employee would have received if the officer or

employee had been employed by the state for 10 years, had been paid

a salary at the lowest amount provided by the General

Appropriations Act for a position of peace officer or employee of

the [~~institutional division or state jail division of the~~] Texas

Department of Criminal Justice, as described by Section 615.003(1)

or (6), and had been eligible to retire under the Employees

Retirement System of Texas.

SECTION 25.077. Section 615.122, Government Code, is

amended to read as follows:

Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an

eligible surviving spouse who would be entitled to benefits under

Section 615.121 does not exist but one or more eligible surviving

minor children of the deceased peace officer or employee of the

[~~institutional division or state jail division of the~~] Texas

Department of Criminal Justice, as described by Section 615.003(1)

or (6), do exist, the state shall pay to the guardian or other legal

representative of those children the funeral expenses of the

deceased officer or employee.

SECTION 25.078. Section 618.009(b), Government Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for any term of not more than seven

years or less than two years.

SECTION 25.079. Section 659.301(5), Government Code, is

amended to read as follows:

(5) "State employee" means an individual who:

(A) is a commissioned law enforcement officer of

the Department of Public Safety, the Texas Facilities [~~General~~

~~Services~~] Commission, the Texas Alcoholic Beverage Commission, or

the [~~institutional division of the~~] Texas Department of Criminal

Justice;

(B) is a commissioned security officer of the

comptroller;

the Parks and Wildlife Commission;

(D) is a commissioned peace officer of an

institution of higher education;

(E) is an employee or official of the Board of

Pardons and Paroles or the parole [~~pardons and paroles~~] division of

the Texas Department of Criminal Justice if the employee or

official has routine direct contact with inmates of any penal or

correctional institution or with administratively released

prisoners subject to the board's jurisdiction;

(F) has been certified to the Employees

Retirement System of Texas under Section 815.505 as having begun

employment as a law enforcement officer or custodial officer,

unless the individual has been certified to the system as having

ceased employment as a law enforcement officer or custodial

officer; or

(G) before May 29, 1987, received hazardous duty

pay based on the terms of any state law if the individual holds a

position designated under that law as eligible for the pay.

SECTION 25.080. Section 791.021, Government Code, is

amended to read as follows:

Sec. 791.021. CONTRACTS FOR REGIONAL CORRECTIONAL

FACILITIES. The parties to an interlocal contract may contract

with the [~~institutional division of the~~] Texas Department of

Criminal Justice for the construction, operation, and maintenance

of a regional correctional facility if:

(1) title to the land on which the facility is to be

constructed is deeded to the department [~~institutional division~~];

and

(2) the parties execute a contract relating to the

payment of costs for housing, maintenance, and rehabilitative

treatment of persons held in jails who cannot otherwise be

transferred under authority of existing statutes to the direct

responsibility of the department [~~institutional division~~].

SECTION 25.081. Section 811.001(8), Government Code, is

amended to read as follows:

(8) "Custodial officer" means a member of the

retirement system who is employed by the Board of Pardons and

Paroles or the Texas Department of Criminal Justice as a parole

officer or caseworker or who is employed by the correctional

institutions [~~institutional~~] division [~~or the state jail division~~]

of the Texas Department of Criminal Justice and certified by the

department as having a normal job assignment that requires frequent

or infrequent regularly planned contact with, and in close

proximity to, inmates or defendants of the correctional

institutions [~~institutional~~] division [~~or inmates or defendants~~

~~confined in the state jail division~~] without the protection of

bars, doors, security screens, or similar devices and includes

assignments normally involving supervision or the potential for

supervision of inmates in inmate housing areas, educational or

recreational facilities, industrial shops, kitchens, laundries,

medical areas, agricultural shops or fields, or in other areas on or

away from property of the department [~~institutional division or the~~

~~state jail division~~]. The term includes a member who transfers from

the Texas Department of Criminal Justice to the managed health care

unit of The University of Texas Medical Branch or the Texas Tech

University Health Sciences Center pursuant to Section 9.01, Chapter

238, Acts of the 73rd Legislature, 1993, elects at the time of

transfer to retain membership in the retirement system, and is

certified by the managed health care unit or the health sciences

center as having a normal job assignment described by this

subdivision.

SECTION 25.082. Section 811.102(a), Government Code, is

amended to read as follows:

(a) An offense under Section 811.101(a) or 811.101(b) is a

felony punishable by imprisonment in the Texas Department of

Criminal Justice [~~Corrections~~] for not less than one nor more than

five years.

SECTION 25.083. Sections 813.506(a) and (b), Government

Code, are amended to read as follows:

(a) The Texas Department of Criminal Justice, the managed

health care unit of The University of Texas Medical Branch, and the

Texas Tech University Health Sciences Center by rule shall adopt

standards for determining eligibility for service credit as a

custodial officer, based on the need to encourage early retirement

of persons whose duties are hazardous and require them to have

routine contact with inmates of or defendants confined in [~~the~~

~~state jail division of~~] the Texas Department of Criminal Justice on

a regular basis.

(b) To be creditable as custodial officer service, service

performed must be performed as a parole officer or caseworker or

must meet the requirements of the rules adopted under Subsection

(a) and be performed by persons in one of the following job

categories:

(1) all persons classified as Correctional Officer I

through warden, including training officers and special operations

reaction team officers;

(2) all other employees assigned to work on a unit and

whose jobs require routine contact with inmates or defendants

[~~confined in the state jail division~~], including but not limited to

farm managers, livestock supervisors, maintenance foremen, shop

foremen, medical assistants, food service supervisors, stewards,

education consultants, commodity specialists, and correctional

counselors;

(3) employees assigned to administrative offices

whose jobs require routine contact with inmates or defendants

[~~confined in the state jail division~~] at least 50 percent of the

time, including but not limited to investigators, compliance

monitors, accountants routinely required to audit unit operations,

sociologists, interviewers, classification officers, and

supervising counselors; and

(4) administrative positions whose jobs require

response to emergency situations involving inmates or defendants

[~~confined in the state jail division~~], including but except as

specified not limited to the director, deputy directors, assistant

directors, and not more than 25 administrative duty officers.

SECTION 25.084. Section 821.102(a), Government Code, is

amended to read as follows:

(a) An offense under Section 821.101(a) or 821.101(b) is a

felony punishable by imprisonment in the Texas Department of

Criminal Justice [~~Corrections~~] for not less than one nor more than

five years.

SECTION 25.085. Section 1232.114(b), Government Code, is

amended to read as follows:

(b) This section does not apply to a minor renovation,

repair, or construction project at a facility operated by [~~of the~~

~~institutional division of~~] the Texas Department of Criminal Justice

for the imprisonment of individuals convicted of felonies other

than state jail felonies, as defined by the department [~~division~~]

in cooperation with the commission. Instead of submitting a

project analysis, the department [~~division~~] may substitute the

master plan required to be submitted by Section 1401.121 if the

master plan contains information substantially equivalent to the

information required to be in a project analysis under Sections

2166.151-2166.155.

SECTION 25.086. Section 1401.121(a), Government Code, is

amended to read as follows:

(a) Unless the [~~institutional division of the~~] Texas

Department of Criminal Justice has submitted to the Bond Review

Board a master plan for the construction of corrections facilities,

the proceeds of bonds issued under this chapter may not be:

(1) distributed to the department [~~division~~]; or

(2) used to finance a project of the correctional

institutions division of the department.

SECTION 25.087. Section 2001.223, Government Code, is

amended to read as follows:

Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT

ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and

Subchapters C through H do not apply to:

(1) except as provided by Section 531.019, the

granting, payment, denial, or withdrawal of financial or medical

assistance or benefits under service programs that were operated by

the former Texas Department of Human Services before September 1,

2003, and are operated on and after that date by the Health and

Human Services Commission or a health and human services agency, as

defined by Section 531.001;

(2) action by the Banking Commissioner or the Finance

Commission of Texas regarding the issuance of a state bank or state

trust company charter for a bank or trust company to assume the

assets and liabilities of a financial institution that the

commissioner considers to be in hazardous condition as defined by

Section 31.002(a) or 181.002(a), Finance Code, as applicable;

(3) a hearing or interview conducted by the Board of

Pardons and Paroles or the [~~pardons and paroles division of the~~]

Texas Department of Criminal Justice relating to the grant,

rescission, or revocation of parole or other form of administrative

release; or

(4) the suspension, revocation, or termination of the

certification of a breath analysis operator or technical supervisor

under the rules of the Department of Public Safety.

SECTION 25.088. Section 2166.003(b), Government Code, is

amended to read as follows:

(b) Only Sections 2166.104, 2166.151, 2166.152, 2166.153,

2166.154, 2166.155, 2166.251, 2166.252, and Subchapter H apply to a

construction project undertaken by or for [~~the institutional~~

~~division of~~] the Texas Department of Criminal Justice for the

imprisonment of individuals convicted of felonies other than state

jail felonies.

SECTION 25.089. Section 2303.402(c), Government Code, is

amended to read as follows:

disadvantaged individual is an individual who:

(1) was unemployed for at least three months before

obtaining employment with the qualified business;

(2) receives public assistance benefits, including

welfare payments or food stamps, based on need and intended to

alleviate poverty;

(3) is a low-income individual, as defined by Section

101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));

(4) is an individual with a disability, as defined by

29 U.S.C. Section 705(20)(A);

(5) is an inmate, as defined by Section 498.001;

(6) is entering the workplace after being confined in

a facility operated by [~~the institutional division of the Texas~~

~~Department of Criminal Justice~~] or under contract with the Texas

Department of Criminal Justice for the imprisonment of individuals

convicted of felonies other than state jail felonies;

(7) has been released by the Texas Youth Commission

and is on parole, if state law provides for such a person to be on

parole; or

(8) meets the current low income or moderate income

limits developed under Section 8, United States Housing Act of 1937

(42 U.S.C. Section 1437f et seq.).

SECTION 25.090. Section 2308.312, Government Code, is

amended to read as follows:

Sec. 2308.312. CAREER DEVELOPMENT CENTERS. (a) A board

shall establish career development centers accessible to students,

workers, and persons formerly sentenced to the [~~institutional~~

~~division or state jail division of the~~] Texas Department of

Criminal Justice throughout the workforce development area. The

board shall establish the centers not later than the 180th day after

the date the board is certified.

(b) Each center shall provide access to information and

services available in the workforce development area, including

employment services, and shall address the individual needs of

students, workers, and persons formerly sentenced to the Texas

Department of Criminal Justice [~~institutional division or state~~

~~jail division~~].

(1) labor market information, including:

(A) available job openings; and

(B) education and training opportunities in the

local area, in the state, and, as feasible, in the nation;

(2) uniform eligibility requirements and application

procedures for all workforce training and services;

(3) independent assessment of individual needs and the

development of an individual service strategy;

(4) centralized and continuous case management and

counseling;

(5) individual referral for services, including basic

education, classroom skills training, on-the-job training, and

customized training;

(6) support services, including child care

assistance, student loans, and other forms of financial assistance

required to participate in and complete training; and

(7) job training and employment assistance for persons

formerly sentenced to the Texas Department of Criminal Justice

[~~institutional division or state jail division~~], provided in

cooperation with Project RIO.

SECTION 25.091. Section 61.003(f), Health and Safety Code,

is amended to read as follows:

(f) For purposes of this chapter, a person who is an inmate

or resident of a state school or institution operated by the Texas

Department of Criminal Justice [~~Corrections~~], [~~Texas~~] Department

of Aging and Disability Services [~~Mental Health and Mental~~

~~Retardation~~], Department of State Health Services, Texas Youth

Commission, Texas School for the Blind, Texas School for the Deaf,

or any other state agency or who is an inmate, patient, or resident

of a school or institution operated by a federal agency is not

considered a resident of a hospital district or of any governmental

entity except the state or federal government.

SECTION 25.092. Section 161.012(a), Health and Safety Code,

is amended to read as follows:

(a) A person commits an offense if the person violates

Section 161.011. An offense under this subsection is punishable by

confinement in the Texas Department of Criminal Justice [~~state~~

~~penitentiary~~] for not more than two years, a fine of not more than

$1,000, or both.

SECTION 25.093. Section 242.003, Health and Safety Code, is

amended to read as follows:

Sec. 242.003. EXEMPTIONS. Except as otherwise provided,

this chapter does not apply to:

(1) a hotel or other similar place that furnishes only

food, lodging, or both, to its guests;

(2) a hospital;

(3) an establishment conducted by or for the adherents

of a well-recognized church or religious denomination for the

purpose of providing facilities for the care or treatment of the

sick who depend exclusively on prayer or spiritual means for

healing, without the use of any drug or material remedy, if the

establishment complies with safety, sanitary, and quarantine laws

and rules;

(4) an establishment that furnishes, in addition to

food, shelter, and laundry, only baths and massages;

(5) an institution operated by a person licensed by

the Texas Board of Chiropractic Examiners;

(6) a facility that:

(A) primarily engages in training, habilitation,

rehabilitation, or education of clients or residents;

(B) is operated under the jurisdiction of a state

or federal agency, including the Department of Assistive and

Rehabilitative Services, Department of Aging and Disability

Services, Department of State Health Services, Health and Human

Services Commission [~~Texas Rehabilitation Commission, Texas~~

~~Department of Mental Health and Mental Retardation, Texas~~

~~Department of Human Services, Texas Commission for the Blind, Texas~~

~~Commission on Alcohol and Drug Abuse~~], [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice, and Department of

Veterans Affairs [~~the Veteran's Administration~~]; and

evaluation as meeting the standards established by the state or

federal agency;

(7) a foster care type residential facility that

serves fewer than five persons and operates under rules adopted by

the Texas Department of Human Services or the executive

commissioner of the Health and Human Services Commission, as

applicable; and

(8) a facility licensed under Chapter 252 or exempt

from licensure under Section 252.003.

SECTION 25.094. Section 252.003, Health and Safety Code, is

amended to read as follows:

Sec. 252.003. EXEMPTIONS. Except as otherwise provided by

this chapter, this chapter does not apply to an establishment that:

(1) provides training, habilitation, rehabilitation,

or education to individuals with mental retardation or a related

condition;

(2) is operated under the jurisdiction of a state or

federal agency, including the Department of Assistive and

Rehabilitative Services, Department of Aging and Disability

Services, Department of State Health Services, Health and Human

Services Commission [~~department, the Texas Rehabilitation~~

~~Commission, the Texas Department of Mental Health and Mental~~

~~Retardation, the Texas Commission for the Blind, the Texas~~

~~Commission on Alcohol and Drug Abuse~~], [~~the institutional division~~

~~of the~~] Texas Department of Criminal Justice, and Department of

Veterans Affairs [~~or the Veterans' Administration~~];

(3) is certified through inspection or evaluation as

meeting the standards established by the state or federal agency;

and

(4) is conducted by or for the adherents of a

well-recognized church or religious denomination for the purpose of

providing facilities for the care or treatment of the sick who

depend exclusively on prayer or spiritual means for healing,

without the use of any drug or material remedy, if the establishment

complies with safety, sanitary, and quarantine laws and rules.

SECTION 25.095. Sections 481.112(e) and (f), Health and

Safety Code, are amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than 10 years, and a fine not to exceed

$100,000, if the amount of the controlled substance to which the

offense applies is, by aggregate weight, including adulterants or

dilutants, 200 grams or more but less than 400 grams.

(f) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than 15 years, and a fine not to exceed

$250,000, if the amount of the controlled substance to which the

offense applies is, by aggregate weight, including adulterants or

dilutants, 400 grams or more.

SECTION 25.096. Section 481.1121(b), Health and Safety

Code, is amended to read as follows:

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of

the controlled substance is fewer than 20;

(2) a felony of the second degree if the number of

abuse units of the controlled substance is 20 or more but fewer than

80;

(3) a felony of the first degree if the number of abuse

units of the controlled substance is 80 or more but fewer than

4,000; and

(4) punishable by imprisonment in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for life or

for a term of not more than 99 years or less than 15 years and a fine

not to exceed $250,000, if the number of abuse units of the

controlled substance is 4,000 or more.

SECTION 25.097. Section 481.113(e), Health and Safety Code,

is amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than 10 years, and a fine not to exceed

$100,000, if the amount of the controlled substance to which the

offense applies is, by aggregate weight, including adulterants or

dilutants, 400 grams or more.

SECTION 25.098. Section 481.114(e), Health and Safety Code,

is amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than 10 years, and a fine not to exceed

$100,000, if the amount of the controlled substance to which the

offense applies is, by aggregate weight, including any adulterants

or dilutants, 400 grams or more.

SECTION 25.099. Section 481.115(f), Health and Safety Code,

is amended to read as follows:

(f) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than 10 years, and a fine not to exceed

$100,000, if the amount of the controlled substance possessed is,

by aggregate weight, including adulterants or dilutants, 400 grams

or more.

SECTION 25.100. Section 481.1151(b), Health and Safety

Code, is amended to read as follows:

(b) An offense under this section is:

(1) a state jail felony if the number of abuse units of

the controlled substance is fewer than 20;

(2) a felony of the third degree if the number of abuse

units of the controlled substance is 20 or more but fewer than 80;

(3) a felony of the second degree if the number of

abuse units of the controlled substance is 80 or more but fewer than

4,000;

(4) a felony of the first degree if the number of abuse

units of the controlled substance is 4,000 or more but fewer than

8,000; and

(5) punishable by imprisonment in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for life or

for a term of not more than 99 years or less than 15 years and a fine

not to exceed $250,000, if the number of abuse units of the

controlled substance is 8,000 or more.

SECTION 25.101. Section 481.116(e), Health and Safety Code,

is amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than five years, and a fine not to exceed

$50,000, if the amount of the controlled substance possessed is, by

aggregate weight, including adulterants or dilutants, 400 grams or

more.

SECTION 25.102. Section 481.117(e), Health and Safety Code,

is amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than five years, and a fine not to exceed

$50,000, if the amount of the controlled substance possessed is, by

aggregate weight, including adulterants or dilutants, 400 grams or

more.

SECTION 25.103. Section 481.118(e), Health and Safety Code,

is amended to read as follows:

(e) An offense under Subsection (a) is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for life or for a term of not more

than 99 years or less than five years, and a fine not to exceed

$50,000, if the amount of the controlled substance possessed is, by

aggregate weight, including adulterants or dilutants, 400 grams or

more.

SECTION 25.104. Section 481.120(b), Health and Safety Code,

is amended to read as follows:

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana

delivered is one-fourth ounce or less and the person committing the

offense does not receive remuneration for the marihuana;

(2) a Class A misdemeanor if the amount of marihuana

delivered is one-fourth ounce or less and the person committing the

offense receives remuneration for the marihuana;

(3) a state jail felony if the amount of marihuana

delivered is five pounds or less but more than one-fourth ounce;

(4) a felony of the second degree if the amount of

marihuana delivered is 50 pounds or less but more than five pounds;

(5) a felony of the first degree if the amount of

marihuana delivered is 2,000 pounds or less but more than 50 pounds;

and

(6) punishable by imprisonment in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for life or

for a term of not more than 99 years or less than 10 years, and a

fine not to exceed $100,000, if the amount of marihuana delivered is

more than 2,000 pounds.

SECTION 25.105. Section 481.121(b), Health and Safety Code,

is amended to read as follows:

(b) An offense under Subsection (a) is:

(1) a Class B misdemeanor if the amount of marihuana

possessed is two ounces or less;

(2) a Class A misdemeanor if the amount of marihuana

possessed is four ounces or less but more than two ounces;

(3) a state jail felony if the amount of marihuana

possessed is five pounds or less but more than four ounces;

(4) a felony of the third degree if the amount of

marihuana possessed is 50 pounds or less but more than 5 pounds;

(5) a felony of the second degree if the amount of

marihuana possessed is 2,000 pounds or less but more than 50 pounds;

and

(6) punishable by imprisonment in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for life or

for a term of not more than 99 years or less than 5 years, and a fine

not to exceed $50,000, if the amount of marihuana possessed is more

than 2,000 pounds.

SECTION 25.106. Section 481.126(a), Health and Safety Code,

is amended to read as follows:

(a) A person commits an offense if the person:

(1) barters property or expends funds the person knows

are derived from the commission of an offense under this chapter

punishable by imprisonment in the [~~institutional division of the~~]

Texas Department of Criminal Justice for life;

(2) barters property or expends funds the person knows

are derived from the commission of an offense under Section

481.121(a) that is punishable under Section 481.121(b)(5);

(3) barters property or finances or invests funds the

person knows or believes are intended to further the commission of

an offense for which the punishment is described by Subdivision

(1); or

(4) barters property or finances or invests funds the

person knows or believes are intended to further the commission of

an offense under Section 481.121(a) that is punishable under

Section 481.121(b)(5).

SECTION 25.107. Section 533.085(a), Health and Safety Code,

is amended to read as follows:

(a) With the written approval of the governor, the

department may contract with[:

[~~(1)~~] the [~~institutional division of the~~] Texas

Department of Criminal Justice to transfer facilities to that

department or otherwise provide facilities for:

(1) inmates with mental illness or mental retardation

in the custody of that department; or [~~and~~]

(2) [~~the pardons and paroles division of the Texas~~

~~Department of Criminal Justice to transfer facilities to that board~~

~~or otherwise provide facilities for~~] persons with mental illness or

mental retardation paroled or released under that department's

[~~board's~~] supervision.

SECTION 25.108. Section 574.041(a), Health and Safety Code,

is amended to read as follows:

(a) In an order for temporary or extended mental health

services specifying inpatient care, the court shall commit the

patient to a designated inpatient mental health facility. The

court shall commit the patient to:

(1) a mental health facility deemed suitable by the

local mental health authority for the area;

(2) a private mental hospital under Section 574.042;

(3) a hospital operated by a federal agency under

Section 574.043; or

(4) an inpatient mental health facility of the

[~~institutional division of the~~] Texas Department of Criminal

Justice under Section 574.044.

SECTION 25.109. Section 574.044, Health and Safety Code, is

amended to read as follows:

Sec. 574.044. COMMITMENT TO FACILITY OF [~~THE INSTITUTIONAL~~

~~DIVISION OF THE~~] TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court

shall commit an inmate patient to an inpatient mental health

facility of the [~~institutional division of the~~] Texas Department of

Criminal Justice if the court enters an order requiring temporary

mental health services for the inmate patient under an application

filed by a psychiatrist [~~for the institutional division~~] under

Section 501.057, Government Code.

SECTION 25.110. The heading to Section 575.016, Health and

Safety Code, is amended to read as follows:

Sec. 575.016. TRANSFER FROM FACILITY OF [~~THE INSTITUTIONAL~~

~~DIVISION OF THE~~] TEXAS DEPARTMENT OF CRIMINAL JUSTICE.

SECTION 25.111. Section 575.016(a), Health and Safety Code,

is amended to read as follows:

(a) The [~~institutional division of the~~] Texas Department of

Criminal Justice shall transfer a patient committed to an

[~~institutional division~~] inpatient mental health facility under

Section 574.044 to a noncorrectional mental health facility on the

day the inmate is released on parole or mandatory supervision.

SECTION 25.112. Sections 614.002(e) and (j), Health and

Safety Code, are amended to read as follows:

(e) The executive head of each of the following agencies,

divisions of agencies, or associations, or that person's designated

representative, shall serve as a member of the committee:

(1) the correctional institutions [~~institutional~~]

division of the Texas Department of Criminal Justice;

(2) the Department of State Health Services;

(3) the parole [~~pardons and paroles~~] division of the

Texas Department of Criminal Justice;

(4) the community justice assistance division of the

Texas Department of Criminal Justice;

(5) [~~the state jail division of the Texas Department~~

~~of Criminal Justice;~~

[~~(6)~~] the Texas Juvenile Probation Commission;

(6) [~~(7)~~] the Texas Youth Commission;

(7) [~~(8)~~] the Department of Assistive and

Rehabilitative Services;

(8) [~~(9)~~] the Texas Education Agency;

(9) [~~(10)~~] the Correctional Managed Health Care

Committee;

(10) [~~(11)~~] the Mental Health Association in Texas;

(11) [~~(12)~~] the Board of Pardons and Paroles;

(12) [~~(13)~~] the Commission on Law Enforcement Officer

Standards and Education;

(13) [~~(14)~~] the Texas Council of Community Mental

Health and Mental Retardation Centers;

(14) [~~(15)~~] the Commission on Jail Standards;

(15) [~~(16)~~] the Texas Council for Developmental

Disabilities;

(16) [~~(17)~~] the Texas Association for Retarded

Citizens;

(17) [~~(18)~~] the National Alliance for the Mentally Ill

of Texas;

(18) [~~(19)~~] the Parent Association for the Retarded of

Texas, Inc.;

(19) [~~(20)~~] the Health and Human Services Commission;

and

(20) [~~(21)~~] the Department of Aging and Disability

Services.

(j) A representative designated by the executive head of a

state agency must be an officer or employee of the agency when

designated and while serving on the committee[~~, except the~~

~~representative designated by the director of the Criminal Justice~~

~~Policy Council must be an employee of that council~~].

SECTION 25.113. Section 12.002(b), Human Resources Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

confinement in the Texas Department of Criminal Justice [~~state~~

~~penitentiary~~] for a term of not less than two or more than seven

years.

SECTION 25.114. Sections 61.084(b) and (c), Human Resources

Code, are amended to read as follows:

(b) The commission shall discharge without a court hearing a

person committed to it for a determinate sentence under Section

54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,

who has not been transferred to the [~~institutional division of the~~]

Texas Department of Criminal Justice under a court order on the date

that the time spent by the person in detention in connection with

the committing case plus the time spent at the Texas Youth

Commission under the order of commitment equals the period of the

sentence.

~~division of the~~] Texas Department of Criminal Justice a person who

is the subject of an order under Section 54.11(i)(2), Family Code,

transferring the person to the custody of the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for the

completion of the person's sentence.

SECTION 25.115. Section 61.0841(b), Human Resources Code,

is amended to read as follows:

(b) The commission shall provide instruction for parole

officers of the Texas Department of Criminal Justice [~~pardons and~~

~~paroles division~~] relating to juvenile programs at the commission.

The commission and the department [~~pardons and paroles division~~]

shall enter into a memorandum of understanding relating to the

administration of this subsection.

SECTION 25.116. Section 80.003(a), Human Resources Code, is

amended to read as follows:

(a) The department shall provide medical care for a child

born to a woman who, at the time of giving birth, is imprisoned in

the Texas Department of Criminal Justice [~~Correction~~] if there is

no other source of payment for the medical care.

SECTION 25.117. Section 81.017(a), Human Resources Code, is

amended to read as follows:

(a) The commission and each of the following agencies shall

adopt a memorandum of understanding to coordinate the delivery of

services to persons who are deaf or hard of hearing and to reduce

duplication of services:

(1) the [~~Texas~~] Department of Aging and Disability

[~~Human~~] Services;

(2) the [~~Texas~~] Department of State Health Services

[~~Mental Health and Mental Retardation~~];

(3) the Texas Workforce Commission;

(4) the [~~Texas Department of~~] Health and Human

Services Commission;

(5) the Texas Higher Education Coordinating Board;

(6) the Texas Education Agency;

(7) the [~~Texas~~] Department of Assistive and

Rehabilitative Services [~~on Aging~~];

(8) the Texas School for the Deaf;

(9) [~~the Texas Rehabilitation Commission;~~

[~~(10)~~] the [~~institutional division of the~~] Texas

Department of Criminal Justice; and

(10) [~~(11)~~] any other state agency that provides or is

required by law to provide services to persons who are deaf or hard

of hearing.

SECTION 25.118. Section 111.058, Human Resources Code, is

amended to read as follows:

Sec. 111.058. CRIMINAL CONVICTION RECORD INFORMATION.

(a) The commission may obtain criminal conviction record

information from [~~the pardons and paroles division and~~

~~institutional division of~~] the Texas Department of Criminal Justice

and from the Texas Department of Public Safety if the conviction

records relate to:

(1) an applicant selected for employment with the

commission;

(2) an applicant for rehabilitation services; or

(3) a client of the commission.

(b) The [~~pardons and paroles division and institutional~~

~~division of the~~] Texas Department of Criminal Justice and the Texas

Department of Public Safety upon request shall supply to the

commission criminal conviction record information relating to

applicants selected for employment with the commission, applicants

for rehabilitation services, or clients of the commission. The

commission shall treat all criminal conviction record information

as privileged and confidential and for commission use only.

SECTION 25.119. Section 122.010, Human Resources Code, is

amended to read as follows:

Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL

JUSTICE. The council may cooperate with [~~the institutional~~

~~division of~~] the Texas Department of Criminal Justice to accomplish

the purposes of this chapter and to contribute to the economy of

state government. The council and the department may enter into

contractual agreements, cooperative working relationships, or

other arrangements necessary for effective coordination and the

realization of the objectives of both entities.

SECTION 25.120. Section 841.704(c), Insurance Code, is

amended to read as follows:

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not less than one year.

SECTION 25.121. Section 882.702(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than five

years or less than one year.

SECTION 25.122. Section 883.703(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is a felony punishable by

confinement in the [~~institutional division of the~~] Texas Department

of Criminal Justice for not less than 5 years or more than 10 years.

SECTION 25.123. Section 887.701(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than 10 years

or less than 2 years.

SECTION 25.124. Section 887.702(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than 10 years

or less than 2 years.

SECTION 25.125. Section 887.703(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than 10 years

or less than 2 years.

SECTION 25.126. Section 912.802(c), Insurance Code, is

amended to read as follows:

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than 10 years

or less than 2 years.

SECTION 25.127. Section 912.803(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by

imprisonment in the [~~institutional division of the~~] Texas

Department of Criminal Justice for a term of not more than 10 years

or less than 2 years.

SECTION 25.128. Section 912.804(b), Insurance Code, is

amended to read as follows:

(b) An offense under this section is punishable by:

(1) a fine of not more than $500; or

(2) confinement in jail or imprisonment in the

[~~institutional division of the~~] Texas Department of Criminal

Justice for a term of not more than two years.

SECTION 25.129. Section 244.006, Local Government Code, is

amended to read as follows:

Sec. 244.006. EXEMPTIONS. This subchapter does not apply

to the operation of a correctional or rehabilitation facility at a

location subject to this subchapter if:

(1) on September 1, 1997, the correctional or

rehabilitation facility was in operation, under construction,

under contract for operation or construction, or planned for

construction at the location on land owned or leased by an agency or

political subdivision of the state and designated for use as a

correctional or rehabilitation facility;

(2) the correctional or rehabilitation facility was in

operation or under construction before the establishment of a

residential area the location of which makes the facility subject

to this subchapter;

(3) the correctional or rehabilitation facility is a

temporary correctional or rehabilitation facility that will be

operated at the location for less than one year;

(4) the correctional or rehabilitation facility is

required to obtain a special use permit or a conditional use permit

from the municipality in which the facility is located before

beginning operation;

(5) the correctional or rehabilitation facility is an

expansion of a facility operated by the correctional institutions

[~~institutional~~] division of the Texas Department of Criminal

Justice for the imprisonment of individuals convicted of felonies

other than state jail felonies or by the Texas Youth Commission;

(6) the correctional or rehabilitation facility is a

county jail or a pre-adjudication or post-adjudication juvenile

detention facility operated by a county or county juvenile board;

(7) the facility is:

(A) a juvenile probation office located at, and

operated in conjunction with, a juvenile justice alternative

education center; and

(B) used exclusively by students attending the

juvenile justice alternative education center;

(8) the facility is a public or private institution of

higher education or vocational training to which admission is open

to the general public;

(9) the facility is operated primarily as a treatment

facility for juveniles under contract with the [~~Texas~~] Department

of Aging and Disability Services or the Department of State Health

Services [~~Mental Health and Mental Retardation~~] or a local mental

health or mental retardation authority;

(10) the facility is operated as a juvenile justice

alternative education program;

(11) the facility:

(A) is not operated primarily as a correctional

or rehabilitation facility; and

(B) only houses persons or children described by

Section 244.001(1)(B) for a purpose related to treatment or

education; or

(12) the facility is a probation or parole office

located in a commercial use area.

SECTION 25.130. Section 331.010(b), Local Government Code,

is amended to read as follows:

(b) The governor and the Texas Board of Criminal Justice

[~~Corrections~~] may permit the use of state inmates and defendants

confined in state jail felony facilities [~~convicts~~] for the

improvement and maintenance of parks acquired under this chapter

under agreements made by the Parks and Wildlife Department and the

municipality or county.

SECTION 25.131. Section 34.002, Natural Resources Code, is

amended to read as follows:

Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions

of this chapter apply to:

(1) land owned by the Texas Parks and Wildlife

Department;

(2) land owned by the Texas Department of Criminal

Justice [~~Corrections~~].

(b) If title to land subject to the provisions of the

Relinquishment Act is acquired by the Texas Parks and Wildlife

Department or the Texas Department of Criminal Justice

[~~Corrections~~], the land is not subject to lease by a board created

under the provisions of this chapter but shall be leased in the

manner provided for the leasing of unsold public school land.

SECTION 25.132. Section 34.011, Natural Resources Code, is

amended to read as follows:

Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created

to lease land owned by the Texas Parks and Wildlife Department and

the Texas Department of Criminal Justice [~~Corrections~~].

SECTION 25.133. Section 85.386, Natural Resources Code, is

amended to read as follows:

Sec. 85.386. FORGING NAMES ON PERMITS AND TENDERS. A person

shall be imprisoned in the Texas Department of Criminal Justice

[~~penitentiary~~] for not less than two nor more than five years if he:

(1) forges the name of an agent, officer, or employee

of the commission to a permit or tender of the commission relating

to oil or gas or any product or by-product of oil or gas;

(2) forges the name of any person to such a tender or

permit; or

(3) knowingly uses a forged instrument to induce

another to handle or transport oil or gas or any product or

by-product of oil or gas.

SECTION 25.134. Section 85.387, Natural Resources Code, is

amended to read as follows:

Sec. 85.387. PROCURING TENDERS AND PERMITS. A person shall

be imprisoned in the Texas Department of Criminal Justice

[~~penitentiary~~] for not less than two nor more than five years if he:

(1) knowingly procures or causes an agent, officer, or

employee of the commission to approve or issue a permit or tender of

the commission relating to oil or gas or any product or by-product

of oil or gas that includes a statement or representation that is

false and that materially misrepresents the true facts respecting

the oil or gas or any product or by-product of either; or

(2) procures or causes an agent, officer, or employee

of the commission to issue to him a permit or tender relating to oil

or gas or any product or by-product of either with the intent to

defraud.

SECTION 25.135. Section 88.134(b), Natural Resources Code,

is amended to read as follows:

(b) A person who violates any other provision of this

chapter other than those covered by Subsection (a) [~~of this~~

~~section~~], a person who fails to comply with any of the other terms

of this chapter, a person who fails to comply with the terms of a

rule or order adopted by the governmental agency under the terms of

this chapter, or a person who violates any of the rules or orders of

the governmental agency adopted under the provisions of this

chapter on conviction is considered guilty of a felony and on

conviction shall be punished by imprisonment in the Texas

Department of Criminal Justice [~~state penitentiary~~] for a term of

not less than two nor more than four years.

SECTION 25.136. Section 91.143(b), Natural Resources Code,

is amended to read as follows:

(b) A person commits an offense if the person violates this

section. An offense under this section is a felony punishable by:

(1) imprisonment in the [~~institutional division of~~

~~the~~] Texas Department of Criminal Justice for a term of not less

than two years or more than five years;

(2) a fine of not more than $10,000; or

(3) both the imprisonment and the fine.

SECTION 25.137. Section 117.053(b), Natural Resources

Code, is amended to read as follows:

(b) An offense under this section is punishable by a fine of

not more than $25,000, confinement in the Texas Department of

Criminal Justice [~~Corrections~~] for a term of not more than five

years, or both such fine and imprisonment.

SECTION 25.138. Section 117.054(b), Natural Resources

Code, is amended to read as follows:

(b) An offense under this section is punishable by a fine of

not more than $25,000, confinement in the Texas Department of

Criminal Justice [~~Corrections~~] for a term of not more than 15 years,

or both such fine and imprisonment.

SECTION 25.139. Section 161.401, Natural Resources Code, is

amended to read as follows:

Sec. 161.401. PENALTY FOR CERTAIN TRANSACTIONS. Any

person, seller, veteran, or appraiser who knowingly makes, utters,

publishes, passes, or uses any false, fictitious, or forged paper,

document, contract, affidavit, application, assignment, or other

instrument in writing in connection with or pertaining to any

transaction under this chapter is guilty of a felony and on

conviction shall be punished by imprisonment in the Texas

Department of Criminal Justice [~~state penitentiary~~] for not less

than two nor more than 10 years, or by a fine of not less than $1,000

nor more than $10,000, or by both.

SECTION 25.140. Section 161.402, Natural Resources Code, is

amended to read as follows:

Sec. 161.402. PENALTY RELATING TO CERTAIN PURCHASES, SALES,

AND RESALES OF LAND. A person who knowingly files a false,

fictitious, or forged paper, document, contract, affidavit,

application, assignment, or other instrument in writing relating to

the purchase, sale, or resale of land under this chapter is guilty

of a felony and on conviction shall be punished by imprisonment in

the Texas Department of Criminal Justice [~~state penitentiary~~] for

not less than two nor more than 10 years or by a fine of not less

than $1,000 nor more than $10,000, or by both.

SECTION 25.141. Section 161.403, Natural Resources Code, is

amended to read as follows:

Sec. 161.403. PENALTY FOR DEFRAUDING VETERAN AND STATE. A

person who defrauds a veteran of his rights and benefits under this

chapter by an act of fraud, duress, deceit, coercion, or

misrepresentation or a person who uses the purposes or provisions

of this chapter to defraud the state or any veteran by an act of

fraud, duress, coercion, misrepresentation, or deceit, is guilty of

a felony, and on conviction shall be punished by imprisonment in the

Texas Department of Criminal Justice [~~state penitentiary~~] for not

less than two nor more than 10 years or by a fine of not less than

$1,000 nor more than $10,000, or by both.

SECTION 25.142. Section 1701.310(e), Occupations Code, is

amended to read as follows:

(e) A person trained and certified by the Texas Department

of Criminal Justice to serve as a corrections officer in that

agency's correctional institutions [~~institutional or state jail~~]

division is not required to complete the training requirements of

this section to be appointed a part-time county jailer.

Examinations under Section 1701.304 and psychological and physical

examinations under Section 1701.306 apply.

SECTION 25.143. Section 12.407(a), Parks and Wildlife Code,

is amended to read as follows:

(a) An individual adjudged guilty of a Parks and Wildlife

Code felony shall be punished by confinement in the [~~institutional~~

~~division of the~~] Texas Department of Criminal Justice for any term

of not more than 10 years or less than two years.

SECTION 25.144. Section 1.07(a)(27), Penal Code, is

repealed.

SECTION 25.145. Section 12.31(a), Penal Code, is amended to

read as follows:

(a) An individual adjudged guilty of a capital felony in a

case in which the state seeks the death penalty shall be punished by

imprisonment in the Texas Department of Criminal Justice

[~~institutional division~~] for life without parole or by death. An

individual adjudged guilty of a capital felony in a case in which

the state does not seek the death penalty shall be punished by

imprisonment in the Texas Department of Criminal Justice

[~~institutional division~~] for life without parole.

SECTION 25.146. Section 12.32(a), Penal Code, is amended to

read as follows:

(a) An individual adjudged guilty of a felony of the first

degree shall be punished by imprisonment in the Texas Department of

Criminal Justice [~~institutional division~~] for life or for any term

of not more than 99 years or less than 5 years.

SECTION 25.147. Section 12.33(a), Penal Code, is amended to

read as follows:

(a) An individual adjudged guilty of a felony of the second

degree shall be punished by imprisonment in the Texas Department of

Criminal Justice [~~institutional division~~] for any term of not more

than 20 years or less than 2 years.

SECTION 25.148. Section 12.34(a), Penal Code, is amended to

read as follows:

(a) An individual adjudged guilty of a felony of the third

degree shall be punished by imprisonment in the Texas Department of

Criminal Justice [~~institutional division~~] for any term of not more

than 10 years or less than 2 years.

SECTION 25.149. Section 12.41, Penal Code, is amended to

read as follows:

Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.

For purposes of this subchapter, any conviction not obtained from a

prosecution under this code shall be classified as follows:

(1) "felony of the third degree" if imprisonment in

the Texas Department of Criminal Justice or another [a]

penitentiary is affixed to the offense as a possible punishment;

(2) "Class B misdemeanor" if the offense is not a

felony and confinement in a jail is affixed to the offense as a

possible punishment;

(3) "Class C misdemeanor" if the offense is punishable

by fine only.

SECTION 25.150. Section 12.42(d), Penal Code, is amended to

read as follows:

(d) Except as provided by Subsection (c)(2), if it is shown

on the trial of a felony offense other than a state jail felony

punishable under Section 12.35(a) that the defendant has previously

been finally convicted of two felony offenses, and the second

previous felony conviction is for an offense that occurred

subsequent to the first previous conviction having become final, on

conviction he shall be punished by imprisonment in the

[~~institutional division of the~~] Texas Department of Criminal

Justice for life, or for any term of not more than 99 years or less

than 25 years.

SECTION 25.151. Section 322, Texas Probate Code, is amended

to read as follows:

Sec. 322. CLASSIFICATION OF CLAIMS AGAINST ESTATES OF

DECEDENT. Claims against an estate of a decedent shall be

classified and have priority of payment, as follows:

Class 1. Funeral expenses and expenses of last sickness for

a reasonable amount to be approved by the court, not to exceed a

total of Fifteen Thousand Dollars, with any excess to be classified

and paid as other unsecured claims.

Class 2. Expenses of administration and expenses incurred

in the preservation, safekeeping, and management of the estate,

including fees and expenses awarded under Section 243 of this code,

and unpaid expenses of administration awarded in a guardianship of

the decedent.

Class 3. Secured claims for money under Section 306(a)(1),

including tax liens, so far as the same can be paid out of the

proceeds of the property subject to such mortgage or other lien, and

when more than one mortgage, lien, or security interest shall exist

upon the same property, they shall be paid in order of their

priority.

Class 4. Claims for the principal amount of and accrued

interest on delinquent child support and child support arrearages

that have been confirmed and reduced to money judgment, as

determined under Subchapter F, Chapter 157, Family Code, and claims

for unpaid child support obligations under Section 154.015, Family

Code.

Class 5. Claims for taxes, penalties, and interest due

under Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes;

Section 81.111, Natural Resources Code; the Municipal Sales and Use

Tax Act (Chapter 321, Tax Code); Section 451.404, Transportation

Code; or Subchapter I, Chapter 452, Transportation Code.

Class 6. Claims for the cost of confinement established by

the [~~institutional division of the~~] Texas Department of Criminal

Justice under Section 501.017, Government Code.

Class 7. Claims for repayment of medical assistance

payments made by the state under Chapter 32, Human Resources Code,

to or for the benefit of the decedent.

Class 8. All other claims.

SECTION 25.152. Section 11.11(g), Tax Code, is amended to

read as follows:

(g) For purposes of this section, an improvement is owned by

the state and is used for public purposes if it is:

(1) located on land owned by the Texas Department of

Criminal Justice [~~Corrections~~];

(2) leased and used by the department; and

(3) subject to a lease-purchase agreement providing

that legal title to the improvement passes to the department at the

end of the lease period.

SECTION 25.153. Section 26.044(d), Tax Code, is amended to

read as follows:

(d) In this section, "state criminal justice mandate" means

the amount spent by the county in the previous 12 months providing

for the maintenance and operation cost of keeping inmates in

county-paid facilities after they have been sentenced to the

[~~institutional division of the~~] Texas Department of Criminal

Justice as certified by the county auditor based on information

provided by the county sheriff, minus the amount received from

state revenue for reimbursement of such costs.

SECTION 25.154. Section 154.520(b), Tax Code, is amended to

read as follows:

(b) An offense under this section is a felony punishable by

confinement in the Texas Department of Criminal Justice [~~state~~

~~penitentiary~~] for not less than 2 years nor more than 20 years.

SECTION 25.155. Section 55.252, Utilities Code, is amended

to read as follows:

Sec. 55.252. 900 SERVICE USED BY PROBATIONERS OR PAROLEES.

(a) This section applies only to a telecommunications utility that

transports or provides an intrastate 900 service that is:

(1) covered by a contract authorized by Chapter 76 or

508, Government Code; and

(2) used by a defendant under the supervision of a

community supervision and corrections department or the parole

[~~pardons and paroles~~] division of the Texas Department of Criminal

Justice to:

(A) pay a fee or cost; or

(B) comply with telephone reporting

requirements.

(b) A telecommunications utility may adjust or authorize

the adjustment of an end-user's bill for 900 service described by

Subsection (a) only with the consent of the contracting community

supervision and corrections department or the contracting parole

[~~pardons and paroles~~] division of the Texas Department of Criminal

Justice.

SECTION 25.156. Section 186.032(b), Utilities Code, is

amended to read as follows:

(b) An offense under this section is a misdemeanor

punishable by a fine of not more than $500, by confinement in jail

for not more than 60 days, or by both, unless the person has been

previously convicted of an offense under this section. A second or

subsequent offense is a felony punishable by a fine of not more than

$5,000, by imprisonment in the Texas Department of Criminal Justice

[~~penitentiary~~] for not less than two years and not more than five

years, or by both.

ARTICLE 26. REPEAL OF CERTAIN UNCONSTITUTIONAL CIVIL STATUTES

SECTION 26.001. The following acts and articles as compiled

in Vernon's Texas Civil Statutes are repealed as unconstitutional:

(1) Article 118d;

(2) Articles 165a, 165b, 165c, 165d, 165e, 165f, 165g,

165h, 165i, 165j, 165k, 165l, and 165m;

(3) Article 326q;

(4) Article 835d;

(5) Articles 911c and 911e;

(6) Articles 2116a and 2116b;

(7) Article 2615f-2;

(8) Article 3263b;

(9) Articles 4512a-1, 4512a-2, 4512a-3, 4512a-4,

4512a-5, 4512a-6, 4512a-7, 4512a-8, 4512a-9, 4512a-10, 4512a-11,

4512a-12, 4512a-13, 4512a-14, 4512a-15, 4512a-16, 4512a-17, and

4512a-18;

(10) Article 6699b; and

(11) Articles 7294a and 7294b.

ARTICLE 27. RENUMBERING

SECTION 27.001. The following provisions of enacted codes

are renumbered or relettered to eliminate duplicate citations or to

relocate misplaced provisions:

(1) Subsections (e), (f), and (g), Section 201.026,

Agriculture Code, as added by Chapter 1189 (H.B. 3355), Acts of the

77th Legislature, Regular Session, 2001, and Subsections (h), (i),

and (j), Section 201.026, Agriculture Code, are relettered as

Subsections (h), (i), (j), (k), (l), and (m), Section 201.026,

Agriculture Code, respectively.

(2) Subsection (g), Article 45.049, Code of Criminal

Procedure, as added by Chapter 1263 (H.B. 3060), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(i), Article 45.049, Code of Criminal Procedure.

(3) Article 62.0015, Code of Criminal Procedure, as

added by Chapter 685 (H.B. 668), Acts of the 76th Legislature,

Regular Session, 1999, is transferred to Subchapter A, Chapter 63,

Code of Criminal Procedure, and renumbered as Article 63.0015, Code

of Criminal Procedure.

(4) Subsection (f), Section 11.163, Education Code, as

added by Chapter 10 (S.B. 135), Acts of the 80th Legislature,

Regular Session, 2007, is transferred to Section 11.1513, Education

Code, and relettered as Subsection (j), Section 11.1513, Education

Code.

(5) Section 29.095, Education Code, as added by

Chapter 893 (H.B. 2504), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 29.099, Education Code.

(6) Section 38.019, Education Code, as added by

Chapter 1371 (S.B. 7), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 38.0181, Education Code.

(7) Section 51.969, Education Code, as added by

Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 51.971, Education Code.

(8) Section 51.969, Education Code, as added by

Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th

Legislature, Regular Session, 2007, is renumbered as Section

51.972, Education Code.

(9) Section 54.5395, Education Code, as added by

Chapter 555 (S.B. 1417), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 54.5398, Education Code.

(10) Section 61.0901, Education Code, as added by

Chapter 507 (S.B. 469), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 61.0903, Education Code.

(11) Subsection (e), Section 13.002, Election Code, as

added by Chapter 614 (H.B. 417), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (g), Section

13.002, Election Code.

(12) Section 61.013, Election Code, as added by

Chapter 697 (H.B. 1921), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 61.014, Election Code.

(13) Subsection (v), Section 54.04, Family Code, as

added by Chapter 908 (H.B. 2884), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (x), Section

54.04, Family Code.

(14) Section 54.0481, Family Code, as added by Chapter

908 (H.B. 2884), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Section 54.0482, Family Code.

(15) Subsection (g), Section 162.304, Family Code, as

added by Chapter 267 (H.B. 2702), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (i), Section

162.304, Family Code.

(16) Section 156.214, Finance Code, as added by

Chapter 905 (H.B. 2783), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 156.215, Finance Code.

(17) Chapter 351, Finance Code, as added by Chapter

135 (H.B. 1344), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Chapter 352, Finance Code, and Sections

351.001, 351.002, 351.003, 351.004, 351.005, 351.006, 351.007, and

351.008, Finance Code, as added by that Act, are renumbered as

Sections 352.001, 352.002, 352.003, 352.004, 352.005, 352.006,

352.007, and 352.008, Finance Code, respectively.

(18) Subsection (c), Section 27.031, Government Code,

as added by Chapter 383 (S.B. 618), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (d), Section

27.031, Government Code.

(19) Sections 30.3601, 30.3602, 30.3603, and 30.3604,

Government Code, as added by Chapter 235 (H.B. 259), Acts of the

75th Legislature, Regular Session, 1997, are transferred to

Subchapter U, Chapter 30, Government Code, and renumbered as

Sections 30.007801, 30.007802, 30.007803, and 30.007804,

Government Code, respectively.

(20) Section 402.031, Government Code, as added by

Chapter 285 (H.B. 716), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 402.033, Government Code.

(21) Section 402.031, Government Code, as added by

Chapter 81 (H.B. 1676), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 402.034, Government Code.

(22) Subsection (h), Section 411.042, Government

Code, as added by Chapter 1372 (S.B. 9), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(j), Section 411.042, Government Code.

(23) Section 411.1406, Government Code, as added by

Chapter 15 (S.B. 505), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 411.1408, Government Code.

(24) Section 411.1406, Government Code, as added by

Chapter 406 (S.B. 885), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 411.1409, Government Code.

(25) Subsection (c), Section 411.179, Government

Code, as added by Chapter 594 (H.B. 41), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(d), Section 411.179, Government Code.

(26) Section 418.111, Government Code, as added by

Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 418.1101, Government Code.

(27) Section 418.112, Government Code, as added by

Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 418.1102, Government Code.

(28) Section 431.0291, Government Code, as added by

Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 431.0295, Government Code.

(29) Section 434.017, Government Code, as added by

Chapter 364 (S.B. 310), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 434.018, Government Code.

(30) Section 434.107, Government Code, as added by

Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 434.108, Government Code.

(31) Subchapter P, Chapter 487, Government Code, as

added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter Q, Chapter 487,

Government Code, and Sections 487.701, 487.702, and 487.703,

Government Code, as added by that Act, are renumbered as Sections

487.751, 487.752, and 487.753, Government Code, respectively.

(32) Section 493.026, Government Code, as added by

Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 493.028, Government Code.

(33) Section 495.025, Government Code, as added by

Chapter 100 (S.B. 1580), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 495.027, Government Code.

(34) Section 501.059, Government Code, as added by

Chapter 1227 (H.B. 2389), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 501.065, Government Code.

(35) Section 531.019, Government Code, as added by

Chapter 1110 (H.B. 3575), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 531.0191, Government Code.

(36) Section 531.02413, Government Code, as added by

Chapter 605 (H.B. 321), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 531.02415, Government Code.

(37) Subchapter M, Chapter 531, Government Code, as

added by Chapter 348 (S.B. 156), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter Q, Chapter 531,

Government Code, and Sections 531.451, 531.452, 531.453, 531.454,

531.455, 531.456, 531.457, 531.458, 531.459, and 531.460,

Government Code, as added by that Act, are renumbered as Sections

531.651, 531.652, 531.653, 531.654, 531.655, 531.656, 531.657,

531.658, 531.659, and 531.660, Government Code, respectively.

(38) Section 533.019, Government Code, as added by

Chapter 730 (H.B. 2636), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 533.020, Government Code.

(39) Section 552.148, Government Code, as added by

Chapter 471 (H.B. 2188), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 552.149, Government Code.

(40) Subchapter H, Chapter 614, Government Code, as

added by Chapter 1215 (H.B. 1915), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter I, Chapter 614,

Government Code.

(41) Subchapter H, Chapter 614, Government Code, as

added by Chapter 1159 (H.B. 12), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter J, Chapter 614,

Government Code, and Sections 614.151 and 614.152, Government Code,

as added by that Act, are renumbered as Sections 614.171 and

614.172, Government Code, respectively.

(42) Subchapter H, Chapter 614, Government Code, as

added by Chapter 1248 (H.B. 2667), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter K, Chapter 614,

Government Code, and Sections 614.121 and 614.122, Government Code,

as added by that Act, are renumbered as Sections 614.191 and

614.192, Government Code, respectively.

(43) Section 662.053, Government Code, as added by

Chapter 386 (S.B. 640), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 662.054, Government Code.

(44) Section 662.103, Government Code, as added by

Chapter 651 (H.B. 1045), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 662.105, Government Code.

(45) Section 2155.452, Government Code, as added by

Chapter 258 (S.B. 11), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 2155.453, Government Code.

(46) Section 2165.008, Government Code, as added by

Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 2165.009, Government Code.

(47) Section 2252.904, Government Code, as added by

Chapter 979 (S.B. 924), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 2252.905, Government Code.

(48) Chapter 2264, Government Code, as added by

Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Chapter 2265, Government Code, and

Section 2264.001, Government Code, as added by that Act, is

renumbered as Section 2265.001, Government Code.

(49) Chapter 2264, Government Code, as added by

Chapter 1224 (H.B. 2365), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Chapter 2266, Government Code, and

Sections 2264.001, 2264.002, 2264.051, 2264.052, 2264.053,

2264.101, 2264.102, 2264.103, 2264.104, 2264.105, 2264.106, and

2264.107, Government Code, as added by that Act, are renumbered as

Sections 2266.001, 2266.002, 2266.051, 2266.052, 2266.053,

2266.101, 2266.102, 2266.103, 2266.104, 2266.105, 2266.106, and

2266.107, Government Code, respectively.

(50) 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, as

renumbered from 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,

respectively, by Chapter 921 (H.B. 3167), Acts of the 80th

Legislature, Regular Session, 2007, are designated as Subchapter A,

Chapter 109, Health and Safety Code, to conform to Chapter 645 (H.B.

921), Acts of the 80th Legislature, Regular Session, 2007, and the

heading to Subchapter A, Chapter 113, Health and Safety Code, as

added by that Act, is transferred to Chapter 109, Health and Safety

Code, and redesignated as the heading to Subchapter A, Chapter 109,

Health and Safety Code.

(51) Subchapter B, Chapter 113, Health and Safety

Code, as added by Chapter 645 (H.B. 921), Acts of the 80th

Legislature, Regular Session, 2007, is transferred to Chapter 109,

Health and Safety Code, and redesignated as Subchapter B, Chapter

109, Health and Safety Code, and Sections 113.051, 113.052,

113.053, 113.054, 113.055, 113.056, and 113.057, Health and Safety

Code, as added by that Act, are renumbered as Sections 109.051,

109.052, 109.053, 109.054, 109.055, 109.056, and 109.057, Health

and Safety Code, respectively.

(52) Section 161.0102, Health and Safety Code, as

added by Chapter 258 (S.B. 11), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Section 161.0104, Health

and Safety Code.

(53) Section 161.0107, Health and Safety Code, as

added by Chapter 59 (H.B. 1379), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Section 161.0109, Health

and Safety Code.

(54) Section 341.0357, Health and Safety Code, as

added by Chapter 861 (H.B. 1391), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Section 341.0358, Health

and Safety Code.

(55) Subdivision (7-a), Section 382.003, Health and

Safety Code, as added by Chapter 262 (S.B. 12), Acts of the 80th

Legislature, Regular Session, 2007, is renumbered as Subdivision

(7-b), Section 382.003, Health and Safety Code.

(56) Subsection (f), Section 401.301, Health and

Safety Code, as added by Chapter 1332 (S.B. 1604), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(g), Section 401.301, Health and Safety Code.

(57) Subchapter C, Chapter 32, Human Resources Code,

as added by Chapter 268 (S.B. 10), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter E, Chapter 32,

Human Resources Code, and Sections 32.101 and 32.102, Human

Resources Code, as added by that Act, are renumbered as Sections

32.201 and 32.202, Human Resources Code, respectively.

(58) Subchapter C, Chapter 32, Human Resources Code,

as added by Chapter 795 (S.B. 22), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter F, Chapter 32,

Human Resources Code, and Sections 32.101, 32.102, 32.103, 32.104,

32.105, 32.106, and 32.107, Human Resources Code, as added by that

Act, are renumbered as Sections 32.251, 32.252, 32.253, 32.254,

32.255, 32.256, and 32.257, Human Resources Code, respectively.

(59) Section 61.0763, Human Resources Code, as added

by Chapter 847 (H.B. 1111), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 61.0765, Human Resources

Code.

(60) Chapter 228, Insurance Code, as added by Chapter

932 (H.B. 3315), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Chapter 229, Insurance Code, and Sections

228.001 and 228.002, Insurance Code, as added by that Act, are

renumbered as Sections 229.001 and 229.002, Insurance Code,

respectively.

(61) Subchapter G, Chapter 544, Insurance Code, as

added by Chapter 748 (H.B. 2810), Acts of the 79th Legislature,

Regular Session, 2005, is relettered as Subchapter K, Chapter 544,

Insurance Code, and Sections 544.301, 544.302, and 544.303,

Insurance Code, as added by that Act, are renumbered as Sections

544.501, 544.502, and 544.503, Insurance Code, respectively.

(62) Chapter 1215, Insurance Code, as added by Chapter

1322 (S.B. 1391), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Chapter 1216, Insurance Code, and Sections

1215.001, 1215.002, 1215.003, and 1215.004, Insurance Code, as

added by that Act, are renumbered as Sections 1216.001, 1216.002,

1216.003, and 1216.004, Insurance Code, respectively.

(63) Section 1570.056, Insurance Code, as added by

Chapter 728 (H.B. 2018), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 1507.056, Insurance Code.

(64) Section 43.035, Local Government Code, as added

by Chapter 1097 (H.B. 3367), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 43.036, Local Government

Code.

(65) Chapter 177, Local Government Code, as added by

Chapter 985 (S.B. 1207), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Chapter 178, Local Government Code,

and Sections 177.001, 177.051, 177.052, 177.053, 177.054, 177.055,

and 177.056, Local Government Code, as added by that Act, are

renumbered as Sections 178.001, 178.051, 178.052, 178.053,

178.054, 178.055, and 178.056, Local Government Code,

respectively.

(66) Section 401.006, Local Government Code, as added

by Chapter 874 (H.B. 1656), Acts of the 80th Legislature, Regular

Session, 2007, is transferred to Chapter 551, Local Government

Code, and renumbered as Section 551.006, Local Government Code.

(67) Section 401.006, Local Government Code, as added

by Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th

Legislature, Regular Session, 2007, is transferred to Chapter 551,

Local Government Code, and renumbered as Section 551.007, Local

Government Code.

(68) Section 402.911, Local Government Code, as added

by Chapter 1430 (S.B. 3), Acts of the 80th Legislature, Regular

Session, 2007, is transferred to Subchapter Z, Chapter 552, Local

Government Code, and renumbered as Section 552.911, Local

Government Code.

(69) Section 412.017, Local Government Code, as added

by Chapter 858 (H.B. 1314), Acts of the 80th Legislature, Regular

Session, 2007, is transferred to Subchapter B, Chapter 562, Local

Government Code, and renumbered as Section 562.017, Local

Government Code.

(70) Section 412.017, Local Government Code, as added

by Chapter 1104 (H.B. 3475), Acts of the 80th Legislature, Regular

Session, 2007, is transferred to Subchapter B, Chapter 562, Local

Government Code, and renumbered as Section 562.018, Local

Government Code.

(71) Subchapter P, Chapter 91, Natural Resources Code,

as added by Chapter 210 (H.B. 630), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subchapter Q, Chapter 91,

Natural Resources Code, and Sections 91.701, 91.702, 91.703,

91.704, and 91.705, Natural Resources Code, as added by that Act,

are renumbered as Sections 91.751, 91.752, 91.753, 91.754, and

91.755, Natural Resources Code, respectively.

(72) Subsection (k), Section 1101.455, Occupations

Code, as added by Chapter 1411 (S.B. 914), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(l), Section 1101.455, Occupations Code.

(73) Section 1702.286, Occupations Code, as added by

Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 1702.2865, Occupations

Code.

(74) Section 2301.361, Occupations Code, as added by

Chapter 1363 (H.B. 2559), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 2301.362, Occupations Code.

(75) Section 2303.160, Occupations Code, as added by

Chapter 1046 (H.B. 2094), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 2303.161, Occupations Code.

(76) Section 5.016, Property Code, as added by Chapter

843 (H.B. 1038), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Section 5.018, Property Code.

(77) Subsection (f), Section 82.051, Property Code, as

added by Chapter 1092 (H.B. 3232), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (g), Section

82.051, Property Code.

(78) Chapter 8159, Special District Local Laws Code,

as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8294, Special

District Local Laws Code, and Sections 8159.001, 8159.002,

8159.003, 8159.004, 8159.051, 8159.101, 8159.102, 8159.103, and

8159.104, Special District Local Laws Code, as added by that Act,

are renumbered as Sections 8294.001, 8294.002, 8294.003, 8294.004,

8294.051, 8294.101, 8294.102, 8294.103, and 8294.104, Special

District Local Laws Code, respectively.

(79) Chapter 8160, Special District Local Laws Code,

as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8295, Special

District Local Laws Code, and Sections 8160.001, 8160.002,

8160.003, 8160.004, 8160.051, and 8160.101, Special District Local

Laws Code, as added by that Act, are renumbered as Sections

8295.001, 8295.002, 8295.003, 8295.004, 8295.051, and 8295.101,

Special District Local Laws Code, respectively.

(80) Chapter 8163, Special District Local Laws Code,

as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8296, Special

District Local Laws Code, and Sections 8163.001, 8163.002,

8163.003, 8163.004, 8163.051, and 8163.101, Special District Local

Laws Code, as added by that Act, are renumbered as Sections

8296.001, 8296.002, 8296.003, 8296.004, 8296.051, and 8296.101,

Special District Local Laws Code, respectively.

(81) Chapter 8164, Special District Local Laws Code,

as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8298, Special

District Local Laws Code, and Sections 8164.001, 8164.002,

8164.003, 8164.004, 8164.051, 8164.052, 8164.053, 8164.054,

8164.055, 8164.101, 8164.102, 8164.103, 8164.104, 8164.105,

8164.106, 8164.107, 8164.151, 8164.152, 8164.153, 8164.154,

8164.155, and 8164.201, Special District Local Laws Code, as added

by that Act, are renumbered as Sections 8298.001, 8298.002,

8298.003, 8298.004, 8298.051, 8298.052, 8298.053, 8298.054,

8298.055, 8298.101, 8298.102, 8298.103, 8298.104, 8298.105,

8298.106, 8298.107, 8298.151, 8298.152, 8298.153, 8298.154,

8298.155, and 8298.201, Special District Local Laws Code,

respectively.

(82) Chapter 8208, Special District Local Laws Code,

as added by Chapter 1314 (S.B. 1069), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8299, Special

District Local Laws Code, and Sections 8208.001, 8208.002,

8208.003, 8208.004, 8208.051, 8208.052, 8208.053, 8208.054,

8208.055, 8208.056, 8208.101, 8208.102, 8208.103, 8208.151, and

8208.201, Special District Local Laws Code, as added by that Act,

are renumbered as Sections 8299.001, 8299.002, 8299.003, 8299.004,

8299.051, 8299.052, 8299.053, 8299.054, 8299.055, 8299.056,

8299.101, 8299.102, 8299.103, 8299.151, and 8299.201, Special

District Local Laws Code, respectively.

(83) Chapter 8210, Special District Local Laws Code,

as added by Chapter 170 (S.B. 1977), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8300, Special

District Local Laws Code, and Sections 8210.001, 8210.002,

8210.003, 8210.004, 8210.005, 8210.051, 8210.052, 8210.053,

8210.101, 8210.102, 8210.103, 8210.151, 8210.152, 8210.201, and

8210.202, Special District Local Laws Code, as added by that Act,

are renumbered as Sections 8300.001, 8300.002, 8300.003, 8300.004,

8300.005, 8300.051, 8300.052, 8300.053, 8300.101, 8300.102,

8300.103, 8300.151, 8300.152, 8300.201, and 8300.202, Special

District Local Laws Code, respectively.

(84) Chapter 8269, Special District Local Laws Code,

as added by Chapter 1430 (S.B. 3), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 8301, Special

District Local Laws Code, and Sections 8269.001, 8269.002,

8269.003, 8269.004, 8269.005, 8269.021, 8269.022, 8269.023,

8269.024, 8269.025, 8269.026, 8269.051, 8269.052, 8269.101,

8269.102, 8269.103, 8269.104, 8269.151, 8269.152, 8269.201, and

8269.202, Special District Local Laws Code, as added by that Act,

are renumbered as Sections 8301.001, 8301.002, 8301.003, 8301.004,

8301.005, 8301.021, 8301.022, 8301.023, 8301.024, 8301.025,

8301.026, 8301.051, 8301.052, 8301.101, 8301.102, 8301.103,

8301.104, 8301.151, 8301.152, 8301.201, and 8301.202, Special

District Local Laws Code, respectively.

(85) Chapter 9009, Special District Local Laws Code,

as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,

Regular Session, 2007, is renumbered as Chapter 9015, Special

District Local Laws Code, and Sections 9009.001, 9009.002,

9009.003, 9009.004, 9009.051, 9009.052, 9009.101, 9009.102,

9009.103, 9009.104, 9009.105, 9009.106, 9009.107, 9009.108,

9009.109, 9009.151, 9009.152, 9009.153, 9009.154, 9009.155,

9009.156, 9009.157, 9009.158, 9009.201, 9009.202, 9009.203,

9009.204, 9009.205, 9009.251, 9009.252, 9009.253, 9009.254,

9009.255, 9009.301, 9009.302, 9009.303, 9009.351, 9009.352,

9009.353, 9009.354, 9009.355, 9009.356, 9009.357, 9009.358,

9009.359, 9009.360, 9009.361, 9009.362, 9009.363, 9009.364, and

9009.365, Special District Local Laws Code, as added by that Act,

are renumbered as Sections 9015.001, 9015.002, 9015.003, 9015.004,

9015.051, 9015.052, 9015.101, 9015.102, 9015.103, 9015.104,

9015.105, 9015.106, 9015.107, 9015.108, 9015.109, 9015.151,

9015.152, 9015.153, 9015.154, 9015.155, 9015.156, 9015.157,

9015.158, 9015.201, 9015.202, 9015.203, 9015.204, 9015.205,

9015.251, 9015.252, 9015.253, 9015.254, 9015.255, 9015.301,

9015.302, 9015.303, 9015.351, 9015.352, 9015.353, 9015.354,

9015.355, 9015.356, 9015.357, 9015.358, 9015.359, 9015.360,

9015.361, 9015.362, 9015.363, 9015.364, and 9015.365, Special

District Local Laws Code, respectively.

(86) Section 11.253, Tax Code, as added by Chapter 842

(H.B. 1022), Acts of the 80th Legislature, Regular Session, 2007,

is renumbered as Section 11.254, Tax Code.

(87) Subsection (c-1), Section 162.227, Tax Code, as

added by Chapter 911 (H.B. 2982), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (c-2), Section

162.227, Tax Code.

(88) Section 313.008, Tax Code, as added by Chapter

1270 (H.B. 3430), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Section 313.009, Tax Code.

(89) Section 201.617, Transportation Code, as added by

Chapter 474 (H.B. 137), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 201.620, Transportation

Code.

(90) Section 201.805, Transportation Code, as added by

Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 201.806, Transportation

Code.

(91) Section 201.907, Transportation Code, as added by

Chapter 1086 (H.B. 1925), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 201.908, Transportation

Code.

(92) Section 225.044, Transportation Code, as added by

Chapter 1420 (H.B. 2812), Acts of the 77th Legislature, Regular

Session, 2001, is renumbered as Section 225.071, Transportation

Code.

(93) Section 225.059, Transportation Code, as added by

Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 225.072, Transportation

Code.

(94) Section 225.059, Transportation Code, as added by

Chapter 286 (H.B. 540), Acts of the 79th Legislature, Regular

Session, 2005, is renumbered as Section 225.0591, Transportation

Code.

(95) Subsection (a-1), Section 225.0591,

Transportation Code, as renumbered from Section 225.059,

Transportation Code, by this section, is relettered as Subsection

(a), Section 225.0591, Transportation Code.

(96) Section 225.066, Transportation Code, as added by

Chapter 99 (H.B. 2296), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 225.073, Transportation

Code.

(97) Section 225.066, Transportation Code, as added by

Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 225.074, Transportation

Code.

(98) Section 225.069, Transportation Code, as added by

Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 225.075, Transportation

Code.

(99) Section 225.070, Transportation Code, as added by

Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 225.076, Transportation

Code.

(100) Subsection (b), Section 391.091, Transportation

Code, as added by Chapter 743 (H.B. 3330), Acts of the 78th

Legislature, Regular Session, 2003, is relettered as Subsection

(b-1), Section 391.091, Transportation Code.

(101) Subsection (c), Section 394.021, Transportation

Code, as added by Chapter 1083 (H.B. 2944), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(b-1), Section 394.021, Transportation Code.

(102) Subsection (c), Section 502.409, Transportation

Code, as added by Chapter 1027 (H.B. 1623), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(d), Section 502.409, Transportation Code.

(103) Subsection (h), Section 504.315, Transportation

Code, as added by Chapter 1166 (H.B. 191), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(i), Section 504.315, Transportation Code.

(104) Subsection (d), Section 521.049, Transportation

Code, as added by Chapter 424 (S.B. 1372), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(f), Section 521.049, Transportation Code.

(105) Subsection (f), Section 521.421, Transportation

Code, as added by Chapter 510 (S.B. 1403), Acts of the 75th

Legislature, Regular Session, 1997, is relettered as Subsection

(j), Section 521.421, Transportation Code.

(106) Subsection (j), Section 522.029, Transportation

Code, as added by Chapter 1319 (S.B. 1260), Acts of the 80th

Legislature, Regular Session, 2007, is relettered as Subsection

(k), Section 522.029, Transportation Code.

(107) Section 522.054, Transportation Code, as added

by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 522.0541, Transportation

Code.

(108) Section 545.426, Transportation Code, as added

by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 545.427, Transportation

Code.

(109) Section 643.209, Transportation Code, is

transferred to Subchapter E, Chapter 2308, Occupations Code, and

renumbered as Section 2308.209, Occupations Code.

(110) Subsection (i), Section 39.107, Utilities Code,

as added by Chapter 527 (S.B. 831), Acts of the 80th Legislature,

Regular Session, 2007, is relettered as Subsection (j), Section

39.107, Utilities Code.

(111) Section 39.9051, Utilities Code, as added by

Chapter 262 (S.B. 12), Acts of the 80th Legislature, Regular

Session, 2007, is renumbered as Section 39.9053, Utilities Code.

(112) Section 27.023, Water Code, as added by Chapter

901 (H.B. 2654), Acts of the 80th Legislature, Regular Session,

2007, is renumbered as Section 27.025, Water Code.

SECTION 27.002. The following changes are made to conform

the provisions amended to the renumbering and relettering changes

made by Section 27.001 of this Act:

(1) Subsection (j), Section 201.026, Agriculture

Code, as relettered from Subsection (g), Section 201.026,

Agriculture Code, by this article, is amended to read as follows:

(j) [~~(g)~~] The Texas Commission on Environmental Quality may

not require a landowner who requests and complies with a water

quality management plan under Subsection (i) [~~(f)~~] to record the

burial of animal carcasses in the county deed records or report the

burial to the commission.

(2) Subsection (b), Section 33.052, Election Code, is

amended to read as follows:

(b) For purposes of this section, a watcher is considered to

have served continuously if the watcher leaves the polling place

for the purpose of using a wireless communication device prohibited

from use in the polling place under Section 61.014 [~~61.013~~] and the

watcher promptly returns.

(3) Subsection (a), Section 62.0111, Election Code, is

amended to read as follows:

(a) At the discretion of the presiding judge, notice of the

prohibition of the use of certain devices under Section 61.014

[~~61.013~~] may be posted at one or more locations in the polling place

where it can be read by persons waiting to vote.

(4) Subsection (a), Section 352.002, Finance Code, as

renumbered from Section 351.002, Finance Code, by this article, is

amended to read as follows:

(a) A person may not, individually or in conjunction or

cooperation with another person, act as a facilitator unless the

person is:

(1) engaged in the business of preparing tax returns,

or employed by a person engaged in the business of preparing tax

returns;

(2) primarily involved in financial services or tax

preparations;

(3) authorized by the Internal Revenue Service as an

e-file provider; and

(4) registered with the commissioner as a facilitator

under Section 352.003 [~~351.003~~].

(5) Subsection (a), Section 352.004, Finance Code, as

renumbered from Section 351.004, Finance Code, by this article, is

amended to read as follows:

(a) A facilitator to which Section 352.002 [~~351.002~~]

applies shall discuss with and clearly disclose to a borrower,

after the borrower's tax return has been prepared and before the

loan is closed:

(1) the refund anticipation loan fee schedule;

(2) a written statement disclosing:

(A) that a refund anticipation loan is a loan and

is not the borrower's actual income tax refund;

(B) that the taxpayer may file an income tax

return electronically without applying for a refund anticipation

loan;

repayment of the loan and related fees if the tax refund is not paid

or is insufficient to repay the loan;

(D) any fee that will be charged if the loan is

not approved;

(E) the average time, as published by the

Internal Revenue Service, within which a taxpayer can expect to

receive a refund for an income tax return filed:

(i) electronically, and the refund is:

(a) deposited directly into the

taxpayer's bank account; or

(b) mailed to the taxpayer; and

(ii) by mail, and the refund is:

(a) deposited directly into the

taxpayer's financial institution account; or

(b) mailed to the taxpayer;

(F) that the Internal Revenue Service does not

guarantee:

(i) payment of the full amount of the

anticipated refund; or

(ii) a specific date on which it will mail a

refund or deposit the refund into a taxpayer's financial

institution account; and

(G) the estimated time within which the proceeds

of the refund anticipation loan will be paid to the borrower if the

loan is approved; and

(3) the following information, specific to the

borrower:

(A) the estimated total fees for the loan; and

(B) the estimated annual percentage rate for the

loan, calculated using the guidelines established under the Truth

in Lending Act (15 U.S.C. Section 1601 et seq.).

(6) Subsection (a), Section 411.179, Government Code,

is amended to read as follows:

(a) The department by rule shall adopt the form of the

license. A license must include:

(1) a number assigned to the license holder by the

department;

(2) a statement of the period for which the license is

effective;

(3) a statement of the category or categories of

handguns the license holder may carry as provided by Subsection

(b);

(4) a color photograph of the license holder;

(5) the license holder's full name, date of birth, hair

and eye color, height, weight, and signature;

(6) the license holder's residence address or, as

provided by Subsection (d) [~~(c)~~], the street address of the

courthouse in which the license holder or license holder's spouse

serves as a federal judge or the license holder serves as a state

judge; and

(7) the number of a driver's license or an

identification certificate issued to the license holder by the

department.

(7) Subsection (c), Section 531.654, Government Code,

as renumbered from Section 531.454, Government Code, by this

article, is amended to read as follows:

(1) require the applicant to provide data on the

number of low-income, first-time mothers residing in the community

in which the applicant proposes to operate or expand a partnership

program and provide a description of existing services available to

those mothers;

(2) describe the ongoing monitoring and evaluation

process to which a grant recipient is subject under Section 531.659

[~~531.459~~], including the recipient's obligation to collect and

provide information requested by the commission under Section

531.659(c) [~~531.459(c)~~]; and

(3) require the applicant to provide other relevant

information as determined by the commission.

(8) Section 531.655, Government Code, as renumbered

from Section 531.455, Government Code, by this article, is amended

to read as follows:

Sec. 531.655 [~~531.455~~]. ADDITIONAL CONSIDERATIONS IN

AWARDING GRANTS. In addition to the factors described by Sections

531.652(b) [~~531.452(b)~~] and 531.653 [~~531.453~~], in determining

whether to award a grant to an applicant under this subchapter, the

commission shall consider:

(1) the demonstrated need for a partnership program in

the community in which the applicant proposes to operate or expand

the program, which may be determined by considering:

(A) the poverty rate, the crime rate, the number

of births to Medicaid recipients, the rate of poor birth outcomes,

and the incidence of child abuse and neglect during a prescribed

period in the community; and

(B) the need to enhance school readiness in the

community;

(2) the applicant's ability to participate in ongoing

monitoring and performance evaluations under Section 531.659

[~~531.459~~], including the applicant's ability to collect and provide

information requested by the commission under Section 531.659(c)

[~~531.459(c)~~];

(3) the applicant's ability to adhere to the

partnership program standards adopted under Section 531.656

[~~531.456~~];

(4) the applicant's ability to develop broad-based

community support for implementing or expanding a partnership

program, as applicable; and

(5) the applicant's history of developing and

sustaining innovative, high-quality programs that meet the needs of

families and communities.

(9) Subsections (a) and (b), Section 531.659,

Government Code, as renumbered from Section 531.459, Government

Code, by this article, are amended to read as follows:

(a) The commission, with the assistance of the Nurse-Family

Partnership National Service Office, shall:

(1) adopt performance indicators that are designed to

measure a grant recipient's performance with respect to the

partnership program standards adopted by the commission under

Section 531.656 [~~531.456~~];

(2) use the performance indicators to continuously

monitor and formally evaluate on an annual basis the performance of

each grant recipient; and

(3) prepare and submit an annual report, not later

than December 1 of each year, to the Senate Health and Human

Services Committee, or its successor, and the House Human Services

Committee, or its successor, regarding the performance of each

grant recipient during the preceding state fiscal year with respect

to providing partnership program services.

(b) The report required under Subsection (a)(3) must

include:

(1) the number of low-income, first-time mothers to

whom each grant recipient provided partnership program services

and, of that number, the number of mothers who established the

paternity of an alleged father as a result of services provided

under the program;

(2) the extent to which each grant recipient made

regular visits to mothers during the period described by Section

531.653(4) [~~531.453(4)~~]; and

(3) the extent to which each grant recipient adhered

to the Nurse-Family Partnership National Service Office's program

model, including the extent to which registered nurses:

(A) conducted home visitations comparable in

frequency, duration, and content to those delivered in Nurse-Family

Partnership National Service Office clinical trials; and

(B) assessed the health and well-being of mothers

and children participating in the partnership programs in

accordance with indicators of maternal, child, and family health

defined by the commission in consultation with the Nurse-Family

Partnership National Service Office.

(10) Subsection (d), Section 361.086, Health and

Safety Code, is amended to read as follows:

(d) A separate permit is not required for activities

authorized by a general permit issued under Section 27.025

[~~27.023~~], Water Code.

(11) Subsection (a), Section 91.027, Human Resources

Code, is amended to read as follows:

(a) To the extent that funds are available under Sections

521.421(j) [~~521.421(f), as added by Chapter 510, Acts of the 75th~~

~~Legislature, Regular Session, 1997,~~] and 521.422(b),

Transportation Code, the commission shall operate a Blindness

Education, Screening, and Treatment Program to provide:

(1) blindness prevention education and screening and

treatment to prevent blindness for residents who are not covered

under an adequate health benefit plan; and

(2) transition services to blind disabled individuals

eligible for vocational rehabilitation services under Section

91.052.

(12) Section 1216.003, Insurance Code, as renumbered

from Section 1215.003, Insurance Code, by this article, is amended

to read as follows:

Sec. 1216.003 [~~1215.003~~]. EXCEPTION. This chapter does not

apply to:

(1) a plan that provides coverage:

(A) only for a specified disease;

(B) only for accidental death or dismemberment;

period during which an employee is absent from work because of

sickness or injury;

(D) as a supplement to a liability insurance

policy;

(E) only for dental or vision care;

(F) only for indemnity for hospital confinement;

(G) only for health care services provided to an

enrollee while the enrollee is traveling to, visiting, or residing

in a foreign country;

(2) a Medicare supplemental policy as defined by

Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);

(3) a workers' compensation insurance policy;

(4) medical payment insurance coverage provided under

a motor vehicle insurance policy; or

(5) a long-term care insurance policy, including a

nursing home fixed indemnity policy, unless the commissioner

determines that the policy provides benefit coverage so

comprehensive that the policy is a health benefit plan as described

by Section 1216.002 [~~1215.002~~].

(13) Subdivisions (2) and (4), Section 1651.101,

Insurance Code, are amended to read as follows:

(2) "Dollar-for-dollar asset disregard" and "asset

protection" have the meanings assigned by Section 32.251 [~~32.101~~],

Human Resources Code.

(4) "Partnership for long-term care program" means the

program established under Subchapter F [C], Chapter 32, Human

Resources Code, and this subchapter.

(14) Subsection (b), Section 178.056, Local

Government Code, as renumbered from Section 177.056, Local

Government Code, by this article, is amended to read as follows:

(b) If the special district is located wholly or partly in

more than one county and if the action of more than one

commissioners court was needed under Section 178.055(b)(2)

[~~177.055(b)(2)~~] to remove the director, the commissioners court of

each of those counties must agree on the appointment.

(15) Section 8299.003, Special District Local Laws

Code, as renumbered from Section 8208.003, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8299.003 [~~8208.003~~]. CONFIRMATION ELECTION REQUIRED.

If the creation of the district is not confirmed at a confirmation

election held under Section 8299.055 [~~8208.055~~] before September 1,

2011:

(1) the district is dissolved September 1, 2011,

except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of

debts shall be transferred to Fort Bend County; and

maintained until all debts are paid and remaining assets are

transferred; and

(2) this chapter expires September 1, 2014.

(16) Subsection (b), Section 8299.053, Special

District Local Laws Code, as renumbered from Section 8208.053,

Special District Local Laws Code, by this article, is amended to

read as follows:

(b) Notwithstanding Section 8299.051(b) [~~8208.051(b)~~], the

terms of the first three directors named in Subsection (a) expire on

the uniform election date in May 2008, and the terms of the last two

directors named in Subsection (a) expire on the uniform election

date in May 2010.

(17) Section 8299.054, Special District Local Laws

Code, as renumbered from Section 8208.054, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8299.054 [~~8208.054~~]. CONSENT OF MUNICIPALITY

REQUIRED. The initial directors may not hold an election under

Section 8299.055 [~~8208.055~~] until each municipality in whose

corporate limits or extraterritorial jurisdiction the district is

located has adopted a resolution consenting to the creation of the

district.

(18) Section 8299.056, Special District Local Laws

Code, as renumbered from Section 8208.056, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8299.056 [~~8208.056~~]. EXPIRATION. Sections 8299.053

[~~8208.053~~], 8299.054 [~~8208.054~~], and 8299.055 [~~8208.055~~] and this

section expire September 1, 2011.

(19) Section 8299.151, Special District Local Laws

Code, as renumbered from Section 8208.151, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8299.151 [~~8208.151~~]. TAX TO REPAY BONDS. The district

may impose a tax to pay the principal of or interest on bonds issued

under Section 8299.201 [~~8208.201~~].

(20) Section 8299.201, Special District Local Laws

Code, as renumbered from Section 8208.201, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8299.201 [~~8208.201~~]. AUTHORITY TO ISSUE BONDS AND

OTHER OBLIGATIONS. (a) The district may issue bonds or other

obligations as provided by Chapters 49 and 54, Water Code, to

finance the construction, maintenance, or operation of projects

under Sections 8299.101 [~~8208.101~~] and 8299.102 [~~8208.102~~].

(b) The district may not issue bonds to finance projects

authorized by Section 8299.102 [~~8208.102~~] unless the issuance is

approved by a vote of a two-thirds majority of the voters of the

district voting at an election called for that purpose.

projects authorized by Section 8299.102 [~~8208.102~~] may not exceed

one-fourth of the assessed value of the real property in the

district.

(21) Subsection (b), Section 8300.051, Special

District Local Laws Code, as renumbered from Section 8210.051,

Special District Local Laws Code, by this article, is amended to

read as follows:

(b) Except as provided by Section 8300.053 [~~8210.053~~],

directors serve staggered four-year terms.

(22) Subsection (a), Section 8300.152, Special

District Local Laws Code, as renumbered from Section 8210.152,

Special District Local Laws Code, by this article, is amended to

read as follows:

(a) If authorized at an election held in accordance with

Section 8300.151 [~~8210.151~~], the district may impose an operation

and maintenance tax on taxable property in the district in

accordance with the provisions of Section [~~Chapter~~] 49.107, Water

Code.

(23) Section 8301.003, Special District Local Laws

Code, as renumbered from Section 8269.003, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8301.003 [~~8269.003~~]. CONFIRMATION ELECTION REQUIRED.

If the creation of the district is not confirmed at a confirmation

election held under Section 8301.023 [~~8269.023~~] before September 1,

2012:

(1) the district is dissolved September 1, 2012,

except that:

(A) any debts incurred shall be paid;

(B) any assets that remain after the payment of

debts shall be transferred to Hays County; and

maintained until all debts are paid and remaining assets are

transferred; and

(2) this chapter expires September 1, 2015.

(24) Subsection (d), Section 8301.021, Special

District Local Laws Code, as renumbered from Section 8269.021,

Special District Local Laws Code, by this article, is amended to

read as follows:

(d) Temporary directors serve until the earlier of:

(1) the date directors are elected under Section

8301.023 [~~8269.023~~]; or

(2) the date this chapter expires under Section

8301.003 [~~8269.003~~].

(25) Section 8301.024, Special District Local Laws

Code, as renumbered from Section 8269.024, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8301.024 [~~8269.024~~]. INITIAL ELECTED DIRECTORS;

TERMS. The directors elected under Section 8301.023 [~~8269.023~~]

shall draw lots to determine which two serve until the first

regularly scheduled election of directors under Section 8301.052

[~~8269.052~~] and which three shall serve until the second regularly

scheduled election of directors.

(26) Section 8301.025, Special District Local Laws

Code, as renumbered from Section 8269.025, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 8301.025 [~~8269.025~~]. DATE OF FIRST REGULARLY

SCHEDULED ELECTION OF DIRECTORS. The board by order may postpone

the first election under Section 8301.052 [~~8269.052~~] following the

confirmation and initial directors' election held under Section

8301.023 [~~8269.023~~] if:

(1) the election would otherwise occur not later than

the 60th day after the date on which the confirmation election is

held; or

(2) the board determines that there is not sufficient

time to comply with the requirements of law and to order the

election.

(27) Subsection (a), Section 8301.151, Special

District Local Laws Code, as renumbered from Section 8269.151,

Special District Local Laws Code, by this article, is amended to

read as follows:

(a) Except as provided by Section 8301.201(b)

[~~8269.201(b)~~], the district may issue, without an election, bonds

and other obligations secured by revenue or contract payments from

any source other than ad valorem taxation.

(28) Subsection (a), Section 8301.152, Special

District Local Laws Code, as renumbered from Section 8269.152,

Special District Local Laws Code, by this article, is amended to

read as follows:

(a) If authorized at an election held under Section 8301.151

[~~8269.151~~], the district may impose an operation and maintenance

tax on taxable property in the district in accordance with Section

49.107, Water Code.

(29) Subsections (b) and (c), Section 8301.201,

Special District Local Laws Code, as renumbered from Section

8269.201, Special District Local Laws Code, by this article, are

amended to read as follows:

(b) The district may not issue bonds to finance projects

authorized by Section 8301.103 [~~8269.103~~] unless the issuance is

approved by a vote of a two-thirds majority of the voters of the

district voting at an election called for that purpose.

projects authorized by Section 8301.103 [~~8269.103~~] may not exceed

one-fourth of the assessed value of the real property in the

district.

(30) Section 9015.051, Special District Local Laws

Code, as renumbered from Section 9009.051, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 9015.051 [~~9009.051~~]. AUTHORITY TERRITORY. The

authority is composed of the territory that was contained in the

city on January 1, 1981, as that territory may have been modified

under:

(1) Subchapter J, Chapter 49, Water Code;

(2) Section 5, Chapter 12, Acts of the 57th

Legislature, 3rd Called Session, 1962 (Article 8280-270, Vernon's

Texas Civil Statutes);

(3) Section 9015.052 [~~9009.052~~]; or

(4) other law.

(31) Subsection (g), Section 9015.052, Special

District Local Laws Code, as renumbered from Section 9009.052,

Special District Local Laws Code, by this article, is amended to

read as follows:

(g) An election held under Subsection (f) shall be held in

the same manner as an election under Section 9015.354 [~~9009.354~~]

for the issuance of bonds payable wholly or partly from taxes.

(32) Section 9015.254, Special District Local Laws

Code, as renumbered from Section 9009.254, Special District Local

Laws Code, by this article, is amended to read as follows:

Sec. 9015.254 [~~9009.254~~]. JUDICIAL NOTICE OF RULES. A

court shall take judicial notice of a rule adopted under this

subchapter and published as required by Section 9015.253

[~~9009.253~~], and the court shall consider the rule to be similar in

nature to a penal ordinance of a municipality.

(33) Subsection (k), Section 22.01, Tax Code, is

amended to read as follows:

(k) Notwithstanding Subsections (a) and (b), an individual

who has been granted or has applied for an exemption from taxation

under Section 11.254 [~~11.253~~] for a motor vehicle the individual

owns is not required to render the motor vehicle for taxation.

(34) Subsection (b), Section 521.427, Transportation

Code, is amended to read as follows:

(b) Subsection (a) does not apply to:

(1) the portion of a fee collected under Section

521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of

the 75th Legislature, Regular Session, 1997, that is required by

Section 662.011 to be deposited to the credit of the motorcycle

education fund account;

(2) a fee collected under Section 521.421(j)

[~~521.421(f), as added by Chapter 510, Acts of the 75th Legislature,~~

~~Regular Session, 1997~~];

(3) a fee collected under Section 521.421(g); or

(4) a fee collected under Section 521.422(b) or (c).

(35) Subsection (a), Section 522.029, Transportation

Code, is amended to read as follows:

(a) The fee for a commercial driver's license or commercial

driver learner's permit issued by the department is $60, except as

provided by Subsections (f), (h), [~~and~~] (j), and (k).

(36) Section 522.055, Transportation Code, is amended

to read as follows:

Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt

of notice from the other state that the grounds for denial of the

renewal of the commercial driver's license based on the license

holder's previous failure to appear or failure to pay a fine and

costs previously reported by that state under Section 522.0541

[~~522.054~~] have ceased to exist, the department shall renew the

person's commercial driver's license.

(37) Subsection (a), Section 2308.209, Occupations

Code, as renumbered from Section 643.209, Transportation Code, by

this article, is repealed.

SECTION 27.003. If the number, letter, or designation

assigned by Section 27.001 of this Act conflicts with a number,

letter, or designation assigned by another Act of the 81st

Legislature:

(1) the other Act controls, and the change made by

Section 27.001 of this Act has no effect; and

(2) any change made by Section 27.002 of this Act to

conform to that change made by Section 27.001 of this Act has no

effect.

ARTICLE 28. EFFECTIVE DATE

SECTION 28.001. This Act takes effect September 1, 2009.

______________________________

President of the Senate

Speaker of the House

I hereby certify that S.B. No. 1969 passed the Senate on

April 23, 2009, by the following vote: Yeas 30, Nays 0.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 1969 passed the House on

May 11, 2009, by the following vote: Yeas 144, Nays 0, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor