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A BILL TO BE ENTITLED
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AN ACT
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relating to nonsubstantive additions to and corrections in enacted |
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codes, to the nonsubstantive codification or disposition of various |
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laws omitted from enacted codes, to conforming codifications |
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enacted by the 80th Legislature to other Acts of that legislature, |
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and to the repeal of certain unconstitutional laws. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. This Act is enacted as part of the state's |
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continuing statutory revision program under Chapter 323, |
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Government Code. This Act is a revision for purposes of Section 43, |
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Article III, Texas Constitution, and has the purposes of: |
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(1) codifying without substantive change or providing |
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for other appropriate disposition of various statutes that were |
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omitted from enacted codes; |
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(2) conforming codifications enacted by the 80th |
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Legislature to other Acts of that legislature that amended the laws |
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codified or added new law to subject matter codified; |
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(3) making necessary corrections to enacted |
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codifications; |
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(4) repealing various civil statutes appellate courts |
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have held to be unconstitutional; and |
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(5) renumbering titles, chapters, and sections of |
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codes that duplicate title, chapter, or section numbers. |
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SECTION 1.002. (a) The repeal of a statute by this Act does |
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not affect an amendment, revision, or reenactment of the statute by |
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the 81st Legislature, Regular Session, 2009. The amendment, |
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revision, or reenactment is preserved and given effect as part of |
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the code provision that revised the statute so amended, revised, or |
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reenacted. |
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(b) If any provision of this Act conflicts with a statute |
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enacted by the 81st Legislature, Regular Session, 2009, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
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SECTION 2.001. Section 2.003(a), Agriculture Code, is |
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amended to correct an error in punctuation to read as follows: |
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(a) The agricultural policy of this state must consider and |
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address: |
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(1) water availability issues, including planning for |
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water supplies and drought preparedness and response, by ensuring |
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that a high priority is assigned to the agricultural use of water; |
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(2) transportation issues, by ensuring an efficient |
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and well-maintained farm-to-market road system and intermodal |
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transportation to provide adequate transportation for agricultural |
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products at competitive rates; |
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(3) state regulatory issues, by ensuring the |
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efficiency and profitability of agricultural enterprises while at |
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the same time protecting the health, safety, and welfare of |
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agricultural workers and citizens of this state;[.] |
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(4) state tax policy, by encouraging tax policy that |
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promotes the agriculture industry, including production and |
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processing; |
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(5) the availability of capital, including state loans |
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or grants authorized by Section 52-a, Article III, Texas |
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Constitution, by facilitating access to capital through loans and |
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grants authorized by the Texas Constitution for agricultural |
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producers who have established or intend to establish agricultural |
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operations in Texas; |
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(6) the promotion of Texas agricultural products, by |
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promoting the orderly and efficient marketing of agricultural |
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commodities and enhancing and expanding sales of Texas raw and |
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processed agricultural products in local, domestic, and foreign |
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markets; |
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(7) eradication, control, or exclusion of: |
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(A) injurious pests and diseases that affect |
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crops and livestock; and |
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(B) noxious plant and brush species; |
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(8) research and education efforts, including |
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financial risk management, consumer education, and education in the |
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public schools, by encouraging promotional and educational |
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programs involving all segments of agriculture and maintaining a |
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solid foundation of stable and long-term support for food and |
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agricultural research while improving accountability and gathering |
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public input concerning research; |
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(9) promotion of efficient utilization of soil and |
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water resources, by encouraging efforts to sustain the long-term |
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productivity of landowners by conserving and protecting the basic |
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resources of agriculture, including soil, water, and air, while |
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working within federal mandates relating to natural resources; |
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(10) rural economic and infrastructure development, |
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by enhancing, protecting, and encouraging the production of food |
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and other agricultural products; |
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(11) protection of property rights and the right to |
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farm, by promoting and protecting agricultural activities that are |
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established before nonagricultural activities located near the |
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agricultural activities and are reasonable and consistent with good |
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agricultural practices; |
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(12) preservation of farmland, ranchland, timberland, |
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and other land devoted to agricultural purposes, by encouraging the |
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development and improvement of the land for the production of food |
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and other agricultural products consistent with the philosophy of a |
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private property rights state; |
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(13) food safety, by continuing to support production |
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of the safest food in the world with regulations based on sound |
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scientific evidence; |
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(14) efforts to participate in the formulation of |
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federal programs and policies, by actively addressing the |
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development of federal policy that affects this state; |
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(15) promotion of rural fire service, by seeking |
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opportunities to improve the sustainability and effectiveness of |
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rural fire service for the protection of the general public and |
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natural resources; and |
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(16) promotion of value-added agricultural |
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enterprises, by promoting efforts to increase the value of Texas |
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agricultural products through processing, management practices, or |
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other procedures that add consumer benefits to agricultural goods. |
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SECTION 2.002. Section 58.039, Agriculture Code, as added |
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by Section 1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th |
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Legislature, 2nd Called Session, 1987, and Section 58.039, |
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Agriculture Code, as added by Section 1, Chapter 1247 (H.B. 1111), |
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Acts of the 71st Legislature, Regular Session, 1989, are reenacted |
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and amended to consolidate the two versions of Section 58.039 and to |
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correct a typographical error to read as follows: |
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Sec. 58.039. REVIEW BOARD. (a) The bond review board is |
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composed of: |
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(1) the governor; |
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(2) the lieutenant governor; |
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(3) the speaker of the house of representatives; and |
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(4) the comptroller of public accounts. |
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(b) The governor is chairman of the review board. |
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(c) Bonds may not be issued under this chapter, and proceeds |
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of bonds under this chapter may not be used to finance a program |
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unless the issuance or [of] program, as applicable, has been |
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reviewed and approved by the review board. |
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(d) The review board may adopt rules governing application |
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for review, the review process, and reporting requirements. |
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(e) A member of the review board may not be held liable for |
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damages resulting from the performance of the members' functions |
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under this chapter. |
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SECTION 2.003. Section 143.021(a), Agriculture Code, is |
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amended to correct a typographical error to read as follows: |
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(a) In accordance with this section, the freeholders of a |
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county or an area within a county may petition the commissioners |
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[commissions] court to conduct an election for the purpose of |
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determining if horses, mules, jacks, jennets, donkeys, hogs, sheep, |
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or goats are to be permitted to run at large in the county or area. |
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ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE |
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SECTION 3.001. Section 16.06, Alcoholic Beverage Code, is |
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amended to add a heading to read as follows: |
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Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE |
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EVALUATION ACTIVITIES. (a) For the purpose of participating in an |
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organized wine tasting, wine evaluation, wine competition, or |
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literary review, the holder of a winery permit may deliver wine |
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produced and manufactured by the holder to locations that are not |
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licensed under this code for the purpose of submitting the wine to |
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an evaluation at an organized wine tasting competition attended |
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primarily by unlicensed persons or by a wine reviewer whose reviews |
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are published if: |
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(1) no charge of any kind is made for the wine, |
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delivery, or attendance at the event; and |
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(2) the commission consents in writing to the |
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delivery. |
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(b) In connection with events authorized by Subsection (a) |
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of this section, the holder of the winery permit may dispense wine |
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to individuals attending the event and discuss with them the |
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manufacture and characteristics of the wine. |
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ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 4.001. (a) Title 4, Business & Commerce Code, is |
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amended to recodify Section 35.521, Business & Commerce Code, as |
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added by Section 1, Chapter 498 (S.B. 324), Acts of the 80th |
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Legislature, Regular Session, 2007, by adding Chapter 56 to read as |
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follows: |
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CHAPTER 56. AGREEMENT FOR PAYMENT OF CONSTRUCTION SUBCONTRACTOR |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 56.001. DEFINITIONS. In this chapter: |
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(1) "Contingent payee" means a party to a contract |
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with a contingent payment clause, other than an architect or |
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engineer, whose receipt of payment is conditioned on the contingent |
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payor's receipt of payment from another person. |
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(2) "Contingent payment clause" means a provision in a |
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contract for construction management, or for the construction of |
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improvements to real property or the furnishing of materials for |
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the construction, that provides that the contingent payor's receipt |
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of payment from another is a condition precedent to the obligation |
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of the contingent payor to make payment to the contingent payee for |
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work performed or materials furnished. |
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(3) "Contingent payor" means a party to a contract |
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with a contingent payment clause that conditions payment by the |
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party on the receipt of payment from another person. |
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(4) "Improvement" includes new construction, |
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remodeling, or repair. |
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(5) "Obligor" means the person obligated to make |
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payment to the contingent payor for an improvement. |
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(6) "Primary obligor" means the owner of the real |
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property to be improved or repaired under the contract, or the |
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contracting authority if the contract is for a public project. A |
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primary obligor may be an obligor. |
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Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN |
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CONTRACTS. This chapter does not apply to a contract that is solely |
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for: |
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(1) design services; |
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(2) the construction or maintenance of a road, |
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highway, street, bridge, utility, water supply project, water |
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plant, wastewater plant, water and wastewater distribution or |
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conveyance facility, wharf, dock, airport runway or taxiway, |
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drainage project, or related type of project associated with civil |
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engineering construction; or |
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(3) improvements to or the construction of a structure |
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that is a: |
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(A) detached single-family residence; |
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(B) duplex; |
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(C) triplex; or |
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(D) quadruplex. |
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Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT |
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PROVISIONS. This chapter does not affect a provision that affects |
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the timing of a payment in a contract for construction management or |
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for the construction of improvements to real property if the |
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payment is to be made within a reasonable period. |
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Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not |
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waive this chapter by contract or other means. A purported waiver |
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of this chapter is void. |
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[Sections 56.005-56.050 reserved for expansion] |
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SUBCHAPTER B. CONTINGENT PAYMENT CLAUSE |
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Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT |
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CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its |
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surety may not enforce a contingent payment clause to the extent |
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that the obligor's nonpayment to the contingent payor is the result |
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of the contractual obligations of the contingent payor not being |
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met, unless the nonpayment is the result of the contingent payee's |
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failure to meet the contingent payee's contractual requirements. |
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Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING |
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NOTICE FROM CONTINGENT PAYEE. (a) Except as provided by |
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Subsection (d), a contingent payor or its surety may not enforce a |
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contingent payment clause as to work performed or materials |
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delivered after the contingent payor receives written notice from |
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the contingent payee objecting to the further enforceability of the |
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contingent payment clause as provided by this chapter and the |
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notice becomes effective as provided by Subsection (b). The |
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contingent payee may send written notice only after the 45th day |
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after the date the contingent payee submits a written request for |
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payment to the contingent payor that is in a form substantially in |
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accordance with the contingent payee's contract requirements for |
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the contents of a regular progress payment request or an invoice. |
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(b) For purposes of Subsection (a), the written notice |
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becomes effective on the latest of: |
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(1) the 10th day after the date the contingent payor |
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receives the notice; |
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(2) the eighth day after the date interest begins to |
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accrue against the obligor under: |
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(A) Section 28.004, Property Code, under a |
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contract for a private project governed by Chapter 28, Property |
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Code; or |
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(B) 31 U.S.C. Section 3903(a)(6), under a |
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contract for a public project governed by 40 U.S.C. Section 3131; or |
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(3) the 11th day after the date interest begins to |
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accrue against the obligor under Section 2251.025, Government Code, |
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under a contract for a public project governed by Chapter 2251, |
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Government Code. |
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(c) A notice given by a contingent payee under Subsection |
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(a) does not prevent enforcement of a contingent payment clause if: |
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(1) the obligor has a dispute under Chapter 28, |
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Property Code, Chapter 2251, Government Code, or 31 U.S.C. Chapter |
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39 as a result of the contingent payee's failure to meet the |
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contingent payee's contractual requirements; and |
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(2) the contingent payor gives notice in writing to |
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the contingent payee that the written notice given under Subsection |
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(a) does not prevent enforcement of the contingent payment clause |
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under this subsection and the contingent payee receives the notice |
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under this subdivision not later than the later of: |
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(A) the fifth day before the date the written |
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notice from the contingent payee under Subsection (a) becomes |
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effective under Subsection (b); or |
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(B) the fifth day after the date the contingent |
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payor receives the written notice from the contingent payee under |
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Subsection (a). |
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(d) A written notice given by a contingent payee under |
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Subsection (a) does not prevent the enforcement of a contingent |
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payment clause to the extent that the funds are not collectible as a |
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result of a primary obligor's successful assertion of a defense of |
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sovereign immunity, if the contingent payor has exhausted all of |
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its rights and remedies under its contract with the primary obligor |
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and under Chapter 2251, Government Code. This subsection does not: |
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(1) create or validate a defense of sovereign |
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immunity; or |
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(2) extend to a primary obligor a defense or right that |
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did not exist before September 1, 2007. |
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(e) On receipt of payment by the contingent payee of the |
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unpaid indebtedness giving rise to the written notice provided by |
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the contingent payee under Subsection (a), the contingent payment |
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clause is reinstated as to work performed or materials furnished |
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after the receipt of the payment, subject to the provisions of this |
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chapter. |
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Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE |
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OF SHAM RELATIONSHIP. A contingent payor or its surety may not |
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enforce a contingent payment clause if the contingent payor is in a |
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sham relationship with the obligor, as described by the sham |
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relationships in Section 53.026, Property Code. |
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Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF |
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UNCONSCIONABLE. (a) A contingent payor or its surety may not |
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enforce a contingent payment clause if the enforcement would be |
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unconscionable. The party asserting that a contingent payment |
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clause is unconscionable has the burden of proving that the clause |
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is unconscionable. |
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(b) The enforcement of a contingent payment clause is not |
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unconscionable if the contingent payor: |
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(1) proves that the contingent payor has exercised |
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diligence in ascertaining and communicating in writing to the |
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contingent payee, before the contract in which the contingent |
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payment clause has been asserted becomes enforceable against the |
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contingent payee, the financial viability of the primary obligor |
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and the existence of adequate financial arrangements to pay for the |
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improvements; and |
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(2) has done the following: |
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(A) made reasonable efforts to collect the amount |
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owed to the contingent payor; or |
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(B) made or offered to make, at a reasonable |
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time, an assignment by the contingent payor to the contingent payee |
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of a cause of action against the obligor for the amounts owed to the |
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contingent payee by the contingent payor and offered reasonable |
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cooperation to the contingent payee's collection efforts, if the |
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assigned cause of action is not subject to defenses caused by the |
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contingent payor's action or failure to act. |
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(c) A cause of action brought on an assignment made under |
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Subsection (b)(2)(B) is enforceable by a contingent payee against |
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an obligor or a primary obligor. |
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(d) A contingent payor is considered to have exercised |
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diligence for purposes of Subsection (b)(1) under a contract for a |
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private project governed by Chapter 53, Property Code, if the |
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contingent payee receives in writing from the contingent payor: |
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(1) the name, address, and business telephone number |
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of the primary obligor; |
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(2) a description, legally sufficient for |
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identification, of the property on which the improvements are being |
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constructed; |
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(3) the name and address of the surety on any payment |
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bond provided under Subchapter I, Chapter 53, Property Code, to |
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which any notice of claim should be sent; |
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(4) if a loan has been obtained for the construction of |
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improvements: |
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(A) a statement, furnished by the primary obligor |
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and supported by reasonable and credible evidence from all |
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applicable lenders, of the amount of the loan; |
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(B) a summary of the terms of the loan; |
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(C) a statement of whether there is foreseeable |
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default of the primary obligor; and |
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(D) the name, address, and business telephone |
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number of the borrowers and lenders; and |
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(5) a statement, furnished by the primary obligor and |
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supported by reasonable and credible evidence from all applicable |
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banks or other depository institutions, of the amount, source, and |
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location of funds available to pay the balance of the contract |
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amount if there is no loan or the loan is not sufficient to pay for |
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all of the construction of the improvements. |
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(e) A contingent payor is considered to have exercised |
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diligence for purposes of Subsection (b)(1) under a contract for a |
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public project governed by Chapter 2253, Government Code, if the |
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contingent payee receives in writing from the contingent payor: |
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(1) the name, address, and primary business telephone |
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number of the primary obligor; |
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(2) the name and address of the surety on the payment |
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bond provided to the primary obligor to which any notice of claim |
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should be sent; and |
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(3) a statement from the primary obligor that funds |
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are available and have been authorized for the full contract amount |
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for the construction of the improvements. |
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(f) A contingent payor is considered to have exercised |
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diligence for purposes of Subsection (b)(1) under a contract for a |
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public project governed by 40 U.S.C. Section 3131 if the contingent |
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payee receives in writing from the contingent payor: |
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(1) the name, address, and primary business telephone |
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number of the primary obligor; |
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(2) the name and address of the surety on the payment |
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bond provided to the primary obligor; and |
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(3) the name of the contracting officer, if known at |
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the time of the execution of the contract. |
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(g) A primary obligor shall furnish the information |
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described by Subsection (d) or (e), as applicable, to the |
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contingent payor not later than the 30th day after the date the |
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primary obligor receives a written request for the information. If |
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the primary obligor fails to provide the information under the |
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written request, the contingent payor, the contingent payee, and |
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their sureties are relieved of the obligation to initiate or |
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continue performance of the construction contracts of the |
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contingent payor and contingent payee. |
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Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR |
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PERFECTION OF MECHANIC'S LIEN PROHIBITED. A contingent payment |
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clause may not be used as a basis for invalidation of the |
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enforceability or perfection of a mechanic's lien under Chapter 53, |
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Property Code. |
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Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE. |
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The assertion of a contingent payment clause is an affirmative |
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defense to a civil action for payment under a contract. |
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Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a |
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primary obligor may not prohibit a contingent payor from allocating |
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risk by means of a contingent payment clause. |
|
(b) Section 35.521, Business & Commerce Code, as added by |
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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 |
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added to conform to Section 1, Chapter 1206 (H.B. 1751), Acts of the |
|
80th Legislature, Regular Session, 2007, to read as follows: |
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SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR |
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EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES |
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(b) Section 1, Chapter 1206 (H.B. 1751), Acts of the 80th |
|
Legislature, Regular Session, 2007, which designated former |
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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. |
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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 |
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follows: |
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Sec. 102.001. DEFINITIONS. In this subchapter [chapter]: |
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(1) "Sex offender" means a person who has been |
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convicted of or placed on deferred adjudication for an offense for |
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which a person is subject to registration under Chapter 62, Code of |
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Criminal Procedure. |
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(2) "Sexually oriented business" has the meaning |
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assigned by Section 243.002, Local Government Code. |
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(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. |
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SECTION 4.004. Subchapter B, Chapter 47, Business & |
|
Commerce Code, as added by Section 3, Chapter 1206 (H.B. 1751), Acts |
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of the 80th Legislature, Regular Session, 2007, is redesignated as |
|
Subchapter B, Chapter 102, Business & Commerce Code, and the |
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sections in that redesignated subchapter, Sections 47.051, 47.052, |
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47.053, 47.054, 47.055, 47.0551, and 47.056, are redesignated as |
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Sections 102.051, 102.052, 102.053, 102.054, 102.055, 102.0551, |
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and 102.056, respectively. |
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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 |
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as follows: |
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CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER |
|
Sec. 204.001. DEFINITIONS. In this chapter: |
|
(1) "Plastic bulk merchandise container" means a |
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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. |
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Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC |
|
BULK MERCHANDISE CONTAINER. (a) A person who is in the business of |
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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. |
|
(c) A person who violates Subsection (a) or (b) is liable to |
|
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 |
|
(C) a call or other transmission, including a |
|
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; |
|
(C) the duration of a call made to or by a |
|
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; |
|
(C) fraudulently accessing the record through |
|
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. |
|
(c) In addition to the penalties provided by Subsection (b), |
|
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; |
|
(C) to the National Center for Missing and |
|
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 |
|
(C) the Health Insurance Portability and |
|
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 |
|
(c) Section 35.595, Business & Commerce Code, as added by |
|
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; |
|
(C) any discount, cash, credit, or credit toward |
|
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; |
|
or |
|
(2) the expiration date of the service period. |
|
(c) If the person offering the rebate receives a rebate |
|
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 |
|
(C) a private postsecondary educational |
|
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. |
|
(c) 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, 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. |
|
(c) The plaintiff in the action must allege by verified |
|
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; |
|
(C) sexual assault, if during the investigation |
|
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; |
|
(C) forgery or the uttering, using or passing of |
|
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; |
|
(C) a violation under Sections 162.403(22)-(39), |
|
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; |
|
(C) injury to an elderly or disabled individual |
|
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 |
|
(C) burglary under Section 30.02, Penal Code, if |
|
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: |
|
(c) A parole, probation, or community supervision office, |
|
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); |
|
(C) Section 21.11(a)(1), Penal Code (Indecency |
|
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; |
|
(C) the 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; |
|
(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: |
|
(c) In determining whether information is required to be |
|
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; |
|
or |
|
(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: |
|
(c) A school district may excuse a student in grades 6 |
|
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; |
|
(C) an administrator of a public primary school; |
|
(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. |
|
(c) The board may adopt other rules relating to the |
|
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. |
|
(c) The banking commissioner may administer oaths and |
|
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: |
|
(c) Rules adopted under this subtitle may specify the |
|
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 |
|
(C) the individual [person] has three years of |
|
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; |
|
or |
|
(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; |
|
(C) the name and county of residence of the |
|
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]. |
|
(c) The legislature may appropriate money deposited to the |
|
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; |
|
(C) grants for equipment for sexual assault nurse |
|
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 |
|
(C) while serving on state active duty or active |
|
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 |
|
(C) satisfactorily in defense support to a |
|
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; |
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CLOSED MEETING. |
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SECTION 11.012. Sections 551.0812 and 572.003(c)(20), |
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Government Code, are repealed to conform to the abolition of the |
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State Banking Board by Chapter 914 (H.B. 1543), Acts of the 74th |
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Legislature, Regular Session, 1995. |
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SECTION 11.013. The heading to Section 551.121, Government |
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Code, as amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), |
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Acts of the 80th Legislature, Regular Session, 2007, is reenacted |
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to read as follows: |
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Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER |
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EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER |
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EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE |
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ACTION. |
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SECTION 11.014. Section 551.121(c), Government Code, as |
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amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted to read as |
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follows: |
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(c) A meeting held by telephone conference call authorized |
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by this section may be held only if: |
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(1) the meeting is a special called meeting and |
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immediate action is required; and |
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(2) the convening at one location of a quorum of the |
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governing board, the Board for Lease of University Lands, or the |
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Texas Higher Education Coordinating Board, as applicable, is |
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difficult or impossible. |
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SECTION 11.015. Section 1371.152, Government Code, is |
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amended to correct references to read as follows: |
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Sec. 1371.152. EXEMPTIONS. This subchapter does not apply |
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to: |
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(1) an issuer who has more than $3 billion in |
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outstanding obligations as of September 1, 2007, or to a nonprofit |
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corporation investing funds on behalf of such an issuer; |
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(2) a person acting as a financial adviser with |
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respect to an issuance of public securities by an issuer created |
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under Chapter 8503, Special District Local Laws Code [222, Water
|
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Code], delivered before January 1, 2010, under a contract that was |
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in effect on September 1, 2007, and that has not been modified since |
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that date; |
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(3) an employee of an issuer providing advice to the |
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issuer or to another issuer; |
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(4) a state agency: |
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(A) created by Section 49-b, Article III, Texas |
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Constitution; or |
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(B) the head of which is an officer in the |
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executive department under Section 1, Article IV, Texas |
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Constitution; or |
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(5) a corporation created under Chapter 505, Local |
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Government Code [Section 4B, Development Corporation Act of 1979
|
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(Article 5190.6, Vernon's Texas Civil Statutes)], by a municipality |
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located in a county bordering the Rio Grande River. |
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SECTION 11.016. Section 1372.0222, Government Code, as |
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amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and 1108 (H.B. |
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3552), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted to read as follows: |
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Sec. 1372.0222. DEDICATION OF PORTION OF STATE CEILING FOR |
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FIRE FIGHTER, LAW ENFORCEMENT OR SECURITY OFFICER, AND EMERGENCY |
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MEDICAL SERVICES PERSONNEL HOME LOAN PROGRAM. Until August 7, out |
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of that portion of the state ceiling that is available exclusively |
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for reservations by the Texas State Affordable Housing Corporation |
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under Section 1372.0223, 45.5 percent shall be allotted each year |
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and made available to the corporation for the purpose of issuing |
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qualified mortgage bonds in connection with the fire fighter, law |
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enforcement or security officer, and emergency medical services |
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personnel home loan program established under Section 2306.5621. |
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SECTION 11.017. Section 1372.031, Government Code, as |
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amended by Chapters 991 (S.B. 1332) and 1108 (H.B. 3552), Acts of |
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the 80th Legislature, Regular Session, 2007, is reenacted to read |
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as follows: |
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Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN |
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ISSUERS. (a) Except as provided by Subsection (b) and subject to |
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Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before |
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October 20, more than one issuer in a category described by Section |
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1372.022(a)(2), (3), (4), or (6) applies for a reservation of the |
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state ceiling for the next program year, the board shall grant |
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reservations in that category in the order determined by the board |
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by lot. |
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(b) Until August 1 of the program year, within the category |
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described by Section 1372.022(a)(6), the board shall grant priority |
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to the Texas Economic Development Bank for projects that the Texas |
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Economic Development and Tourism Office determines meet the |
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governor's criteria for funding from the Texas Enterprise Fund. |
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Notwithstanding the priority, the Texas Economic Development Bank |
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may not receive an amount greater than one-sixth of the portion of |
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the state ceiling available under Section 1372.022(a)(6) on January |
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1 of the program year. |
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(c) In selecting projects for reservations of the state |
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ceiling for a program year under Subsection (b), among those |
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projects the Texas Economic Development and Tourism Office |
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determines meet the governor's criteria for funding from the Texas |
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Enterprise Fund the office shall give priority to obtaining |
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reservations for those projects located or to be located in an |
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economically depressed or blighted area, as defined by Section |
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2306.004, or in an enterprise zone designated under Chapter 2303. |
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(d) This section and Section 1372.063 do not give a priority |
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to any project described by Subsection (b) for the purpose of |
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selecting projects for reservations under Section 1372.022(b). |
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(e) The Texas Economic Development Bank is subject to |
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Section 1201.027(d). |
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SECTION 11.018. Section 2054.055(b), Government Code, as |
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amended by Chapters 394 (S.B. 757), 691 (H.B. 1788), and 1208 (H.B. |
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1789), Acts of the 80th Legislature, Regular Session, 2007, is |
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reenacted and amended to read as follows: |
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(b) The report must: |
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(1) assess the progress made toward meeting the goals |
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and objectives of the state strategic plan for information |
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resources management; |
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(2) describe major accomplishments of the state or a |
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specific state agency in information resources management; |
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(3) describe major problems in information resources |
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management confronting the state or a specific state agency; |
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(4) provide a summary of the total expenditures for |
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information resources and information resources technologies by |
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the state; |
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(5) make recommendations for improving the |
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effectiveness and cost-efficiency of the state's use of information |
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resources; |
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(6) describe the status, progress, benefits, and |
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efficiency gains of the TexasOnline project, including any |
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significant issues regarding contract performance; |
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(7) provide a financial summary of the TexasOnline |
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project, including project costs and revenues; |
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(8) provide a summary of the amount and use of |
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Internet-based training conducted by each state agency and |
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institution of higher education; [and] |
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(9) provide a summary of agency and statewide results |
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in providing access to electronic and information resources to |
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individuals with disabilities as required by Subchapter M; and |
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(10) [(7)] assess the progress made toward |
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accomplishing the goals of the plan for a state telecommunications |
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network and developing a system of telecommunications services as |
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provided by Subchapter H. |
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SECTION 11.019. Section 2054.092(b), Government Code, as |
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amended by Chapters 394 (S.B. 757) and 691 (H.B. 1788), Acts of the |
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80th Legislature, Regular Session, 2007, is reenacted and amended |
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to read as follows: |
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(b) The plan must: |
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(1) provide a strategic direction for information |
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resources management in state government for the five fiscal years |
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following adoption of the plan; |
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(2) outline a state information architecture that |
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contains a logically consistent set of principles, policies, and |
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standards to guide the engineering of state government's |
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information technology systems and infrastructure in a way that |
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ensures compatibility and alignment with state government's needs; |
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(3) designate and report on critical electronic |
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government projects to be directed by the department, including a |
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project for electronic purchasing; |
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(4) provide information about best practices to assist |
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state agencies in adopting effective information management |
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methods, including the design, deployment, and management of |
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information resources projects, cost-benefit analyses, and staff |
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reengineering methods to take full advantage of technological |
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advancements; |
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(5) provide long-range policy guidelines for |
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information resources in state government, including the |
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implementation of national, international, and department |
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standards for information resources technologies; |
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(6) identify major issues faced by state agencies |
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related to the acquisition of computer hardware, computer software, |
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and information resources technology services and develop a |
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statewide approach to address the issues, including: |
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(A) developing performance measures for |
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purchasing and contracting; and |
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(B) identifying opportunities to reuse computer |
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software code purchased with public funds; [and] |
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(7) identify priorities for: |
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(A) the implementation of information resources |
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technologies according to the relative economic and social impact |
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on the state; and |
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(B) return on investment and cost-benefit |
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analysis strategies; and |
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(8) [(9)] provide information about best practices to |
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assist state agencies in adopting methods for design, deployment, |
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and management of telecommunications services. |
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SECTION 11.020. Section 2054.096(a), Government Code, as |
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amended by Chapter 645 (H.B. 921), Acts of the 80th Legislature, |
|
Regular Session, 2007, is repealed to conform to the repeal of |
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Section 2054.096, Government Code, by Chapter 691 (H.B. 1788), Acts |
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of the 80th Legislature, Regular Session, 2007, a later enactment. |
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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 |
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to read as follows: |
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(b) Except as provided by Subsection (c), the state agency |
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must file the project plan with the quality assurance team and the |
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department before the agency: |
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(1) spends more than 10 percent of allocated funds for |
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the project or major contract; or |
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(2) first issues a vendor solicitation for the project |
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or contract. |
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(c) Unless the project plan has been filed under this |
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section: |
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(1) a vendor solicitation may not be issued for the |
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project or major contract; and |
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(2) the agency may not post a vendor solicitation for |
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the project or contract in the state business daily under Section |
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2155.083. |
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SECTION 11.022. Section 2155.068(d), Government Code, as |
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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: |
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(d) As part of the standards and specifications program, the |
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commission shall: |
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(1) review contracts for opportunities to recycle |
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waste produced at state buildings; |
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(2) develop and update a list of equipment and |
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appliances that meet the energy efficiency standards provided by |
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Section 2158.301; and |
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(3) assist state agencies in selecting products under |
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Section 2158.301, as appropriate. |
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SECTION 11.023. Section 2264.001(1), Government Code, as |
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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: |
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(1) "Economic development corporation" means a |
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development corporation organized under Subtitle C1, Title 12, |
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Local Government Code [the Development Corporation Act of 1979
|
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(Article 5190.6, Vernon's Texas Civil Statutes)]. |
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SECTION 11.024. Section 2306.1076(b), Government Code, as |
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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: |
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(b) In addition to funds set aside for the program under |
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Section 1372.023, the department may solicit and accept funding for |
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the program from gifts and grants for the purposes of this section. |
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SECTION 11.025. Sections 2306.553(a) and (b), Government |
|
Code, as amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and |
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1108 (H.B. 3552), Acts of the 80th Legislature, Regular Session, |
|
2007, are reenacted to read as follows: |
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(a) The public purpose of the corporation is to perform |
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activities and services that the corporation's board of directors |
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determines will promote the public health, safety, and welfare |
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through the provision of adequate, safe, and sanitary housing |
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primarily for individuals and families of low, very low, and |
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extremely low income and for persons who are eligible for loans |
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under the home loan programs provided by Sections 2306.562 and |
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2306.5621. The activities and services shall include engaging in |
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mortgage banking activities and lending transactions and |
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acquiring, holding, selling, or leasing real or personal property. |
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(b) The corporation's primary public purpose is to |
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facilitate the provision of housing by issuing qualified 501(c)(3) |
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bonds and qualified residential rental project bonds and by making |
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affordable loans to individuals and families of low, very low, and |
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extremely low income and to persons who are eligible for loans under |
|
the home loan programs provided by Sections 2306.562 and |
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2306.5621. The corporation may make first lien, single family |
|
purchase money mortgage loans for single family homes only to |
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individuals and families of low, very low, and extremely low income |
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if the individual's or family's household income is not more than |
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the greater of 60 percent of the median income for the state, as |
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defined by the United States Department of Housing and Urban |
|
Development, or 60 percent of the area median family income, |
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adjusted for family size, as defined by that department. The |
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corporation may make loans for multifamily developments if: |
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(1) at least 40 percent of the units in a multifamily |
|
development are affordable to individuals and families with incomes |
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at or below 60 percent of the median family income, adjusted for |
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family size; or |
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(2) at least 20 percent of the units in a multifamily |
|
development are affordable to individuals and families with incomes |
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at or below 50 percent of the median family income, adjusted for |
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family size. |
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PART B. UPDATE OF COURT FEES |
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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; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) 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 |
|
(C) to fund the improvement of Hays County court |
|
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; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(5) 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; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; and |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
(17) 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; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) 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 |
|
(C) to fund the improvement of Hays County court |
|
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 |
|
(C) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(9) a stenographer's fee as costs in each civil, |
|
criminal, and probate case in which a record is made by the official |
|
court reporter in a statutory county court in Nolan County (Sec. |
|
25.1792, Government Code) . . . $25; |
|
(10) in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; and |
|
(11) a fee not otherwise listed in this subchapter |
|
that is required to be collected under Section 25.0008, Government |
|
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
|
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
|
Victoria, and Williamson . . . as prescribed by law relating to |
|
county judges' fees. |
|
(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 |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) 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; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; [and] |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; 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; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $5; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $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. |
|
(c) Section 101.0815, Government Code, is amended to |
|
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; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) 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 |
|
(C) to fund the improvement of Hays County court |
|
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; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; [and] |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; 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; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
(c) Section 101.1014, Government Code, is amended to |
|
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; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) 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 |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) 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; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; [and] |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; 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; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) 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. |
|
(c) Section 101.121, Government Code, as amended by |
|
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 |
|
(C) to fund the improvement of Hays County court |
|
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; |
|
(C) execution, order of sale, writ of |
|
restitution, or other writ or process (Sec. 118.121, Local |
|
Government Code) . . . $5 per page; |
|
(D) certified copy of court papers (Secs. 118.121 |
|
and 118.1235, Local Government Code) . . . $2 for first page; $0.25 |
|
for each additional page; and |
|
(E) issuing other document (no return required) |
|
(Sec. 118.121, Local Government Code) . . . $1 for first page; |
|
$0.25 for each additional page. |
|
(c) Section 101.141, Government Code, as amended by |
|
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; |
|
(C) summoning a witness (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(D) serving a writ not otherwise listed (Art. |
|
102.011, Code of Criminal Procedure) . . . $35; |
|
(E) taking and approving a bond and, if |
|
necessary, returning the bond to courthouse (Art. 102.011, Code of |
|
Criminal Procedure) . . . $10; |
|
(F) commitment or release (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(G) summoning a jury (Art. 102.011, Code of |
|
Criminal Procedure) . . . $5; |
|
(H) attendance of a prisoner in habeas corpus |
|
case if prisoner has been remanded to custody or held to bail (Art. |
|
102.011, Code of Criminal Procedure) . . . $8 each day; |
|
(I) mileage for certain services performed (Art. |
|
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and |
|
(J) services of a sheriff or constable who serves |
|
process and attends examining trial in certain cases (Art. 102.011, |
|
Code of Criminal Procedure) . . . not to exceed $5; |
|
(4) 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 |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $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; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(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; |
|
(C) issuing and delivering modified writ of |
|
withholding or notice of termination (Sec. 8.302, Family Code) |
|
. . . $15; |
|
(D) issuing and delivering notice of termination |
|
of withholding (Sec. 8.303, Family Code) . . . $15; |
|
(E) issuance of change of name certificate (Sec. |
|
45.106, Family Code) . . . $10; |
|
(F) protective order fee (Sec. 81.003, Family |
|
Code) . . . $16; |
|
(G) filing suit requesting adoption of child |
|
(Sec. 108.006, Family Code) . . . $15; |
|
(H) filing fees for suits affecting parent-child |
|
relationship (Sec. 110.002, Family Code): |
|
(i) suit or motion for modification (Sec. |
|
110.002, Family Code) . . . $15; |
|
(ii) motion for enforcement (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(iii) notice of application for judicial |
|
writ of withholding (Sec. 110.002, Family Code) . . . $15; |
|
(iv) motion to transfer (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(v) petition for license suspension (Sec. |
|
110.002, Family Code) . . . $15; |
|
(vi) motion to revoke a stay of license |
|
suspension (Sec. 110.002, Family Code) . . . $15; and |
|
(vii) motion for contempt (Sec. 110.002, |
|
Family Code) . . . $15; |
|
(I) order or writ of income withholding to be |
|
delivered to employer (Sec. 110.004, Family Code) . . . not to |
|
exceed $15; |
|
(J) filing fee for transferred case (Sec. |
|
110.005, Family Code) . . . $45; |
|
(K) filing a writ of withholding (Sec. 158.319, |
|
Family Code) . . . $15; |
|
(L) filing a request for modified writ of |
|
withholding or notice of termination (Sec. 158.403, Family Code) |
|
. . . not to exceed $15; |
|
(M) filing an administrative writ to employer |
|
(Sec. 158.503, Family Code) . . . not to exceed $15; and |
|
(N) genetic testing fees in relation to a child |
|
born to a gestational mother (Sec. 160.762, Family Code) . . . as |
|
assessed by the court; and |
|
(2) 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; |
|
(C) court costs for juvenile probation diversion |
|
fund (Sec. 54.0411, Family Code) . . . $20; |
|
(D) a juvenile delinquency prevention fee (Sec. |
|
54.0461, Family Code) . . . $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; |
|
(C) real-time communication of enrollee status |
|
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; |
|
(C) providing technical expertise where |
|
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 |
|
(C) 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 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: |
|
(c) A public nuisance is: |
|
(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: |
|
(c) A penalty collected under Subchapter C or D, Chapter 7, |
|
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 |
|
(C) marine vessels; |
|
(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. |
|
(c) In evaluating a request for funding of an eligible |
|
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. |
|
(c) Each political subdivision, institution of higher |
|
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: |
|
(c) The commission and department may collect a fee, in |
|
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. |
|
(c) If the comptroller fails to notify the certified capital |
|
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. |
|
(c) With respect to credits earned as a result of |
|
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. |
|
(c) A certified capital company and the company's |
|
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. |
|
(c) The maximum amount of certified capital for which |
|
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. |
|
(c) The licensing and regulation of agents for fraternal |
|
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 |
|
(C) conducts insurance activities under this |
|
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 |
|
(C) individual coverage conditioned by a |
|
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: |
|
(c) Employees may not be required to [shall] pay [the
|
|
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. |
|
(c) Section 6002.004(b), Insurance Code, is amended to |
|
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]; |
|
(C) the installers are knowledgeable in fire |
|
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 |
|
(C) uses equipment approved by a testing |
|
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]; |
|
(C) the installers are knowledgeable in fire |
|
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] |
|
(C) the telephone number and location, including |
|
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: |
|
(c) Except as provided by Section 11.008(c) [11.008(b)], |
|
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. |
|
(c) The order must: |
|
(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]. |
|
(c) A county may not delegate to a district the powers and |
|
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. |
|
(c) If the property owners petitioning a county to create a |
|
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. |
|
(c) A rule adopted under this section may provide for the |
|
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. |
|
(c) If the commissioners court grants approval under this |
|
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. |
|
(c) A county must adopt an order providing whether a |
|
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. |
|
(c) The hotel occupancy tax rate is the greater of nine |
|
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. |
|
(c) The ballot for a sales tax election shall be printed to |
|
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. |
|
(c) The legislature intends that the level of taxation of |
|
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: |
|
(c) The grants, loans, expenditures, and tax exemptions |
|
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; |
|
(C) military facilities, including closed or |
|
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. |
|
(c) 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, 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; |
|
(C) on public highways, streets, roads, or other |
|
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 |
|
(C) the electrical work does not involve the |
|
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: |
|
(c) The security department of a private business may not |
|
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 |
|
(C) in any manner with the protected individual |
|
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 |
|
|
|
|
__ Security |
|
__ Fire Detection |
|
__ Intercom |
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
|
__ TV Antenna |
|
__ Cable TV |
|
__ Satellite |
|
|
|
|
__ Ceiling Fan(s) |
|
__ Attic Fan(s) |
|
__ Exhaust |
|
|
|
|
__ Central A/C |
|
__ Central Heating |
|
__ Wall/Window |
|
|
|
|
|
|
__ Plumbing System |
|
__ Septic System |
|
__ Public Sewer |
|
|
|
|
__ Patio/Decking |
|
__ Outdoor Grill |
|
__ Fences |
|
|
|
|
|
|
__ Pool Equipment |
|
__ Pool Heater |
|
__ Automatic Lawn |
|
|
|
|
|
|
__ Fireplace(s) & |
|
|
|
__ Fireplace(s) & |
|
|
|
|
|
|
__ Gas Lines |
|
|
|
__ Gas Fixtures |
|
|
|
|
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 |
|
|
|
|
|
__ Walls/Fences |
|
__ Driveways |
|
__ Sidewalks |
|
|
|
__ Plumbing/Sewers/ |
|
__ Electrical |
|
__ Lighting |
|
|
|
|
__ 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 |
|
|
|
|
|
|
__ Termite or Wood Rot Damage |
|
__ Hazardous or Toxic Waste |
|
|
|
|
__ Previous Termite Damage |
|
__ Asbestos Components |
|
|
__ Previous Termite |
|
__ Urea formaldehyde |
|
|
|
|
__ Previous Flooding |
|
__ Radon Gas |
|
|
__ Improper Drainage |
|
__ Lead Based Paint |
|
|
__ Water Penetration |
|
__ Aluminum Wiring |
|
|
__ Located in 100-Year |
|
__ Previous Fires |
|
|
|
|
__ Present Flood Insurance |
|
__ Unplatted Easements |
|
|
|
|
__ Landfill, Settling, Soil |
|
__ Subsurface |
|
|
Movement, Fault Lines |
|
Structure or Pits |
|
|
|
|
|
|
|
|
|
|
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: |
|
(c) An original signature may not be required for an |
|
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. |
|
(c) Subsection (b) applies to a residential subdivision |
|
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: |
|
(c) The district administrator serves [and any assistant
|
|
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. |
|
(c) The corporation may enter into a joint venture with any |
|
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. |
|
(c) The board shall order an election on dissolution if the |
|
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. |
|
(c) If the board does not make the transfer under Subsection |
|
(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. |
|
(c) If the administrator or manager of the hospital district |
|
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. |
|
(c) A member of a governing body must be at least 18 years of |
|
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. |
|
(c) An agreement may provide that a restriction adopted by |
|
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. |
|
(c) An election to adopt the sales and use tax authorized by |
|
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. |
|
(c) The district may contract with a public or private |
|
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. |
|
(c) The district may use money in the community venue |
|
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. |
|
(c) The district may impose the tax only if a 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. |
|
(c) The district by order may increase, repeal, or decrease |
|
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. |
|
(c) A person required to collect the tax shall report and |
|
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. |
|
(c) The district may continue to impose the tax after any |
|
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. |
|
(c) The district by order may increase, repeal, or decrease |
|
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. |
|
(c) A person required to collect the tax shall report and |
|
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. |
|
(c) The district may continue to impose the tax after any |
|
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 |
|
(C) civic, community, or institutional events; |
|
(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 |
|
(C) other law. |
|
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: |
|
(c) The legislature finds that it is in the best interest of |
|
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]. |
|
(c) The maximum tax rate for both maintenance and |
|
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. |
|
(c) The creation of the district is essential to accomplish |
|
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. |
|
(c) If the petitioners consent or if the election results |
|
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. |
|
(c) A district office that is a private residence, office, |
|
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; |
|
(C) the continuing and orderly development of |
|
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. |
|
(c) The district may deliver the district's bonds to any of |
|
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. |
|
(c) A director may be a shareholder in a depository of |
|
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. |
|
(c) Bonds issued under this subchapter may be payable from |
|
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. |
|
(c) Instead of issuing bonds to be registered on the |
|
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; |
|
(C) the organization is governed by its members; |
|
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; |
|
(C) is in a foreign-trade zone: |
|
(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; |
|
(C) a description of the property by street |
|
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: |
|
(c) A county that borders the Republic of Mexico and that is |
|
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. |
|
(c) A local government may use any revenue available for |
|
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; |
|
(C) a regional mobility authority under Chapter |
|
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. |
|
(c) [(b)] The report must be submitted before the 11th day |
|
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: |
|
(c) The district may adopt minimum criteria for the |
|
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: |
|
(c) An offense under Subsection (a) [of this section] is a |
|
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; |
|
or |
|
(3) both fine and imprisonment under this subsection. |
|
SECTION 25.004. Section 147.064(c), Agriculture Code, is |
|
amended to read as follows: |
|
(c) An offense under Subsection (a) [of this section] is a |
|
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: |
|
(c) The judge, in lieu of directing the person having |
|
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: |
|
(c) On expiration of a community supervision period imposed |
|
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 |
|
register as a sex offender under Chapter 62, [as added by Chapter
|
|
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 |
|
register under Chapter 62[, as added by Chapter 668, Acts of the
|
|
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. |
|
(c) 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: |
|
(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 |
|
(C) referral to available social service |
|
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. |
|
(c) A victim who receives a notice under Subsection (a) [of
|
|
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. |
|
(c) In providing notice under Subsection (a)(2) or |
|
(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: |
|
(c) Information in the corrections tracking system relating |
|
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; |
|
(C) the county in which the offender resides |
|
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: |
|
(c) In determining whether information is required to be |
|
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; |
|
(C) Texas Department of Criminal Justice |
|
[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: |
|
(c) An appeal may be taken: |
|
(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; |
|
(C) Section 54.05 respecting modification of a |
|
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: |
|
(c) The community justice council shall appoint a community |
|
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: |
|
(c) The department may authorize expenditures of funds |
|
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 |
|
(C) is qualified as an emergency care attendant |
|
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 |
|
(C) the Texas Department of Criminal Justice. |
|
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; |
|
(C) is a law enforcement officer commissioned by |
|
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: |
|
(c) For the purposes of this section, an economically |
|
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]. |
|
(c) The services must include: |
|
(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 |
|
(C) is certified through inspection or |
|
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. |
|
(c) The commission shall transfer to the [institutional
|
|
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: |
|
(c) 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 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: |
|
(c) 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 25.127. 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; |
|
(C) that the borrower is responsible for |
|
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: |
|
(c) The application prescribed by the commission must: |
|
(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; |
|
(C) for wages or payments in lieu of wages for a |
|
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; |
|
or |
|
(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 |
|
(C) the organization of the district shall be |
|
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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
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 |
|
(C) the organization of the district shall be |
|
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. |
|
(c) Bonds or other obligations issued or incurred to finance |
|
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. |