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A BILL TO BE ENTITLED
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AN ACT
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relating to the administration of certain county services and |
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duties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 15.08, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.08. WARRANT MAY BE FORWARDED [TELEGRAPHED]. A |
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warrant of arrest may be forwarded by a method that ensures the |
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transmission of a duplicate of the original warrant, including |
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secure facsimile transmission or other secure electronic means |
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[telegraph from any telegraph office to another in this State]. If |
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issued by any magistrate named in Article 15.06, the peace officer |
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receiving the same shall execute it without delay. If it be issued |
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by any other magistrate than is named in Article 15.06, the peace |
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officer receiving the same shall proceed with it to the nearest |
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magistrate of the peace officer's [his] county, who shall endorse |
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thereon, in substance, these words: |
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"Let this warrant be executed in the county of ...........", |
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which endorsement shall be dated and signed officially by the |
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magistrate making the same. |
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SECTION 2. Article 15.09, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 15.09. COMPLAINT MAY BE FORWARDED [BY TELEGRAPH]. A |
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complaint in accordance with Article 15.05, may be forwarded |
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[telegraphed], as provided by [in the preceding] Article 15.08, to |
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any magistrate in the State; and the magistrate who receives the |
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same shall forthwith issue a warrant for the arrest of the accused; |
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and the accused, when arrested, shall be dealt with as provided in |
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this Chapter in similar cases. |
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SECTION 3. Article 15.19(a), Code of Criminal Procedure, is |
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amended to read as follows: |
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(a) If the arrested person fails or refuses to give bail, as |
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provided in Article 15.18, the arrested person shall be committed |
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to the jail of the county where the person was arrested; and the |
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magistrate committing the arrested person shall immediately |
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provide notice to the sheriff of the county in which the offense is |
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alleged to have been committed regarding: |
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(1) the arrest and commitment, which notice may be |
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given by [telegraph,] mail[,] or other written means or by secure |
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facsimile transmission or other secure electronic means; and |
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(2) whether the person was also arrested under a |
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warrant issued under Section 508.251, Government Code. |
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SECTION 4. Article 26.13, Code of Criminal Procedure, is |
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amended by adding Subsection (j) to read as follows: |
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(j) A person who is incarcerated in a facility operated by, |
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or under contract with, the Texas Department of Criminal Justice |
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may submit a plea of guilty or plea of nolo contendere regarding a |
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misdemeanor charge in writing, transmitted by mail, facsimile, or |
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other means. Before accepting a plea under this subsection, the |
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court shall make the admonitions required by this article to the |
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defendant in writing as provided by Subsection (d). |
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SECTION 5. Section 31.037, Election Code, is amended to |
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read as follows: |
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Sec. 31.037. SUSPENSION OR TERMINATION OF EMPLOYMENT. The |
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employment of the county elections administrator may be suspended, |
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with or without pay, or terminated at any time for good and |
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sufficient cause on the four-fifths vote of the county election |
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commission and approval of that action by a majority vote of the |
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commissioners court. |
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SECTION 6. Section 61.001(f), Government Code, is amended |
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to read as follows: |
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(f) A reimbursement for expenses under this section is not a |
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property right of a person who reports for jury service for purposes |
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of Chapters 72 and 74, Property Code. If a check, instrument, or |
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other method of payment authorized under Section 113.048, Local |
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Government Code, [instrument] representing a reimbursement under |
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this section is not presented for payment or redeemed before the |
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90th day after it is issued: |
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(1) the instrument or other method of payment is |
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considered forfeited and is void; and |
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(2) the money represented by the instrument or other |
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method of payment may be placed or retained in the county's jury |
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fund, the county's general fund, or any other fund in which county |
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funds can be legally placed, at the discretion of the commissioners |
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court. |
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SECTION 7. Section 61.003, Government Code, is amended by |
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adding Subsection (e) to read as follows: |
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(e) Notwithstanding Subsection (a), a county that has |
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adopted a system or method of payment authorized by Section |
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113.048, Local Government Code, may provide a person who reports |
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for jury service in the county an opportunity to donate all, or a |
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specific part designated by the juror, of the juror's daily |
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reimbursement by completing a self-executing application on a form |
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prescribed by the commissioners court. |
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SECTION 8. Section 694.002, Health and Safety Code, is |
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amended by adding Subsections (c) and (d) to read as follows: |
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(c) If a county discovers cash in the possession of a |
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deceased pauper, the county shall place the money in a trust |
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account. A person having a claim to the money in the trust account |
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must exercise the right to collect the money not later than the |
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first anniversary of the date the money is placed in the trust |
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account. |
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(d) A county may create a fund to be used by the county to |
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pay the costs incurred in disposing of the bodies of deceased |
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paupers. If money placed in a trust account under Subsection (c) is |
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not claimed by the first anniversary of the date the money is placed |
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in the trust account, the county may transfer the money to the fund |
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created under this subsection. |
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SECTION 9. Section 716.101, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 716.101. UNIDENTIFIED HUMAN REMAINS. (a) Except as |
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provided by Subsection (b), a [A] crematory establishment may not |
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accept for cremation unidentified human remains. |
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(b) Notwithstanding any other provision of this chapter, a |
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crematory establishment may accept for cremation unidentified |
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human remains from a county on the order of: |
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(1) the county commissioners court; or |
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(2) a court located in the county. |
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SECTION 10. Subchapter C, Chapter 113, Local Government |
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Code, is amended by adding Section 113.048 to read as follows: |
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Sec. 113.048. DISBURSEMENT OF MONEY FOR JURY SERVICE. (a) |
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Notwithstanding any other provision of this subchapter or other law |
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to the contrary, a county treasurer may disburse to a person who |
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reports for jury service and discharges the person's duty the daily |
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amount of reimbursement for jury service expenses set by the |
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commissioners court under Section 61.001, Government Code, by: |
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(1) using an electronic funds transfer system in |
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accordance with Chapter 156; |
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(2) using a cash dispensing machine; |
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(3) issuing a debit card or a stored value card; or |
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(4) using any other method that the county treasurer |
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and the commissioners court determine is secure, accurate, and |
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cost-effective and that is convenient for persons who report for |
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jury service. |
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(b) A system or method of payment adopted by a county |
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treasurer under Subsection (a) may be implemented only if it is |
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approved by the commissioners court and administered in accordance |
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with the procedures established by the county auditor or by the |
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chief financial officer of a county that does not have a county |
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auditor. |
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(c) A system or method of payment authorized by this section |
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may be used in lieu of or in addition to the issuance of warrants or |
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checks authorized under this subchapter. |
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SECTION 11. Section 262.003(a), Local Government Code, is |
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amended to read as follows: |
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(a) Any law that requires a county to follow a competitive |
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bidding procedure in making a purchase requiring the expenditure of |
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$50,000 [$25,000] or less does not apply to the purchase of an item |
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available for purchase from only one supplier. |
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SECTION 12. Section 262.023(a), Local Government Code, is |
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amended to read as follows: |
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(a) Before a county may purchase one or more items under a |
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contract that will require an expenditure exceeding $50,000 |
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[$25,000], the commissioners court of the county must: |
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(1) comply with the competitive bidding or competitive |
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proposal procedures prescribed by this subchapter; |
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(2) use the reverse auction procedure, as defined by |
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Section 2155.062(d), Government Code, for purchasing; or |
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(3) comply with a method described by Subchapter H, |
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Chapter 271. |
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SECTION 13. Section 271.024, Local Government Code, is |
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amended to read as follows: |
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Sec. 271.024. COMPETITIVE BIDDING PROCEDURE APPLICABLE TO |
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CONTRACT. The bidding of [If a governmental entity is required by
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statute to award] a contract awarded by a governmental entity for |
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the construction, repair, or renovation of a structure, road, |
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highway, or other improvement or addition to real property [on the
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basis of competitive bids, and if the contract requires the
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expenditure of more than $25,000 from the funds of the entity, the
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bidding on the contract] must be accomplished in the manner |
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provided by this subchapter if: |
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(1) a statute requires the governmental entity to |
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award the contract on the basis of competitive bids; and |
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(2) the contract requires the expenditure of more |
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than: |
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(A) $25,000 from the funds of a governmental |
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entity other than a county; or |
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(B) $50,000 from the funds of a county. |
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SECTION 14. Section 363.156(b), Local Government Code, is |
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amended to read as follows: |
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(b) To the extent competitive bidding procedures in Title 8 |
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apply, the board may not enter purchasing contracts that involve |
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spending more than $50,000 [$25,000] unless the board complies |
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with: |
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(1) Subchapter C, Chapter 262, if the district was |
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created by a county; or |
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(2) Chapter 252, if the district was created by a |
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municipality. |
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SECTION 15. Section 1702.104(b), Occupations Code, is |
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amended to read as follows: |
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(b) For purposes of Subsection (a)(1), "obtaining or |
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furnishing information" includes information obtained or furnished |
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through the review and analysis of, and the investigation into the |
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content of, computer-based data not available to the public. |
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"Obtaining or furnishing information" does not include information |
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obtained or furnished by an information technology professional who |
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is an employee of a county and who is: |
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(1) in the course and scope of employment, installing |
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or repairing computer equipment belonging to the county or is |
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examining the cause for required repair; and |
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(2) not performing any other act that requires a |
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license under this chapter. |
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SECTION 16. Subchapter B, Chapter 1704, Occupations Code, |
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is amended by adding Section 1704.057 to read as follows: |
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Sec. 1704.057. DISSOLUTION OF BOARD. (a) The |
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commissioners court of a county by order may dissolve a bail bond |
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board created under Section 1704.052 if: |
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(1) a majority of the bail bond board members vote to |
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approve dissolution; |
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(2) the board provides the commissioners court the |
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required plan under Subsection (b); and |
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(3) all of the board's debts and obligations have been |
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discharged. |
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(b) After voting to approve dissolution, the bail bond board |
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shall submit a plan to the commissioners court to provide for the: |
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(1) revocation or cancellation of bail bond licenses |
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previously issued by the board; |
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(2) return of the security deposit of each license |
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holder in a timely manner after the license holder shows that no |
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judgment or bond liability, actual or potential, is outstanding |
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against the license holder; |
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(3) disposition of a security deposit for which a |
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judgment or bond liability, actual or potential, is outstanding |
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against the license holder; and |
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(4) transfer of any property belonging to the bail |
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bond board to the county after the board's dissolution. |
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(c) Chapter 17, Code of Criminal Procedure, governs the |
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taking of bail in a county in which the bail bond board has been |
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dissolved. |
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SECTION 17. Section 42.43(b), Tax Code, is amended to read |
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as follows: |
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(b) For a refund made under this section because an |
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exemption under Section 11.20 that was denied by the chief |
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appraiser or appraisal review board is granted, the taxing unit |
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shall include with the refund interest on the amount refunded |
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calculated at an annual rate that is equal to the auction average |
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rate quoted on a bank discount basis for three-month treasury bills |
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issued by the United States government, as published by the Federal |
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Reserve Board, for the week in which the taxes became delinquent, |
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but not more than 10 percent, calculated from the delinquency date |
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for the taxes until the date the refund is made. For any other |
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refund made under this section, the taxing unit shall include with |
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the refund interest on the amount refunded at a current fair market |
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[an] annual rate [of eight percent], calculated from the |
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delinquency date for the taxes until the date the refund is made. |
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SECTION 18. (a) Article 26.13(j), Code of Criminal |
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Procedure, as added by this Act, applies only to an offense |
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committed on or after the effective date of this Act. An offense |
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committed before the effective date of this Act is governed by the |
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law in effect at the time the offense was committed, and the former |
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law is continued in effect for that purpose. For purposes of this |
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section, an offense was committed before the effective date of this |
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Act if any element of the offense occurred before that date. |
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(b) Section 61.001(f), Government Code, as amended by this |
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Act, applies only to a disbursement for the reimbursement for jury |
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service expenses on or after the effective date of this Act. |
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(c) The changes in law made by Sections 262.003, 262.023, |
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271.024, and 363.156, Local Government Code, as amended by this |
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Act, apply only to a purchase made or contract executed on or after |
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the effective date of this Act. A purchase made or contract |
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executed before the effective date of this Act is governed by the |
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law in effect immediately before that date, and the former law is |
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continued in effect for that purpose. |
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SECTION 19. This Act takes effect September 1, 2009. |