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A BILL TO BE ENTITLED
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AN ACT
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relating to certain notices, reports, and descriptions provided by |
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or filed with court and county clerks. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 46C.003, Code of Criminal Procedure, is |
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amended to read as follows: |
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Art. 46C.003. VICTIM NOTIFICATION OF RELEASE. If the court |
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issues an order that requires the release of an acquitted person on |
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discharge or on a regimen of outpatient care, the clerk of the court |
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issuing the order, using the information provided on any victim |
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impact statement received by the court under Article 56.03 or other |
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information made available to the court, shall notify the victim or |
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the victim's guardian or close relative of the release. |
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Notwithstanding Article 56.03(f), the clerk of the court may |
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inspect a victim impact statement for the purpose of notification |
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under this article. On request, a victim assistance coordinator may |
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provide the clerk of the court with information or other assistance |
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necessary for the clerk to comply with this article. |
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SECTION 2. Section 58.110(c), Family Code, is amended to |
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read as follows: |
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(c) The clerk of the court exercising jurisdiction over a |
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juvenile offender's case shall report the disposition of the case |
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to the department. [A clerk of the court who violates this
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subsection commits an offense. An offense under this subsection is
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a Class C misdemeanor.] |
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SECTION 3. Section 85.042(a-1), Family Code, is amended to |
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read as follows: |
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(a-1) This subsection applies only if the respondent, at the |
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time of issuance of an original or modified protective order under |
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this subtitle, is a member of the state military forces or is |
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serving in the armed forces of the United States in an active-duty |
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status and the applicant or the applicant's attorney provides to |
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the clerk of the court the mailing address of the staff judge |
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advocate or provost marshal, as applicable. In addition to |
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complying with Subsection (a), the clerk of the court shall also |
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provide a copy of the protective order and the information |
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described by that subsection to the staff judge advocate at Joint |
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Force Headquarters or the provost marshal of the military |
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installation to which the respondent is assigned with the intent |
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that the commanding officer will be notified, as applicable. |
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SECTION 4. Section 402.010, Government Code, is amended by |
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amending Subsections (a) and (c) and adding Subsection (a-1) to |
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read as follows: |
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(a) In an action in which a party to the litigation files a |
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petition, motion, or other pleading challenging the |
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constitutionality of a statute of this state, the party shall file |
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the form required by Subsection (a-1). The court shall, if the |
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attorney general is not a party to or counsel involved in the |
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litigation, serve notice of the constitutional challenge |
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[question] and a copy of the petition, motion, or other pleading |
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that raises the challenge on the attorney general either by |
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certified or registered mail or electronically to an e-mail address |
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designated by the attorney general for the purposes of this |
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section[.
Notice under this section must identify the statute in
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question, state the basis for the challenge, and specify the
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petition, motion, or other pleading that raises the challenge]. |
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(a-1) The Office of Court Administration of the Texas |
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Judicial System shall adopt the form that a party challenging the |
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constitutionality of a statute of this state must file with the |
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court in which the action is pending indicating which pleading |
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should be served on the attorney general in accordance with this |
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section. |
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(c) A party's failure to file as required by Subsection (a) |
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or a court's failure to [file or] serve notice as required by |
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Subsection (a) does not deprive the court of jurisdiction or |
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forfeit an otherwise timely filed claim or defense based on the |
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challenge to the constitutionality of a statute of this state. |
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SECTION 5. Sections 363.064(b) and (c), Health and Safety |
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Code, are amended to read as follows: |
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(b) If the boundaries of a municipal solid waste unit that |
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is no longer operating are known to be wholly on an identifiable |
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tract, the council of governments for the area in which the former |
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landfill unit is located shall notify the owner of land that |
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overlays the former landfill unit of the former use of the land and |
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shall notify the county clerk of the county or counties in which the |
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former landfill unit is located of the former use. The notice to the |
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county clerk must include: |
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(1) a description of the exact boundaries of the |
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former landfill unit or, if the exact boundaries are not known, the |
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best approximation of each unit's boundaries; |
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(2) a legal description of the parcel or parcels of |
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land in which the former landfill unit is located; |
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(3) notice of the former landfill unit's former use; |
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and |
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(4) notice of the restrictions on the land imposed by |
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this subchapter. [The notice requirements of this subsection do not
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apply if the exact boundaries of a former landfill unit are not
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known.] |
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(c) The county clerk shall record the descriptions and |
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notices submitted by a council of governments under Subsection (b). |
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The county clerk may prescribe the method of arranging and indexing |
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the descriptions and notices [on the deed records of land formerly
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used as a municipal solid waste landfill a description of the exact
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boundaries of the former landfill unit, or, if the exact boundaries
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are not known, the best approximation of each unit's boundaries,
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together with a legal description of the parcel or parcels of land
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in which the former landfill unit is located, notice of its former
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use, and notice of the restrictions on the development or lease of
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the land imposed by this subchapter]. The county clerk shall make |
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the descriptions and notices [records] available for public |
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inspection. |
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SECTION 6. The changes in law made by this Act apply only to |
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an offense committed on or after the effective date of this Act. An |
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offense committed before the effective date of this Act is governed |
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by the law in effect on the date the offense was committed, and the |
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former law is continued in effect for that purpose. For purposes of |
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this section, an offense was committed before the effective date of |
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this Act if any element of the offense occurred before that date. |
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SECTION 7. The changes in law made by this Act apply only to |
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a notice, report, description, petition, motion, or other pleading |
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provided or filed on or after the effective date of this Act. |
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SECTION 8. This Act takes effect September 1, 2013. |
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