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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, and to conforming codifications |
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enacted by the 82nd Legislature to other Acts of that legislature. |
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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 82nd |
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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; and |
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(4) renumbering or otherwise redesignating titles, |
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chapters, and sections of codes that duplicate title, chapter, or |
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section designations. |
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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 83rd Legislature, Regular Session, 2013. 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 83rd Legislature, Regular Session, 2013, 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 CIVIL PRACTICE AND REMEDIES CODE |
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SECTION 2.001. The heading to Chapter 83, Civil Practice |
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and Remedies Code, is amended to read as follows: |
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CHAPTER 83. USE OF FORCE OR DEADLY FORCE [IN DEFENSE OF PERSON] |
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ARTICLE 3. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 3.001. Article 2.122(a), Code of Criminal |
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Procedure, as amended by Chapters 1223 (S.B. 530) and 1319 (S.B. |
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150), Acts of the 82nd Legislature, Regular Session, 2011, is |
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reenacted and amended to read as follows: |
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(a) The following named criminal investigators of the |
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United States shall not be deemed peace officers, but shall have the |
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powers of arrest, search, and seizure under the laws of this state |
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as to felony offenses only: |
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(1) Special Agents of the Federal Bureau of |
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Investigation; |
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(2) Special Agents of the Secret Service; |
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(3) Special Agents of the United States Immigration |
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and Customs Enforcement; |
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(4) Special Agents of the Bureau of Alcohol, Tobacco, |
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Firearms and Explosives; |
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(5) Special Agents of the United States Drug |
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Enforcement Administration; |
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(6) Inspectors of the United States Postal Inspection |
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Service; |
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(7) Special Agents of the Criminal Investigation |
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Division of the Internal Revenue Service; |
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(8) Civilian Special Agents of the United States Naval |
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Criminal Investigative Service; |
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(9) Marshals and Deputy Marshals of the United States |
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Marshals Service; |
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(10) Special Agents of the United States Department of |
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State, Bureau of Diplomatic Security; |
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(11) Special Agents of the Treasury Inspector General |
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for Tax Administration; [and] |
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(12) Special Agents of the Office of Inspector General |
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of the United States Social Security Administration; and |
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(13) [(12)] Special Agents of the Office of Inspector |
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General of the United States Department of Veterans Affairs. |
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SECTION 3.002. The heading to Chapter 7A, Code of Criminal |
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Procedure, is amended to read as follows: |
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CHAPTER 7A. PROTECTIVE ORDER FOR CERTAIN VICTIMS OF TRAFFICKING, |
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[OR] SEXUAL ASSAULT, OR STALKING |
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SECTION 3.003. Article 12.01, Code of Criminal Procedure, |
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as amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253), |
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and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session, |
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2011, is reenacted and amended to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if during the investigation |
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of the offense biological matter is collected and subjected to |
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forensic DNA testing and the testing results show that the matter |
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does not match the victim or any other person whose identity is |
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readily ascertained; |
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(D) continuous sexual abuse of young child or |
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children under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; [or] |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; or |
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(H) [(G)] continuous trafficking of persons |
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under Section 20A.03, Penal Code; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which he exercises control in his official capacity; |
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(C) forgery or the uttering, using or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1); |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) securing execution of document by deception; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; [or] |
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(H) Medicaid fraud under Section 35A.02, Penal |
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Code; or |
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(I) [(H)] bigamy under Section 25.01, Penal |
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Code, except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; [or] |
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(C) compelling prostitution under Section |
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43.05(a)(2), Penal Code; or |
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(D) [(B)] bigamy under Section 25.01, Penal |
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Code, if the investigation of the offense shows that the person, |
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other than the legal spouse of the defendant, whom the defendant |
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marries or purports to marry or with whom the defendant lives under |
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the appearance of being married is younger than 18 years of age at |
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the time the offense is committed; or |
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(7) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 3.004. Article 13.12, Code of Criminal Procedure, |
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as amended by Chapters 1 (S.B. 24) and 223 (H.B. 260), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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Art. 13.12. TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, |
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KIDNAPPING, AND SMUGGLING OF PERSONS. Venue for trafficking of |
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persons, false imprisonment, kidnapping, and smuggling of persons |
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is in: |
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(1) the county in which the offense was committed; or |
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(2) any county through, into, or out of which the |
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person trafficked, falsely imprisoned, kidnapped, or transported |
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may have been taken. |
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SECTION 3.005. Article 20.151(c), Code of Criminal |
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Procedure, as added by Chapters 1031 (H.B. 2847) and 1341 (S.B. |
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1233), Acts of the 82nd Legislature, Regular Session, 2011, is |
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reenacted and amended to read as follows: |
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(c) Testimony received from a peace officer under this |
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article shall be recorded in the same manner as other testimony |
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taken before the grand jury and shall be preserved. |
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SECTION 3.006. Article 38.31(g)(2), Code of Criminal |
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Procedure, is amended to correct a reference to read as follows: |
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(2) "Qualified interpreter" means an interpreter for |
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the deaf who holds a current legal certificate issued by the |
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National Registry of Interpreters for the Deaf or a current court |
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interpreter certificate issued by the Board for Evaluation of |
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Interpreters at the Department of Assistive and [or] Rehabilitative |
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Services. |
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SECTION 3.007. Section 21(e), Article 42.12, Code of |
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Criminal Procedure, is amended to correct a reference to read as |
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follows: |
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(e) A court retains jurisdiction to hold a hearing under |
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Subsection (b-2) [(b)] and to revoke, continue, or modify community |
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supervision, regardless of whether the period of community |
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supervision imposed on the defendant has expired, if before the |
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expiration the attorney representing the state files a motion to |
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revoke, continue, or modify community supervision and a capias is |
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issued for the arrest of the defendant. |
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SECTION 3.008. Section 24, Article 42.12, Code of Criminal |
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Procedure, is amended to correct a reference to read as follows: |
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Sec. 24. DUE DILIGENCE DEFENSE. For the purposes of a |
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hearing under Section 5(b) or 21(b-2) [21(b)], it is an affirmative |
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defense to revocation for an alleged failure to report to a |
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supervision officer as directed or to remain within a specified |
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place that a supervision officer, peace officer, or other officer |
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with the power of arrest under a warrant issued by a judge for that |
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alleged violation failed to contact or attempt to contact the |
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defendant in person at the defendant's last known residence address |
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or last known employment address, as reflected in the files of the |
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department serving the county in which the order of community |
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supervision was entered. |
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SECTION 3.009. Article 45.0511(p), Code of Criminal |
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Procedure, is amended to correct a reference to read as follows: |
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(p) The court shall advise a defendant charged with a |
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misdemeanor under Section 472.022, Transportation Code, Subtitle |
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C, Title 7, Transportation Code, or Section 729.001(a)(3), |
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Transportation Code, committed while operating a motor vehicle of |
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the defendant's right under this article to successfully complete a |
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driving safety course or, if the offense was committed while |
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operating a motorcycle, a motorcycle operator training course. The |
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right to complete a course does not apply to a defendant charged |
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with: |
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(1) a violation of Section 545.066, 550.022, or |
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550.023, Transportation Code; |
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(2) a serious traffic violation; or |
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(3) an offense to which Section 542.404 [or
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729.004(b)], Transportation Code, applies. |
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SECTION 3.010. (a) The heading to Article 46B.0095, Code |
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of Criminal Procedure, as amended by Chapters 718 (H.B. 748) and 822 |
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(H.B. 2725), Acts of the 82nd Legislature, Regular Session, 2011, |
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is reenacted to read as follows: |
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Art. 46B.0095. MAXIMUM PERIOD OF COMMITMENT OR OUTPATIENT |
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TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR |
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OFFENSE. |
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(b) Article 46B.0095(a), Code of Criminal Procedure, as |
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amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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(a) A defendant may not, under Subchapter D or E or any other |
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provision of this chapter, be committed to a mental hospital or |
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other inpatient or residential facility, ordered to participate in |
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an outpatient treatment program, or subjected to both inpatient and |
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outpatient treatment for a cumulative period that exceeds the |
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maximum term provided by law for the offense for which the defendant |
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was to be tried, except that if the defendant is charged with a |
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misdemeanor and has been ordered only to participate in an |
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outpatient treatment program under Subchapter D or E, the maximum |
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period of restoration is two years. |
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(c) Article 46B.0095(b), Code of Criminal Procedure, as |
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amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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(b) On expiration of the maximum restoration period under |
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Subsection (a), the mental hospital or other inpatient or |
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residential facility or outpatient treatment program provider |
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identified in the most recent order of commitment or order of |
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outpatient treatment program participation under this chapter |
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shall assess the defendant to determine if civil proceedings under |
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Subtitle C or D, Title 7, Health and Safety Code, are |
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appropriate. The defendant may be confined for an additional |
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period in a mental hospital or other inpatient or residential |
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facility or ordered to participate for an additional period in an |
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outpatient treatment program, as appropriate, only pursuant to |
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civil proceedings conducted under Subtitle C or D, Title 7, Health |
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and Safety Code, by a court with probate jurisdiction. |
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(d) Article 46B.0095(c), Code of Criminal Procedure, as |
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added by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the |
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82nd Legislature, Regular Session, 2011, is reenacted to read as |
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follows: |
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(c) The cumulative period described by Subsection (a): |
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(1) begins on the date the initial order of commitment |
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or initial order for outpatient treatment program participation is |
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entered under this chapter; and |
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(2) in addition to any inpatient or outpatient |
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treatment periods described by Subsection (a), includes any time |
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that, following the entry of an order described by Subdivision (1), |
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the defendant is confined in a correctional facility, as defined by |
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Section 1.07, Penal Code, or is otherwise in the custody of the |
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sheriff during or while awaiting, as applicable: |
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(A) the defendant's transfer to a mental hospital |
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or other inpatient or residential facility; |
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(B) the defendant's release on bail to |
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participate in an outpatient treatment program; or |
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(C) a criminal trial following any temporary |
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restoration of the defendant's competency to stand trial. |
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SECTION 3.011. Article 56.39(a), Code of Criminal |
|
Procedure, is amended to update a reference to read as follows: |
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(a) An order for a mental or physical examination or an |
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autopsy as provided by Article 56.38(c)(2) [56.38(c)(3)] may be |
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made for good cause shown on notice to the individual to be examined |
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and to all persons who have appeared. |
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SECTION 3.012. Article 102.017(d-1), Code of Criminal |
|
Procedure, as amended by Chapters 664 (S.B. 1521) and 1031 (H.B. |
|
2847), Acts of the 82nd Legislature, Regular Session, 2011, is |
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reenacted and amended to read as follows: |
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(d-1) For purposes of this article, the term "security |
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personnel, services, and items" includes: |
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(1) the purchase or repair of X-ray machines and |
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conveying systems; |
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(2) handheld metal detectors; |
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(3) walkthrough metal detectors; |
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(4) identification cards and systems; |
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(5) electronic locking and surveillance equipment; |
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(6) video teleconferencing systems; |
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(7) bailiffs, deputy sheriffs, deputy constables, or |
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contract security personnel during times when they are providing |
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appropriate security services; |
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(8) signage; |
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(9) confiscated weapon inventory and tracking |
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systems; |
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(10) locks, chains, alarms, or similar security |
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devices; |
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(11) the purchase or repair of bullet-proof glass; |
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(12) continuing education on security issues for court |
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personnel and security personnel; and |
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(13) [(12)] warrant officers and related equipment. |
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ARTICLE 4. CHANGES RELATING TO EDUCATION CODE |
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SECTION 4.001. Section 21.044, Education Code, as amended |
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by Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
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read as follows: |
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Sec. 21.044. EDUCATOR PREPARATION. (a) The board shall |
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propose rules establishing the training requirements a person must |
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accomplish to obtain a certificate, enter an internship, or enter |
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an induction-year program. The board shall specify the minimum |
|
academic qualifications required for a certificate. |
|
(b) Any minimum academic qualifications for a certificate |
|
specified under Subsection (a) that require a person to possess a |
|
bachelor's degree must also require that the person receive, as |
|
part of the curriculum for that degree, instruction in detection |
|
and education of students with dyslexia. This subsection does not |
|
apply to a person who obtains a certificate through an alternative |
|
certification program adopted under Section 21.049. |
|
(c) The instruction under Subsection (b) must: |
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(1) be developed by a panel of experts in the diagnosis |
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and treatment of dyslexia who are: |
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(A) employed by institutions of higher |
|
education; and |
|
(B) approved by the board; and |
|
(2) include information on: |
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(A) characteristics of dyslexia; |
|
(B) identification of dyslexia; and |
|
(C) effective, multisensory strategies for |
|
teaching students with dyslexia. |
|
(d) [(b)] In proposing rules under this section, the board |
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shall specify that to obtain a certificate to teach an "applied STEM |
|
course," as that term is defined by Section 28.027, at a secondary |
|
school, a person must: |
|
(1) pass the certification test administered by the |
|
recognized national or international business and industry group |
|
that created the curriculum the applied STEM course is based on; and |
|
(2) have at a minimum: |
|
(A) an associate degree from an accredited |
|
institution of higher education; and |
|
(B) three years of work experience in an |
|
occupation for which the applied STEM course is intended to prepare |
|
the student. |
|
SECTION 4.002. Section 25.001(e), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(e) A school district may request that the commissioner |
|
waive the requirement that the district admit a foreign exchange |
|
student who meets the conditions of Subsection (b)(6) [(b)(5)]. |
|
The commissioner shall respond to a district's request not later |
|
than the 60th day after the date of receipt of the request. The |
|
commissioner shall grant the request and issue a waiver effective |
|
for a period not to exceed three years if the commissioner |
|
determines that admission of a foreign exchange student would: |
|
(1) create a financial or staffing hardship for the |
|
district; |
|
(2) diminish the district's ability to provide high |
|
quality educational services for the district's domestic students; |
|
or |
|
(3) require domestic students to compete with foreign |
|
exchange students for educational resources. |
|
SECTION 4.003. Section 28.0212(g), Education Code, as added |
|
by Chapter 763 (H.B. 3485), Acts of the 80th Legislature, Regular |
|
Session, 2007, is repealed as duplicative of Section 28.0212(e), |
|
Education Code, as added by Chapter 1058 (H.B. 2237), Acts of the |
|
80th Legislature, Regular Session, 2007. |
|
SECTION 4.004. The heading to Section 30A.054, Education |
|
Code, is amended to read as follows: |
|
Sec. 30A.054. STUDENT PERFORMANCE INFORMATION [REPORTS]. |
|
SECTION 4.005. Section 39.0233(a), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(a) The agency, in coordination with the Texas Higher |
|
Education Coordinating Board, shall adopt a series of questions to |
|
be included in an end-of-course assessment instrument administered |
|
under Section 39.023(c) to be used for purposes of Section 51.3062. |
|
The questions adopted under this subsection must be developed in a |
|
manner consistent with any college readiness standards adopted |
|
under Sections 39.233 [39.113] and 51.3062. |
|
SECTION 4.006. Section 39.0302(a), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(a) During an agency investigation or audit of a school |
|
district under Section 39.0301(e) or (f), an accreditation |
|
investigation under Section 39.057(a)(8) [39.075(a)(8)], or an |
|
investigation by the State Board for Educator Certification of an |
|
educator for an alleged violation of an assessment instrument |
|
security procedure established under Section 39.0301(a), the |
|
commissioner may issue a subpoena to compel the attendance of a |
|
relevant witness or the production, for inspection or copying, of |
|
relevant evidence that is located in this state. |
|
SECTION 4.007. The heading to Section 51.403, Education |
|
Code, is amended to read as follows: |
|
Sec. 51.403. ECONOMIC JUSTIFICATION FOR COURSES; REPORTS OF |
|
STUDENT ENROLLMENT AND ACADEMIC PERFORMANCE. |
|
SECTION 4.008. Section 51.803(a), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(a) Subject to Subsection (a-1), each general academic |
|
teaching institution shall admit an applicant for admission to the |
|
institution as an undergraduate student if the applicant graduated |
|
with a grade point average in the top 10 percent of the student's |
|
high school graduating class in one of the two school years |
|
preceding the academic year for which the applicant is applying for |
|
admission and: |
|
(1) the applicant graduated from a public or private |
|
high school in this state accredited by a generally recognized |
|
accrediting organization or from a high school operated by the |
|
United States Department of Defense; |
|
(2) the applicant: |
|
(A) successfully completed: |
|
(i) at a public high school, the curriculum |
|
requirements established under Section 28.025 for the recommended |
|
or advanced high school program; or |
|
(ii) at a high school to which Section |
|
28.025 does not apply, a curriculum that is equivalent in content |
|
and rigor to the recommended or advanced high school program; or |
|
(B) satisfied ACT's College Readiness Benchmarks |
|
on the ACT assessment applicable to the applicant or earned on the |
|
SAT assessment a score of at least 1,500 out of 2,400 or the |
|
equivalent; and |
|
(3) if the applicant graduated from a high school |
|
operated by the United States Department of Defense, the applicant |
|
is a Texas resident under Section 54.052 or is entitled to pay |
|
tuition fees at the rate provided for Texas residents under Section |
|
54.241(d) [54.058(d)] for the term or semester to which admitted. |
|
SECTION 4.009. Section 54.341(b-2), Education Code, which |
|
was redesignated from Section 54.203(b-2), Education Code, by |
|
Chapter 359 (S.B. 32), Acts of the 82nd Legislature, Regular |
|
Session, 2011, is repealed to conform to the repeal of Section |
|
54.203(b-2), Education Code, by Chapter 404 (S.B. 639), Acts of the |
|
82nd Legislature, Regular Session, 2011. |
|
SECTION 4.010. (a) Sections 54.353 and 54.3531, Education |
|
Code, which were added by Section 17, Chapter 359 (S.B. 32), Acts of |
|
the 82nd Legislature, Regular Session, 2011, as a nonsubstantive |
|
redesignation of the two versions of Section 54.208, Education |
|
Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), |
|
Acts of the 81st Legislature, Regular Session, 2009, are reenacted |
|
to conform to the reenactment of Section 54.208, Education Code, |
|
and the addition of Section 54.2081, Education Code, by Chapter 959 |
|
(H.B. 1163), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 54.353. FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES. |
|
(a) The governing board of an institution of higher education |
|
shall exempt from the payment of tuition and laboratory fees any |
|
student enrolled in one or more courses offered as part of a fire |
|
science curriculum who: |
|
(1) is employed as a firefighter by a political |
|
subdivision of this state; or |
|
(2) is currently, and has been for at least one year, |
|
an active member of an organized volunteer fire department in this |
|
state, as defined by the fire fighters' pension commissioner, who |
|
holds: |
|
(A) an Accredited Advanced level of |
|
certification, or an equivalent successor certification, under the |
|
State Firemen's and Fire Marshals' Association of Texas volunteer |
|
certification program; or |
|
(B) Phase V (Firefighter II) certification, or an |
|
equivalent successor certification, under the Texas Commission on |
|
Fire Protection's voluntary certification program under Section |
|
419.071, Government Code. |
|
(b) An exemption provided under this section does not apply |
|
to deposits that may be required in the nature of security for the |
|
return or proper care of property loaned for the use of students. |
|
(c) Notwithstanding Subsection (a), a student who for a |
|
semester or term at an institution of higher education receives an |
|
exemption under this section may continue to receive the exemption |
|
for a subsequent semester or term at any institution only if the |
|
student makes satisfactory academic progress toward a degree or |
|
certificate at that institution as determined by the institution |
|
for purposes of financial aid. |
|
(d) Notwithstanding Subsection (a), the exemption provided |
|
under this section does not apply to any amount of additional |
|
tuition the institution elects to charge a resident undergraduate |
|
student under Section 54.014(a) or (f). |
|
(e) Notwithstanding Subsection (a), the exemption provided |
|
under this section does not apply to any amount of tuition the |
|
institution charges a graduate student in excess of the amount of |
|
tuition charged to similarly situated graduate students because the |
|
student has a number of semester credit hours of doctoral work in |
|
excess of the applicable number provided by Section 61.059(l)(1) or |
|
(2). |
|
(f) The Texas Higher Education Coordinating Board shall |
|
adopt: |
|
(1) rules governing the granting or denial of an |
|
exemption under this section, including rules relating to the |
|
determination of a student's eligibility for an exemption; and |
|
(2) a uniform listing of degree programs covered by |
|
the exemption under this section. |
|
Sec. 54.3531. PEACE OFFICERS ENROLLED IN CERTAIN COURSES. |
|
(a) The governing board of an institution of higher education |
|
shall exempt from the payment of tuition and laboratory fees |
|
charged by the institution for a criminal justice or law |
|
enforcement course or courses an undergraduate student who: |
|
(1) is employed as a peace officer by this state or by |
|
a political subdivision of this state; |
|
(2) is enrolled in a criminal justice or law |
|
enforcement-related degree program at the institution; |
|
(3) is making satisfactory academic progress toward |
|
the student's degree as determined by the institution; and |
|
(4) applies for the exemption at least one week before |
|
the last date of the institution's regular registration period for |
|
the applicable semester or other term. |
|
(b) Notwithstanding Subsection (a), a student may not |
|
receive an exemption under this section for any course if the |
|
student has previously attempted a number of semester credit hours |
|
for courses taken at any institution of higher education while |
|
classified as a resident student for tuition purposes in excess of |
|
the maximum number of those hours specified by Section 61.0595(a) |
|
as eligible for funding under the formulas established under |
|
Section 61.059. |
|
(c) Notwithstanding Subsection (a), the governing board of |
|
an institution of higher education may not provide exemptions under |
|
this section to students enrolled in a specific class in a number |
|
that exceeds 20 percent of the maximum student enrollment |
|
designated by the institution for that class. |
|
(d) An exemption provided under this section does not apply |
|
to deposits that may be required in the nature of security for the |
|
return or proper care of property loaned for the use of students. |
|
(e) The Texas Higher Education Coordinating Board shall |
|
adopt: |
|
(1) rules governing the granting or denial of an |
|
exemption under this section, including rules relating to the |
|
determination of a student's eligibility for an exemption; and |
|
(2) a uniform listing of degree programs covered by |
|
the exemption under this section. |
|
(f) If the legislature does not specifically appropriate |
|
funds to an institution of higher education in an amount sufficient |
|
to pay the institution's costs in complying with this section for a |
|
semester, the governing board of the institution of higher |
|
education shall report to the Senate Finance Committee and the |
|
House Appropriations Committee the cost to the institution of |
|
complying with this section for that semester. |
|
(b) Sections 54.208 and 54.2081, Education Code, are |
|
repealed. |
|
SECTION 4.011. Section 61.0815(c), Education Code, as |
|
amended by Chapter 990 (H.B. 1781), Acts of the 82nd Legislature, |
|
Regular Session, 2011, is repealed to conform to the repeal of |
|
Section 61.0815, Education Code, by Chapter 1049 (S.B. 5), Acts of |
|
the 82nd Legislature, Regular Session, 2011. |
|
SECTION 4.012. Section 88.216(a), Education Code, is |
|
amended to correct references to read as follows: |
|
(a) The Agriculture and Wildlife Research and Management |
|
Advisory Committee is an advisory committee of the Texas |
|
Agricultural Experiment Station and is composed of: |
|
(1) one representative of the Texas Agricultural |
|
Experiment Station, appointed by the director of the Texas |
|
Agricultural Experiment Station; |
|
(2) one representative of the Texas AgriLife |
|
[Agricultural] Extension Service, appointed by the director of the |
|
Texas AgriLife [Agricultural] Extension Service; |
|
(3) one representative of Texas Tech University, |
|
appointed by the dean of the College of Agriculture of Texas Tech |
|
University; |
|
(4) one representative of The University of Texas at |
|
Austin, appointed by the vice president for research of The |
|
University of Texas System; |
|
(5) one representative of the Department of |
|
Agriculture, appointed by the commissioner of agriculture; |
|
(6) one representative of the Parks and Wildlife |
|
Department, appointed by the director of the department; |
|
(7) one representative of the Texas Water Development |
|
Board, appointed by the executive administrator [director] of the |
|
board; |
|
(8) one representative of county government, |
|
appointed by the governor; |
|
(9) one representative of the general public, |
|
appointed by the governor; |
|
(10) one representative of the agribusiness industry, |
|
appointed by the governor; |
|
(11) one representative of environmental interests, |
|
appointed by the governor; |
|
(12) one representative of wildlife interests, |
|
appointed by the governor; and |
|
(13) one representative of the Texas rice industry, |
|
appointed by the governor. |
|
SECTION 4.013. Section 130.0012(h), Education Code, is |
|
amended to correct a typographical error to read as follows: |
|
(h) Each public junior college offering a baccalaureate |
|
degree program under this section shall prepare a biennial report |
|
on the operation and effectiveness of the junior college's |
|
baccalaureate degree programs and shall deliver a copy of the |
|
report to the coordinating board in the form and at the time |
|
determined by the coordinating board.[.] |
|
ARTICLE 5. CHANGES RELATING TO ELECTION CODE |
|
SECTION 5.001. Section 13.031(d), Election Code, as amended |
|
by Chapters 1002 (H.B. 2194) and 1164 (H.B. 2817), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(d) To be eligible for appointment as a volunteer deputy |
|
registrar, a person must: |
|
(1) be 18 years of age or older; |
|
(2) not have been finally convicted of a felony or, if |
|
so convicted, must have: |
|
(A) fully discharged the person's sentence, |
|
including any term of incarceration, parole, or supervision, or |
|
completed a period of probation ordered by any court; or |
|
(B) been pardoned or otherwise released from the |
|
resulting disability to vote; [and] |
|
(3) meet the requirements to be a qualified voter |
|
under Section 11.002 except that the person is not required to be a |
|
registered voter; and |
|
(4) [(3)] not have been finally convicted of an |
|
offense under Section 32.51, Penal Code. |
|
SECTION 5.002. Section 15.022(a), Election Code, as amended |
|
by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(a) The registrar shall make the appropriate corrections in |
|
the registration records, including, if necessary, deleting a |
|
voter's name from the suspense list: |
|
(1) after receipt of a notice of a change in |
|
registration information under Section 15.021; |
|
(2) after receipt of a voter's reply to a notice of |
|
investigation given under Section 16.033; |
|
(3) after receipt of any affidavits executed under |
|
Section 63.006, following an election; |
|
(4) after receipt of a voter's statement of residence |
|
executed under Section 63.0011; |
|
(5) before the effective date of the abolishment of a |
|
county election precinct or a change in its boundary; |
|
(6) after receipt of United States Postal Service |
|
information indicating an address reclassification; |
|
(7) after receipt of a voter's response under Section |
|
15.053; or |
|
(8) after receipt of a registration application or |
|
change of address under Chapter 20. |
|
SECTION 5.003. Section 16.001(d), Election Code, as added |
|
by Chapter 650 (S.B. 1046), Acts of the 82nd Legislature, Regular |
|
Session, 2011, is repealed as duplicative of Sections 16.001(d) and |
|
18.068, Election Code, as added by Chapter 683 (H.B. 174), Acts of |
|
the 82nd Legislature, Regular Session, 2011. |
|
SECTION 5.004. Section 16.031(b), Election Code, as amended |
|
by Chapters 650 (S.B. 1046) and 683 (H.B. 174), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(b) The registrar shall cancel a voter's registration |
|
immediately if the registrar: |
|
(1) determines from information received under |
|
Section 16.001(c) that the voter is deceased; |
|
(2) has personal knowledge that the voter is deceased; |
|
(3) receives from a person related within the second |
|
degree by consanguinity or affinity, as determined under Chapter |
|
573, Government Code, to the voter a sworn statement by that person |
|
indicating that the voter is deceased; or |
|
(4) receives notice from the secretary of state under |
|
Section 18.068 that the voter is deceased. |
|
SECTION 5.005. The heading to Section 19.001, Election |
|
Code, is amended to read as follows: |
|
Sec. 19.001. STATEMENT OF REGISTRATIONS SUBMITTED TO |
|
SECRETARY OF STATE [COMPTROLLER]. |
|
SECTION 5.006. Section 66.0241, Election Code, as amended |
|
by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
Sec. 66.0241. CONTENTS OF ENVELOPE NO. 4. Envelope no. 4 |
|
must contain: |
|
(1) the precinct list of registered voters; |
|
(2) the registration correction list; |
|
(3) any statements of residence executed under Section |
|
63.0011; and |
|
(4) any affidavits executed under Section 63.006 or |
|
63.011. |
|
ARTICLE 6. CHANGES RELATING TO ESTATES CODE |
|
SECTION 6.001. Sections 21.001(b) and (c), Estates Code, as |
|
effective January 1, 2014, are amended to conform to Section 2.54, |
|
Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) Consistent with the objectives of the statutory |
|
revision program, the purpose of this code, except Subtitle |
|
[Subtitles] X [and Y], Title 2, and Subtitles Y and Z, Title 3, is to |
|
make the law encompassed by this code, except Subtitle [Subtitles] |
|
X [and Y], Title 2, and Subtitles Y and Z, Title 3, more accessible |
|
and understandable by: |
|
(1) rearranging the statutes into a more logical |
|
order; |
|
(2) employing a format and numbering system designed |
|
to facilitate citation of the law and to accommodate future |
|
expansion of the law; |
|
(3) eliminating repealed, duplicative, |
|
unconstitutional, expired, executed, and other ineffective |
|
provisions; and |
|
(4) restating the law in modern American English to |
|
the greatest extent possible. |
|
(c) The provisions of Subtitle [Subtitles] X [and Y], Title |
|
2, and Subtitles Y and Z, Title 3, are transferred from the Texas |
|
Probate Code and redesignated as part of this code, but are not |
|
revised as part of the state's continuing statutory revision |
|
program. |
|
SECTION 6.002. Section 21.002(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2.54, |
|
Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) Chapter 311, Government Code (Code Construction Act), |
|
does not apply to the construction of a provision of Subtitle X [or
|
|
Y], Title 2, or Subtitle Y or Z, Title 3. |
|
SECTION 6.003. Section 21.003(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2.54, |
|
Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) A reference in Subtitle X [or Y], Title 2, or Subtitle Y |
|
or Z, Title 3, to a chapter, a part, a subpart, a section, or any |
|
portion of a section "of this code" is a reference to the chapter, |
|
part, subpart, section, or portion of a section as redesignated in |
|
the Estates Code, except that: |
|
(1) a reference in Subtitle X [or Y], Title 2, or |
|
Subtitle Y or Z, Title 3, to Chapter I is a reference to Chapter I, |
|
Estates Code, and to the revision of sections derived from Chapter |
|
I, Texas Probate Code, and any reenactments and amendments to those |
|
sections; and |
|
(2) a reference in Subtitle X [or Y], Title 2, or |
|
Subtitle Y or Z, Title 3, to a chapter, part, subpart, section, or |
|
portion of a section that does not exist in the Estates Code is a |
|
reference to the revision or redesignation of the corresponding |
|
chapter, part, subpart, section, or portion of a section of the |
|
Texas Probate Code and any reenactments or amendments. |
|
SECTION 6.004. Section 21.005, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 |
|
(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 21.005. APPLICABILITY OF CERTAIN LAWS. |
|
Notwithstanding Section 21.002(b) of this code and Section 311.002, |
|
Government Code: |
|
(1) Section 311.032(c), Government Code, applies to |
|
Subtitle [Subtitles] X [and Y], Title 2, and Subtitles Y and Z, |
|
Title 3; and |
|
(2) Sections 311.005(4) and 311.012(b) and (c), |
|
Government Code, apply to Subtitle [Subtitles] X [and Y], Title 2, |
|
and Subtitles Y and Z, Title 3. |
|
SECTION 6.005. Section 22.001(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Sections 1.02 |
|
and 3.02(c), Chapter 823 (H.B. 2759), Acts of the 82nd Legislature, |
|
Regular Session, 2011, to read as follows: |
|
(b) If Title 3 [Chapter XIII] provides a definition for a |
|
term that is different from the definition provided by this |
|
chapter, the definition for the term provided by Title 3 [Chapter
|
|
XIII] applies in that title [chapter]. |
|
SECTION 6.006. Section 22.017, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 |
|
(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 22.017. INDEPENDENT EXECUTOR. "Independent executor" |
|
means the personal representative of an estate under independent |
|
administration as provided by Chapter 401 and Section 402.001 |
|
[Section 145]. The term includes an independent administrator. |
|
SECTION 6.007. Section 32.005(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2.54, |
|
Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) This section shall be construed in conjunction and in |
|
harmony with Chapter 401 and Section 402.001 [Section 145] and all |
|
other sections of this title relating to independent executors, but |
|
may not be construed to expand the court's control over an |
|
independent executor. |
|
SECTION 6.008. Subtitle A, Title 2, Estates Code, as |
|
effective January 1, 2014, is amended by adding Chapter 34, and a |
|
heading is added to that chapter to read as follows: |
|
CHAPTER 34. MATTERS RELATING TO CERTAIN OTHER TYPES OF PROCEEDINGS |
|
SECTION 6.009. Notwithstanding the transfer of Sections 5B |
|
and 5C, Texas Probate Code, to the Estates Code and redesignation as |
|
Sections 5B and 5C of that code effective January 1, 2014, by |
|
Section 2, Chapter 680 (H.B. 2502), Acts of the 81st Legislature, |
|
Regular Session, 2009, Sections 5B and 5C, Texas Probate Code, are |
|
transferred to Chapter 34, Estates Code, as added by this Act, |
|
redesignated as Sections 34.001 and 34.002, Estates Code, and |
|
amended to read as follows: |
|
Sec. 34.001 [5B]. TRANSFER TO STATUTORY PROBATE COURT OF |
|
PROCEEDING RELATED TO PROBATE PROCEEDING. (a) A judge of a |
|
statutory probate court, on the motion of a party to the action or |
|
on the motion of a person interested in an estate, may transfer to |
|
the judge's court from a district, county, or statutory court a |
|
cause of action related to a probate proceeding pending in the |
|
statutory probate court or a cause of action in which a personal |
|
representative of an estate pending in the statutory probate court |
|
is a party and may consolidate the transferred cause of action with |
|
the other proceedings in the statutory probate court relating to |
|
that estate. |
|
(b) Notwithstanding any other provision of this subtitle, |
|
Title 1, Subtitle X, Title 2, Chapter 51, 52, 53, 54, 55, or 151, or |
|
Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or |
|
351.355 [chapter], the proper venue for an action by or against a |
|
personal representative for personal injury, death, or property |
|
damages is determined under Section 15.007, Civil Practice and |
|
Remedies Code. |
|
Sec. 34.002 [5C]. ACTIONS TO COLLECT DELINQUENT PROPERTY |
|
TAXES. (a) This section applies only to a decedent's estate that: |
|
(1) is being administered in a pending probate |
|
proceeding; |
|
(2) owns or claims an interest in property against |
|
which a taxing unit has imposed ad valorem taxes that are |
|
delinquent; and |
|
(3) is not being administered as an independent |
|
administration under Chapter 401 and Section 402.001 [Section 145
|
|
of this code]. |
|
(b) Notwithstanding any provision of this code to the |
|
contrary, if the probate proceedings are pending in a foreign |
|
jurisdiction or in a county other than the county in which the taxes |
|
were imposed, a suit to foreclose the lien securing payment of the |
|
taxes or to enforce personal liability for the taxes must be brought |
|
under Section 33.41, Tax Code, in a court of competent jurisdiction |
|
in the county in which the taxes were imposed. |
|
(c) If the probate proceedings have been pending for four |
|
years or less in the county in which the taxes were imposed, the |
|
taxing unit may present a claim for the delinquent taxes against the |
|
estate to the personal representative of the estate in the probate |
|
proceedings. |
|
(d) If the taxing unit presents a claim against the estate |
|
under Subsection (c) [of this section]: |
|
(1) the claim of the taxing unit is subject to each |
|
applicable provision in Subchapter A, Chapter 124, Subchapter B, |
|
Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356 |
|
[Parts 4 and 5, Chapter VIII, of this code] that relates to a claim |
|
or the enforcement of a claim in a probate proceeding; and |
|
(2) the taxing unit may not bring a suit in any other |
|
court to foreclose the lien securing payment of the taxes or to |
|
enforce personal liability for the delinquent taxes before the |
|
first day after the fourth anniversary of the date the application |
|
for the probate proceeding was filed. |
|
(e) To foreclose the lien securing payment of the delinquent |
|
taxes, the taxing unit must bring a suit under Section 33.41, Tax |
|
Code, in a court of competent jurisdiction for the county in which |
|
the taxes were imposed if: |
|
(1) the probate proceedings have been pending in that |
|
county for more than four years; and |
|
(2) the taxing unit did not present a delinquent tax |
|
claim under Subsection (c) [of this section] against the estate in |
|
the probate proceeding. |
|
(f) In a suit brought under Subsection (e) [of this
|
|
section], the taxing unit: |
|
(1) shall make the personal representative of the |
|
decedent's estate a party to the suit; and |
|
(2) may not seek to enforce personal liability for the |
|
taxes against the estate of the decedent. |
|
SECTION 6.010. Section 152.001(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2.54, |
|
Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) An applicant may file an application under this section |
|
only if: |
|
(1) an application or affidavit has not been filed and |
|
is not pending under Section [145,] 256.052, 256.054, or 301.052 or |
|
Chapter 205 or 401; and |
|
(2) the applicant needs to: |
|
(A) obtain funds for the payment of the |
|
decedent's funeral and burial expenses; or |
|
(B) gain access to accommodations rented by the |
|
decedent that contain the decedent's personal property and the |
|
applicant has been denied access to those accommodations. |
|
SECTION 6.011. Section 152.102(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 2, |
|
Chapter 707 (H.B. 549), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) Subsection (a) applies: |
|
(1) without regard to whether the decedent died |
|
intestate or testate; [and] |
|
(2) regardless of whether the surviving spouse is |
|
designated by the decedent's will as the executor of the decedent's |
|
estate; and |
|
(3) subject to the prohibition described by Section |
|
711.002(l), Health and Safety Code. |
|
SECTION 6.012. Section 351.351, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 |
|
(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 351.351. APPLICABILITY. This subchapter does not |
|
apply to: |
|
(1) the appointment of an independent executor or |
|
administrator under Section 401.002 or 401.003(a) [145(c), (d), or
|
|
(e)]; or |
|
(2) the appointment of a successor independent |
|
executor under Section 404.005 [154A]. |
|
SECTION 6.013. Section 352.004, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 |
|
(S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 352.004. DENIAL OF COMPENSATION. The court may, on |
|
application of an interested person or on the court's own motion, |
|
wholly or partly deny a commission allowed by this subchapter if: |
|
(1) the court finds that the executor or administrator |
|
has not taken care of and managed estate property prudently; or |
|
(2) the executor or administrator has been removed |
|
under Section 404.003 [149C] or Subchapter B, Chapter 361. |
|
SECTION 6.014. Section 1002.015, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 1, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1002.015. [GUARDIANSHIP MATTER;] GUARDIANSHIP |
|
PROCEEDING[; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR
|
|
GUARDIANSHIP]. The term [terms "guardianship matter,"] |
|
"guardianship proceeding" means [proceeding," "proceedings in
|
|
guardianship," and "proceedings for guardianship" are synonymous
|
|
and include] a matter or proceeding related [relating] to a |
|
guardianship or any other matter covered [addressed] by this title, |
|
including: |
|
(1) the appointment of a guardian of a minor or other |
|
incapacitated person, including an incapacitated adult for whom |
|
another court obtained continuing, exclusive jurisdiction in a suit |
|
affecting the parent-child relationship when the person was a |
|
child; |
|
(2) an application, petition, or motion regarding |
|
guardianship or an alternative to guardianship under this title; |
|
(3) a mental health action; and |
|
(4) an application, petition, or motion regarding a |
|
trust created under Chapter 1301. |
|
SECTION 6.015. (a) Subtitle B, Title 3, Estates Code, as |
|
effective January 1, 2014, is amended to conform to Sections 2-7, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, and Sections 66.01-66.04, Chapter 4 (S.B. 1), Acts |
|
of the 82nd Legislature, 1st Called Session, 2011, by adding |
|
Chapters 1021, 1022, and 1023 to read as follows: |
|
CHAPTER 1021. GENERAL PROVISIONS |
|
Sec. 1021.001. MATTERS RELATED TO GUARDIANSHIP PROCEEDING. |
|
(a) For purposes of this code, in a county in which there is no |
|
statutory probate court, a matter related to a guardianship |
|
proceeding includes: |
|
(1) the granting of letters of guardianship; |
|
(2) the settling of an account of a guardian and all |
|
other matters relating to the settlement, partition, or |
|
distribution of a ward's estate; |
|
(3) a claim brought by or against a guardianship |
|
estate; |
|
(4) an action for trial of title to real property that |
|
is guardianship estate property, including the enforcement of a |
|
lien against the property; |
|
(5) an action for trial of the right of property that |
|
is guardianship estate property; |
|
(6) after a guardianship of the estate of a ward is |
|
required to be settled as provided by Section 1204.001: |
|
(A) an action brought by or on behalf of the |
|
former ward against a former guardian of the ward for alleged |
|
misconduct arising from the performance of the person's duties as |
|
guardian; |
|
(B) an action calling on the surety of a guardian |
|
or former guardian to perform in place of the guardian or former |
|
guardian, which may include the award of a judgment against the |
|
guardian or former guardian in favor of the surety; |
|
(C) an action against a former guardian of the |
|
former ward that is brought by a surety that is called on to perform |
|
in place of the former guardian; |
|
(D) a claim for the payment of compensation, |
|
expenses, and court costs, and any other matter authorized under |
|
Chapter 1155 and Subpart H, Part 2, Subtitle Z; and |
|
(E) a matter related to an authorization made or |
|
duty performed by a guardian under Chapter 1204; and |
|
(7) the appointment of a trustee for a trust created |
|
under Section 1301.053 or 1301.054, the settling of an account of |
|
the trustee, and all other matters relating to the trust. |
|
(b) For purposes of this code, in a county in which there is |
|
a statutory probate court, a matter related to a guardianship |
|
proceeding includes: |
|
(1) all matters and actions described in Subsection |
|
(a); |
|
(2) a suit, action, or application filed against or on |
|
behalf of a guardianship or a trustee of a trust created under |
|
Section 1301.053 or 1301.054; and |
|
(3) a cause of action in which a guardian in a |
|
guardianship pending in the statutory probate court is a party. |
|
CHAPTER 1022. JURISDICTION |
|
Sec. 1022.001. GENERAL PROBATE COURT JURISDICTION IN |
|
GUARDIANSHIP PROCEEDINGS; APPEALS. (a) All guardianship |
|
proceedings must be filed and heard in a court exercising original |
|
probate jurisdiction. The court exercising original probate |
|
jurisdiction also has jurisdiction of all matters related to the |
|
guardianship proceeding as specified in Section 1021.001 for that |
|
type of court. |
|
(b) A probate court may exercise pendent and ancillary |
|
jurisdiction as necessary to promote judicial efficiency and |
|
economy. |
|
(c) A final order issued by a probate court is appealable to |
|
the court of appeals. |
|
Sec. 1022.002. ORIGINAL JURISDICTION FOR GUARDIANSHIP |
|
PROCEEDINGS. (a) In a county in which there is no statutory |
|
probate court or county court at law exercising original probate |
|
jurisdiction, the county court has original jurisdiction of |
|
guardianship proceedings. |
|
(b) In a county in which there is no statutory probate |
|
court, but in which there is a county court at law exercising |
|
original probate jurisdiction, the county court at law exercising |
|
original probate jurisdiction and the county court have concurrent |
|
original jurisdiction of guardianship proceedings, unless |
|
otherwise provided by law. The judge of a county court may hear |
|
guardianship proceedings while sitting for the judge of any other |
|
county court. |
|
(c) In a county in which there is a statutory probate court, |
|
the statutory probate court has original jurisdiction of |
|
guardianship proceedings. |
|
Sec. 1022.003. JURISDICTION OF CONTESTED GUARDIANSHIP |
|
PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR COUNTY |
|
COURT AT LAW. (a) In a county in which there is no statutory |
|
probate court or county court at law exercising original probate |
|
jurisdiction, when a matter in a guardianship proceeding is |
|
contested, the judge of the county court may, on the judge's own |
|
motion, or shall, on the motion of any party to the proceeding, |
|
according to the motion: |
|
(1) request the assignment of a statutory probate |
|
court judge to hear the contested matter, as provided by Section |
|
25.0022, Government Code; or |
|
(2) transfer the contested matter to the district |
|
court, which may then hear the contested matter as if originally |
|
filed in the district court. |
|
(b) If a party to a guardianship proceeding files a motion |
|
for the assignment of a statutory probate court judge to hear a |
|
contested matter in the proceeding before the judge of the county |
|
court transfers the contested matter to a district court under this |
|
section, the county judge shall grant the motion for the assignment |
|
of a statutory probate court judge and may not transfer the matter |
|
to the district court unless the party withdraws the motion. |
|
(c) If a judge of a county court requests the assignment of a |
|
statutory probate court judge to hear a contested matter in a |
|
guardianship proceeding on the judge's own motion or on the motion |
|
of a party to the proceeding as provided by this section, the judge |
|
may request that the statutory probate court judge be assigned to |
|
the entire proceeding on the judge's own motion or on the motion of |
|
a party. |
|
(d) A party to a guardianship proceeding may file a motion |
|
for the assignment of a statutory probate court judge under this |
|
section before a matter in the proceeding becomes contested, and |
|
the motion is given effect as a motion for assignment of a statutory |
|
probate court judge under Subsection (a) if the matter later |
|
becomes contested. |
|
(e) Notwithstanding any other law, a transfer of a contested |
|
matter in a guardianship proceeding to a district court under any |
|
authority other than the authority provided by this section: |
|
(1) is disregarded for purposes of this section; and |
|
(2) does not defeat the right of a party to the |
|
proceeding to have the matter assigned to a statutory probate court |
|
judge in accordance with this section. |
|
(f) A statutory probate court judge assigned to a contested |
|
matter in a guardianship proceeding or to the entire proceeding |
|
under this section has the jurisdiction and authority granted to a |
|
statutory probate court by this code. A statutory probate court |
|
judge assigned to hear only the contested matter in a guardianship |
|
proceeding shall, on resolution of the matter, including any appeal |
|
of the matter, return the matter to the county court for further |
|
proceedings not inconsistent with the orders of the statutory |
|
probate court or court of appeals, as applicable. A statutory |
|
probate court judge assigned to the entire guardianship proceeding |
|
as provided by Subsection (c) shall, on resolution of the contested |
|
matter in the proceeding, including any appeal of the matter, |
|
return the entire proceeding to the county court for further |
|
proceedings not inconsistent with the orders of the statutory |
|
probate court or court of appeals, as applicable. |
|
(g) A district court to which a contested matter in a |
|
guardianship proceeding is transferred under this section has the |
|
jurisdiction and authority granted to a statutory probate court by |
|
this code. On resolution of a contested matter transferred to the |
|
district court under this section, including any appeal of the |
|
matter, the district court shall return the matter to the county |
|
court for further proceedings not inconsistent with the orders of |
|
the district court or court of appeals, as applicable. |
|
(h) If only the contested matter in a guardianship |
|
proceeding is assigned to a statutory probate court judge under |
|
this section, or if the contested matter in a guardianship |
|
proceeding is transferred to a district court under this section, |
|
the county court shall continue to exercise jurisdiction over the |
|
management of the guardianship, other than a contested matter, |
|
until final disposition of the contested matter is made in |
|
accordance with this section. Any matter related to a guardianship |
|
proceeding in which a contested matter is transferred to a district |
|
court may be brought in the district court. The district court in |
|
which a matter related to the proceeding is filed may, on the |
|
court's own motion or on the motion of any party, find that the |
|
matter is not a contested matter and transfer the matter to the |
|
county court with jurisdiction of the management of the |
|
guardianship. |
|
(i) If a contested matter in a guardianship proceeding is |
|
transferred to a district court under this section, the district |
|
court has jurisdiction of any contested matter in the proceeding |
|
that is subsequently filed, and the county court shall transfer |
|
those contested matters to the district court. If a statutory |
|
probate court judge is assigned under this section to hear a |
|
contested matter in a guardianship proceeding, the statutory |
|
probate court judge shall be assigned to hear any contested matter |
|
in the proceeding that is subsequently filed. |
|
(j) The clerk of a district court to which a contested |
|
matter in a guardianship proceeding is transferred under this |
|
section may perform in relation to the transferred matter any |
|
function a county clerk may perform with respect to that type of |
|
matter. |
|
Sec. 1022.004. JURISDICTION OF CONTESTED GUARDIANSHIP |
|
PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT. (a) In a |
|
county in which there is no statutory probate court, but in which |
|
there is a county court at law exercising original probate |
|
jurisdiction, when a matter in a guardianship proceeding is |
|
contested, the judge of the county court may, on the judge's own |
|
motion, or shall, on the motion of any party to the proceeding, |
|
transfer the contested matter to the county court at law. In |
|
addition, the judge of the county court, on the judge's own motion |
|
or on the motion of a party to the proceeding, may transfer the |
|
entire proceeding to the county court at law. |
|
(b) A county court at law to which a proceeding is |
|
transferred under this section may hear the proceeding as if |
|
originally filed in that court. If only a contested matter in the |
|
proceeding is transferred, on the resolution of the matter, the |
|
matter shall be returned to the county court for further |
|
proceedings not inconsistent with the orders of the county court at |
|
law. |
|
Sec. 1022.005. EXCLUSIVE JURISDICTION OF GUARDIANSHIP |
|
PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT. (a) In a |
|
county in which there is a statutory probate court, the statutory |
|
probate court has exclusive jurisdiction of all guardianship |
|
proceedings, regardless of whether contested or uncontested. |
|
(b) A cause of action related to a guardianship proceeding |
|
of which the statutory probate court has exclusive jurisdiction as |
|
provided by Subsection (a) must be brought in the statutory probate |
|
court unless the jurisdiction of the statutory probate court is |
|
concurrent with the jurisdiction of a district court as provided by |
|
Section 1022.006 or with the jurisdiction of any other court. |
|
Sec. 1022.006. CONCURRENT JURISDICTION WITH DISTRICT |
|
COURT. A statutory probate court has concurrent jurisdiction with |
|
the district court in: |
|
(1) a personal injury, survival, or wrongful death |
|
action by or against a person in the person's capacity as a |
|
guardian; and |
|
(2) an action involving a guardian in which each other |
|
party aligned with the guardian is not an interested person in the |
|
guardianship. |
|
Sec. 1022.007. TRANSFER OF PROCEEDING BY STATUTORY PROBATE |
|
COURT. (a) A judge of a statutory probate court, on the motion of |
|
a party to the action or of a person interested in the guardianship, |
|
may: |
|
(1) transfer to the judge's court from a district, |
|
county, or statutory court a cause of action that is a matter |
|
related to a guardianship proceeding pending in the statutory |
|
probate court, including a cause of action that is a matter related |
|
to a guardianship proceeding pending in the statutory probate court |
|
and in which the guardian, ward, or proposed ward in the pending |
|
guardianship proceeding is a party; and |
|
(2) consolidate the transferred cause of action with |
|
the guardianship proceeding to which it relates and any other |
|
proceedings in the statutory probate court that are related to the |
|
guardianship proceeding. |
|
(b) Notwithstanding any other provision of this title, the |
|
proper venue for an action by or against a guardian, ward, or |
|
proposed ward for personal injury, death, or property damages is |
|
determined under Section 15.007, Civil Practice and Remedies Code. |
|
Sec. 1022.008. TRANSFER OF CONTESTED GUARDIANSHIP OF THE |
|
PERSON OF A MINOR. (a) If an interested person contests an |
|
application for the appointment of a guardian of the person of a |
|
minor or an interested person seeks the removal of a guardian of the |
|
person of a minor, the judge, on the judge's own motion, may |
|
transfer all matters related to the guardianship proceeding to a |
|
court of competent jurisdiction in which a suit affecting the |
|
parent-child relationship under the Family Code is pending. |
|
CHAPTER 1023. VENUE |
|
Sec. 1023.002. CONCURRENT VENUE AND TRANSFER FOR WANT OF |
|
VENUE. (a) If two or more courts have concurrent venue of a |
|
guardianship proceeding, the court in which an application for a |
|
guardianship proceeding is initially filed has and retains |
|
jurisdiction of the proceeding. A proceeding is considered |
|
commenced by the filing of an application alleging facts sufficient |
|
to confer venue, and the proceeding initially legally commenced |
|
extends to all of the property of the guardianship estate. |
|
Sec. 1023.003. APPLICATION FOR TRANSFER OF GUARDIANSHIP TO |
|
ANOTHER COUNTY. When a guardian or any other person desires to |
|
transfer the transaction of the business of the guardianship from |
|
one county to another, the person shall file a written application |
|
in the court in which the guardianship is pending stating the reason |
|
for the transfer. |
|
Sec. 1023.004. NOTICE. (a) On filing an application to |
|
transfer a guardianship to another county, the sureties on the bond |
|
of the guardian shall be cited by personal service to appear and |
|
show cause why the application should not be granted. |
|
Sec. 1023.005. COURT ACTION. (a) On hearing an |
|
application under Section 1023.003, if good cause is not shown to |
|
deny the application and it appears that transfer of the |
|
guardianship is in the best interests of the ward, the court shall |
|
enter an order authorizing the transfer on payment on behalf of the |
|
estate of all accrued costs. |
|
(b) In an order entered under Subsection (a), the court |
|
shall require the guardian, not later than the 20th day after the |
|
date the order is entered, to: |
|
(1) give a new bond payable to the judge of the court |
|
to which the guardianship is transferred; or |
|
(2) file a rider to an existing bond noting the court |
|
to which the guardianship is transferred. |
|
Sec. 1023.006. TRANSFER OF RECORD. When an order of |
|
transfer is made under Section 1023.005, the clerk shall record any |
|
unrecorded papers of the guardianship required to be recorded. On |
|
payment of the clerk's fee, the clerk shall transmit to the county |
|
clerk of the county to which the guardianship was ordered |
|
transferred: |
|
(1) the case file of the guardianship proceedings; and |
|
(2) a certified copy of the index of the guardianship |
|
records. |
|
Sec. 1023.007. TRANSFER EFFECTIVE. The order transferring |
|
a guardianship does not take effect until: |
|
(1) the case file and a certified copy of the index |
|
required by Section 1023.006 are filed in the office of the county |
|
clerk of the county to which the guardianship was ordered |
|
transferred; and |
|
(2) a certificate under the clerk's official seal and |
|
reporting the filing of the case file and a certified copy of the |
|
index is filed in the court ordering the transfer by the county |
|
clerk of the county to which the guardianship was ordered |
|
transferred. |
|
Sec. 1023.008. CONTINUATION OF GUARDIANSHIP. When a |
|
guardianship is transferred from one county to another in |
|
accordance with this chapter, the guardianship proceeds in the |
|
court to which it was transferred as if it had been originally |
|
commenced in that court. It is not necessary to record in the |
|
receiving court any of the papers in the case that were recorded in |
|
the court from which the case was transferred. |
|
Sec. 1023.009. NEW GUARDIAN APPOINTED ON TRANSFER. If it |
|
appears to the court that transfer of the guardianship is in the |
|
best interests of the ward, but that because of the transfer it is |
|
not in the best interests of the ward for the guardian of the estate |
|
to continue to serve in that capacity, the court may in its order of |
|
transfer revoke the letters of guardianship and appoint a new |
|
guardian, and the former guardian shall account for and deliver the |
|
estate as provided by this title in a case in which a guardian |
|
resigns. |
|
Sec. 1023.010. REVIEW OF TRANSFERRED GUARDIANSHIP. Not |
|
later than the 90th day after the date the transfer of the |
|
guardianship takes effect under Section 1023.007, the court to |
|
which the guardianship was transferred shall hold a hearing to |
|
consider modifying the rights, duties, and powers of the guardian |
|
or any other provisions of the transferred guardianship. |
|
(b) Subsections (b) and (c), Section 609, Texas Probate |
|
Code, are transferred to Chapter 1022, Estates Code, as added by |
|
Subsection (a) of this section, and redesignated as Subsections (b) |
|
and (c), Section 1022.008, Estates Code. |
|
(c) Section 610, Texas Probate Code, is transferred to |
|
Chapter 1023, Estates Code, as added by Subsection (a) of this |
|
section, and redesignated as Section 1023.001, Estates Code. |
|
(d) Subsections (b), (c), and (d), Section 611, Texas |
|
Probate Code, are transferred to Chapter 1023, Estates Code, as |
|
added by Subsection (a) of this section, and redesignated as |
|
Subsections (b), (c), and (d), Section 1023.002, Estates Code. |
|
(e) Subsection (b), Section 613, Texas Probate Code, is |
|
transferred to Chapter 1023, Estates Code, as added by Subsection |
|
(a) of this section, and redesignated as Subsection (b), Section |
|
1023.004, Estates Code. |
|
SECTION 6.016. Section 1051.001, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 13, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1051.001. ISSUANCE OF NOTICE OR PROCESS IN GENERAL. |
|
(a) Except as provided by Subsection (b), a person is not required |
|
to be cited or otherwise given notice in a guardianship proceeding |
|
[matter] except in a situation in which this title expressly |
|
provides for citation or the giving of notice. |
|
(b) If this title does not expressly provide for citation or |
|
the issuance or return of notice in a guardianship proceeding |
|
[matter], the court may require that notice be given. A court that |
|
requires that notice be given shall prescribe the form and manner of |
|
service of the notice and the return of service. |
|
(c) Unless a court order is required by this title, the |
|
county clerk without a court order shall issue: |
|
(1) necessary citations, writs, and other process in a |
|
guardianship proceeding [matter]; and |
|
(2) all notices not required to be issued by a |
|
guardian. |
|
SECTION 6.017. Section 1051.102, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 6, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by |
|
adding Subsection (d) to read as follows: |
|
(d) The citation must contain a clear and conspicuous |
|
statement informing those interested persons of the right provided |
|
under Section 1051.252 to be notified of any or all motions, |
|
applications, or pleadings relating to the application for the |
|
guardianship or any subsequent guardianship proceeding involving |
|
the ward after the guardianship is created, if any. |
|
SECTION 6.018. Section 1051.103, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 6, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to |
|
read as follows: |
|
Sec. 1051.103. SERVICE OF CITATION FOR APPLICATION FOR |
|
GUARDIANSHIP. (a) The sheriff or other officer shall personally |
|
serve citation to appear and answer an application for guardianship |
|
on: |
|
(1) a proposed ward who is 12 years of age or older; |
|
(2) the proposed ward's parents, if the whereabouts of |
|
the parents are known or can be reasonably ascertained; |
|
(3) any court-appointed conservator or person having |
|
control of the care and welfare of the proposed ward; |
|
(4) the proposed ward's spouse, if the whereabouts of |
|
the spouse are known or can be reasonably ascertained; and |
|
(5) the person named in the application to be |
|
appointed guardian, if that person is not the applicant. |
|
(b) A citation served as provided by Subsection (a) must |
|
contain the statement regarding the right under Section 1051.252 |
|
that is required in the citation issued under Section 1051.102. |
|
SECTION 6.019. Section 1051.104(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 6, |
|
Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) The person filing an application for guardianship shall |
|
mail a copy of the application and a notice containing the |
|
information required in the citation issued under Section 1051.102 |
|
by registered or certified mail, return receipt requested, or by |
|
any other form of mail that provides proof of delivery, to the |
|
following persons, if their whereabouts are known or can be |
|
reasonably ascertained: |
|
(1) each adult child of the proposed ward; |
|
(2) each adult sibling of the proposed ward; |
|
(3) the administrator of a nursing home facility or |
|
similar facility in which the proposed ward resides; |
|
(4) the operator of a residential facility in which |
|
the proposed ward resides; |
|
(5) a person whom the applicant knows to hold a power |
|
of attorney signed by the proposed ward; |
|
(6) a person designated to serve as guardian of the |
|
proposed ward by a written declaration under Subchapter E, Chapter |
|
1104, if the applicant knows of the existence of the declaration; |
|
(7) a person designated to serve as guardian of the |
|
proposed ward in the probated will of the last surviving parent of |
|
the proposed ward; |
|
(8) a person designated to serve as guardian of the |
|
proposed ward by a written declaration of the proposed ward's last |
|
surviving parent, if the declarant is deceased and the applicant |
|
knows of the existence of the declaration; and |
|
(9) each person named as another relative within the |
|
third degree by consanguinity [next of kin] in the application as |
|
required by Section 1101.001(b)(11) or (13) if the proposed ward's |
|
spouse and each of the proposed ward's parents, adult siblings, and |
|
adult children are deceased or there is no spouse, parent, adult |
|
sibling, or adult child. |
|
SECTION 6.020. Section 1051.152(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 13, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) A citation or notice in a guardianship proceeding |
|
[matter] that is required to be served by posting and is issued in |
|
conformity with this title, and the service of and return of the |
|
citation or notice, is valid if: |
|
(1) a sheriff or constable posts a copy of the citation |
|
or notice at the location or locations prescribed by this title; and |
|
(2) the posting occurs on a day preceding the return |
|
day of service specified in the citation or notice that provides |
|
sufficient time for the period the citation or notice must be posted |
|
to expire before the specified return day. |
|
SECTION 6.021. The heading to Section 1051.253, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Chapter |
|
1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, |
|
2011, to read as follows: |
|
Sec. 1051.253. SERVICE OF NOTICE OF INTENTION TO |
|
TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS [MATTERS]. |
|
SECTION 6.022. Section 1052.051(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 8, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) An application for a guardianship proceeding or a [,] |
|
complaint, petition, or other paper permitted or required by law to |
|
be filed with a court in a guardianship proceeding [matter] must be |
|
filed with the county clerk of the appropriate county. |
|
SECTION 6.023. Section 1053.051, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 9, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1053.051. APPLICABILITY OF CERTAIN LAWS. A law |
|
regulating costs in ordinary civil cases applies to a guardianship |
|
proceeding [matter] unless otherwise expressly provided by this |
|
title. |
|
SECTION 6.024. Section 1053.052(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 9, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) The clerk may require a person who files an application, |
|
complaint, or opposition relating to a guardianship proceeding |
|
[matter], other than a guardian, attorney ad litem, or guardian ad |
|
litem, to provide security for the probable costs of the |
|
[guardianship] proceeding before filing the application, |
|
complaint, or opposition. |
|
SECTION 6.025. The heading to Subchapter C, Chapter 1053, |
|
Estates Code, as effective January 1, 2014, is amended to conform to |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
SUBCHAPTER C. PROCEDURES FOR GUARDIANSHIP PROCEEDINGS [MATTERS] |
|
SECTION 6.026. Section 1053.101, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 10, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1053.101. CALLING OF DOCKETS. The judge in whose court |
|
a guardianship proceeding is pending, as determined by the judge, |
|
shall: |
|
(1) call guardianship proceedings [matters] in the |
|
proceedings' [matters'] regular order on both the guardianship and |
|
claim dockets; and |
|
(2) issue necessary orders. |
|
SECTION 6.027. Section 1053.102, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 11, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1053.102. SETTING OF CERTAIN HEARINGS BY CLERK. |
|
(a) If a judge is unable to designate the time and place for |
|
hearing a guardianship proceeding [matter] pending in the judge's |
|
court because the judge is absent from the county seat or is on |
|
vacation, disqualified, ill, or deceased, the county clerk of the |
|
county in which the proceeding [matter] is pending may: |
|
(1) designate the time and place for hearing; |
|
(2) enter the setting on the judge's docket; and |
|
(3) certify on the docket the reason that the judge is |
|
not acting to set the hearing. |
|
(b) If, after the perfection of the service of notices and |
|
citations required by law concerning the time and place of hearing, |
|
a qualified judge is not present for a hearing set under Subsection |
|
(a), the hearing is automatically continued from day to day until a |
|
qualified judge is present to hear and make a determination in the |
|
proceeding [determine the matter]. |
|
SECTION 6.028. Section 1053.103, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 16, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1053.103. RENDERING OF DECISIONS, ORDERS, DECREES, AND |
|
JUDGMENTS. The court shall render a decision, order, decree, or |
|
judgment in a guardianship proceeding [matter] in open court, |
|
except as otherwise expressly provided. |
|
SECTION 6.029. Section 1054.002, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 15, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1054.002. TERM OF APPOINTMENT. (a) Unless the court |
|
determines that the continued appointment of an attorney ad litem |
|
appointed under Section 1054.001 is in the ward's best interests, |
|
the attorney's term of appointment expires, without a court order, |
|
on the date the court: |
|
(1) appoints a guardian in accordance with Subchapter |
|
D, Chapter 1101; |
|
(2) appoints a successor guardian; or |
|
(3) [(2)] denies the application for appointment of a |
|
guardian. |
|
(b) The term of appointment of an attorney ad litem |
|
appointed under Section 1054.001 continues after the court appoints |
|
a temporary guardian under Chapter 1251 unless a court order |
|
provides for the termination or expiration of the attorney ad |
|
litem's appointment. |
|
SECTION 6.030. Subchapter A, Chapter 1054, Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 7, |
|
Chapter 599 (S.B. 220), and Chapter 1085 (S.B. 1196), Acts of the |
|
82nd Legislature, Regular Session, 2011, by adding Section 1054.006 |
|
to read as follows: |
|
Sec. 1054.006. REPRESENTATION OF WARD OR PROPOSED WARD BY |
|
ATTORNEY. (a) The following persons may at any time retain an |
|
attorney who holds a certificate required by Subchapter E to |
|
represent the person's interests in a guardianship proceeding |
|
instead of having those interests represented by an attorney ad |
|
litem appointed under Section 1054.001 or another provision of this |
|
title: |
|
(1) a ward who retains the power to enter into a |
|
contract under the terms of the guardianship, subject to Section |
|
1202.103; and |
|
(2) a proposed ward for purposes of a proceeding for |
|
the appointment of a guardian as long as the proposed ward has |
|
capacity to contract. |
|
(b) If the court finds that the ward or the proposed ward has |
|
capacity to contract, the court may remove an attorney ad litem |
|
appointed under Section 1054.001 or any other provision of this |
|
title that requires the court to appoint an attorney ad litem to |
|
represent the interests of a ward or proposed ward and appoint a |
|
ward or a proposed ward's retained counsel. |
|
SECTION 6.031. Section 1055.002, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 14, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1055.002. DEFECT IN PLEADING. A court may not |
|
invalidate a pleading in a guardianship proceeding [matter], or an |
|
order based on the pleading, on the basis of a defect of form or |
|
substance in the pleading unless a timely objection has been made |
|
against the defect and the defect has been called to the attention |
|
of the court in which the proceeding was or is pending. |
|
SECTION 6.032. Subchapter B, Chapter 1055, Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 17 and |
|
other provisions of Chapter 1085 (S.B. 1196), Acts of the 82nd |
|
Legislature, Regular Session, 2011, by adding Section 1055.053 to |
|
read as follows: |
|
Sec. 1055.053. LOCATION OF HEARING. (a) Except as |
|
provided by Subsection (b), the judge may hold a hearing on a |
|
guardianship proceeding involving an adult ward or adult proposed |
|
ward at any suitable location in the county in which the |
|
guardianship proceeding is pending. The hearing should be held in a |
|
physical setting that is not likely to have a harmful effect on the |
|
ward or proposed ward. |
|
(b) On the request of the adult proposed ward, the adult |
|
ward, or the attorney of the proposed ward or ward, the hearing may |
|
not be held under the authority of this section at a place other |
|
than the courthouse. |
|
SECTION 6.033. The heading to Section 1056.001, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Chapter |
|
1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, |
|
2011, to read as follows: |
|
Sec. 1056.001. EXECUTIONS IN GUARDIANSHIP PROCEEDINGS |
|
[MATTERS]. |
|
SECTION 6.034. Sections 1056.001(a) and (b), Estates Code, |
|
as effective January 1, 2014, are amended to conform to Section 18, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) An execution in a guardianship proceeding [matter] must |
|
be: |
|
(1) directed "to any sheriff or any constable within |
|
the State of Texas"; |
|
(2) attested and signed by the clerk officially under |
|
court seal; and |
|
(3) made returnable in 60 days. |
|
(b) A proceeding under an execution in a guardianship |
|
proceeding [matter] is governed, to the extent applicable, by the |
|
laws regulating a proceeding under an execution issued by a |
|
district court. |
|
SECTION 6.035. Section 1101.001(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 9, |
|
Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) The application must be sworn to by the applicant and |
|
state: |
|
(1) the proposed ward's name, sex, date of birth, and |
|
address; |
|
(2) the name, relationship, and address of the person |
|
the applicant seeks to have appointed as guardian; |
|
(3) whether guardianship of the person or estate, or |
|
both, is sought; |
|
(4) the nature and degree of the alleged incapacity, |
|
the specific areas of protection and assistance requested, and the |
|
limitation or termination of rights requested to be included in the |
|
court's order of appointment, including a termination of: |
|
(A) the right of a proposed ward who is 18 years |
|
of age or older to vote in a public election; and |
|
(B) the proposed ward's eligibility to hold or |
|
obtain a license to operate a motor vehicle under Chapter 521, |
|
Transportation Code; |
|
(5) the facts requiring the appointment of a guardian; |
|
(6) the interest of the applicant in the appointment |
|
of a guardian; |
|
(7) the nature and description of any kind of |
|
guardianship existing for the proposed ward in any other state; |
|
(8) the name and address of any person or institution |
|
having the care and custody of the proposed ward; |
|
(9) the approximate value and description of the |
|
proposed ward's property, including any compensation, pension, |
|
insurance, or allowance to which the proposed ward may be entitled; |
|
(10) the name and address of any person whom the |
|
applicant knows to hold a power of attorney signed by the proposed |
|
ward and a description of the type of power of attorney; |
|
(11) for a proposed ward who is a minor, the following |
|
information if known by the applicant: |
|
(A) the name of each of the proposed ward's |
|
parents and either the parent's address or that the parent is |
|
deceased; |
|
(B) the name and age of each of the proposed |
|
ward's siblings, if any, and either the sibling's address or that |
|
the sibling is deceased; and |
|
(C) if each of the proposed ward's parents and |
|
adult siblings are deceased, the names and addresses of the |
|
proposed ward's other living relatives who are related to the |
|
proposed ward within the third degree by consanguinity and [next of
|
|
kin] who are adults; |
|
(12) for a proposed ward who is a minor, whether the |
|
minor was the subject of a legal or conservatorship proceeding in |
|
the preceding two years and, if so: |
|
(A) the court involved; |
|
(B) the nature of the proceeding; and |
|
(C) any final disposition of the proceeding; |
|
(13) for a proposed ward who is an adult, the following |
|
information if known by the applicant: |
|
(A) the name of the proposed ward's spouse, if |
|
any, and either the spouse's address or that the spouse is deceased; |
|
(B) the name of each of the proposed ward's |
|
parents and either the parent's address or that the parent is |
|
deceased; |
|
(C) the name and age of each of the proposed |
|
ward's siblings, if any, and either the sibling's address or that |
|
the sibling is deceased; |
|
(D) the name and age of each of the proposed |
|
ward's children, if any, and either the child's address or that the |
|
child is deceased; and |
|
(E) if there is no living spouse, parent, adult |
|
sibling, or adult child of the proposed ward, the names and |
|
addresses of the proposed ward's other living relatives who are |
|
related to the proposed ward within the third degree by |
|
consanguinity and [next of kin] who are adults; |
|
(14) facts showing that the court has venue of the |
|
proceeding; and |
|
(15) if applicable, that the person whom the applicant |
|
seeks to have appointed as a guardian is a private professional |
|
guardian who is certified under Subchapter C, Chapter 111, |
|
Government Code, and has complied with the requirements of |
|
Subchapter G, Chapter 1104. |
|
SECTION 6.036. Section 1101.104, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 22, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1101.104. EXAMINATIONS AND DOCUMENTATION REGARDING |
|
MENTAL RETARDATION. If mental retardation is the basis of the |
|
proposed ward's alleged incapacity, the court may not grant an |
|
application to create a guardianship for the proposed ward unless |
|
the applicant presents to the court a written letter or certificate |
|
that: |
|
(1) [a written letter or certificate that:
|
|
[(A)] complies with Sections 1101.103(a) and |
|
(b); [and
|
|
[(B)
states that the physician has made a
|
|
determination of mental retardation in accordance with Section
|
|
593.005, Health and Safety Code;] or |
|
(2) shows that [both]: |
|
(A) [written documentation showing that,] not |
|
earlier than 24 months before the hearing date, the proposed ward |
|
has been examined by a physician or psychologist licensed in this |
|
state or certified by the Department of Aging and Disability |
|
Services to perform the examination, in accordance with rules of |
|
the executive commissioner of the Health and Human Services |
|
Commission governing examinations of that kind; and |
|
(B) the physician's or psychologist's written |
|
findings and recommendations to the court include[, including] a |
|
statement as to whether the physician or psychologist has made a |
|
determination of mental retardation in accordance with Section |
|
593.005, Health and Safety Code. |
|
SECTION 6.037. Section 1103.002, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 21, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1103.002. APPOINTMENT OF CONSERVATOR AS GUARDIAN |
|
WITHOUT HEARING. (a) Notwithstanding any other law, if the |
|
applicant who files an application under Section 1101.001 or |
|
1103.001 is a person who was appointed conservator of a disabled |
|
child and the proceeding is a guardianship proceeding described by |
|
Section 1002.015(1) in which the proposed ward is the incapacitated |
|
adult with respect to whom another court obtained continuing, |
|
exclusive jurisdiction in a suit affecting the parent-child |
|
relationship when the person was a child [for whom a court obtains
|
|
jurisdiction under Section 606(k)], the applicant may present to |
|
the court a written letter or certificate that meets the |
|
requirements of Sections 1101.103(a) and (b). |
|
(b) If, on receipt of the letter or certificate described by |
|
Subsection (a), the court is able to make the findings required by |
|
Section 1101.101, the court, notwithstanding Subchapter C, Chapter |
|
1104, shall: |
|
(1) appoint the conservator as guardian without |
|
conducting a hearing; and |
|
(2) to the extent possible preserve the terms of |
|
possession and access to the ward that applied before the court |
|
obtained jurisdiction of the guardianship proceeding [under
|
|
Section 606(k)]. |
|
SECTION 6.038. Section 1104.254, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 10, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to |
|
read as follows: |
|
Sec. 1104.254. EXCEPTION FOR CERTAIN VOLUNTEERS. An |
|
individual volunteering with a guardianship program or with the |
|
Department of Aging and Disability Services is not required to be |
|
certified as provided by Section 1104.251 to provide guardianship |
|
services or other services under Section 161.114, Human Resources |
|
Code, on the program's or the department's behalf. |
|
SECTION 6.039. Section 1104.352, Estates Code, as effective |
|
January 1, 2014, is amended to more closely conform to the source |
|
law from which the section was derived to read as follows: |
|
Sec. 1104.352. UNSUITABILITY. A person may not be |
|
appointed guardian if the person is a person, institution, or |
|
corporation found by the court [finds the person] to be unsuitable. |
|
SECTION 6.040. Section 1151.053(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 26, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) A guardian of a person younger than 18 [16] years of age |
|
may voluntarily admit the ward [an incapacitated person] to a |
|
public or private inpatient psychiatric facility for care and |
|
treatment. |
|
SECTION 6.041. Section 1154.051(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 23, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) Not later than the 30th day after the date the guardian |
|
of the estate qualifies, unless a longer period is granted by the |
|
court, the guardian shall file with the court clerk a single written |
|
instrument that contains a verified, full, and detailed inventory |
|
of all the ward's property that has come into the guardian's |
|
possession or of which the guardian has knowledge. The inventory |
|
must: |
|
(1) include: |
|
(A) all the ward's real property located in this |
|
state; and |
|
(B) all the ward's personal property regardless |
|
of where the property is located; and |
|
(2) specify: |
|
(A) which portion of the property is separate |
|
property and which is community property; and |
|
(B) if the property is owned in common with other |
|
persons, the ward's interest in that property [and the names and
|
|
relationship, if known, of the co-owners]. |
|
SECTION 6.042. Section 1154.052, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 24, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1154.052. LIST OF CLAIMS. The guardian of the estate |
|
shall make and attach to the inventory and appraisement required by |
|
Section 1154.051 a complete list of claims due or owing to the ward. |
|
The list of claims must state: |
|
(1) the name and, if known, address of each person |
|
indebted to the ward; and |
|
(2) regarding each claim: |
|
(A) the nature of the debt, whether it is a note, |
|
bill, bond, or other written obligation, or whether it is an account |
|
or verbal contract; |
|
(B) the date the debt was incurred; |
|
(C) the date the debt was or is due; |
|
(D) the amount of the claim, the rate of interest |
|
on the claim, and the period for which the claim bears interest; and |
|
(E) if any portion of the claim is held in common |
|
with others, the interest of the estate in the claim [and the names
|
|
and relationships of the other part owners]. |
|
SECTION 6.043. Section 1155.101, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 19, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1155.101. REIMBURSEMENT OF EXPENSES IN GENERAL. A |
|
guardian is entitled to reimbursement from the guardianship estate |
|
for all necessary and reasonable expenses incurred in performing |
|
any duty as a guardian, including reimbursement for the payment of |
|
reasonable attorney's fees necessarily incurred by the guardian in |
|
connection with the management of the estate or any other |
|
[guardianship] matter in the guardianship. |
|
SECTION 6.044. The heading to Section 1155.151, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Chapter |
|
1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, |
|
2011, to read as follows: |
|
Sec. 1155.151. COST OF GUARDIANSHIP PROCEEDING [IN
|
|
GUARDIANSHIP MATTER]. |
|
SECTION 6.045. Section 1155.151(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 20, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, and to more closely conform to the source law from |
|
which the section was derived to read as follows: |
|
(a) Except as provided by Subsection (b), in a guardianship |
|
proceeding, the cost of the proceeding [in a guardianship matter], |
|
including the cost of the guardian ad litem or court visitor, shall |
|
be paid out of the guardianship estate, or the cost of the |
|
proceeding shall be paid out of the county treasury if the estate is |
|
insufficient to pay the cost, and the court shall issue the judgment |
|
accordingly. |
|
SECTION 6.046. Section 1155.201(1), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 8, |
|
Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(1) "Applied income" means the portion of the earned |
|
and unearned income of a recipient of medical assistance, or if |
|
applicable the recipient and the recipient's spouse, that is paid |
|
under the medical assistance program to an institution or long-term |
|
care facility [a nursing home] in which the recipient resides. |
|
SECTION 6.047. Section 1155.202, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 8, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to |
|
read as follows: |
|
Sec. 1155.202. COMPENSATION AND COSTS PAYABLE UNDER MEDICAL |
|
ASSISTANCE PROGRAM. (a) Notwithstanding any other provision of |
|
this title and to the extent permitted by federal law, a court that |
|
appoints a guardian for a recipient of medical assistance who has |
|
applied income may order the following to be deducted as an |
|
additional personal needs allowance in the computation of the |
|
recipient's applied income in accordance with Section 32.02451, |
|
Human Resources Code [paid under the medical assistance program]: |
|
(1) compensation to the guardian in an amount not to |
|
exceed $175 per month; |
|
(2) costs directly related to establishing or |
|
terminating the guardianship, not to exceed $1,000 except as |
|
provided by Subsection (b); and |
|
(3) other administrative costs related to the |
|
guardianship, not to exceed $1,000 during any three-year period. |
|
(b) Costs ordered to be deducted [paid] under Subsection |
|
(a)(2) may include compensation and expenses for an attorney ad |
|
litem or guardian ad litem and reasonable attorney's fees for an |
|
attorney representing the guardian. The costs ordered to be paid |
|
may exceed $1,000 if the costs in excess of that amount are |
|
supported by documentation acceptable to the court and the costs |
|
are approved by the court. |
|
(c) A court may not order: |
|
(1) that the deduction for compensation and costs |
|
under Subsection (a) take effect before the later of: |
|
(A) the month in which the court order issued |
|
under that subsection is signed; or |
|
(B) the first month of medical assistance |
|
eligibility for which the recipient is subject to a copayment; or |
|
(2) a deduction for services provided before the |
|
effective date of the deduction as provided by Subdivision (1). |
|
SECTION 6.048. The heading to Chapter 1162, Estates Code, |
|
as effective January 1, 2014, is amended to conform to Section 27, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
CHAPTER 1162. TAX-MOTIVATED, [AND] CHARITABLE, [AND] NONPROFIT, |
|
AND OTHER GIFTS |
|
SECTION 6.049. The heading to Subchapter A, Chapter 1162, |
|
Estates Code, as effective January 1, 2014, is amended to conform to |
|
Section 28, Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, |
|
Regular Session, 2011, to read as follows: |
|
SUBCHAPTER A. CERTAIN [TAX-MOTIVATED] GIFTS AND TRANSFERS |
|
SECTION 6.050. Section 1162.001, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 29, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1162.001. AUTHORITY TO ESTABLISH ESTATE OR OTHER |
|
TRANSFER PLAN. On application of the guardian of the estate or any |
|
interested person [party], after the posting of notice and hearing, |
|
and on a showing that the ward will probably remain incapacitated |
|
during the ward's lifetime, the court may enter an order that |
|
authorizes the guardian to apply the principal or income of the |
|
ward's estate that is not required for the support of the ward or |
|
the ward's family during the ward's lifetime toward the |
|
establishment of an estate plan for the purpose of minimizing |
|
income, estate, inheritance, or other taxes payable out of the |
|
ward's estate, or to transfer a portion of the ward's estate as |
|
necessary to qualify the ward for government benefits and only to |
|
the extent allowed by applicable state or federal laws, including |
|
rules, regarding those benefits. On the ward's behalf, the court |
|
may authorize the guardian to make gifts or transfers described by |
|
this section, outright or in trust, of the ward's [personal] |
|
property [or real estate] to or for the benefit of: |
|
(1) an organization to which charitable contributions |
|
may be made under the Internal Revenue Code of 1986 and in which it |
|
is shown the ward would reasonably have an interest; |
|
(2) the ward's spouse, descendant, or other person |
|
related to the ward by blood or marriage who is identifiable at the |
|
time of the order; |
|
(3) a devisee under the ward's last validly executed |
|
will, trust, or other beneficial instrument, if the instrument |
|
exists; and |
|
(4) a person serving as guardian of the ward, if the |
|
person is eligible under Subdivision (2) or (3). |
|
SECTION 6.051. Section 1162.002, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 29, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1162.002. ESTATE OR OTHER TRANSFER PLAN: CONTENTS AND |
|
MODIFICATION. (a) The person making an application to the court |
|
under Section 1162.001 shall: |
|
(1) outline the proposed estate or other transfer |
|
plan; and |
|
(2) state all the benefits that are to be derived from |
|
the [estate] plan. |
|
(b) The application must indicate that the planned |
|
disposition is consistent with the ward's intentions, if the ward's |
|
intentions can be ascertained. If the ward's intentions cannot be |
|
ascertained, the ward will be presumed to favor reduction in the |
|
incidence of the various forms of taxation, the qualification for |
|
government benefits, and the partial distribution of the ward's |
|
estate as provided by Sections 1162.001 and 1162.004. |
|
(c) A subsequent modification of an approved [estate] plan |
|
may be made by similar application to the court. |
|
SECTION 6.052. The heading to Section 1162.003, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Chapter |
|
1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, |
|
2011, to read as follows: |
|
Sec. 1162.003. NOTICE OF APPLICATION FOR ESTABLISHMENT OF |
|
ESTATE OR OTHER TRANSFER PLAN. |
|
SECTION 6.053. Section 1203.051, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 11, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to |
|
read as follows: |
|
Sec. 1203.051. REMOVAL WITHOUT NOTICE; APPOINTMENT OF |
|
GUARDIAN AD LITEM AND ATTORNEY AD LITEM. (a) The court, on the |
|
court's own motion or on the motion of an interested person, |
|
including the ward, and without notice, may remove a guardian |
|
appointed under this title who: |
|
(1) neglects to qualify in the manner and time |
|
required by law; |
|
(2) fails to return, not later than the 30th day after |
|
the date the guardian qualifies, an inventory of the guardianship |
|
estate property and a list of claims that have come to the |
|
guardian's knowledge, unless that deadline is extended by court |
|
order; |
|
(3) if required, fails to give a new bond within the |
|
period prescribed; |
|
(4) is absent from the state for a consecutive period |
|
of three or more months without the court's permission, or removes |
|
from the state; |
|
(5) cannot be served with notices or other processes |
|
because: |
|
(A) the guardian's whereabouts are unknown; |
|
(B) the guardian is eluding service; or |
|
(C) the guardian is a nonresident of this state |
|
who does not have a resident agent to accept service of process in |
|
any guardianship proceeding or other matter relating to the |
|
guardianship; |
|
(6) subject to Section 1203.056(a): |
|
(A) has misapplied, embezzled, or removed from |
|
the state, or is about to misapply, embezzle, or remove from the |
|
state, any of the property entrusted to the guardian's care; or |
|
(B) has engaged in conduct with respect to the |
|
ward that would be considered to be abuse, neglect, or |
|
exploitation, as those terms are defined by Section 48.002, Human |
|
Resources Code, if engaged in with respect to an elderly or disabled |
|
person, as defined by that section [neglected or cruelly treated a
|
|
ward]; or |
|
(7) has neglected to educate or maintain the ward as |
|
liberally as the means of the ward and the condition of the ward's |
|
estate permit. |
|
(b) In a proceeding to remove a guardian under Subsection |
|
(a)(6) or (7), the court shall appoint a guardian ad litem as |
|
provided by Subchapter B, Chapter 1054, and an attorney ad litem. |
|
The attorney ad litem has the duties prescribed by Section |
|
1054.004. In the interest of judicial economy, the court may |
|
appoint the same person as guardian ad litem and attorney ad litem |
|
unless a conflict exists between the interests to be represented by |
|
the guardian ad litem and attorney ad litem. |
|
SECTION 6.054. Section 1203.052(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 11, |
|
Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) The court may remove a guardian on the court's own |
|
motion, or on the complaint of an interested person, after the |
|
guardian has been cited by personal service to answer at a time and |
|
place set in the notice, if: |
|
(1) sufficient grounds appear to support a belief that |
|
the guardian has misapplied, embezzled, or removed from the state, |
|
or is about to misapply, embezzle, or remove from the state, any of |
|
the property entrusted to the guardian's care; |
|
(2) the guardian fails to return any account or report |
|
that is required by law to be made; |
|
(3) the guardian fails to obey a proper order of the |
|
court that has jurisdiction with respect to the performance of the |
|
guardian's duties; |
|
(4) the guardian is proved to have been guilty of gross |
|
misconduct or mismanagement in the performance of the guardian's |
|
duties; |
|
(5) the guardian: |
|
(A) becomes incapacitated; |
|
(B) is sentenced to the penitentiary; or |
|
(C) from any other cause, becomes incapable of |
|
properly performing the duties of the guardian's trust; |
|
(6) the guardian has engaged in conduct with respect |
|
to the ward that would be considered to be abuse, neglect, or |
|
exploitation, as those terms are defined by Section 48.002, Human |
|
Resources Code, if engaged in with respect to an elderly or disabled |
|
person, as defined by that section [neglects or cruelly treats the
|
|
ward]; |
|
(7) the guardian neglects to educate or maintain the |
|
ward as liberally as the means of the ward's estate and the ward's |
|
ability or condition permit; |
|
(8) the guardian interferes with the ward's progress |
|
or participation in programs in the community; |
|
(9) the guardian fails to comply with the requirements |
|
of Subchapter G, Chapter 1104; |
|
(10) the court determines that, because of the |
|
dissolution of the joint guardians' marriage, the termination of |
|
the guardians' joint appointment and the continuation of only one |
|
of the joint guardians as the sole guardian is in the best interest |
|
of the ward; or |
|
(11) the guardian would be ineligible for appointment |
|
as a guardian under Subchapter H, Chapter 1104. |
|
SECTION 6.055. Subchapter B, Chapter 1203, Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 1, |
|
Chapter 1218 (S.B. 481), Acts of the 82nd Legislature, Regular |
|
Session, 2011, by adding Section 1203.0531 to read as follows: |
|
Sec. 1203.0531. NOTICE OF REMOVAL ORDER. The court clerk |
|
shall issue notice of an order rendered by the court removing a |
|
guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7). |
|
The notice must: |
|
(1) state the names of the ward and the removed |
|
guardian; |
|
(2) state the date the court signed the order of |
|
removal; |
|
(3) contain the following statement printed in |
|
12-point bold font: |
|
"If you have been removed from serving as guardian under |
|
Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right |
|
to contest the order of removal by filing an application with the |
|
court for a hearing under Section 1203.056, Estates Code, to |
|
determine whether you should be reinstated as guardian. The |
|
application must be filed not later than the 30th day after the date |
|
the court signed the order of removal."; |
|
(4) contain as an attachment a copy of the order of |
|
removal; and |
|
(5) be personally served on the removed guardian not |
|
later than the seventh day after the date the court signed the order |
|
of removal. |
|
SECTION 6.056. Sections 1203.056(a), (b), and (e), Estates |
|
Code, as effective January 1, 2014, are amended to conform to |
|
Section 11, Chapter 599 (S.B. 220), and Section 2, Chapter 1218 |
|
(S.B. 481), Acts of the 82nd Legislature, Regular Session, 2011, to |
|
read as follows: |
|
(a) The court may remove a guardian under Section |
|
1203.051(a)(6)(A) [1203.051(6)(A)] or (B) only on the presentation |
|
of clear and convincing evidence given under oath. |
|
(b) Not later than the 30th [10th] day after the date the |
|
court signs the order of removal, a guardian who is removed under |
|
Section 1203.051(a)(6)(A) [1203.051(6)(A)] or (B) may file an |
|
application with the court for a hearing to determine whether the |
|
guardian should be reinstated. |
|
(e) The court shall hold a hearing on an application for |
|
reinstatement under this section as soon as practicable after the |
|
application is filed, but not later than the 60th day after the date |
|
the court signed the order of removal. If, at the conclusion of the |
|
[a] hearing [under this section], the court is satisfied by a |
|
preponderance of the evidence that the applicant did not engage in |
|
the conduct that directly led to the applicant's removal, the court |
|
shall: |
|
(1) set aside any order appointing a successor |
|
guardian; and |
|
(2) enter an order reinstating the applicant as |
|
guardian of the ward or estate. |
|
SECTION 6.057. The heading to Section 1203.102, Estates |
|
Code, as effective January 1, 2014, is amended to conform to Section |
|
11, Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
Sec. 1203.102. APPOINTMENT BECAUSE OF RESIGNATION, |
|
REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT. |
|
SECTION 6.058. Section 1203.102, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 11, Chapter 599 |
|
(S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by |
|
amending Subsection (b) and adding Subsections (c) and (d) to read |
|
as follows: |
|
(b) The court may appoint a successor guardian under this |
|
section without citation or notice if the court finds that a |
|
necessity exists for the immediate appointment. Subject to an |
|
order of the court, a successor guardian has the rights and powers |
|
of the removed guardian. |
|
(c) The appointment of a successor guardian under |
|
Subsection (b) does not preclude an interested person from filing |
|
an application to be appointed guardian of the ward for whom the |
|
successor guardian was appointed. The court shall hold a hearing on |
|
an application filed under the circumstances described by this |
|
subsection. At the conclusion of the hearing, the court may set |
|
aside the appointment of the successor guardian and appoint the |
|
applicant as the ward's guardian if the applicant is not |
|
disqualified and after considering the requirements of Subchapter B |
|
or C, Chapter 1104, as applicable. |
|
(d) If the court sets aside the appointment of the successor |
|
guardian under this section, the court may require the successor |
|
guardian to prepare and file, under oath, an accounting of the |
|
estate and to detail the disposition the successor has made of the |
|
estate property. |
|
SECTION 6.059. Sections 1204.001(b) and (e), Estates Code, |
|
as effective January 1, 2014, are amended to conform to Section 25, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) A guardianship of the estate of a ward shall be settled |
|
when: |
|
(1) the ward dies; |
|
(2) a minor ward becomes an adult by: |
|
(A) becoming 18 years of age; |
|
(B) removal of disabilities of minority |
|
according to the law of this state; or |
|
(C) marriage; |
|
(3) an incapacitated ward is decreed as provided by |
|
law to have been restored to full legal capacity; |
|
(4) the spouse of a married ward has qualified as |
|
survivor in community and the ward does not own separate property; |
|
(5) the ward's estate is exhausted; |
|
(6) the foreseeable income accruing to the ward or to |
|
the ward's estate is so negligible that maintaining the |
|
guardianship in force would be burdensome; |
|
(7) all of the assets of the estate have been placed in |
|
a management trust under Chapter 1301 or have been transferred to a |
|
pooled trust subaccount in accordance with a court order issued as |
|
provided by Chapter 1302, and the court determines that a |
|
guardianship of [for] the ward's estate [ward] is no longer |
|
necessary; or |
|
(8) the court determines for any other reason that a |
|
guardianship for the ward is no longer necessary. |
|
(e) In the settlement of a guardianship of the estate, the |
|
court may appoint an attorney ad litem to represent the ward's |
|
interests and may allow the attorney ad litem reasonable |
|
compensation to be taxed as costs [for services provided by the
|
|
attorney out of the ward's estate]. |
|
SECTION 6.060. Section 1301.051, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 30, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1301.051. ELIGIBILITY TO APPLY FOR CREATION OF TRUST. |
|
The following persons may apply for the creation of a trust under |
|
this subchapter: |
|
(1) the guardian of a ward; |
|
(2) an attorney ad litem or guardian ad litem |
|
appointed to represent a ward or the ward's interests; |
|
(3) a person interested in the welfare of an alleged |
|
incapacitated person who does not have a guardian [of the estate]; |
|
[or] |
|
(4) an attorney ad litem or guardian ad litem |
|
appointed to represent[:
|
|
[(A)] an alleged incapacitated person who does |
|
not have a guardian; or |
|
(5) a person who has only a physical disability |
|
[(B) the interests of a person described by Paragraph (A)]. |
|
SECTION 6.061. Section 1301.052(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform a reference to a |
|
redesignation made by Section 6.015(c) of this Act to read as |
|
follows: |
|
(b) If a proceeding for the appointment of a guardian for an |
|
alleged incapacitated person is not pending on the date an |
|
application is filed for the creation of a trust under Section |
|
1301.054 for the person, venue for a proceeding to create a trust |
|
must be determined in the same manner as venue for a proceeding for |
|
the appointment of a guardian is determined under Section 1023.001 |
|
[610]. |
|
SECTION 6.062. Section 1301.053, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 30, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1301.053. CREATION OF TRUST [FOR WARD]. (a) On |
|
application by an appropriate person as provided by Section |
|
1301.051 and subject to Section 1301.054(a), if applicable, the |
|
court with jurisdiction over the proceedings [a guardianship] may |
|
enter an order that creates [for the ward's benefit] a trust for the |
|
management of the [guardianship] funds of the person with respect |
|
to whom the application is filed if the court finds that the |
|
creation of the trust is in the person's [ward's] best interests. |
|
(b) The court may [shall] maintain a trust created under |
|
this section under the same cause number as the guardianship |
|
proceeding, if the person for whom the trust is created is a ward or |
|
proposed ward. |
|
SECTION 6.063. Section 1301.054(d), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 30, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(d) The court may [shall] maintain a trust created under |
|
this section under the same cause number as the guardianship |
|
proceeding, if the person for whom the trust is created is a ward or |
|
proposed ward [applicable]. |
|
SECTION 6.064. Section 1301.056, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 30, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
and to more closely conform to the source law from which the section |
|
was derived to read as follows: |
|
Sec. 1301.056. CONTENTS OF ORDER CREATING TRUST. An order |
|
creating a management trust must: |
|
(1) direct any [a] person or entity holding property |
|
that belongs to the [ward or incapacitated] person[, as
|
|
applicable,] for whom the trust is created or to which that [the
|
|
ward or incapacitated] person is entitled[,] to deliver all or part |
|
of that property to a person or [the] corporate fiduciary [or other
|
|
person] appointed as trustee of the trust; and |
|
(2) include terms and limitations placed on the trust. |
|
SECTION 6.065. Section 1301.057(c), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 30, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(c) The court may appoint a person or entity described by |
|
Subsection (d) to serve as trustee of a management trust instead of |
|
appointing a financial institution to serve in that capacity if the |
|
court finds: |
|
(1) that the appointment is in the best interests of |
|
the [ward or incapacitated] person for whom the trust is created; |
|
and |
|
(2) if the value of the trust's principal is more than |
|
$150,000, that the applicant for the creation of the trust, after |
|
the exercise of due diligence, has been unable to find a financial |
|
institution in the geographic area willing to serve as trustee. |
|
SECTION 6.066. Section 1301.101, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 31, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1301.101. REQUIRED TERMS. (a) Except as provided by |
|
Subsection (c), a management trust must provide that: |
|
(1) the ward, [or] incapacitated person, or person who |
|
has only a physical disability for whom the trust is created is the |
|
sole beneficiary of the trust; |
|
(2) the trustee may disburse an amount of the trust's |
|
principal or income as the trustee determines is necessary to spend |
|
for the health, education, maintenance, or support of the [ward or
|
|
incapacitated] person for whom the trust is created; |
|
(3) the trust income that the trustee does not |
|
disburse under Subdivision (2) must be added to the trust |
|
principal; |
|
(4) a trustee that is a corporate fiduciary serves |
|
without giving a bond; and |
|
(5) subject to the court's approval and Subsection |
|
(b), the trustee is entitled to receive reasonable compensation for |
|
services the trustee provides to the [ward or incapacitated] person |
|
for whom the trust is created as the person's trustee. |
|
(b) A trustee's compensation under Subsection (a)(5) must |
|
be: |
|
(1) paid from the management trust's income, |
|
principal, or both; and |
|
(2) determined, paid, reduced, and eliminated in the |
|
same manner as compensation of a guardian [of an estate] under |
|
Subchapter A, Chapter 1155. |
|
(c) The court creating or modifying a management trust may |
|
omit or modify terms required by Subsection (a)(1) or (2) only if |
|
the court determines that the omission or modification: |
|
(1) is necessary and appropriate for the [ward or
|
|
incapacitated] person for whom the trust is created to be eligible |
|
to receive public benefits or assistance under a state or federal |
|
program that is not otherwise available to the [ward or
|
|
incapacitated] person; and |
|
(2) is in the [ward's or incapacitated person's] best |
|
interests of the person for whom the trust is created. |
|
SECTION 6.067. Section 1301.102(a), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 31, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) A management trust may provide that the trustee make a |
|
distribution, payment, use, or application of trust funds for the |
|
health, education, maintenance, or support of the [ward or
|
|
incapacitated] person for whom the trust is created or of another |
|
person whom the [ward or incapacitated] person for whom the trust is |
|
created is legally obligated to support: |
|
(1) as necessary and without the intervention of: |
|
(A) a guardian or other representative of the |
|
ward; or |
|
(B) a representative of the incapacitated person |
|
or person who has only a physical disability; and |
|
(2) to: |
|
(A) the ward's guardian; |
|
(B) a person who has physical custody of the |
|
[ward or incapacitated] person for whom the trust is created or of |
|
another person whom the [ward or incapacitated] person for whom the |
|
trust is created is legally obligated to support; or |
|
(C) a person providing a good or service to the |
|
[ward or incapacitated] person for whom the trust is created or to |
|
another person whom the [ward or incapacitated] person for whom the |
|
trust is created is legally obligated to support. |
|
SECTION 6.068. Subchapter D, Chapter 1301, Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 35, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, by adding Section 1301.1535 to read as follows: |
|
Sec. 1301.1535. INITIAL ACCOUNTING BY CERTAIN TRUSTEES |
|
REQUIRED. (a) This section applies only to a trustee of a |
|
management trust created for a person for whom a guardianship |
|
proceeding is pending on the date the trust is created. |
|
(b) Not later than the 30th day after the date a trustee to |
|
which this section applies receives property into the trust, the |
|
trustee shall file with the court in which the guardianship |
|
proceeding is pending a report describing all property held in the |
|
trust on the date of the report and specifying the value of the |
|
property on that date. |
|
SECTION 6.069. Section 1301.154, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 36, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
by amending Subsection (a) and adding Subsection (d) to read as |
|
follows: |
|
(a) Except as provided by Subsection (d), the [The] trustee |
|
of a management trust shall prepare and file with the court an |
|
annual accounting of transactions in the trust in the same manner |
|
and form that is required of a guardian under this title. |
|
(d) The court may not require a trustee of a trust created |
|
for a person who has only a physical disability to prepare and file |
|
with the court the annual accounting as described by Subsection |
|
(a). |
|
SECTION 6.070. Section 1301.201(b), Estates Code, as |
|
effective January 1, 2014, is amended to conform to Section 33, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(b) The following may not revoke a management trust: |
|
(1) the ward for whom the trust is created or the |
|
guardian of the ward's estate; [or] |
|
(2) the incapacitated person for whom the trust is |
|
created; or |
|
(3) the person who has only a physical disability for |
|
whom the trust is created. |
|
SECTION 6.071. Sections 1301.202(a) and (b), Estates Code, |
|
as effective January 1, 2014, are amended to conform to Section 32, |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
(a) If the court determines that it is in the best interests |
|
of the [a ward or incapacitated] person for whom a management trust |
|
is created, the court may order the transfer of all property in the |
|
management trust to a pooled trust subaccount established in |
|
accordance with Chapter 1302. |
|
(b) The transfer of property from the management trust to |
|
the pooled trust subaccount shall be treated as a continuation of |
|
the management trust and may not be treated as the establishment of |
|
a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) |
|
or otherwise for purposes of the management trust beneficiary's |
|
[ward's or incapacitated person's] eligibility for medical |
|
assistance under Chapter 32, Human Resources Code. |
|
SECTION 6.072. Section 1301.203, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 34, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1301.203. TERMINATION OF TRUST. (a) If the [ward or
|
|
incapacitated] person for whom a management trust is created is a |
|
minor, the trust terminates on: |
|
(1) the earlier of: |
|
(A) the [ward's or incapacitated] person's death; |
|
or |
|
(B) the [ward's or incapacitated] person's 18th |
|
birthday; or |
|
(2) the date provided by court order, which may not be |
|
later than the [ward's or incapacitated] person's 25th birthday. |
|
(b) If the [ward or incapacitated] person for whom a |
|
management trust is created is not a minor, the trust terminates |
|
[on]: |
|
(1) according to the terms of the trust; |
|
(2) on the date the court determines that continuing |
|
the trust is no longer in the [ward's or incapacitated] person's |
|
best interests, subject to Section 1301.202(c); or |
|
(3) on [(2)] the [ward's or incapacitated] person's |
|
death. |
|
SECTION 6.073. Section 1301.204, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 37, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1301.204. DISTRIBUTION OF TRUST PROPERTY. (a) Unless |
|
otherwise provided by the court and except as provided by |
|
Subsection (b), the trustee of a management trust shall: |
|
(1) prepare a final account in the same form and manner |
|
that is required of a guardian under Sections 1204.101 and |
|
1204.102; and |
|
(2) on court approval, distribute the principal or any |
|
undistributed income of the trust to: |
|
(A) the ward or incapacitated person when the |
|
trust terminates on the trust's own terms; |
|
(B) the successor trustee on appointment of a |
|
successor trustee; or |
|
(C) the representative of the deceased ward's or |
|
incapacitated person's estate on the ward's or incapacitated |
|
person's death. |
|
(b) The court may not require a trustee of a trust created |
|
for a person who has only a physical disability to prepare and file |
|
with the court a final account as described by Subsection (a)(1). |
|
The trustee shall distribute the principal and any undistributed |
|
income of the trust in the manner provided by Subsection (a)(2) for |
|
a trust the beneficiary of which is a ward or incapacitated person. |
|
SECTION 6.074. Section 1302.002, Estates Code, as effective |
|
January 1, 2014, is amended to conform to Section 39, Chapter 1085 |
|
(S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, |
|
to read as follows: |
|
Sec. 1302.002. APPLICATION TO ESTABLISH SUBACCOUNT. The |
|
following persons [A person interested in the welfare of a minor, a
|
|
disabled person, or any other incapacitated person] may apply to |
|
the court for the establishment of a subaccount for the benefit of a |
|
[the] minor[, disabled person,] or other incapacitated person, an |
|
alleged incapacitated person, or a disabled person who is not an |
|
incapacitated person: |
|
(1) the guardian of the incapacitated person; |
|
(2) a person who has filed an application for the |
|
appointment of a guardian for the alleged incapacitated person; |
|
(3) an attorney ad litem or guardian ad litem |
|
appointed to represent: |
|
(A) the incapacitated person who is a ward or |
|
that person's interests; or |
|
(B) the alleged incapacitated person who does not |
|
have a guardian; or |
|
(4) the disabled person [as the beneficiary]. |
|
SECTION 6.075. The heading to Part 2, Subtitle Y, Title 3, |
|
Estates Code, as effective January 1, 2014, is amended to conform to |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
PART 2. GUARDIANSHIP PROCEEDINGS [AND MATTERS] |
|
SECTION 6.076. The heading to Subtitle Z, Title 3, Estates |
|
Code, as effective January 1, 2014, is amended to read as follows: |
|
SUBTITLE Z. TEXAS PROBATE CODE: [;] ADDITIONAL GUARDIANSHIP |
|
PROVISIONS |
|
SECTION 6.077. The heading to Part 2, Subtitle Z, Title 3, |
|
Estates Code, as effective January 1, 2014, is amended to conform to |
|
Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular |
|
Session, 2011, to read as follows: |
|
PART 2. GUARDIANSHIP PROCEEDINGS [AND MATTERS] |
|
SECTION 6.078. (a) Sections 3.01(b) and (c), Chapter 823 |
|
(H.B. 2759), Acts of the 82nd Legislature, Regular Session, 2011, |
|
which transferred to the Estates Code Sections 605, 606, 607, 608, |
|
609, 610, 611, 612, 613, 614, 615, 616, 617, and 618, Texas Probate |
|
Code, are repealed. |
|
(b) Subtitle Y, Title 2, Estates Code, as effective January |
|
1, 2014, is repealed. |
|
(c) Subparts A and B, Part 2, Subtitle Y, Title 3, Estates |
|
Code, as effective January 1, 2014, are repealed. |
|
SECTION 6.079. This article takes effect January 1, 2014. |
|
ARTICLE 7. CHANGES RELATING TO FAMILY CODE |
|
SECTION 7.001. Section 51.03(b), Family Code, as amended by |
|
Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(b) Conduct indicating a need for supervision is: |
|
(1) subject to Subsection (f), conduct, other than a |
|
traffic offense, that violates: |
|
(A) the penal laws of this state of the grade of |
|
misdemeanor that are punishable by fine only; or |
|
(B) the penal ordinances of any political |
|
subdivision of this state; |
|
(2) the absence of a child on 10 or more days or parts |
|
of days within a six-month period in the same school year or on |
|
three or more days or parts of days within a four-week period from |
|
school; |
|
(3) the voluntary absence of a child from the child's |
|
home without the consent of the child's parent or guardian for a |
|
substantial length of time or without intent to return; |
|
(4) conduct prohibited by city ordinance or by state |
|
law involving the inhalation of the fumes or vapors of paint and |
|
other protective coatings or glue and other adhesives and the |
|
volatile chemicals itemized in Section 485.001, Health and Safety |
|
Code; |
|
(5) an act that violates a school district's |
|
previously communicated written standards of student conduct for |
|
which the child has been expelled under Section 37.007(c), |
|
Education Code; |
|
(6) conduct that violates a reasonable and lawful |
|
order of a court entered under Section 264.305; [or] |
|
(7) notwithstanding Subsection (a)(1), conduct |
|
described by Section 43.02(a)(1) or (2), Penal Code; or |
|
(8) [(7)] conduct that violates Section 43.261, Penal |
|
Code. |
|
SECTION 7.002. Section 54.021(a), Family Code, as amended |
|
by Chapters 148 (H.B. 734) and 1098 (S.B. 1489), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(a) The juvenile court may waive its exclusive original |
|
jurisdiction and transfer a child to the constitutional county |
|
court, if the county has a population of 1.75 million or more, or to |
|
an appropriate justice or municipal court, with the permission of |
|
the county, justice, or municipal court, for disposition in the |
|
manner provided by Subsection (b) if the child is 12 years of age or |
|
older and is alleged to have engaged in conduct described in Section |
|
51.03(b)(2). A waiver of jurisdiction under this subsection may be |
|
for an individual case or for all cases in which a child is alleged |
|
to have engaged in conduct described in Section 51.03(b)(2). The |
|
waiver of a juvenile court's exclusive original jurisdiction for |
|
all cases in which a child is alleged to have engaged in conduct |
|
described in Section 51.03(b)(2) is effective for a period of one |
|
year. |
|
SECTION 7.003. Section 58.003(d), Family Code, as amended |
|
by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(d) The court may grant to a child the relief authorized in |
|
Subsection (a), (c-1), [or] (c-3), or (c-5) at any time after final |
|
discharge of the child or after the last official action in the case |
|
if there was no adjudication, subject, if applicable, to Subsection |
|
(e). If the child is referred to the juvenile court for conduct |
|
constituting any offense and at the adjudication hearing the child |
|
is found to be not guilty of each offense alleged, the court shall |
|
immediately and without any additional hearing order the sealing of |
|
all files and records relating to the case. |
|
SECTION 7.004. Section 58.106(a), Family Code, as amended |
|
by Chapters 186 (S.B. 1241), 653 (S.B. 1106), and 1098 (S.B. 1489), |
|
Acts of the 82nd Legislature, Regular Session, 2011, is reenacted |
|
and amended to read as follows: |
|
(a) Except as otherwise provided by this section, |
|
information contained in the juvenile justice information system is |
|
confidential information for the use of the department and may not |
|
be disseminated by the department except: |
|
(1) with the permission of the juvenile offender, to |
|
military personnel of this state or the United States; |
|
(2) to a person or entity to which the department may |
|
grant access to adult criminal history records as provided by |
|
Section 411.083, Government Code; |
|
(3) to a juvenile justice agency; |
|
(4) to the Texas Youth Commission and the Texas |
|
Juvenile Probation Commission for analytical purposes; |
|
(5) to the office of independent ombudsman of the |
|
Texas Youth Commission; and |
|
(6) to a county, justice, or municipal court |
|
exercising jurisdiction over a juvenile, including a court |
|
exercising jurisdiction over a juvenile under Section 54.021. |
|
ARTICLE 8. CHANGES RELATING TO FINANCE CODE |
|
SECTION 8.001. Section 14.2015(a), Finance Code, as amended |
|
by Chapters 1182 (H.B. 3453) and 1302 (H.B. 2594), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(a) Except as provided by Subsection (b), information or |
|
material obtained or compiled by the commissioner in relation to an |
|
examination or investigation by the commissioner or the |
|
commissioner's representative of a license holder, registrant, |
|
applicant, or other person under Subtitle B or C, Title 4, |
|
Subchapter G of Chapter 393, or Chapter 394 is confidential and may |
|
not be disclosed by the commissioner or an officer or employee of |
|
the Office of Consumer Credit Commissioner, including: |
|
(1) information obtained from a license holder, |
|
registrant, applicant, or other person examined or investigated |
|
under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or |
|
Chapter 394; |
|
(2) work performed by the commissioner or the |
|
commissioner's representative on information obtained from a |
|
license holder, registrant, applicant, or other person for the |
|
purposes of an examination or investigation conducted under |
|
Subtitle B or C, Title 4, Chapter 393 with respect to a credit |
|
access business, or Chapter 394; |
|
(3) a report on an examination or investigation of a |
|
license holder, registrant, applicant, or other person conducted |
|
under Subtitle B or C, Title 4, Chapter 393 with respect to a credit |
|
access business, or Chapter 394; and |
|
(4) any written communications between the license |
|
holder, registrant, applicant, or other person, as applicable, and |
|
the commissioner or the commissioner's representative relating to |
|
or referencing an examination or investigation conducted under |
|
Subtitle B or C, Title 4, Chapter 393 with respect to a credit |
|
access business, or Chapter 394. |
|
SECTION 8.002. Section 348.005, Finance Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 348.005. ITEMIZED CHARGE. An amount in a retail |
|
installment contract is an itemized charge if the amount is not |
|
included in the cash price and is the amount of: |
|
(1) fees for registration, certificate of title, and |
|
license and any additional registration fees charged by a full |
|
service deputy under Section 520.008 [502.114], Transportation |
|
Code; |
|
(2) any taxes; |
|
(3) fees or charges prescribed by law and connected |
|
with the sale or inspection of the motor vehicle; and |
|
(4) charges authorized for insurance, service |
|
contracts, warranties, or a debt cancellation agreement by |
|
Subchapter C. |
|
SECTION 8.003. Section 353.006, Finance Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 353.006. ITEMIZED CHARGE. An amount in a retail |
|
installment contract is an itemized charge if the amount is not |
|
included in the cash price and is the amount of: |
|
(1) fees for registration, certificate of title, and |
|
license and any additional registration fees charged by a full |
|
service deputy under Section 520.008 [502.114], Transportation |
|
Code; |
|
(2) any taxes; |
|
(3) fees or charges prescribed by law and connected |
|
with the sale or inspection of the commercial vehicle; |
|
(4) charges authorized for insurance, service |
|
contracts, and warranties by Subchapter C; and |
|
(5) advances or payments authorized under Section |
|
353.402(b) or (c) made by the retail seller to or for the benefit of |
|
the retail buyer. |
|
ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 9.001. Section 411.091(b), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(b) Criminal history record information obtained by the |
|
commission under Subsection (a) [(a)(1)] may be used only for the |
|
enforcement and administration of the Alcoholic Beverage Code. |
|
SECTION 9.002. Section 411.105, Government Code, is amended |
|
to conform to the repeal of Section 901.412, Occupations Code, by |
|
Chapter 315 (H.B. 2144), Acts of the 80th Legislature, Regular |
|
Session, 2007, to read as follows: |
|
Sec. 411.105. ACCESS TO CRIMINAL HISTORY RECORD |
|
INFORMATION: TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY. The Texas |
|
State Board of Public Accountancy is entitled to obtain from the |
|
department criminal history record information maintained by the |
|
department that relates to a person who is: |
|
(1) an applicant for certification as a certified |
|
public accountant under Chapter 901, Occupations Code; or |
|
(2) an applicant to take the uniform CPA examination |
|
under that Act[; or
|
|
[(3)
an applicant to register under Section 901.412,
|
|
Occupations Code]. |
|
SECTION 9.003. Section 411.114(a)(3), Government Code, as |
|
amended by Chapters 598 (S.B. 218), 1056 (S.B. 221), and 1082 (S.B. |
|
1178), Acts of the 82nd Legislature, Regular Session, 2011, is |
|
reenacted and amended to read as follows: |
|
(3) The Department of Family and Protective Services |
|
is entitled to obtain from the department criminal history record |
|
information maintained by the department that relates to a person |
|
who is: |
|
(A) a volunteer or applicant volunteer with a |
|
local affiliate in this state of Big Brothers/Big Sisters of |
|
America; |
|
(B) a volunteer or applicant volunteer with the |
|
"I Have a Dream/Houston" program; |
|
(C) a volunteer or applicant volunteer with an |
|
organization that provides court-appointed special advocates for |
|
abused or neglected children; |
|
(D) a person providing, at the request of the |
|
child's parent, in-home care for a child who is the subject of a |
|
report alleging the child has been abused or neglected; |
|
(E) a volunteer or applicant volunteer with a |
|
Texas chapter of the Make-a-Wish Foundation of America; |
|
(F) a person providing, at the request of the |
|
child's parent, in-home care for a child only if the person gives |
|
written consent to the release and disclosure of the information; |
|
(G) a child who is related to the caretaker, as |
|
determined under Section 42.002, Human Resources Code, and who |
|
resides in or is present in a child-care facility or family home, |
|
other than a child described by Subdivision (2)(C), or any other |
|
person who has unsupervised access to a child in the care of a |
|
child-care facility or family home; |
|
(H) an applicant for a position with the |
|
Department of Family and Protective Services, other than a position |
|
described by Subdivision (2)(D), regardless of the duties of the |
|
position; |
|
(I) a volunteer or applicant volunteer with the |
|
Department of Family and Protective Services, other than a |
|
registered volunteer, regardless of the duties to be performed; |
|
(J) a person providing or applying to provide |
|
in-home, adoptive, or foster care for children to the extent |
|
necessary to comply with Subchapter B, Chapter 162, Family Code; |
|
(K) a Department of Family and Protective |
|
Services employee, other than an employee described by Subdivision |
|
(2)(H), regardless of the duties of the employee's position; |
|
(L) a relative of a child in the care of the |
|
Department of Family and Protective Services, to the extent |
|
necessary to comply with Section 162.007, Family Code; |
|
(M) a person, other than an alleged perpetrator |
|
in a report described in Subdivision (2)(I), living in the |
|
residence in which the alleged victim of the report resides; |
|
(N) a contractor or an employee of a contractor |
|
who delivers services to a ward of the Department of Family and |
|
Protective Services under a contract with the estate of the ward; |
|
(O) a person who seeks unsupervised visits with a |
|
ward of the Department of Family and Protective Services, including |
|
a relative of the ward; |
|
(P) an employee, volunteer, or applicant |
|
volunteer of a children's advocacy center under Subchapter E, |
|
Chapter 264, Family Code, including a member of the governing board |
|
of a center; [or] |
|
(Q) an employee of, an applicant for employment |
|
with, or a volunteer or an applicant volunteer with an entity or |
|
person that contracts with the Department of Family and Protective |
|
Services and has access to confidential information in the |
|
department's records, if the employee, applicant, volunteer, or |
|
applicant volunteer has or will have access to that confidential |
|
information; |
|
(R) [(Q)] an employee of or volunteer at, or an |
|
applicant for employment with or to be a volunteer at, an entity |
|
that provides supervised independent living services to a young |
|
adult receiving extended foster care services from the Department |
|
of Family and Protective Services; or |
|
(S) [(R)] a person 14 years of age or older who |
|
will be regularly or frequently working or staying in a host home |
|
that is providing supervised independent living services to a young |
|
adult receiving extended foster care services from the Department |
|
of Family and Protective Services. |
|
SECTION 9.004. Section 411.135(a), Government Code, is |
|
amended to update a reference to read as follows: |
|
(a) Any person is entitled to obtain from the department: |
|
(1) any information described as public information |
|
under Chapter 62, Code of Criminal Procedure, [as added by Chapter
|
|
668, Acts of the 75th Legislature, Regular Session, 1997,] |
|
including, to the extent available, a recent photograph of each |
|
person subject to registration under that chapter; and |
|
(2) criminal history record information maintained by |
|
the department that relates to the conviction of or a grant of |
|
deferred adjudication to a person for any criminal offense, |
|
including arrest information that relates to the conviction or |
|
grant of deferred adjudication. |
|
SECTION 9.005. The heading to Section 413.016, Government |
|
Code, is amended to read as follows: |
|
Sec. 413.016. [REPORT ON] INMATE RELEASE STATISTICS. |
|
SECTION 9.006. Section 419.907(a), Government Code, is |
|
amended to correct a typographical error to read as follows: |
|
(a) To the extent feasible, the commission, the state fire |
|
marshal, and the Texas Forest Service shall colocate office space |
|
outside of Travis County used for related functions performed |
|
[preformed] by the three entities. |
|
SECTION 9.007. Section 432.068(c), Government Code, is |
|
amended to correct references to read as follows: |
|
(c) A person charged with any offense is not liable to be |
|
tried by court-martial or punished under Section 432.015 [432.021] |
|
if the offense was committed more than two years before the date of |
|
receipt of sworn charges and specifications by an officer |
|
exercising summary court-martial jurisdiction over the command, or |
|
before the imposition of punishment under Section 432.015 |
|
[432.021]. |
|
SECTION 9.008. Section 432.094(c), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(c) The keepers, officers, and wardens of city or county |
|
jails and other jails, penitentiaries, or prisons designated by the |
|
governor or by a person authorized by the governor to act under |
|
Section 432.011 [432.014], shall receive persons ordered into |
|
confinement before trial and persons committed to confinement by a |
|
military court and shall confine them according to law. The keeper, |
|
officer, or warden may not require payment of a fee or charge for |
|
receiving or confining a person. |
|
SECTION 9.009. Section 442.007, Government Code, is amended |
|
to correct a reference to read as follows: |
|
Sec. 442.007. STATE ARCHEOLOGICAL PROGRAM. (a) The |
|
commission, through the state archeologist, shall direct the state |
|
archeological program. |
|
(b) The program must include: |
|
(1) a continuing inventory of nonrenewable |
|
archeological resources; |
|
(2) evaluation of known sites through testing and |
|
excavation; |
|
(3) maintenance of extensive field and laboratory |
|
data, including data on collections of antiquities; |
|
(4) consultation with state agencies and |
|
organizations and local groups concerning archeological and |
|
historical problems; and |
|
(5) publication of the results of the program through |
|
various sources, including a regular series of reports. |
|
(c) The commission may enter into contracts or cooperative |
|
agreements with the federal government, other state agencies, state |
|
or private museums or educational institutions, or qualified |
|
individuals for prehistoric or historic archeological |
|
investigations, surveys, excavations, or restorations in this |
|
state. |
|
(d) The state archeologist has general jurisdiction and |
|
supervision over archeological work, reports, surveys, |
|
excavations, and archeological programs of the commission and of |
|
cooperating state agencies. |
|
(e) The duties of the state archeologist include: |
|
(1) maintaining an inventory of significant historic |
|
or prehistoric sites of archeological or historic interest; |
|
(2) providing public information and education in the |
|
fields of archeology and history; |
|
(3) conducting surveys and excavations with respect to |
|
significant archeological or historic sites in this state; |
|
(4) preparing reports and publications concerning the |
|
work of the office of the state archeologist; |
|
(5) doing cooperative and contract work in prehistoric |
|
and historic archeology with other state agencies, the federal |
|
government, state or private institutions, or individuals; |
|
(6) maintaining and determining the repository of |
|
catalogued collections of artifacts and other materials of |
|
archeological or historic interest; and |
|
(7) preserving the archeological and historical |
|
heritage of this state. |
|
(f) [(e)] The state archeologist shall withhold from |
|
disclosure to the public information relating to the location or |
|
character of archeological or historic resources if the state |
|
archeologist determines that the disclosure of the information may |
|
create a substantial risk of harm, theft, or destruction to the |
|
resources or to the area or place where the resources are located. |
|
SECTION 9.010. Section 499.027(b), Government Code, as |
|
amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted and amended |
|
to read as follows: |
|
(b) An inmate is not eligible under this subchapter to be |
|
considered for release to intensive supervision parole if: |
|
(1) the inmate is awaiting transfer to the |
|
institutional division, or serving a sentence, for an offense for |
|
which the judgment contains an affirmative finding under Section |
|
3g(a)(2), Article 42.12, Code of Criminal Procedure; |
|
(2) the inmate is awaiting transfer to the |
|
institutional division, or serving a sentence, for an offense |
|
listed in one of the following sections of the Penal Code: |
|
(A) Section 19.02 (murder); |
|
(B) Section 19.03 (capital murder); |
|
(C) Section 19.04 (manslaughter); |
|
(D) Section 20.03 (kidnapping); |
|
(E) Section 20.04 (aggravated kidnapping); |
|
(F) Section 21.11 (indecency with a child); |
|
(G) Section 22.011 (sexual assault); |
|
(H) Section 22.02 (aggravated assault); |
|
(I) Section 22.021 (aggravated sexual assault); |
|
(J) Section 22.04 (injury to a child, elderly |
|
individual, or disabled individual); |
|
(K) Section 25.02 (prohibited sexual conduct); |
|
(L) Section 25.08 (sale or purchase of a child); |
|
(M) Section 28.02 (arson); |
|
(N) Section 29.02 (robbery); |
|
(O) Section 29.03 (aggravated robbery); |
|
(P) Section 30.02 (burglary), if the offense is |
|
punished as a first-degree felony under that section; |
|
(Q) Section 43.04 (aggravated promotion of |
|
prostitution); |
|
(R) Section 43.05 (compelling prostitution); |
|
(S) Section 43.24 (sale, distribution, or |
|
display of harmful material to minor); |
|
(T) Section 43.25 (sexual performance by a |
|
child); |
|
(U) Section 46.10 (deadly weapon in penal |
|
institution); |
|
(V) Section 15.01 (criminal attempt), if the |
|
offense attempted is listed in this subsection; |
|
(W) Section 15.02 (criminal conspiracy), if the |
|
offense that is the subject of the conspiracy is listed in this |
|
subsection; |
|
(X) Section 15.03 (criminal solicitation), if |
|
the offense solicited is listed in this subsection; |
|
(Y) Section 21.02 (continuous sexual abuse of |
|
young child or children); [or] |
|
(Z) Section 20A.02 (trafficking of persons); or |
|
(AA) [(Z)] Section 20A.03 (continuous |
|
trafficking of persons); or |
|
(3) the inmate is awaiting transfer to the |
|
institutional division, or serving a sentence, for an offense under |
|
Chapter 481, Health and Safety Code, punishable by a minimum term of |
|
imprisonment or a maximum fine that is greater than the minimum term |
|
of imprisonment or the maximum fine for a first degree felony. |
|
SECTION 9.011. Section 508.149(a), Government Code, as |
|
amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted and amended |
|
to read as follows: |
|
(a) An inmate may not be released to mandatory supervision |
|
if the inmate is serving a sentence for or has been previously |
|
convicted of: |
|
(1) an offense for which the judgment contains an |
|
affirmative finding under Section 3g(a)(2), Article 42.12, Code of |
|
Criminal Procedure; |
|
(2) a first degree felony or a second degree felony |
|
under Section 19.02, Penal Code; |
|
(3) a capital felony under Section 19.03, Penal Code; |
|
(4) a first degree felony or a second degree felony |
|
under Section 20.04, Penal Code; |
|
(5) an offense under Section 21.11, Penal Code; |
|
(6) a felony under Section 22.011, Penal Code; |
|
(7) a first degree felony or a second degree felony |
|
under Section 22.02, Penal Code; |
|
(8) a first degree felony under Section 22.021, Penal |
|
Code; |
|
(9) a first degree felony under Section 22.04, Penal |
|
Code; |
|
(10) a first degree felony under Section 28.02, Penal |
|
Code; |
|
(11) a second degree felony under Section 29.02, Penal |
|
Code; |
|
(12) a first degree felony under Section 29.03, Penal |
|
Code; |
|
(13) a first degree felony under Section 30.02, Penal |
|
Code; |
|
(14) a felony for which the punishment is increased |
|
under Section 481.134 or Section 481.140, Health and Safety Code; |
|
(15) an offense under Section 43.25, Penal Code; |
|
(16) an offense under Section 21.02, Penal Code; |
|
(17) a first degree felony under Section 15.03, Penal |
|
Code; |
|
(18) an offense under Section 43.05, Penal Code; [or] |
|
(19) an offense under Section 20A.02, Penal Code; or |
|
(20) [(18)] an offense under Section 20A.03, Penal |
|
Code. |
|
SECTION 9.012. Section 535.051(b), Government Code, as |
|
amended by Chapters 298 (H.B. 1965) and 1176 (H.B. 3278), Acts of |
|
the 82nd Legislature, Regular Session, 2011, is reenacted and |
|
amended to read as follows: |
|
(b) The chief administrative officer of each of the |
|
following state agencies, in consultation with the governor, shall |
|
designate one employee from the agency to serve as a liaison for |
|
faith- and community-based organizations: |
|
(1) the Texas Department of Rural Affairs; |
|
(2) the Texas Commission on Environmental Quality; |
|
(3) the Texas Department of Criminal Justice; |
|
(4) the Texas Department of Housing and Community |
|
Affairs; |
|
(5) the Texas Juvenile Justice Department [Probation
|
|
Commission]; |
|
(6) the Texas Veterans Commission; |
|
(7) the Texas Workforce Commission; |
|
(8) [the Texas Youth Commission;
|
|
[(10)] the office of the governor; |
|
(9) [(11)] the Department of Public Safety; |
|
(10) [(12)] the Texas Department of Insurance; |
|
(11) [(13)] the Public Utility Commission of Texas; |
|
(12) [(14)] the office of the attorney general; |
|
(13) [(15)] the Department of Agriculture; |
|
(14) [(16)] the office of the comptroller; |
|
(15) [(17)] the Department of Information Resources; |
|
(16) [(18)] the Office of State-Federal Relations; |
|
(17) [(19)] the office of the secretary of state; and |
|
(18) [(20)] other state agencies as determined by the |
|
governor. |
|
SECTION 9.013. Section 551.0415, Government Code, as |
|
amended by Chapters 1007 (H.B. 2313) and 1341 (S.B. 1233), Acts of |
|
the 82nd Legislature, Regular Session, 2011, is reenacted and |
|
amended to read as follows: |
|
Sec. 551.0415. GOVERNING BODY OF MUNICIPALITY OR COUNTY: |
|
REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION |
|
WILL BE TAKEN. (a) Notwithstanding Sections 551.041 and 551.042, |
|
a quorum of the governing body of a municipality or county may |
|
receive from [municipal or county] staff of the political |
|
subdivision and a member of the governing body may make a report |
|
about items of community interest during a meeting of the governing |
|
body without having given notice of the subject of the report as |
|
required by this subchapter if no action is taken and, except as |
|
provided by Section 551.042, possible action is not discussed |
|
regarding the information provided in the report. |
|
(b) For purposes of Subsection (a), "items of community |
|
interest" includes: |
|
(1) expressions of thanks, congratulations, or |
|
condolence; |
|
(2) information regarding holiday schedules; |
|
(3) an honorary or salutary recognition of a public |
|
official, public employee, or other citizen, except that a |
|
discussion regarding a change in the status of a person's public |
|
office or public employment is not an honorary or salutary |
|
recognition for purposes of this subdivision; |
|
(4) a reminder about an upcoming event organized or |
|
sponsored by the governing body; |
|
(5) information regarding a social, ceremonial, or |
|
community event organized or sponsored by an entity other than the |
|
governing body that was attended or is scheduled to be attended by a |
|
member of the governing body or an official or employee of the |
|
political subdivision [municipality or county]; and |
|
(6) announcements involving an imminent threat to the |
|
public health and safety of people in the political subdivision |
|
[municipality or county] that has arisen after the posting of the |
|
agenda. |
|
SECTION 9.014. The heading to Section 552.274, Government |
|
Code, is amended to read as follows: |
|
Sec. 552.274. REPORT [REPORTS] BY ATTORNEY GENERAL [AND
|
|
STATE AGENCIES] ON COST OF COPIES. |
|
SECTION 9.015. Section 814.0096(b), Government Code, as |
|
added by Chapter 280 (H.B. 1608), Acts of the 82nd Legislature, |
|
Regular Session, 2011, is repealed as duplicative of Section |
|
814.0096(b), Government Code, as added by Chapter 1249 (S.B. 1664), |
|
Acts of the 82nd Legislature, Regular Session, 2011. |
|
SECTION 9.016. Section 814.0096(d), Government Code, as |
|
added by Chapters 280 (H.B. 1608) and 1249 (S.B. 1664), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(d) If necessary, the board of trustees and the state |
|
employee charitable campaign policy committee may make the annuity |
|
deduction authorization under Section 814.0095(a) available in |
|
stages to subgroups of the retirement system's annuity recipients |
|
as money becomes available to cover the expenses under Subsection |
|
(b) of this section. |
|
SECTION 9.017. The heading to Subchapter G, Chapter 1473, |
|
Government Code, is amended to conform to changes made to that |
|
subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER G. BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A |
|
POPULATION OF MORE THAN 1.5 MILLION [900,000] |
|
SECTION 9.018. The heading to Subchapter H, Chapter 1473, |
|
Government Code, is amended to conform to changes made to that |
|
subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER H. CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION |
|
FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION |
|
[900,000] |
|
SECTION 9.019. Section 2155.150(a), Government Code, is |
|
amended to correct references to read as follows: |
|
(a) The Railroad Commission of Texas is delegated all |
|
purchasing functions relating to purchases under: |
|
(1) Chapter 89, Natural Resources Code; or |
|
(2) Sections 81.067 and 81.068 [91.111 and 91.112], |
|
Natural Resources Code. |
|
SECTION 9.020. Section 2157.0611, Government Code, is |
|
repealed to conform to the repeal of Section 2157.0611 by Chapter |
|
1081 (H.B. 2918), Acts of the 80th Legislature, Regular Session, |
|
2007, and to the other changes made by Chapter 1081 to Subchapter B, |
|
Chapter 2157, Government Code. |
|
PART B. UPDATE OF COURT FEES AND COSTS |
|
SECTION 9.101. (a) Section 101.0611, Government Code, is |
|
amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd |
|
Legislature, 1st Called Session, 2011, 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; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $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; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) 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; |
|
(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; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(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; and |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(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; |
|
(7-a) for district court records archiving, if adopted |
|
by the county commissioners court (Sec. 51.317(b)(5), Government |
|
Code) . . . not more than $5; |
|
(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) . . . not to exceed |
|
$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 (Sec. 51.961, Government Code) . . . not to exceed $15; and |
|
(19) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code [in Dallas
|
|
County], a court cost to preserve the record, in the absence of a |
|
court reporter, by any [other] means approved by the associate |
|
judge (Sec. 54A.110 [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 101.06119, Government Code, is repealed. |
|
SECTION 9.102. (a) Section 101.0811, Government Code, is |
|
amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd |
|
Legislature, 1st Called Session, 2011, and is further amended 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; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $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; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) 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 (Sec. |
|
51.702, Government Code) . . . $40; |
|
(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; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(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; and |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(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 Nos. 3, 4, 5, |
|
6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in district |
|
court; |
|
(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; and |
|
(12) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge. |
|
(b) Section 101.08116, Government Code, is repealed. |
|
SECTION 9.103. (a) Section 101.1011, Government Code, is |
|
amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd |
|
Legislature, 1st Called Session, 2011, and is further amended 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; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $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; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) 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 (Sec. 51.704, |
|
Government Code) . . . $40; |
|
(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; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, 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. 54A.211 [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 101.10115, Government Code, is repealed. |
|
SECTION 9.104. (a) Section 101.1212, Government Code, is |
|
amended 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; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $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; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) a jury fee (Sec. 51.604, Government Code) . . . |
|
$22; |
|
(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; and |
|
(4) a filing fee to fund the preservation of court |
|
records (Sec. 51.708, Government Code) . . . not more than $10. |
|
(b) Section 101.12125, Government Code, is repealed. |
|
SECTION 9.105. Section 103.0211, Government Code, is |
|
amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd |
|
Legislature, 1st Called Session, 2011, and is further amended to |
|
read as follows: |
|
Sec. 103.0211. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: GOVERNMENT CODE. An accused or defendant, or a party |
|
to a civil suit, as applicable, shall pay the following fees and |
|
costs under the Government Code if ordered by the court or otherwise |
|
required: |
|
(1) a court reporter fee when testimony is taken: |
|
(A) in a criminal court in Dallas County (Sec. |
|
25.0593, Government Code) . . . $3; |
|
(B) in a county criminal court of appeals in |
|
Dallas County (Sec. 25.0594, Government Code) . . . $3; |
|
(C) in a county court at law in McLennan County |
|
(Sec. 25.1572, Government Code) . . . $3; and |
|
(D) in a county criminal court in Tarrant County |
|
(Sec. 25.2223, Government Code) . . . $3; |
|
(2) a court reporter service fee if the courts have |
|
official court reporters (Sec. 51.601, Government Code) . . . $15 |
|
or, in specified counties, $30; |
|
(3) a speedy trial rights waiver motion filing fee in |
|
El Paso County (Sec. 54.745, Government Code) . . . $100; |
|
(4) [costs for use of magistrate in Brazos County
|
|
(Sec. 54.1116, Government Code) .
.
. not to exceed $50;
|
|
[(5)] the costs of a criminal magistrate if the court |
|
determines that the nonprevailing party is able to defray the |
|
costs: |
|
(A) in Bexar County (Sec. 54.913, Government |
|
Code) . . . magistrate's fees; |
|
(B) in Dallas County (Sec. 54.313, Government |
|
Code) . . . magistrate's fees; |
|
(C) in Lubbock County (Sec. 54.883, Government |
|
Code) . . . magistrate's fees; |
|
(D) in Tarrant County (Sec. 54.663, Government |
|
Code) . . . magistrate's fees; and |
|
(E) in Travis County (Sec. 54.983, Government |
|
Code) . . . magistrate's fees; [and
|
|
[(F)
in Williamson County (Sec. 54.958,
|
|
Government Code) .
.
. expense of the magistrate;] |
|
(5) [(6)] an administrative fee for participation in |
|
certain community supervision programs (Sec. 76.015, Government |
|
Code) . . . not less than $25 and not more than $60 per month; and |
|
(6) [(7)] fee paid on filing a petition for an order of |
|
nondisclosure of criminal history record information in certain |
|
cases (Sec. 411.081, Government Code) . . . $28. |
|
SECTION 9.106. (a) Section 103.0212, Government Code, is |
|
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 (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; |
|
(E) a court fee for child's probationary period |
|
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; |
|
(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; |
|
(G) a fee for DNA testing on commitment to |
|
certain facilities (Sec. 54.0462, Family Code) . . . $50; [and] |
|
(H) a fee for DNA testing after placement on |
|
probation or as otherwise required by law (Sec. 54.0462, Family |
|
Code) . . . $34; |
|
(I) a program fee for a teen dating violence |
|
court program (Sec. 54.0325, Family Code) . . . $10; and |
|
(J) a fee to cover the cost to the court of |
|
administering a teen dating violence court program (Sec. 54.0325, |
|
Family Code) . . . not to exceed $10. |
|
(b) Section 103.0210, Government Code, is repealed. |
|
SECTION 9.107. Section 103.027, Government Code, is amended |
|
to conform to Chapter 3 (H.B. 79), Acts of the 82nd Legislature, 1st |
|
Called Session, 2011, 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 |
|
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 (Sec. 82.0361, Government Code) |
|
. . . $250 except as waived or reduced under supreme court rules for |
|
representing an indigent person; and |
|
(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]. |
|
SECTION 9.108. (a) Section 103.029, Government Code, is |
|
amended 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; |
|
(2) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 469.004, Health and Safety |
|
Code) . . . the amount necessary to cover the costs of testing, |
|
counseling, and treatment; |
|
(3) a reasonable program fee for a veterans court |
|
program (Sec. 617.006, Health and Safety Code) . . . not to exceed |
|
$1,000; [and] |
|
(4) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans court program (Sec. 617.006, Health and Safety Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, or |
|
treatment; and |
|
(5) a program fee for a first offender prostitution |
|
prevention program (Sec. 169.005, Health and Safety Code) . . . |
|
reasonable amount not to exceed $1,000. |
|
(b) Section 103.0291, Government Code, is repealed. |
|
SECTION 9.109. (a) Section 103.033, Government Code, is |
|
amended to conform to Chapter 182 (H.B. 1156), Acts of the 78th |
|
Legislature, Regular Session, 2003, and is further amended to read |
|
as follows: |
|
Sec. 103.033. MISCELLANEOUS FEES AND COSTS: THE |
|
SECURITIES ACT [VERNON'S TEXAS CIVIL STATUTES]. A fee [Fees and
|
|
costs] shall be [paid or] collected [under Vernon's Texas Civil
|
|
Statutes as follows:
|
|
[(1)
an appraiser's fee as court costs for determining
|
|
the fair value of the shares of the shareholders entitled to payment
|
|
for their shares in a real estate investment trust (Sec. 25.20, Art.
|
|
6138A, Vernon's Texas Civil Statutes) .
.
. a reasonable fee; and
|
|
[(2) a fee] for the sale of securities under an |
|
offering that has not been registered, if the transaction or |
|
securities are not exempt under Section 35-2, The Securities Act |
|
(Article [(Art.] 581-35-2, Vernon's Texas Civil Statutes), in an |
|
amount[ . . . as] set by the securities commissioner or court, but |
|
not to exceed six times the amount that would have been paid if the |
|
issuer had filed an application to register the securities and paid |
|
the fee prescribed based on the amount of sales made in this state |
|
within the prior three years, plus interest on that amount from the |
|
date of the first sale made in this state until the date the fee is |
|
paid. |
|
(b) Section 103.032, Government Code, is repealed. |
|
ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 10.001. The heading to Subchapter A, Chapter 285, |
|
Health and Safety Code, is amended to conform to changes made to |
|
that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER A. PAYMENT OF HOSPITAL DISTRICT OPERATING EXPENSES IN |
|
CERTAIN POPULOUS COUNTIES [OF AT LEAST 450,000] |
|
SECTION 10.002. The heading to Subchapter B, Chapter 285, |
|
Health and Safety Code, is amended to conform to changes made to |
|
that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER B. PARKING STATIONS NEAR HOSPITALS IN COUNTIES OF AT |
|
LEAST 1.5 MILLION [900,000] |
|
SECTION 10.003. (a) Section 386.252(f), Health and Safety |
|
Code, as added by Chapter 589 (S.B. 20), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is repealed as duplicative of |
|
Section 386.252(f), Health and Safety Code, as added by Chapter 892 |
|
(S.B. 385), Acts of the 82nd Legislature, Regular Session, 2011. |
|
(b) Chapter 393, Health and Safety Code, as added by Chapter |
|
589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011, |
|
is repealed as duplicative of Chapter 394, Health and Safety Code, |
|
as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, |
|
Regular Session, 2011. |
|
(c) Chapter 394, Health and Safety Code, as added by Chapter |
|
589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011, |
|
is repealed as duplicative of Chapter 393, Health and Safety Code, |
|
as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, |
|
Regular Session, 2011. |
|
SECTION 10.004. Section 533.032(g), Health and Safety Code, |
|
as amended by Chapter 1050 (S.B. 71), Acts of the 82nd Legislature, |
|
Regular Session, 2011, and repealed by Chapter 1083 (S.B. 1179), |
|
Acts of the 82nd Legislature, Regular Session, 2011, is reenacted |
|
to read as follows: |
|
(g) The department shall: |
|
(1) attach the report required by Subsection (c) to |
|
the department's legislative appropriations request for each |
|
biennium; |
|
(2) at the time the department presents its |
|
legislative appropriations request, present the report to the: |
|
(A) governor; |
|
(B) governor's budget office; |
|
(C) lieutenant governor; |
|
(D) speaker of the house of representatives; |
|
(E) Legislative Budget Board; and |
|
(F) Health and Human Services Commission; and |
|
(3) update the department's long-range plan biennially |
|
and include the report in the plan. |
|
SECTION 10.005. The heading to Section 691.008, Health and |
|
Safety Code, is amended to read as follows: |
|
Sec. 691.008. FEES; [REPORTS;] AUDITS. |
|
SECTION 10.006. Section 692A.020(i), Health and Safety |
|
Code, is amended to correct a reference to read as follows: |
|
(i) The Department of Public Safety shall remit to the |
|
comptroller the money collected under Sections 521.421(g) and |
|
521.422(c), Transportation Code, as provided by those |
|
subsections. A county assessor-collector shall remit to the |
|
comptroller any money collected under Section 502.405 [502.1745], |
|
Transportation Code, as provided by that section. Money remitted |
|
to the comptroller in accordance with those sections that is |
|
appropriated to the department shall be disbursed to the nonprofit |
|
organization administering the registry under this section under |
|
the terms of the contract between the department and the |
|
organization to pay the costs of: |
|
(1) maintaining, operating, and updating the |
|
Internet-based registry and establishing procedures for an |
|
individual to be added to the registry; |
|
(2) designing and distributing educational materials |
|
for prospective donors as required under this section; and |
|
(3) providing education under this chapter. |
|
SECTION 10.007. Section 711.008(b), Health and Safety Code, |
|
as amended by Chapters 721 (H.B. 788) and 1017 (H.B. 2643), Acts of |
|
the 82nd Legislature, Regular Session, 2011, is reenacted and |
|
amended to read as follows: |
|
(b) Subsection (a) does not apply to: |
|
(1) a cemetery heretofore established and operating; |
|
(2) the establishment and use of a columbarium by an |
|
organized religious society or sect that is exempt from income |
|
taxation under Section 501(a), Internal Revenue Code of 1986, by |
|
being listed under Section 501(c)(3) of that code, as part of or |
|
attached to the principal church building owned by the society or |
|
sect; |
|
(3) the establishment and use of a columbarium by an |
|
organized religious society or sect that is exempt from income |
|
taxation under Section 501(a), Internal Revenue Code of 1986, by |
|
being listed under Section 501(c)(3) of that code, on land that: |
|
(A) is owned by the society or sect; and |
|
(B) is part of the campus on which an existing |
|
principal church building is located; |
|
(4) the establishment and use of a columbarium on the |
|
campus of a private or independent institution of higher education, |
|
as defined by Section 61.003, Education Code, that is wholly or |
|
substantially controlled, managed, owned, or supported by or |
|
otherwise affiliated with an organized religious society or sect |
|
that is exempt from income taxation under Section 501(a), Internal |
|
Revenue Code of 1986, by being listed under Section 501(c)(3) of |
|
that code, if a place of worship is located on the campus; |
|
(5) the establishment and use of a mausoleum that is: |
|
(A) constructed beneath the principal church |
|
building owned by an organized religious society or sect that: |
|
(i) is exempt from income taxation under |
|
Section 501(a), Internal Revenue Code of 1986, by being listed |
|
under Section 501(c)(3) of that code; and |
|
(ii) has recognized religious traditions |
|
and practices of interring the remains of ordained clergy in or |
|
below the principal church building; and |
|
(B) used only for the interment of the remains of |
|
ordained clergy of that organized religious society or sect; [or] |
|
(6) the establishment and operation, if authorized in |
|
accordance with Subsection (h), of a perpetual care cemetery by an |
|
organized religious society or sect that: |
|
(A) is exempt from income taxation under Section |
|
501(a), Internal Revenue Code of 1986, by being listed under |
|
Section 501(c)(3) of that code; |
|
(B) has been in existence for at least five |
|
years; |
|
(C) has at least $500,000 in assets; and |
|
(D) establishes and operates the cemetery on land |
|
that: |
|
(i) is owned by the society or sect; |
|
(ii) together with any other land owned by |
|
the society or sect and adjacent to the land on which the cemetery |
|
is located, is not less than 10 acres; and |
|
(iii) is in a municipality with a |
|
population of at least one million that is located predominantly in |
|
a county that has a total area of less than 1,000 square miles; or |
|
(7) [(6)] the establishment and use of a private |
|
family cemetery by an organization that is exempt from income |
|
taxation under Section 501(a), Internal Revenue Code of 1986, by |
|
being listed under Section 501(c)(3) of that code, on land that is: |
|
(A) owned by the organization; and |
|
(B) located in a county: |
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(i) with a population of more than 125,000; |
|
and |
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(ii) that is adjacent to a county that has a |
|
population of more than 1.5 million and in which more than 75 |
|
percent of the population lives in a single municipality. |
|
SECTION 10.008. Section 711.009(c), Health and Safety Code, |
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is amended to correct a typographical error to read as follows: |
|
(c) This section applies only to a cemetery located in a |
|
municipality with a population [popluation] of 40,000 or more or in |
|
a county with a population of 290,000 or more. |
|
SECTION 10.009. The heading to Subchapter C, Chapter 772, |
|
Health and Safety Code, is amended to conform to changes made to |
|
that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER C. EMERGENCY COMMUNICATION DISTRICTS: COUNTIES WITH |
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POPULATION OVER 1.5 MILLION [860,000] |
|
SECTION 10.010. The heading to Subchapter E, Chapter 772, |
|
Health and Safety Code, is amended to conform to changes made to |
|
that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER E. EMERGENCY COMMUNICATION SERVICE: COUNTIES WITH |
|
POPULATION OVER TWO [1.5] MILLION |
|
ARTICLE 11. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 11.001. Section 843.461(b), Insurance Code, is |
|
amended to more closely conform to the source law from which the |
|
section was derived to read as follows: |
|
(b) The commissioner may take an enforcement action listed |
|
in Subsection (a) against a health maintenance organization if the |
|
commissioner finds that the health maintenance organization: |
|
(1) is operating in a manner that is: |
|
(A) significantly contrary to its basic |
|
organizational documents or health care plan; or |
|
(B) contrary to the manner described in and |
|
reasonably inferred from other information submitted under Section |
|
843.078, 843.079, or 843.080; |
|
(2) issues an evidence of coverage or uses a schedule |
|
of charges for health care services that does not comply with the |
|
requirements of Sections 843.346, 1271.001-1271.005, 1271.007, |
|
1271.151, 1271.152, and 1271.156, and Subchapters B, C, E, F, and G, |
|
Chapter 1271; |
|
(3) does not meet the requirements of Section |
|
843.082(1); |
|
(4) provides a health care plan that does not provide |
|
or arrange for basic health care services, provides a limited |
|
health care service plan that does not provide or arrange for the |
|
plan's limited health care services, or provides a single health |
|
care service plan that does not provide or arrange for a single |
|
health care service; |
|
(5) cannot fulfill its obligation to provide: |
|
(A) health care services as required under its |
|
health care plan; |
|
(B) limited health care services as required |
|
under its limited health care service plan; or |
|
(C) a single health care service as required |
|
under its single health care service plan; |
|
(6) is no longer financially responsible and may |
|
reasonably be expected to be unable to meet its obligations to |
|
enrollees or prospective enrollees; |
|
(7) has not implemented the complaint system required |
|
by Section 843.251 in a manner to resolve reasonably valid |
|
complaints; |
|
(8) has advertised or merchandised its services in an |
|
untrue, misrepresentative, misleading, deceptive, or unfair manner |
|
or a person on behalf of the health maintenance organization has |
|
advertised or merchandised the health maintenance organization's |
|
services in an untrue, misrepresentative, misleading, deceptive, |
|
or unfair [untrue] manner; |
|
(9) would be hazardous to its enrollees if it |
|
continued in operation; |
|
(10) has not complied substantially with: |
|
(A) this chapter or a rule adopted under this |
|
chapter; or |
|
(B) Section 1367.053, Subchapter A, Chapter |
|
1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as |
|
applicable to a health maintenance organization, or Chapter 1271 or |
|
1272 or a rule adopted under one of those provisions; or |
|
(11) has not taken corrective action the commissioner |
|
considers necessary to correct a failure to comply with this |
|
chapter, any applicable provision of this code, or any applicable |
|
rule or order of the commissioner not later than the 30th day after |
|
the date of notice of the failure or within any longer period |
|
specified in the notice and determined by the commissioner to be |
|
reasonable. |
|
ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE |
|
SECTION 12.001. Section 106.002, Local Government Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 106.002. DEPOSITS TO FUND. The following money shall |
|
be deposited in the fund: |
|
(1) court costs collected under Article 102.014, Code |
|
of Criminal Procedure; and |
|
(2) optional motor vehicle registration fees remitted |
|
to the municipality by the county under Section 502.403 [502.173], |
|
Transportation Code. |
|
SECTION 12.002. Section 132.002(a), Local Government Code, |
|
as amended by Chapters 1022 (H.B. 2717) and 1341 (S.B. 1233), Acts |
|
of the 82nd Legislature, Regular Session, 2011, is reenacted and |
|
amended to read as follows: |
|
(a) The commissioners court of a county may authorize a |
|
county or precinct officer who collects fees, fines, court costs, |
|
or other charges on behalf of the county or the state to accept |
|
payment by credit card, [or by] the electronic processing of |
|
checks, or other electronic means of a fee, fine, court costs, or |
|
other charge. The commissioners court may also authorize a county |
|
or precinct officer to collect and retain a fee for processing the |
|
payment by credit card, [or by] the electronic processing of |
|
checks, or other electronic means. |
|
SECTION 12.003. The heading to Subchapter E, Chapter 214, |
|
Local Government Code, is amended to conform to changes made to that |
|
subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd |
|
Legislature, Regular Session, 2011, to read as follows: |
|
SUBCHAPTER E. COMMERCIAL BUILDING PERMITS IN CERTAIN POPULOUS |
|
MUNICIPALITIES [WITH POPULATION OF MORE THAN 900,000] |
|
SECTION 12.004. Section 232.040(b), Local Government Code, |
|
is amended to correct a reference to read as follows: |
|
(b) Except as provided by Subsection (c), a lot in a |
|
subdivision may not be sold if the lot lacks water and sewer |
|
services as required by this subchapter unless the lot is platted or |
|
replatted as required by this subchapter. A subdivider or agent of a |
|
subdivider may not transfer a lot through an executory contract or |
|
other similar conveyance to evade the requirements of this |
|
subchapter. The prohibition in this subsection includes the sale |
|
of a lot: |
|
(1) by a subdivider who regains possession of a lot |
|
previously exempt under Subsection (c) through the exercise of a |
|
remedy described in Section 5.064 [5.061], Property Code; or |
|
(2) for which it is shown at a proceeding brought in |
|
the district court in which the property is located that the sale of |
|
a lot otherwise exempt under Subsection (c) was made for the purpose |
|
of evading the requirements of this subchapter. |
|
SECTION 12.005. Section 240.048, Local Government Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 240.048. EXCEPTIONS. This subchapter does not apply |
|
to: |
|
(1) a private water well drilled: |
|
(A) on a parcel of land that: |
|
(i) is 10 acres or more in size; or |
|
(ii) is qualified open-space land, as |
|
defined by Section 23.51, Tax Code; |
|
(B) within the boundaries of a groundwater |
|
conservation district; |
|
(C) within the boundaries of a subsidence |
|
district other than the Harris-Galveston [Coastal] Subsidence |
|
District; or |
|
(D) incident to the exploration, development, or |
|
production of oil, gas, or other minerals; or |
|
(2) a public water system that has been permitted |
|
under rules adopted by the Texas Commission on Environmental |
|
Quality. |
|
SECTION 12.006. Section 351.045, Local Government Code, as |
|
added by Chapters 759 (H.B. 1566), 760 (H.B. 1567), and 975 (H.B. |
|
1568), Acts of the 82nd Legislature, Regular Session, 2011, is |
|
reenacted to read as follows: |
|
Sec. 351.045. EMPLOYMENT OF HEALTH CARE PROVIDERS. |
|
(a) The commissioners court of a county may appoint, contract for, |
|
or employ licensed physicians, dentists, or other health care |
|
providers to provide health care services to inmates in the custody |
|
of the sheriff. |
|
(b) This section may not be construed as authorizing a |
|
commissioners court to supervise or control the practice of |
|
medicine as prohibited by Subtitle B, Title 3, Occupations Code, or |
|
to supervise or control the practice of dentistry as prohibited by |
|
Subtitle D, Title 3, Occupations Code. |
|
ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 13.001. Section 62.001(e), Natural Resources Code, |
|
is amended to correct references to read as follows: |
|
(e) The provisions of this chapter do not permit any |
|
interference with the right the public has under the provisions of |
|
Subchapter B, [of] Chapter 61, [of this code] to the free and |
|
unrestricted use of, and to ingress and egress to, the area |
|
bordering on the Gulf of Mexico from mean low tide to the line of |
|
vegetation, as that term is defined in [Subsection (2),] Section |
|
61.001 [of this code]. A county, county official, or anyone acting |
|
under the authority of this chapter may not exercise any authority, |
|
contract out a right to exercise authority, or otherwise delegate |
|
authority beyond that specifically granted to it in Sections 61.122 |
|
through 61.128 [of this code] over that area notwithstanding any of |
|
the specific provisions of this chapter. The rights established in |
|
Subchapters B and D, [of] Chapter 61, [of this code] are paramount |
|
over the rights or interests that might otherwise be created by the |
|
provisions of this chapter, and nothing in this chapter encroaches |
|
on those rights or upon land, or interests in land, that may |
|
ultimately be held subject to those rights. |
|
SECTION 13.002. Section 62.091(a), Natural Resources Code, |
|
is amended to correct a reference to read as follows: |
|
(a) The following land is under the jurisdiction of the |
|
board: |
|
(1) public beaches owned in fee by the county; and |
|
(2) land used as parks in connection with public |
|
beaches not located inside the boundaries of an incorporated city |
|
and not inside the area bordering on the Gulf of Mexico from the |
|
line of mean low tide to the line of vegetation as that term is |
|
defined in Section 61.001 [61.001(2) of this code]. |
|
ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 14.001. The heading to Section 203.154, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 203.154. [ANNUAL REPORT;] REPORTS ON MIDWIFERY. |
|
SECTION 14.002. The heading to Section 452.159, Occupations |
|
Code, is amended to read as follows: |
|
Sec. 452.159. BIENNIAL REPORT [ANNUAL REPORTS]. |
|
SECTION 14.003. Section 801.353(d-1), Occupations Code, as |
|
added by Chapters 231 (H.B. 413) and 411 (S.B. 811), Acts of the |
|
82nd Legislature, Regular Session, 2011, is reenacted and amended |
|
to read as follows: |
|
(d-1) The privilege provided by this section is waived by |
|
the client or the owner of the animal treated by the veterinarian in |
|
a proceeding to substantiate and collect on a claim for the |
|
provision of or a debt incurred for veterinary services. |
|
SECTION 14.004. Section 1103.403(b), Occupations Code, is |
|
amended to correct an error in punctuation to read as follows: |
|
(b) Not later than the 10th day after the date an appraiser |
|
changes the appraiser's address, e-mail address, or telephone |
|
number, the appraiser shall [:] notify the board of the change and |
|
pay any required fee. |
|
SECTION 14.005. Section 1602.262(a), Occupations Code, as |
|
amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of |
|
the 82nd Legislature, Regular Session, 2011, is reenacted to read |
|
as follows: |
|
(a) An applicant for a license under this chapter is |
|
entitled to the license if the applicant: |
|
(1) meets the applicable eligibility requirements; |
|
(2) passes the applicable examination; |
|
(3) pays the required fee; |
|
(4) has not committed an act that constitutes a ground |
|
for denial of the license; and |
|
(5) submits an application on a form prescribed by the |
|
department. |
|
ARTICLE 15. CHANGES RELATING TO PARKS AND WILDLIFE CODE |
|
SECTION 15.001. Section 47.001(9), Parks and Wildlife Code, |
|
is amended to correct a reference to read as follows: |
|
(9) "Place of business" means a permanent structure on |
|
land or a motor vehicle required to be registered under Section |
|
502.040 [502.002], Transportation Code, where aquatic products or |
|
orders for aquatic products are received or where aquatic products |
|
are sold or purchased but does not include a boat or any type of |
|
floating device, a public cold storage vault, the portion of a |
|
structure that is used as a residence, or a vehicle from which no |
|
orders are taken or no shipments or deliveries are made other than |
|
to the place of business of a licensee in this state. |
|
ARTICLE 16. CHANGES RELATING TO PENAL CODE |
|
SECTION 16.001. Section 12.42(b), Penal Code, as amended by |
|
Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(b) Except as provided by Subsection (c)(2) or (c)(4), as |
|
amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature, |
|
Regular Session, 2011, if it is shown on the trial of a felony of the |
|
second degree that the defendant has previously been finally |
|
convicted of a felony other than a state jail felony punishable |
|
under Section 12.35(a), on conviction the defendant shall be |
|
punished for a felony of the first degree. |
|
SECTION 16.002. Section 12.42(d), Penal Code, as amended by |
|
Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(d) Except as provided by Subsection (c)(2) or (c)(4), as |
|
amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature, |
|
Regular Session, 2011, 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 the defendant shall |
|
be punished by imprisonment in the Texas Department of Criminal |
|
Justice for life, or for any term of not more than 99 years or less |
|
than 25 years. A previous conviction for a state jail felony |
|
punishable under Section 12.35(a) may not be used for enhancement |
|
purposes under this subsection. |
|
SECTION 16.003. Section 12.42(f), Penal Code, is amended to |
|
conform to the repeal of Section 12.42(e), Penal Code, by Chapter |
|
834 (H.B. 3384), Acts of the 82nd Legislature, Regular Session, |
|
2011, and to correct a reference to read as follows: |
|
(f) For the purposes of Subsections (a), (b), and (c)(1), |
|
[and (e),] an adjudication by a juvenile court under Section 54.03, |
|
Family Code, that a child engaged in delinquent conduct on or after |
|
January 1, 1996, constituting a felony offense for which the child |
|
is committed to the Texas Juvenile Justice Department [Youth
|
|
Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code, |
|
or Section 54.05(f), Family Code, is a final felony conviction. |
|
SECTION 16.004. Section 37.01(2), Penal Code, is amended to |
|
correct a reference to read as follows: |
|
(2) "Governmental record" means: |
|
(A) anything belonging to, received by, or kept |
|
by government for information, including a court record; |
|
(B) anything required by law to be kept by others |
|
for information of government; |
|
(C) a license, certificate, permit, seal, title, |
|
letter of patent, or similar document issued by government, by |
|
another state, or by the United States; |
|
(D) a standard proof of motor vehicle liability |
|
insurance form described by Section 601.081, Transportation Code, a |
|
certificate of an insurance company described by Section 601.083 of |
|
that code, a document purporting to be such a form or certificate |
|
that is not issued by an insurer authorized to write motor vehicle |
|
liability insurance in this state, an electronic submission in a |
|
form described by Section 502.046(i) [502.153(i)], Transportation |
|
Code, or an evidence of financial responsibility described by |
|
Section 601.053 of that code; |
|
(E) an official ballot or other election record; |
|
or |
|
(F) the written documentation a mobile food unit |
|
is required to obtain under Section 437.0074, Health and Safety |
|
Code. |
|
SECTION 16.005. Section 71.02(a), Penal Code, as amended by |
|
Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted and amended to |
|
read as follows: |
|
(a) A person commits an offense if, with the intent to |
|
establish, maintain, or participate in a combination or in the |
|
profits of a combination or as a member of a criminal street gang, |
|
the person commits or conspires to commit one or more of the |
|
following: |
|
(1) murder, capital murder, arson, aggravated |
|
robbery, robbery, burglary, theft, aggravated kidnapping, |
|
kidnapping, aggravated assault, aggravated sexual assault, sexual |
|
assault, forgery, deadly conduct, assault punishable as a Class A |
|
misdemeanor, burglary of a motor vehicle, or unauthorized use of a |
|
motor vehicle; |
|
(2) any gambling offense punishable as a Class A |
|
misdemeanor; |
|
(3) promotion of prostitution, aggravated promotion |
|
of prostitution, or compelling prostitution; |
|
(4) unlawful manufacture, transportation, repair, or |
|
sale of firearms or prohibited weapons; |
|
(5) unlawful manufacture, delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug, or |
|
unlawful possession of a controlled substance or dangerous drug |
|
through forgery, fraud, misrepresentation, or deception; |
|
(5-a) causing the unlawful delivery, dispensation, or |
|
distribution of a controlled substance or dangerous drug in |
|
violation of Subtitle B, Title 3, Occupations Code; |
|
(6) any unlawful wholesale promotion or possession of |
|
any obscene material or obscene device with the intent to wholesale |
|
promote the same; |
|
(7) any offense under Subchapter B, Chapter 43, |
|
depicting or involving conduct by or directed toward a child |
|
younger than 18 years of age; |
|
(8) any felony offense under Chapter 32; |
|
(9) any offense under Chapter 36; |
|
(10) any offense under Chapter 34, 35, or 35A; |
|
(11) any offense under Section 37.11(a); |
|
(12) any offense under Chapter 20A; |
|
(13) any offense under Section 37.10; |
|
(14) any offense under Section 38.06, 38.07, 38.09, or |
|
38.11; |
|
(15) any offense under Section 42.10; |
|
(16) any offense under Section 46.06(a)(1) or 46.14; |
|
[or] |
|
(17) any offense under Section 20.05; or |
|
(18) [(17)] any offense classified as a felony under |
|
the Tax Code. |
|
ARTICLE 17. CHANGES RELATING TO PROPERTY CODE |
|
SECTION 17.001. Section 51.002(i), Property Code, as added |
|
by Chapters 252 (H.B. 1127) and 592 (S.B. 101), Acts of the 82nd |
|
Legislature, Regular Session, 2011, is reenacted to read as |
|
follows: |
|
(i) Noti |