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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Section 104.001,
Civil Practice and Remedies Code, is amended.
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SECTION 1. Same as introduced
version.
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SECTION 2. Article 13.34,
Code of Criminal Procedure, is amended.
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SECTION 2. Same as introduced
version.
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SECTION 3. Article 15.27(c),
Code of Criminal Procedure, is amended.
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SECTION 3. Same as introduced
version.
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SECTION 4. Article 38.43(c),
Code of Criminal Procedure, is amended.
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SECTION 4. Same as introduced
version.
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SECTION 5. Article
49.18(d)(3), Code of Criminal Procedure, is amended.
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SECTION 5. Same as introduced
version.
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SECTION 6. Articles 60.03(a)
and (b), Code of Criminal Procedure, are amended.
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SECTION 6. Same as introduced
version.
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SECTION 7. Article 61.01(9),
Code of Criminal Procedure, is amended.
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SECTION 7. Same as introduced
version.
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SECTION 8. Article
61.02(e)(2), Code of Criminal Procedure, is amended.
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SECTION 8. Same as introduced
version.
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SECTION 9. Articles 61.06(a)
and (c), Code of Criminal Procedure, are amended.
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SECTION 9. Same as introduced
version.
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SECTION 10. Articles
61.07(a) and (c), Code of Criminal Procedure, are amended.
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SECTION 10. Same as
introduced version.
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SECTION 11. Article
61.08(d), Code of Criminal Procedure, is amended.
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SECTION 11. Same as
introduced version.
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SECTION 12. Article
61.10(f), Code of Criminal Procedure, is amended.
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SECTION 12. Same as
introduced version.
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SECTION 13. Article
62.001(3), Code of Criminal Procedure, is amended.
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SECTION 13. Same as
introduced version.
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SECTION 14. Articles
62.007(d) and (e), Code of Criminal Procedure, are amended.
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SECTION 14. Same as
introduced version.
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SECTION 15. Article 62.008,
Code of Criminal Procedure, is amended.
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SECTION 15. Same as
introduced version.
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SECTION 16. Article 62.010,
Code of Criminal Procedure, is amended.
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SECTION 16. Same as
introduced version.
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SECTION 17. Article
62.051(b), Code of Criminal Procedure, is amended.
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SECTION 17. Same as
introduced version.
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SECTION 18. Article
104.003(a), Code of Criminal Procedure, is amended.
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SECTION 18. Same as introduced
version.
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SECTION 19. Section
1.001(b), Education Code, is amended.
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SECTION 19. Same as
introduced version.
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SECTION 20. Section
7.055(b)(26), Education Code, is amended.
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SECTION 20. Same as
introduced version.
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SECTION 21. Section 25.042,
Education Code, is amended.
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SECTION 21. Same as
introduced version.
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SECTION 22. Section
29.012(d), Education Code, is amended.
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SECTION 22. Same as
introduced version.
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SECTION 23. Section
29.087(d), Education Code, is amended.
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SECTION 23. Same as introduced
version.
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SECTION 24. The heading to
Subchapter E, Chapter 30, Education Code, is amended.
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SECTION 24. Same as
introduced version.
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SECTION 25. Section 30.101,
Education Code, is amended.
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SECTION 25. Same as
introduced version.
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SECTION 26. Section 30.102,
Education Code, is amended.
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SECTION 26. Same as
introduced version.
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SECTION 27. Section 30.103,
Education Code, is amended.
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SECTION 27. Same as
introduced version.
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SECTION 28. Section 30.104,
Education Code, is amended.
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SECTION 28. Same as
introduced version.
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SECTION 29. Section 30.106,
Education Code, is amended.
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SECTION 29. Same as
introduced version.
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SECTION 30. Section
30A.105(c), Education Code, is amended.
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SECTION 30. Same as
introduced version.
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SECTION 31. Section
31.021(c), Education Code, is amended.
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SECTION 31. Same as
introduced version.
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SECTION 32. Sections
37.0062(a), (b), and (d), Education Code, are amended.
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SECTION 32. Same as
introduced version.
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SECTION 33. Sections
37.011(a), (a-1), (f), (g), and (h), Education Code, are amended.
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SECTION 33. Same as
introduced version.
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SECTION 34. Section
37.084(b), Education Code, is amended.
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SECTION 34. Same as
introduced version.
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SECTION 35. Section
37.203(a), Education Code, is amended.
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SECTION 35. Same as introduced
version.
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SECTION 36. Section
52.40(a), Education Code, is amended.
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SECTION 36. Same as
introduced version.
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SECTION 37. Section
32.001(b), Family Code, is amended.
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SECTION 37. Same as
introduced version.
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SECTION 38. Section
32.101(d), Family Code, is amended.
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SECTION 38. Same as
introduced version.
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SECTION 39. Section
51.031(b), Family Code, is amended.
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SECTION 39. Same as
introduced version.
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SECTION 40. Section
51.06(b), Family Code, is amended.
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SECTION 40. Same as
introduced version.
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SECTION 41. Section
51.10(b), Family Code, is amended.
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SECTION 41. Same as
introduced version.
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SECTION 42. Section
51.101(e), Family Code, is amended.
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SECTION 42. Same as
introduced version.
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SECTION 43. Section
51.102(b), Family Code, is amended.
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SECTION 43. Same as
introduced version.
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SECTION 44. Sections
51.12(c), (c-1), (h), (i), (j), (l), and (m), Family Code, are amended.
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SECTION 44. Same as
introduced version.
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SECTION 45. Sections
51.125(b), (c), (d), and (e), Family Code, are amended.
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SECTION 45. Same as
introduced version.
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SECTION 46. Section
51.21(b), Family Code, is amended.
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SECTION 46. Same as
introduced version.
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SECTION 47. Section
53.01(e), Family Code, is amended.
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SECTION 47. Same as
introduced version.
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SECTION 48. Section 53.03(d),
Family Code, is amended.
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SECTION 48. Same as
introduced version.
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SECTION 49. Sections
54.04(e), (i), (k), and (o), Family Code, are amended.
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SECTION 49. Same as
introduced version.
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SECTION 50. Sections
54.0401(d) and (e), Family Code, are amended.
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SECTION 50. Same as
introduced version.
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SECTION 51. Section
54.0411(h), Family Code, is amended.
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SECTION 51. Same as
introduced version.
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SECTION 52. Section
54.0462(a), Family Code, is amended.
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SECTION 52. Same as
introduced version.
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SECTION 53. Section
54.0491(c), Family Code, is amended.
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SECTION 53. Same as
introduced version.
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SECTION 54. Sections
54.05(a), (g), and (h), Family Code, are amended.
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SECTION 54. Same as
introduced version.
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SECTION 55. Sections
54.06(a) and (b), Family Code, are amended.
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SECTION 55. Same as
introduced version.
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SECTION 56. Section 57.002,
Family Code, is amended.
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SECTION 56. Same as
introduced version.
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SECTION 57. Section
57.003(c), Family Code, is amended.
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SECTION 57. Same as
introduced version.
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SECTION 58. Section 57.004,
Family Code, is amended.
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SECTION 58. Same as
introduced version.
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SECTION 59. Section 57.005,
Family Code, is amended.
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SECTION 59. Same as
introduced version.
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SECTION 60. Section
58.005(a), Family Code, is amended.
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SECTION 60. Same as
introduced version.
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SECTION 61. Section
58.007(d), Family Code, is amended.
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SECTION 61. Same as
introduced version.
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SECTION 62. Sections
58.0072(a), (c), (d), (e), (f), and (g), Family Code, are amended.
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SECTION 62. Same as
introduced version.
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SECTION 63. Section
58.102(b), Family Code, is amended.
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SECTION 63. Same as
introduced version.
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SECTION 64. Section
58.104(b), Family Code, is amended.
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SECTION 64. Same as
introduced version.
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SECTION 65. Sections
58.106(a) and (c), Family Code, are amended.
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SECTION 65. Same as
introduced version.
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SECTION 66. Section 58.112,
Family Code, is amended.
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SECTION 66. Same as
introduced version.
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SECTION 67. Section
58.304(b), Family Code, is amended.
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SECTION 67. Same as
introduced version.
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SECTION 68. Section
58.352(a), Family Code, is amended.
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SECTION 68. Same as
introduced version.
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SECTION 69. Section
58.401(1), Family Code, is amended.
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SECTION 69. Same as
introduced version.
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SECTION 70. Sections
58.403(a), (b), and (c), Family Code, are amended.
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SECTION 70. Same as
introduced version.
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SECTION 71. Section 58.404,
Family Code, is amended.
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SECTION 71. Same as
introduced version.
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SECTION 72. Section 58.405,
Family Code, is amended.
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SECTION 72. Same as
introduced version.
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SECTION 73. Section
59.003(f), Family Code, is amended.
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SECTION 73. Same as
introduced version.
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SECTION 74. Section 59.011,
Family Code, is amended.
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SECTION 74. Same as
introduced version.
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SECTION 75. Section 59.013,
Family Code, is amended.
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SECTION 75. Same as
introduced version.
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SECTION 76. Section
61.103(a), Family Code, is amended.
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SECTION 76. Same as
introduced version.
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SECTION 77. Section
61.104(a), Family Code, is amended.
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SECTION 77. Same as
introduced version.
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SECTION 78. Section 61.107,
Family Code, is amended.
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SECTION 78. Same as
introduced version.
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SECTION 79. Section
107.0161, Family Code, is amended.
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SECTION 79. Same as
introduced version.
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SECTION 80. Section
261.103(b), Family Code, is amended.
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SECTION 80. Same as
introduced version.
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SECTION 81. Section
261.105(e), Family Code, is amended.
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SECTION 81. Same as
introduced version.
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SECTION 82. Sections
261.201(i), (j), and (k), Family Code, are amended.
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SECTION 82. Same as
introduced version.
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SECTION 83. Section
261.401(c), Family Code, is amended to read as follows:
(c) A state agency shall
adopt rules relating to the investigation and resolution of reports
received as provided by this subchapter. The Health and Human Services
Commission shall review and approve the rules of agencies other than the
Texas Department of Criminal Justice[, Texas Youth Commission,] or
Texas Juvenile Justice Department [Probation Commission] to
ensure that those agencies implement appropriate standards for the conduct
of investigations and that uniformity exists among agencies in the
investigation and resolution of reports.
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No
equivalent provision.
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SECTION 84. Sections
261.405(a), (b), (c), and (e), Family Code, are amended to read as follows:
(a) In this section:
(1) "Juvenile justice
facility" means a facility operated wholly or partly by the juvenile
board, by another governmental unit, or by a private vendor under a
contract with the juvenile board, county, or other governmental unit that
serves juveniles under juvenile court jurisdiction. The term includes:
(A) a public or private
juvenile pre-adjudication secure detention facility, including a holdover
facility;
(B) a public or private
juvenile post-adjudication secure correctional facility except for a
facility operated solely for children committed to the Texas Juvenile
Justice Department [Youth Commission]; and
(C) a public or private
non-secure juvenile post-adjudication residential treatment facility that
is not licensed by the Department of Protective and Regulatory Services or
the Texas Commission on Alcohol and Drug Abuse.
(2) "Juvenile justice
program" means a program or department operated wholly or partly by
the juvenile board or by a private vendor under a contract with a juvenile
board that serves juveniles under juvenile court jurisdiction. The term
includes:
(A) a juvenile justice
alternative education program;
(B) a non-residential
program that serves juvenile offenders under the jurisdiction of the
juvenile court; and
(C) a juvenile probation
department.
(b) A report of alleged
abuse, neglect, or exploitation in any juvenile justice program or facility
shall be made to the Texas Juvenile Justice Department [Probation
Commission] and a local law enforcement agency for investigation.
(c) The Texas Juvenile Justice
Department [Probation Commission] shall conduct an investigation
as provided by this chapter if that department [the commission]
receives a report of alleged abuse, neglect, or exploitation in any
juvenile justice program or facility.
(e) As soon as practicable
after a child is taken into custody or placed in a juvenile justice
facility or juvenile justice program, the facility or program shall provide
the child's parents with:
(1) information regarding
the reporting of suspected abuse, neglect, or exploitation of a child in a
juvenile justice facility or juvenile justice program to the Texas Juvenile
Justice Department [Probation Commission]; and
(2) the Texas Juvenile
Justice Department's [commission's] toll-free number for this
reporting.
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SECTION 83. Sections
261.405(b), (c), and (e), Family Code, are amended to read as follows:
No
equivalent provision.
(b) A report of alleged
abuse, neglect, or exploitation in any juvenile justice program or facility
shall be made to the Texas Juvenile Justice Department [Probation
Commission] and a local law enforcement agency for investigation.
(c) The Texas Juvenile Justice
Department [Probation Commission] shall conduct an investigation
as provided by this chapter if that department [the commission]
receives a report of alleged abuse, neglect, or exploitation in any
juvenile justice program or facility.
(e) As soon as practicable
after a child is taken into custody or placed in a juvenile justice
facility or juvenile justice program, the facility or program shall provide
the child's parents with:
(1) information regarding
the reporting of suspected abuse, neglect, or exploitation of a child in a
juvenile justice facility or juvenile justice program to the Texas Juvenile
Justice Department [Probation Commission]; and
(2) the Texas Juvenile
Justice Department's [commission's] toll-free number for this
reporting.
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SECTION 85. Section
261.407(c), Family Code, is amended to read as follows:
(c) This section does not
apply to a facility under the jurisdiction of the Texas Department of
Criminal Justice [, Texas Youth Commission,] or Texas Juvenile Justice
Department [Probation Commission].
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No
equivalent provision.
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SECTION 86. Section
261.408(c), Family Code, is amended to read as follows:
(c) This section does not
apply to a facility under the jurisdiction of the Texas Department of
Criminal Justice [, Texas Youth Commission,] or Texas Juvenile Justice
Department [Probation Commission].
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No
equivalent provision.
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SECTION 87. Section 261.409,
Family Code, is amended.
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SECTION 84. Same as
introduced version.
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SECTION 88. Section
263.001(a)(4), Family Code, is amended to read as follows:
(4) "Substitute
care" means the placement of a child who is in the conservatorship of
the department or an authorized agency in care outside the child's home.
The term includes foster care, institutional care, adoption, placement with
a relative of the child, or commitment to the Texas Juvenile Justice
Department [Youth Commission].
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No
equivalent provision.
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SECTION 89. Section 263.002,
Family Code, is amended to read as follows:
Sec. 263.002. REVIEW OF
PLACEMENTS BY COURT. In a suit affecting the parent-child relationship in
which the department or an authorized agency has been appointed by the
court or designated in an affidavit of relinquishment of parental rights as
the temporary or permanent managing conservator of a child, the court shall
hold a hearing to review:
(1) the conservatorship
appointment and substitute care; and
(2) for a child committed to
the Texas Juvenile Justice Department [Youth Commission], the
child's commitment in that department [the Texas Youth Commission]
or release under supervision by that department [the Texas Youth
Commission].
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No
equivalent provision.
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SECTION 90. Section 263.302,
Family Code, is amended.
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SECTION 85. Same as
introduced version.
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SECTION 91. Section
263.303(b), Family Code, is amended to read as follows:
(b) The permanency
progress report must:
(1) recommend that
the suit be dismissed; or
(2) recommend that
the suit continue, and:
(A) identify the
date for dismissal of the suit under this chapter;
(B) provide:
(i) the name of
any person entitled to notice under Chapter 102 who has not been served;
(ii) a description
of the efforts by the department or another agency to locate and request
service of citation; and
(iii) a
description of each parent's assistance in providing information necessary
to locate an unserved party;
(C) evaluate the
parties' compliance with temporary orders and with the service plan;
(D) evaluate
whether the child's placement in substitute care meets the child's needs
and recommend other plans or services to meet the child's special needs or
circumstances;
(E) describe the
permanency plan for the child and recommend actions necessary to ensure
that a final order consistent with that permanency plan, including the
concurrent permanency goals contained in that plan, is rendered before the
date for dismissal of the suit under this chapter;
(F) with respect
to a child 16 years of age or older, identify the services needed to assist
the child in the transition to adult life; and
(G) with respect
to a child committed to the Texas Juvenile Justice Department [Youth
Commission] or released under supervision by that department [the
Texas Youth Commission]:
(i) evaluate
whether the child's needs for treatment and education are being met;
(ii) describe,
using information provided by the Texas Juvenile Justice Department
[Youth Commission], the child's progress in any rehabilitation
program administered by that department [the Texas Youth
Commission]; and
(iii) recommend
other plans or services to meet the child's needs.
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No
equivalent provision.
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SECTION 92. Sections
263.501(f) and (g), Family Code, are amended.
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SECTION 86. Same as
introduced version.
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SECTION 93. Section
264.0091, Family Code, is amended to read as follows:
Sec. 264.0091. USE
OF TELECONFERENCING AND VIDEOCONFERENCING TECHNOLOGY. Subject to the
availability of funds, the department, in cooperation with district and
county courts, shall expand the use of teleconferencing and
videoconferencing to facilitate participation by medical experts, children,
and other individuals in court proceedings, including children for whom the
department, an authorized agency, or a licensed child-placing agency has
been appointed managing conservator and who are committed to the
Texas Juvenile Justice Department [Youth Commission].
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No
equivalent provision.
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SECTION 94. Section
264.701(b), Family Code, is amended to read as follows:
(b) The committee
is appointed by the Board of Protective and Regulatory Services and is
composed of the following 15 members:
(1) an officer or
employee of the Texas Education Agency;
(2) two officers
or employees of the Department of Protective and Regulatory Services;
(3) an officer or
employee of the Texas Juvenile Justice Department [Probation
Commission];
(4) an officer or
employee of the Texas Department of Mental Health and Mental Retardation;
(5) an officer or
employee of the Health and Human Services Commission;
(6) three members
of the public who have knowledge of and experience in the area of delivery
of services relating to child abuse and neglect;
(7) three members
of the public who have knowledge of and experience in the area of
evaluation of programs relating to the prevention and treatment of child
abuse and neglect; and
(8) three members
of the public who are or have been recipients of services relating to the
prevention or treatment of child abuse or neglect.
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No
equivalent provision.
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SECTION 95. Section
41.102(c), Government Code, is amended.
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SECTION 87. Same as
introduced version.
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SECTION 96. Section
41.303(a), Government Code, is amended.
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SECTION 88. Same as
introduced version.
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SECTION 97. Section
41.304(a), Government Code, is amended.
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SECTION 89. Same as
introduced version.
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SECTION 98. Section 41.310,
Government Code, is amended.
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SECTION 90. Same as
introduced version.
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SECTION 99. Section
322.019(d), Government Code, is amended.
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SECTION 91. Same as introduced
version.
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SECTION 100. Section
402.035(c), Government Code, is amended.
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SECTION 92. Same as
introduced version.
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SECTION 101. Section
411.138, Government Code, is amended.
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SECTION 93. Same as
introduced version.
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SECTION 102. Sections
411.148(a), (d), (f-1), (f-2), and (j), Government Code, are amended.
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SECTION 94. Same as
introduced version.
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SECTION 103. Section
420.008(c), Government Code, is amended.
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SECTION 95. Same as
introduced version.
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SECTION 104. Section
492.0011, Government Code, is amended.
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SECTION 96. Same as
introduced version.
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SECTION 105. Sections
497.051(a), (b), and (c), Government Code, are amended.
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SECTION 97. Same as
introduced version.
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SECTION 106. Section
497.058(a), Government Code, is amended.
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SECTION 98. Same as
introduced version.
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SECTION 107. Section
497.0581(a), Government Code, is amended.
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SECTION 99. Same as
introduced version.
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SECTION 108. Section
508.003(c), Government Code, is amended.
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SECTION 100. Same as
introduced version.
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SECTION 109. Sections
508.156(d), (e), and (f), Government Code, are amended.
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SECTION 101. Same as
introduced version.
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SECTION 110. Sections
531.02418(a) and (b), Government Code, are amended to read as follows:
(a) The commission shall
enter into a memorandum of understanding with the Texas Juvenile Justice
Department [Youth Commission] to ensure that each individual who
is committed under Title 3, Family Code, is assessed by the commission for
eligibility for the medical assistance program under Chapter 32, Human Resources
Code, and the child health plan program before that individual's release
from commitment.
(b) The commission shall
enter into a memorandum of understanding with the Texas Juvenile Justice
Department [Probation Commission] to ensure that each individual
who is placed or detained under Title 3, Family Code, is assessed by the
commission for eligibility for the medical assistance program under Chapter
32, Human Resources Code, and the child health plan program before the
individual's release from placement or detention. Local juvenile probation
departments are subject to the requirements of the memorandum.
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No
equivalent provision.
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SECTION 111. Section
531.047(a), Government Code, is amended to read as follows:
(a) The commission, after
consulting with representatives from the Department of Protective and
Regulatory Services, the Texas Juvenile Justice Department [Probation
Commission], and the Texas Department of Mental Health and Mental
Retardation, shall by rule adopt result-oriented standards that a provider
of substitute care services for children under the care of the state must
achieve.
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No
equivalent provision.
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SECTION 112. Section
531.055(a), Government Code, is amended to read as follows:
(a) Each health and human
services agency, the Texas Council on Offenders with Mental Impairments,
the Texas Department of Criminal Justice, the Texas Department of Housing
and Community Affairs, the Texas Education Agency, the Texas Workforce
Commission, and the Texas Juvenile Justice Department [Youth Commission]
shall adopt a joint memorandum of understanding to promote a system of
local-level interagency staffing groups to coordinate services for persons
needing multiagency services.
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No
equivalent provision.
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SECTION 113. Section
531.802(c), Government Code, is amended to read as follows:
(c) Subject to Subsection
(d), the council is composed of the following:
(1) the executive
commissioner;
(2) the commissioner of
state health services;
(3) the commissioner of the
Department of Family and Protective Services;
(4) the commissioner of
aging and disability services;
(5) the commissioner of
assistive and rehabilitative services;
(6) the commissioner of
education;
(7) the executive director
of the Texas Juvenile Justice Department [Probation Commission];
(8) [the executive
commissioner of the Texas Youth Commission;
[(9)] the executive
director of the Texas Workforce Commission;
(9) [(10)] the
director of the Texas Correctional Office on Offenders with Medical or
Mental Impairments;
(10) [(11)] two
public representatives who are parents of children who have received
services from an agency represented on the council, appointed by the
executive commissioner; and
(11) [(12)]
two representatives who are young adults or adolescents who have received
services from an agency represented on the council, appointed by the
executive commissioner.
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No
equivalent provision.
|
|
SECTION 114. Section
658.002(c), Government Code, is amended.
|
SECTION 102. Same as
introduced version.
|
|
SECTION 115. Section 659.044(e),
Government Code, is amended.
|
SECTION 103. Same as
introduced version.
|
|
SECTION 116. Section
659.046(f), Government Code, is amended.
|
SECTION 104. Same as
introduced version.
|
|
SECTION 117. Section
659.302(b), Government Code, is amended.
|
SECTION 105. Same as
introduced version.
|
|
SECTION 118. Section
659.303, Government Code, is amended.
|
SECTION 106. Same as
introduced version.
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|
SECTION 119. Section
661.031(2), Government Code, is amended.
|
SECTION 107. Same as
introduced version.
|
|
SECTION 120. Section
661.061(2), Government Code, is amended.
|
SECTION 108. Same as
introduced version.
|
|
SECTION 121. Section
661.152(a), Government Code, is amended.
|
SECTION 109. Same as
introduced version.
|
|
SECTION 122. Section
814.104(b), Government Code, is amended.
|
SECTION 110. Same as
introduced version.
|
|
SECTION 123. Section
815.505, Government Code, is amended.
|
SECTION 111. Same as
introduced version.
|
|
SECTION 124. Section
2155.143, Government Code, is amended.
|
SECTION 112. Same as
introduced version.
|
|
SECTION 125. Section
2165.005(f), Government Code, is amended.
|
SECTION 113. Same as
introduced version.
|
|
SECTION 126. Section
2165.252(b), Government Code, is amended
|
SECTION 114. Same as
introduced version.
|
|
SECTION 127. Section
2167.001(b), Government Code, is amended.
|
SECTION 115. Same as
introduced version.
|
|
SECTION 128. Section
2303.402(c), Government Code, is amended.
|
SECTION 116. Same as
introduced version.
|
|
SECTION 129. Section
2306.5621(a)(6), Government Code, is amended.
|
SECTION 117. Same as
introduced version.
|
|
SECTION 130. Section
2306.903(a), Government Code, is amended.
|
SECTION 118. Same as
introduced version.
|
|
SECTION 131. Section
61.003(f), Health and Safety Code, is amended to read as follows:
(f) For purposes of this
chapter, a person who is an inmate or resident of a state school or
institution operated by the Texas Department of Criminal Justice,
Department of Aging and Disability Services, Department of State Health
Services, Texas Juvenile Justice Department [Youth Commission],
Texas School for the Blind and Visually Impaired, Texas School for
the Deaf, or any other state agency or who is an inmate, patient, or
resident of a school or institution operated by a federal agency is not
considered a resident of a hospital district or of any governmental entity
except the state or federal government.
|
No
equivalent provision.
|
|
SECTION 132. Section
81.010(c), Health and Safety Code, is amended to read as follows:
(c) The council consists of
one representative from each of the following agencies appointed by the
executive director or commissioner of each agency:
(1) the Department of State
Health Services;
(2) the Department of Aging
and Disability Services;
(3) the Department of
Assistive and Rehabilitative Services;
(4) the Department of Family
and Protective Services;
(5) [the Texas Youth
Commission;
[(6)] the Texas
Department of Criminal Justice;
(6) [(7)] the
Texas Juvenile Justice Department [Probation Commission];
(7) [(8)] the
Texas Medical Board;
(8) [(9)] the
Texas Board of Nursing;
(9) [(10)] the
State Board of Dental Examiners;
(10) [(11)]
the Health and Human Services Commission;
(11) [(12)]
the Texas Workforce Commission; and
(12) [(13)]
the Texas Higher Education Coordinating Board.
|
No
equivalent provision.
|
|
SECTION 133. Section
81.102(a), Health and Safety Code, is amended to read as follows:
(a) A person may not require
another person to undergo a medical procedure or test designed to determine
or help determine if a person has AIDS or HIV infection, antibodies to HIV,
or infection with any other probable causative agent of AIDS unless:
(1) the medical procedure or
test is required under Subsection (d), under Section 81.050, or under
Article 21.31, Code of Criminal Procedure;
(2) the medical procedure or
test is required under Section 81.090, and no objection has been made under
Section 81.090(l);
(3) the medical procedure or
test is authorized under Chapter 545, Insurance Code;
(4) a medical procedure is
to be performed on the person that could expose health care personnel to
AIDS or HIV infection, according to board guidelines defining the
conditions that constitute possible exposure to AIDS or HIV infection, and
there is sufficient time to receive the test result before the procedure is
conducted; or
(5) the medical procedure or
test is necessary:
(A) as a bona fide
occupational qualification and there is not a less discriminatory means of
satisfying the occupational qualification;
(B) to screen blood, blood
products, body fluids, organs, or tissues to determine suitability for
donation;
(C) in relation to a
particular person under this chapter;
(D) to manage accidental
exposure to blood or other body fluids, but only if the test is conducted
under written infectious disease control protocols adopted by the health
care agency or facility;
(E) to test residents and
clients of residential facilities of the Texas Department of Mental Health
and Mental Retardation, but only if:
(i) the test result would
change the medical or social management of the person tested or others who
associated with that person; and
(ii) the test is conducted
in accordance with guidelines adopted by the residential facility or the
Texas Department of Mental Health and Mental Retardation and approved by
the department; or
(F) to test residents and
clients of residential facilities of the Texas Juvenile Justice
Department [Youth Commission], but only if:
(i) the test result would
change the medical or social management of the person tested or others who
associate with that person; and
(ii) the test is conducted
in accordance with guidelines adopted by that department [the
Texas Youth Commission].
|
No
equivalent provision.
|
|
SECTION 134. Section 85.113,
Health and Safety Code, is amended to read as follows:
Sec. 85.113. WORKPLACE
GUIDELINES FOR STATE CONTRACTORS. An entity that contracts with or is
funded by any of the following state agencies to operate a program
involving direct client contact shall adopt and implement workplace
guidelines similar to the guidelines adopted by the agency that funds or
contracts with the entity:
(1) the Texas Commission on
Alcohol and Drug Abuse;
(2) the Texas Commission for
the Blind;
(3) the Texas Commission for
the Deaf and Hard of Hearing;
(4) the Texas Juvenile Justice
Department [Probation Commission];
(5) the Texas Department of
Criminal Justice;
(6) [the Texas Youth
Commission;
[(7)] the department;
(7) [(8)] the
Texas Department of Human Services;
(8) [(9)] the
Texas Department of Mental Health and Mental Retardation; and
(9) [(10)] the
Texas Rehabilitation Commission.
|
No
equivalent provision.
|
|
SECTION 135. Section
89.101(1), Health and Safety Code, is amended to read as follows:
(1) "Corrections
facility" means:
(A) a jail or community
corrections facility, without regard to whether the jail or facility
satisfies the requirements of Section 89.002;
(B) any correctional
facility operated by or under contract with a division of the Texas
Department of Criminal Justice; or
(C) a detention facility
operated by the Texas Juvenile Justice Department [Youth
Commission].
|
No
equivalent provision.
|
|
SECTION 136. Section
115.007(a), Health and Safety Code, is amended to read as follows:
(a) The task force consists
of:
(1) the commissioner, the
executive director or director, or a deputy or assistant commissioner of:
(A) the commission,
designated by the executive commissioner;
(B) the Department of Aging
and Disability Services, designated by the commissioner of that agency;
(C) the Department of
Assistive and Rehabilitative Services, designated by the commissioner of
that agency;
(D) the division of early
childhood intervention services, designated by the commissioner of the
Department of Assistive and Rehabilitative Services;
(E) the Department of Family
and Protective Services, designated by the commissioner of that agency;
(F) the Department of State
Health Services, designated by the commissioner of that agency;
(G) the Texas Education
Agency, designated by the commissioner of that agency;
(H) [the Texas Youth
Commission, designated by the executive commissioner of that agency;
[(I)] the Texas
Juvenile Justice Department [Probation Commission],
designated by the executive director of that agency; and
(I) [(J)] the
Texas Correctional Office on Offenders with Medical or Mental Impairments,
designated by the director of that office; and
(2) eight nonvoting members
who are:
(A) a representative of a
local mental health authority or a local mental retardation authority,
appointed by the governor;
(B) two members of the house
of representatives, appointed by the speaker of the house of
representatives;
(C) two senators, appointed
by the lieutenant governor; and
(D) three parents or
consumer advocates, one each appointed by the commission, the Texas
Education Agency, and the Texas Juvenile Justice Department [Youth
Commission].
|
No
equivalent provision.
|
|
SECTION 137. Section
161.005(a), Health and Safety Code, is amended to read as follows:
(a) On admission of a child
to a facility of the Texas Department of Mental Health and Mental
Retardation, the Texas Department of Criminal Justice, or the Texas Juvenile
Justice Department [Youth Commission], the facility physician
shall review the immunization history of the child and administer any
needed vaccinations or refer the child for immunization.
|
No
equivalent provision.
|
|
SECTION 138. Section
533.0415(a), Health and Safety Code, is amended to read as follows:
(a) The department, the
Texas Department of Human Services, [the Texas Youth Commission,]
the Texas Juvenile Justice Department [Probation Commission],
and the Texas Education Agency by rule shall adopt a joint memorandum of
understanding to develop interagency training for the staffs of the
agencies involved in the functions of assessment, case planning, case
management, and in-home or direct delivery of services to children, youth,
and their families. The memorandum must:
(1) outline the
responsibility of each agency in coordinating and developing a plan for
interagency training on individualized assessment and effective
intervention and treatment services for children and dysfunctional
families; and
(2) provide for the
establishment of an interagency task force to:
(A) develop a training
program to include identified competencies, content, and hours for
completion of the training with at least 20 hours of training required each
year until the program is completed;
(B) design a plan for
implementing the program, including regional site selection, frequency of
training, and selection of experienced clinical public and private
professionals or consultants to lead the training; and
(C) monitor, evaluate, and
revise the training program, including the development of additional
curricula based on future training needs identified by staff and
professionals.
|
No
equivalent provision.
|
|
SECTION 139. Section
551.008(a), Health and Safety Code, is amended to read as follows:
(a) The department may
transfer the South Campus of the Vernon State Hospital to the Texas Juvenile
Justice Department [Youth Commission] contingent upon the
agreement of the governing board of the department and the executive director
[commissioner] of the Texas Juvenile Justice Department [Youth
Commission].
|
No
equivalent provision.
|
|
SECTION 140. Section
555.002(e), Health and Safety Code, is amended to read as follows:
(e) The department shall
collect data regarding the commitment of alleged offender residents to
state supported living centers, including any offense with which an alleged
offender resident is charged, the location of the committing court, whether
the alleged offender resident has previously been in the custody of the
Texas Juvenile Justice Department [Youth Commission] or the
Department of Family and Protective Services, and whether the alleged
offender resident receives mental health services or previously received
any services under a Section 1915(c) waiver program. The department shall
annually submit to the governor, the lieutenant governor, the speaker of
the house of representatives, and the standing committees of the legislature
with primary subject matter jurisdiction over state supported living
centers a report of the information collected under this section. The
report may not contain personally identifiable information for any person
in the report.
|
No
equivalent provision.
|
|
SECTION 141. Section
574.001(f), Health and Safety Code, is amended to read as follows:
(f) An application in which
the proposed patient is a child in the custody of the Texas Juvenile
Justice Department [Youth Commission] may be filed in the county
in which the child's commitment to that department [the
commission] was ordered.
|
No
equivalent provision.
|
|
SECTION 142. Section
593.041(e), Health and Safety Code, is amended to read as follows:
(e) An application in which
the proposed patient is a child in the custody of the Texas Juvenile
Justice Department [Youth Commission] may be filed in the county
in which the child's commitment to that department [the
commission] was ordered.
|
No
equivalent provision.
|
|
SECTION 143. Section
614.019, Health and Safety Code, is amended to read as follows:
Sec. 614.019. PROGRAMS FOR
JUVENILES. (a) The office, in cooperation with the Texas Commission on
Alcohol and Drug Abuse, the Texas Department of Mental Health and Mental
Retardation, the Department of Protective and Regulatory Services, the
Texas Juvenile Justice Department [Probation Commission, the
Texas Youth Commission], and the Texas Education Agency, may establish
and maintain programs, building on existing successful efforts in
communities, to address prevention, intervention, and continuity of care
for juveniles with mental health and substance abuse disorders.
(b) A child with mental
illness who is receiving continuity of care services during parole from the
Texas Juvenile Justice Department [Youth Commission] and who
is no longer eligible to receive services from a local mental health
authority when the child becomes 17 years of age because the child does not
meet the requirements of a local service area plan under Section
533.0352(a) may continue to receive continuity of care services from the
office until the child completes the child's parole.
(c) A child with mental
illness or mental retardation who is discharged from the Texas Juvenile
Justice Department under Section 244.011, Human Resources Code, may receive
continuity of care services from the office for a minimum of 90 days after
discharge from that department [the commission] and for as
long as necessary for the child to demonstrate sufficient stability to
transition successfully to mental health or mental retardation services
provided by a local mental health or mental retardation authority.
|
No
equivalent provision.
|
|
SECTION 144. Section
42.052(g), Human Resources Code, is amended to read as follows:
(g) The certification
requirements of this section do not apply to [a Texas Youth Commission
facility,] a Texas Juvenile Justice Department [Probation
Commission] facility[,] or a facility providing services solely
for that department [the Texas Youth Commission].
|
No
equivalent provision.
|
|
SECTION 145. Section 63.009,
Human Resources Code, is amended.
|
SECTION 119. Same as
introduced version.
|
|
SECTION 146. Section 63.010,
Human Resources Code, is amended.
|
SECTION 120. Same as
introduced version.
|
|
SECTION 147. Section 63.019,
Human Resources Code, is amended.
|
SECTION 121. Same as
introduced version.
|
|
SECTION 148. Section
63.020(1), Human Resources Code, is amended.
|
SECTION 122. Same as
introduced version.
|
|
SECTION 149. Section
142.002(a), Human Resources Code, is amended.
|
SECTION 123. Same as
introduced version.
|
|
SECTION 150. Section
142.003(b), Human Resources Code, is amended.
|
SECTION 124. Same as
introduced version.
|
|
SECTION 151. Section
142.006(b), Human Resources Code, is amended.
|
SECTION 125. Same as
introduced version.
|
|
SECTION 152. Section
152.0007(a), Human Resources Code, is amended.
|
SECTION 126. Same as
introduced version.
|
|
SECTION 153. Section
152.0008(a), Human Resources Code, is amended.
|
SECTION 127. Same as
introduced version.
|
|
SECTION 154. Section
152.0461(f), Human Resources Code, is amended.
|
SECTION 128. Same as
introduced version.
|
|
SECTION 155. Section
152.1161(f), Human Resources Code, is amended.
|
SECTION 129. Same as
introduced version.
|
|
SECTION 156. Section
152.2401(f), Human Resources Code, is amended.
|
SECTION 130. Same as
introduced version.
|
|
SECTION 157. Section
152.2561(l), Human Resources Code, is amended.
|
SECTION 131. Same as
introduced version.
|
|
SECTION 158. Section
306.002, Labor Code, is amended.
|
SECTION 132. Same as
introduced version.
|
|
SECTION 159. Section
306.003, Labor Code, is amended.
|
SECTION 133. Same as
introduced version.
|
|
SECTION 160. Section
306.004, Labor Code, is amended.
|
SECTION 134. Same as
introduced version.
|
|
SECTION 161. Section
306.005(b), Labor Code, is amended.
|
SECTION 135. Same as
introduced version.
|
|
SECTION 162. Section
306.007(a), Labor Code, is amended.
|
SECTION 136. Same as
introduced version.
|
|
SECTION 163. Sections
306.008(a) and (c), Labor Code, are amended.
|
SECTION 137. Same as
introduced version.
|
|
SECTION 164. Section
504.017, Labor Code, is amended.
|
SECTION 138. Same as
introduced version.
|
|
SECTION 165. Section
244.001(1), Local Government Code, is amended.
|
SECTION 139. Same as
introduced version.
|
|
SECTION 166. Section
244.006, Local Government Code, is amended.
|
SECTION 140. Same as
introduced version.
|
|
SECTION 167. Section
110.202(a), Occupations Code, is amended to read as follows:
(a) The executive head of
each of the following agencies or that person's designated representative
shall serve as a member of the interagency advisory committee:
(1) Texas Department of
Criminal Justice;
(2) Texas Juvenile Justice
Department [Probation Commission];
(3) Texas Department of
Mental Health and Mental Retardation;
(4) [Texas Youth
Commission;
[(5)] Sam Houston
State University;
(5) [(6)]
Department of Protective and Regulatory Services; and
(6) [(7)]
Texas Council of Community Mental Health and Mental Retardation Centers.
|
No
equivalent provision.
|
|
SECTION 168. Section
110.302(b), Occupations Code, is amended to read as follows:
(b) In developing the rules,
the council shall coordinate with the Texas Department of Criminal Justice
[, the Texas Youth Commission,] and the Texas Juvenile Justice
Department [Probation Commission].
|
No
equivalent provision.
|
|
SECTION 169. Section
1701.259(a), Occupations Code, is amended.
|
SECTION 141. Same as
introduced version.
|
|
SECTION 170. Section
22.11(d), Penal Code, is amended.
|
SECTION 142. Same as
introduced version.
|
|
SECTION 171. Section
38.06(c), Penal Code, is amended.
|
SECTION 143. Same as
introduced version.
|
|
SECTION 172. Sections
39.04(a), (b), and (f), Penal Code, are amended.
|
SECTION 144. Same as
introduced version.
|
|
SECTION 173. Section
39.04(e)(2), Penal Code, is amended.
|
SECTION 145. Same as
introduced version.
|
|
SECTION 174. Section
201.603, Transportation Code, is amended.
|
SECTION 146. Same as
introduced version.
|
|
SECTION 175. Section
721.003(a), Transportation Code, is amended.
|
SECTION 147. Same as
introduced version.
|
|
SECTION 176. Section 1(a), Chapter
22, Acts of the 57th Legislature, 3rd Called Session, 1962 (Article
6228a-5, Vernon's Texas Civil Statutes), is amended.
|
SECTION 148. Same as
introduced version.
|
|
SECTION 177. Section
41.301(2), Government Code, is repealed.
|
SECTION 149. Same as introduced
version.
|
|
SECTION 178. If any
provision of this Act conflicts with a provision of another Act of the 84th
Legislature, Regular Session, 2015, the provision of the other Act controls
to the extent of the conflict, regardless of the date of enactment.
|
SECTION 150. Same as
introduced version.
|
|
SECTION 179. This Act takes
effect September 1, 2015.
|
SECTION 151. Same as
introduced version.
|