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INTRODUCED
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HOUSE COMMITTEE
SUBSTITUTE
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SECTION 1. Article 26.05(b),
Code of Criminal Procedure, is amended to read as follows:
(b) All payments made under
this article shall be paid in accordance with a schedule of fees adopted by
formal action of the judges of the county courts, statutory county courts,
and district courts trying criminal cases in each county. Not later
than the 90th day before the first day of the county's fiscal year, [On
adoption of] a schedule of fees for that fiscal year must be adopted
and [as provided by this subsection,] a copy of the schedule must
[shall] be sent to the commissioners court of the county.
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No
equivalent provision.
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SECTION 2. Section 3,
Article 42.09, Code of Criminal Procedure, is amended to read as follows:
Sec. 3. If a defendant [is]
convicted of a felony is [and] sentenced to death or to
[,] life [, or a term of more than ten years] in the Texas
Department of Criminal Justice or is ineligible for release on bail
pending appeal under Article 44.04(b) and [he] gives notice of
appeal, the defendant [he] shall be transferred to the
department on a commitment pending a mandate from the court of appeals or
the Court of Criminal Appeals.
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No
equivalent provision.
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SECTION 3. The heading to
Section 31.092, Election Code, is amended to read as follows:
Sec. 31.092. CONTRACT FOR
ELECTION SERVICES AUTHORIZED FOR COUNTY ELECTION OFFICER.
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No
equivalent provision.
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SECTION 4. Section 31.092,
Election Code, is amended by adding Subsection (f) to read as follows:
(f) The county election
officer may set a deadline for the submission of a request to enter into a
contract to perform election services under this section.
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No
equivalent provision.
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SECTION 5. The heading to
Section 31.093, Election Code, is amended to read as follows:
Sec. 31.093. [DUTY TO]
CONTRACT FOR ELECTION SERVICES AUTHORIZED FOR COUNTY ELECTIONS
ADMINISTRATOR.
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No
equivalent provision.
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SECTION 6. Section 31.093,
Election Code, is amended by amending Subsection (a) and adding Subsection
(c) to read as follows:
(a) If requested to do so by
a political subdivision or political party, the county elections
administrator may [shall] enter into a contract to furnish
the election services requested, in accordance with a cost schedule agreed
on by the contracting parties.
(c) The county elections
administrator may set a deadline for the submission of a request to enter
into a contract to provide election services under this section.
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No
equivalent provision.
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SECTION 7. Section
84.001(d), Election Code, is amended to read as follows:
(d) An application must be
submitted [by mail] to the early voting clerk for the election who
serves the election precinct of the applicant's residence.
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No
equivalent provision.
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SECTION 8. Section
84.007(b), Election Code, is amended to read as follows:
(b) An application must be
submitted to the early voting clerk by:
(1) mail;
(2) common or contract
carrier; [or]
(3) telephonic facsimile
machine, if a machine is available in the clerk's office; or
(4) electronic submission
of the application, if authorized by the clerk.
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No
equivalent provision.
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SECTION 9. Subchapter B,
Chapter 84, Election Code, is amended by adding Section 84.038 to read as
follows:
Sec. 84.038. CANCELLATION
EFFECTIVE FOR SINGLE ELECTION FOR CERTAIN VOTERS. The cancellation of an
application for a ballot to be voted by mail under Section 84.032(c), (d),
or (e) does not cancel the application with respect to a subsequent
election to which the same application applies under Section 86.0015(b).
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No
equivalent provision.
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SECTION 10. Section 86.006,
Election Code, is amended by amending Subsection (a) and adding Subsection
(a-1) to read as follows:
(a) A marked ballot voted
under this chapter must be returned to the early voting clerk in the
official carrier envelope. The carrier envelope may be delivered in
another envelope and must be transported and delivered only by:
(1) mail;
(2) [or by]
common or contract carrier; or
(3) subject to Subsection
(a-1), in-person delivery by the voter who voted the ballot.
(a-1) The voter may
deliver a marked ballot in person to the early voting clerk's office only
while the polls are open on election day. A voter who delivers a marked
ballot in person must present an acceptable form of identification
described by Section 63.0101.
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No
equivalent provision.
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SECTION 11. Subchapter B,
Chapter 826, Health and Safety Code, is amended by adding Section 826.018
to read as follows:
Sec. 826.018. LOCAL
RABIES CONTROL PROGRAMS. (a) This section applies to a veterinarian who:
(1) is employed by a
county; and
(2) administers or
supervises the administration of rabies vaccine as part of a local rabies
control program established by a county or municipality under this chapter.
(b) A veterinarian
described by Subsection (a) is not required to establish a
veterinarian-client-patient relationship before administering rabies
vaccine or supervising the administration of rabies vaccine.
(c) To the extent of any
conflict between this section and any other law or rule relating to the
administration of rabies vaccine, this section controls.
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No
equivalent provision.
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SECTION 12. Subchapter B,
Chapter 232, Local Government Code, is amended by adding Section 232.0375
to read as follows:
Sec. 232.0375.
ALTERNATIVE ENFORCEMENT; CITATION. (a) As an alternative to an action to
recover a civil penalty under Section 232.037(a)(3) for the enforcement of
a rule or requirement adopted by the commissioners court under this
subchapter that prohibits more than one single-family, detached dwelling to
be located on each lot, the commissioners court may authorize a county
employee to issue a citation to a subdivider for a violation of the rule or
requirement.
(b) The commissioners
court may designate the county employee as a county inspector.
(c) The commissioners
court may adopt a standard civil penalty, in an amount authorized under
Section 232.035(c), to be assessed for the violation for which the citation
may be issued by the county employee under Subsection (a), except the
penalty amount assessed by each citation may not exceed a total penalty of
$10,000. Each day a violation continues or occurs may be considered a
separate violation for purposes of imposing a penalty.
(d) The county employee
may issue subsequent citations to a subdivider for a violation if the
subdivider fails to correct the violation for which a citation has been
issued.
(e) A subdivider who is
issued a citation under this section may pay the civil penalty or contest
the penalty in justice court. Venue for an action under this subsection is
the justice court in the justice precinct in which the violation occurred.
(f) A civil penalty
recovered under this section shall be deposited in the county treasury to
the credit of the general fund.
(g) The commissioners
court by order may adopt rules to implement this section.
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No
equivalent provision.
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SECTION 13. Subchapter C,
Chapter 232, Local Government Code, is amended by adding Section 232.0805
to read as follows:
Sec. 232.0805.
ALTERNATIVE ENFORCEMENT; CITATION. (a) As an alternative to an action to
recover a civil penalty under Section 232.080(a)(3) for the enforcement of
a rule or requirement adopted by the commissioners court under this
subchapter that prohibits more than one single-family, detached dwelling to
be located on each lot, the commissioners court may authorize a county
employee to issue a citation to a subdivider for a violation of the rule or
requirement.
(b) The commissioners
court may designate the county employee as a county inspector.
(c) The commissioners
court may adopt a standard civil penalty, in an amount authorized under
Section 232.079(b), to be assessed for the violation for which the citation
may be issued by the county employee under Subsection (a), except the
penalty amount assessed by each citation may not exceed a total penalty of
$10,000. Each day a violation continues or occurs may be considered a
separate violation for purposes of imposing a penalty.
(d) The county employee
may issue subsequent citations to a subdivider for a violation if the
subdivider fails to correct the violation for which a citation has been
issued.
(e) A subdivider who is
issued a citation under this section may pay the civil penalty or contest
the penalty in justice court. Venue for an action under this subsection is
the justice court in the justice precinct in which the violation occurred.
(f) A civil penalty
recovered under this section shall be deposited in the county treasury to
the credit of the general fund.
(g) The commissioners
court by order may adopt rules to implement this section.
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No
equivalent provision.
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SECTION 14. Section
233.061(a), Local Government Code, is amended to read as follows:
(a) The commissioners court
of a county [with a population of over 250,000 or a county adjacent to a
county with a population of over 250,000] may adopt a fire code and
rules necessary to administer and enforce the fire code.
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No
equivalent provision.
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SECTION 15. Section
263.251(a), Local Government Code, is amended to read as follows:
(a) The commissioners court
of a county may adopt a procedure by which the county may:
(1) lease to another entity
advertising space located:
(A) in or on a building or
part of a building owned by the county;
(B) on personal property
[a vehicle] owned by the county;
(C) on an official county
website; [or]
(D) in or on a building
or part of a building leased by the county, with the building owner's
consent; or
(E) on personal
property [a vehicle] leased by the county, with the property
[vehicle] owner's consent; or
(2) sell advertising space
located on correspondence distributed by the county through the United
States Postal Service.
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No
equivalent provision.
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SECTION 16. The heading to
Section 271.9051, Local Government Code, is amended to read as follows:
Sec. 271.9051. CONSIDERATION
OF LOCATION OF BIDDER'S PRINCIPAL PLACE OF BUSINESS IN CERTAIN
MUNICIPALITIES AND COUNTIES.
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No
equivalent provision.
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SECTION 17. Sections
271.9051(a), (b), and (c), Local Government Code, are amended to read as
follows:
(a) This section applies
only to a municipality or county that is authorized under this title
to purchase real property or personal property that is not affixed to real
property.
(b) In purchasing under this
title any real property, personal property that is not affixed to real
property, or services, if a municipality or county receives one or
more competitive sealed bids from a bidder whose principal place of
business is in the municipality or county and whose bid is within
five percent of the lowest bid price received by the municipality or
county from a bidder who is not a resident of the municipality or
county, the municipality or county may enter into a contract for
construction services in an amount of less than $100,000 or a contract for
other purchases in an amount of less than $500,000 with:
(1) the lowest bidder; or
(2) the bidder whose
principal place of business is in the municipality or county if the
governing body of the municipality or county determines, in writing,
that the local bidder offers the municipality or county the best
combination of contract price and additional economic development
opportunities for the municipality or county created by the contract
award, including the employment of residents of the municipality or
county and increased tax revenues to the municipality or county.
(c) This section does not
prohibit a municipality or county from rejecting all bids.
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No
equivalent provision.
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SECTION 18. Section
72.101(a), Property Code, is amended to read as follows:
(a) Except as provided by
this section and Sections 72.1015, 72.1016, 72.1017, [and] 72.102, and
72.104, personal property is presumed abandoned if, for longer than
three years:
(1) the existence and
location of the owner of the property is unknown to the holder of the
property; and
(2) according to the
knowledge and records of the holder of the property, a claim to the
property has not been asserted or an act of ownership of the property has
not been exercised.
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No
equivalent provision.
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SECTION 19. Subchapter B,
Chapter 72, Property Code, is amended by adding Section 72.104 to read as
follows:
Sec. 72.104. TANGIBLE
PERSONAL PROPERTY HELD BY COUNTY. Tangible personal property that is found
on county land or in a county park, facility, or right-of-way is presumed
abandoned if, for longer than 60 days:
(1) the personal property
is held by the county;
(2) the existence and
location of the owner of the personal property is unknown to the county;
and
(3) according to the
knowledge and records of the county, a claim to the personal property has
not been asserted or an act of ownership of the personal property has not
been exercised.
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No
equivalent provision.
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SECTION 20. Section
644.101(c), Transportation Code, is amended to read as follows:
(c) A sheriff or a deputy
sheriff of a county bordering the United Mexican States or of a county with
a population of 700,000 [one million] or more is eligible to
apply for certification under this section.
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No
equivalent provision.
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SECTION 21. (a) In this
section, "task force" means the Task Force to Study Population
Growth in Texas established under this section.
(b) The Task Force to Study
Population Growth in Texas is established for the purposes of assessing the
effects of population growth in this state on:
(1) housing;
(2) businesses in this state;
(3) available land
resources; and
(4) the state's economy.
(c) The task force is
composed of the following nine members:
(1) three state or local
officials appointed by the governor;
(2) three state or local
officials appointed by the lieutenant governor; and
(3) three state or local
officials appointed by the speaker of the house of representatives.
(d) The members of the task
force shall elect a presiding officer.
(e) The offices of the
governor, lieutenant governor, and speaker of the house of representatives
shall provide staff support to the task force.
(f) The task force shall
hold public hearings to achieve the purposes described by Subsection (b).
(g) A member of the task
force is not entitled to receive compensation for service on the task force
but is entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the task force.
(h) The task force may
accept gifts and grants from any source to be used to carry out a function
of the task force.
(i) Not later than November
1, 2016, the task force shall submit a final report to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
appropriate standing committees of the legislature. The report shall
include a summary and analysis of:
(1) hearings and studies
conducted by the task force;
(2) legislation proposed by
the task force; and
(3) other findings and
recommendations made by the task force.
(j) Not later than December
1, 2015, the governor, the lieutenant governor, and the speaker of the
house of representatives shall make the appointments to the task force as
described under Subsection (c).
(k) The task force is
abolished and this section expires August 31, 2017.
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SECTION 1. (a) In this
section, "task force" means the Task Force to Study Population
Growth in Texas established under this section.
(b) The Task Force to Study
Population Growth in Texas is established for the purposes of assessing the
effects of population growth on counties
in this state relating to:
(1) housing;
(2) businesses;
(3) available land
resources;
(4) the state's economy;
(5)
health care services; and
(6)
county jails.
(c) The task force is
composed of the following nine members:
(1) three state or local
officials appointed by the governor;
(2) three state or local
officials appointed by the lieutenant governor; and
(3) three state or local
officials appointed by the speaker of the house of representatives.
(d) The members of the task
force shall elect a presiding officer from
among the membership.
(e) The offices of the
governor, lieutenant governor, and speaker of the house of representatives
shall provide staff support to the task force.
(f) The task force shall
hold public hearings to achieve the purposes described by Subsection (b) of
this section.
(g) A member of the task
force is not entitled to receive compensation for service on the task force
but is entitled to reimbursement of the travel expenses incurred by the
member while conducting the business of the task force.
(h) The task force may
accept gifts and grants from any source to be used to carry out a function
of the task force.
(i) Not later than November
1, 2016, the task force shall submit a final report to the governor, the
lieutenant governor, the speaker of the house of representatives, and the
appropriate standing committees of the legislature. The report shall
include a summary and analysis of:
(1) hearings and studies conducted
by the task force;
(2) legislation proposed by
the task force; and
(3) other findings and
recommendations made by the task force.
(j) Not later than December
1, 2015, the governor, the lieutenant governor, and the speaker of the
house of representatives shall make the appointments to the task force as
described under Subsection (c) of this section.
(k) The task force is
abolished and this section expires August 31, 2017.
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SECTION 22. (a) Article
26.05(b), Code of Criminal Procedure, as amended by this Act, applies only
to the adoption of a schedule of fees for a county fiscal year starting on
or after January 1, 2016.
(b) Sections 232.0375 and
232.0805, Local Government Code, as added by this Act, apply only to a
violation that occurs on or after the effective date of this Act. A
violation that occurs before that date is governed by the law in effect on
the date the violation occurred, and the former law is continued in effect
for that purpose. For purposes of this section, each day a violation continues
or occurs is considered a separate violation.
(c) Section 271.9051, Local
Government Code, as amended by this Act, applies only to a contract for
which the initial notice soliciting bids is given on or after the effective
date of this Act. A contract for which the initial notice soliciting bids
is given before the effective date of this Act is governed by the law in
effect when the initial notice is given, and the former law is continued in
effect for that purpose.
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No
equivalent provision.
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No
equivalent provision.
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SECTION 2. Section 1001.201,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013, is amended by adding Subdivisions
(4) and (5) to read as follows:
(4) "School district
employee" means a person employed by a school district who regularly
interacts with students through the course of the person's duties,
including an educator, a secretary, a school bus driver, or a cafeteria
worker.
(5) "School resource
officer" has the meaning assigned by Section 1701.601, Occupations
Code.
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No
equivalent provision.
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SECTION 3. Subchapter H,
Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B. 3793),
Acts of the 83rd Legislature, Regular Session, 2013, is amended by adding
Section 1001.2015 to read as follows:
Sec. 1001.2015.
LIMITATION ON GRANTS. For each state fiscal year, the department may give
to a local mental health authority in the form of grants under Sections
1001.202 and 1001.203 an amount that may not exceed the lesser of:
(1) three percent of the
total amount appropriated to the department for making grants under those
sections; or
(2) $70,000.
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No
equivalent provision.
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SECTION 4. Section
1001.202(b), Health and Safety Code, as added by Chapter 1306 (H.B. 3793),
Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as
follows:
(b) The [Except as
provided by Subsection (c), the] department shall make each grant to a
local mental health authority under this section in an amount equal to $1,000
times the number of employees or contractors of the authority whose
training as mental health first aid trainers will be paid by the grant.
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No
equivalent provision.
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SECTION 5. Sections
1001.203(a) and (c), Health and Safety Code, as added by Chapter 1306 (H.B.
3793), Acts of the 83rd Legislature, Regular Session, 2013, are amended to
read as follows:
(a) To the extent funds are
appropriated to the department for that purpose, the department shall make
grants to local mental health authorities to provide an approved mental
health first aid training program, administered by mental health first aid
trainers, at no cost to school district employees and school resource
officers [educators].
(c) The [Subject
to the limit provided by Subsection (b), out of the funds appropriated to
the department for making grants under this section, the] department
shall grant $100 to a local mental health authority for each school
district employee or school resource officer [educator] who
successfully completes a mental health first aid training program provided
by the authority under this section.
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No
equivalent provision.
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SECTION 6. Subchapter H,
Chapter 1001, Health and Safety Code, as added by Chapter 1306 (H.B. 3793),
Acts of the 83rd Legislature, Regular Session, 2013, is amended by adding
Section 1001.2031 to read as follows:
Sec. 1001.2031.
SUPPLEMENTAL GRANTS FOR TRAINING CERTAIN EDUCATORS IN MENTAL HEALTH FIRST
AID. For each state fiscal year, the department may allocate any
unobligated money appropriated for making grants under Sections 1001.202
and 1001.203 for supplemental grants. The department may give a
supplemental grant to a local mental health authority that submits to the
department a revised plan as provided under Section 1001.204 that demonstrates
how the additional grant money would be used if made available to the
authority.
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No
equivalent provision.
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SECTION 7. Section
1001.204(a), Health and Safety Code, as added by Chapter 1306 (H.B. 3793),
Acts of the 83rd Legislature, Regular Session, 2013, is amended to read as
follows:
(a) Not later than July
[October] 1 of each state fiscal year for which a local mental
health authority will seek a grant from the department under Section
1001.203, the authority shall submit to the department a plan demonstrating
the manner in which grants made to the authority under that section will be
used:
(1) to train individuals in
mental health first aid throughout the authority's local service area to
maximize the number of children who have direct contact with an individual
who has successfully completed a mental health first aid training program
provided by the authority;
(2) to meet the greatest
needs of the authority's local service area, as identified by the
authority; and
(3) to complement existing
resources and not duplicate established mental health first aid training
efforts.
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No
equivalent provision.
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SECTION 8. Section 1001.205,
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013, is amended to read as follows:
Sec. 1001.205. REPORTS.
(a) Not later than September 30 [July 1] of each year, a
local mental health authority shall provide to the department the number
of:
(1) employees and
contractors of the authority who were trained as mental health first aid
trainers under Section 1001.202 during the preceding fiscal year;
(2) educators, school
district employees other than educators, and school resource officers
who completed a mental health first aid training program offered by the authority
under Section 1001.203 during the preceding fiscal [calendar]
year; and
(3) individuals who are not school
district employees or school resource officers [educators] who
completed a mental health first aid training program offered by the authority
during the preceding fiscal [calendar] year.
(b) Not later than December
1 [August 1] of each year, the department shall compile the
information submitted by local mental health authorities as required by
Subsection (a) and submit a report to the legislature containing the number
of:
(1) authority employees and
contractors trained as mental health first aid trainers during the
preceding fiscal year;
(2) educators, school
district employees other than educators, and school resource officers
who completed a mental health first aid training program provided by an
authority during the preceding fiscal [calendar] year; and
(3) individuals who are not school
district employees or school resource officers [educators] who
completed a mental health first aid training program provided by an
authority during the preceding fiscal [calendar] year.
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No
equivalent provision.
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SECTION 9. Section
21.044(c-1), Education Code, is amended to read as follows:
(c-1) 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 training required to obtain that
certificate, instruction regarding mental health, substance abuse, and
youth suicide. The instruction required must be provided through a program
selected from the list of recommended best practice-based programs
established under Section 161.325, Health and Safety Code [in
detection of students with mental or emotional disorders].
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No
equivalent provision.
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SECTION 10. The following
are repealed:
(1) Section 21.044(c-2),
Education Code;
(2) Section 1001.202(c),
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013;
(3) Section 1001.203(b),
Health and Safety Code, as added by Chapter 1306 (H.B. 3793), Acts of the
83rd Legislature, Regular Session, 2013; and
(4) Section 250.006(b),
Local Government Code.
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SECTION 23. This Act takes
effect September 1, 2015.
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SECTION 11. Same as
introduced version.
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