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A BILL TO BE ENTITLED
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AN ACT
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relating to issues affecting counties and other governmental |
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entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Article 26.05(b), Code of Criminal Procedure, is |
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amended to read as follows: |
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(b) All payments made under this article shall be paid in |
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accordance with a schedule of fees adopted by formal action of the |
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judges of the county courts, statutory county courts, and district |
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courts trying criminal cases in each county. Not later than the |
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90th day before the first day of the county's fiscal year, [On
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adoption of] a schedule of fees for that fiscal year must be adopted |
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and [as provided by this subsection,] a copy of the schedule must |
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[shall] be sent to the commissioners court of the county. |
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SECTION 2. Section 3, Article 42.09, Code of Criminal |
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Procedure, is amended to read as follows: |
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Sec. 3. If a defendant [is] convicted of a felony is [and] |
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sentenced to death or to [,] life [, or a term of more than ten
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years] in the Texas Department of Criminal Justice or is ineligible |
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for release on bail pending appeal under Article 44.04(b) and [he] |
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gives notice of appeal, the defendant [he] shall be transferred to |
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the department on a commitment pending a mandate from the court of |
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appeals or the Court of Criminal Appeals. |
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SECTION 3. The heading to Section 31.092, Election Code, is |
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amended to read as follows: |
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Sec. 31.092. CONTRACT FOR ELECTION SERVICES AUTHORIZED FOR |
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COUNTY ELECTION OFFICER. |
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SECTION 4. Section 31.092, Election Code, is amended by |
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adding Subsection (f) to read as follows: |
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(f) The county election officer may set a deadline for the |
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submission of a request to enter into a contract to perform election |
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services under this section. |
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SECTION 5. The heading to Section 31.093, Election Code, is |
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amended to read as follows: |
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Sec. 31.093. [DUTY TO] CONTRACT FOR ELECTION SERVICES |
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AUTHORIZED FOR COUNTY ELECTIONS ADMINISTRATOR. |
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SECTION 6. Section 31.093, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (c) to read as |
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follows: |
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(a) If requested to do so by a political subdivision or |
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political party, the county elections administrator may [shall] |
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enter into a contract to furnish the election services requested, |
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in accordance with a cost schedule agreed on by the contracting |
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parties. |
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(c) The county elections administrator may set a deadline |
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for the submission of a request to enter into a contract to provide |
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election services under this section. |
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SECTION 7. Section 84.001(d), Election Code, is amended to |
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read as follows: |
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(d) An application must be submitted [by mail] to the early |
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voting clerk for the election who serves the election precinct of |
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the applicant's residence. |
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SECTION 8. Section 84.007(b), Election Code, is amended to |
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read as follows: |
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(b) An application must be submitted to the early voting |
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clerk by: |
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(1) mail; |
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(2) common or contract carrier; [or] |
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(3) telephonic facsimile machine, if a machine is |
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available in the clerk's office; or |
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(4) electronic submission of the application, if |
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authorized by the clerk. |
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SECTION 9. Subchapter B, Chapter 84, Election Code, is |
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amended by adding Section 84.038 to read as follows: |
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Sec. 84.038. CANCELLATION EFFECTIVE FOR SINGLE ELECTION FOR |
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CERTAIN VOTERS. The cancellation of an application for a ballot to |
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be voted by mail under Section 84.032(c), (d), or (e) does not |
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cancel the application with respect to a subsequent election to |
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which the same application applies under Section 86.0015(b). |
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SECTION 10. Section 86.006, Election Code, is amended by |
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amending Subsection (a) and adding Subsection (a-1) to read as |
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follows: |
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(a) A marked ballot voted under this chapter must be |
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returned to the early voting clerk in the official carrier |
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envelope. The carrier envelope may be delivered in another |
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envelope and must be transported and delivered only by: |
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(1) mail; |
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(2) [or by] common or contract carrier; or |
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(3) subject to Subsection (a-1), in-person delivery by |
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the voter who voted the ballot. |
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(a-1) The voter may deliver a marked ballot in person to the |
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early voting clerk's office only while the polls are open on |
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election day. A voter who delivers a marked ballot in person must |
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present an acceptable form of identification described by Section |
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63.0101. |
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SECTION 11. Subchapter B, Chapter 826, Health and Safety |
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Code, is amended by adding Section 826.018 to read as follows: |
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Sec. 826.018. LOCAL RABIES CONTROL PROGRAMS. (a) This |
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section applies to a veterinarian who: |
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(1) is employed by a county; and |
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(2) administers or supervises the administration of |
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rabies vaccine as part of a local rabies control program |
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established by a county or municipality under this chapter. |
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(b) A veterinarian described by Subsection (a) is not |
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required to establish a veterinarian-client-patient relationship |
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before administering rabies vaccine or supervising the |
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administration of rabies vaccine. |
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(c) To the extent of any conflict between this section and |
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any other law or rule relating to the administration of rabies |
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vaccine, this section controls. |
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SECTION 12. Subchapter B, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0375 to read as follows: |
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Sec. 232.0375. ALTERNATIVE ENFORCEMENT; CITATION. (a) As |
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an alternative to an action to recover a civil penalty under Section |
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232.037(a)(3) for the enforcement of a rule or requirement adopted |
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by the commissioners court under this subchapter that prohibits |
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more than one single-family, detached dwelling to be located on |
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each lot, the commissioners court may authorize a county employee |
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to issue a citation to a subdivider for a violation of the rule or |
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requirement. |
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(b) The commissioners court may designate the county |
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employee as a county inspector. |
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(c) The commissioners court may adopt a standard civil |
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penalty, in an amount authorized under Section 232.035(c), to be |
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assessed for the violation for which the citation may be issued by |
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the county employee under Subsection (a), except the penalty amount |
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assessed by each citation may not exceed a total penalty of $10,000. |
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Each day a violation continues or occurs may be considered a |
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separate violation for purposes of imposing a penalty. |
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(d) The county employee may issue subsequent citations to a |
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subdivider for a violation if the subdivider fails to correct the |
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violation for which a citation has been issued. |
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(e) A subdivider who is issued a citation under this section |
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may pay the civil penalty or contest the penalty in justice court. |
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Venue for an action under this subsection is the justice court in |
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the justice precinct in which the violation occurred. |
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(f) A civil penalty recovered under this section shall be |
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deposited in the county treasury to the credit of the general fund. |
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(g) The commissioners court by order may adopt rules to |
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implement this section. |
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SECTION 13. Subchapter C, Chapter 232, Local Government |
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Code, is amended by adding Section 232.0805 to read as follows: |
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Sec. 232.0805. ALTERNATIVE ENFORCEMENT; CITATION. (a) As |
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an alternative to an action to recover a civil penalty under Section |
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232.080(a)(3) for the enforcement of a rule or requirement adopted |
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by the commissioners court under this subchapter that prohibits |
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more than one single-family, detached dwelling to be located on |
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each lot, the commissioners court may authorize a county employee |
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to issue a citation to a subdivider for a violation of the rule or |
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requirement. |
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(b) The commissioners court may designate the county |
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employee as a county inspector. |
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(c) The commissioners court may adopt a standard civil |
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penalty, in an amount authorized under Section 232.079(b), to be |
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assessed for the violation for which the citation may be issued by |
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the county employee under Subsection (a), except the penalty amount |
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assessed by each citation may not exceed a total penalty of $10,000. |
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Each day a violation continues or occurs may be considered a |
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separate violation for purposes of imposing a penalty. |
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(d) The county employee may issue subsequent citations to a |
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subdivider for a violation if the subdivider fails to correct the |
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violation for which a citation has been issued. |
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(e) A subdivider who is issued a citation under this section |
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may pay the civil penalty or contest the penalty in justice court. |
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Venue for an action under this subsection is the justice court in |
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the justice precinct in which the violation occurred. |
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(f) A civil penalty recovered under this section shall be |
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deposited in the county treasury to the credit of the general fund. |
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(g) The commissioners court by order may adopt rules to |
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implement this section. |
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SECTION 14. Section 233.061(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county [with a population
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of over 250,000 or a county adjacent to a county with a population
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of over 250,000] may adopt a fire code and rules necessary to |
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administer and enforce the fire code. |
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SECTION 15. Section 263.251(a), Local Government Code, is |
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amended to read as follows: |
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(a) The commissioners court of a county may adopt a |
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procedure by which the county may: |
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(1) lease to another entity advertising space located: |
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(A) in or on a building or part of a building |
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owned by the county; |
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(B) on personal property [a vehicle] owned by the |
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county; |
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(C) on an official county website; [or] |
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(D) in or on a building or part of a building |
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leased by the county, with the building owner's consent; or |
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(E) on personal property [a vehicle] leased by |
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the county, with the property [vehicle] owner's consent; or |
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(2) sell advertising space located on correspondence |
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distributed by the county through the United States Postal Service. |
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SECTION 16. The heading to Section 271.9051, Local |
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Government Code, is amended to read as follows: |
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Sec. 271.9051. CONSIDERATION OF LOCATION OF BIDDER'S |
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PRINCIPAL PLACE OF BUSINESS IN CERTAIN MUNICIPALITIES AND COUNTIES. |
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SECTION 17. Sections 271.9051(a), (b), and (c), Local |
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Government Code, are amended to read as follows: |
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(a) This section applies only to a municipality or county |
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that is authorized under this title to purchase real property or |
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personal property that is not affixed to real property. |
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(b) In purchasing under this title any real property, |
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personal property that is not affixed to real property, or |
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services, if a municipality or county receives one or more |
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competitive sealed bids from a bidder whose principal place of |
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business is in the municipality or county and whose bid is within |
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five percent of the lowest bid price received by the municipality or |
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county from a bidder who is not a resident of the municipality or |
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county, the municipality or county may enter into a contract for |
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construction services in an amount of less than $100,000 or a |
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contract for other purchases in an amount of less than $500,000 |
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with: |
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(1) the lowest bidder; or |
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(2) the bidder whose principal place of business is in |
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the municipality or county if the governing body of the |
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municipality or county determines, in writing, that the local |
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bidder offers the municipality or county the best combination of |
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contract price and additional economic development opportunities |
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for the municipality or county created by the contract award, |
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including the employment of residents of the municipality or county |
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and increased tax revenues to the municipality or county. |
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(c) This section does not prohibit a municipality or county |
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from rejecting all bids. |
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SECTION 18. Section 72.101(a), Property Code, is amended to |
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read as follows: |
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(a) Except as provided by this section and Sections 72.1015, |
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72.1016, 72.1017, [and] 72.102, and 72.104, personal property is |
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presumed abandoned if, for longer than three years: |
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(1) the existence and location of the owner of the |
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property is unknown to the holder of the property; and |
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(2) according to the knowledge and records of the |
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holder of the property, a claim to the property has not been |
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asserted or an act of ownership of the property has not been |
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exercised. |
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SECTION 19. Subchapter B, Chapter 72, Property Code, is |
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amended by adding Section 72.104 to read as follows: |
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Sec. 72.104. TANGIBLE PERSONAL PROPERTY HELD BY COUNTY. |
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Tangible personal property that is found on county land or in a |
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county park, facility, or right-of-way is presumed abandoned if, |
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for longer than 60 days: |
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(1) the personal property is held by the county; |
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(2) the existence and location of the owner of the |
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personal property is unknown to the county; and |
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(3) according to the knowledge and records of the |
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county, a claim to the personal property has not been asserted or an |
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act of ownership of the personal property has not been exercised. |
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SECTION 20. Section 644.101(c), Transportation Code, is |
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amended to read as follows: |
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(c) A sheriff or a deputy sheriff of a county bordering the |
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United Mexican States or of a county with a population of 700,000 |
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[one million] or more is eligible to apply for certification under |
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this section. |
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SECTION 21. (a) In this section, "task force" means the |
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Task Force to Study Population Growth in Texas established under |
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this section. |
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(b) The Task Force to Study Population Growth in Texas is |
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established for the purposes of assessing the effects of population |
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growth in this state on: |
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(1) housing; |
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(2) businesses in this state; |
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(3) available land resources; and |
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(4) the state's economy. |
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(c) The task force is composed of the following nine |
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members: |
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(1) three state or local officials appointed by the |
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governor; |
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(2) three state or local officials appointed by the |
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lieutenant governor; and |
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(3) three state or local officials appointed by the |
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speaker of the house of representatives. |
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(d) The members of the task force shall elect a presiding |
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officer. |
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(e) The offices of the governor, lieutenant governor, and |
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speaker of the house of representatives shall provide staff support |
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to the task force. |
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(f) The task force shall hold public hearings to achieve the |
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purposes described by Subsection (b). |
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(g) A member of the task force is not entitled to receive |
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compensation for service on the task force but is entitled to |
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reimbursement of the travel expenses incurred by the member while |
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conducting the business of the task force. |
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(h) The task force may accept gifts and grants from any |
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source to be used to carry out a function of the task force. |
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(i) Not later than November 1, 2018, the task force shall |
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submit a final report to the governor, the lieutenant governor, the |
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speaker of the house of representatives, and the appropriate |
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standing committees of the legislature. The report shall include a |
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summary and analysis of: |
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(1) hearings and studies conducted by the task force; |
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(2) legislation proposed by the task force; and |
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(3) other findings and recommendations made by the |
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task force. |
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(j) Not later than December 1, 2019, the governor, the |
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lieutenant governor, and the speaker of the house of |
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representatives shall make the appointments to the task force as |
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described under Subsection (c). |
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(k) The task force is abolished and this section expires |
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August 31, 2021. |
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SECTION 22. (a) Article 26.05(b), Code of Criminal |
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Procedure, as amended by this Act, applies only to the adoption of a |
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schedule of fees for a county fiscal year starting on or after |
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January 1, 2020. |
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(b) Sections 232.0375 and 232.0805, Local Government Code, |
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as added by this Act, apply only to a violation that occurs on or |
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after the effective date of this Act. A violation that occurs |
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before that date is governed by the law in effect on the date the |
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violation occurred, and the former law is continued in effect for |
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that purpose. For purposes of this section, each day a violation |
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continues or occurs is considered a separate violation. |
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(c) Section 271.9051, Local Government Code, as amended by |
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this Act, applies only to a contract for which the initial notice |
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soliciting bids is given on or after the effective date of this Act. |
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A contract for which the initial notice soliciting bids is given |
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before the effective date of this Act is governed by the law in |
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effect when the initial notice is given, and the former law is |
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continued in effect for that purpose. |
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SECTION 23. This Act takes effect September 1, 2017. |