BILL ANALYSIS

 

 

 

C.S.H.B. 4170

By: Leach

Judiciary & Civil Jurisprudence

Committee Report (Substituted)

 

 

 

BACKGROUND AND PURPOSE

 

The Texas Legislative Council is required by law to carry out a nonsubstantive revision of the Texas statutes in an effort to make the statutes more accessible, understandable, and usable without altering the sense, meaning, or effect of the law. C.S.H.B. 4170 seeks to provide such a revision by codifying various statutes, renumbering sections and articles of codes that duplicate other sections and articles, correcting certain references and terminology, and making certain corrections to enacted codes to conform the codes to the source law from which they were derived.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

C.S.H.B. 4170 amends the Agriculture Code, Business & Commerce Code, Business Organizations Code, Code of Criminal Procedure, Education Code, Estates Code, Family Code, Government Code, Health and Safety Code, Human Resources Code, Insurance Code, Local Government Code, Natural Resources Code, Occupations Code, Penal Code, Tax Code, Transportation Code, Utilities Code, and Water Code to make corrections to those codes, conform other laws to those codes, and codify certain other provisions as new provisions within those codes. The bill makes various nonsubstantive amendments, including amendments to conform the codes to acts of previous legislatures, correct references and terminology, properly organize and number the law, and codify other law that properly belongs in those codes.

 

C.S.H.B. 4170 redesignates provisions of certain of those enacted codes, as well as the Election Code, Finance Code, and Special District Local Laws Code, and amends those codes to renumber and reletter accordingly.

 

C.S.H.B. 4170 sets out general provisions relating to the nonsubstantive revision and codification undertaken by the bill's provisions.

 

C.S.H.B. 4170 repeals the following provisions to eliminate duplicate provisions and citations and to conform to certain revisions made by the bill:

·         Section 31.083, Education Code, as added by Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular Session, 2017

·         Chapter 823 (H.B. 1553), Acts of the 85th Legislature, Regular Session, 2017

·         Chapter 472 (H.B. 2263), Acts of the 85th Legislature, Regular Session, 2017

·         Section 58.003(c-3), Family Code, as amended by Chapters 324 (S.B. 1488) and 685 (H.B. 29), Acts of the 85th Legislature, Regular Session, 2017

·         Section 155.201(d), Family Code, as added by Chapters 317 (H.B. 7) and 572 (S.B. 738), Acts of the 85th Legislature, Regular Session, 2017

·         Section 262.201(a-5), Family Code, as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017

·         Section 264.018(d-1), Family Code, as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017

·         Subchapter B-1, Chapter 264, Family Code, as added by Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017

·         Section 434.212, Government Code, as added by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular Session, 2017

·         Section 552.139(d), Government Code, as added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular Session, 2017

·         Section 101.06111, Government Code

·         Section 101.061194, Government Code, as added by Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular Session, 2017

·         Section 101.061194, Government Code, as added by Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular Session, 2017

·         Section 101.08111, Government Code

·         Section 101.081193, Government Code

·         Section 101.081195, Government Code

·         Section 101.10111, Government Code

·         Section 101.101192, Government Code

·         Section 101.12121, Government Code

·         Section 101.12122, Government Code

·         Section 101.1411, Government Code

·         Section 101.143, Government Code

·         Section 103.02101, Government Code

·         Section 103.02714, Government Code

·         Section 103.02715, Government Code

·         Sections 40.040(a) and (b), Human Resources Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, Regular Session, 2017

·         Section 40.0581(f), Human Resources Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, Regular Session, 2017

·         Section 562.110(i), Occupations Code, as added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature, Regular Session, 2017

·         Section 501.072(e), Transportation Code, as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature, Regular Session, 2017

·         Section 522.035, Transportation Code, as added by Chapter 21 (S.B. 128), Acts of the 85th Legislature, Regular Session, 2017

·         Section 11.122(b-1), Water Code, as added by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular Session, 2017

·         Article 4413(34e), Vernon's Texas Civil Statutes

·         Article 1175, Revised Statutes

·         The heading to Chapter 13, Revised Statutes

·         Article 179e-2, Vernon's Texas Civil Statutes

·         Article 6819d, Vernon's Texas Civil Statutes

·         The heading to Title 117, Revised Statutes

·         Chapter 10, Code of Criminal Procedure

·         Section 225.123, Transportation Code, as added by Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular Session, 2017

·         Section 225.123, Transportation Code, as added by Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular Session, 2017

·         Section 225.123, Transportation Code, as added by Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular Session, 2017

·         Section 225.123, Transportation Code, as added by Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular Session, 2017

·         Section 225.124, Transportation Code, as added by Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, Regular Session, 2017

 

EFFECTIVE DATE

 

September 1, 2019.

 

COMPARISON OF ORIGINAL AND SUBSTITUTE

 

C.S.H.B. 4170 differs from the original in minor or nonsubstantive ways to make technical corrections.