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H.B. No. 4170

H.B. No. 4170

AN ACT
relating to nonsubstantive additions to, revisions of, and
corrections in enacted codes, to the nonsubstantive codification or
disposition of various laws omitted from enacted codes, and to
conforming codifications enacted by the 85th Legislature to other
Acts of that legislature.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
ARTICLE 1. GENERAL PROVISIONS
SECTION 1.001. This Act is enacted as part of the state’s
continuing statutory revision program under Chapter 323,
Government Code. This Act is a revision for purposes of Section 43,
Article III, Texas Constitution, and has the purposes of:
(1) codifying without substantive change or providing
for other appropriate disposition of various statutes that were
omitted from enacted codes;
(2) conforming codifications enacted by the 85th
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) revising without substantive change provisions in
enacted codes;
(4) making necessary corrections to enacted codes; and
(5) renumbering or otherwise redesignating titles,
chapters, and sections of codes that duplicate title, chapter, or
section designations.
SECTION 1.002. (a) The repeal of a statute by this Act does
not affect an amendment, revision, or reenactment of the statute by
the 86th Legislature, Regular Session, 2019. The amendment,
revision, or reenactment is preserved and given effect as part of
the code provision that revised the statute so amended, revised, or
reenacted.
(b) If any provision of this Act conflicts with a statute
enacted by the 86th Legislature, Regular Session, 2019, the statute
controls.
SECTION 1.003. (a) A transition or saving provision of a
law codified by this Act applies to the codified law to the same
extent as it applied to the original law.
(b) The repeal of a transition or saving provision by this
Act does not affect the application of the provision to the codified
law.
(c) In this section, “transition provision” includes any
temporary provision providing for a special situation in the
transition period between the existing law and the establishment or
implementation of the new law.
SECTION 1.004. (a) The repeal of a law, including a
validating law, by this Act does not remove, void, or otherwise
affect in any manner a validation under the repealed law. The
validation is preserved and continues to have the same effect that
it would have if the law were not repealed.
(b) Subsection (a) of this section does not diminish the
saving provisions prescribed by Section 311.031, Government Code.
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001. Chapter 77, Agriculture Code, is amended to
conform to Section 9, Chapter 755 (S.B. 1731), Acts of the 85th
Legislature, Regular Session, 2017, to read as follows:
CHAPTER 77. FIRE ANT CONTROL
[SUBCHAPTER A. ERADICATION PROGRAM]
Sec. 77.001. COMMISSIONERS COURT MAY ESTABLISH PROGRAM.
The commissioners court of any county may establish, implement, and
conduct a program for the eradication or control of the imported
fire ant.
Sec. 77.002. COORDINATION WITH OTHER PROGRAMS. The program
established under this chapter may be conducted independently of or
in conjunction with any related program conducted and financed by
private or other public entities.
Sec. 77.003. COST OF PROGRAM. The commissioners court may
expend any available county funds to pay for all or its share of the
cost of a program established under this chapter, including funds
derived from taxation under the 80-cent limitation of Article VIII,
Section 9, of the Texas Constitution.
[SUBCHAPTER B. BASIC RESEARCH PROGRAM]
ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 3.001. Section 17.46(b), Business & Commerce Code,
as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967
(S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017,
is reenacted and amended to read as follows:
(b) Except as provided in Subsection (d) of this section,
the term “false, misleading, or deceptive acts or practices”
includes, but is not limited to, the following acts:
(1) passing off goods or services as those of another;
(2) causing confusion or misunderstanding as to the
source, sponsorship, approval, or certification of goods or
services;
(3) causing confusion or misunderstanding as to
affiliation, connection, or association with, or certification by,
another;
(4) using deceptive representations or designations
of geographic origin in connection with goods or services;
(5) representing that goods or services have
sponsorship, approval, characteristics, ingredients, uses,
benefits, or quantities which they do not have or that a person has
a sponsorship, approval, status, affiliation, or connection which
the person does not;
(6) representing that goods are original or new if
they are deteriorated, reconditioned, reclaimed, used, or
secondhand;
(7) representing that goods or services are of a
particular standard, quality, or grade, or that goods are of a
particular style or model, if they are of another;
(8) disparaging the goods, services, or business of
another by false or misleading representation of facts;
(9) advertising goods or services with intent not to
sell them as advertised;
(10) advertising goods or services with intent not to
supply a reasonable expectable public demand, unless the
advertisements disclosed a limitation of quantity;
(11) making false or misleading statements of fact
concerning the reasons for, existence of, or amount of price
reductions;
(12) representing that an agreement confers or
involves rights, remedies, or obligations which it does not have or
involve, or which are prohibited by law;
(13) knowingly making false or misleading statements
of fact concerning the need for parts, replacement, or repair
service;
(14) misrepresenting the authority of a salesman,
representative or agent to negotiate the final terms of a consumer
transaction;
(15) basing a charge for the repair of any item in
whole or in part on a guaranty or warranty instead of on the value of
the actual repairs made or work to be performed on the item without
stating separately the charges for the work and the charge for the
warranty or guaranty, if any;
(16) disconnecting, turning back, or resetting the
odometer of any motor vehicle so as to reduce the number of miles
indicated on the odometer gauge;
(17) advertising of any sale by fraudulently
representing that a person is going out of business;
(18) advertising, selling, or distributing a card
which purports to be a prescription drug identification card issued
under Section 4151.152, Insurance Code, in accordance with rules
adopted by the commissioner of insurance, which offers a discount
on the purchase of health care goods or services from a third party
provider, and which is not evidence of insurance coverage, unless:
(A) the discount is authorized under an agreement
between the seller of the card and the provider of those goods and
services or the discount or card is offered to members of the
seller;
(B) the seller does not represent that the card
provides insurance coverage of any kind; and
(C) the discount is not false, misleading, or
deceptive;
(19) using or employing a chain referral sales plan in
connection with the sale or offer to sell of goods, merchandise, or
anything of value, which uses the sales technique, plan,
arrangement, or agreement in which the buyer or prospective buyer
is offered the opportunity to purchase merchandise or goods and in
connection with the purchase receives the seller’s promise or
representation that the buyer shall have the right to receive
compensation or consideration in any form for furnishing to the
seller the names of other prospective buyers if receipt of the
compensation or consideration is contingent upon the occurrence of
an event subsequent to the time the buyer purchases the merchandise
or goods;
(20) representing that a guaranty or warranty confers
or involves rights or remedies which it does not have or involve,
provided, however, that nothing in this subchapter shall be
construed to expand the implied warranty of merchantability as
defined in Sections 2.314 through 2.318 and Sections 2A.212 through
2A.216 to involve obligations in excess of those which are
appropriate to the goods;
(21) promoting a pyramid promotional scheme, as
defined by Section 17.461;
(22) representing that work or services have been
performed on, or parts replaced in, goods when the work or services
were not performed or the parts replaced;
(23) filing suit founded upon a written contractual
obligation of and signed by the defendant to pay money arising out
of or based on a consumer transaction for goods, services, loans, or
extensions of credit intended primarily for personal, family,
household, or agricultural use in any county other than in the
county in which the defendant resides at the time of the
commencement of the action or in the county in which the defendant
in fact signed the contract; provided, however, that a violation of
this subsection shall not occur where it is shown by the person
filing such suit that the person neither knew or had reason to know
that the county in which such suit was filed was neither the county
in which the defendant resides at the commencement of the suit nor
the county in which the defendant in fact signed the contract;
(24) failing to disclose information concerning goods
or services which was known at the time of the transaction if such
failure to disclose such information was intended to induce the
consumer into a transaction into which the consumer would not have
entered had the information been disclosed;
(25) using the term “corporation,” “incorporated,” or
an abbreviation of either of those terms in the name of a business
entity that is not incorporated under the laws of this state or
another jurisdiction;
(26) selling, offering to sell, or illegally promoting
an annuity contract under Chapter 22, Acts of the 57th Legislature,
3rd Called Session, 1962 (Article 6228a-5, Vernon’s Texas Civil
Statutes), with the intent that the annuity contract will be the
subject of a salary reduction agreement, as defined by that Act, if
the annuity contract is not an eligible qualified investment under
that Act or is not registered with the Teacher Retirement System of
Texas as required by Section 8A of that Act;
(27) taking advantage of a disaster declared by the
governor under Chapter 418, Government Code, by:
(A) selling or leasing fuel, food, medicine, or
another necessity at an exorbitant or excessive price; or
(B) demanding an exorbitant or excessive price in
connection with the sale or lease of fuel, food, medicine, or
another necessity;
(28) using the translation into a foreign language of
a title or other word, including “attorney,” “immigration
consultant,” “immigration expert,” “lawyer,” “licensed,” “notary,”
and “notary public,” in any written or electronic material,
including an advertisement, a business card, a letterhead,
stationery, a website, or an online video, in reference to a person
who is not an attorney in order to imply that the person is
authorized to practice law in the United States;
(29) delivering or distributing a solicitation in
connection with a good or service that:
(A) represents that the solicitation is sent on
behalf of a governmental entity when it is not; or
(B) resembles a governmental notice or form that
represents or implies that a criminal penalty may be imposed if the
recipient does not remit payment for the good or service;
(30) delivering or distributing a solicitation in
connection with a good or service that resembles a check or other
negotiable instrument or invoice, unless the portion of the
solicitation that resembles a check or other negotiable instrument
or invoice includes the following notice, clearly and conspicuously
printed in at least 18-point type:
“SPECIMEN-NON-NEGOTIABLE”;
(31) in the production, sale, distribution, or
promotion of a synthetic substance that produces and is intended to
produce an effect when consumed or ingested similar to, or in excess
of, the effect of a controlled substance or controlled substance
analogue, as those terms are defined by Section 481.002, Health and
Safety Code:
(A) making a deceptive representation or
designation about the synthetic substance; or
(B) causing confusion or misunderstanding as to
the effects the synthetic substance causes when consumed or
ingested;
(32) a licensed public insurance adjuster directly or
indirectly soliciting employment, as defined by Section 38.01,
Penal Code, for an attorney, or a licensed public insurance
adjuster entering into a contract with an insured for the primary
purpose of referring the insured to an attorney without the intent
to actually perform the services customarily provided by a licensed
public insurance adjuster, provided that this subdivision may not
be construed to prohibit a licensed public insurance adjuster from
recommending a particular attorney to an insured; [or]
(33) owning, operating, maintaining, or advertising a
massage establishment, as defined by Section 455.001, Occupations
Code, that:
(A) is not appropriately licensed under Chapter
455, Occupations Code, or is not in compliance with the applicable
licensing and other requirements of that chapter; or
(B) is not in compliance with an applicable local
ordinance relating to the licensing or regulation of massage
establishments; or
(34) [(33)] a warrantor of a vehicle protection
product warranty using, in connection with the product, a name that
includes “casualty,” “surety,” “insurance,” “mutual,” or any other
word descriptive of an insurance business, including property or
casualty insurance, or a surety business.
ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 4.001. Article 5.07, Code of Criminal Procedure, is
transferred to Chapter 13, Code of Criminal Procedure, and
redesignated as Article 13.38, Code of Criminal Procedure.
SECTION 4.002. Article 5.08, Code of Criminal Procedure, is
amended to conform to the amendment of Article 42A.301, Code of
Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th
Legislature, Regular Session, 2017, to read as follows:
Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES.
Notwithstanding Article 26.13(g) or 42A.301(b)(15) [42A.301(15)],
in a criminal prosecution arising from family violence, as that
term is defined by Section 71.004, Family Code, a court shall not
refer or order the victim or the defendant involved to mediation,
dispute resolution, arbitration, or other similar procedures.
SECTION 4.003. Article 16.22(a), Code of Criminal
Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B.
1849), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted to read as follows:
(a)(1) Not later than 12 hours after the sheriff or
municipal jailer having custody of a defendant for an offense
punishable as a Class B misdemeanor or any higher category of
offense receives credible information that may establish
reasonable cause to believe that the defendant has a mental illness
or is a person with an intellectual disability, the sheriff or
municipal jailer shall provide written or electronic notice to the
magistrate. The notice must include any information related to the
sheriff’s or municipal jailer’s determination, such as information
regarding the defendant’s behavior immediately before, during, and
after the defendant’s arrest and, if applicable, the results of any
previous assessment of the defendant. On a determination that
there is reasonable cause to believe that the defendant has a mental
illness or is a person with an intellectual disability, the
magistrate, except as provided by Subdivision (2), shall order the
local mental health authority, local intellectual and
developmental disability authority, or another qualified mental
health or intellectual disability expert to:
(A) collect information regarding whether the
defendant has a mental illness as defined by Section 571.003,
Health and Safety Code, or is a person with an intellectual
disability as defined by Section 591.003, Health and Safety Code,
including, if applicable, information obtained from any previous
assessment of the defendant and information regarding any
previously recommended treatment; and
(B) provide to the magistrate a written
assessment of the information collected under Paragraph (A) on the
form approved by the Texas Correctional Office on Offenders with
Medical or Mental Impairments under Section 614.0032(b), Health and
Safety Code.
(2) The magistrate is not required to order the
collection of information under Subdivision (1) if the defendant in
the year preceding the defendant’s applicable date of arrest has
been determined to have a mental illness or to be a person with an
intellectual disability by the local mental health authority, local
intellectual and developmental disability authority, or another
mental health or intellectual disability expert described by
Subdivision (1). A court that elects to use the results of that
previous determination may proceed under Subsection (c).
(3) If the defendant fails or refuses to submit to the
collection of information regarding the defendant as required under
Subdivision (1), the magistrate may order the defendant to submit
to an examination in a jail or in another place determined to be
appropriate by the local mental health authority or local
intellectual and developmental disability authority for a
reasonable period not to exceed 72 hours. If applicable, the county
in which the committing court is located shall reimburse the local
mental health authority or local intellectual and developmental
disability authority for the mileage and per diem expenses of the
personnel required to transport the defendant, calculated in
accordance with the state travel regulations in effect at the time.
SECTION 4.004. Articles 18.01(c), (d), (e), (g), (h), and
(j), Code of Criminal Procedure, are amended to correct references
to read as follows:
(c) A search warrant may not be issued under Article
18.02(a)(10) [18.02(10)] unless the sworn affidavit required by
Subsection (b) sets forth sufficient facts to establish probable
cause: (1) that a specific offense has been committed, (2) that the
specifically described property or items that are to be searched
for or seized constitute evidence of that offense or evidence that a
particular person committed that offense, and (3) that the property
or items constituting evidence to be searched for or seized are
located at or on the particular person, place, or thing to be
searched. Except as provided by Subsections (d), (i), and (j), only
a judge of a municipal court of record or a county court who is an
attorney licensed by the State of Texas, a statutory county court
judge, a district court judge, a judge of the Court of Criminal
Appeals, including the presiding judge, a justice of the Supreme
Court of Texas, including the chief justice, or a magistrate with
jurisdiction over criminal cases serving a district court may issue
warrants under Article 18.02(a)(10) [18.02(10)].
(d) Only the specifically described property or items set
forth in a search warrant issued under [Subdivision (10) of]
Article 18.02(a)(10) [18.02 of this code] or property, items or
contraband enumerated in [Subdivisions (1) through (9) or in
Subdivision (12) of] Article 18.02(a)(1), (2), (3), (4), (5), (6),
(7), (8), (9), or (12) [18.02 of this code] may be seized. A
subsequent search warrant may be issued pursuant to [Subdivision
(10) of] Article 18.02(a)(10) [18.02 of this code] to search the
same person, place, or thing subjected to a prior search under
[Subdivision (10) of] Article 18.02(a)(10) [18.02 of this code]
only if the subsequent search warrant is issued by a judge of a
district court, a court of appeals, the court of criminal appeals,
or the supreme court.
(e) A search warrant may not be issued under [Subdivision
(10) of] Article 18.02(a)(10) [18.02 of this code] to search for and
seize property or items that are not described in Article
18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or [Subdivisions
(1) through] (9) [of that article] and that are located in an office
of a newspaper, news magazine, television station, or radio
station, and in no event may property or items not described in
Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or
[Subdivisions (1) through] (9) [of that article] be legally seized
in any search pursuant to a search warrant of an office of a
newspaper, news magazine, television station, or radio station.
(g) A search warrant may not be issued under [Subdivision
(12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn
affidavit required by Subsection (b) of this article sets forth
sufficient facts to establish probable cause that a specific felony
offense has been committed and that the specifically described
property or items that are to be searched for or seized constitute
contraband as defined in Article 59.01 of this code and are located
at or on the particular person, place, or thing to be searched.
(h) Except as provided by Subsection (i) of this article, a
warrant under [Subdivision (12),] Article 18.02(a)(12) [18.02 of
this code] may only be issued by:
(1) a judge of a municipal court of record who is an
attorney licensed by the state;
(2) a judge of a county court who is an attorney
licensed by the state; or
(3) a judge of a statutory county court, district
court, the court of criminal appeals, or the supreme court.
(j) Any magistrate who is an attorney licensed by this state
may issue a search warrant under Article 18.02(a)(10) [18.02(10)]
to collect a blood specimen from a person who:
(1) is arrested for an offense under Section 49.04,
49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and
(2) refuses to submit to a breath or blood alcohol
test.
SECTION 4.005. Article 18.065(a), Code of Criminal
Procedure, is amended to correct a reference to read as follows:
(a) A warrant issued by the judge of a district court under
Article 18.02(a)(10) [18.02(10)] to collect a DNA specimen from a
person for the purpose of connecting that person to an offense may
be executed in any county in this state.
SECTION 4.006. Articles 42A.651(a) and (c), Code of
Criminal Procedure, are amended to conform to the amendment of
Article 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B.
1584), Acts of the 85th Legislature, Regular Session, 2017, to read
as follows:
(a) A judge may not order a defendant to make a payment as a
term or condition of community supervision, except for:
(1) the payment of fines, court costs, or restitution
to the victim;
(2) reimbursement of a county as described by Article
42A.301(b)(11) [42A.301(11)]; or
(3) a payment ordered as a condition that relates
personally to the rehabilitation of the defendant or that is
otherwise expressly authorized by law.
(c) A judge may not impose a condition of community
supervision requiring a defendant to reimburse a county for the
costs of legal services as described by Article 42A.301(b)(11)
[42A.301(11)] if the defendant has already satisfied that
obligation under Article 26.05(g).
SECTION 4.007. Article 42A.751(i), Code of Criminal
Procedure, is amended to conform to the amendment of Article
42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. 1584),
Acts of the 85th Legislature, Regular Session, 2017, to read as
follows:
(i) In a revocation hearing at which it is alleged only that
the defendant violated the conditions of community supervision by
failing to pay community supervision fees or court costs or by
failing to pay the costs of legal services as described by Article
42A.301(b)(11) [42A.301(11)], the state must prove by a
preponderance of the evidence that the defendant was able to pay and
did not pay as ordered by the judge.
SECTION 4.008. Article 42A.756, Code of Criminal Procedure,
is amended to more accurately reflect the source law from which it
was derived to read as follows:
Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a
hearing under Article 42A.751(d), it is an affirmative defense to
revocation for an alleged violation based on a failure to report to
a supervision officer as directed or to remain within a specified
place that no supervision officer, peace officer, or other officer
with the power of arrest under a warrant issued by a judge for that
alleged violation contacted or attempted to contact the defendant
in person at the defendant’s last known residence address or last
known employment address, as reflected in the files of the
department serving the county in which the order of [deferred
adjudication] community supervision was entered.
SECTION 4.009. Article 42A.757(a), Code of Criminal
Procedure, is amended to more accurately reflect the source law
from which it was derived to read as follows:
(a) If a defendant is placed on [deferred adjudication]
community supervision after receiving a grant of deferred
adjudication community supervision for or being convicted of an
offense under Section 21.11, 22.011, or 22.021, Penal Code, at any
time during the period of community supervision, the judge may
extend the period of community supervision as provided by this
article.
SECTION 4.010. Article 43.09(h), Code of Criminal
Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.
1913), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted to read as follows:
(h) The court may order the defendant to perform community
service under Subsection (f):
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the court; or
(C) an educational institution.
SECTION 4.011. Article 45.049(c), Code of Criminal
Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B.
1913), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted to read as follows:
(c) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
SECTION 4.012. (a) Article 45.0492(d), Code of Criminal
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd
Legislature, Regular Session, 2011, and as amended by Chapters 977
(H.B. 351) and 1127 (S.B. 1913), Acts of the 85th Legislature,
Regular Session, 2017, is reenacted to read as follows:
(d) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program;
(G) a tutoring program; or
(H) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
(b) Article 45.0492(d), Code of Criminal Procedure, as
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature,
Regular Session, 2011, and as amended by Chapters 977 (H.B. 351)
and 1127 (S.B. 1913), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted to read as follows:
(d) The justice or judge may order the defendant to perform
community service under this article:
(1) by attending:
(A) a work and job skills training program;
(B) a preparatory class for the high school
equivalency examination administered under Section 7.111,
Education Code;
(C) an alcohol or drug abuse program;
(D) a rehabilitation program;
(E) a counseling program, including a
self-improvement program;
(F) a mentoring program; or
(G) any similar activity; or
(2) for:
(A) a governmental entity;
(B) a nonprofit organization or another
organization that provides services to the general public that
enhance social welfare and the general well-being of the community,
as determined by the justice or judge; or
(C) an educational institution.
SECTION 4.013. The heading to Chapter 46, Code of Criminal
Procedure, is amended to read as follows:
CHAPTER 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND
INTELLECTUAL DISABILITY [INSANITY AS DEFENSE]
SECTION 4.014. Chapter 46A, Code of Criminal Procedure, is
transferred to Chapter 361, Local Government Code, redesignated as
Subchapter Z, Chapter 361, Local Government Code, and amended to
read as follows:
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
[CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS]
Sec. 361.901 [Art. 46A.01]. AIDS AND HIV TESTING IN COUNTY
AND MUNICIPAL JAILS; SEGREGATION[; DISCLOSURE]. (a) In this
section, [article] “AIDS” and “HIV” have the meanings assigned
[those terms] by Section 81.101, Health and Safety Code.
(b) A county or municipality may test an inmate confined in
the county or municipal jail or in a contract facility authorized by
Subchapter F, Chapter 351, or Subchapter E of this chapter [Article
5115d, Revised Statutes, or Article 5115e, Revised Statutes,] to
determine the proper medical treatment of the inmate or the proper
social management of the inmate or other inmates in the jail or
facility.
(c) If the county or municipality determines that an inmate
has a positive test result for AIDS or HIV, the county or
municipality may segregate the inmate from other inmates in the
jail or facility.
(d) This section [article] does not provide a duty to test
for AIDS or HIV, and a cause of action does not arise under this
section [article] from a failure to test for AIDS or HIV.
SECTION 4.015. Article 62.053(a), Code of Criminal
Procedure, as amended by Chapters 329 (H.B. 355) and 924 (S.B.
1553), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(a) Before a person who will be subject to registration
under this chapter is due to be released from a penal institution,
the Texas Department of Criminal Justice or the Texas Juvenile
Justice Department shall determine the person’s level of risk to
the community using the sex offender screening tool developed or
selected under Article 62.007 and assign to the person a numeric
risk level of one, two, or three. Before releasing the person, an
official of the penal institution shall:
(1) inform the person that:
(A) not later than the later of the seventh day
after the date on which the person is released or after the date on
which the person moves from a previous residence to a new residence
in this state or not later than the first date the applicable local
law enforcement authority by policy allows the person to register
or verify registration, the person must register or verify
registration with the local law enforcement authority in the
municipality or county in which the person intends to reside;
(B) not later than the seventh day after the date
on which the person is released or the date on which the person
moves from a previous residence to a new residence in this state,
the person must, if the person has not moved to an intended
residence, report to the applicable entity or entities as required
by Article 62.051(h) or (j) or 62.055(e);
(C) not later than the seventh day before the
date on which the person moves to a new residence in this state or
another state, the person must report in person to the local law
enforcement authority designated as the person’s primary
registration authority by the department and to the juvenile
probation officer, community supervision and corrections
department officer, or parole officer supervising the person;
(D) not later than the 10th day after the date on
which the person arrives in another state in which the person
intends to reside, the person must register with the law
enforcement agency that is identified by the department as the
agency designated by that state to receive registration
information, if the other state has a registration requirement for
sex offenders;
(E) not later than the 30th day after the date on
which the person is released, the person must apply to the
department in person for the issuance of an original or renewal
driver’s license or personal identification certificate and a
failure to apply to the department as required by this paragraph
results in the automatic revocation of any driver’s license or
personal identification certificate issued by the department to the
person;
(F) the person must notify appropriate entities
of any change in status as described by Article 62.057;
(G) certain types of employment are prohibited
under Article 62.063 for a person with a reportable conviction or
adjudication for a sexually violent offense involving a victim
younger than 14 years of age and occurring on or after September 1,
2013; [and]
(H) certain locations of residence are
prohibited under Article 62.064 for a person with a reportable
conviction or adjudication for an offense occurring on or after
September 1, 2017, except as otherwise provided by that article;
and
(I) [(H)] if the person enters the premises of a
school as described by Article 62.065 [62.064] and is subject to the
requirements of that article, the person must immediately notify
the administrative office of the school of the person’s presence
and the person’s registration status under this chapter;
(2) require the person to sign a written statement
that the person was informed of the person’s duties as described by
Subdivision (1) or Subsection (g) or, if the person refuses to sign
the statement, certify that the person was so informed;
(3) obtain the address or, if applicable, a detailed
description of each geographical location where the person expects
to reside on the person’s release and other registration
information, including a photograph and complete set of
fingerprints; and
(4) complete the registration form for the person.
SECTION 4.016. Subsection (g), Article 62.058, Code of
Criminal Procedure, as added by Chapter 924 (S.B. 1553), Acts of the
85th Legislature, Regular Session, 2017, is redesignated as
Subsection (h), Article 62.058, Code of Criminal Procedure, and
amended to correct a reference to read as follows:
(h) [(g)] A local law enforcement authority who provides a
person with a registration form for verification as required by
this chapter shall include with the form a statement and, if
applicable, a description of the person’s duty to provide notice
under Article 62.065 [62.064].
SECTION 4.017. Article 62.064, Code of Criminal Procedure,
as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Article 62.065, Code of
Criminal Procedure.
ARTICLE 5. CHANGES RELATING TO EDUCATION CODE
SECTION 5.001. Section 12.104(b), Education Code, as
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B.
1153), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(b) An open-enrollment charter school is subject to:
(1) a provision of this title establishing a criminal
offense; and
(2) a prohibition, restriction, or requirement, as
applicable, imposed by this title or a rule adopted under this
title, relating to:
(A) the Public Education Information Management
System (PEIMS) to the extent necessary to monitor compliance with
this subchapter as determined by the commissioner;
(B) criminal history records under Subchapter C,
Chapter 22;
(C) reading instruments and accelerated reading
instruction programs under Section 28.006;
(D) accelerated instruction under Section
28.0211;
(E) high school graduation requirements under
Section 28.025;
(F) special education programs under Subchapter
A, Chapter 29;
(G) bilingual education under Subchapter B,
Chapter 29;
(H) prekindergarten programs under Subchapter E
or E-1, Chapter 29;
(I) extracurricular activities under Section
33.081;
(J) discipline management practices or behavior
management techniques under Section 37.0021;
(K) health and safety under Chapter 38;
(L) public school accountability under
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A;
(M) the requirement under Section 21.006 to
report an educator’s misconduct;
(N) intensive programs of instruction under
Section 28.0213;
(O) the right of a school employee to report a
crime, as provided by Section 37.148; [and]
(P) bullying prevention policies and procedures
under Section 37.0832;
(Q) the right of a school under Section 37.0052
to place a student who has engaged in certain bullying behavior in a
disciplinary alternative education program or to expel the student;
[and]
(R) the right under Section 37.0151 to report to
local law enforcement certain conduct constituting assault or
harassment; and
(S) [(P)] a parent’s right to information
regarding the provision of assistance for learning difficulties to
the parent’s child as provided by Sections 26.004(b)(11) and
26.0081(c) and (d).
SECTION 5.002. Section 21.0489(d), Education Code, as added
by Chapters 757 (S.B. 1839) and 837 (H.B. 2039), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(d) The criteria for the course of instruction described by
Subsection (c)(1)(A) shall be developed by the board in
consultation with faculty members who provide instruction at
institutions of higher education in educator preparation programs
for an early childhood through grade six certificate.
SECTION 5.003. Section 31.001, Education Code, as amended
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional
materials selected for use in the public schools shall be furnished
without cost to the students attending those schools. Except as
provided by Section 31.104(d), a school district may not charge a
student for instructional material or technological equipment
purchased by the district with the district’s instructional
materials and technology allotment.
SECTION 5.004. Section 31.005, Education Code, as amended
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS.
An open-enrollment charter school is entitled to the instructional
materials and technology allotment under this chapter and is
subject to this chapter as if the school were a school district.
SECTION 5.005. (a) Section 31.021, Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY
FUND. (a) The state instructional materials and technology fund
consists of:
(1) an amount set aside by the State Board of Education
from the available school fund, in accordance with Section
43.001(d); and
(2) all amounts lawfully paid into the fund from any
other source.
(c) Money in the state instructional materials and
technology fund shall be used to:
(1) fund the instructional materials and technology
allotment, as provided by Section 31.0211;
(2) purchase special instructional materials for the
education of blind and visually impaired students in public
schools;
(3) pay the expenses associated with the instructional
materials adoption and review process under this chapter;
(4) pay the expenses associated with the purchase or
licensing of open education resource instructional material;
(5) pay the expenses associated with the purchase of
instructional material, including intrastate freight and shipping
and the insurance expenses associated with intrastate freight and
shipping;
(6) fund the technology lending grant program
established under Section 32.301;
(7) provide funding to the Texas School for the Blind
and Visually Impaired, the Texas School for the Deaf, and the Texas
Juvenile Justice Department; and
(8) pay the expenses associated with the instructional
materials web portal developed under Section 31.081.
(d) Money transferred to the state instructional materials
and technology fund remains in the fund until spent and does not
lapse to the state at the end of the fiscal year.
(b) Section 32.302(a), Education Code, as added by Chapter
705 (H.B. 3526), Acts of the 85th Legislature, Regular Session,
2017, is amended to conform to Section 4, Chapter 581 (S.B. 810),
Acts of the 85th Legislature, Regular Session, 2017, to read as
follows:
(a) The commissioner may use not more than $25 million from
the state [technology and] instructional materials and technology
fund under Section 31.021 each state fiscal biennium or a different
amount determined by appropriation to administer a grant program
established under this subchapter.
SECTION 5.006. The heading to Section 31.0211, Education
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
to read as follows:
Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT.
SECTION 5.007. Sections 31.0211(a) and (b), Education Code,
as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of
the 85th Legislature, Regular Session, 2017, are reenacted to read
as follows:
(a) A school district is entitled to an allotment each
biennium from the state instructional materials and technology fund
for each student enrolled in the district on a date during the last
year of the preceding biennium specified by the commissioner. The
commissioner shall determine the amount of the allotment per
student each biennium on the basis of the amount of money available
in the state instructional materials and technology fund to fund
the allotment. An allotment under this section shall be
transferred from the state instructional materials and technology
fund to the credit of the district’s instructional materials and
technology account as provided by Section 31.0212.
(b) A juvenile justice alternative education program under
Section 37.011 is entitled to an allotment from the state
instructional materials and technology fund in an amount determined
by the commissioner. The program shall use the allotment to
purchase items listed in Subsection (c) for students enrolled in
the program. The commissioner’s determination under this
subsection is final and may not be appealed.
SECTION 5.008. The heading to Section 31.0212, Education
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
to read as follows:
Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ACCOUNT.
SECTION 5.009. Sections 31.0212(a), (b), (d), and (e),
Education Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B.
3526), Acts of the 85th Legislature, Regular Session, 2017, are
reenacted to read as follows:
(a) The commissioner shall maintain an instructional
materials and technology account for each school district. In the
first year of each biennium, the commissioner shall deposit in the
account for each district the amount of the district’s
instructional materials and technology allotment under Section
31.0211.
(b) The commissioner shall pay the cost of instructional
materials requisitioned by a school district under Section 31.103
using funds from the district’s instructional materials and
technology account.
(d) Money deposited in a school district’s instructional
materials and technology account during each state fiscal biennium
remains in the account and available for use by the district for the
entire biennium. At the end of each biennium, a district with
unused money in the district’s account may carry forward any
remaining balance to the next biennium.
(e) The commissioner shall adopt rules as necessary to
implement this section. The rules must include a requirement that a
school district provide the title and publication information for
any instructional materials requisitioned or purchased by the
district with the district’s instructional materials and
technology allotment.
SECTION 5.010. Section 31.0213, Education Code, as amended
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL
MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall
annually certify to the commissioner that the district’s
instructional materials and technology allotment has been used only
for expenses allowed by Section 31.0211.
SECTION 5.011. Section 31.0214(a), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) Each year the commissioner shall adjust the
instructional materials and technology allotment of school
districts experiencing high enrollment growth. The commissioner
shall establish a procedure for determining high enrollment growth
districts eligible to receive an adjustment under this section and
the amount of the instructional materials and technology allotment
those districts will receive.
SECTION 5.012. The heading to Section 31.0215, Education
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
to read as follows:
Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY
ALLOTMENT PURCHASES.
SECTION 5.013. Sections 31.0215(b) and (c), Education Code,
as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of
the 85th Legislature, Regular Session, 2017, are reenacted to read
as follows:
(b) The commissioner may allow a school district or
open-enrollment charter school to place an order for instructional
materials before the beginning of a fiscal biennium and to receive
instructional materials before payment. The commissioner shall
limit the cost of an order placed under this section to 80 percent
of the estimated amount to which a school district or
open-enrollment charter school is estimated to be entitled as
provided by Subsection (a) and shall first credit any balance in a
district or charter school instructional materials and technology
account to pay for an order placed under this section.
(c) The commissioner shall make payments for orders placed
under this section as funds become available to the instructional
materials and technology fund and shall prioritize payment of
orders placed under this section over reimbursement of purchases
made directly by a school district or open-enrollment charter
school.
SECTION 5.014. Section 31.0231(b), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(b) A school district may select material on the list
adopted under Subsection (a) to be funded by the district’s
instructional materials and technology allotment under Section
31.0211.
SECTION 5.015. Section 31.029(a), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) A school district shall purchase with the district’s
instructional materials and technology allotment or otherwise
acquire instructional materials for use in bilingual education
classes.
SECTION 5.016. Section 31.031(a), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) A school district may purchase with the district’s
instructional materials and technology allotment or otherwise
acquire instructional materials for use in college preparatory
courses under Section 28.014.
SECTION 5.017. Section 31.071(e), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(e) The costs of administering this subchapter and
purchasing state-developed open education resource instructional
materials shall be paid from the state instructional materials and
technology fund, as determined by the commissioner.
SECTION 5.018. Section 31.081(e), Education Code, as added
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(e) The commissioner shall use money in the state
instructional materials and technology fund to pay any expenses
associated with the web portal.
SECTION 5.019. Section 31.083, Education Code, as added by
Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 31.002(1-a),
Education Code, as amended by Chapters 581 (S.B. 810) and 942 (S.B.
1784), Acts of the 85th Legislature, Regular Session, 2017, and
Section 31.083, Education Code, as added by Chapter 581 (S.B. 810),
Acts of the 85th Legislature, Regular Session, 2017.
SECTION 5.020. Section 31.101(f), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(f) The commissioner shall maintain an online requisition
system for school districts to requisition instructional materials
to be purchased with the district’s instructional materials and
technology allotment.
SECTION 5.021. Section 31.151(d), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(d) A penalty collected under this section shall be
deposited to the credit of the state instructional materials and
technology fund.
SECTION 5.022. Section 39.053(c), Education Code, as
amended by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B.
3593), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(c) School districts and campuses must be evaluated based on
three domains of indicators of achievement adopted under this
section that include:
(1) in the student achievement domain, indicators of
student achievement that must include:
(A) for evaluating the performance of districts
and campuses generally:
(i) an indicator that accounts for the
results of assessment instruments required under Sections
39.023(a), (c), and (l), as applicable for the district and campus,
including the results of assessment instruments required for
graduation retaken by a student, aggregated across grade levels by
subject area, including:
(a) for the performance standard
determined by the commissioner under Section 39.0241(a), the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(b) for the college readiness
performance standard as determined under Section 39.0241, the
percentage of students who performed satisfactorily on the
assessment instruments, aggregated across grade levels by subject
area; and
(ii) an indicator that accounts for the
results of assessment instruments required under Section
39.023(b), as applicable for the district and campus, including the
percentage of students who performed satisfactorily on the
assessment instruments, as determined by the performance standard
adopted by the agency, aggregated across grade levels by subject
area; and
(B) for evaluating the performance of high school
campuses and districts that include high school campuses,
indicators that account for:
(i) students who satisfy the Texas Success
Initiative (TSI) college readiness benchmarks prescribed by the
Texas Higher Education Coordinating Board under Section 51.334 on
an assessment instrument in reading or mathematics designated by
the coordinating board under that section;
(ii) students who satisfy relevant
performance standards on advanced placement tests or similar
assessments;
(iii) students who earn dual course credits
in the dual credit courses;
(iv) students who enlist in the armed
forces of the United States;
(v) students who earn industry
certifications;
(vi) students admitted into postsecondary
industry certification programs that require as a prerequisite for
entrance successful performance at the secondary level;
(vii) students whose successful completion
of a course or courses under Section 28.014 indicates the student’s
preparation to enroll and succeed, without remediation, in an
entry-level general education course for a baccalaureate degree or
associate degree;
(viii) students who successfully met
standards on a composite of indicators that through research
indicates the student’s preparation to enroll and succeed, without
remediation, in an entry-level general education course for a
baccalaureate degree or associate degree;
(ix) high school graduation rates, computed
in accordance with standards and definitions adopted in compliance
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.)
subject to the exclusions provided by Subsections (g), (g-1),
(g-2), and (g-3);
(x) students who successfully completed an
OnRamps dual enrollment course; [and]
(xi) [the percentage of] students who
successfully completed a practicum or internship approved by the
State Board of Education; and
(xii) students who are awarded an associate
[associate’s] degree;
(2) in the school progress domain, indicators for
effectiveness in promoting student learning, which must include:
(A) for assessment instruments, including
assessment instruments under Subdivisions (1)(A)(i) and (ii), the
percentage of students who met the standard for improvement, as
determined by the commissioner; and
(B) for evaluating relative performance, the
performance of districts and campuses compared to similar districts
or campuses; and
(3) in the closing the gaps domain, the use of
disaggregated data to demonstrate the differentials among students
from different racial and ethnic groups, socioeconomic
backgrounds, and other factors, including:
(A) students formerly receiving special
education services;
(B) students continuously enrolled; and
(C) students who are mobile.
SECTION 5.023. Section 39.053(g-2), Education Code, as
amended by Chapters 807 (H.B. 22) and 890 (H.B. 3075), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(g-2) In computing completion rates such as high school
graduation rates under Subsection (c)(1)(B)(ix), the commissioner
shall exclude students who:
(1) are at least 18 years of age as of September 1 of
the school year as reported for the fall semester Public Education
Information Management System (PEIMS) submission and have
satisfied the credit requirements for high school graduation;
(2) have not completed their individualized education
program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.);
and
(3) are enrolled and receiving individualized
education program services.
SECTION 5.024. Section 39.101, Education Code, as added by
Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular
Session, 2017, is transferred to Subchapter B, Chapter 39A,
Education Code, redesignated as Section 39A.0545, Education Code,
and amended to conform to the repeal of Subchapter E, Chapter 39,
Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the
85th Legislature, Regular Session, 2017, to read as follows:
Sec. 39A.0545 [39.101]. NEEDS IMPROVEMENT RATING. (a)
Notwithstanding any other law, if a school district or campus is
assigned an overall or domain performance rating of D:
(1) the commissioner shall order the district or
campus to develop and implement a targeted improvement plan
approved by the board of trustees of the district; and
(2) the interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to the district or campus
only as provided by this section.
(b) The interventions and sanctions provided by this
chapter [subchapter] based on failure to satisfy performance
standards under Section 39.054(e) apply to a district or campus
ordered to develop and implement a targeted improvement plan under
Subsection (a) only if the district or campus is assigned:
(1) an overall or domain performance rating of F; or
(2) an overall performance rating of D as provided by
Subsection (c).
(c) If a school district or campus is assigned an overall
performance rating of D for a school year after the district or
campus is ordered to develop and implement a targeted improvement
plan under Subsection (a), the commissioner shall implement
interventions and sanctions that apply to an unacceptable campus
and those interventions and sanctions shall continue for each
consecutive school year thereafter in which the campus is assigned
an overall performance rating of D.
(d) The commissioner shall adopt rules as necessary to
implement this section.
SECTION 5.025. (a) Section 39A.002, Education Code, is
amended to conform to Section 1, Chapter 823 (H.B. 1553), Acts of
the 85th Legislature, Regular Session, 2017, to read as follows:
Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school
district is subject to commissioner action under Section 39A.001,
the commissioner may:
(1) issue public notice of the deficiency to the board
of trustees of the district;
(2) order a hearing to be conducted by the board of
trustees of the district to notify the public of:
(A) the insufficient performance;
(B) the improvements in performance expected by
the agency; and
(C) the interventions and sanctions that may be
imposed under this subchapter if the performance does not improve;
(3) order the preparation of a student achievement
improvement plan that addresses each academic achievement
indicator under Section 39.053(c) for which the district’s
performance is insufficient, the submission of the plan to the
commissioner for approval, and the implementation of the plan;
(4) order a hearing to be held before the commissioner
or the commissioner’s designee at which the president of the board
of trustees of the district and the district’s superintendent shall
appear and explain the district’s low performance, lack of
improvement, and plans for improvement;
(5) arrange a monitoring review of the district;
(6) appoint an agency monitor to participate in and
report to the agency on the activities of the board of trustees of
the district or superintendent;
(7) appoint a conservator to oversee the operations of
the district; [or]
(8) appoint a management team to direct the operations
of the district in areas of insufficient performance or require the
district to obtain certain services under a contract with another
person; or
(9) authorize the district to enter into a memorandum
of understanding with an institution of higher education that
provides for the assistance of the institution of higher education
in improving the district’s performance.
(b) Chapter 823 (H.B. 1553), Acts of the 85th Legislature,
Regular Session, 2017, which amended Sections 39.102(a) and
39.111(c), Education Code, is repealed.
SECTION 5.026. (a) Section 39A.060, Education Code, is
amended to conform to Section 1, Chapter 472 (H.B. 2263), Acts of
the 85th Legislature, Regular Session, 2017, to read as follows:
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING
DUTIES. For each year a campus is assigned an unacceptable
performance rating, the campus intervention team shall:
(1) [continue to work with the campus until:
[(A) the campus satisfies all performance
standards under Section 39.054(e) for a two-year period; or
[(B) the campus satisfies all performance
standards under Section 39.054(e) for a one-year period and the
commissioner determines that the campus is operating and will
continue to operate in a manner that improves student achievement;
[(2)] assist in updating the targeted improvement plan
to identify and analyze areas of growth and areas that require
improvement; and
(2) [(3)] submit each updated targeted improvement
plan described by Subdivision (1) [(2)] to the board of trustees of
the school district.
(b) Section 39A.107, Education Code, is amended to conform
to Section 2, Chapter 472 (H.B. 2263), Acts of the 85th Legislature,
Regular Session, 2017, by adding Subsections (a-1) and (a-2) to
read as follows:
(a-1) Not later than June 15 of each year, the commissioner
shall, in writing, either approve or reject any campus turnaround
plan prepared and submitted to the commissioner by a district. If
the commissioner rejects a campus turnaround plan, the commissioner
must also send the district an outline of the specific concerns
regarding the turnaround plan that resulted in the rejection.
(a-2) If the commissioner rejects a campus turnaround plan,
the district must create a modified plan with assistance from
agency staff and submit the modified plan to the commissioner for
approval not later than the 60th day after the date the commissioner
rejects the campus turnaround plan. The commissioner shall notify
the district in writing of the commissioner’s decision regarding
the modified plan not later than the 15th day after the date the
commissioner receives the modified plan.
(c) Chapter 472 (H.B. 2263), Acts of the 85th Legislature,
Regular Session, 2017, which amended Sections 39.106(e) and 39.107,
Education Code, is repealed.
SECTION 5.027. Section 41.124(c), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(c) A school district that receives tuition for a student
from a school district with a wealth per student that exceeds the
equalized wealth level may not claim attendance for that student
for purposes of Chapters 42 and 46 and the instructional materials
and technology allotment under Section 31.0211.
SECTION 5.028. Section 43.001(d), Education Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(d) Each biennium the State Board of Education shall set
aside an amount equal to 50 percent of the distribution for that
biennium from the permanent school fund to the available school
fund as provided by Section 5(a), Article VII, Texas Constitution,
to be placed, subject to the General Appropriations Act, in the
state instructional materials and technology fund established
under Section 31.021.
SECTION 5.029. Section 61.0664(f), Education Code, is
amended to conform to Section 1.11, Chapter 842 (H.B. 2223), Acts of
the 85th Legislature, Regular Session, 2017, to read as follows:
(f) The board, in consultation with public junior college
districts, shall identify five junior college districts
representative of each of the public junior college district peer
groups as identified by the board, with two selected from the peer
groups of the largest junior college district, and the geographic
diversity of this state for the purpose of implementing a pilot
program to develop and recommend minimum reporting language for
financial and instructional cost information, including
information relating to instruction of persons with intellectual
and developmental disabilities. In consultation with the
Legislative Budget Board, the junior college districts
participating in the program shall study best practices for the
reporting of revenue and costs allocated across the districts and
the practicability of disaggregating financial and instructional
cost information by instructional site within a junior college
district. Participants in the study shall consider the following
data:
(1) the number of contact hours, including those
generated from distance learning;
(2) student attainment of completion milestones as
measured by a performance funding formula established by the
coordinating board under Section 51.340(b) [51.3062(m)];
(3) the total amount of state appropriations, tax
revenue, in-district and out-of-district tuition and fee revenue,
or any other revenue received by the junior college districts and
the rates or methods by which those revenues are collected;
(4) the amount of money expended by the junior college
districts for programs related to the participation, retention, and
graduation of persons with intellectual and developmental
disabilities;
(5) a statement of the total amount of money expended
by the junior college districts;
(6) the number of full-time and adjunct faculty; and
(7) any other relevant data or reporting
methodologies.
SECTION 5.030. Section 61.607(b), Education Code, as
amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(b) The total amount of repayment assistance received by a
mental health professional under this subchapter may not exceed:
(1) $160,000, for assistance from the state received
by a licensed physician;
(2) $80,000, for assistance from the state received
by:
(A) a psychologist;
(B) a licensed clinical social worker, if the
social worker has received a doctoral degree related to social
work;
(C) a licensed professional counselor, if the
counselor has received a doctoral degree related to counseling; or
(D) a licensed marriage and family therapist, if
the marriage and family therapist has received a doctoral degree
related to marriage and family therapy;
(3) $60,000, for assistance from the state received by
an advanced practice registered nurse;
(4) $40,000, for assistance from the state received by
a licensed clinical social worker, a licensed marriage and family
therapist, or a licensed professional counselor who is not
described by Subdivision (2); and
(5) $10,000, for assistance from the state received by
a licensed chemical dependency counselor, if the chemical
dependency counselor has received an associate degree related to
chemical dependency counseling or behavioral science.
ARTICLE 6. CHANGES RELATING TO ESTATES CODE
SECTION 6.001. Section 752.113(c), Estates Code, is amended
to correct a typographical error to read as follows:
(c) Unless the principal has granted the authority to create
or change a beneficiary designation expressly as required by
Section 751.031(b)(4), an agent may be named a beneficiary under a
retirement plan only to the extent the agent was [a] named a
beneficiary by the principal under the retirement plan, or in the
case of a rollover or trustee-to-trustee transfer, the predecessor
retirement plan.
ARTICLE 7. CHANGES RELATING TO FAMILY CODE
SECTION 7.001. 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, is repealed to conform to the
repeal of Section 58.003, Family Code, by Chapter 746 (S.B. 1304),
Acts of the 85th Legislature, Regular Session, 2017.
SECTION 7.002. Section 58.252, Family Code, is amended to
correct a reference to read as follows:
Sec. 58.252. EXEMPTED RECORDS. The following records are
exempt from this subchapter:
(1) records relating to a criminal combination or
criminal street gang maintained by the Department of Public Safety
or a local law enforcement agency under Chapter 67 [61], Code of
Criminal Procedure;
(2) sex offender registration records maintained by
the Department of Public Safety or a local law enforcement agency
under Chapter 62, Code of Criminal Procedure; and
(3) records collected or maintained by the Texas
Juvenile Justice Department for statistical and research purposes,
including data submitted under Section 221.007, Human Resources
Code, and personally identifiable information.
SECTION 7.003. 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, is repealed as duplicative of
Section 155.201(d), Family Code, as added by Chapter 910 (S.B.
999), Acts of the 85th Legislature, Regular Session, 2017.
SECTION 7.004. (a) Section 262.201(a), Family Code, as
amended by Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) In a suit filed under Section 262.101 or 262.105, unless
the child has already been returned to the parent, managing
conservator, possessory conservator, guardian, caretaker, or
custodian entitled to possession and the temporary order, if any,
has been dissolved, a full adversary hearing shall be held not later
than the 14th day after the date the child was taken into possession
by the governmental entity, unless the court grants an extension
under Subsection (e) or (e-1).
(b) Section 262.201(e-1), Family Code, as added by Chapter
910 (S.B. 999), Acts of the 85th Legislature, Regular Session,
2017, is amended to conform to Section 262.201(a-5), Family Code,
as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature,
Regular Session, 2017, to read as follows:
(e-1) If a parent who is not indigent appears in opposition
to the suit, the court may, for good cause shown, postpone the full
adversary hearing for not more than seven days from the date of the
parent’s appearance to allow the parent to hire an attorney or to
provide the parent’s attorney time to respond to the petition and
prepare for the hearing. A postponement under this subsection is
subject to the limits and requirements prescribed by Subsection (e)
and Section 155.207.
(c) Section 262.201(a-5), Family Code, as added by Chapter
317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017,
is repealed as duplicative of Section 262.201(e-1), Family Code, as
added by Chapter 910 (S.B. 999), Acts of the 85th Legislature,
Regular Session, 2017.
SECTION 7.005. Section 264.018(d-1), Family Code, as added
by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 264.018(d-1),
Family Code, as added by Chapter 319 (S.B. 11), Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 7.006. (a) Subchapter B-1, Chapter 264, Family
Code, as added by Chapter 319 (S.B. 11), Acts of the 85th
Legislature, Regular Session, 2017, is amended to conform to
Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular
Session, 2017, by adding Section 264.170, Family Code, to read as
follows:
Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM
CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that
contracts with the department to provide services as a single
source continuum contractor under this subchapter is considered to
be a charitable organization for the purposes of Chapter 84, Civil
Practice and Remedies Code, with respect to the provision of those
services, and that chapter applies to the entity and any person who
is an employee or volunteer of the entity.
(b) The limitations on liability provided by this section
apply:
(1) only to an act or omission by the entity or person,
as applicable, that occurs while the entity or person is acting
within the course and scope of the entity’s contract with the
department and the person’s duties for the entity; and
(2) only if insurance coverage in the minimum amounts
required by Chapter 84, Civil Practice and Remedies Code, is in
force and effect at the time a cause of action for personal injury,
death, or property damage accrues.
(b) Subchapter B-1, Chapter 264, Family Code, as added by
Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular
Session, 2017, is repealed.
SECTION 7.007. Section 265.005(b), Family Code, as amended
by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
(b) A strategic plan required under this section must:
(1) identify methods to leverage other sources of
funding or provide support for existing community-based prevention
efforts;
(2) include a needs assessment that identifies
programs to best target the needs of the highest risk populations
and geographic areas;
(3) identify the goals and priorities for the
department’s overall prevention efforts;
(4) report the results of previous prevention efforts
using available information in the plan;
(5) identify additional methods of measuring program
effectiveness and results or outcomes;
(6) identify methods to collaborate with other state
agencies on prevention efforts;
(7) identify specific strategies to implement the plan
and to develop measures for reporting on the overall progress
toward the plan’s goals; [and]
(8) identify strategies and goals for increasing the
number of families receiving prevention and early intervention
services each year, subject to the availability of funds, to reach
targets set by the department for providing services to families
that are eligible to receive services through parental education,
family support, and community-based programs financed with
federal, state, local, or private resources; and
(9) [(8)] identify specific strategies to increase
local capacity for the delivery of prevention and early
intervention services through collaboration with communities and
stakeholders.
ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE
PART A. GENERAL CHANGES
SECTION 8.001. Section 54.658(d), Government Code, is
amended to correct a reference to read as follows:
(d) A magistrate does not have authority under Article
18.01(c), Code of Criminal Procedure, to issue a subsequent search
warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal
Procedure.
SECTION 8.002. Sections 54.906(a) and (c), Government Code,
are amended to correct references to read as follows:
(a) A judge may refer to a magistrate any criminal case for
proceedings involving:
(1) a bond forfeiture;
(2) a pretrial motion;
(3) a postconviction writ of habeas corpus;
(4) an examining trial;
(5) the issuance of search warrants, including a
search warrant under Article 18.02(a)(10) [18.02(10)], Code of
Criminal Procedure, notwithstanding Article 18.01(c), Code of
Criminal Procedure;
(6) the setting of bonds;
(7) the arraignment of defendants; and
(8) any other matter the judge considers necessary and
proper, including a plea of guilty or nolo contendere from a
defendant charged with:
(A) a felony offense;
(B) a misdemeanor offense when charged with both
a misdemeanor offense and a felony offense; or
(C) a misdemeanor offense.
(c) Subsection (a)(5) does not apply to the issuance of a
subsequent search warrant under Article 18.02(a)(10) [18.02(10)],
Code of Criminal Procedure.
SECTION 8.003. Section 54.908, Government Code, is amended
to correct references to read as follows:
Sec. 54.908. POWERS. (a) Except as limited by an order of
referral, a magistrate to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on a pretrial motion;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) accept a plea of guilty or nolo contendere from a
defendant charged with:
(A) a felony offense;
(B) a misdemeanor offense when charged with both
a misdemeanor offense and a felony offense; or
(C) a misdemeanor offense;
(14) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant under Article
18.02(a)(10) [18.02(10)], Code of Criminal Procedure; and
(15) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
(b) A magistrate does not have authority under Subsection
(a)(14) to issue a subsequent search warrant under Article
18.02(a)(10) [18.02(10)], Code of Criminal Procedure.
SECTION 8.004. Sections 54.978(a) and (d), Government Code,
are amended to correct references to read as follows:
(a) Except as limited by an order of referral, a magistrate
to whom a case or matter related to a criminal case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine witnesses;
(7) swear witnesses for hearings;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) in any case referred under Section 54.976(a)(1):
(A) accept a negotiated plea of guilty;
(B) enter a finding of guilt and impose or
suspend sentence; or
(C) defer adjudication of guilty;
(14) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant under Article
18.02(a)(10) [18.02(10)], Code of Criminal Procedure;
(15) notwithstanding Article 18.01(h), Code of
Criminal Procedure, issue a search warrant under Article
18.02(a)(12) [18.02(12)], Code of Criminal Procedure; and
(16) do any act and take any measure necessary and
proper for the efficient performance of the duties required by the
order of referral.
(d) A magistrate does not have authority under Subsection
(a)(14) to issue a subsequent search warrant under Article
18.02(a)(10) [18.02(10)], Code of Criminal Procedure.
SECTION 8.005. Section 54A.006(a), Government Code, is
amended to correct a reference to read as follows:
(a) A judge may refer to an associate judge any matter
arising out of a criminal case involving:
(1) a negotiated plea of guilty or no contest before
the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a writ of habeas corpus;
(5) an examining trial;
(6) an occupational driver’s license;
(7) an appeal of an administrative driver’s license
revocation hearing;
(8) a civil commitment matter under Subtitle C, Title
7, Health and Safety Code;
(9) setting, adjusting, or revoking bond;
(10) the issuance of search warrants, including a
search warrant under Article 18.02(a)(10) [18.02(10)], Code of
Criminal Procedure, notwithstanding Article 18.01(c), Code of
Criminal Procedure; and
(11) any other matter the judge considers necessary
and proper.
SECTION 8.006. Section 54A.008(a), Government Code, is
amended to correct a reference to read as follows:
(a) Except as limited by an order of referral, an associate
judge to whom a case is referred may:
(1) conduct hearings;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be
made in a case;
(12) regulate proceedings in a hearing;
(13) order the attachment of a witness or party who
fails to obey a subpoena;
(14) accept a plea of guilty from a defendant charged
with misdemeanor, felony, or both misdemeanor and felony offenses;
(15) select a jury;
(16) notwithstanding Article 18.01(c), Code of
Criminal Procedure, issue a search warrant, including a search
warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal
Procedure; and
(17) take action as necessary and proper for the
efficient performance of the duties required by the order of
referral.
SECTION 8.007. Section 124.001(b), Government Code, as
amended by Chapters 693 (H.B. 322) and 889 (H.B. 3069), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(b) If a defendant who was arrested for or charged with, but
not convicted of or placed on deferred adjudication community
supervision for, an offense successfully completes a veterans
treatment court program, after notice to the attorney representing
the state and a hearing in the veterans treatment court at which
that court determines that a dismissal is in the best interest of
justice, the veterans treatment court shall provide to the court in
which the criminal case is pending information about the dismissal
and shall include all of the information required about the
defendant for a petition for expunction under Section 2(b), Article
55.02, Code of Criminal Procedure. The court in which the criminal
case is pending shall dismiss the case against the defendant and:
(1) if that trial court is a district court, the court
may, with the consent of the attorney representing the state, enter
an order of expunction on behalf of the defendant under Section
1a(a-1), Article 55.02, Code of Criminal Procedure; or
(2) if that trial court is not a district court, the
court may, with the consent of the attorney representing the state,
forward the appropriate dismissal and expunction information to
enable a district court with jurisdiction to enter an order of
expunction on behalf of the defendant under Section 1a(a-1),
Article 55.02, Code of Criminal Procedure.
SECTION 8.008. Section 325.025(b), Government Code, as
amended by Chapters 975 (S.B. 2262) and 1046 (H.B. 1920), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(b) This section applies to the:
(1) Angelina and Neches River Authority;
(2) Bandera County River Authority and Groundwater
District;
(3) Brazos River Authority;
(4) Guadalupe-Blanco River Authority;
(5) Lavaca-Navidad River Authority;
(6) Lower Colorado River Authority;
(7) Lower Neches Valley Authority;
(8) Nueces River Authority;
(9) Red River Authority of Texas;
(10) Sabine River Authority of Texas;
(11) San Antonio River Authority;
(12) San Jacinto River Authority;
(13) Sulphur River Basin Authority;
(14) Trinity River Authority of Texas;
(15) Upper Colorado River Authority; and
(16) Upper Guadalupe River Authority.
SECTION 8.009. Section 403.093(d), Government Code, as
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(d) The comptroller shall transfer from the general revenue
fund to the foundation school fund an amount of money necessary to
fund the foundation school program as provided by Chapter 42,
Education Code. The comptroller shall make the transfers in
installments as necessary to comply with Section 42.259, Education
Code, and permit the Texas Education Agency, to the extent
authorized by the General Appropriations Act, to make temporary
transfers from the foundation school fund for payment of the
instructional materials and technology allotment under Section
31.0211, Education Code. Unless an earlier date is necessary for
purposes of temporary transfers for payment of the instructional
materials and technology allotment, an installment must be made not
earlier than two days before the date an installment to school
districts is required by Section 42.259, Education Code, and must
not exceed the amount necessary for that payment and any temporary
transfers for payment of the instructional materials and technology
allotment.
SECTION 8.010. Section 411.0765(b), Government Code, is
amended to correct a typographical error to read as follows:
(b) A criminal justice agency may disclose criminal history
record information that is the subject of an order of nondisclosure
of criminal history record information under this subchapter to the
following noncriminal justice agencies or entities only:
(1) the State Board for Educator Certification;
(2) a school district, charter school, private school,
regional education service center, commercial transportation
company, or education shared services [service] arrangement;
(3) the Texas Medical Board;
(4) the Texas School for the Blind and Visually
Impaired;
(5) the Board of Law Examiners;
(6) the State Bar of Texas;
(7) a district court regarding a petition for name
change under Subchapter B, Chapter 45, Family Code;
(8) the Texas School for the Deaf;
(9) the Department of Family and Protective Services;
(10) the Texas Juvenile Justice Department;
(11) the Department of Assistive and Rehabilitative
Services;
(12) the Department of State Health Services, a local
mental health service, a local intellectual and developmental
disability authority, or a community center providing services to
persons with mental illness or intellectual or developmental
disabilities;
(13) the Texas Private Security Board;
(14) a municipal or volunteer fire department;
(15) the Texas Board of Nursing;
(16) a safe house providing shelter to children in
harmful situations;
(17) a public or nonprofit hospital or hospital
district, or a facility as defined by Section 250.001, Health and
Safety Code;
(18) the securities commissioner, the banking
commissioner, the savings and mortgage lending commissioner, the
consumer credit commissioner, or the credit union commissioner;
(19) the Texas State Board of Public Accountancy;
(20) the Texas Department of Licensing and Regulation;
(21) the Health and Human Services Commission;
(22) the Department of Aging and Disability Services;
(23) the Texas Education Agency;
(24) the Judicial Branch Certification Commission;
(25) a county clerk’s office in relation to a
proceeding for the appointment of a guardian under Title 3, Estates
Code;
(26) the Department of Information Resources but only
regarding an employee, applicant for employment, contractor,
subcontractor, intern, or volunteer who provides network security
services under Chapter 2059 to:
(A) the Department of Information Resources; or
(B) a contractor or subcontractor of the
Department of Information Resources;
(27) the Texas Department of Insurance;
(28) the Teacher Retirement System of Texas;
(29) the Texas State Board of Pharmacy;
(30) the Texas Civil Commitment Office;
(31) a bank, savings bank, savings and loan
association, credit union, or mortgage banker, a subsidiary or
affiliate of those entities, or another financial institution
regulated by a state regulatory entity listed in Subdivision (18)
or by a corresponding federal regulatory entity, but only regarding
an employee, contractor, subcontractor, intern, or volunteer of or
an applicant for employment by that bank, savings bank, savings and
loan association, credit union, mortgage banker, subsidiary or
affiliate, or financial institution; and
(32) an employer that has a facility that handles or
has the capability of handling, transporting, storing, processing,
manufacturing, or controlling hazardous, explosive, combustible,
or flammable materials, if:
(A) the facility is critical infrastructure, as
defined by 42 U.S.C. Section 5195c(e), or the employer is required
to submit to a risk management plan under Section 112(r) of the
federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and
(B) the information concerns an employee,
applicant for employment, contractor, or subcontractor whose
duties involve or will involve the handling, transporting, storing,
processing, manufacturing, or controlling hazardous, explosive,
combustible, or flammable materials and whose background is
required to be screened under a federal provision described by
Paragraph (A).
SECTION 8.011. (a) Section 423.0045(a)(1), Government
Code, as amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
to read as follows:
(1) “Correctional facility” means:
(A) a confinement facility operated by or under
contract with any division of the Texas Department of Criminal
Justice;
(B) a municipal or county jail;
(C) a confinement facility operated by or under
contract with the Federal Bureau of Prisons; or
(D) a secure correctional facility or secure
detention facility, as defined by Section 51.02, Family Code.
(b) Section 423.0045(a)(1-a), Government Code, as added by
Chapter 1010 (H.B. 1424), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted to conform to the changes made to
Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B.
1643), Acts of the 85th Legislature, Regular Session, 2017, to read
as follows:
(1-a) “Critical infrastructure facility” means:
(A) one of the following, if completely enclosed
by a fence or other physical barrier that is obviously designed to
exclude intruders, or if clearly marked with a sign or signs that
are posted on the property, are reasonably likely to come to the
attention of intruders, and indicate that entry is forbidden:
(i) a petroleum or alumina refinery;
(ii) an electrical power generating
facility, substation, switching station, or electrical control
center;
(iii) a chemical, polymer, or rubber
manufacturing facility;
(iv) a water intake structure, water
treatment facility, wastewater treatment plant, or pump station;
(v) a natural gas compressor station;
(vi) a liquid natural gas terminal or
storage facility;
(vii) a telecommunications central
switching office or any structure used as part of a system to
provide wired or wireless telecommunications services;
(viii) a port, railroad switching yard,
trucking terminal, or other freight transportation facility;
(ix) a gas processing plant, including a
plant used in the processing, treatment, or fractionation of
natural gas;
(x) a transmission facility used by a
federally licensed radio or television station;
(xi) a steelmaking facility that uses an
electric arc furnace to make steel;
(xii) a dam that is classified as a high
hazard by the Texas Commission on Environmental Quality; or
(xiii) a concentrated animal feeding
operation, as defined by Section 26.048, Water Code; or
(B) if enclosed by a fence or other physical
barrier obviously designed to exclude intruders:
(i) any portion of an aboveground oil, gas,
or chemical pipeline;
(ii) an oil or gas drilling site;
(iii) a group of tanks used to store crude
oil, such as a tank battery;
(iv) an oil, gas, or chemical production
facility;
(v) an oil or gas wellhead; or
(vi) any oil and gas facility that has an
active flare.
SECTION 8.012. Section 423.0045(c), Government Code, as
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(c) This section does not apply to:
(1) conduct described by Subsection (b) that involves
a correctional facility, detention facility, or critical
infrastructure facility and is committed by:
(A) the federal government, the state, or a
governmental entity;
(B) a person under contract with or otherwise
acting under the direction or on behalf of the federal government,
the state, or a governmental entity;
(C) a law enforcement agency;
(D) a person under contract with or otherwise
acting under the direction or on behalf of a law enforcement agency;
or
(E) an operator of an unmanned aircraft that is
being used for a commercial purpose, if the operation is conducted
in compliance with:
(i) each applicable Federal Aviation
Administration rule, restriction, or exemption; and
(ii) all required Federal Aviation
Administration authorizations; or
(2) conduct described by Subsection (b) that involves
a critical infrastructure facility and is committed by:
(A) an owner or operator of the critical
infrastructure facility;
(B) a person under contract with or otherwise
acting under the direction or on behalf of an owner or operator of
the critical infrastructure facility;
(C) a person who has the prior written consent of
the owner or operator of the critical infrastructure facility; or
(D) the owner or occupant of the property on
which the critical infrastructure facility is located or a person
who has the prior written consent of the owner or occupant of that
property.
SECTION 8.013. Section 434.212, Government Code, as added
by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 434.214,
Government Code, as added by Chapter 579 (S.B. 805), Acts of the
85th Legislature, Regular Session, 2017.
SECTION 8.014. Section 531.02013, Government Code, as
amended by Chapters 316 (H.B. 5), 319 (S.B. 11), and 1136 (H.B.
249), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES.
The following functions are not subject to transfer under Sections
531.0201 and 531.02011:
(1) the functions of the Department of Family and
Protective Services, including the statewide intake of reports and
other information, related to the following:
(A) child protective services, including
services that are required by federal law to be provided by this
state’s child welfare agency;
(B) adult protective services, other than
investigations of the alleged abuse, neglect, or exploitation of an
elderly person or person with a disability:
(i) in a facility operated, or in a facility
or by a person licensed, certified, or registered, by a state
agency; or
(ii) by a provider that has contracted to
provide home and community-based services;
(C) prevention and early intervention services;
and
(D) investigations of alleged abuse, neglect, or
exploitation occurring at a child-care facility, including a
residential child-care facility, as those terms are defined by
Section 42.002, Human Resources Code; and
[(D) investigations of alleged abuse, neglect,
or exploitation occurring at a child-care facility, as that term is
defined in Section 40.042, Human Resources Code; and]
(2) the public health functions of the Department of
State Health Services, including health care data collection and
maintenance of the Texas Health Care Information Collection
program.
SECTION 8.015. Section 552.139(d), Government Code, as
added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 552.139(d),
Government Code, as added by Chapter 1042 (H.B. 1861), Acts of the
85th Legislature, Regular Session, 2017.
SECTION 8.016. Section 2054.516, Government Code, as added
by Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted and amended to
read as follows:
Sec. 2054.516. DATA SECURITY PLAN FOR ONLINE AND MOBILE
APPLICATIONS. (a) Each state agency, other than an institution of
higher education subject to Section 2054.517, implementing an
Internet website or mobile application that processes any sensitive
personal or personally identifiable information or confidential
information must:
(1) submit a biennial data security plan to the
department not later than October 15 of each even-numbered year to
establish planned beta testing for the website or application; and
(2) subject the website or application to a
vulnerability and penetration test and address any vulnerability
identified in the test.
(b) The department shall review each data security plan
submitted under Subsection (a) and make any recommendations for
changes to the plan to the state agency as soon as practicable after
the department reviews the plan.
PART B. UPDATE OF COURT FEES AND COSTS
SECTION 8.101. Section 101.021, Government Code, is amended
to conform to Section 5.01, Chapter 912 (S.B. 1329), Acts of the
85th Legislature, Regular Session, 2017, to read as follows:
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of the supreme court shall collect fees and costs
as follows:
(1) application for petition for review (Sec. 51.005,
Government Code) . . . $50;
(2) additional fee if application for petition for
review is granted (Sec. 51.005, Government Code) . . . $75;
(3) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the supreme court (Sec. 51.005, Government Code)
. . . $50;
(4) additional fee if a motion under Subdivision (3)
is granted (Sec. 51.005, Government Code) . . . $75;
(5) certified question from a federal court of appeals
to the supreme court (Sec. 51.005, Government Code) . . . $75;
(6) case appealed to the supreme court from the
district court by direct appeal (Sec. 51.005, Government Code)
. . . $100;
(7) any other proceeding filed in the supreme court
(Sec. 51.005, Government Code) . . . $75;
(8) administering an oath and giving a sealed
certificate of the oath (Sec. 51.005, Government Code) . . . $5;
(9) making certain copies, including certificate and
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if
more than 10 pages;
(10) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.005, Government
Code) . . . reasonable amount set by order or rule of supreme court;
(10-a) supreme court support account filing fee (Sec.
51.0051, Government Code) . . . amount set by the supreme court,
not to exceed $50;
(11) issuance of attorney’s license or certificate
(Sec. 51.006, Government Code) . . . $25 [$10];
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government Code) . . . $25;
and
(13) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $30.
SECTION 8.102. (a) Section 101.0611, Government Code, as
effective September 1, 2019, is amended to read as follows:
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a district court shall collect fees and costs
under the Government Code as follows:
(1) appellate judicial system filing fees for:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) when administering a case for the Rockwall County
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and
court costs as if the case had been filed in district court;
(3) additional filing fees:
(A) for each suit filed for insurance contingency
fund, if authorized by the county commissioners court (Sec. 51.302,
Government Code) . . . not to exceed $5;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(E) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15;
(F) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(G) to fund the construction, renovation, or
improvement of Hidalgo County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of Hidalgo County court facilities, if
authorized by the county commissioners court (Sec. 51.711,
Government Code) . . . not more than $20; [and]
(H) to fund the construction, renovation, or
improvement of Cameron County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of Cameron County court facilities, if
authorized by the county commissioners court (Sec. 51.711,
Government Code) . . . not more than $20;
(I) to fund the construction, renovation, or
improvement of Willacy County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Willacy County
court facilities, if authorized by the county commissioners court
(Sec. 51.713, Government Code) . . . not more than $20;
(J) to fund the construction, renovation, or
improvement of Starr County court facilities, if authorized by the
county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Starr County court
facilities, if authorized by the county commissioners court (Sec.
51.713, Government Code) . . . not more than $20; and
(K) to fund judicial and court personnel training
(Sec. 51.971, Government Code) . . . $5;
(4) for filing a suit, including an appeal from an
inferior court:
(A) for a suit with 10 or fewer plaintiffs (Sec.
51.317, Government Code) . . . $50;
(B) for a suit with at least 11 but not more than
25 plaintiffs (Sec. 51.317, Government Code) . . . $75;
(C) for a suit with at least 26 but not more than
100 plaintiffs (Sec. 51.317, Government Code) . . . $100;
(D) for a suit with at least 101 but not more than
500 plaintiffs (Sec. 51.317, Government Code) . . . $125;
(E) for a suit with at least 501 but not more than
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or
(F) for a suit with more than 1,000 plaintiffs
(Sec. 51.317, Government Code) . . . $200;
(5) for filing a cross-action, counterclaim,
intervention, contempt action, motion for new trial, or third-party
petition (Sec. 51.317, Government Code) . . . $15;
(6) for issuing a citation or other writ or process not
otherwise provided for, including one copy, when requested at the
time a suit or action is filed (Sec. 51.317, Government Code) . . .
$8;
(7) for records management and preservation (Sec.
51.317, Government Code) . . . $10;
(7-a) for district court records archiving, if adopted
by the county commissioners court (Sec. 51.317(b)(5), Government
Code) . . . not more than $5;
(8) for issuing a subpoena, including one copy (Sec.
51.318, Government Code) . . . $8;
(9) for issuing a citation, commission for deposition,
writ of execution, order of sale, writ of execution and order of
sale, writ of injunction, writ of garnishment, writ of attachment,
or writ of sequestration not provided for in Section 51.317, or any
other writ or process not otherwise provided for, including one
copy if required by law (Sec. 51.318, Government Code) . . . $8;
(10) for searching files or records to locate a cause
when the docket number is not provided (Sec. 51.318, Government
Code) . . . $5;
(11) for searching files or records to ascertain the
existence of an instrument or record in the district clerk’s office
(Sec. 51.318, Government Code) . . . $5;
(12) for abstracting a judgment (Sec. 51.318,
Government Code) . . . $8;
(13) for approving a bond (Sec. 51.318, Government
Code) . . . $4;
(14) for a certified copy of a record, judgment,
order, pleading, or paper on file or of record in the district
clerk’s office, including certificate and seal, for each page or
part of a page (Sec. 51.318, Government Code) . . . not to exceed
$1;
(15) for a noncertified copy, for each page or part of
a page (Sec. 51.318, Government Code) . . . not to exceed $1;
(16) fee for performing a service:
(A) related to the matter of the estate of a
deceased person (Sec. 51.319, Government Code) . . . the same fee
allowed the county clerk for those services;
(B) related to the matter of a minor (Sec.
51.319, Government Code) . . . the same fee allowed the county
clerk for the service;
(C) of serving process by certified or registered
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or
constable is authorized to charge for the service under Section
118.131, Local Government Code;
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
and
(E) related to a matter filed in a statutory
county court (Sec. 51.319, Government Code) . . . the same fees
allowed the district clerk for those services in the district
court;
(17) jury fee (Sec. 51.604, Government Code) . . .
$40;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code (Sec. 51.961, Government Code) . . . not to exceed $15;
(19) at a hearing held by an associate judge appointed
under Subchapter B, Chapter 54A, Government Code, a court cost to
preserve the record, in the absence of a court reporter, by any
means approved by the associate judge (Sec. 54A.110, Government
Code) . . . as assessed by the referring court or associate judge;
and
(20) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $30.
(b) The following provisions are repealed:
(1) Section 101.06111, Government Code;
(2) Section 101.061194, Government Code, as added by
Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular
Session, 2017; and
(3) Section 101.061194, Government Code, as added by
Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular
Session, 2017.
SECTION 8.103. (a) Section 101.0811, Government Code, is
amended to read as follows:
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) an official court reporter fee, County Court at
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3;
(3) in Brazoria County, in matters of concurrent
jurisdiction with the district court, fees (Sec. 25.0222,
Government Code) . . . as prescribed by law for district judges
according to the nature of the matter;
(4) a court reporter fee when testimony is taken in a
county court at law in McLennan County (Sec. 25.1572, Government
Code) . . . $3;
(5) a stenographer fee, if a record or part of a record
is made:
(A) in a county court at law in Hidalgo County
(Sec. 25.1102, Government Code) . . . $20; and
(B) in the 1st Multicounty Court at Law (Sec.
25.2702, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $40;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary (Sec.
51.702, Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(D) to fund the preservation of court records
(Sec. 51.708, Government Code) . . . not more than $10;
(E) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15;
(F) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15;
(G) to fund the construction, renovation, or
improvement of Hidalgo County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of Hidalgo County court facilities, if
authorized by the county commissioners court (Sec. 51.711,
Government Code) . . . not more than $20; [and]
(H) to fund the construction, renovation, or
improvement of Cameron County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of Cameron County court facilities, if
authorized by the county commissioners court (Sec. 51.711,
Government Code) . . . not more than $20;
(I) to fund the construction, renovation, or
improvement of Starr County court facilities, if authorized by the
county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Starr County court
facilities, if authorized by the county commissioners court (Sec.
51.713, Government Code) . . . not more than $20; and
(J) to fund judicial and court personnel training
(Sec. 51.971, Government Code) . . . $5;
(8) the official court reporter’s fee taxed as costs in
civil actions in a statutory county court:
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6,
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)
. . . taxed in the same manner as the fee is taxed in district
court;
(B) in Galveston County (Sec. 25.0862,
Government Code) . . . taxed in the same manner as the fee is taxed
in civil cases in the district courts;
(C) in Harris County (Sec. 25.1032, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts; and
(D) in Parker County (Sec. 25.1862, Government
Code) . . . taxed in the same manner as the fee is taxed in civil
cases in the district courts;
(9) in Nueces County, in matters of concurrent
jurisdiction with the district court, with certain exceptions, fees
(Sec. 25.1802, Government Code) . . . equal to those in district
court cases;
(10) a fee not otherwise listed in this subchapter
that is required to be collected under Section 25.0008, Government
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,
Victoria, and Williamson . . . as prescribed by law relating to
county judges’ fees;
(11) at a hearing held by an associate judge appointed
under Subchapter B, Chapter 54A, Government Code, a court cost to
preserve the record, in the absence of a court reporter, by any
means approved by the associate judge (Sec. 54A.110, Government
Code) . . . as assessed by the referring court or associate judge;
and
(12) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $30.
(b) The following provisions of the Government Code are
repealed:
(1) Section 101.08111;
(2) Section 101.081193; and
(3) Section 101.081195.
SECTION 8.104. (a) Section 101.1011, Government Code, is
amended to read as follows:
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS:
GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Government Code as follows:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) additional filing fees as follows:
(A) for certain cases to be used for
court-related purposes for support of the judiciary (Sec. 51.704,
Government Code) . . . $40;
(B) to fund the improvement of Dallas County
civil court facilities, if authorized by the county commissioners
court (Sec. 51.705, Government Code) . . . not more than $15;
(B-1) to fund the improvement of Bexar County
court facilities, if authorized by the county commissioners court
(Sec. 51.706, Government Code) . . . not more than $15;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15;
(D) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15;
(E) to fund the construction, renovation, or
improvement of Travis County court facilities, if authorized by the
county commissioners court (Sec. 51.710, Government Code) . . . not
more than $15; [and]
(F) to fund the construction, renovation, or
improvement of Hidalgo County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds,
including refunding bonds, issued for the construction,
renovation, or improvement of Hidalgo County court facilities, if
authorized by the county commissioners court (Sec. 51.711,
Government Code) . . . not more than $20; and
(G) to fund judicial and court personnel training
(Sec. 51.971, Government Code) . . . $5;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $40;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54A.211, Government Code) . . . actual cost;
(5) a fee not otherwise listed in this subchapter that
is required to be collected under Section 25.0029, Government Code
(Sec. 25.0029, Government Code) . . . as prescribed by law relating
to county judges’ fees; and
(6) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $30.
(b) Sections 101.10111 and 101.101192, Government Code, are
repealed.
SECTION 8.105. (a) Section 101.1212, Government Code, is
amended to read as follows:
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT
CODE. The clerk of a county court shall collect the following fees
and costs under the Government Code:
(1) appellate judicial system filing fees:
(A) First or Fourteenth Court of Appeals District
(Sec. 22.2021, Government Code) . . . not more than $5;
(B) Second Court of Appeals District (Sec.
22.2031, Government Code) . . . $5;
(C) Third Court of Appeals District (Sec.
22.2041, Government Code) . . . $5;
(D) Fourth Court of Appeals District (Sec.
22.2051, Government Code) . . . not more than $5;
(E) Fifth Court of Appeals District (Sec.
22.2061, Government Code) . . . not more than $5;
(E-1) Sixth Court of Appeals District (Sec.
22.2071, Government Code) . . . $5;
(E-2) Seventh Court of Appeals District (Sec.
22.2081, Government Code) . . . $5;
(E-3) Eighth Court of Appeals District (Sec.
22.2091, Government Code) . . . $5;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5;
(G-1) Twelfth Court of Appeals District (Sec.
22.2131, Government Code) . . . $5; and
(H) Thirteenth Court of Appeals District (Sec.
22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$40;
(3) a filing fee in each civil case filed to be used
for court-related purposes for the support of the judiciary (Sec.
51.703, Government Code) . . . $40;
(4) a filing fee to fund the preservation of court
records (Sec. 51.708, Government Code) . . . not more than $10;
(4-a) an additional filing fee:
(A) to fund the construction, renovation, or
improvement of Willacy County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Willacy County
court facilities, if authorized by the county commissioners court
(Sec. 51.713, Government Code) . . . not more than $20; and
(B) to fund judicial and court personnel training
(Sec. 51.971, Government Code) . . . $5; and
(5) a statewide electronic filing system fund fee
(Sec. 51.851, Government Code) . . . $30.
(b) Sections 101.12121 and 101.12122, Government Code, are
repealed.
SECTION 8.106. (a) Section 101.141(b), Government Code, is
amended to read as follows:
(b) A clerk of a justice court shall collect fees and costs
under other laws as follows:
(1) the cost of a special program that a court may
order a child to attend after a finding that the child committed an
offense, if ordered by the court (Art. 45.057, Code of Criminal
Procedure) . . . costs of the program not to exceed $100;
(2) additional filing fees:
(A) to fund Dallas County civil court facilities
(Sec. 51.705, Government Code) . . . not more than $15;
(B) for filing any civil action or proceeding
requiring a filing fee, including an appeal, and on the filing of
any counterclaim, cross-action, intervention, interpleader, or
third-party action requiring a filing fee, to fund civil legal
services for the indigent (Sec. 133.153, Local Government Code)
. . . $6;
(C) to fund the improvement of Hays County court
facilities, if authorized by the county commissioners court (Sec.
51.707, Government Code) . . . not more than $15; [and]
(D) to fund the construction, renovation, or
improvement of Rockwall County court facilities, if authorized by
the county commissioners court (Sec. 51.709, Government Code) . . .
not more than $15;
(E) to fund the construction, renovation, or
improvement of Willacy County court facilities, if authorized by
the county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Willacy County
court facilities, if authorized by the county commissioners court
(Sec. 51.713, Government Code) . . . not more than $20;
(F) to fund the construction, renovation, or
improvement of Starr County court facilities, if authorized by the
county commissioners court, and to fund the payment of the
principal of, interest on, and costs of issuance of bonds issued for
the construction, renovation, or improvement of Starr County court
facilities, if authorized by the county commissioners court (Sec.
51.713, Government Code) . . . not more than $20; and
(G) to fund judicial and court personnel training
(Sec. 51.971, Government Code) . . . $5;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50;
(4) fee for hearing on probable cause for removal of a
vehicle and placement in a storage facility if assessed by the court
(Sec. 2308.457, Occupations Code) . . . $20; and
(5) statewide electronic filing system fund fee (Sec.
51.851, Government Code) . . . $10.
(b) Sections 101.1411 and 101.143, Government Code, are
repealed.
SECTION 8.107. (a) Section 103.021, Government Code, is
amended to conform to the amendment of Article 42A.301, Code of
Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th
Legislature, Regular Session, 2017, and is further amended to read
as follows:
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant,
or a party to a civil suit, as applicable, shall pay the following
fees and costs under the Code of Criminal Procedure if ordered by
the court or otherwise required:
(1) a personal bond fee (Art. 17.42, Code of Criminal
Procedure) . . . the greater of $20 or three percent of the amount
of the bail fixed for the accused;
(2) cost of electronic monitoring as a condition of
release on personal bond (Art. 17.43, Code of Criminal Procedure)
. . . actual cost;
(3) a fee for verification of and monitoring of motor
vehicle ignition interlock (Art. 17.441, Code of Criminal
Procedure) . . . not to exceed $10;
(3-a) costs associated with operating a global
positioning monitoring system as a condition of release on bond
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,
subject to a determination of indigency;
(3-b) costs associated with providing a defendant’s
victim with an electronic receptor device as a condition of the
defendant’s release on bond (Art. 17.49(b)(3), Code of Criminal
Procedure) . . . actual costs, subject to a determination of
indigency;
(4) repayment of reward paid by a crime stoppers
organization on conviction of a felony (Art. 37.073, Code of
Criminal Procedure) . . . amount ordered;
(5) reimbursement to general revenue fund for payments
made to victim of an offense as condition of community supervision
(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure)
. . . not to exceed $50 for a misdemeanor offense or $100 for a
felony offense;
(6) payment to a crime stoppers organization as
condition of community supervision (Art. 42A.301(b)(20)
[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50;
(7) children’s advocacy center fee (Art. 42A.455, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence center fee (Art. 42A.504(b), Code
of Criminal Procedure) . . . $100;
(9) community supervision fee (Art. 42A.652(a), Code
of Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per
month;
(11) for certain financially able sex offenders as a
condition of community supervision, the costs of treatment,
specialized supervision, or rehabilitation (Art. 42A.452, Code of
Criminal Procedure) . . . all or part of the reasonable and
necessary costs of the treatment, supervision, or rehabilitation as
determined by the judge;
(12) fee for failure to appear for trial in a justice
or municipal court if a jury trial is not waived (Art. 45.026, Code
of Criminal Procedure) . . . costs incurred for impaneling the
jury;
(13) costs of certain testing, assessments, or
programs during a deferral period (Art. 45.051, Code of Criminal
Procedure) . . . amount ordered;
(14) special expense on dismissal of certain
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)
. . . not to exceed amount of fine assessed;
(15) an additional fee:
(A) for a copy of the defendant’s driving record
to be requested from the Department of Public Safety by the judge
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal
to the sum of the fee established by Section 521.048,
Transportation Code, and the state electronic Internet portal fee;
(B) as an administrative fee for requesting a
driving safety course or a course under the motorcycle operator
training and safety program for certain traffic offenses to cover
the cost of administering the article (Art. 45.0511(f)(1), Code of
Criminal Procedure) . . . not to exceed $10; or
(C) for requesting a driving safety course or a
course under the motorcycle operator training and safety program
before the final disposition of the case (Art. 45.0511(f)(2), Code
of Criminal Procedure) . . . not to exceed the maximum amount of the
fine for the offense committed by the defendant;
(16) a request fee for teen court program (Art.
45.052, Code of Criminal Procedure) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10;
(17) a fee to cover costs of required duties of teen
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise $10;
(18) a mileage fee for officer performing certain
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per
mile;
(19) certified mailing of notice of hearing date (Art.
102.006, Code of Criminal Procedure) . . . $1, plus postage;
(20) certified mailing of certified copies of an order
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,
plus postage;
(20-a) a fee to defray the cost of notifying state
agencies of orders of expungement (Art. 45.0216, Code of Criminal
Procedure) . . . $30 per application;
(20-b) a fee to defray the cost of notifying state
agencies of orders of expunction (Art. 102.006, Code of Criminal
Procedure) . . . $100 per petition;
(21) sight orders:
(A) if the face amount of the check or sight order
does not exceed $10 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $10;
(B) if the face amount of the check or sight order
is greater than $10 but does not exceed $100 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $15;
(C) if the face amount of the check or sight order
is greater than $100 but does not exceed $300 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $30;
(D) if the face amount of the check or sight order
is greater than $300 but does not exceed $500 (Art. 102.007, Code of
Criminal Procedure) . . . not to exceed $50; and
(E) if the face amount of the check or sight order
is greater than $500 (Art. 102.007, Code of Criminal Procedure)
. . . not to exceed $75;
(22) fees for a pretrial intervention program:
(A) a supervision fee (Art. 102.012(a), Code of
Criminal Procedure) . . . $60 a month plus expenses; and
(B) a district attorney, criminal district
attorney, or county attorney administrative fee (Art. 102.0121,
Code of Criminal Procedure) . . . not to exceed $500;
(23) parking fee violations for child safety fund in
municipalities with populations:
(A) greater than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not less than $2 and not to exceed $5; and
(B) less than 850,000 (Art. 102.014, Code of
Criminal Procedure) . . . not to exceed $5;
(24) an administrative fee for collection of fines,
fees, restitution, or other costs (Art. 102.072, Code of Criminal
Procedure) . . . not to exceed $2 for each transaction;
(25) a collection fee, if authorized by the
commissioners court of a county or the governing body of a
municipality, for certain debts and accounts receivable, including
unpaid fines, fees, court costs, forfeited bonds, and restitution
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30
percent of an amount more than 60 days past due; and
(26) a cost on conviction for the truancy prevention
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .
$2.
(b) Section 103.02101, Government Code, is repealed.
SECTION 8.108. (a) Section 103.027(a), Government Code, as
effective September 1, 2019, is amended to read as follows:
(a) Fees and costs shall be paid or collected under the
Government Code as follows:
(1) filing a certified copy of a judicial finding of
fact and conclusion of law if charged by the secretary of state
(Sec. 51.905, Government Code) . . . $15;
(2) cost paid by each surety posting the bail bond for
an offense other than a misdemeanor punishable by fine only under
Chapter 17, Code of Criminal Procedure, for the assistant
prosecutor supplement fund and the fair defense account (Sec.
41.258, Government Code) . . . $15, provided the cost does not
exceed $30 for all bail bonds posted at that time for an individual
and the cost is not required on the posting of a personal or cash
bond;
(3) to participate in a court proceeding in this
state, a nonresident attorney fee (Sec. 82.0361, Government Code)
. . . $250 except as waived or reduced under supreme court rules for
representing an indigent person;
(4) on a party’s appeal of a final decision in a
contested case, the cost of preparing the original or a certified
copy of the record of the agency proceeding, if required by the
agency’s rule, as a court cost (Sec. 2001.177, Government Code)
. . . as assessed by the court, all or part of the cost of
preparation;
(5) a program fee for a drug court program (Sec.
123.004, Government Code) . . . not to exceed $1,000;
(6) an alcohol or controlled substance testing,
counseling, and treatment fee (Sec. 123.004, Government Code) . . .
the amount necessary to cover the costs of testing, counseling, and
treatment;
(7) a reasonable program fee for a veterans treatment
court program (Sec. 124.005, Government Code) . . . not to exceed
$1,000;
(8) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
veterans treatment court program (Sec. 124.005, Government Code)
. . . the amount necessary to cover the costs of testing,
counseling, or treatment;
(9) a nonrefundable program fee for a commercially
sexually exploited persons court program (Sec. 126.006, Government
Code) . . . a reasonable amount not to exceed $1,000, which must
include a counseling and services fee in an amount necessary to
cover the costs of counseling and services provided by the program,
a victim services fee in an amount equal to 10 percent of the total
fee, and a law enforcement training fee in an amount equal to five
percent of the total fee;
(9-a) a reasonable program fee for a public safety
employees treatment court program (Sec. 129.006, Government Code)
. . . not to exceed $1,000;
(9-b) a testing, counseling, and treatment fee for
testing, counseling, or treatment performed or provided under a
public safety employees treatment court program (Sec. 129.006,
Government Code) . . . the amount necessary to cover the costs of
testing, counseling, or treatment; and
(10) a district court records archive fee for the
filing of a suit, including an appeal from an inferior court, or a
cross-action, counterclaim, intervention, contempt action, motion
for new trial, or third-party petition, in any court in the county
for which the district clerk accepts filings, if authorized by the
county commissioners court (Sec. 51.305, Government Code) . . . not
more than $5.
(b) Sections 103.02714 and 103.02715, Government Code, are
repealed.
ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 9.001. Section 364.034(a-1), Health and Safety
Code, as added by Chapters 70 (S.B. 1229) and 143 (H.B. 1584), Acts
of the 85th Legislature, Regular Session, 2017, is reenacted and
amended to read as follows:
(a-1) Notwithstanding Subsection (a)(2), a person is not
required to use solid waste disposal services offered by a county[,
as authorized under Section 364.011(a-1),] to persons in an area of
the county located within the extraterritorial jurisdiction of a
municipality that does not provide solid waste disposal services in
that area if:
(1) the person contracts for solid waste disposal
services with a provider that meets rules adopted by the commission
for the regulation of solid waste disposal; or
(2) the person is a private entity that contracts to
provide temporary solid waste disposal services to a construction
site or project by furnishing a roll-off container used to
transport construction waste or demolition debris to a facility for
disposal or recycling.
SECTION 9.002. Section 394.001(1), Health and Safety Code,
as amended and repealed by Chapter 755 (S.B. 1731), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(1) “Certified” includes:
(A) new vehicle or new engine certification by
the United States Environmental Protection Agency; or
(B) certification or approval by the United
States Environmental Protection Agency of a system to convert a
vehicle or engine to operate on an alternative fuel and a
demonstration by the emissions data used to certify or approve the
vehicle or engine, if the commission determines the testing used to
obtain the emissions data is consistent with the testing required
for approval of an alternative fuel conversion system for new and
relatively new vehicles or engines under 40 C.F.R. Part 85.
ARTICLE 10. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 10.001. 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, are repealed as duplicative of
Sections 40.040(a) and (b), Human Resources Code, as added by
Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
Session, 2017.
SECTION 10.002. Section 40.0581(f), Human Resources Code,
as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature,
Regular Session, 2017, is repealed as duplicative of Section
40.0581(f), Human Resources Code, as added by Chapter 319 (S.B.
11), Acts of the 85th Legislature, Regular Session, 2017.
SECTION 10.003. Section 42.041(b), Human Resources Code, as
amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the
85th Legislature, Regular Session, 2017, is reenacted and amended
to read as follows:
(b) This section does not apply to:
(1) a state-operated facility;
(2) an agency foster home;
(3) a facility that is operated in connection with a
shopping center, business, religious organization, or
establishment where children are cared for during short periods
while parents or persons responsible for the children are attending
religious services, shopping, or engaging in other activities,
including retreats or classes for religious instruction, on or near
the premises, that does not advertise as a child-care facility or
day-care center, and that informs parents that it is not licensed by
the state;
(4) a school or class for religious instruction that
does not last longer than two weeks and is conducted by a religious
organization during the summer months;
(5) a youth camp licensed by the Department of State
Health Services;
(6) a facility licensed, operated, certified, or
registered by another state agency;
(7) an educational facility that is accredited by the
Texas Education Agency, the Southern Association of Colleges and
Schools, or an accreditation body that is a member of the Texas
Private School Accreditation Commission and that operates
primarily for educational purposes for prekindergarten and above, a
before-school or after-school program operated directly by an
accredited educational facility, or a before-school or
after-school program operated by another entity under contract with
the educational facility, if the Texas Education Agency, the
Southern Association of Colleges and Schools, or the other
accreditation body, as applicable, has approved the curriculum
content of the before-school or after-school program operated under
the contract;
(8) an educational facility that operates solely for
educational purposes for prekindergarten through at least grade
two, that does not provide custodial care for more than one hour
during the hours before or after the customary school day, and that
is a member of an organization that promulgates, publishes, and
requires compliance with health, safety, fire, and sanitation
standards equal to standards required by state, municipal, and
county codes;
(9) a kindergarten or preschool educational program
that is operated as part of a public school or a private school
accredited by the Texas Education Agency, that offers educational
programs through grade six, and that does not provide custodial
care during the hours before or after the customary school day;
(10) a family home, whether registered or listed;
(11) an educational facility that is integral to and
inseparable from its sponsoring religious organization or an
educational facility both of which do not provide custodial care
for more than two hours maximum per day, and that offers an
educational program in one or more of the following:
prekindergarten through at least grade three, elementary grades, or
secondary grades;
(12) an emergency shelter facility, other than a
facility that would otherwise require a license as a child-care
facility under this section, that provides shelter or care to a
minor and the minor’s child or children, if any, under Section
32.201, Family Code, if the facility:
(A) is currently under a contract with a state or
federal agency; or
(B) meets the requirements listed under Section
51.005(b)(3);
(13) a juvenile detention facility certified under
Section 51.12, Family Code, a juvenile correctional facility
certified under Section 51.125, Family Code, a juvenile facility
providing services solely for the Texas Juvenile Justice
Department, or any other correctional facility for children
operated or regulated by another state agency or by a political
subdivision of the state;
(14) an elementary-age (ages 5-13) recreation program
operated by a municipality provided the governing body of the
municipality annually adopts standards of care by ordinance after a
public hearing for such programs, that such standards are provided
to the parents of each program participant, and that the ordinances
shall include, at a minimum, staffing ratios, minimum staff
qualifications, minimum facility, health, and safety standards,
and mechanisms for monitoring and enforcing the adopted local
standards; and further provided that parents be informed that the
program is not licensed by the state and the program may not be
advertised as a child-care facility;
(15) an annual youth camp held in a municipality with a
population of more than 1.5 million that operates for not more than
three months and that has been operated for at least 10 years by a
nonprofit organization that provides care for the homeless;
(16) a food distribution program that:
(A) serves an evening meal to children two years
of age or older; and
(B) is operated by a nonprofit food bank in a
nonprofit, religious, or educational facility for not more than two
hours a day on regular business days;
(17) a child-care facility that operates for less than
three consecutive weeks and less than 40 days in a period of 12
months;
(18) a program:
(A) in which a child receives direct instruction
in a single skill, talent, ability, expertise, or proficiency;
(B) that does not provide services or offerings
that are not directly related to the single talent, ability,
expertise, or proficiency;
(C) that does not advertise or otherwise
represent that the program is a child-care facility, day-care
center, or licensed before-school or after-school program or that
the program offers child-care services;
(D) that informs the parent or guardian:
(i) that the program is not licensed by the
state; and
(ii) about the physical risks a child may
face while participating in the program; and
(E) that conducts background checks for all
program employees and volunteers who work with children in the
program using information that is obtained from the Department of
Public Safety;
(19) an elementary-age (ages 5-13) recreation program
that:
(A) adopts standards of care, including
standards relating to staff ratios, staff training, health, and
safety;
(B) provides a mechanism for monitoring and
enforcing the standards and receiving complaints from parents of
enrolled children;
(C) does not advertise as or otherwise represent
the program as a child-care facility, day-care center, or licensed
before-school or after-school program or that the program offers
child-care services;
(D) informs parents that the program is not
licensed by the state;
(E) is organized as a nonprofit organization or
is located on the premises of a participant’s residence;
(F) does not accept any remuneration other than a
nominal annual membership fee;
(G) does not solicit donations as compensation or
payment for any good or service provided as part of the program; and
(H) conducts background checks for all program
employees and volunteers who work with children in the program
using information that is obtained from the Department of Public
Safety;
(20) a living arrangement in a caretaker’s home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the caretaker:
(A) had a prior relationship with the child or
sibling group or other family members of the child or sibling group;
(B) does not care for more than one unrelated
child or sibling group;
(C) does not receive compensation or solicit
donations for the care of the child or sibling group; and
(D) has a written agreement with the parent to
care for the child or sibling group;
(21) a living arrangement in a caretaker’s home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which:
(A) the department is the managing conservator of
the child or sibling group;
(B) the department placed the child or sibling
group in the caretaker’s home; and
(C) the caretaker had a long-standing and
significant relationship with the child or sibling group before the
child or sibling group was placed with the caretaker;
(22) a living arrangement in a caretaker’s home
involving one or more children or a sibling group, excluding
children who are related to the caretaker, in which the child is in
the United States on a time-limited visa under the sponsorship of
the caretaker or of a sponsoring organization;
(23) a facility operated by a nonprofit organization
that:
(A) does not otherwise operate as a child-care
facility that is required to be licensed under this section;
(B) provides emergency shelter and care for not
more than 15 days to children 13 years of age or older but younger
than 18 years of age who are victims of human trafficking alleged
under Section 20A.02, Penal Code;
(C) is located in a municipality with a
population of at least 600,000 that is in a county on an
international border; and
(D) meets one of the following criteria:
(i) is licensed by, or operates under an
agreement with, a state or federal agency to provide shelter and
care to children; or
(ii) meets the eligibility requirements for
a contract under Section 51.005(b)(3); [or]
(24) a facility that provides respite care exclusively
for a local mental health authority under a contract with the local
mental health authority; or
(25) [(24)] a living arrangement in a caretaker’s home
involving one or more children or a sibling group in which the
caretaker:
(A) has a written authorization agreement under
Chapter 34, Family Code, with the parent of each child or sibling
group to care for each child or sibling group;
(B) does not care for more than six children,
excluding children who are related to the caretaker; and
(C) does not receive compensation for caring for
any child or sibling group.
ARTICLE 11. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 11.001. Section 81.067(c), Natural Resources Code,
as amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B.
1488), Acts of the 85th Legislature, Regular Session, 2017, is
reenacted and amended to read as follows:
(c) The fund consists of:
(1) proceeds from bonds and other financial security
required by this chapter and benefits under well-specific plugging
insurance policies described by Section 91.104(c) that are paid to
the state as contingent beneficiary of the policies, subject to the
refund provisions of Section 91.1091, if applicable;
(2) private contributions, including contributions
made under Section 89.084;
(3) expenses collected under Section 89.083;
(4) fees imposed under Section 85.2021;
(5) costs recovered under Section 91.457 or 91.459;
(6) proceeds collected under Sections 89.085 and
91.115;
(7) interest earned on the funds deposited in the
fund;
(8) oil and gas waste hauler permit application fees
collected under Section 29.015, Water Code;
(9) costs recovered under Section 91.113(f);
(10) hazardous oil and gas waste generation fees
collected under Section 91.605;
(11) oil-field cleanup regulatory fees on oil
collected under Section 81.116;
(12) oil-field cleanup regulatory fees on gas
collected under Section 81.117;
(13) fees for a reissued certificate collected under
Section 91.707;
(14) fees collected under Section 91.1013;
(15) fees collected under Section 89.088;
(16) fees collected under Section 91.142;
(17) fees collected under Section 91.654;
(18) costs recovered under Sections 91.656 and 91.657;
(19) fees collected under Section 81.0521;
(20) fees collected under Sections 89.024 and 89.026;
(21) legislative appropriations;
(22) any surcharges collected under Section 81.070;
(23) fees collected under Section 91.0115;
(24) fees collected under Subchapter E, Chapter 121,
Utilities Code;
(25) fees collected under Section 27.0321, Water Code;
[and]
(26) fees collected under Section 81.071; and
(27) [(26)] money collected under Section 81.021.
ARTICLE 12. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 12.001. Section 562.110(i), Occupations Code, as
added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature,
Regular Session, 2017, is repealed as duplicative of Section
562.110(k), Occupations Code.
SECTION 12.002. Section 2308.151(b), Occupations Code, as
added by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the
85th Legislature, Regular Session, 2017, is reenacted and amended
to read as follows:
(b) Unless [a person is] prohibited by a local authority
under Section 2308.2085, a person may:
(1) perform booting operations; and
(2) operate a booting company.
SECTION 12.003. Section 2308.205(a), Occupations Code, as
amended by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the
85th Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) A towing company that makes a nonconsent tow shall tow
the vehicle to a vehicle storage facility that is operated by a
person who holds a license to operate the facility under Chapter
2303, unless:
(1) the towing company agrees to take the vehicle to a
location designated by the vehicle’s owner; or
(2) the vehicle is towed under:
(A) rules adopted under Subsection (a-1); or
(B) Section 2308.259(b).
ARTICLE 13. CHANGES RELATING TO PENAL CODE
SECTION 13.001. Sections 46.05(a) and (e), Penal Code, as
amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the
85th Legislature, Regular Session, 2017, are reenacted and amended
to read as follows:
(a) A person commits an offense if the person intentionally
or knowingly possesses, manufactures, transports, repairs, or
sells:
(1) any of the following items, unless the item is
registered in the National Firearms Registration and Transfer
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and
Explosives or otherwise not subject to that registration
requirement or unless the item is classified as a curio or relic by
the United States Department of Justice:
(A) an explosive weapon;
(B) a machine gun; or
(C) a short-barrel firearm;
(2) knuckles;
(3) armor-piercing ammunition;
(4) a chemical dispensing device;
(5) a zip gun;
(6) a tire deflation device; [or]
(7) a firearm silencer, unless the firearm silencer is
classified as a curio or relic by the United States Department of
Justice or the actor otherwise possesses, manufactures,
transports, repairs, or sells the firearm silencer in compliance
with federal law; or
(8) [(7)] an improvised explosive device.
(e) An offense under Subsection (a)(1), (3), (4), (5), [or]
(7), or (8) is a felony of the third degree. An offense under
Subsection (a)(6) is a state jail felony. An offense under
Subsection (a)(2) is a Class A misdemeanor.
ARTICLE 14. CHANGES RELATING TO TAX CODE
SECTION 14.001. Sections 5.102(d) and (e), Tax Code, are
amended to conform to Chapter 450 (H.B. 2447), Acts of the 81st
Legislature, Regular Session, 2009, to read as follows:
(d) If the appraisal district fails to comply with the
recommendations in the report and the comptroller finds that the
board of directors of the appraisal district failed to take
remedial action reasonably designed to ensure substantial
compliance with each recommendation in the report before the first
anniversary of the date the report was issued, the comptroller
shall notify the Texas Department of Licensing and Regulation
[Board of Tax Professional Examiners], or a successor to the
department [board], which shall take action necessary to ensure
that the recommendations in the report are implemented as soon as
practicable.
(e) Before February 1 of the year following the year in
which the Texas Department of Licensing and Regulation [Board of
Tax Professional Examiners], or its successor, takes action under
Subsection (d), and with the assistance of the comptroller, the
department [board] shall determine whether the recommendations in
the most recent report have been substantially implemented. The
executive director [presiding officer] of the department [board]
shall notify the chief appraiser and the board of directors of the
appraisal district in writing of the department’s [board’s]
determination.
SECTION 14.002. Section 25.025(a), Tax Code, as amended by
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B.
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular
Session, 2017, is reenacted and amended to read as follows:
(a) This section applies only to:
(1) a current or former peace officer as defined by
Article 2.12, Code of Criminal Procedure, and the spouse or
surviving spouse of the peace officer;
(2) the adult child of a current peace officer as
defined by Article 2.12, Code of Criminal Procedure;
(3) a county jailer as defined by Section 1701.001,
Occupations Code;
(4) an employee of the Texas Department of Criminal
Justice;
(5) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(6) an individual who shows that the individual, the
individual’s child, or another person in the individual’s household
is a victim of family violence as defined by Section 71.004, Family
Code, by providing:
(A) a copy of a protective order issued under
Chapter 85, Family Code, or a magistrate’s order for emergency
protection issued under Article 17.292, Code of Criminal Procedure;
or
(B) other independent documentary evidence
necessary to show that the individual, the individual’s child, or
another person in the individual’s household is a victim of family
violence;
(7) [(6)] an individual who shows that the individual,
the individual’s child, or another person in the individual’s
household is a victim of sexual assault or abuse, stalking, or
trafficking of persons by providing:
(A) a copy of a protective order issued under
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a
magistrate’s order for emergency protection issued under Article
17.292, Code of Criminal Procedure; or
(B) other independent documentary evidence
necessary to show that the individual, the individual’s child, or
another person in the individual’s household is a victim of sexual
assault or abuse, stalking, or trafficking of persons;
(8) [(7)] a participant in the address
confidentiality program administered by the attorney general under
Subchapter C, Chapter 56, Code of Criminal Procedure, who provides
proof of certification under Article 56.84, Code of Criminal
Procedure;
(9) [(8)] a federal judge, a state judge, or the
spouse of a federal judge or state judge;
(10) a current or former district attorney, criminal
district attorney, or county or municipal attorney whose
jurisdiction includes any criminal law or child protective services
matters;
(11) [(9)] a current or former employee of a district
attorney, criminal district attorney, or county or municipal
attorney whose jurisdiction includes any criminal law or child
protective services matters;
(12) [(10)] an officer or employee of a community
supervision and corrections department established under Chapter
76, Government Code, who performs a duty described by Section
76.004(b) of that code;
(13) [(11)] a criminal investigator of the United
States as described by Article 2.122(a), Code of Criminal
Procedure;
(14) [(12)] a police officer or inspector of the
United States Federal Protective Service;
(15) [(13)] a current or former United States attorney
or assistant United States attorney and the spouse and child of the
attorney;
(16) [(14)] a current or former employee of the office
of the attorney general who is or was assigned to a division of that
office the duties of which involve law enforcement;
(17) [(15)] a medical examiner or person who performs
forensic analysis or testing who is employed by this state or one or
more political subdivisions of this state;
(18) [(16)] a current or former member of the United
States armed forces who has served in an area that the president of
the United States by executive order designates for purposes of 26
U.S.C. Section 112 as an area in which armed forces of the United
States are or have engaged in combat;
(19) [(17)] a current or former employee of the Texas
Juvenile Justice Department or of the predecessors in function of
the department;
(20) [(18)] a current or former juvenile probation or
supervision officer certified by the Texas Juvenile Justice
Department, or the predecessors in function of the department,
under Title 12, Human Resources Code;
(21) [(19)] a current or former employee of a juvenile
justice program or facility, as those terms are defined by Section
261.405, Family Code; [and]
(22) [(18)] a current or former employee of the Texas
Civil Commitment Office or of the predecessor in function of the
office or a division of the office; and
(23) [(18)] a current or former employee of a federal
judge or state judge.
SECTION 14.003. Section 351.101(a), Tax Code, as amended by
Chapters 53 (S.B. 1365), 267 (H.B. 1896), 324 (S.B. 1488), and 785
(H.B. 2445), Acts of the 85th Legislature, Regular Session, 2017,
is reenacted and amended to read as follows:
(a) Revenue from the municipal hotel occupancy tax may be
used only to promote tourism and the convention and hotel industry,
and that use is limited to the following:
(1) the acquisition of sites for and the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of convention center facilities or visitor information
centers, or both;
(2) the furnishing of facilities, personnel, and
materials for the registration of convention delegates or
registrants;
(3) advertising and conducting solicitations and
promotional programs to attract tourists and convention delegates
or registrants to the municipality or its vicinity;
(4) the encouragement, promotion, improvement, and
application of the arts, including instrumental and vocal music,
dance, drama, folk art, creative writing, architecture, design and
allied fields, painting, sculpture, photography, graphic and craft
arts, motion pictures, radio, television, tape and sound recording,
and other arts related to the presentation, performance, execution,
and exhibition of these major art forms;
(5) historical restoration and preservation projects
or activities or advertising and conducting solicitations and
promotional programs to encourage tourists and convention
delegates to visit preserved historic sites or museums:
(A) at or in the immediate vicinity of convention
center facilities or visitor information centers; or
(B) located elsewhere in the municipality or its
vicinity that would be frequented by tourists and convention
delegates;
(6) expenses, including promotion expenses, directly
related to a sporting event in which the majority of participants
are tourists who substantially increase economic activity at hotels
and motels within the municipality or its vicinity if:
(A) the municipality is located in a county with
a population of one million or less; or
(B) the municipality has a population of more
than 67,000 and is located in two counties with 90 percent of the
municipality’s territory located in a county with a population of
at least 580,000, and the remaining territory located in a county
with a population of at least four million;
(7) subject to Section 351.1076, the promotion of
tourism by the enhancement and upgrading of existing sports
facilities or fields if:
(A) the municipality owns the facilities or
fields;
(B) the municipality:
(i) has a population of 80,000 or more and
is located in a county that has a population of 350,000 or less;
(ii) has a population of at least 75,000 but
not more than 95,000 and is located in a county that has a
population of less than 200,000 but more than 160,000;
(iii) has a population of at least 36,000
but not more than 39,000 and is located in a county that has a
population of 100,000 or less that is not adjacent to a county with
a population of more than two million;
(iv) has a population of at least 13,000 but
less than 39,000 and is located in a county that has a population of
at least 200,000;
(v) has a population of at least 70,000 but
less than 90,000 and no part of which is located in a county with a
population greater than 150,000;
(vi) is located in a county that:
(a) is adjacent to the Texas-Mexico
border;
(b) has a population of at least
500,000; and
(c) does not have a municipality with
a population greater than 500,000;
(vii) has a population of at least 25,000
but not more than 26,000 and is located in a county that has a
population of 90,000 or less;
(viii) is located in a county that has a
population of not more than 300,000 and in which a component
university of the University of Houston System is located;
(ix) has a population of at least 40,000 and
the San Marcos River flows through the municipality; [or]
(x) has a population of more than 67,000 and
is located in two counties with 90 percent of the municipality’s
territory located in a county with a population of at least 580,000,
and the remaining territory located in a county with a population of
at least four million; or
(xi) [(x)] contains an intersection of
Interstates 35E and 35W and at least two public universities; and
(C) the sports facilities and fields have been
used, in the preceding calendar year, a combined total of more than
10 times for district, state, regional, or national sports
tournaments;
(8) for a municipality with a population of at least
70,000 but less than 90,000, no part of which is located in a county
with a population greater than 150,000, the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of a coliseum or multiuse facility;
(9) signage directing the public to sights and
attractions that are visited frequently by hotel guests in the
municipality;
(10) the construction, improvement, enlarging,
equipping, repairing, operation, and maintenance of a coliseum or
multiuse facility, if the municipality:
(A) has a population of at least 90,000 but less
than 120,000; and
(B) is located in two counties, at least one of
which contains the headwaters of the San Gabriel River; and
(11) for a municipality with a population of more than
175,000 but less than 225,000 that is located in two counties, each
of which has a population of less than 200,000, the construction,
improvement, enlarging, equipping, repairing, operation, and
maintenance of a coliseum or multiuse facility and related
infrastructure or a venue, as defined by Section 334.001(4), Local
Government Code, that is related to the promotion of tourism.
ARTICLE 15. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 15.001. Section 501.072(e), Transportation Code,
as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature,
Regular Session, 2017, is repealed as duplicative of Section
501.072(e), Transportation Code, as added by Chapter 395 (S.B.
1062), Acts of the 85th Legislature, Regular Session, 2017.
SECTION 15.002. Section 522.035, Transportation Code, as
added by Chapter 21 (S.B. 128), Acts of the 85th Legislature,
Regular Session, 2017, is repealed as duplicative of Section
522.035, Transportation Code, as added by Chapter 685 (H.B. 29),
Acts of the 85th Legislature, Regular Session, 2017.
SECTION 15.003. Section 545.424(c), Transportation Code,
as amended by Chapters 438 (H.B. 62) and 1059 (H.B. 3050), Acts of
the 85th Legislature, Regular Session, 2017, is reenacted to read
as follows:
(c) Subsection (a-1) does not apply to a person operating a
motor vehicle while accompanied in the manner required by Section
521.222(d)(2) for the holder of a learner license.
SECTION 15.004. Section 644.101(b), Transportation Code,
as amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324
(S.B. 1488), Acts of the 85th Legislature, Regular Session, 2017,
is reenacted and amended to read as follows:
(b) A police officer of any of the following municipalities
is eligible to apply for certification under this section:
(1) a municipality with a population of 50,000 or
more;
(2) a municipality with a population of 25,000 or more
any part of which is located in a county with a population of
500,000 or more;
(3) a municipality with a population of less than
25,000:
(A) any part of which is located in a county with
a population of 3.3 million; and
(B) that contains or is adjacent to an
international port;
(4) a municipality with a population of at least
34,000 that is located in a county that borders two or more states;
(5) a municipality any part of which is located in a
county bordering the United Mexican States;
(6) a municipality with a population of less than
5,000 that is located:
(A) adjacent to a bay connected to the Gulf of
Mexico; and
(B) in a county adjacent to a county with a
population greater than 3.3 million;
(7) a municipality that is located:
(A) within 25 miles of an international port; and
(B) in a county that does not contain a highway
that is part of the national system of interstate and defense
highways and is adjacent to a county with a population greater than
3.3 million;
(8) a municipality with a population of less than
8,500 that:
(A) is the county seat; and
(B) contains a highway that is part of the
national system of interstate and defense highways;
(9) a municipality located in a county with a
population between 60,000 and 66,000 adjacent to a bay connected to
the Gulf of Mexico;
(10) a municipality with a population of more than
40,000 and less than 50,000 that is located in a county with a
population of more than 285,000 and less than 300,000 that borders
the Gulf of Mexico; [or]
(11) a municipality with a population between 18,000
and 18,500 that is located entirely in a county that:
(A) has a population of less than 200,000;
(B) is adjacent to two counties that each have a
population of more than 1.2 million; and
(C) contains two highways that are part of the
national system of interstate and defense highways; or
(12) [(11)] a municipality with a population of more
than 3,000 and less than 10,000 that:
(A) contains a highway that is part of the
national system of interstate and defense highways; and
(B) is located in a county with a population
between 150,000 and 155,000.
SECTION 15.005. Sections 663.037(d) and (g),
Transportation Code, as amended by Chapters 125 (H.B. 920) and 1052
(H.B. 1956), Acts of the 85th Legislature, Regular Session, 2017,
are reenacted to read as follows:
(d) The operator of an off-highway vehicle may drive the
vehicle on a public street, road, or highway that is not an
interstate or limited-access highway if:
(1) the transportation is in connection with:
(A) the production, cultivation, care,
harvesting, preserving, drying, processing, canning, storing,
handling, shipping, marketing, selling, or use of agricultural
products, as defined by Section 52.002, Agriculture Code; or
(B) utility work performed by a utility;
(2) the operator attaches to the back of the vehicle a
triangular orange flag that is at least six feet above ground level;
(3) the vehicle’s headlights and taillights are
illuminated;
(4) the operator holds a driver’s license, as defined
by Section 521.001;
(5) the operation of the vehicle occurs in the
daytime; and
(6) the operation of the vehicle does not exceed a
distance of 25 miles from the point of origin to the destination.
(g) A peace officer or other person who provides law
enforcement, firefighting, ambulance, medical, or other emergency
services, including a volunteer firefighter, may operate an
off-highway vehicle on a public street, road, or highway that is not
an interstate or limited-access highway only if:
(1) the transportation is in connection with the
performance of the operator’s official duty;
(2) the operator attaches to the back of the vehicle a
triangular orange flag that is at least six feet above ground level;
(3) the vehicle’s headlights and taillights are
illuminated;
(4) the operator holds a driver’s license, as defined
by Section 521.001; and
(5) the operation of the vehicle does not exceed a
distance of 10 miles from the point of origin to the destination.
ARTICLE 16. CHANGES RELATING TO UTILITIES CODE
SECTION 16.001. Section 39.002, Utilities Code, is amended
to correct a reference to read as follows:
Sec. 39.002. APPLICABILITY. This chapter, other than
Sections 39.155, 39.157(e), 39.203, [39.903,] 39.904, 39.9051,
39.9052, and 39.914(e), does not apply to a municipally owned
utility or an electric cooperative. Sections 39.157(e), 39.203, and
39.904, however, apply only to a municipally owned utility or an
electric cooperative that is offering customer choice. If there is
a conflict between the specific provisions of this chapter and any
other provisions of this title, except for Chapters 40 and 41, the
provisions of this chapter control.
SECTION 16.002. Section 39.352(g), Utilities Code, is
amended to correct a reference to read as follows:
(g) If a retail electric provider serves an aggregate load
in excess of 300 megawatts within this state, not less than five
percent of the load in megawatt hours must consist of residential
customers. This requirement applies to an affiliated retail
electric provider only with respect to load served outside of the
electric utility’s service area, and, in relation to that load, the
affiliated retail electric provider shall meet the requirements of
this subsection by serving residential customers outside of the
electric utility’s service area. For the purpose of this
subsection, the load served by retail electric providers that are
under common ownership shall be combined. A retail electric
provider may meet the requirements of this subsection by
demonstrating on an annual basis that it serves residential load
amounting to five percent of its total load or[,] by demonstrating
that another retail electric provider serves sufficient qualifying
residential load on its behalf[, or by paying an amount into the
system benefit fund equal to $1 multiplied by a number equal to the
difference between the number of megawatt hours it sold to
residential customers and the number of megawatt hours it was
required to sell to such customers, or in the case of an affiliated
retail electric provider, $1 multiplied by a number equal to the
difference between the number of megawatt hours sold to residential
customers outside of the electric utility’s service area and the
number of megawatt hours it was required to sell to such customers
outside of the electric utility’s service area]. Qualifying
residential load may not include customers served by an affiliated
retail electric provider in its own service area. Each retail
electric provider shall file reports with the commission that are
necessary to implement this subsection. This subsection applies
for 36 months after retail competition begins. The commission
shall adopt rules to implement this subsection.
SECTION 16.003. Section 39.905(f), Utilities Code, is
amended to correct a reference to read as follows:
(f) Each [Unless funding is provided under Section 39.903,
each] unbundled transmission and distribution utility shall
include in its energy efficiency plan a targeted low-income energy
efficiency program [as described by Section 39.903(f)(2)], and the
savings achieved by the program shall count toward the transmission
and distribution utility’s energy efficiency goal. The commission
shall determine the appropriate level of funding to be allocated to
both targeted and standard offer low-income energy efficiency
programs in each unbundled transmission and distribution utility
service area. The level of funding for low-income energy
efficiency programs shall be provided from money approved by the
commission for the transmission and distribution utility’s energy
efficiency programs. The commission shall ensure that annual
expenditures for the targeted low-income energy efficiency
programs of each unbundled transmission and distribution utility
are not less than 10 percent of the transmission and distribution
utility’s energy efficiency budget for the year. A targeted
low-income energy efficiency program must comply with the same
audit requirements that apply to federal weatherization
subrecipients. In an energy efficiency cost recovery factor
proceeding related to expenditures under this subsection, the
commission shall make findings of fact regarding whether the
utility meets requirements imposed under this subsection. The
state agency that administers the federal weatherization
assistance program shall participate in energy efficiency cost
recovery factor proceedings related to expenditures under this
subsection to ensure that targeted low-income weatherization
programs are consistent with federal weatherization programs and
adequately funded.
SECTION 16.004. Section 40.001(a), Utilities Code, is
amended to correct a reference to read as follows:
(a) Notwithstanding any other provision of law, except
Sections 39.155, 39.157(e), 39.203, [39.903,] and 39.904, this
chapter governs the transition to and the establishment of a fully
competitive electric power industry for municipally owned
utilities. With respect to the regulation of municipally owned
utilities, this chapter controls over any other provision of this
title, except for sections in which the term “municipally owned
utility” is specifically used.
SECTION 16.005. Section 40.004, Utilities Code, is amended
to correct a reference to read as follows:
Sec. 40.004. JURISDICTION OF COMMISSION. Except as
specifically otherwise provided in this chapter, the commission has
jurisdiction over municipally owned utilities only for the
following purposes:
(1) to regulate wholesale transmission rates and
service, including terms of access, to the extent provided by
Subchapter A, Chapter 35;
(2) to regulate certification of retail service areas
to the extent provided by Chapter 37;
(3) to regulate rates on appeal under Subchapters D
and E, Chapter 33, subject to Section 40.051(c);
(4) to establish a code of conduct as provided by
Section 39.157(e) applicable to anticompetitive activities and to
affiliate activities limited to structurally unbundled affiliates
of municipally owned utilities, subject to Section 40.054;
(5) to establish terms and conditions for open access
to transmission and distribution facilities for municipally owned
utilities providing customer choice, as provided by Section 39.203;
(6) [to require collection of the nonbypassable fee
established under Section 39.903(b) and] to administer the
renewable energy credits program under Section 39.904(b) and the
natural gas energy credits program under Section 39.9044(b); and
(7) to require reports of municipally owned utility
operations only to the extent necessary to:
(A) enable the commission to determine the
aggregate load and energy requirements of the state and the
resources available to serve that load; or
(B) enable the commission to determine
information relating to market power as provided by Section 39.155.
SECTION 16.006. Section 41.001, Utilities Code, is amended
to correct a reference to read as follows:
Sec. 41.001. APPLICABLE LAW. Notwithstanding any other
provision of law, except Sections 39.155, 39.157(e), 39.203,
[39.903,] and 39.904, this chapter governs the transition to and
the establishment of a fully competitive electric power industry
for electric cooperatives. Regarding the regulation of electric
cooperatives, this chapter shall control over any other provision
of this title, except for sections in which the term “electric
cooperative” is specifically used.
ARTICLE 17. CHANGES RELATING TO WATER CODE
SECTION 17.001. Section 11.122(b-1), Water Code, as added
by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 11.122(b-1),
Water Code, as added by Chapter 429 (S.B. 1430), Acts of the 85th
Legislature, Regular Session, 2017.
SECTION 17.002. Section 54.016(a), Water Code, as amended
by Chapters 761 (S.B. 1987) and 965 (S.B. 2014), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
(a) No land within the corporate limits of a city or within
the extraterritorial jurisdiction of a city, shall be included in a
district unless the city grants its written consent, by resolution
or ordinance, to the inclusion of the land within the district in
accordance with Section 42.042, Local Government Code, and this
section. The request to a city for its written consent to the
creation of a district, shall be signed by a majority in value of
the holders of title of the land within the proposed district as
indicated by the county tax rolls. A petition for the written
consent of a city to the inclusion of land within a district shall
describe the boundaries of the land to be included in the district
by metes and bounds or by lot and block number, if there is a
recorded map or plat and survey of the area, and state the general
nature of the work proposed to be done, the necessity for the work,
and the cost of the project as then estimated by those filing the
petition. If, at the time a petition is filed with a city for
creation of a district, the district proposes to connect to a city’s
water or sewer system or proposes to contract with a regional water
and wastewater provider which has been designated as such by the
commission as of the date such petition is filed, to which the city
has made a capital contribution for the water and wastewater
facilities serving the area, the proposed district shall be
designated as a “city service district.” If such proposed district
does not meet the criteria for a city service district at the time
the petition seeking creation is filed, such district shall be
designated as a “noncity service district.” The city’s consent
shall not place any restrictions or conditions on the creation of a
noncity service district as defined by this chapter other than
those expressly provided in Subsection (e) of this section and
shall specifically not limit the amounts of the district’s bonds. A
city may not require annexation as a consent to creation of any
district. A city shall not refuse to approve a district bond issue
for any reason except that the district is not in compliance with
valid consent requirements applicable to the district. If a city
grants its written consent without the concurrence of the applicant
to the creation of a noncity service district containing conditions
or restrictions that the petitioning land owner or owners
reasonably believe exceed the city’s powers, such land owner or
owners may petition the commission to create the district and to
modify the conditions and restrictions of the city’s consent. The
commission may declare any provision of the consent to be null and
void. The commission may approve the creation of a district that
includes any portion of the land covered by the city’s consent to
creation of the district. The legislature may create and may
validate the creation of a district that includes any portion of the
land covered by the city’s consent to the creation of the district.
SECTION 17.003. Section 62.153, Water Code, as amended by
Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th
Legislature, Regular Session, 2017, is reenacted to read as
follows:
Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF
DESIGNATED OFFICER. (a) The district treasurer shall:
(1) open an account for all funds received by the
district treasurer for the district and all district funds which
the treasurer pays out;
(2) pay out money on vouchers signed by the chairman of
the commission, any two members of the commission, or the
commissioners court, or any two of any number of persons delegated
by the commission with authority to sign vouchers, provided that
the commission may, in such delegation, limit the authority of such
persons and may require that each furnish a fidelity bond in such
amount as the commission shall specify and subject to commission
approval;
(3) carefully preserve all orders for the payment of
money;
(4) render a correct account to the commissioners
court of all matters relating to the financial condition of the
district as often as required by the commissioners court; and
(5) not be required to sign a check drawn on a
depository selected under Section 62.156, unless the district
treasurer is the designated officer of the district, as defined by
Section 60.271(g).
(b) A designated officer of a district may make a payment on
behalf of the district by a check drawn on a depository selected
under Section 62.155 in a manner consistent with the payment
procedures adopted under Section 60.271(f) without authorization
by the district treasurer.
ARTICLE 18. CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL
STATUTES
SECTION 18.001. (a) Chapter 2101, Government Code, is
amended to codify Chapter 817 (S.B. 127), Acts of the 73rd
Legislature, Regular Session, 1993 (Article 4413(34e), Vernon’s
Texas Civil Statutes), by adding Subchapter D to read as follows:
SUBCHAPTER D. FINANCIAL REPORTING BY CERTAIN FUNDS AND TRUST
ACCOUNTS
Sec. 2101.051. DEFINITION. In this subchapter,
“economically targeted investment” means an investment in which at
least 50 percent of the total investment is allocated to economic
development within this state or investment in businesses or
entities located within this state. (V.A.C.S. Art. 4413(34e), Sec.
4.)
Sec. 2101.052. APPLICABILITY OF SUBCHAPTER. The
requirements of this subchapter apply only to:
(1) the permanent school fund;
(2) the permanent university fund;
(3) the Teacher Retirement System of Texas trust fund;
and
(4) each trust account administered by the Employees
Retirement System of Texas. (V.A.C.S. Art. 4413(34e), Sec. 1.)
Sec. 2101.053. REPORT DEADLINE; CONTENT OF REPORT. (a) The
manager of each fund or account to which this subchapter applies
shall submit to the governor, the lieutenant governor, the speaker
of the house of representatives, and the executive director of the
State Pension Review Board:
(1) not later than January 25 of each year, a report
with the information required by Subsection (b) covering the last
six months of the previous calendar year; and
(2) not later than June 25 of each year, a report with
the information required by Subsection (b) covering the first six
months of that calendar year.
(b) Each report submitted under Subsection (a) must include
the following:
(1) the number of beneficiaries of the fund or
account;
(2) the name of each individual responsible for
administering the fund or account and the discretionary investment
authority granted to the individual;
(3) the investment objectives of the fund or account;
(4) the current end-of-month market value of the fund
or account;
(5) the current book value of the fund or account;
(6) the names and amounts of the 10 largest stock
holdings of the fund or account and the investment performance of
those stock holdings during the last 12-month period;
(7) the asset allocations of the fund or account
expressed in percentages of stocks, fixed income, real estate,
cash, or other financial investments; and
(8) the names and amounts of all investments made by
the fund or account in economically targeted investments. (V.A.C.S.
Art. 4413(34e), Secs. 2, 3.)
Sec. 2101.054. EFFECT OF SUBCHAPTER. This subchapter does
not diminish, impair, contradict, or affect the duties, powers, or
authorities granted or imposed on a governing board of a fund or
account listed in Section 2101.052 by the constitution or laws of
this state. (V.A.
C.S. Art. 4413(34e), Sec. 5.)
(b) Chapter 817 (S.B. 127), Acts of the 73rd Legislature,
Regular Session, 1993 (Article 4413(34e), Vernon’s Texas Civil
Statutes), is repealed.
SECTION 18.002. (a) Title 13, Local Government Code, is
amended to codify Article 1175, Revised Statutes, by adding
Subtitle D to read as follows:
SUBTITLE D. POWERS OF COUNTIES OR MUNICIPALITIES OVER UTILITIES
GENERALLY
CHAPTER 590. POWERS OF MUNICIPALITIES OVER UTILITIES
Sec. 590.0001. POWERS OF HOME-RULE MUNICIPALITIES RELATING
TO UTILITIES. Except as otherwise provided by state law enacted
after the Revised Statutes of 1925 (S.B. 84, Acts of the 39th
Legislature, Regular Session, 1925) or by federal law:
(1) a home-rule municipality may:
(A) prohibit the use of any street, alley,
highway, or grounds of the municipality by any telegraph,
telephone, electric light, street railway, interurban railway,
steam railway, gas company, or any other character of public
utility without first obtaining the consent of the governing
authorities expressed by ordinance and on paying such compensation
as may be prescribed and on such condition as may be provided by any
such ordinance; and
(B) determine, fix, and regulate the charges,
fares, or rates of any person, firm, or corporation enjoying or that
may enjoy the franchise or exercising any other public privilege in
said municipality and prescribe the kind of service to be furnished
by such person, firm, or corporation, and the manner in which it
shall be rendered, and from time to time alter or change such rules,
regulations, and compensation; provided that in adopting such
regulations and in fixing or changing such compensation, or
determining the reasonableness thereof, no stock or bonds
authorized or issued by any corporation enjoying the franchise
shall be considered unless proof that the same have been actually
issued by the corporation for money paid and used for the
development of the corporate property, labor done, or property
actually received in accordance with the laws and constitution of
this state applicable thereto;
(2) in order to ascertain all facts necessary for a
proper understanding of what is or should be a reasonable rate or
regulation, the governing authority shall have full power to
inspect the books and compel the attendance of witnesses for such
purpose;
(3) provided that in any municipality with a
population of more than 25,000, the governing body of such
municipality, when the public service of such municipality may
require the same, shall have the right and power to compel any
street railway or other public utility corporation to extend its
lines of service into any section of said municipality not to exceed
two miles, all told, in any one year; and
(4) whenever any municipality may determine to acquire
any public utility using and occupying its streets, alleys, and
avenues as hereinbefore provided, and it shall be necessary to
condemn the said public utility, the municipality may obtain funds
for the purpose of acquiring the said public utility and paying the
compensation therefor, by issuing bonds, notes, or other evidence
of indebtedness and shall secure the same by fixing a lien on the
said properties constituting the said public utility so acquired by
condemnation or purchase or otherwise; said security shall apply
alone to said properties so pledged; and such further regulations
may be provided by any charter for the proper financing or raising
the revenue necessary for obtaining any public utilities and
providing for the fixing of said security.
(b) Section 341.081, Health and Safety Code, is amended to
read as follows:
Sec. 341.081. AUTHORITY OF HOME-RULE MUNICIPALITIES NOT
AFFECTED. This chapter prescribes the minimum requirements of
sanitation and health protection in this state and does not affect a
home-rule municipality’s authority to enact:
(1) more stringent ordinances in matters relating to
this chapter; or
(2) an ordinance under:
(A) Section 5, Article XI, [Section V, of the]
Texas Constitution; or
(B) [Article 1175, Revised Statutes; or
[(C)] Section 51.072 or 590.0001, Local
Government Code.
(c) Section 438.037, Health and Safety Code, is amended to
read as follows:
Sec. 438.037. MUNICIPAL ORDINANCES. This subchapter does
not affect the authority granted under Section 5, Article XI,
[Section 5, of the] Texas Constitution, [Article 1175, Revised
Statutes,] Subchapter F of this chapter, and the applicable
chapters of the Local Government Code to a Type A general-law
municipality or a home-rule municipality to adopt an ordinance
relating to this subchapter.
(d) Article 1175, Revised Statutes, is repealed.
(e) The heading to Chapter 13, Revised Statutes, is
repealed.
SECTION 18.003. (a) Chapter 2021, Occupations Code, as
effective April 1, 2019, is amended to codify Section 6, Chapter 19
(S.B. 15), Acts of the 69th Legislature, 2nd Called Session, 1986
(Article 179e-2, Vernon’s Texas Civil Statutes), by adding Section
2021.009 to read as follows:
Sec. 2021.009. PROHIBITED USE OF STATE APPROPRIATED FUNDS.
This subtitle prohibits the use of state appropriated funds for
capital improvements to racetracks or for interest payments on such
facilities except for racetracks that were publicly owned on
September 1, 1986.
(b) Section 6, Chapter 19 (S.B. 15), Acts of the 69th
Legislature, 2nd Called Session, 1986 (Article 179e-2, Vernon’s
Texas Civil Statutes), is repealed.
SECTION 18.004. (a) Section 6, Chapter 355 (H.B. 417),
General Laws, Acts of the 44th Legislature, Regular Session, 1935
(Article 6819d, Vernon’s Texas Civil Statutes), is repealed as
executed.
(b) The heading to Title 117, Revised Statutes, is repealed.
ARTICLE 19. CONFORMING CHANGES RELATING TO THE ABOLISHMENT OF THE
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
SECTION 19.001. Section 22.056, Business Organizations
Code, is amended to read as follows:
Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors
of medicine and osteopathy licensed by the Texas Medical Board,
podiatrists licensed by the Texas Department of Licensing and
Regulation [State Board of Podiatric Medical Examiners], and
chiropractors licensed by the Texas Board of Chiropractic Examiners
may form a corporation that is jointly owned, managed, and
controlled by those practitioners to perform a professional service
that falls within the scope of practice of those practitioners and
consists of:
(1) carrying out research in the public interest in
medical science, medical economics, public health, sociology, or a
related field;
(2) supporting medical education in medical schools
through grants or scholarships;
(3) developing the capabilities of individuals or
institutions studying, teaching, or practicing medicine, including
podiatric medicine, or chiropractic;
(4) delivering health care to the public; or
(5) instructing the public regarding medical science,
public health, hygiene, or a related matter.
(b) When doctors of medicine, osteopathy, podiatry, and
chiropractic form a corporation that is jointly owned by those
practitioners, the authority of each of the practitioners is
limited by the scope of practice of the respective practitioners
and none can exercise control over the other’s clinical authority
granted by their respective licenses, either through agreements,
the certificate of formation or bylaws of the corporation,
directives, financial incentives, or other arrangements that would
assert control over treatment decisions made by the practitioner.
The Texas Medical Board, the Texas Department of Licensing and
Regulation [State Board of Podiatric Medical Examiners], and the
Texas Board of Chiropractic Examiners continue to exercise
regulatory authority over their respective licenses.
SECTION 19.002. Sections 152.055(a) and (c), Business
Organizations Code, are amended to read as follows:
(a) Persons licensed as doctors of medicine and persons
licensed as doctors of osteopathy by the Texas Medical Board,
persons licensed as podiatrists by the Texas Department of
Licensing and Regulation [State Board of Podiatric Medical
Examiners], and persons licensed as chiropractors by the Texas
Board of Chiropractic Examiners may create a partnership that is
jointly owned by those practitioners to perform a professional
service that falls within the scope of practice of those
practitioners.
(c) The Texas Medical Board, the Texas Department of
Licensing and Regulation [State Board of Podiatric Medical
Examiners], and the Texas Board of Chiropractic Examiners continue
to exercise regulatory authority over their respective licenses.
SECTION 19.003. Section 301.012(a), Business Organizations
Code, is amended to read as follows:
(a) Persons licensed as doctors of medicine and persons
licensed as doctors of osteopathy by the Texas Medical Board,
persons licensed as podiatrists by the Texas Department of
Licensing and Regulation [State Board of Podiatric Medical
Examiners], and persons licensed as chiropractors by the Texas
Board of Chiropractic Examiners may jointly form and own a
professional association or a professional limited liability
company to perform professional services that fall within the scope
of practice of those practitioners.
SECTION 19.004. Section 411.122(d), Government Code, is
amended to read as follows:
(d) The following state agencies are subject to this
section:
(1) Texas Appraiser Licensing and Certification
Board;
(2) Texas Board of Architectural Examiners;
(3) Texas Board of Chiropractic Examiners;
(4) State Board of Dental Examiners;
(5) Texas Board of Professional Engineers;
(6) Texas Funeral Service Commission;
(7) Texas Board of Professional Geoscientists;
(8) Health and Human Services Commission [Department
of State Health Services], except as provided by Section 411.110,
and agencies attached to the commission [department], including:
(A) Texas State Board of Examiners of Marriage
and Family Therapists;
(B) Texas State Board of Examiners of
Professional Counselors; and
(C) Texas State Board of Social Worker Examiners;
(9) Texas Board of Professional Land Surveying;
(10) Texas Department of Licensing and Regulation,
except as provided by Section 411.093;
(11) Texas Commission on Environmental Quality;
(12) Texas Board of Occupational Therapy Examiners;
(13) Texas Optometry Board;
(14) Texas State Board of Pharmacy;
(15) Texas Board of Physical Therapy Examiners;
(16) Texas State Board of Plumbing Examiners;
(17) [Texas State Board of Podiatric Medical
Examiners;
[(18)] Texas State Board of Examiners of
Psychologists;
(18) [(19)] Texas Real Estate Commission;
(19) [(20)] Texas Department of Transportation;
(20) [(21)] State Board of Veterinary Medical
Examiners;
(21) [(22)] Texas Department of Housing and Community
Affairs;
(22) [(23)] secretary of state;
(23) [(24)] state fire marshal;
(24) [(25)] Texas Education Agency;
(25) [(26)] Department of Agriculture; and
(26) [(27)] Texas Department of Motor Vehicles.
SECTION 19.005. Section 2054.2606(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall establish a
profile system consisting of the specific license holder
information prescribed by Subsection (c):
(1) Texas Board of Chiropractic Examiners, with
respect to chiropractors;
(2) Texas Department of Licensing and Regulation
[State Board of Podiatric Medical Examiners], with respect to
podiatrists;
(3) State Board of Dental Examiners, with respect to
dentists;
(4) Texas Optometry Board, with respect to
optometrists and therapeutic optometrists;
(5) Texas Board of Physical Therapy Examiners, with
respect to physical therapists and physical therapy facilities;
(6) Texas Board of Occupational Therapy Examiners,
with respect to occupational therapists and occupational therapy
facilities;
(7) Texas State Board of Examiners of Psychologists,
with respect to psychologists; and
(8) Texas State Board of Pharmacy, with respect to
pharmacists and pharmacies.
SECTION 19.006. Section 2054.352(a), Government Code, is
amended to read as follows:
(a) The following licensing entities shall participate in
the system established under Section 2054.353:
(1) Texas Board of Chiropractic Examiners;
(2) Judicial Branch Certification Commission;
(3) State Board of Dental Examiners;
(4) Texas Funeral Service Commission;
(5) Texas Board of Professional Land Surveying;
(6) Texas Medical Board;
(7) Texas Board of Nursing;
(8) Texas Optometry Board;
(9) Department of Agriculture, for licenses issued
under Chapter 1951, Occupations Code;
(10) Texas State Board of Pharmacy;
(11) Executive Council of Physical Therapy and
Occupational Therapy Examiners;
(12) Texas State Board of Plumbing Examiners;
(13) [Texas State Board of Podiatric Medical
Examiners;
[(14)] Texas State Board of Examiners of
Psychologists;
(14) [(15)] State Board of Veterinary Medical
Examiners;
(15) [(16)] Texas Real Estate Commission;
(16) [(17)] Texas Appraiser Licensing and
Certification Board;
(17) [(18)] Texas Department of Licensing and
Regulation;
(18) [(19)] Texas State Board of Public Accountancy;
(19) [(20)] State Board for Educator Certification;
(20) [(21)] Texas Board of Professional Engineers;
(21) Health and Human Services Commission
[(22) Department of State Health Services];
(22) [(23)] Texas Board of Architectural Examiners;
(23) [(24)] Texas Racing Commission;
(24) [(25)] Texas Commission on Law Enforcement; and
(25) [(26)] Texas Private Security Board.
SECTION 19.007. Section 241.003(13), Health and Safety
Code, is amended to read as follows:
(13) “Podiatrist” means a podiatrist licensed by the
Texas Department of Licensing and Regulation [State Board of
Podiatric Medical Examiners].
SECTION 19.008. Section 401.064(f), Health and Safety Code,
is amended to read as follows:
(f) In adopting rules under this section relating to the
inspection of medical, podiatric medical, dental, veterinary, and
chiropractic electronic products, the executive commissioner shall
solicit and follow the recommendations of the State Board of Dental
Examiners for the inspections of dental electronic products, the
Texas Department of Licensing and Regulation [State Board of
Podiatric Medical Examiners] for the inspection of podiatric
medical electronic products, the Texas Medical Board for the
inspection of medical electronic products, the State Board of
Veterinary Medical Examiners for the inspection of medical
electronic products used in the practice of veterinary medicine,
and the Texas Board of Chiropractic Examiners for the inspection of
chiropractic electronic products, unless in conflict with federal
statutes or federal rules.
SECTION 19.009. Section 481.076(a), Health and Safety Code,
is amended to read as follows:
(a) The board may not permit any person to have access to
information submitted to the board under Section 481.074(q) or
481.075 except:
(1) the board, the Texas Medical Board, the Texas
Department of Licensing and Regulation, with respect to the
regulation of podiatrists [State Board of Podiatric Medical
Examiners], the State Board of Dental Examiners, the State Board of
Veterinary Medical Examiners, the Texas Board of Nursing, or the
Texas Optometry Board for the purpose of:
(A) investigating a specific license holder; or
(B) monitoring for potentially harmful
prescribing or dispensing patterns or practices under Section
481.0762;
(2) an authorized officer or member of the department
or authorized employee of the board engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(3) the department on behalf of a law enforcement or
prosecutorial official engaged in the administration,
investigation, or enforcement of this chapter or another law
governing illicit drugs in this state or another state;
(4) a medical examiner conducting an investigation;
(5) provided that accessing the information is
authorized under the Health Insurance Portability and
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations
adopted under that Act:
(A) a pharmacist or a pharmacy technician, as
defined by Section 551.003, Occupations Code, acting at the
direction of a pharmacist; or
(B) a practitioner who:
(i) is a physician, dentist, veterinarian,
podiatrist, optometrist, or advanced practice nurse or is a
physician assistant described by Section 481.002(39)(D) or an
employee or other agent of a practitioner acting at the direction of
a practitioner; and
(ii) is inquiring about a recent Schedule
II, III, IV, or V prescription history of a particular patient of
the practitioner;
(6) a pharmacist or practitioner who is inquiring
about the person’s own dispensing or prescribing activity; or
(7) one or more states or an association of states with
which the board has an interoperability agreement, as provided by
Subsection (j).
SECTION 19.010. Section 483.001(12), Health and Safety
Code, is amended to read as follows:
(12) “Practitioner” means:
(A) a person licensed by:
(i) the Texas Medical Board, State Board of
Dental Examiners, [Texas State Board of Podiatric Medical
Examiners,] Texas Optometry Board, or State Board of Veterinary
Medical Examiners to prescribe and administer dangerous drugs; or
(ii) the Texas Department of Licensing and
Regulation, with respect to podiatry, to prescribe and administer
dangerous drugs;
(B) a person licensed by another state in a
health field in which, under the laws of this state, a licensee may
legally prescribe dangerous drugs;
(C) a person licensed in Canada or Mexico in a
health field in which, under the laws of this state, a licensee may
legally prescribe dangerous drugs; or
(D) an advanced practice registered nurse or
physician assistant to whom a physician has delegated the authority
to prescribe or order a drug or device under Section 157.0511,
157.0512, or 157.054, Occupations Code.
SECTION 19.011. Section 843.311, Insurance Code, is amended
to read as follows:
Sec. 843.311. CONTRACTS WITH PODIATRISTS. A contract
between a health maintenance organization and a podiatrist licensed
by the Texas Department of Licensing and Regulation [State Board of
Podiatric Medical Examiners] must provide that:
(1) the podiatrist may request, and the health
maintenance organization shall provide not later than the 30th day
after the date of the request, a copy of the coding guidelines and
payment schedules applicable to the compensation that the
podiatrist will receive under the contract for services;
(2) the health maintenance organization may not
unilaterally make material retroactive revisions to the coding
guidelines and payment schedules; and
(3) the podiatrist may, while practicing within the
scope of the law regulating podiatry, provide x-rays and
nonprefabricated orthotics covered by the evidence of coverage.
SECTION 19.012. Section 843.319, Insurance Code, is amended
to read as follows:
Sec. 843.319. CERTAIN REQUIRED CONTRACTS. Notwithstanding
Section 843.304, a health maintenance organization may not deny a
contract to a podiatrist licensed by the Texas Department of
Licensing and Regulation [State Board of Podiatric Medical
Examiners] who joins the professional practice of a contracted
physician or provider, satisfies the application procedures of the
health maintenance organization, and meets the qualification and
credentialing requirements for contracting with the health
maintenance organization.
SECTION 19.013. Section 1301.0521(a), Insurance Code, is
amended to read as follows:
(a) Notwithstanding Section 1301.051, an insurer may not
withhold the designation of preferred provider to a podiatrist
licensed by the Texas Department of Licensing and Regulation [State
Board of Podiatric Medical Examiners] who:
(1) joins the professional practice of a contracted
preferred provider;
(2) applies to the insurer for designation as a
preferred provider; and
(3) complies with the terms and conditions of
eligibility to be a preferred provider.
SECTION 19.014. Section 1301.062, Insurance Code, is
amended to read as follows:
Sec. 1301.062. PREFERRED PROVIDER CONTRACTS BETWEEN
INSURERS AND PODIATRISTS. A preferred provider contract between an
insurer and a podiatrist licensed by the Texas Department of
Licensing and Regulation [State Board of Podiatric Medical
Examiners] must provide that:
(1) the podiatrist may request a copy of the coding
guidelines and payment schedules applicable to the compensation
that the podiatrist will receive under the contract for services;
(2) the insurer shall provide a copy of the coding
guidelines and payment schedules not later than the 30th day after
the date of the podiatrist’s request;
(3) the insurer may not unilaterally make material
retroactive revisions to the coding guidelines and payment
schedules; and
(4) the podiatrist may, practicing within the scope of
the law regulating podiatry, furnish x-rays and nonprefabricated
orthotics covered by the health insurance policy.
SECTION 19.015. Section 1451.001(17), Insurance Code, is
amended to read as follows:
(17) “Podiatrist” means an individual licensed to
practice podiatry by the Texas Department of Licensing and
Regulation [State Board of Podiatric Medical Examiners].
SECTION 19.016. Section 1452.153, Insurance Code, is
amended to read as follows:
Sec. 1452.153. ELIGIBILITY REQUIREMENTS. To qualify for
expedited credentialing under this subchapter and payment under
Section 1452.154, an applicant podiatrist must:
(1) be licensed as a podiatrist in this state by, and
be in good standing with, the Texas Department of Licensing and
Regulation [State Board of Podiatric Medical Examiners];
(2) submit all documentation and other information
required by the issuer of the managed care plan as necessary to
enable the issuer to begin the credentialing process required by
the issuer to include a podiatrist in the issuer’s health benefit
plan network; and
(3) agree to comply with the terms of the managed care
plan’s participating provider contract currently in force with the
applicant podiatrist’s established professional practice.
SECTION 19.017. Section 56.002, Occupations Code, is
amended to read as follows:
Sec. 56.002. APPLICABILITY. This chapter applies only to
the following licensing authorities:
(1) Texas Board of Chiropractic Examiners;
(2) State Board of Dental Examiners;
(3) Texas Department of Licensing and Regulation, with
respect to the department’s authority to regulate podiatrists
[State Board of Podiatric Medical Examiners]; and
(4) Texas Medical [State] Board [of Medical
Examiners].
SECTION 19.018. Section 101.002, Occupations Code, is
amended to read as follows:
Sec. 101.002. COMPOSITION OF COUNCIL. The council consists
of 14 members, with one member appointed by each of the following:
(1) the Texas Board of Chiropractic Examiners;
(2) the State Board of Dental Examiners;
(3) the Texas Optometry Board;
(4) the Texas State Board of Pharmacy;
(5) the Texas Department of Licensing and Regulation
[State Board of Podiatric Medical Examiners];
(6) the State Board of Veterinary Medical Examiners;
(7) the Texas Medical Board;
(8) the Texas Board of Nursing;
(9) the Texas State Board of Examiners of
Psychologists;
(10) the Texas Funeral Service Commission;
(11) the entity that regulates the practice of
physical therapy;
(12) the entity that regulates the practice of
occupational therapy;
(13) the health licensing division of the Health and
Human Services Commission [Department of State Health Services];
and
(14) the governor’s office.
SECTION 19.019. Section 104.003(g), Occupations Code, is
amended to read as follows:
(g) A person who is licensed by the Texas Department of
Licensing and Regulation to practice podiatry [State Board of
Podiatric Medical Examiners] shall use:
(1) chiropodist;
(2) doctor, D.S.C.;
(3) doctor of surgical chiropody;
(4) D.S.C.;
(5) podiatrist;
(6) doctor, D.P.M.;
(7) doctor of podiatric medicine; or
(8) D.P.M.
SECTION 19.020. Section 601.251, Occupations Code, is
amended to read as follows:
Sec. 601.251. APPLICABILITY. This subchapter applies to
the:
(1) Texas Board of Nursing;
(2) Texas Board of Chiropractic Examiners;
(3) State Board of Dental Examiners;
(4) Texas Medical Board;
(5) Texas Department of Licensing and Regulation, with
respect to the department’s authority to regulate podiatrists
[State Board of Podiatric Medical Examiners]; and
(6) Texas Physician Assistant Board.
ARTICLE 20. NONSUBSTANTIVE REVISION OF CHAPTER 10, CODE OF
CRIMINAL PROCEDURE: PROVISIONS RELATING TO REMOVAL OF HIGHWAY
OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION
SECTION 20.001. Subtitle Z, Title 6, Transportation Code,
is amended by adding Chapter 473 to read as follows:
CHAPTER 473. REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF
CRIMINAL PROSECUTION
Sec. 473.001. ORDER TO REMOVE HIGHWAY OBSTRUCTION. (a)
After a criminal prosecution begins against a person for
obstructing a highway, any person, in behalf of the public, may
apply to the county judge of the county in which the highway is
located for an order to remove the obstruction.
(b) On hearing proof regarding an application to remove an
obstruction, the county judge, either in term time or in vacation,
may issue to the sheriff or other proper officer of the county a
written order directing that officer to remove the obstruction.
(Code Crim. Proc., Art. 10.01 (part).)
Sec. 473.002. BOND REQUIRED. (a) Before an order may be
issued under Section 473.001, the applicant for the order must give
bond with security to indemnify the defendant, in case of the
defendant’s acquittal, for any loss sustained by the defendant.
(b) The amount of the bond must be set by the county judge.
(c) The bond must be approved by the county judge and shall
be filed with the papers in the case. (Code Crim. Proc., Art. 10.01
(part).)
Sec. 473.003. DEFENDANT’S RECOVERY OF BOND AMOUNT ON
ACQUITTAL. (a) If the defendant is acquitted in the criminal case
described by Section 473.001(a), the defendant may maintain a civil
action against the applicant and the applicant’s sureties on the
bond.
(b) The defendant may recover the full amount of the bond,
or an amount of damages that is less than the amount of the bond, as
may be assessed by a court or jury, if the defendant shows at trial
that, at the time the defendant placed the obstruction, the
obstruction was located on the defendant’s own property or on
property in the defendant’s lawful possession and not on a public
highway established by proper authority. (Code Crim. Proc., Art.
10.02.)
Sec. 473.004. REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION.
On the conviction of a defendant for obstructing a public highway,
if the obstruction still exists, the court shall order the sheriff
or other proper officer to immediately remove the obstruction at
the defendant’s cost, to be imposed and collected as other costs in
the case. (Code Crim. Proc., Art. 10.03.)
SECTION 20.002. Chapter 10, Code of Criminal Procedure, is
repealed.
ARTICLE 21. REDESIGNATIONS
SECTION 21.001. The following provisions of enacted codes
are redesignated to eliminate duplicate citations:
(1) Article 2.023, Code of Criminal Procedure, as
added by Chapter 686 (H.B. 34), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Article 2.024, Code of
Criminal Procedure.
(2) Subsection (d), Article 2.13, Code of Criminal
Procedure, as added by Chapter 34 (S.B. 1576), Acts of the 85th
Legislature, Regular Session, 2017, is redesignated as Subsection
(f), Article 2.13, Code of Criminal Procedure.
(3) Section 12, Article 42.01, Code of Criminal
Procedure, as added by Chapter 443 (S.B. 500), Acts of the 85th
Legislature, Regular Session, 2017, is redesignated as Section 13,
Article 42.01, Code of Criminal Procedure.
(4) Subsection (b), Article 42A.511, Code of Criminal
Procedure, as added by Chapter 739 (S.B. 1232), Acts of the 85th
Legislature, Regular Session, 2017, is redesignated as Subsection
(c), Article 42A.511, Code of Criminal Procedure.
(5) Subsection (f), Section 25.081, Education Code, as
added by Chapter 1144 (H.B. 441), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (g), Section
25.081, Education Code.
(6) Subsection (b-1), Section 28.009, Education Code,
as added by Chapter 729 (S.B. 1091), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (b-3), Section
28.009, Education Code.
(7) Subsection (a-2), Section 42.006, Education Code,
as added by Chapter 916 (S.B. 1404), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (a-5), Section
42.006, Education Code.
(8) Section 130.0828, Education Code, as added by
Chapter 181 (S.B. 286), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 130.08285, Education
Code.
(9) Subchapter L, Chapter 130, Education Code, as
added by Chapter 510 (H.B. 2994), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subchapter M, Chapter
130, Education Code, and Sections 130.301, 130.302, 130.303,
130.304, and 130.305, Education Code, as added by that Act, are
redesignated as Sections 130.351, 130.352, 130.353, 130.354, and
130.355, Education Code, respectively.
(10) Section 63.0013, Election Code, as added by
Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 63.0015, Election Code.
(11) Section 276.011, Election Code, as added by
Chapter 828 (H.B. 1735), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 276.012, Election Code.
(12) Section 261.004, Family Code, as added by Chapter
316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017,
is redesignated as Section 261.005, Family Code.
(13) Subsection (j), Section 261.301, Family Code, as
added by Chapter 356 (H.B. 2124), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (k), Section
261.301, Family Code.
(14) Section 261.3017, Family Code, as added by
Chapter 523 (S.B. 190), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 261.3018, Family Code.
(15) Section 262.013, Family Code, as added by Chapter
910 (S.B. 999), Acts of the 85th Legislature, Regular Session,
2017, is redesignated as Section 262.015, Family Code.
(16) Section 264.1211, Family Code, as added by
Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 264.1212, Family Code.
(17) Section 264.1211, Family Code, as added by
Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 264.1213, Family Code.
(18) Section 264.2042, Family Code, as added by
Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 264.2044, Family Code.
(19) Chapter 280, Finance Code, as added by Chapter
376 (H.B. 3921), Acts of the 85th Legislature, Regular Session,
2017, is redesignated as Chapter 281, Finance Code, and Sections
280.001, 280.002, 280.003, 280.004, 280.005, and 280.006, Finance
Code, as added by that Act, are redesignated as Sections 281.001,
281.002, 281.003, 281.004, 281.005, and 281.006, Finance Code,
respectively.
(20) Subsection (k), Section 53.001, Government Code,
as added by Chapter 972 (S.B. 2174), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (m), Section
53.001, Government Code.
(21) Subchapter D, Chapter 155, Government Code, as
added by Chapter 715 (S.B. 36), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subchapter F, Chapter
155, Government Code, and Sections 155.151, 155.152, 155.153, and
155.154, Government Code, as added by that Act, are redesignated as
Sections 155.251, 155.252, 155.253, and 155.254, Government Code,
respectively.
(22) Section 434.024, Government Code, as added by
Chapter 387 (S.B. 588), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 434.025, Government Code.
(23) Section 442.019, Government Code, as added by
Chapter 838 (H.B. 2079), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 442.0195, Government
Code.
(24) Section 531.0999, Government Code, as added by
Chapter 561 (S.B. 578), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 531.0925, Government
Code.
(25) Section 531.0999, Government Code, as added by
Chapter 770 (H.B. 13), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 531.0991, Government
Code.
(26) Section 662.065, Government Code, as added by
Chapter 1139 (H.B. 297), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 662.067, Government Code.
(27) Section 662.065, Government Code, as added by
Chapter 692 (H.B. 208), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 662.068, Government Code.
(28) Section 662.065, Government Code, as added by
Chapter 1133 (H.B. 210), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 662.069, Government Code.
(29) Section 662.065, Government Code, as added by
Chapter 1002 (H.B. 1254), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 662.070, Government Code.
(30) Section 772.0073, Government Code, as added by
Chapter 188 (S.B. 12), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 772.0075, Government
Code.
(31) Section 772.0073, Government Code, as added by
Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular Session,
2017, is redesignated as Section 772.0076, Government Code.
(32) Section 810.002, Government Code, as added by
Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 810.003, Government Code.
(33) Subchapter F, Chapter 2252, Government Code, as
added by Chapter 597 (S.B. 1289), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subchapter G, Chapter
2252, Government Code.
(34) Section 2256.0206, Government Code, as added by
Chapter 344 (H.B. 1472), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 2256.0207, Government
Code.
(35) Chapter 2270, Government Code, as added by
Chapter 1 (H.B. 89), Acts of the 85th Legislature, Regular Session,
2017, is redesignated as Chapter 2271, Government Code, and
Sections 2270.001 and 2270.002, Government Code, as added by that
Act, are redesignated as Sections 2271.001 and 2271.002, Government
Code, respectively.
(36) Section 191.009, Health and Safety Code, as added
by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 191.010, Health and
Safety Code.
(37) Subsection (a-1), Section 364.011, Health and
Safety Code, as added by Chapter 70 (S.B. 1229), Acts of the 85th
Legislature, Regular Session, 2017, is redesignated as Subsection
(a-2), Section 364.011, Health and Safety Code.
(38) Subsection (n), Section 1701.253, Occupations
Code, as added by Chapter 513 (S.B. 30), Acts of the 85th
Legislature, Regular Session, 2017, is redesignated as Subsection
(o), Section 1701.253, Occupations Code.
(39) Subsection (b-2), Section 22.01, Penal Code, as
added by Chapter 34 (S.B. 1576), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subsection (b-3), Section
22.01, Penal Code.
(40) Subdivision (18), Section 46.01, Penal Code, as
added by Chapter 814 (H.B. 913), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subdivision (19), Section
46.01, Penal Code.
(41) Section 48.03, Penal Code, as added by Chapter
697 (H.B. 810), Acts of the 85th Legislature, Regular Session,
2017, is redesignated as Section 48.04, Penal Code.
(42) Chapter 7998, Special District Local Laws Code,
as added by Chapter 621 (H.B. 4275), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Chapter 8000, Special
District Local Laws Code, and Sections 7998.001, 7998.002,
7998.003, 7998.004, 7998.005, 7998.006, 7998.051, 7998.052,
7998.101, 7998.102, 7998.103, 7998.104, 7998.105, 7998.106,
7998.151, 7998.152, 7998.153, 7998.201, 7998.202, and 7998.203,
Special District Local Laws Code, as added by that Act, are
redesignated as Sections 8000.001, 8000.002, 8000.003, 8000.004,
8000.005, 8000.006, 8000.051, 8000.052, 8000.101, 8000.102,
8000.103, 8000.104, 8000.105, 8000.106, 8000.151, 8000.152,
8000.153, 8000.201, 8000.202, and 8000.203, Special District Local
Laws Code, respectively.
(43) Section 23.524, Tax Code, as added by Chapter 365
(H.B. 3198), Acts of the 85th Legislature, Regular Session, 2017,
is redesignated as Section 23.525, Tax Code.
(44) Section 22.091, Transportation Code, as added by
Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 22.092, Transportation
Code.
(45) Section 223.051, Transportation Code, as added by
Chapter 1155 (S.B. 82), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 223.052, Transportation
Code.
(46) Section 225.123, Transportation Code, as added by
Chapter 54 (H.B. 409), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.134, Transportation
Code.
(47) Section 225.123, Transportation Code, as added by
Chapter 85 (H.B. 947), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.135, Transportation
Code.
(48) Section 225.123, Transportation Code, as added by
Chapter 114 (H.B. 216), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.136, Transportation
Code.
(49) Section 225.123, Transportation Code, as added by
Chapter 176 (H.B. 3536), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.137, Transportation
Code.
(50) Section 225.123, Transportation Code, as added by
Chapter 209 (H.B. 1221), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.138, Transportation
Code.
(51) Section 225.123, Transportation Code, as added by
Chapter 367 (H.B. 3283), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.139, Transportation
Code.
(52) Section 225.123, Transportation Code, as added by
Chapter 375 (H.B. 3917), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.140, Transportation
Code.
(53) Section 225.123, Transportation Code, as added by
Chapter 732 (S.B. 1099), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.141, Transportation
Code.
(54) Section 225.123, Transportation Code, as added by
Chapter 998 (H.B. 1162), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.142, Transportation
Code.
(55) Section 225.123, Transportation Code, as added by
Chapter 55 (H.B. 1483), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.143, Transportation
Code.
(56) Section 225.123, Transportation Code, as added by
Chapter 247 (H.B. 938), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.144, Transportation
Code.
(57) Section 225.123, Transportation Code, as added by
Chapter 255 (H.B. 1303), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.145, Transportation
Code.
(58) Section 225.123, Transportation Code, as added by
Chapter 309 (S.B. 867), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.146, Transportation
Code.
(59) Section 225.123, Transportation Code, as added by
Chapter 492 (H.B. 2675), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.147, Transportation
Code.
(60) Section 225.123, Transportation Code, as added by
Chapter 936 (S.B. 1732), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.148, Transportation
Code.
(61) Section 225.123, Transportation Code, as added by
Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Section 225.149,
Transportation Code.
(62) Section 225.123, Transportation Code, as added by
Section 3, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Section 225.150,
Transportation Code.
(63) Section 225.125, Transportation Code, as added by
Chapter 711 (H.B. 3964), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 225.151, Transportation
Code.
(64) Section 504.323, Transportation Code, as added by
Chapter 274 (H.B. 2115), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 504.324, Transportation
Code.
(65) Section 504.668, Transportation Code, as added by
Chapter 116 (H.B. 263), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 504.669, Transportation
Code.
(66) Section 504.668, Transportation Code, as added by
Chapter 1003 (H.B. 1256), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 504.670, Transportation
Code.
(67) Section 521.0062, Transportation Code, as added
by Chapter 1078 (H.B. 3359), Acts of the 85th Legislature, Regular
Session, 2017, is redesignated as Section 521.0063, Transportation
Code.
(68) Subchapter U, Chapter 623, Transportation Code,
as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature,
Regular Session, 2017, is redesignated as Subchapter V, Chapter
623, Transportation Code, and Sections 623.401, 623.402, 623.403,
623.404, 623.405, 623.406, and 623.407, Transportation Code, as
added by that Act, are redesignated as Sections 623.421, 623.422,
623.423, 623.424, 623.425, 623.426, and 623.427, Transportation
Code, respectively.
(69) Section 13.148, Water Code, as added by Chapter
305 (H.B. 1461), Acts of the 83rd Legislature, Regular Session,
2013, is redesignated as Section 13.149, Water Code.
SECTION 21.002. The following changes are made to conform
the provisions amended to the redesignating changes made by Section
21.001 of this Act and to correct cross-references:
(1) Article 42.0196, Code of Criminal Procedure, is
amended to read as follows:
Art. 42.0196. FINDING REGARDING OFFENSE RELATED TO
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense
described by Section 810.003 [810.002], Government Code, the judge
shall make an affirmative finding of fact and enter the affirmative
finding in the judgment in the case if the judge determines that the
defendant is:
(1) a member of the elected class described by Section
810.003(b)(1) [810.002(b)(1)], Government Code, while a member of
the Employees Retirement System of Texas; or
(2) a holder of an elected office for which the
defendant wholly or partly became eligible for membership in a
public retirement system.
(b) A judge who makes the affirmative finding described by
this article shall make the determination and provide the notice
required by Section 810.003(k) [810.002(k)], Government Code.
(2) Section 130.352, Education Code, as redesignated
from Section 130.302, Education Code, by Section 21.001 of this
Act, is amended to read as follows:
Sec. 130.352 [130.302]. FORMULA FUNDING FOR WORKFORCE
CONTINUING EDUCATION COURSES. Notwithstanding Section 130.003 or
any other law, contact hours attributable to the enrollment of a
student in a workforce continuing education course offered by a
public junior college shall be included in the contact hours used to
determine the college’s proportionate share of state money
appropriated and distributed to public junior colleges under
Sections 130.003 and 130.0031, regardless of whether the college
waives all or part of the tuition or fees for the course under
Section 130.354 [130.304].
(3) Section 130.354, Education Code, as redesignated
from Section 130.304, Education Code, by Section 21.001 of this
Act, is amended to read as follows:
Sec. 130.354 [130.304]. WAIVER OF TUITION AND FEES FOR
WORKFORCE CONTINUING EDUCATION COURSES. A public junior college
may waive all or part of the tuition or fees charged to a student for
a workforce continuing education course only if:
(1) the student:
(A) is enrolled in high school or in a school
described by Section 130.353(a)(2) [130.303(a)(2)];
(B) is 16 years of age or older, has had the
disabilities of minority removed, and is not enrolled in secondary
education; or
(C) is under the age of 18 and is incarcerated;
(2) all or a significant portion of the college’s costs
for facilities, instructor salaries, equipment, and other expenses
for the course are covered by business, industry, or other local
public or private entities; or
(3) the course is taught in a federal correctional
facility and the facilities, equipment, supplies, and other
expenses for the course are funded by the federal government.
(4) Subsection (d), Section 63.0015, Election Code, as
redesignated from Subsection (d), Section 63.0013, Election Code,
by Section 21.001 of this Act, is amended to read as follows:
(d) The notice required by Subsection (c) must read:
“Pursuant to Section 63.0015 [63.0013], Election Code, an election
officer may give voting order priority to individuals with a
mobility problem that substantially impairs the person’s ability to
move around. A person assisting an individual with a mobility
problem may also, at the individual’s request, be given voting
order priority. Disabilities and conditions that may qualify you
for voting order priority include paralysis, lung disease, the use
of portable oxygen, cardiac deficiency, severe limitation in the
ability to walk due to arthritic, neurological, or orthopedic
condition, wheelchair confinement, arthritis, foot disorder, the
inability to walk 200 feet without stopping to rest, or use of a
brace, cane, crutch, or other assistive device.”
(5) Section 1104.359(a), Estates Code, is amended to
read as follows:
(a) A guardianship program may not be appointed guardian:
(1) if the program is not registered as required under
Subchapter F [D], Chapter 155, Government Code;
(2) if a registration certificate issued to the
program under Subchapter F [D], Chapter 155, Government Code, is
expired or refused renewal, or has been revoked and not been
reissued; or
(3) during the time a registration certificate issued
to the program under Subchapter F [D], Chapter 155, Government
Code, is suspended.
(6) Section 281.003, Finance Code, as redesignated
from Section 280.003, Finance Code, by Section 21.001 of this Act,
is amended to read as follows:
Sec. 281.003 [280.003]. NOTIFYING THIRD PARTIES OF
SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS. If a
financial institution submits a report of suspected financial
exploitation of a vulnerable adult to the department under Section
281.002(b) [280.002(b)], the financial institution may at the time
the financial institution submits the report also notify a third
party reasonably associated with the vulnerable adult of the
suspected financial exploitation, unless the financial institution
suspects the third party of financial exploitation of the
vulnerable adult.
(7) Subsections (a) and (b), Section 281.004, Finance
Code, as redesignated from Subsections (a) and (b), Section
280.004, Finance Code, by Section 21.001 of this Act, are amended to
read as follows:
(a) Notwithstanding any other law, if a financial
institution submits a report of suspected financial exploitation of
a vulnerable adult to the department under Section 281.002(b)
[280.002(b)], the financial institution:
(1) may place a hold on any transaction that:
(A) involves an account of the vulnerable adult;
and
(B) the financial institution has cause to
believe is related to the suspected financial exploitation; and
(2) must place a hold on any transaction involving an
account of the vulnerable adult if the hold is requested by the
department or a law enforcement agency.
(b) Subject to Subsection (c), a hold placed on any
transaction under Subsection (a) expires on the 10th business day
after the date the financial institution submits the report under
Section 281.002(b) [280.002(b)].
(8) Section 281.005, Finance Code, as redesignated
from Section 280.005, Finance Code, by Section 21.001 of this Act,
is amended to read as follows:
Sec. 281.005 [280.005]. IMMUNITY. (a) An employee of a
financial institution who makes a notification under Section
281.002(a) [280.002(a)], a financial institution that submits a
report under Section 281.002(b) [280.002(b)] or makes a
notification to a third party under Section 281.003 [280.003], or
an employee who or financial institution that testifies or
otherwise participates in a judicial proceeding arising from a
notification or report is immune from any civil or criminal
liability arising from the notification, report, testimony, or
participation in the judicial proceeding, unless the employee or
financial institution acted in bad faith or with a malicious
purpose.
(b) A financial institution that in good faith and with the
exercise of reasonable care places or does not place a hold on any
transaction under Section 281.004(a)(1) [280.004(a)(1)] is immune
from any civil or criminal liability or disciplinary action
resulting from that action or failure to act.
(9) Section 53.0071, Government Code, is amended to
read as follows:
Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the
appointing judge provides otherwise in the order of appointment, a
bailiff appointed under Section 53.001(b), (g), [or] (k), or (m) or
53.002(c), (e), or (f) is a “peace officer” for purposes of Article
2.12, Code of Criminal Procedure.
(10) Subsection (b), Section 155.253, Government
Code, as redesignated from Subsection (b), Section 155.153,
Government Code, by Section 21.001 of this Act, is amended to read
as follows:
(b) The supreme court shall adopt rules and procedures for
issuing, renewing, suspending, or revoking a registration
certificate under this section. Rules adopted by the supreme court
under this section must:
(1) ensure compliance with the standards adopted under
Section 155.252 [155.152];
(2) provide that the commission establish
qualifications for obtaining and maintaining a registration
certificate;
(3) provide that a registration certificate expires on
the second anniversary of the date the certificate is issued;
(4) prescribe procedures for accepting complaints and
conducting investigations of alleged violations by guardianship
programs of the standards adopted under Section 155.252 [155.152]
or other violations of this chapter or other applicable state law;
(5) prescribe procedures by which the commission,
after notice and hearing, may suspend or revoke the registration
certificate of a guardianship program that does not substantially
comply with the standards adopted under Section 155.252 [155.152]
or other provisions of this chapter or other applicable state law;
and
(6) prescribe procedures for addressing a
guardianship for which a guardianship program is the appointed
guardian if the guardianship program’s registration certificate is
expired or refused renewal, or has been revoked and not been
reissued.
(11) Subsection (a), Section 364.034, Health and
Safety Code, is amended to read as follows:
(a) A public agency or a county may:
(1) offer solid waste disposal service to persons in
its territory, including, in the case of a county described by
Section 364.011(a-2)(2) [364.011(a-1)(2)], an area of the county
located within the extraterritorial jurisdiction of a municipality
if the municipality does not provide solid waste disposal services
in that area;
(2) require the use of the service by those persons,
except as provided by Subsection (a-1);
(3) charge fees for the service; and
(4) establish the service as a utility separate from
other utilities in its territory.
(12) Section 364.0345, Health and Safety Code, is
amended to read as follows:
Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED
SERVICE IN CERTAIN AREAS. The commissioners court of a county
described by Section 364.011(a-2)(2) [364.011(a-1)(2)] that
requires the use of a county solid waste disposal service under
Section 364.034 in the extraterritorial jurisdiction of a
municipality may adopt orders to enforce the requirement, including
an order establishing a civil or administrative penalty in an
amount reasonable and necessary to ensure compliance with the
requirement.
(13) Subsection (b), Section 1003.056, Health and
Safety Code, is amended to read as follows:
(b) This subchapter does not affect or authorize a person to
violate any law regulating the possession, use, or transfer of
fetal tissue, fetal stem cells, adult stem cells, or human organs,
including Sections 48.02 and 48.04 [48.03], Penal Code.
(14) Subsection (f), Section 22.01, Penal Code, is
amended to read as follows:
(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2)
[(b-2)(2)]:
(1) a defendant has been previously convicted of an
offense listed in those subsections committed against a person
whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if
the defendant was adjudged guilty of the offense or entered a plea
of guilty or nolo contendere in return for a grant of deferred
adjudication, regardless of whether the sentence for the offense
was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision;
and
(2) a conviction under the laws of another state for an
offense containing elements that are substantially similar to the
elements of an offense listed in those subsections is a conviction
of the offense listed.
(15) Section 8000.004, Special District Local Laws
Code, as redesignated from Section 7998.004, Special District Local
Laws Code, by Section 21.001 of this Act, is amended to read as
follows:
Sec. 8000.004 [7998.004]. CONSENT OF MUNICIPALITY
REQUIRED. The temporary directors may not hold an election under
Section 8000.003 [7998.003] until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has consented by ordinance or resolution to the creation of
the district and to the inclusion of land in the district.
(16) Subsection (b), Section 8000.051, Special
District Local Laws Code, as redesignated from Subsection (b),
Section 7998.051, Special District Local Laws Code, by Section
21.001 of this Act, is amended to read as follows:
(b) Except as provided by Section 8000.052 [7998.052],
directors serve staggered four-year terms.
(17) Subsections (b) and (c), Section 8000.052,
Special District Local Laws Code, as redesignated from Subsections
(b) and (c), Section 7998.052, Special District Local Laws Code, by
Section 21.001 of this Act, are amended to read as follows:
(b) Temporary directors serve until the earlier of:
(1) the date permanent directors are elected under
Section 8000.003 [7998.003]; or
(2) the fourth anniversary of the effective date of
the Act enacting this chapter.
(c) If permanent directors have not been elected under
Section 8000.003 [7998.003] and the terms of the temporary
directors have expired, successor temporary directors shall be
appointed or reappointed as provided by Subsection (d) to serve
terms that expire on the earlier of:
(1) the date permanent directors are elected under
Section 8000.003 [7998.003]; or
(2) the fourth anniversary of the date of the
appointment or reappointment.
(18) Subsections (e) and (h), Section 8000.106,
Special District Local Laws Code, as redesignated from Subsections
(e) and (h), Section 7998.106, Special District Local Laws Code, by
Section 21.001 of this Act, are amended to read as follows:
(e) The board may adopt an order dividing the district
before or after the date the board holds an election under Section
8000.003 [7998.003] to confirm the district’s creation.
(h) A new district created by the division of the district
shall hold a confirmation and directors’ election as required by
Section 8000.003 [7998.003].
(19) Subsection (a), Section 8000.152, Special
District Local Laws Code, as redesignated from Subsection (a),
Section 7998.152, Special District Local Laws Code, by Section
21.001 of this Act, is amended to read as follows:
(a) If authorized at an election held under Section 8000.151
[7998.151], the district may impose an operation and maintenance
tax on taxable property in the district in accordance with Section
49.107, Water Code.
(20) Subsection (a-1), Section 621.508,
Transportation Code, is amended to read as follows:
(a-1) The affirmative defense provided by Subsection (a)
does not apply to the excess weights authorized under Section
623.421(b) [623.401(b)].
(21) Subsection (b), Section 623.003, Transportation
Code, as amended by Chapters 108 (S.B. 1524) and 750 (S.B. 1383),
Acts of the 85th Legislature, Regular Session, 2017, is reenacted
and amended to read as follows:
(b) The Texas Department of Transportation shall provide
the department with all routing information necessary to complete a
permit issued under Section 623.071, 623.121, 623.142, 623.192, [or
623.401] 623.402, or 623.421.
(22) Subsection (a), Section 623.424, Transportation
Code, as redesignated from Subsection (a), Section 623.404,
Transportation Code, by Section 21.001 of this Act, is amended to
read as follows:
(a) Except as provided by Subsections (b) and (c), a vehicle
combination operating under a permit under this subchapter may
operate on a federal interstate highway or a state, county, or
municipal road, including a frontage road adjacent to a federal
interstate highway, if the truck-tractor displays a sticker
required by Section 623.422 [623.402] and the vehicle combination
does not exceed the maximum axle or gross weight applicable to the
combination under the terms of the permit.
(23) Section 623.425, Transportation Code, as
redesignated from Section 623.405, Transportation Code, by Section
21.001 of this Act, is amended to read as follows:
Sec. 623.425 [623.405]. CERTAIN COUNTY OR MUNICIPAL
ACTIONS PROHIBITED. Unless otherwise provided by state or federal
law, a county or municipality may not require a permit, fee, or
license for the operation of a vehicle combination described by
Section 623.421(a) [623.401(a)] or (b) in addition to a permit,
fee, or license required by state law.
(24) Subdivision (2), Subsection A, Section 45, The
Securities Act (Article 581-45, Vernon’s Texas Civil Statutes), is
amended to read as follows:
(2) “Exploitation,” “financial exploitation,” and
“vulnerable adult” have the meanings assigned by Section 281.001
[280.001], Finance Code.
SECTION 21.003. The following provisions of enacted codes
are repealed to eliminate duplicate citations:
(1) Section 225.123, Transportation Code, as added by
Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 225.128,
Transportation Code.
(2) Section 225.123, Transportation Code, as added by
Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 225.131,
Transportation Code.
(3) Section 225.123, Transportation Code, as added by
Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 225.132,
Transportation Code.
(4) Section 225.123, Transportation Code, as added by
Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular
Session, 2017, is repealed as duplicative of Section 225.130,
Transportation Code.
(5) Section 225.124, Transportation Code, as added by
Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature,
Regular Session, 2017, is repealed as duplicative of Section
225.129, Transportation Code.
ARTICLE 22. EFFECTIVE DATE
SECTION 22.001. This Act takes effect September 1, 2019.

______________________________                                                          ______________________________
President of the Senate                                                         Speaker of the House

I certify that H.B. No. 4170 was passed by the House on May 3,
2019, by the following vote: Yeas 138, Nays 2, 2 present, not
voting.

______________________________
Chief Clerk of the House

I certify that H.B. No. 4170 was passed by the Senate on May
21, 2019, by the following vote: Yeas 31, Nays 0.

______________________________
Secretary of the Senate

APPROVED:        ____________________
Date

                                       _____________________
Governor

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