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S.B. No. 1969

S.B. No. 1969

AN ACT

relating to nonsubstantive additions to and corrections in enacted
codes, to the nonsubstantive codification or disposition of various
laws omitted from enacted codes, to conforming codifications
enacted by the 80th Legislature to other Acts of that legislature,
and to the repeal of certain unconstitutional laws.
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 80th
Legislature to other Acts of that legislature that amended the laws
codified or added new law to subject matter codified;
(3) making necessary corrections to enacted
codifications;
(4) repealing various civil statutes appellate courts
have held to be unconstitutional; and
(5) renumbering titles, chapters, and sections of
codes that duplicate title, chapter, or section numbers.
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 81st Legislature, Regular Session, 2009. 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 81st Legislature, Regular Session, 2009, 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.
ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE
SECTION 2.001. Section 2.003(a), Agriculture Code, is
amended to correct an error in punctuation to read as follows:
(a) The agricultural policy of this state must consider and
address:
(1) water availability issues, including planning for
water supplies and drought preparedness and response, by ensuring
that a high priority is assigned to the agricultural use of water;
(2) transportation issues, by ensuring an efficient
and well-maintained farm-to-market road system and intermodal
transportation to provide adequate transportation for agricultural
products at competitive rates;
(3) state regulatory issues, by ensuring the
efficiency and profitability of agricultural enterprises while at
the same time protecting the health, safety, and welfare of
agricultural workers and citizens of this state;[.]
(4) state tax policy, by encouraging tax policy that
promotes the agriculture industry, including production and
processing;
(5) the availability of capital, including state loans
or grants authorized by Section 52-a, Article III, Texas
Constitution, by facilitating access to capital through loans and
grants authorized by the Texas Constitution for agricultural
producers who have established or intend to establish agricultural
operations in Texas;
(6) the promotion of Texas agricultural products, by
promoting the orderly and efficient marketing of agricultural
commodities and enhancing and expanding sales of Texas raw and
processed agricultural products in local, domestic, and foreign
markets;
(7) eradication, control, or exclusion of:
(A) injurious pests and diseases that affect
crops and livestock; and
(B) noxious plant and brush species;
(8) research and education efforts, including
financial risk management, consumer education, and education in the
public schools, by encouraging promotional and educational
programs involving all segments of agriculture and maintaining a
solid foundation of stable and long-term support for food and
agricultural research while improving accountability and gathering
public input concerning research;
(9) promotion of efficient utilization of soil and
water resources, by encouraging efforts to sustain the long-term
productivity of landowners by conserving and protecting the basic
resources of agriculture, including soil, water, and air, while
working within federal mandates relating to natural resources;
(10) rural economic and infrastructure development,
by enhancing, protecting, and encouraging the production of food
and other agricultural products;
(11) protection of property rights and the right to
farm, by promoting and protecting agricultural activities that are
established before nonagricultural activities located near the
agricultural activities and are reasonable and consistent with good
agricultural practices;
(12) preservation of farmland, ranchland, timberland,
and other land devoted to agricultural purposes, by encouraging the
development and improvement of the land for the production of food
and other agricultural products consistent with the philosophy of a
private property rights state;
(13) food safety, by continuing to support production
of the safest food in the world with regulations based on sound
scientific evidence;
(14) efforts to participate in the formulation of
federal programs and policies, by actively addressing the
development of federal policy that affects this state;
(15) promotion of rural fire service, by seeking
opportunities to improve the sustainability and effectiveness of
rural fire service for the protection of the general public and
natural resources; and
(16) promotion of value-added agricultural
enterprises, by promoting efforts to increase the value of Texas
agricultural products through processing, management practices, or
other procedures that add consumer benefits to agricultural goods.
SECTION 2.002. Section 58.039, Agriculture Code, as added
by Section 1, Article 2, Chapter 32 (H.B. 49), Acts of the 70th
Legislature, 2nd Called Session, 1987, and Section 58.039,
Agriculture Code, as added by Section 1, Chapter 1247 (H.B. 1111),
Acts of the 71st Legislature, Regular Session, 1989, are reenacted
and amended to consolidate the two versions of Section 58.039 and to
correct a typographical error to read as follows:
Sec. 58.039. REVIEW BOARD. (a) The bond review board is
composed of:
(1) the governor;
(2) the lieutenant governor;
(3) the speaker of the house of representatives; and
(4) the comptroller of public accounts.
(b) The governor is chairman of the review board.
(c) Bonds may not be issued under this chapter, and proceeds
of bonds under this chapter may not be used to finance a program
unless the issuance or [of] program, as applicable, has been
reviewed and approved by the review board.
(d) The review board may adopt rules governing application
for review, the review process, and reporting requirements.
(e) A member of the review board may not be held liable for
damages resulting from the performance of the members’ functions
under this chapter.
SECTION 2.003. Section 143.021(a), Agriculture Code, is
amended to correct a typographical error to read as follows:
(a) In accordance with this section, the freeholders of a
county or an area within a county may petition the commissioners
[commissions] court to conduct an election for the purpose of
determining if horses, mules, jacks, jennets, donkeys, hogs, sheep,
or goats are to be permitted to run at large in the county or area.
ARTICLE 3. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE
SECTION 3.001. Section 16.06, Alcoholic Beverage Code, is
amended to add a heading to read as follows:
Sec. 16.06. PARTICIPATION IN CERTAIN OFF-PREMISES WINE
EVALUATION ACTIVITIES. (a) For the purpose of participating in an
organized wine tasting, wine evaluation, wine competition, or
literary review, the holder of a winery permit may deliver wine
produced and manufactured by the holder to locations that are not
licensed under this code for the purpose of submitting the wine to
an evaluation at an organized wine tasting competition attended
primarily by unlicensed persons or by a wine reviewer whose reviews
are published if:
(1) no charge of any kind is made for the wine,
delivery, or attendance at the event; and
(2) the commission consents in writing to the
delivery.
(b) In connection with events authorized by Subsection (a)
of this section, the holder of the winery permit may dispense wine
to individuals attending the event and discuss with them the
manufacture and characteristics of the wine.
ARTICLE 4. CHANGES RELATING TO BUSINESS & COMMERCE CODE
SECTION 4.001. (a) Title 4, Business & Commerce Code, is
amended to recodify Section 35.521, Business & Commerce Code, as
added by Section 1, Chapter 498 (S.B. 324), Acts of the 80th
Legislature, Regular Session, 2007, by adding Chapter 56 to read as
follows:
CHAPTER 56. AGREEMENT FOR PAYMENT OF CONSTRUCTION SUBCONTRACTOR
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 56.001. DEFINITIONS. In this chapter:
(1) “Contingent payee” means a party to a contract
with a contingent payment clause, other than an architect or
engineer, whose receipt of payment is conditioned on the contingent
payor’s receipt of payment from another person.
(2) “Contingent payment clause” means a provision in a
contract for construction management, or for the construction of
improvements to real property or the furnishing of materials for
the construction, that provides that the contingent payor’s receipt
of payment from another is a condition precedent to the obligation
of the contingent payor to make payment to the contingent payee for
work performed or materials furnished.
(3) “Contingent payor” means a party to a contract
with a contingent payment clause that conditions payment by the
party on the receipt of payment from another person.
(4) “Improvement” includes new construction,
remodeling, or repair.
(5) “Obligor” means the person obligated to make
payment to the contingent payor for an improvement.
(6) “Primary obligor” means the owner of the real
property to be improved or repaired under the contract, or the
contracting authority if the contract is for a public project. A
primary obligor may be an obligor.
Sec. 56.002. INAPPLICABILITY OF CHAPTER TO CERTAIN
CONTRACTS. This chapter does not apply to a contract that is solely
for:
(1) design services;
(2) the construction or maintenance of a road,
highway, street, bridge, utility, water supply project, water
plant, wastewater plant, water and wastewater distribution or
conveyance facility, wharf, dock, airport runway or taxiway,
drainage project, or related type of project associated with civil
engineering construction; or
(3) improvements to or the construction of a structure
that is a:
(A) detached single-family residence;
(B) duplex;
(C) triplex; or
(D) quadruplex.
Sec. 56.003. EFFECT OF CHAPTER ON TIMING OF PAYMENT
PROVISIONS. This chapter does not affect a provision that affects
the timing of a payment in a contract for construction management or
for the construction of improvements to real property if the
payment is to be made within a reasonable period.
Sec. 56.004. WAIVER OF CHAPTER PROHIBITED. A person may not
waive this chapter by contract or other means. A purported waiver
of this chapter is void.
[Sections 56.005-56.050 reserved for expansion]
SUBCHAPTER B. CONTINGENT PAYMENT CLAUSE
Sec. 56.051. ENFORCEMENT OF CLAUSE PROHIBITED TO EXTENT
CERTAIN CONTRACTUAL OBLIGATIONS NOT MET. A contingent payor or its
surety may not enforce a contingent payment clause to the extent
that the obligor’s nonpayment to the contingent payor is the result
of the contractual obligations of the contingent payor not being
met, unless the nonpayment is the result of the contingent payee’s
failure to meet the contingent payee’s contractual requirements.
Sec. 56.052. ENFORCEMENT OF CLAUSE PROHIBITED FOLLOWING
NOTICE FROM CONTINGENT PAYEE. (a) Except as provided by
Subsection (d), a contingent payor or its surety may not enforce a
contingent payment clause as to work performed or materials
delivered after the contingent payor receives written notice from
the contingent payee objecting to the further enforceability of the
contingent payment clause as provided by this chapter and the
notice becomes effective as provided by Subsection (b). The
contingent payee may send written notice only after the 45th day
after the date the contingent payee submits a written request for
payment to the contingent payor that is in a form substantially in
accordance with the contingent payee’s contract requirements for
the contents of a regular progress payment request or an invoice.
(b) For purposes of Subsection (a), the written notice
becomes effective on the latest of:
(1) the 10th day after the date the contingent payor
receives the notice;
(2) the eighth day after the date interest begins to
accrue against the obligor under:
(A) Section 28.004, Property Code, under a
contract for a private project governed by Chapter 28, Property
Code; or
(B) 31 U.S.C. Section 3903(a)(6), under a
contract for a public project governed by 40 U.S.C. Section 3131; or
(3) the 11th day after the date interest begins to
accrue against the obligor under Section 2251.025, Government Code,
under a contract for a public project governed by Chapter 2251,
Government Code.
(c) A notice given by a contingent payee under Subsection
(a) does not prevent enforcement of a contingent payment clause if:
(1) the obligor has a dispute under Chapter 28,
Property Code, Chapter 2251, Government Code, or 31 U.S.C. Chapter
39 as a result of the contingent payee’s failure to meet the
contingent payee’s contractual requirements; and
(2) the contingent payor gives notice in writing to
the contingent payee that the written notice given under Subsection
(a) does not prevent enforcement of the contingent payment clause
under this subsection and the contingent payee receives the notice
under this subdivision not later than the later of:
(A) the fifth day before the date the written
notice from the contingent payee under Subsection (a) becomes
effective under Subsection (b); or
(B) the fifth day after the date the contingent
payor receives the written notice from the contingent payee under
Subsection (a).
(d) A written notice given by a contingent payee under
Subsection (a) does not prevent the enforcement of a contingent
payment clause to the extent that the funds are not collectible as a
result of a primary obligor’s successful assertion of a defense of
sovereign immunity, if the contingent payor has exhausted all of
its rights and remedies under its contract with the primary obligor
and under Chapter 2251, Government Code. This subsection does not:

(1) create or validate a defense of sovereign
immunity; or
(2) extend to a primary obligor a defense or right that
did not exist before September 1, 2007.
(e) On receipt of payment by the contingent payee of the
unpaid indebtedness giving rise to the written notice provided by
the contingent payee under Subsection (a), the contingent payment
clause is reinstated as to work performed or materials furnished
after the receipt of the payment, subject to the provisions of this
chapter.
Sec. 56.053. ENFORCEMENT OF CLAUSE PROHIBITED IF EXISTENCE
OF SHAM RELATIONSHIP. A contingent payor or its surety may not
enforce a contingent payment clause if the contingent payor is in a
sham relationship with the obligor, as described by the sham
relationships in Section 53.026, Property Code.
Sec. 56.054. ENFORCEMENT OF CLAUSE PROHIBITED IF
UNCONSCIONABLE. (a) A contingent payor or its surety may not
enforce a contingent payment clause if the enforcement would be
unconscionable. The party asserting that a contingent payment
clause is unconscionable has the burden of proving that the clause
is unconscionable.
(b) The enforcement of a contingent payment clause is not
unconscionable if the contingent payor:
(1) proves that the contingent payor has exercised
diligence in ascertaining and communicating in writing to the
contingent payee, before the contract in which the contingent
payment clause has been asserted becomes enforceable against the
contingent payee, the financial viability of the primary obligor
and the existence of adequate financial arrangements to pay for the
improvements; and
(2) has done the following:
(A) made reasonable efforts to collect the amount
owed to the contingent payor; or
(B) made or offered to make, at a reasonable
time, an assignment by the contingent payor to the contingent payee
of a cause of action against the obligor for the amounts owed to the
contingent payee by the contingent payor and offered reasonable
cooperation to the contingent payee’s collection efforts, if the
assigned cause of action is not subject to defenses caused by the
contingent payor’s action or failure to act.
(c) A cause of action brought on an assignment made under
Subsection (b)(2)(B) is enforceable by a contingent payee against
an obligor or a primary obligor.
(d) A contingent payor is considered to have exercised
diligence for purposes of Subsection (b)(1) under a contract for a
private project governed by Chapter 53, Property Code, if the
contingent payee receives in writing from the contingent payor:
(1) the name, address, and business telephone number
of the primary obligor;
(2) a description, legally sufficient for
identification, of the property on which the improvements are being
constructed;
(3) the name and address of the surety on any payment
bond provided under Subchapter I, Chapter 53, Property Code, to
which any notice of claim should be sent;
(4) if a loan has been obtained for the construction of
improvements:
(A) a statement, furnished by the primary obligor
and supported by reasonable and credible evidence from all
applicable lenders, of the amount of the loan;
(B) a summary of the terms of the loan;
(C) a statement of whether there is foreseeable
default of the primary obligor; and
(D) the name, address, and business telephone
number of the borrowers and lenders; and
(5) a statement, furnished by the primary obligor and
supported by reasonable and credible evidence from all applicable
banks or other depository institutions, of the amount, source, and
location of funds available to pay the balance of the contract
amount if there is no loan or the loan is not sufficient to pay for
all of the construction of the improvements.
(e) A contingent payor is considered to have exercised
diligence for purposes of Subsection (b)(1) under a contract for a
public project governed by Chapter 2253, Government Code, if the
contingent payee receives in writing from the contingent payor:
(1) the name, address, and primary business telephone
number of the primary obligor;
(2) the name and address of the surety on the payment
bond provided to the primary obligor to which any notice of claim
should be sent; and
(3) a statement from the primary obligor that funds
are available and have been authorized for the full contract amount
for the construction of the improvements.
(f) A contingent payor is considered to have exercised
diligence for purposes of Subsection (b)(1) under a contract for a
public project governed by 40 U.S.C. Section 3131 if the contingent
payee receives in writing from the contingent payor:
(1) the name, address, and primary business telephone
number of the primary obligor;
(2) the name and address of the surety on the payment
bond provided to the primary obligor; and
(3) the name of the contracting officer, if known at
the time of the execution of the contract.
(g) A primary obligor shall furnish the information
described by Subsection (d) or (e), as applicable, to the
contingent payor not later than the 30th day after the date the
primary obligor receives a written request for the information. If
the primary obligor fails to provide the information under the
written request, the contingent payor, the contingent payee, and
their sureties are relieved of the obligation to initiate or
continue performance of the construction contracts of the
contingent payor and contingent payee.
Sec. 56.055. USE OF CLAUSE TO INVALIDATE ENFORCEABILITY OR
PERFECTION OF MECHANIC’S LIEN PROHIBITED. A contingent payment
clause may not be used as a basis for invalidation of the
enforceability or perfection of a mechanic’s lien under Chapter 53,
Property Code.
Sec. 56.056. ASSERTION OF CLAUSE AS AFFIRMATIVE DEFENSE.
The assertion of a contingent payment clause is an affirmative
defense to a civil action for payment under a contract.
Sec. 56.057. ALLOCATION OF RISK PERMITTED. An obligor or a
primary obligor may not prohibit a contingent payor from allocating
risk by means of a contingent payment clause.
(b) Section 35.521, Business & Commerce Code, as added by
Section 1, Chapter 498 (S.B. 324), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 4.002. (a) Sections 102.001 through 102.005,
Business & Commerce Code, are designated as Subchapter A, Chapter
102, Business & Commerce Code, and a heading for Subchapter A is
added to conform to Section 1, Chapter 1206 (H.B. 1751), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
SUBCHAPTER A. RESTRICTION ON OWNERS, OPERATORS, MANAGERS, OR
EMPLOYEES OF SEXUALLY ORIENTED BUSINESSES
(b) Section 1, Chapter 1206 (H.B. 1751), Acts of the 80th
Legislature, Regular Session, 2007, which designated former
Sections 47.001 through 47.004, Business & Commerce Code, as
Subchapter A, Chapter 47, Business & Commerce Code, and added a
heading for Subchapter A, is repealed.
SECTION 4.003. (a) Section 102.001, Business & Commerce
Code, is amended to conform to Section 2, Chapter 1206 (H.B. 1751),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 102.001. DEFINITIONS. In this subchapter [chapter]:
(1) “Sex offender” means a person who has been
convicted of or placed on deferred adjudication for an offense for
which a person is subject to registration under Chapter 62, Code of
Criminal Procedure.
(2) “Sexually oriented business” has the meaning
assigned by Section 243.002, Local Government Code.
(b) Section 2, Chapter 1206 (H.B. 1751), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Section
47.001, Business & Commerce Code, is repealed.
SECTION 4.004. Subchapter B, Chapter 47, Business &
Commerce Code, as added by Section 3, Chapter 1206 (H.B. 1751), Acts
of the 80th Legislature, Regular Session, 2007, is redesignated as
Subchapter B, Chapter 102, Business & Commerce Code, and the
sections in that redesignated subchapter, Sections 47.051, 47.052,
47.053, 47.054, 47.055, 47.0551, and 47.056, are redesignated as
Sections 102.051, 102.052, 102.053, 102.054, 102.055, 102.0551,
and 102.056, respectively.
SECTION 4.005. (a) Title 6, Business & Commerce Code, is
amended to recodify Section 35.63, Business & Commerce Code, as
added by Section 1, Chapter 307 (H.B. 1871), Acts of the 80th
Legislature, Regular Session, 2007, by adding Chapter 204 to read
as follows:
CHAPTER 204. SALE OF PLASTIC BULK MERCHANDISE CONTAINER
Sec. 204.001. DEFINITIONS. In this chapter:
(1) “Plastic bulk merchandise container” means a
plastic crate or shell used by a product producer, distributor, or
retailer for the bulk transportation or storage of retail
containers of milk, eggs, or bottled beverage products.
(2) “Proof of ownership” includes a bill of sale or
other evidence showing that an item has been sold to the person
possessing the item.
Sec. 204.002. REQUIREMENTS APPLICABLE TO SALE OF PLASTIC
BULK MERCHANDISE CONTAINER. (a) A person who is in the business of
recycling, shredding, or destroying plastic bulk merchandise
containers, before purchasing five or more plastic bulk merchandise
containers from the same person, shall:
(1) obtain from that person:
(A) proof of ownership for the containers; and
(B) a record that contains:
(i) the name, address, and telephone number
of the person or the person’s authorized representative;
(ii) the name and address of the buyer of
the containers or any consignee of the containers;
(iii) a description of the containers,
including the number of the containers to be sold; and
(iv) the date of the transaction; and
(2) verify the identity of the individual selling the
containers or representing the seller from a driver’s license or
other government-issued identification card that includes the
individual’s photograph, and record the verification.
(b) A person shall retain a record obtained or made under
this chapter until the first anniversary of the later of the date
the containers are purchased or delivered.
(c) A person who violates Subsection (a) or (b) is liable to
this state for a civil penalty of $10,000 for each violation.
Sec. 204.003. USE OF ARTIFICE TO AVOID APPLICABILITY OF
CHAPTER PROHIBITED. (a) A person who is in the business of
recycling, shredding, or destroying plastic bulk merchandise
containers may not use an artifice to avoid the application of
Section 204.002, including documenting purchases from the same
person on the same day as multiple transactions.
(b) A person who violates this section is liable to this
state for a civil penalty of $30,000 for each violation.
Sec. 204.004. ENFORCEMENT OF CIVIL PENALTY. The attorney
general or appropriate prosecuting attorney may sue to collect a
civil penalty under this chapter.
(b) Section 35.63, Business & Commerce Code, as added by
Section 1, Chapter 307 (H.B. 1871), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 4.006. (a) Section 304.002(10), Business &
Commerce Code, is amended to conform to Section 1, Chapter 206 (H.B.
143), Acts of the 80th Legislature, Regular Session, 2007, to read
as follows:
(10) “Telephone call” means a call or other
transmission made to or received at a telephone number, including:
(A) a call made by an automated telephone dialing
system;
(B) a transmission to a facsimile recording
device; and
(C) a call or other transmission, including a
transmission of a text or graphic message or of an image, to a
mobile telephone number serviced by a provider of commercial mobile
service, as defined by Section 332(d), Communications Act of 1934
(47 U.S.C. Section 151 et seq.), as amended, Federal Communications
Commission rules, or the Omnibus Budget Reconciliation Act of 1993
(Pub. L. No. 103-66), as amended, except that the term does not
include a transmission made to a mobile telephone number as part of
an ad-based telephone service, in connection with which the
telephone service customer has agreed with the service provider to
receive the transmission.
(b) Section 1, Chapter 206 (H.B. 143), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Section
44.002(9), Business & Commerce Code, is repealed.
SECTION 4.007. (a) Subchapter B, Chapter 304, Business &
Commerce Code, is amended to conform to Section 2, Chapter 206 (H.B.
143), Acts of the 80th Legislature, Regular Session, 2007, by
adding Section 304.063 to read as follows:
Sec. 304.063. ONLINE NOTICE. The commission shall include
on its Internet website a notice explaining the application of the
Texas no-call list to a call or other transmission, including a
transmission of a text or graphic message or of an image, to a
mobile telephone number.
(b) Section 2, Chapter 206 (H.B. 143), Acts of the 80th
Legislature, Regular Session, 2007, which added Subsection (c) to
former Section 44.103, Business & Commerce Code, is repealed.
SECTION 4.008. (a) Subtitle A, Title 10, Business &
Commerce Code, is amended to recodify Subchapter L, Chapter 35,
Business & Commerce Code, as added by Section 1, Chapter 822 (H.B.
73), Acts of the 80th Legislature, Regular Session, 2007, by adding
Chapter 306 to read as follows:
CHAPTER 306. PROTECTION OF CONSUMER TELEPHONE RECORDS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 306.001. DEFINITIONS. In this chapter:
(1) “Caller identification record” means a record
that:
(A) is delivered electronically to the recipient
of a telephone call simultaneously with the reception of the call;
and
(B) indicates the telephone number from which the
telephone call was made or other similar information regarding the
call.
(2) “Telephone company” means a provider of commercial
telephone services, or a provider that bills for those services,
regardless of the technology used to provide that service,
including landline, radio, wireless, microwave, satellite, Voice
over Internet Protocol (VoIP), or other cable, broadband, or
digital technology.
(3) “Telephone record” means a written, electronic, or
oral record, other than a caller identification record collected
and retained by or on behalf of a customer, created by a telephone
company about a customer, that includes:
(A) the telephone number:
(i) dialed by a customer; or
(ii) of an incoming call made to a customer;
(B) the time a call was made to or by a customer;
(C) the duration of a call made to or by a
customer; or
(D) the location from which a call was initiated
or at which a call was received by a customer.
Sec. 306.002. NONAPPLICABILITY TO LAW ENFORCEMENT
AGENCIES. This chapter does not prohibit any lawfully authorized
investigative, protective, or intelligence activity of a law
enforcement agency of the United States, a state, or a political
subdivision of a state or of an intelligence agency of the United
States.
Sec. 306.003. CONSTRUCTION OF CHAPTER. This chapter does
not apply to expand the obligations or duties of a telephone company
under federal or other state law to protect telephone records.
Sec. 306.004. CONSISTENCY WITH FEDERAL LAW. This chapter
may not be construed in a manner that is inconsistent with 18 U.S.C.
Section 1038, 47 U.S.C. Section 222, or any other applicable
federal law or rule.
[Sections 306.005-306.050 reserved for expansion]
SUBCHAPTER B. PROHIBITED CONDUCT OR ACTIVITY
Sec. 306.051. UNAUTHORIZED OR FRAUDULENT PROCUREMENT,
SALE, OR RECEIPT OF TELEPHONE RECORDS. (a) A person commits an
offense if the person:
(1) obtains, attempts to obtain, or conspires with
another to obtain a telephone record of a resident of this state
without the authorization of the resident to whom the record
pertains by:
(A) making a statement the person knows to be
false to an agent of a telephone company;
(B) making a statement the person knows to be
false to a telephone company;
(C) fraudulently accessing the record through
the telephone company’s Internet website; or
(D) providing to a telephone company a document
that the person knows:
(i) is fraudulent;
(ii) has been lost or stolen;
(iii) has been obtained by fraud; or
(iv) contains a false, fictitious, or
fraudulent statement or representation;
(2) asks another person to obtain a telephone record
of a resident of this state knowing that the record will be obtained
in a manner prohibited by this section;

(3) sells, transfers, or attempts to sell or transfer
a telephone record of a resident of this state without
authorization of the resident to whom the record pertains; or
(4) offers to obtain or offers to sell a telephone
record that has been or will be obtained without authorization from
the resident to whom the record pertains.
(b) An offense under this section is a Class A misdemeanor,
except that a fine shall not exceed $20,000.
(c) In addition to the penalties provided by Subsection (b),
a person convicted of an offense under this section may be required
to forfeit personal property used or intended to be used in
violation of this section.
(d) In addition to the penalties provided by Subsections (b)
and (c), a person convicted of an offense under this section shall
be ordered to pay to a resident whose telephone record was obtained
in a manner prohibited by this section an amount equal to the sum
of:
(1) the greater of the resident’s financial loss, if
proof of the loss is submitted to the satisfaction of the court, or
$1,000; and
(2) the amount of any financial gain received by the
person as the direct result of the offense.
(e) An offense under this section may be prosecuted in:
(1) the county in which the customer whose telephone
record is the subject of the prosecution resided at the time of the
offense; or
(2) any county in which any part of the offense took
place regardless of whether the defendant was ever present in the
county.
(f) If venue lies in more than one county under Subsection
(e), a defendant may be prosecuted in only one county for the same
conduct.
(g) If conduct constituting an offense under this section
also constitutes an offense under another section of this code or of
any other law, including the Penal Code, the actor may be prosecuted
under either section or under both sections.
(h) This section does not create a private right of action.
Sec. 306.052. EXCEPTIONS. Section 306.051 does not apply
to:
(1) a person who acted pursuant to a valid court order,
warrant, subpoena, or civil investigative demand;
(2) a telephone company that disclosed a telephone
record:
(A) the disclosure of which is otherwise
authorized by law;
(B) reasonably believing the disclosure was
necessary to:
(i) provide service to a customer;
(ii) protect an individual from fraudulent,
abusive, or unlawful use of a telephone record or telephone
service; or
(iii) protect the rights or property of the
company;
(C) to the National Center for Missing and
Exploited Children in connection with a report submitted under 42
U.S.C. Section 13032;
(D) for purposes of testing the company’s
security procedures or systems for maintaining the confidentiality
of customer information;
(E) to a governmental entity, if the company
reasonably believed that an emergency involving danger of death or
serious physical injury to a person justified disclosure of the
information;
(F) in connection with the sale or transfer of
all or part of the company’s business, the purchase or acquisition
of all or part of another company’s business, or the migration of a
customer from one telephone company to another telephone company;
(G) necessarily incident to the rendition of the
service, to initiate, render, bill, and collect the customer’s
charges, or to protect the customer of those services and other
carriers from fraudulent, abusive, or unlawful use of, or
subscription to, such services; or
(H) while acting reasonably and in good faith,
notwithstanding a later determination that the action was not
authorized; or
(3) a person or a telephone company that acted in
connection with the official duties of a 9-1-1 governmental entity
or a public agency solely for purposes of delivering or assisting in
the delivery of 9-1-1 emergency services and other emergency
services.
Sec. 306.053. DECEPTIVE TRADE PRACTICE; ENFORCEMENT. A
violation of this chapter is a false, misleading, or deceptive act
or practice under Section 17.46 and is subject to action only by the
consumer protection division of the attorney general’s office as
provided by Section 17.46(a).
(b) Subchapter L, Chapter 35, Business & Commerce Code, as
added by Section 1, Chapter 822 (H.B. 73), Acts of the 80th
Legislature, Regular Session, 2007, is repealed.
SECTION 4.009. (a) Section 501.051, Business & Commerce
Code, is amended to conform to Section 1, Chapter 93 (H.B. 863),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 501.051. INAPPLICABILITY OF SUBCHAPTER. This
subchapter does not apply to:
(1) a person who is required to maintain and
disseminate a privacy policy under:
(A) the Gramm-Leach-Bliley Act (15 U.S.C.
Sections 6801 to 6809);
(B) the Family Educational Rights and Privacy Act
of 1974 (20 U.S.C. Section 1232g); or
(C) the Health Insurance Portability and
Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.);
(2) a covered entity under rules adopted by the
commissioner of insurance relating to insurance consumer health
information privacy or insurance consumer financial information
privacy;
(3) a governmental body, as defined by Section
552.003, Government Code, other than a municipally owned utility;
[or]
(4) a person with respect to a loan transaction, if the
person is not engaged in the business of making loans; or
(5) a person subject to Section 901.457, Occupations
Code.
(b) Section 1, Chapter 93, Acts of the 80th Legislature,
Regular Session, 2007, which amended former Section 35.581(c),
Business & Commerce Code, as added by Chapter 198 (H.B. 1130), Acts
of the 79th Legislature, Regular Session, 2005, is repealed.
SECTION 4.010. (a) Subtitle A, Title 11, Business &
Commerce Code, is amended to recodify Section 35.64, Business &
Commerce Code, as added by Section 1, Chapter 916 (H.B. 3093), Acts
of the 80th Legislature, Regular Session, 2007, by adding Chapter
505 to read as follows:
CHAPTER 505. USE OF ZIP CODE TO VERIFY CUSTOMER’S IDENTITY
Sec. 505.001. DEFINITIONS. In this chapter:
(1) “Credit card” means a card or device issued under
an agreement by which the issuer gives to a cardholder the right to
obtain credit from the issuer or another person.
(2) “Credit card issuer” means a lender, including a
financial institution, or a merchant that receives applications and
issues credit cards to individuals.
Sec. 505.002. USE OF ZIP CODE TO VERIFY IDENTITY IN CREDIT
CARD TRANSACTION. (a) A business may require a customer who
purchases a good or service from the business using a credit card to
provide the customer’s zip code to verify the customer’s identity as
provided by Subsection (b).
(b) A business that obtains a customer’s zip code under
Subsection (a) may electronically verify with the credit card
issuer that the zip code matches any zip code that the credit card
issuer has on file for the credit card.
Sec. 505.003. RETENTION OF ZIP CODE PROHIBITED. A business
that obtains a customer’s zip code under Section 505.002 may not
retain the zip code in any form after the purchase of the good or
service has been completed.

(b) Section 35.64, Business & Commerce Code, as added by
Section 1, Chapter 916 (H.B. 3093), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 4.011. (a) Sections 523.001 and 523.002, Business &
Commerce Code, are designated as Subchapter A, Chapter 523,
Business & Commerce Code, to conform to Section 1, Chapter 1044
(H.B. 2002), Acts of the 80th Legislature, Regular Session, 2007,
and a heading for Subchapter A is added to read as follows:
SUBCHAPTER A. EXTENSIONS OF CREDIT AND VERIFICATION
OF IDENTITY
(b) Section 523.003, Business & Commerce Code, is
designated as Subchapter B, Chapter 523, Business & Commerce Code,
and renumbered as Section 523.051, Business & Commerce Code, and a
heading for Subchapter B is added to read as follows:
SUBCHAPTER B. DUTIES OF FINANCIAL INSTITUTIONS AND
OF VERIFICATION ENTITIES
(c) Section 35.595, Business & Commerce Code, as added by
Section 1, Chapter 1044 (H.B. 2002), Acts of the 80th Legislature,
Regular Session, 2007, is transferred to Subchapter B, Chapter 523,
Business & Commerce Code, as designated by Subsection (b) of this
section, and is renumbered as Section 523.052, Business & Commerce
Code.
SECTION 4.012. (a) Title 12, Business & Commerce Code, is
amended to recodify Section 35.43, Business & Commerce Code, as
added by Section 1, Chapter 123 (S.B. 1389), Acts of the 80th
Legislature, Regular Session, 2007, by adding Chapter 605 to read
as follows:
CHAPTER 605. CONSUMER REBATE RESPONSE AND GRACE PERIOD FOR
CORRECTIONS
Sec. 605.001. DEFINITIONS. In this chapter:
(1) “Consumer” means a person who obtains a product or
service that is to be used primarily for personal, business,
family, or household purposes.
(2) “Consumer rebate” means an offer to a consumer of
cash, credit, or credit toward future purchases that is made in
connection with a sale of a good or service to the consumer, is in an
amount of $10 or more, and requires the consumer to mail or
electronically submit a rebate request after the sale is completed.
The term does not include:
(A) any promotion or incentive that is offered by
a manufacturer to another company or organization that is not the
consumer to help promote or place the product or service;
(B) a rebate that is redeemed at the time of
purchase;
(C) any discount, cash, credit, or credit toward
a future purchase that is automatically provided to a consumer
without the need to submit a request for redemption;
(D) a rebate that is applied to a bill that the
consumer becomes obligated to pay after the date the purchase is
made;
(E) any refund that may be given to a consumer in
accordance with a manufacturer or retailer’s return, guarantee,
adjustment, or warranty policies; or
(F) any manufacturer or retailer’s frequent
shopper customer reward program.
(3) “Properly completed” means that the consumer
submitted the required information and documentation in the manner
and by the deadline specified in the rebate offer and otherwise
satisfied the terms and conditions of the rebate offer.
Sec. 605.002. REBATE RESPONSE PERIOD; GRACE PERIOD FOR
CORRECTIONS. (a) Except as provided by Subsection (b), a person,
including a manufacturer or retailer, who offers a rebate shall
mail the amount of the rebate to the consumer or electronically pay
the consumer the amount of the rebate within the time period
promised in the rebate information provided to the consumer or, if
silent, not later than the 30th day after the date the person
receives a properly completed rebate request.
(b) If a consumer rebate offer is contingent on the consumer
continuing to purchase a service for a minimum length of time, the
time period in Subsection (a) begins on the later of:
(1) the date the consumer submits the rebate request;
or
(2) the expiration date of the service period.
(c) If the person offering the rebate receives a rebate
request that is timely submitted but not properly completed, the
person shall:
(1) process the rebate in the manner provided by
Subsection (a) as if the rebate request were properly completed; or
(2) notify the consumer, not later than the date
specified by Subsection (a), of the reasons that the rebate request
is not properly completed and the consumer’s right to correct the
deficiency within 30 days after the date of the notification.
(d) The notification under Subsection (c)(2) must be by
mail, except that notification may be by e-mail if the consumer has
agreed to be notified by e-mail.
(e) If the consumer corrects the deficiency stated in the
notification under Subsection (c)(2) before the 31st day after the
postmark date of the person’s mailed notification to the consumer
or the date the e-mail is received, if applicable, the person shall
process the rebate in the manner provided by Subsection (a) for a
properly completed request.
(f) This section does not impose any obligation on a person
to pay a rebate to any consumer who is not eligible under the terms
and conditions of the rebate offer or has not satisfied all of the
terms and conditions of the rebate offer, if the person offering the
rebate has complied with Subsections (c) and (d).
(g) A person offering a rebate has the right to reject a
rebate request from a consumer who the person determines:
(1) is attempting to commit fraud;
(2) has already received the offered rebate; or
(3) is submitting proof of purchase that is not
legitimate.
(h) A person making a determination under Subsection (g)
shall notify the consumer within the time period provided by
Subsection (c) that the person is considering rejecting, or has
rejected, the rebate request and shall instruct the consumer of any
actions that the consumer may take to cure the deficiency.
(i) If the person offering a rebate erroneously rejects a
properly completed rebate request, the person shall pay the
consumer as soon as practicable, but not later than 30 days, after
the date the person learns of the error.
Sec. 605.003. USE OF INDEPENDENT ENTITY TO PROCESS REBATE.
For the purposes of this chapter, if a person who offers a rebate
uses an independent entity to process the rebate, an act of the
entity is considered to be an act of the person and receipt of a
rebate request by the entity is considered receipt of the request by
the person.
Sec. 605.004. DECEPTIVE TRADE PRACTICE. (a) A violation
of this chapter is a deceptive trade practice in addition to the
practices described by Subchapter E, Chapter 17, and is actionable
by a consumer under that subchapter. Claims related to more than
one consumer may not be joined in a single action brought for an
alleged violation of this chapter, unless all parties agree.
(b) A violation of this chapter is subject to an action by
the office of the attorney general as provided by Section 17.46(a).
Sec. 605.005. CERTIFICATION AS CLASS ACTION PROHIBITED. A
court may not certify an action brought under this chapter as a
class action.
(b) Section 35.43, Business & Commerce Code, as added by
Section 1, Chapter 123 (S.B. 1389), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 4.013. Section 681.154, Business & Commerce Code,
is amended to conform to the addition of Section 4e, Chapter 55
(S.B. 110), Acts of the 40th Legislature, 1st Called Session, 1927,
by Chapter 2 (H.B. 542), Acts of the 80th Legislature, Regular
Session, 2007, to read as follows:
Sec. 681.154. PORT FREEPORT [BRAZOS RIVER HARBOR NAVIGATION
DISTRICT] OR DESIGNEE. Port Freeport [The Brazos River Harbor
Navigation District of Brazoria County], or a corporation organized
under the laws of this state and designated by Port Freeport [the
Brazos River Harbor Navigation District of Brazoria County], may
apply for and accept a grant of authority to establish, operate, and
maintain:
(1) a foreign trade zone adjacent to a port of entry in
Port Freeport [the Brazos River Harbor Navigation District of
Brazoria County]; and
(2) other subzones.
SECTION 4.014. (a) The Business & Commerce Code is amended
to recodify Section 35.64, Business & Commerce Code, as added by
Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
Regular Session, 2007, and Subchapter L, Chapter 35, Business &
Commerce Code, as added by Section 1, Chapter 130 (H.B. 85), Acts of
the 80th Legislature, Regular Session, 2007, by adding Title 16 to
read as follows:
TITLE 16. ADVERTISING AND MARKETING
SUBTITLE A. ADVERTISEMENTS
CHAPTER 721. USE OF NAMES OR PICTURES IN ADVERTISEMENTS
Sec. 721.001. DEFINITIONS. In this chapter:
(1) “Heir” means a surviving grandparent, parent,
sibling, child, or grandchild of a deceased individual.
(2) “Personal representative” means an executor,
independent executor, administrator, independent administrator, or
temporary administrator, together with their successors.
Sec. 721.002. CERTAIN USES OF NAME OR PICTURE OF MEMBER OF
ARMED FORCES PROHIBITED. (a) A person commits an offense if the
person uses, in an advertisement for a commercial purpose, the name
of an individual who is an active duty or former member of the
United States armed forces, who is a member or former member of a
reserve component of the United States armed forces, or who is a
member or former member of the state military forces, as defined by
Section 431.001, Government Code, or a picture of the individual in
uniform in which the individual is clearly identifiable, without
obtaining the consent of:
(1) the individual, if the individual is living; or
(2) the individual’s surviving spouse or personal
representative or a majority of the individual’s adult heirs, if
the individual is deceased.
(b) An offense under this section is a Class A misdemeanor.
Sec. 721.003. INAPPLICABILITY OF CHAPTER TO MEDIA REPORT.
This chapter does not apply to a member of the print or broadcast
media who uses a name or picture of an individual in a report of news
to the public or an advertisement for that report.
[Chapters 722-760 reserved for expansion]
SUBTITLE B. MARKETING PRACTICES
CHAPTER 761. CREDIT CARD MARKETING AT POSTSECONDARY EDUCATIONAL
INSTITUTIONS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 761.001. DEFINITIONS. In this chapter:
(1) “Campus credit card marketing activity”:
(A) means any activity:
(i) conducted by an agent or employee of a
credit card issuer on the campus of a postsecondary educational
institution; and

(ii) designed to encourage and enable
students to apply for a credit card; and
(B) includes the act of placing on the campus a
display or poster together with a form that can be returned to the
credit card issuer as a credit card application, even if an employee
or agent of the credit card issuer is not present at the display.
(2) “Credit card” means a card or device issued under
an agreement by which the issuer gives to a cardholder the right to
obtain credit from the issuer or another person.
(3) “Credit card issuer” means a lender, including a
financial institution, or a merchant that receives applications and
issues credit cards to individuals.
(4) “Governing board” means the body charged with
policy direction of any postsecondary educational institution,
including a board of directors, a board of regents, a board of
trustees, and an independent school district board that is charged
with policy direction of a public junior college.
(5) “Postsecondary educational institution” means:
(A) an institution of higher education as defined
by Section 61.003, Education Code;
(B) a private or independent institution of
higher education as defined by Section 61.003, Education Code; or
(C) a private postsecondary educational
institution as defined by Section 61.302, Education Code.
[Sections 761.002-761.050 reserved for expansion]
SUBCHAPTER B. PROHIBITED CONDUCT
Sec. 761.051. CAMPUS CREDIT CARD MARKETING ACTIVITY OUTSIDE
DESIGNATED LOCATION OR TIME PROHIBITED. (a) A credit card issuer
may not engage in campus credit card marketing activities:
(1) outside of a campus location designated by the
governing board of the postsecondary educational institution for
that purpose in accordance with Subsection (b); or
(2) at a time other than a time designated by the
governing board in accordance with Subsection (b).
(b) The governing board of a postsecondary educational
institution may designate:
(1) one or more locations on campus where a credit card
issuer may engage in campus credit card marketing activities; and
(2) one or more times during which a credit card issuer
may engage in campus credit card marketing activities.
Sec. 761.052. RESTRICTION ON GIFTS OR INCENTIVES FOR
COMPLETING CREDIT CARD APPLICATION. A credit card issuer may not
offer a gift or other incentive in exchange for the completion of a
credit card application as part of a campus credit card marketing
activity unless the credit card issuer, at the time the credit card
issuer provides a credit card application to an individual,
provides financial educational material developed under Section
761.101 to the individual.
[Sections 761.053-761.100 reserved for expansion]
SUBCHAPTER C. EDUCATIONAL MATERIAL AND SESSIONS
Sec. 761.101. CREDIT CARD ISSUER TO DEVELOP FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer who conducts campus
credit card marketing activities shall develop financial
educational material in consultation with or subject to approval by
the postsecondary educational institution. The financial
educational material must include a clear and practical explanation
of:
(1) effective money management skills, including how
to develop and maintain a budget;
(2) key financial terms and phrases related to credit
cards and personal debt management;
(3) credit educational materials and programs offered
by the credit card issuer that are available to student cardholders
after they have opened an account;
(4) resources to assist students in understanding
credit reports and credit scores and the consequences of
irresponsible credit card use; and
(5) the importance of responsible credit practices,
including timely paying the minimum amount due each month and
reducing costs by paying as much of the balance as possible.
Sec. 761.102. CREDIT CARD ISSUER TO PROVIDE FINANCIAL
EDUCATIONAL MATERIAL. A credit card issuer that conducts campus
credit card marketing activities shall:
(1) during the time that the credit card issuer
conducts the credit card marketing activity on the campus, make
available to students, on the campus, financial educational
material developed under Section 761.101;
(2) make financial educational material similar to
material developed under Section 761.101 available on the Internet;
and
(3) provide to a student to whom a credit card is
issued, at the time the credit card is provided to the student,
financial educational material developed under Section 761.101.
Sec. 761.103. CREDIT CARD AND DEBT EDUCATION AT NEW STUDENT
ORIENTATION. The governing board of a postsecondary educational
institution that has designated a location for campus credit card
marketing activities under Section 761.051(b) shall also adopt a
policy requiring a credit card and debt education and counseling
session to be included in any orientation program for new students.
The postsecondary educational institution may use existing
educational materials prepared by nonprofit entities for purposes
of the credit card and debt education and counseling session.
[Sections 761.104-761.150 reserved for expansion]
SUBCHAPTER D. ENFORCEMENT PROVISIONS
Sec. 761.151. CIVIL PENALTY. A person who intentionally
violates this chapter is liable to the state for a civil penalty in
an amount not to exceed $2,500 for each violation. The attorney
general or the prosecuting attorney in the county in which the
violation occurs may bring suit to recover the civil penalty
imposed under this section.
(b) Section 35.64, Business & Commerce Code, as added by
Section 1, Chapter 182 (S.B. 277), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
(c) Subchapter L, Chapter 35, Business & Commerce Code, as
added by Section 1, Chapter 130 (H.B. 85), Acts of the 80th
Legislature, Regular Session, 2007, is repealed.
ARTICLE 5. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE
SECTION 5.001. Section 15.0181(b), Civil Practice and
Remedies Code, is amended to correct a cross-reference to read as
follows:
(b) This section applies only to suits brought under the
Jones Act (46 U.S.C. Section 30104 [688]).
SECTION 5.002. Section 64.091, Civil Practice and Remedies
Code, is reenacted and amended to read as follows:
Sec. 64.091. RECEIVER FOR MINERAL INTERESTS OWNED BY
NONRESIDENT OR ABSENTEE. (a) The purpose of this section is to
encourage the exploration and development of mineral resources.
(b) In the following actions, a district court may appoint a
receiver for the mineral interest or leasehold interest under a
mineral lease owned by a nonresident or absent defendant:
(1) an action that is brought by a person claiming or
owning an undivided mineral interest in land in this state or an
undivided leasehold interest under a mineral lease of land in this
state and that has one or more defendants who have, claim, or own an
undivided mineral interest in the same property; or
(2) an action that is brought by a person claiming or
owning an undivided leasehold interest under a mineral lease of
land in this state and that has one or more defendants who have,
claim, or own an undivided leasehold interest under a mineral lease
of the same property.
(b-1) [(b)] The defendant for whom the receiver is sought
must:
(1) be a person whose residence or identity is unknown
or a nonresident; and
(2) have not paid taxes on the interest or rendered it
for taxes during the five-year period immediately preceding the
filing of the action.
(c) The plaintiff in the action must allege by verified
petition and prove that he:
(1) has made a diligent but unsuccessful effort to
locate the defendant; and
(2) will suffer substantial damage or injury unless
the receiver is appointed.
(d) In an action under Subsection (b)(1):
(1) the plaintiff, in the verified petition, must name
the last known owner or the last record owner of the interest as
defendant;
(2) the plaintiff must serve notice on the defendant
by publication as provided by the Texas Rules of Civil Procedure;
(3) the court may appoint as receiver the county judge
and his successors, the county clerk and his successors, or any
other resident of the county in which the land is located;
(4) notwithstanding the Texas Rules of Civil
Procedure, the applicant is not required to post bond; and
(5) the receiver is not required to post bond.
(e) A receivership created under this subchapter continues
as long as the defendant or his heirs, assigns, or personal
representatives fail to appear in court in person or by agent or
attorney to claim the defendant’s interest.
(f) As ordered by the court, the receiver shall immediately:
(1) execute and deliver to a lessee or successive
lessees mineral leases on the outstanding undivided mineral
interests;
(2) execute and deliver to a lessee or successive
lessees an assignment of the outstanding undivided leasehold
interest; and
(3) enter into a unitization agreement authorized by
the Railroad Commission of Texas.
(g) A lease executed by a receiver under this section may
authorize the lessee to pool and unitize land subject to the lease
with adjacent land into a unit not to exceed 160 acres for an oil
well or 640 acres for a gas well plus 10 percent tolerance or into a
unit that substantially conforms to a larger unit prescribed or
permitted by governmental rule.
(h) Money consideration paid for the execution of a lease,
assignment, or unitization agreement by the receiver must be paid
to the clerk of the court in which the case is pending before the
receiver executes the instrument. The court shall apply the money
to the costs accruing in the case and retain any balance for the use
and benefit of the nonresident or person of unknown residence who
owns the mineral or leasehold interest. Payments made at a later
time under the lease, assignment, or unitization agreement shall be
paid into the registry of the court and impounded for the use and
benefit of the owner of the mineral or leasehold interest.
(i) This section is cumulative of other laws relating to
removal of a cloud from title or appointment of a receiver.
(j) In this section:
(1) “Mineral lease” includes any lease of oil, gas, or
other minerals that contains provisions necessary or incident to
the orderly exploration, development, and recovery of oil, gas, or
other minerals.
(2) “Leasehold interest” includes ownership created
under a mineral lease or carved out of a leasehold estate granted
under a mineral lease, including production payments, overriding
royalty interests, and working interests.
(3) “Lessee” includes an assignee under an assignment
of a mineral lease.
(k) To the extent that Subsection (d)(2) conflicts with the
Texas Rules of Civil Procedure, Subsection (d)(2) controls.
Notwithstanding Section 22.004, Government Code, the supreme court
may not amend or adopt rules in conflict with Subsection (d)(2).
SECTION 5.003. Section 103.051(a), Civil Practice and
Remedies Code, as amended by Chapters 1190 (H.B. 814) and 1388 (S.B.
1719), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(a) To apply for compensation under this subchapter, the
claimant must file with the comptroller’s judiciary section:
(1) an application for compensation provided for that
purpose by the comptroller;
(2) a verified copy of the pardon or court order
justifying the application for compensation; [and]
(3) a statement provided by the Texas Department of
Criminal Justice verifying the length of incarceration; and
(4) [(5)] if the claimant is applying for compensation
under Section 103.052(a)(2), a certified copy of each child support
order under which child support payments became due during the time
the claimant served in prison and copies of the official child
support payment records described by Section 234.009, Family Code,
for that period.

SECTION 5.004. Section 125.0015(a), Civil Practice and
Remedies Code, as amended by Chapters 593 (H.B. 8) and 1399 (H.B.
2644), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(a) A person who maintains a place to which persons
habitually go for the following purposes and who knowingly
tolerates the activity and furthermore fails to make reasonable
attempts to abate the activity maintains a common nuisance:
(1) discharge of a firearm in a public place as
prohibited by the Penal Code;
(2) reckless discharge of a firearm as prohibited by
the Penal Code;
(3) engaging in organized criminal activity as a
member of a combination as prohibited by the Penal Code;
(4) delivery, possession, manufacture, or use of a
controlled substance in violation of Chapter 481, Health and Safety
Code;
(5) gambling, gambling promotion, or communicating
gambling information as prohibited by the Penal Code;
(6) prostitution, promotion of prostitution, or
aggravated promotion of prostitution as prohibited by the Penal
Code;
(7) compelling prostitution as prohibited by the Penal
Code;
(8) commercial manufacture, commercial distribution,
or commercial exhibition of obscene material as prohibited by the
Penal Code;
(9) aggravated assault as described by Section 22.02,
Penal Code;
(10) sexual assault as described by Section 22.011,
Penal Code;
(11) aggravated sexual assault as described by Section
22.021, Penal Code;
(12) robbery as described by Section 29.02, Penal
Code;
(13) aggravated robbery as described by Section 29.03,
Penal Code;
(14) unlawfully carrying a weapon as described by
Section 46.02, Penal Code;
(15) murder as described by Section 19.02, Penal Code;
(16) capital murder as described by Section 19.03,
Penal Code; [or]
(17) continuous sexual abuse of young child or
children as described by Section 21.02, Penal Code; or
(18) [(17)] massage therapy or other massage services
in violation of Chapter 455, Occupations Code.
SECTION 5.005. Section 155.001, Civil Practice and Remedies
Code, is amended to add a heading to read as follows:
Sec. 155.001. SETTLEMENT WEEKS REQUIRED. In every county
with a population of 150,000 or greater there shall be a settlement
week during law week and judicial conference week each year or
during any other two weeks as the administrative judge of each
judicial district may designate. During these weeks the district
courts, constitutional and statutory county courts, and the family
law courts will facilitate the voluntary settlement of civil and
family law cases.
SECTION 5.006. Section 155.002, Civil Practice and Remedies
Code, is amended to add a heading to read as follows:
Sec. 155.002. SETTLEMENT WEEK COMMITTEE. The
administrative judge of each judicial district shall appoint a
committee of attorneys and lay persons to effectuate each
settlement week. The committee may include the director of any
established mediation or alternative dispute resolution center in
the county and the chairperson of the local bar association’s
committee on alternative dispute resolution.
SECTION 5.007. Section 155.003, Civil Practice and Remedies
Code, is amended to add a heading and correct a reference to read as
follows:
Sec. 155.003. ATTORNEY TO SERVE AS MEDIATOR. Any attorney
currently licensed in the state may serve as mediator during the
settlement weeks under such terms and conditions and with such
training as may be determined by the administrative judge of the
judicial district. Any such attorney so appointed by the court must
meet the qualifications and will be governed by the rules of conduct
set forth in Sections 154.052 and 154.053 [of this code]. Any
attorney so requested by the administrative judge of the judicial
district shall serve as a mediator during the settlement weeks.
SECTION 5.008. Section 155.004, Civil Practice and Remedies
Code, is amended to add a heading and correct a reference to read as
follows:
Sec. 155.004. APPLICATION OF CERTAIN ALTERNATE DISPUTE
RESOLUTION PROCEDURES. The provisions of Sections 154.021 through
154.023, 154.053, 154.054, and 154.071 through 154.073 [of this
code] shall apply to parties and mediators participating in
settlement weeks held under this chapter.
SECTION 5.009. Section 155.005, Civil Practice and Remedies
Code, is amended to add a heading to read as follows:
Sec. 155.005. AUTHORITY OF COURT. Each court participating
in settlement weeks under this chapter shall have the authority to
make orders needed, consistent with existing law, to implement
settlement weeks and ensure any party’s good faith participation.
SECTION 5.010. Section 155.006, Civil Practice and Remedies
Code, is amended to add a heading to read as follows:
Sec. 155.006. FUNDING; COOPERATION WITH OTHER
ORGANIZATIONS. The administrative judge may use any available
funding from funds regularly used for court administration to carry
out the purpose and intent of this chapter. The administrative
judge shall cooperate with the director of any established
mediation or alternative dispute resolution center, the local bar,
and other organizations to encourage participation and to develop
public awareness of settlement weeks.
ARTICLE 6. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE
SECTION 6.001. Article 12.01, Code of Criminal Procedure,
as amended by Chapters 285 (H.B. 716), 593 (H.B. 8), 640 (H.B. 887),
and 841 (H.B. 959), Acts of the 80th Legislature, Regular Session,
2007, is reenacted and amended to read as follows:
Art. 12.01. FELONIES. Except as provided in Article 12.03,
felony indictments may be presented within these limits, and not
afterward:
(1) no limitation:
(A) murder and manslaughter;
(B) sexual assault under Section 22.011(a)(2),
Penal Code, or aggravated sexual assault under Section
22.021(a)(1)(B), Penal Code;
(C) sexual assault, if during the investigation
of the offense biological matter is collected and subjected to
forensic DNA testing and the testing results show that the matter
does not match the victim or any other person whose identity is
readily ascertained;
(D) continuous sexual abuse of young child or
children under Section 21.02, Penal Code;
(E) indecency with a child under Section 21.11,
Penal Code; or
(F) an offense involving leaving the scene of an
accident under Section 550.021, Transportation Code, if the
accident resulted in the death of a person;
(2) ten years from the date of the commission of the
offense:
(A) theft of any estate, real, personal or mixed,
by an executor, administrator, guardian or trustee, with intent to
defraud any creditor, heir, legatee, ward, distributee,
beneficiary or settlor of a trust interested in such estate;
(B) theft by a public servant of government
property over which he exercises control in his official capacity;
(C) forgery or the uttering, using or passing of
forged instruments;
(D) injury to an elderly or disabled individual
punishable as a felony of the first degree under Section 22.04,
Penal Code;
(E) sexual assault, except as provided by
Subdivision (1) [or (5)]; or
(F) arson;
(3) seven years from the date of the commission of the
offense:
(A) misapplication of fiduciary property or
property of a financial institution;
(B) securing execution of document by deception;
(C) a violation under Sections 162.403(22)-(39),
Tax Code;
(D) false statement to obtain property or credit
under Section 32.32, Penal Code;
(E) money laundering;
(F) [(D)] credit card or debit card abuse under
Section 32.31, Penal Code; or
(G) [(F)] fraudulent use or possession of
identifying information under Section 32.51, Penal Code;
(4) five years from the date of the commission of the
offense:
(A) theft or robbery;
(B) except as provided by Subdivision (5),
kidnapping or burglary;
(C) injury to an elderly or disabled individual
that is not punishable as a felony of the first degree under Section
22.04, Penal Code;
(D) abandoning or endangering a child; or
(E) insurance fraud;
(5) if the investigation of the offense shows that the
victim is younger than 17 years of age at the time the offense is
committed, 20 years from the 18th birthday of the victim of one of
the following offenses:
(A) sexual performance by a child under Section
43.25, Penal Code;
(B) aggravated kidnapping under Section
20.04(a)(4), Penal Code, if the defendant committed the offense
with the intent to violate or abuse the victim sexually; or
(C) burglary under Section 30.02, Penal Code, if
the offense is punishable under Subsection (d) of that section and
the defendant committed the offense with the intent to commit an
offense described by Subdivision (1)(B) or (D) of this article or
Paragraph (B) of this subdivision; [or]
(6) [(5)] ten years from the 18th birthday of the
victim of the offense:
[(A) indecency with a child under Section
21.11(a)(1) or (2), Penal Code;
[(B) except as provided by Subdivision (1),
sexual assault under Section 22.011(a)(2), Penal Code, or
aggravated sexual assault under Section 22.021(a)(1)(B), Penal
Code; or
[(C)] injury to a child under Section 22.04,
Penal Code; or
(7) [(6)] three years from the date of the commission
of the offense: all other felonies.
SECTION 6.002. Article 15.27(c), Code of Criminal
Procedure, as amended by Chapters 492 (S.B. 230) and 1240 (H.B.
2427), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
(c) A parole, probation, or community supervision office,
including a community supervision and corrections department, a
juvenile probation department, the paroles division of the Texas
Department of Criminal Justice, and the Texas Youth Commission,
having jurisdiction over a student described by Subsection (a),
(b), or (e) who transfers from a school or is subsequently removed
from a school and later returned to a school or school district
other than the one the student was enrolled in when the arrest,
referral to a juvenile court, conviction, or adjudication occurred
shall within 24 hours of learning of the student’s transfer or
reenrollment notify the superintendent or a person designated by
the superintendent of the school district to which the student
transfers or is returned or, in the case of a private school, the
principal or a school employee designated by the principal of the
school to which the student transfers or is returned of the arrest
or referral in a manner similar to that provided for by Subsection
(a) or (e)(1), or of the conviction or delinquent adjudication in a
manner similar to that provided for by Subsection (b) or (e)(2).
The superintendent of the school district to which the student
transfers or is returned or, in the case of a private school, the
principal of the school to which the student transfers or is
returned shall, within 24 hours of receiving notification under
this subsection, notify all instructional and support personnel who
have regular contact with the student.
SECTION 6.003. Section 3g(a), Article 42.12, Code of
Criminal Procedure, as amended by Chapters 405 (S.B. 877) and 593
(H.B. 8), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(a) The provisions of Section 3 of this article do not
apply:
(1) to a defendant adjudged guilty of an offense
under:
(A) Section 19.02, Penal Code (Murder);
(B) Section 19.03, Penal Code (Capital murder);
(C) Section 21.11(a)(1), Penal Code (Indecency
with a child);
(D) Section 20.04, Penal Code (Aggravated
kidnapping);
(E) Section 22.021, Penal Code (Aggravated
sexual assault);
(F) Section 29.03, Penal Code (Aggravated
robbery);
(G) Chapter 481, Health and Safety Code, for
which punishment is increased under:
(i) Section 481.140, Health and Safety
Code; or
(ii) Section 481.134(c), (d), (e), or (f),
Health and Safety Code, if it is shown that the defendant has been
previously convicted of an offense for which punishment was
increased under any of those subsections;
(H) Section 22.011, Penal Code (Sexual assault);
[or]
(I) Section 22.04(a)(1), Penal Code (Injury to a
child, elderly individual, or disabled individual), if the offense
is punishable as a felony of the first degree and the victim of the
offense is a child; or
(J) [(I)] Section 43.25, Penal Code (Sexual
performance by a child); or
(2) to a defendant when it is shown that a deadly
weapon as defined in Section 1.07, Penal Code, was used or exhibited
during the commission of a felony offense or during immediate
flight therefrom, and that the defendant used or exhibited the
deadly weapon or was a party to the offense and knew that a deadly
weapon would be used or exhibited. On an affirmative finding under
this subdivision, the trial court shall enter the finding in the
judgment of the court. On an affirmative finding that the deadly
weapon was a firearm, the court shall enter that finding in its
judgment.
SECTION 6.004. Section 4(d), Article 42.12, Code of
Criminal Procedure, as amended by Chapters 593 (H.B. 8) and 1205
(H.B. 1678), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
(d) A defendant is not eligible for community supervision
under this section if the defendant:
(1) is sentenced to a term of imprisonment that
exceeds 10 years;
(2) is convicted of a state jail felony for which
suspension of the imposition of the sentence occurs automatically
under Section 15(a);
(3) does not file a sworn motion under Subsection (e)
of this section or for whom the jury does not enter in the verdict a
finding that the information contained in the motion is true;
(4) is convicted of an offense for which punishment is
increased under Section 481.134(c), (d), (e), or (f), Health and
Safety Code, if it is shown that the defendant has been previously
convicted of an offense for which punishment was increased under
any one of those subsections;
(5) is convicted of an offense listed in Section
3g(a)(1)(C), (E), or (H), if the victim of the offense was younger
than 14 years of age at the time the offense was committed;
(6) is convicted of an offense listed in Section
3g(a)(1)(D), if the victim of the offense was younger than 14 years
of age at the time the offense was committed and the actor committed
the offense with the intent to violate or abuse the victim sexually;
[or]
(7) is convicted of an offense listed in Section
3g(a)(1)(J); or
(8) [3g(a)(1)(I)] is adjudged guilty of an offense
under Section 19.02, Penal Code.
SECTION 6.005. Section 22(a), Article 42.12, Code of
Criminal Procedure, is amended to correct a reference to read as
follows:
(a) If after a hearing under Section 21 of this article a
judge continues or modifies community supervision after
determining that the defendant violated a condition of community
supervision, the judge may impose any other conditions the judge
determines are appropriate, including:
(1) a requirement that the defendant perform community
service for a number of hours specified by the court under Section
16 of this article, or an increase in the number of hours that the
defendant has previously been required to perform under those
sections in an amount not to exceed double the number of hours
permitted by Section 16;

(2) an increase in the period of community
supervision, in the manner described by Subsection (c) [(b)] of
this section;
(3) an increase in the defendant’s fine, in the manner
described by Subsection (d) of this section; or
(4) the placement of the defendant in a substance
abuse felony punishment program operated under Section 493.009,
Government Code, if:
(A) the defendant is convicted of a felony other
than:
(i) a felony under Section 21.11, 22.011,
or 22.021, Penal Code; or
(ii) criminal attempt of a felony under
Section 21.11, 22.011, or 22.021, Penal Code; and
(B) the judge makes an affirmative finding that:
(i) drug or alcohol abuse significantly
contributed to the commission of the crime or violation of
community supervision; and
(ii) the defendant is a suitable candidate
for treatment, as determined by the suitability criteria
established by the Texas Board of Criminal Justice under Section
493.009(b), Government Code.
SECTION 6.006. Article 59.01(2), Code of Criminal
Procedure, as amended by Chapters 127 (S.B. 1614), 822 (H.B. 73),
and 885 (H.B. 2278), Acts of the 80th Legislature, Regular Session,
2007, is reenacted and is amended to correct a reference to read as
follows:
(2) “Contraband” means property of any nature,
including real, personal, tangible, or intangible, that is:
(A) used in the commission of:
(i) any first or second degree felony under
the Penal Code;
(ii) any felony under Section 15.031(b),
20.05, 21.11, 38.04, Subchapter B of Chapter 43, or Chapter 29, 30,
31, 32, 33, 33A, or 35, Penal Code;
(iii) any felony under The Securities Act
(Article 581-1 et seq., Vernon’s Texas Civil Statutes); or
(iv) any offense under Chapter 49, Penal
Code, that is punishable as a felony of the third degree or state
jail felony, if the defendant has been previously convicted three
times of an offense under that chapter;
(B) used or intended to be used in the commission
of:
(i) any felony under Chapter 481, Health
and Safety Code (Texas Controlled Substances Act);
(ii) any felony under Chapter 483, Health
and Safety Code;
(iii) a felony under Chapter 153, Finance
Code;
(iv) any felony under Chapter 34, Penal
Code;
(v) a Class A misdemeanor under Subchapter
B, Chapter 365, Health and Safety Code, if the defendant has been
previously convicted twice of an offense under that subchapter;
(vi) any felony under Chapter 152, Finance
Code;
(vii) any felony under Chapter 32, Human
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that
involves the state Medicaid program;
(viii) a Class B misdemeanor under Chapter
522, Business & Commerce Code; or
(ix) a Class A misdemeanor under Section
306.051 [35.153], Business & Commerce Code;
(C) the proceeds gained from the commission of a
felony listed in Paragraph (A) or (B) of this subdivision, a
misdemeanor listed in Paragraph (B)(viii) of this subdivision, or a
crime of violence;
(D) acquired with proceeds gained from the
commission of a felony listed in Paragraph (A) or (B) of this
subdivision, a misdemeanor listed in Paragraph (B)(viii) of this
subdivision, or a crime of violence; or
(E) used to facilitate or intended to be used to
facilitate the commission of a felony under Section 15.031 or
43.25, Penal Code.
SECTION 6.007. Article 61.06(c), Code of Criminal
Procedure, as amended by Chapters 258 (S.B. 111), 263 (S.B. 103),
and 1308 (S.B. 1909), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted to read as follows:
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
three-year period does not include any period during which the
individual who is the subject of the information is:
(1) confined in a correctional facility operated by or
under contract with the Texas Department of Criminal Justice;
(2) committed to a secure correctional facility
operated by or under contract with the Texas Youth Commission, as
defined by Section 51.02, Family Code; or
(3) confined in a county jail or confined in or
committed to a facility operated by a juvenile board in lieu of
being confined in a correctional facility operated by or under
contract with the Texas Department of Criminal Justice or being
committed to a secure correctional facility operated by or under
contract with the Texas Youth Commission.
SECTION 6.008. Article 102.011(a), Code of Criminal
Procedure, as amended by Sections 20 and 21, Chapter 1263 (H.B.
3060), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
(a) A defendant convicted of a felony or a misdemeanor shall
pay the following fees for services performed in the case by a peace
officer:
(1) $5 for issuing a written notice to appear in court
following the defendant’s violation of a traffic law, municipal
ordinance, or penal law of this state, or for making an arrest
without a warrant;
(2) $50 for executing or processing an issued arrest
warrant, capias, or capias pro fine with the fee imposed for the
services of:
(A) the law enforcement agency that executed the
arrest warrant or capias, if the agency requests of the court, not
later than the 15th day after the date of the execution of the
arrest warrant or capias, the imposition of the fee on conviction;
or
(B) the law enforcement agency that processed the
arrest warrant or capias, if:
(i) the arrest warrant or capias was not
executed; or
(ii) the executing law enforcement agency
failed to request the fee within the period required by Paragraph
(A) of this subdivision;
(3) $5 for summoning a witness;
(4) $35 for serving a writ not otherwise listed in this
article;
(5) $10 for taking and approving a bond and, if
necessary, returning the bond to the courthouse;
(6) $5 for commitment or release;
(7) $5 for summoning a jury, if a jury is summoned; and
(8) $8 for each day’s attendance of a prisoner in a
habeas corpus case if the prisoner has been remanded to custody or
held to bail.
ARTICLE 7. CHANGES RELATING TO EDUCATION CODE
SECTION 7.001. Section 21.511, Education Code, is amended
to add a heading to read as follows:
Sec. 21.511. RULES. The commissioner shall adopt rules to
implement this subchapter.
SECTION 7.002. (a) Section 25.087(c), Education Code, as
added by Chapter 660 (H.B. 1187), Acts of the 80th Legislature,
Regular Session, 2007, is amended to read as follows:
(c) A school district may excuse a student in grades 6
through 12 for the purpose of sounding “Taps” at a military honors
funeral held in this state for a deceased veteran. [A student whose
absence is excused under this subsection may not be penalized for
that absence and shall be counted as if the student attended school
for purposes of calculating the average daily attendance of
students in the school district. A student whose absence is
excused under this subsection shall be allowed a reasonable time to
make up school work missed on those days. If the student
satisfactorily completes the school work, the day of absence shall
be counted as a day of compulsory attendance.]
(b) Section 25.087(c), Education Code, as added by Chapter
479 (H.B. 2455), Acts of the 80th Legislature, Regular Session,
2007, is relettered as Subsection (d) and amended to read as
follows:
(d) [(c)] A student whose absence is excused under
Subsection (b) or (c) may not be penalized for that absence and
shall be counted as if the student attended school for purposes of
calculating the average daily attendance of students in the school
district. A student whose absence is excused under Subsection (b)
or (c) shall be allowed a reasonable time to make up school work
missed on those days. If the student satisfactorily completes the
school work, the day of absence shall be counted as a day of
compulsory attendance.
SECTION 7.003. Section 25.0951(a), Education Code, as
amended by Chapters 908 (H.B. 2884) and 984 (S.B. 1161), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) If a student fails to attend school without excuse on 10
or more days or parts of days within a six-month period in the same
school year, a school district shall within 10 school days of the
student’s 10th absence:
(1) file a complaint against the student or the
student’s parent or both in a county, justice, or municipal court
for an offense under Section 25.093 or 25.094, as appropriate, or
refer the student to a juvenile court in a county with a population
of less than 100,000 for conduct that violates Section 25.094; or
(2) refer the student to a juvenile court for conduct
indicating a need for supervision under Section 51.03(b)(2), Family
Code.
SECTION 7.004. (a) Section 33.085, Education Code, is
transferred to Subchapter A, Chapter 38, Education Code, and
redesignated as Section 38.024, Education Code.
(b) The heading to Section 38.024, Education Code, as
redesignated from Section 33.085, Education Code, by Subsection (a)
of this section, is amended to read as follows:
Sec. 38.024 [33.085]. INSURANCE AGAINST STUDENT INJURIES
[FOR CERTAIN SCHOOL ACTIVITIES].
SECTION 7.005. Section 37.203(a), Education Code, as
amended by Chapters 258 (S.B. 11) and 263 (S.B. 103), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) The center is advised by a board of directors composed
of:
(1) the attorney general, or the attorney general’s
designee;
(2) the commissioner, or the commissioner’s designee;
(3) the executive director of the Texas Juvenile
Probation Commission, or the executive director’s designee;
(4) the executive commissioner of the Texas Youth
Commission, or the executive commissioner’s designee;
(5) the commissioner of the Department of State Health
Services, or the commissioner’s designee;
(6) the commissioner of higher education, or the
commissioner’s designee; and
(7) the following members appointed by the governor
with the advice and consent of the senate:
(A) a juvenile court judge;
(B) a member of a school district’s board of
trustees;
(C) an administrator of a public primary school;
(D) an administrator of a public secondary
school;
(E) a member of the state parent-teacher
association;
(F) a teacher from a public primary or secondary
school;
(G) a public school superintendent who is a
member of the Texas Association of School Administrators;
(H) a school district police officer or a peace
officer whose primary duty consists of working in a public school;
and
(I) two members of the public.
SECTION 7.006. Effective September 1, 2010, Section
42.302(a-1), Education Code, as amended by Chapters 19 (H.B. 5) and
1191 (H.B. 828), Acts of the 80th Legislature, Regular Session,
2007, is reenacted to read as follows:
(a-1) In this section, “wealth per student” has the meaning
assigned by Section 41.001. For purposes of Subsection (a), the
dollar amount guaranteed level of state and local funds per
weighted student per cent of tax effort (“GL”) for a school district
is:
(1) the amount of district tax revenue per weighted
student per cent of tax effort available to a district at the 88th
percentile in wealth per student, as determined by the commissioner
in cooperation with the Legislative Budget Board, for the
district’s maintenance and operations tax effort equal to or less
than the rate equal to the product of the state compression
percentage, as determined under Section 42.2516, multiplied by the
maintenance and operations tax rate adopted by the district for the
2005 tax year;
(2) the greater of the amount of district tax revenue
per weighted student per cent of tax effort that would be available
to the Austin Independent School District, as determined by the
commissioner in cooperation with the Legislative Budget Board, if
the reduction of the limitation on tax increases as provided by
Section 11.26(a-1), (a-2), or (a-3), Tax Code, did not apply, or the
amount of district tax revenue per weighted student per cent of tax
effort used for purposes of this subdivision in the preceding
school year, for the first six cents by which the district’s
maintenance and operations tax rate exceeds the rate equal to the
product of the state compression percentage, as determined under
Section 42.2516, multiplied by the maintenance and operations tax
rate adopted by the district for the 2005 tax year; and
(3) $31.95, for the district’s maintenance and
operations tax effort that exceeds the amount of tax effort
described by Subdivision (2).
SECTION 7.007. Section 46.061, Education Code, is amended
to add a heading to read as follows:
Sec. 46.061. STATE ASSISTANCE FOR REFINANCING. (a) The
commissioner by rule may provide for the payment of state
assistance under this chapter to refinance school district debt. A
refinancing may not increase the cost to the state of providing the
assistance.
(b) The commissioner may allocate state assistance provided
for a refinancing to Subchapter A, Subchapter B, or both, as
appropriate.
SECTION 7.008. Section 51.807, Education Code, as amended
by Chapters 941 (H.B. 3826) and 1369 (H.B. 3851), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 51.807. RULEMAKING. (a) To ensure a uniform standard
for admissions under this subchapter, the Texas Higher Education
Coordinating Board shall adopt rules establishing a standard method
for computing a student’s high school grade point average. The
method established under this subsection:
(1) must:
(A) be based on a four-point scale; and
(B) assign additional weight for each honors
course, advanced placement course, international baccalaureate
course, or dual credit course completed by the student as the board
considers appropriate, taking into consideration the academic
rigor of each course completed by the student; and
(2) may result in a student having a grade point
average higher than 4.0 on a four-point scale as a result of the
assignment of additional weight for one or more courses completed
by a student under Subdivision (1)(B).
(b) The Texas Higher Education Coordinating Board, after
consulting with the Texas Education Agency, by rule shall establish
standards for determining for purposes of this subchapter:
(1) whether a private high school is accredited by a
generally recognized accrediting organization; and
(2) whether a person completed a high school
curriculum that is equivalent in content and rigor to the
curriculum requirements established under Section 28.025 for the
recommended or advanced high school program.
(c) The board may adopt other rules relating to the
operation of admissions programs under this subchapter, including
rules relating to the identification of eligible students.
(d) The standard method established under Subsection (a)
for computing a student’s high school grade point average applies
to computing the grade point average of a student applying as a
first-time freshman for admission to a general academic teaching
institution beginning with admissions for the 2009 fall semester.
This subsection expires January 1, 2010.
SECTION 7.009. Section 54.204(b), Education Code, as
amended by Chapters 214 (H.B. 741) and 1318 (S.B. 1233), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:

(b) The governing board of each institution of higher
education shall exempt from the payment of all dues, fees, and
charges any person whose parent is an eligible firefighter or law
enforcement officer who has suffered an injury, resulting in death
or disability, sustained in the line of duty according to the
regulations and criteria then in effect governing the department or
agency in which the eligible firefighter or law enforcement officer
volunteered or was employed. The exemption does not apply to
general deposits or to fees or charges for lodging, board, or
clothing.
SECTION 7.010. Section 54.765(a), Education Code, is
amended to correct a cross-reference to read as follows:
(a) Except as provided by Subsection (h) [(e)], the
comptroller is the custodian of the assets of the fund.
SECTION 7.011. Section 61.9758(a), Education Code, as added
by Chapters 889 (H.B. 2426) and 936 (H.B. 3443), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) Each hospital-based nursing education partnership that
receives a grant under this subchapter shall submit to the board
narrative and financial reports that include information
concerning the extent to which during the reporting period the
partnership has complied with accountability standards established
by the board.
ARTICLE 8. CHANGES RELATING TO ELECTION CODE
SECTION 8.001. Section 18.005(a), Election Code, as amended
by Chapters 594 (H.B. 41) and 1295 (S.B. 74), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(a) Each original and supplemental list of registered
voters must:
(1) contain the voter’s name, [residence address or
substitute post office box address, if required by Section
18.0051,] date of birth, and registration number as provided by the
statewide computerized voter registration list;
(2) contain the voter’s residence address, except as
provided by Subsections (b) and (c) or Section 18.0051;
(3) be arranged alphabetically by voter name; and
(4) contain the notation required by Section 15.111.
ARTICLE 9. CHANGES RELATING TO FAMILY CODE
SECTION 9.001. Section 154.062(e), Family Code, as added by
Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(e) In calculating the amount of the deduction for health
care coverage for a child under Subsection (d)(5), if the obligor
has other minor dependents covered under the same health insurance
plan, the court shall divide the total cost to the obligor for the
insurance by the total number of minor dependents, including the
child, covered under the plan.
SECTION 9.002. Section 154.183(b), Family Code, as amended
by Chapters 363 (S.B. 303) and 620 (H.B. 448), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(b) If the court finds and states in the child support order
that the obligee will maintain health insurance coverage for the
child at the obligee’s expense, the court shall increase the amount
of child support to be paid by the obligor in an amount not
exceeding the actual cost to the obligee for maintaining health
insurance coverage, as provided under Section 154.182(b-1). [In
calculating the total expense to the obligee for maintaining health
insurance for the child under this subsection, if the obligee has
other minor dependents covered under the same health insurance
plan, the court shall divide the total expense to the obligee for
the insurance by the total number of minor dependents, including
the child, covered under the plan.]
ARTICLE 10. CHANGES RELATING TO FINANCE CODE
SECTION 10.001. Sections 11.309(a) and (b), Finance Code,
are amended to correct references to read as follows:
(a) In this section, “check verification entity” and
“financial institution” have the meanings assigned by Section
523.052 [35.595], Business & Commerce Code.
(b) The finance commission shall adopt rules:
(1) requiring a check verification entity to register
with the banking commissioner:
(A) at the intervals the finance commission
determines, but not less frequently than annually; and
(B) by providing to the banking commissioner the
information that the finance commission determines is necessary to
enable a financial institution or a check verification entity to
comply with the requirements of Section 523.052 [35.595], Business &
Commerce Code;
(2) authorizing the banking commissioner to charge a
check verification entity a reasonable annual fee, not to exceed
$100, to register with the commissioner; and
(3) requiring the banking commissioner to establish an
electronic notification system, through secure e-mail or another
secure system, to be used by a financial institution to notify check
verification entities as required by Section 523.052 [35.595],
Business & Commerce Code.
SECTION 10.002. Section 31.105, Finance Code, as amended by
Chapters 110 (H.B. 2007) and 237 (H.B. 1962), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 31.105. EXAMINATION REQUIRED. (a) The banking
commissioner shall examine each state bank annually, or on another
periodic basis as may be required by rule or policy, or as the
commissioner considers necessary to:
(1) safeguard the interests of depositors, creditors,
and shareholders; and
(2) efficiently enforce applicable law.
(b) The banking commissioner may:
(1) accept an examination of a state bank by a federal
or other governmental agency instead of an examination under this
section; or
(2) conduct an examination of a state bank jointly
with a federal or other governmental agency.
(c) The banking commissioner may administer oaths and
examine persons under oath on any subject that the commissioner
considers pertinent to the financial condition or the safety and
soundness of the activities of a state bank.
(d) Disclosure of information to the banking commissioner
pursuant to an examination request does not constitute a waiver of
or otherwise affect or diminish an evidentiary privilege to which
the information is otherwise subject. A report of an examination
under this section is confidential and may be disclosed only under
the circumstances provided by this subtitle.
SECTION 10.003. Section 32.004(c), Finance Code, as amended
by Chapters 237 (H.B. 1962) and 735 (H.B. 2754), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(c) Rules adopted under this subtitle may specify the
confidential or nonconfidential character of information obtained
or prepared by the department under this chapter. Except as
provided by Subchapter D, Chapter 31, or in rules regarding
confidential information, the business plan of the applicant and
the financial statement of a proposed officer or director are
confidential and not subject to public disclosure.
SECTION 10.004. Section 156.204(a), Finance Code, is
amended to conform to Section 6, Chapter 905 (H.B. 2783), Acts of
the 80th Legislature, Regular Session, 2007, and further amended to
conform to changes in terminology made by Chapter 703 (S.B. 414),
Acts of the 77th Legislature, Regular Session, 2001, and the
enactment of Title 13, Insurance Code, to read as follows:
(a) To be eligible to be licensed as a mortgage broker as an
individual, the individual must:
(1) be at least 18 years of age;
(2) be a citizen of the United States or a lawfully
admitted alien;
(3) maintain a physical office in this state and
designate that office in the application;
(4) provide the commissioner with satisfactory
evidence that the applicant satisfies one of the following:
(A) the individual [person] has received a
bachelor’s degree in an area relating to finance, banking, or
business administration from an accredited college or university
and has 18 months of experience in the mortgage or lending field as
evidenced by documentary proof of full-time employment as a
mortgage broker or licensed loan officer with a mortgage broker or
an individual [a person] exempt under Section 156.202;
(B) the individual [person] is licensed in this
state as:
(i) an active real estate broker under
Chapter 1101, Occupations Code;
(ii) an active attorney; or
(iii) a general property and casualty
insurance agent under Chapter 4051, Insurance Code, [local
recording agent or insurance solicitor] or an agent for a legal
reserve life insurance company under Subtitle B, Title 13 [Chapter
21], Insurance Code, or holds an equivalent license under Subtitle
B, Title 13 [Chapter 21], Insurance Code; or
(C) the individual [person] has three years of
experience in the mortgage lending field as evidenced by
documentary proof of full-time employment as a licensed loan
officer with a mortgage broker or an individual [a person] exempt
under Section 156.202;
(5) provide the commissioner with satisfactory
evidence of:
(A) having passed an examination, offered by a
testing service or company approved by the finance commission, that
demonstrates knowledge of:
(i) the mortgage industry; and
(ii) the role and responsibilities of a
mortgage broker; and
(B) compliance with the financial requirements
of this chapter;
(6) not have been convicted of a criminal offense that
the commissioner determines directly relates to the occupation of a
mortgage broker as provided by Chapter 53, Occupations Code;
(7) satisfy the commissioner as to the individual’s
good moral character, including the individual’s honesty,
trustworthiness, and integrity;
(8) not be in violation of this chapter, a rule adopted
under this chapter, or any order previously issued to the
individual by the commissioner; and
(9) provide the commissioner with satisfactory
evidence that:
(A) if the individual [person] has not been
previously licensed as a mortgage broker or a loan officer under
this subchapter, the individual [person] has completed 90 classroom
hours of education courses approved by the commissioner under this
section; or
(B) if the individual [person] has not been
previously licensed as a mortgage broker under this subchapter but
has been licensed as a loan officer under this subchapter, the
individual [person] has successfully completed an additional 30
classroom hours of education courses approved by the commissioner
under this section.
ARTICLE 11. CHANGES RELATING TO GOVERNMENT CODE
PART A. GENERAL CHANGES
SECTION 11.001. Section 61.003(a), Government Code, as
amended by Chapters 661 (H.B. 1204) and 1378 (S.B. 560), Acts of the
80th Legislature, Regular Session, 2007, and Section 61.003(a-1),
Government Code, as added by Chapters 661 (H.B. 1204) and 1378 (S.B.
560), Acts of the 80th Legislature, Regular Session, 2007, are
reenacted to read as follows:
(a) Each person who reports for jury service shall be
personally provided a form letter that when signed by the person
directs the county treasurer to donate all, or a specific amount
designated by the person, of the person’s daily reimbursement under
this chapter to:
(1) the compensation to victims of crime fund under
Subchapter B, Chapter 56, Code of Criminal Procedure;
(2) the child welfare board of the county appointed
under Section 264.005, Family Code;
(3) any program selected by the commissioners court
that is operated by a public or private nonprofit organization and
that provides shelter and services to victims of family violence;
or
(4) any other program approved by the commissioners
court of the county, including a program established under Article
56.04(f), Code of Criminal Procedure, that offers psychological
counseling to jurors in criminal cases involving graphic evidence
or testimony.
(a-1) The form letter provided under Subsection (a) must
include a blank in which a person may enter the amount of the daily
reimbursement the person wishes to donate.
SECTION 11.002. Section 411.042(b), Government Code, as
amended by Chapters 70 (H.B. 76), 1306 (S.B. 839), and 1372 (S.B.
9), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(b) The bureau of identification and records shall:
(1) procure and file for record photographs, pictures,
descriptions, fingerprints, measurements, and other pertinent
information of all persons arrested for or charged with a criminal
offense or convicted of a criminal offense, regardless of whether
the conviction is probated;
(2) collect information concerning the number and
nature of offenses reported or known to have been committed in the
state and the legal steps taken in connection with the offenses, and
other information useful in the study of crime and the
administration of justice, including information that enables the
bureau to create a statistical breakdown of offenses in which
family violence was involved and a statistical breakdown of
offenses under Sections 22.011 and 22.021, Penal Code;
(3) make ballistic tests of bullets and firearms and
chemical analyses of bloodstains, cloth, materials, and other
substances for law enforcement officers of the state;
(4) cooperate with identification and crime records
bureaus in other states and the United States Department of
Justice;
(5) maintain a list of all previous background checks
for applicants for any position regulated under Chapter 1702,
Occupations Code, who have undergone a criminal history background
check under Section 411.119, if the check indicates a Class B
misdemeanor or equivalent offense or a greater offense;
(6) collect information concerning the number and
nature of protective orders and all other pertinent information
about all persons on active protective orders. Information in the
law enforcement information system relating to an active protective
order shall include:
(A) the name, sex, race, date of birth, personal
descriptors, address, and county of residence of the person to whom
the order is directed;
(B) any known identifying number of the person to
whom the order is directed, including the person’s social security
number or driver’s license number;
(C) the name and county of residence of the
person protected by the order;
(D) the residence address and place of employment
or business of the person protected by the order, unless that
information is excluded from the order under Section 85.007, Family
Code;
(E) the child-care facility or school where a
child protected by the order normally resides or which the child
normally attends, unless that information is excluded from the
order under Section 85.007, Family Code;
(F) the relationship or former relationship
between the person who is protected by the order and the person to
whom the order is directed; and
(G) the date the order expires; [and]
(7) grant access to criminal history record
information in the manner authorized under Subchapter F; and
(8) [(7)] collect and disseminate information
regarding offenders with mental impairments in compliance with
Chapter 614, Health and Safety Code.
SECTION 11.003. Section 411.042(g), Government Code, as
amended by Chapters 70 (H.B. 76) and 1372 (S.B. 9), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(g) The department may adopt reasonable rules under this
section relating to:
(1) law enforcement information systems maintained by
the department;
(2) the collection, maintenance, and correction of
records;
(3) reports of criminal history information submitted
to the department;
(4) active protective orders issued under Title 4,
Family Code, and reporting procedures that ensure that information
relating to the issuance of an active protective order and to the
dismissal of an active protective order is reported to the local law
enforcement agency at the time of the order’s issuance or dismissal
and entered by the local law enforcement agency in the state’s law
enforcement information system; [and]
(5) the collection of information described by
Subsection (h); and
(6) [(5)] a system for providing criminal history
record information through the criminal history clearinghouse
under Section 411.0845.
SECTION 11.004. Sections 420.008(b) and (c), Government
Code, are amended to correct references to read as follows:
(b) The fund consists of fees collected under:
(1) Section 19(e), Article 42.12, Code of Criminal
Procedure;
(2) Section 508.189, Government Code; and
(3) Subchapter B, Chapter 102 [47], Business &
Commerce Code, and deposited under Section 102.054 [47.054].
(c) The legislature may appropriate money deposited to the
credit of the fund only to:
(1) the attorney general, for:
(A) sexual violence awareness and prevention
campaigns;
(B) grants to faith-based groups, independent
school districts, and community action organizations for programs
for the prevention of sexual assault and programs for victims of
human trafficking;
(C) grants for equipment for sexual assault nurse
examiner programs, to support the preceptorship of future sexual
assault nurse examiners, and for the continuing education of sexual
assault nurse examiners;
(D) grants to increase the level of sexual
assault services in this state;
(E) grants to support victim assistance
coordinators;
(F) grants to support technology in rape crisis
centers;

(G) grants to and contracts with a statewide
nonprofit organization exempt from federal income taxation under
Section 501(c)(3), Internal Revenue Code of 1986, having as a
primary purpose ending sexual violence in this state, for programs
for the prevention of sexual violence, outreach programs, and
technical assistance to and support of youth and rape crisis
centers working to prevent sexual violence; and
(H) grants to regional nonprofit providers of
civil legal services to provide legal assistance for sexual assault
victims;
(2) the Department of State Health Services, to
measure the prevalence of sexual assault in this state and for
grants to support programs assisting victims of human trafficking;
(3) the Institute on Domestic Violence and Sexual
Assault at The University of Texas at Austin, to conduct research on
all aspects of sexual assault and domestic violence;
(4) Texas State University, for training and technical
assistance to independent school districts for campus safety;
(5) the office of the governor, for grants to support
sexual assault and human trafficking prosecution projects;
(6) the Department of Public Safety, to support sexual
assault training for commissioned officers;
(7) the comptroller’s judiciary section, for
increasing the capacity of the sex offender civil commitment
program;
(8) the Texas Department of Criminal Justice:
(A) for pilot projects for monitoring sex
offenders on parole; and
(B) for increasing the number of adult
incarcerated sex offenders receiving treatment;
(9) the Texas Youth Commission, for increasing the
number of incarcerated juvenile sex offenders receiving treatment;
(10) the comptroller, for the administration of the
fee imposed on sexually oriented businesses under Section 102.052
[47.052], Business & Commerce Code; and
(11) the supreme court, to be transferred to the Texas
Equal Access to Justice Foundation, or a similar entity, to provide
victim-related legal services to sexual assault victims, including
legal assistance with protective orders, relocation-related
matters, victim compensation, and actions to secure privacy
protections available to victims under law.
SECTION 11.005. Section 431.134(a), Government Code, as
amended by Chapters 740 (H.B. 2896), 741 (H.B. 2897), and 1080 (H.B.
2895), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(a) The adjutant general may adopt rules and regulations
relating to the:
(1) Texas Faithful Service Medal, which shall be
awarded to a member of the state military forces who has completed
five years of honorable service during which the person has shown
fidelity to duty, efficient service, and great loyalty to the
state;
(2) Federal Service Medal, which shall be awarded to a
person who was inducted into federal service from the state
military forces between June 15, 1940, and January 1, 1946, or after
June 1, 1950, if the service was for more than 90 days;
(3) Texas Medal of Merit, which may be presented to a
member of the military forces of this state, another state, or the
United States who performs outstanding service or attains
extraordinary achievement in behalf of the state or United States;
(4) Texas Outstanding Service Medal, which may be
presented to a member of the military forces of this state, another
state, or the United States who has performed service in a superior
and clearly outstanding manner;
(5) Texas State Guard Service Medal, which shall be
awarded to a person who completes three consecutive years of
honorable service in the Texas State Guard during which the person
has shown fidelity to duty, efficient service, and great loyalty to
the state;
(6) Texas Desert Shield/Desert Storm Campaign Medal,
which shall be awarded to a person who was inducted into federal
service from the Texas National Guard after August 1, 1990, in
support of Operation Desert Shield or Operation Desert Storm,
without regard to the place that the person was deployed while
serving on active federal military duty;
(7) Texas Humanitarian Service Medal, which shall be
awarded to a person who:
(A) does not meet the criteria for an award of the
federal Humanitarian Service Medal;
(B) is a member of the state military forces; and
(C) while serving on state active duty or active
duty under state authority in accordance with Title 32 of the United
States Code, participates satisfactorily in defense support to a
mission under civilian authority to protect life or property during
or soon after a natural disaster or civil unrest in the state;
(8) Texas Cavalry Medal, which shall be awarded to a
person who:
(A) served on or after September 11, 2001, in the
124th Cavalry, Texas Army National Guard; and
(B) served in a hostile fire zone as designated
by the United States secretary of defense;
(9) Texas Combat Service Ribbon, which shall be
awarded to a member of the Texas National Guard who served, after
September 11, 2001, in a hostile fire zone as designated by the
United States secretary of defense;
(10) Texas Purple Heart Medal, which shall be awarded
to a person who, after September 11, 2001:
(A) was inducted into federal service from the
Texas National Guard; and
(B) meets the criteria for an award of the
federal Purple Heart Medal; [and]
(11) Texas Superior Service Medal, which shall be
awarded to:
(A) a member of the state military forces who
has:
(i) completed 30 or more years of honorable
state service or a combination of state and federal service; and
(ii) continually demonstrated superior
performance and service while assigned to key leadership positions
demanding responsibility; or
(B) a civilian who has contributed significant
service to the state military forces; and
(12) [(11)] Texas Homeland Defense Service Medal,
which shall be awarded to a member of the state military forces who
served:
(A) on or after September 11, 2001;
(B) on state active duty or active duty under
state authority in accordance with Title 32 of the United States
Code; and
(C) satisfactorily in defense support to a
mission in the state under civilian authority.
SECTION 11.006. Sections 465.0082 and 465.018(b),
Government Code, are repealed to conform to the repeal of Chapter
465, Government Code, by Chapter 609 (H.B. 387), Acts of the 80th
Legislature, Regular Session, 2007.
SECTION 11.007. Section 487.051(a), Government Code, as
amended by Chapters 560 (S.B. 1440) and 1241 (H.B. 2542), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(a) The office shall:
(1) assist rural communities in the key areas of
economic development, community development, rural health, and
rural housing;
(2) serve as a clearinghouse for information and
resources on all state and federal programs affecting rural
communities;
(3) in consultation with rural community leaders,
locally elected officials, state elected and appointed officials,
academic and industry experts, and the interagency work group
created under this chapter, identify and prioritize policy issues
and concerns affecting rural communities in the state;
(4) make recommendations to the legislature to address
the concerns affecting rural communities identified under
Subdivision (3);
(5) monitor developments that have a substantial
effect on rural Texas communities, especially actions of state
government, and compile an annual report describing and evaluating
the condition of rural communities;
(6) administer the federal community development
block grant nonentitlement program;
(7) administer programs supporting rural health care
as provided by this chapter;
(8) perform research to determine the most beneficial
and cost-effective ways to improve the welfare of rural
communities;
(9) ensure that the office qualifies as the state’s
office of rural health for the purpose of receiving grants from the
Office of Rural Health Policy of the United States Department of
Health and Human Services under 42 U.S.C. Section 254r;
(10) manage the state’s Medicare rural hospital
flexibility program under 42 U.S.C. Section 1395i-4;
(11) seek state and federal money available for
economic development in rural areas for programs under this
chapter; [and]
(12) in conjunction with the Department of
Agriculture, regularly cross-train office employees with employees
of the Department of Agriculture regarding the programs
administered and services provided by each agency to rural
communities; and
(13) [(11)] work with interested persons to assist
volunteer fire departments and emergency services districts in
rural areas.
SECTION 11.008. Section 508.145(d), Government Code, is
amended to correct a reference to read as follows:
(d) An inmate serving a sentence for an offense described by
Section 3g(a)(1)(A), (C), (D), (E), (F), (G), (H), [or] (I), or (J),
Article 42.12, Code of Criminal Procedure, or for an offense for
which the judgment contains an affirmative finding under Section
3g(a)(2) of that article, is not eligible for release on parole
until the inmate’s actual calendar time served, without
consideration of good conduct time, equals one-half of the sentence
or 30 calendar years, whichever is less, but in no event is the
inmate eligible for release on parole in less than two calendar
years.
SECTION 11.009. Section 531.0055(m), Government Code, is
amended to correct references to read as follows:
(m) The executive commissioner shall establish standards
for the use of electronic signatures in accordance with the Uniform
Electronic Transactions Act (Chapter 322 [43], Business & Commerce
Code), with respect to any transaction, as defined by Section
322.002 [43.002], Business & Commerce Code, in connection with the
administration of health and human services programs.
SECTION 11.010. Section 531.089, Government Code, as added
by Chapter 1008 (H.B. 867), Acts of the 79th Legislature, Regular
Session, 2005, and as renumbered by Chapter 921 (H.B. 3167), Acts of
the 80th Legislature, Regular Session, 2007, is transferred to
Subchapter B, Chapter 531, Government Code.
SECTION 11.011. The heading to Section 551.0726, Government
Code, is amended to read as follows:
Sec. 551.0726. TEXAS FACILITIES [BUILDING AND PROCUREMENT]
COMMISSION: DELIBERATION REGARDING CONTRACT BEING NEGOTIATED;
CLOSED MEETING.
SECTION 11.012. Sections 551.0812 and 572.003(c)(20),
Government Code, are repealed to conform to the abolition of the
State Banking Board by Chapter 914 (H.B. 1543), Acts of the 74th
Legislature, Regular Session, 1995.
SECTION 11.013. The heading to Section 551.121, Government
Code, as amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
to read as follows:
Sec. 551.121. GOVERNING BOARD OF INSTITUTION OF HIGHER
EDUCATION; BOARD FOR LEASE OF UNIVERSITY LANDS; TEXAS HIGHER
EDUCATION COORDINATING BOARD: SPECIAL MEETING FOR IMMEDIATE
ACTION.
SECTION 11.014. Section 551.121(c), Government Code, as
amended by Chapters 538 (S.B. 1046) and 778 (H.B. 3827), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(c) A meeting held by telephone conference call authorized
by this section may be held only if:
(1) the meeting is a special called meeting and
immediate action is required; and
(2) the convening at one location of a quorum of the
governing board, the Board for Lease of University Lands, or the
Texas Higher Education Coordinating Board, as applicable, is
difficult or impossible.
SECTION 11.015. Section 1371.152, Government Code, is
amended to correct references to read as follows:
Sec. 1371.152. EXEMPTIONS. This subchapter does not apply
to:
(1) an issuer who has more than $3 billion in
outstanding obligations as of September 1, 2007, or to a nonprofit
corporation investing funds on behalf of such an issuer;
(2) a person acting as a financial adviser with
respect to an issuance of public securities by an issuer created
under Chapter 8503, Special District Local Laws Code [222, Water
Code], delivered before January 1, 2010, under a contract that was
in effect on September 1, 2007, and that has not been modified since
that date;
(3) an employee of an issuer providing advice to the
issuer or to another issuer;
(4) a state agency:
(A) created by Section 49-b, Article III, Texas
Constitution; or
(B) the head of which is an officer in the
executive department under Section 1, Article IV, Texas
Constitution; or
(5) a corporation created under Chapter 505, Local
Government Code [Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)], by a municipality
located in a county bordering the Rio Grande River.
SECTION 11.016. Section 1372.0222, Government Code, as
amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and 1108 (H.B.
3552), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted to read as follows:
Sec. 1372.0222. DEDICATION OF PORTION OF STATE CEILING FOR
FIRE FIGHTER, LAW ENFORCEMENT OR SECURITY OFFICER, AND EMERGENCY
MEDICAL SERVICES PERSONNEL HOME LOAN PROGRAM. Until August 7, out
of that portion of the state ceiling that is available exclusively
for reservations by the Texas State Affordable Housing Corporation
under Section 1372.0223, 45.5 percent shall be allotted each year
and made available to the corporation for the purpose of issuing
qualified mortgage bonds in connection with the fire fighter, law
enforcement or security officer, and emergency medical services
personnel home loan program established under Section 2306.5621.
SECTION 11.017. Section 1372.031, Government Code, as
amended by Chapters 991 (S.B. 1332) and 1108 (H.B. 3552), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted to read
as follows:

Sec. 1372.031. PRIORITIES FOR RESERVATIONS AMONG CERTAIN
ISSUERS. (a) Except as provided by Subsection (b) and subject to
Sections 1372.0321, 1372.0231, and 1372.035(c), if, on or before
October 20, more than one issuer in a category described by Section
1372.022(a)(2), (3), (4), or (6) applies for a reservation of the
state ceiling for the next program year, the board shall grant
reservations in that category in the order determined by the board
by lot.
(b) Until August 1 of the program year, within the category
described by Section 1372.022(a)(6), the board shall grant priority
to the Texas Economic Development Bank for projects that the Texas
Economic Development and Tourism Office determines meet the
governor’s criteria for funding from the Texas Enterprise Fund.
Notwithstanding the priority, the Texas Economic Development Bank
may not receive an amount greater than one-sixth of the portion of
the state ceiling available under Section 1372.022(a)(6) on January
1 of the program year.
(c) In selecting projects for reservations of the state
ceiling for a program year under Subsection (b), among those
projects the Texas Economic Development and Tourism Office
determines meet the governor’s criteria for funding from the Texas
Enterprise Fund the office shall give priority to obtaining
reservations for those projects located or to be located in an
economically depressed or blighted area, as defined by Section
2306.004, or in an enterprise zone designated under Chapter 2303.
(d) This section and Section 1372.063 do not give a priority
to any project described by Subsection (b) for the purpose of
selecting projects for reservations under Section 1372.022(b).
(e) The Texas Economic Development Bank is subject to
Section 1201.027(d).
SECTION 11.018. Section 2054.055(b), Government Code, as
amended by Chapters 394 (S.B. 757), 691 (H.B. 1788), and 1208 (H.B.
1789), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
(b) The report must:
(1) assess the progress made toward meeting the goals
and objectives of the state strategic plan for information
resources management;
(2) describe major accomplishments of the state or a
specific state agency in information resources management;
(3) describe major problems in information resources
management confronting the state or a specific state agency;
(4) provide a summary of the total expenditures for
information resources and information resources technologies by
the state;
(5) make recommendations for improving the
effectiveness and cost-efficiency of the state’s use of information
resources;
(6) describe the status, progress, benefits, and
efficiency gains of the TexasOnline project, including any
significant issues regarding contract performance;
(7) provide a financial summary of the TexasOnline
project, including project costs and revenues;
(8) provide a summary of the amount and use of
Internet-based training conducted by each state agency and
institution of higher education; [and]
(9) provide a summary of agency and statewide results
in providing access to electronic and information resources to
individuals with disabilities as required by Subchapter M; and
(10) [(7)] assess the progress made toward
accomplishing the goals of the plan for a state telecommunications
network and developing a system of telecommunications services as
provided by Subchapter H.
SECTION 11.019. Section 2054.092(b), Government Code, as
amended by Chapters 394 (S.B. 757) and 691 (H.B. 1788), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(b) The plan must:
(1) provide a strategic direction for information
resources management in state government for the five fiscal years
following adoption of the plan;
(2) outline a state information architecture that
contains a logically consistent set of principles, policies, and
standards to guide the engineering of state government’s
information technology systems and infrastructure in a way that
ensures compatibility and alignment with state government’s needs;
(3) designate and report on critical electronic
government projects to be directed by the department, including a
project for electronic purchasing;
(4) provide information about best practices to assist
state agencies in adopting effective information management
methods, including the design, deployment, and management of
information resources projects, cost-benefit analyses, and staff
reengineering methods to take full advantage of technological
advancements;
(5) provide long-range policy guidelines for
information resources in state government, including the
implementation of national, international, and department
standards for information resources technologies;
(6) identify major issues faced by state agencies
related to the acquisition of computer hardware, computer software,
and information resources technology services and develop a
statewide approach to address the issues, including:
(A) developing performance measures for
purchasing and contracting; and
(B) identifying opportunities to reuse computer
software code purchased with public funds; [and]
(7) identify priorities for:
(A) the implementation of information resources
technologies according to the relative economic and social impact
on the state; and
(B) return on investment and cost-benefit
analysis strategies; and
(8) [(9)] provide information about best practices to
assist state agencies in adopting methods for design, deployment,
and management of telecommunications services.
SECTION 11.020. Section 2054.096(a), Government Code, as
amended by Chapter 645 (H.B. 921), Acts of the 80th Legislature,
Regular Session, 2007, is repealed to conform to the repeal of
Section 2054.096, Government Code, by Chapter 691 (H.B. 1788), Acts
of the 80th Legislature, Regular Session, 2007, a later enactment.
SECTION 11.021. Sections 2054.304(b) and (c), Government
Code, as amended by Chapters 937 (H.B. 3560) and 1081 (H.B. 2918),
Acts of the 80th Legislature, Regular Session, 2007, are reenacted
to read as follows:
(b) Except as provided by Subsection (c), the state agency
must file the project plan with the quality assurance team and the
department before the agency:
(1) spends more than 10 percent of allocated funds for
the project or major contract; or
(2) first issues a vendor solicitation for the project
or contract.
(c) Unless the project plan has been filed under this
section:
(1) a vendor solicitation may not be issued for the
project or major contract; and
(2) the agency may not post a vendor solicitation for
the project or contract in the state business daily under Section
2155.083.
SECTION 11.022. Section 2155.068(d), Government Code, as
amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(d) As part of the standards and specifications program, the
commission shall:
(1) review contracts for opportunities to recycle
waste produced at state buildings;
(2) develop and update a list of equipment and
appliances that meet the energy efficiency standards provided by
Section 2158.301; and
(3) assist state agencies in selecting products under
Section 2158.301, as appropriate.
SECTION 11.023. Section 2264.001(1), Government Code, as
added by Chapter 853 (H.B. 1196), Acts of the 80th Legislature,
Regular Session, 2007, is amended to correct a reference to read as
follows:
(1) “Economic development corporation” means a
development corporation organized under Subtitle C1, Title 12,
Local Government Code [the Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)].
SECTION 11.024. Section 2306.1076(b), Government Code, as
added by Chapters 1029 (H.B. 1637) and 1341 (S.B. 1908), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(b) In addition to funds set aside for the program under
Section 1372.023, the department may solicit and accept funding for
the program from gifts and grants for the purposes of this section.
SECTION 11.025. Sections 2306.553(a) and (b), Government
Code, as amended by Chapters 455 (H.B. 618), 544 (S.B. 1185), and
1108 (H.B. 3552), Acts of the 80th Legislature, Regular Session,
2007, are reenacted to read as follows:
(a) The public purpose of the corporation is to perform
activities and services that the corporation’s board of directors
determines will promote the public health, safety, and welfare
through the provision of adequate, safe, and sanitary housing
primarily for individuals and families of low, very low, and
extremely low income and for persons who are eligible for loans
under the home loan programs provided by Sections 2306.562 and
2306.5621. The activities and services shall include engaging in
mortgage banking activities and lending transactions and
acquiring, holding, selling, or leasing real or personal property.
(b) The corporation’s primary public purpose is to
facilitate the provision of housing by issuing qualified 501(c)(3)
bonds and qualified residential rental project bonds and by making
affordable loans to individuals and families of low, very low, and
extremely low income and to persons who are eligible for loans under
the home loan programs provided by Sections 2306.562 and
2306.5621. The corporation may make first lien, single family
purchase money mortgage loans for single family homes only to
individuals and families of low, very low, and extremely low income
if the individual’s or family’s household income is not more than
the greater of 60 percent of the median income for the state, as
defined by the United States Department of Housing and Urban
Development, or 60 percent of the area median family income,
adjusted for family size, as defined by that department. The
corporation may make loans for multifamily developments if:
(1) at least 40 percent of the units in a multifamily
development are affordable to individuals and families with incomes
at or below 60 percent of the median family income, adjusted for
family size; or
(2) at least 20 percent of the units in a multifamily
development are affordable to individuals and families with incomes
at or below 50 percent of the median family income, adjusted for
family size.
PART B. UPDATE OF COURT FEES
SECTION 11.101. (a) Section 101.021, Government Code, is
amended 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 writ of error (Sec. 51.005,
Government Code) . . . $50;
(2) additional fee if application for writ of error 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 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) . . . $10; and
(12) additional filing fee to fund civil legal
services for the indigent (Sec. 51.941, Government Code) . . . $25.
(b) Section 101.022, Government Code, is repealed.
SECTION 11.102. (a) Section 101.041, Government Code, is
amended to read as follows:
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT
CODE. The clerk of a court of appeals shall collect fees and costs
as follows:
(1) for cases appealed to and filed in the court of
appeals from the district and county courts within its court of
appeals district (Sec. 51.207, Government Code) . . . $100;
(2) motion for leave to file petition for writ of
mandamus, prohibition, injunction, and other similar proceedings
originating in the court of appeals (Sec. 51.207, Government Code)
. . . $50;
(3) additional fee if the motion under Subdivision (2)
is granted (Sec. 51.207, Government Code) . . . $75;
(4) motion to file or to extend time to file record on
appeal from district or county court (Sec. 51.207, Government Code)
. . . $10;
(5) administering an oath and giving a sealed
certificate of oath (Sec. 51.207, Government Code) . . . $5;
(6) certified copy of papers of record in court
offices, including certificate and seal (Sec. 51.207, Government
Code) . . . $5, or $1 per page if more than five pages;
(7) comparing any document with the original filed in
the offices of the court for purposes of certification (Sec.
51.207, Government Code) . . . $5, or $1 per page if more than five
pages;
(8) any official service performed by the clerk for
which a fee is not otherwise provided (Sec. 51.207, Government
Code) . . . a reasonable fee set by the order or rule of the supreme
court;
(8-a) supreme court support account filing fee (Sec.
51.208, Government Code) . . . amount set by the supreme court, not
to exceed $50; and
(9) additional filing fee to fund civil legal services
for the indigent (Sec. 51.941, Government Code) . . . $25.
(b) Section 101.042, Government Code, is repealed.
SECTION 11.103. (a) Section 101.0611, Government Code, is
amended to conform to the amendments made to Section 101.061,
Government Code, by Chapters 637 (H.B. 764) and 1342 (S.B. 1951),
Acts of the 80th Legislature, Regular Session, 2007, and to conform
to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
Session, 2007, and is further 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) . . . not more than $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;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(H) [(G)] 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; [and]
(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; and
(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;
(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;
(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) . . . $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; and
(D) prescribed or authorized by law but for which
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;
(17) jury fee (Sec. 51.604, Government Code) . . .
$30;
(18) additional filing fee for family protection on
filing a suit for dissolution of a marriage under Chapter 6, Family
Code[, if authorized by the county commissioners court] (Sec.
51.961, Government Code) . . . not to exceed $15 [$30];
(19) at a hearing held by an associate judge in Dallas
County, a court cost to preserve the record, in the absence of a
court reporter, by other means (Sec. 54.509, Government Code) . . .
as assessed by the referring court or associate judge; and
(20) at a hearing held by an associate judge in Duval
County, a court cost to preserve the record (Sec. 54.1151,
Government Code) . . . as imposed by the referring court or
associate judge.
(b) Section 101.061, Government Code, as amended by
Chapters 637 (H.B. 764) and 1342 (S.B. 1951), Acts of the 80th
Legislature, Regular Session, 2007, is repealed. Section 101.061,
Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
80th Legislature, Regular Session, 2007, to reorganize and renumber
that section, continues in effect.
SECTION 11.104. (a) Section 101.0615, Government Code, is
amended to conform to the amendments made to Section 101.062,
Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 101.0615. DISTRICT COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a district court shall collect fees
and costs under the Local Government Code as follows:
(1) additional filing fees:
(A) for each civil suit filed, for court-related
purposes for the support of the judiciary and for civil legal
services to an indigent:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.151, Local
Government Code) . . . $45; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.151, Local Government Code)
. . . $50; and
(B) on the filing of 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:
(i) for family law cases and proceedings as
defined by Section 25.0002, Government Code (Sec. 133.152, Local
Government Code) . . . $5; or
(ii) for any case other than a case
described by Subparagraph (i) (Sec. 133.152, Local Government Code)
. . . $10;
(2) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(3) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(4) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20;
(5) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35; and
(6) on the filing of a civil suit, an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
(b) Section 101.062, Government Code, is repealed.
SECTION 11.105. Section 101.0616, Government Code, is
amended to conform to Chapter 614 (H.B. 417), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: TEXAS
PROBATE CODE. The clerk of a district court shall collect fees and
costs under the Texas Probate Code as follows:
(1) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding; [and]
(2) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding; and
(3) costs for attorney ad litem appointed to pursue
the restoration of a ward’s capacity or modification of the ward’s
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
SECTION 11.106. (a) Section 101.0811, Government Code, is
amended to conform to the amendments made to Section 101.081,
Government Code, by Chapters 1301 (S.B. 600) and 1342 (S.B. 1951),
Acts of the 80th Legislature, Regular Session, 2007, and to conform
to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
Session, 2007, 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) . . . not more than $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;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(H) [(G)] 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 a county court at law in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(6) jury fee (Sec. 51.604, Government Code) . . . $22;
(7) an additional filing fee:
(A) for each civil case filed to be used for
court-related purposes for the support of the judiciary[, if
authorized by the county commissioners court] (Sec. 51.702,
Government Code) . . . $40; [and]
(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; and
(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;
(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:
(i) Nos. 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12
(Sec. 25.0172, Government Code) . . . taxed in the same manner as
the fee is taxed in district court; and
(ii) No. 2 (Sec. 25.0172, Government Code)
. . . $3;
(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; and
(C) 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) a stenographer’s fee as costs in each civil,
criminal, and probate case in which a record is made by the official
court reporter in a statutory county court in Nolan County (Sec.
25.1792, Government Code) . . . $25;
(10) 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; and
(11) 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.
(b) Section 101.0814, Government Code, is amended to
conform to the amendments made to Section 101.081, Government Code,
by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
Session, 2007, and to conform to the amendments made to Section
101.083, Government Code, by Chapter 1301 (S.B. 600), Acts of the
80th Legislature, Regular Session, 2007, and is further amended to
read as follows:
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; [and]
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; and
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk’s certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) additional filing fee 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) . . . $5;
(6) on the filing of a civil suit, an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37];
(7) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(8) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(9) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20; and
(10) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
(c) Section 101.0815, Government Code, is amended to
conform to the amendments made to Section 101.081, Government Code,
by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS:
TEXAS PROBATE CODE. The clerk of a statutory county court shall
collect fees and costs under the Texas Probate Code as follows:
(1) fee for deposit of a will with the county clerk
during testator’s lifetime (Sec. 71, Texas Probate Code) . . . $5
[$3];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding; [and]
(3) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding; and
(4) costs for attorney ad litem appointed to pursue
the restoration of a ward’s capacity or modification of the ward’s
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
(d) Section 101.081, Government Code, as amended by
Chapters 275 (H.B. 290), 399 (S.B. 819), 1301 (S.B. 600), and 1342
(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
is repealed. Section 101.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect.
(e) Sections 101.0818 and 101.083, Government Code, are
repealed.
SECTION 11.107. (a) Section 101.1011, Government Code, is
amended to conform to the amendments made to Section 101.101,
Government Code, by Chapters 718 (H.B. 2359) and 1342 (S.B. 1951),
Acts of the 80th Legislature, Regular Session, 2007, and to conform
to Chapter 26 (S.B. 325), Acts of the 80th Legislature, Regular
Session, 2007, 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) . . . not more than $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;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(H) [(G)] 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[, if authorized
by the county commissioners court] (Sec. 51.704, Government Code)
. . . $40; [and]
(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; and
(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;
(3) jury fee for civil case (Sec. 51.604, Government
Code) . . . $22;
(4) the expense of preserving the record as a court
cost, if imposed on a party by the referring court or associate
judge (Sec. 54.612, Government Code) . . . actual cost; and
(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.
(b) Section 101.1013, Government Code, is amended to
conform to the amendments made to Section 101.101, Government Code,
by Chapter 399 (S.B. 819), Acts of the 80th Legislature, Regular
Session, 2007, and is further amended to read as follows:
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS:
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall
collect fees and costs under the Local Government Code as follows:
(1) additional filing fee 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). . . $5;
(2) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):

(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code). . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; [and]
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; and
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk’s certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and
(5) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35.
(c) Section 101.1014, Government Code, is amended to
conform to the amendments made to Section 101.101, Government Code,
by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS:
TEXAS PROBATE CODE. The clerk of a statutory probate court shall
collect fees and costs under the Texas Probate Code as follows:
(1) fee for deposit of a will with the county clerk
during testator’s lifetime (Sec. 71, Texas Probate Code) . . . $5
[$3];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding; [and]
(3) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding; and
(4) costs for attorney ad litem appointed to pursue
the restoration of a ward’s capacity or modification of the ward’s
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
(d) Section 101.101, Government Code, as amended by
Chapters 275 (H.B. 290), 399 (S.B. 819), 718 (H.B. 2359), and 1342
(S.B. 1951), Acts of the 80th Legislature, Regular Session, 2007,
is repealed. Section 101.101, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect.
(e) Section 101.1016, Government Code, is repealed.
SECTION 11.108. Section 101.1212, Government Code, is
amended to conform to Chapter 26 (S.B. 325), Acts of the 80th
Legislature, Regular Session, 2007, 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) . . . not more than $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;
(F) Ninth Court of Appeals District (Sec.
22.2101, Government Code) . . . $5;
(G) Eleventh Court of Appeals District (Sec.
22.2121, Government Code) . . . $5; and
(H) [(G)] Thirteenth Court of Appeals District
(Sec. 22.2141, Government Code) . . . not more than $5;
(2) a jury fee (Sec. 51.604, Government Code) . . .
$22; and
(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.
SECTION 11.109. (a) Section 101.1214, Government Code, is
amended to conform to the amendments made to Section 101.121,
Government Code, by Chapter 399 (S.B. 819), Acts of the 80th
Legislature, Regular Session, 2007, and to conform to the
amendments made to Section 101.123, Government Code, by Chapter
1301 (S.B. 600), Acts of the 80th Legislature, Regular Session,
2007, and is further amended to read as follows:
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL
GOVERNMENT CODE. The clerk of a county court shall collect the
following fees and costs under the Local Government Code:
(1) additional filing fee to fund contingency fund for
liability insurance, if authorized by the county commissioners
court (Sec. 82.003, Local Government Code) . . . not to exceed $5;
(2) civil court actions (Sec. 118.052, Local
Government Code):
(A) filing of original action (Secs. 118.052 and
118.053, Local Government Code):
(i) garnishment after judgment (Sec.
118.052, Local Government Code) . . . $15; and
(ii) all others (Sec. 118.052, Local
Government Code) . . . $40;
(B) filing of action other than original (Secs.
118.052 and 118.054, Local Government Code) . . . $30; and
(C) services rendered after judgment in original
action (Secs. 118.052 and 118.0545, Local Government Code):
(i) abstract of judgment (Sec. 118.052,
Local Government Code) . . . $5; and
(ii) execution, order of sale, writ, or
other process (Sec. 118.052, Local Government Code) . . . $5;
(3) probate court actions (Sec. 118.052, Local
Government Code):
(A) probate original action (Secs. 118.052 and
118.055, Local Government Code):
(i) probate of a will with independent
executor, administration with will attached, administration of an
estate, guardianship or receivership of an estate, or muniment of
title (Sec. 118.052, Local Government Code) . . . $40;
(ii) community survivors (Sec. 118.052,
Local Government Code) . . . $40;
(iii) small estates (Sec. 118.052, Local
Government Code) . . . $40;
(iv) declarations of heirship (Sec.
118.052, Local Government Code) . . . $40;
(v) mental health or chemical dependency
services (Sec. 118.052, Local Government Code) . . . $40; and
(vi) additional, special fee (Secs. 118.052
and 118.064, Local Government Code) . . . $5;
(B) services in pending probate action (Secs.
118.052 and 118.056, Local Government Code):
(i) filing an inventory and appraisement
(Secs. [after the 120th day after the date of the initial filing of
the action (Sec.] 118.052 and 118.056(d), Local Government Code)
. . . $25;
(ii) approving and recording bond (Sec.
118.052, Local Government Code) . . . $3;
(iii) administering oath (Sec. 118.052,
Local Government Code) . . . $2;
(iv) filing annual or final account of
estate (Sec. 118.052, Local Government Code) . . . $25;
(v) filing application for sale of real or
personal property (Sec. 118.052, Local Government Code) . . . $25;
(vi) filing annual or final report of
guardian of a person (Sec. 118.052, Local Government Code) . . .
$10; and
(vii) filing a document not listed under
this paragraph after the filing of an order approving the inventory
and appraisement or after the 120th day after the date of the
initial filing of the action, whichever occurs first (Secs. 118.052
and 191.007, Local Government Code), if more than 25 pages . . .
$25;
(C) adverse probate action (Secs. 118.052 and
118.057, Local Government Code) . . . $40; [and]
(D) claim against estate (Secs. 118.052 and
118.058, Local Government Code) . . . $2; and
(E) supplemental court-initiated guardianship
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;
(4) other fees (Sec. 118.052, Local Government Code):
(A) issuing document (Secs. 118.052 and 118.059,
Local Government Code):
(i) original document and one copy (Sec.
118.052, Local Government Code) . . . $4; and
(ii) each additional set of an original and
one copy (Sec. 118.052, Local Government Code) . . . $4;
(B) certified papers (Secs. 118.052 and 118.060,
Local Government Code):
(i) for the clerk’s certificate (Sec.
118.052, Local Government Code) . . . $5; and
(ii) a fee per page or part of a page (Sec.
118.052, Local Government Code) . . . $1;
(C) noncertified papers, for each page or part of
a page (Secs. 118.052 and 118.0605, Local Government Code) . . .
$1;
(D) letters testamentary, letter of
guardianship, letter of administration, or abstract of judgment
(Secs. 118.052 and 118.061, Local Government Code) . . . $2;
(E) safekeeping of wills (Secs. 118.052 and
118.062, Local Government Code) . . . $5;
(F) mail service of process (Secs. 118.052 and
118.063, Local Government Code) . . . same as sheriff; and
(G) records management and preservation fee
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code)
. . . $5;
(5) deposit on filing petition requesting permission
to create a municipal civic center authority (Sec. 281.013, Local
Government Code) . . . $200;
(6) additional filing fee to fund the courthouse
security fund, if authorized by the county commissioners court
(Sec. 291.008, Local Government Code) . . . not to exceed $5;
(7) additional filing fee for filing documents not
subject to certain filing fees to fund the courthouse security
fund, if authorized by the county commissioners court (Sec.
291.008, Local Government Code) . . . $1;
(8) additional filing fee to fund the courthouse
security fund in Webb County, if authorized by the county
commissioners court (Sec. 291.009, Local Government Code) . . . not
to exceed $20;
(9) court cost in civil cases other than suits for
delinquent taxes to fund the county law library fund, if authorized
by the county commissioners court (Sec. 323.023, Local Government
Code) . . . not to exceed $35;
(10) additional filing fee 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) . . . $5; and
(11) on the filing of a civil suit an additional filing
fee to be used for court-related purposes for the support of the
judiciary (Sec. 133.154, Local Government Code) . . . $42 [$37].
(b) Section 101.1215, Government Code, is amended to
conform to the amendments made to Section 101.121, Government Code,
by Chapter 275 (H.B. 290), Acts of the 80th Legislature, Regular
Session, 2007, and to conform to Chapter 614 (H.B. 417), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
Sec. 101.1215. COUNTY COURT FEES AND COSTS: TEXAS PROBATE
CODE. The clerk of a county court shall collect the following fees
and costs under the Texas Probate Code:
(1) fee for deposit of a will with the county clerk
during testator’s lifetime (Sec. 71, Texas Probate Code) . . . $5
[$3];
(2) security deposit on filing, by any person other
than the personal representative of an estate, an application,
complaint, or opposition in relation to the estate, if required by
the clerk (Sec. 12, Texas Probate Code) . . . probable cost of the
proceeding; [and]
(3) security deposit on filing, by any person other
than the guardian, attorney ad litem, or guardian ad litem, an
application, complaint, or opposition in relation to a guardianship
matter, if required by the clerk (Sec. 622, Texas Probate Code)
. . . probable cost of the guardianship proceeding; and
(4) costs for attorney ad litem appointed to pursue
the restoration of a ward’s capacity or modification of the ward’s
guardianship (Secs. 694C and 694L, Texas Probate Code) . . .
reasonable compensation.
(c) Section 101.121, Government Code, as amended by
Chapters 275 (H.B. 290) and 399 (S.B. 819), Acts of the 80th
Legislature, Regular Session, 2007, is repealed. Section 101.121,
Government Code, as amended by Chapter 921 (H.B. 3167), Acts of the
80th Legislature, Regular Session, 2007, to reorganize and renumber
that section, continues in effect.
(d) Sections 101.1217 and 101.123, Government Code, are
repealed.
SECTION 11.110. (a) Section 101.141(b), Government Code,
as amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 101.141(a), Government Code, by Chapters 1046 (H.B.
2094) and 1342 (S.B. 1951), Acts of the 80th Legislature, Regular
Session, 2007, 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; [and]
(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)
. . . $2; and
(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;
(3) for filing a suit in Comal County (Sec. 152.0522,
Human Resources Code) . . . $1.50; and
(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 [685.008, Transportation] Code) . . .
$20.

(b) Section 101.151(a), Government Code, is amended to
conform to the amendments made to Section 101.141(b), Government
Code, by Chapter 552 (S.B. 1412), Acts of the 80th Legislature,
Regular Session, 2007, to read as follows:
(a) A justice of the peace shall collect the following fees
under the Local Government Code:
(1) services rendered before judgment (Secs. 118.121
and 118.122, Local Government Code):
(A) justice court (Sec. 118.121, Local
Government Code) . . . $25 [$15]; and
(B) small claims court (Sec. 118.121, Local
Government Code) . . . $25 [$10]; and
(2) services rendered after judgment (Secs. 118.121
and 118.123, Local Government Code):
(A) transcript (Sec. 118.121, Local Government
Code) . . . $10;
(B) abstract of judgment (Sec. 118.121, Local
Government Code) . . . $5;
(C) execution, order of sale, writ of
restitution, or other writ or process (Sec. 118.121, Local
Government Code) . . . $5 per page;
(D) certified copy of court papers (Secs. 118.121
and 118.1235, Local Government Code) . . . $2 for first page; $0.25
for each additional page; and
(E) issuing other document (no return required)
(Sec. 118.121, Local Government Code) . . . $1 for first page;
$0.25 for each additional page.
(c) Section 101.141, Government Code, as amended by
Chapters 552 (S.B. 1412), 1046 (H.B. 2094), and 1342 (S.B. 1951),
Acts of the 80th Legislature, Regular Session, 2007, is repealed.
Section 101.141, Government Code, as amended by Chapter 921 (H.B.
3167), Acts of the 80th Legislature, Regular Session, 2007, to
reorganize and renumber that section, continues in effect as
amended by this section.
SECTION 11.111. (a) Section 102.021, Government Code, is
amended to conform to Chapter 1263 (H.B. 3060), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 102.021. COURT COSTS ON CONVICTION: CODE OF CRIMINAL
PROCEDURE. A person convicted of an offense shall pay the following
under the Code of Criminal Procedure, in addition to all other
costs:
(1) court cost on conviction of any offense, other
than a conviction of an offense relating to a pedestrian or the
parking of a motor vehicle (Art. 102.0045, Code of Criminal
Procedure) . . . $4;
(2) a fee for services of prosecutor (Art. 102.008,
Code of Criminal Procedure) . . . $25;
(3) fees for services of peace officer:
(A) issuing a written notice to appear in court
for certain violations (Art. 102.011, Code of Criminal Procedure)
. . . $5;
(B) executing or processing an issued arrest
warrant, [or] capias, or capias pro fine (Art. 102.011, Code of
Criminal Procedure) . . . $50;
(C) summoning a witness (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(D) serving a writ not otherwise listed (Art.
102.011, Code of Criminal Procedure) . . . $35;
(E) taking and approving a bond and, if
necessary, returning the bond to courthouse (Art. 102.011, Code of
Criminal Procedure) . . . $10;
(F) commitment or release (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(G) summoning a jury (Art. 102.011, Code of
Criminal Procedure) . . . $5;
(H) attendance of a prisoner in habeas corpus
case if prisoner has been remanded to custody or held to bail (Art.
102.011, Code of Criminal Procedure) . . . $8 each day;
(I) mileage for certain services performed (Art.
102.011, Code of Criminal Procedure) . . . $0.29 per mile; and
(J) services of a sheriff or constable who serves
process and attends examining trial in certain cases (Art. 102.011,
Code of Criminal Procedure) . . . not to exceed $5;
(4) services of a peace officer in conveying a witness
outside the county (Art. 102.011, Code of Criminal Procedure) . . .
$10 per day or part of a day, plus actual necessary travel expenses;
(5) overtime of peace officer for time spent
testifying in the trial or traveling to or from testifying in the
trial (Art. 102.011, Code of Criminal Procedure) . . . actual cost;
(6) court costs on an offense relating to rules of the
road, when offense occurs within a school crossing zone (Art.
102.014, Code of Criminal Procedure) . . . $25;
(7) court costs on an offense of passing a school bus
(Art. 102.014, Code of Criminal Procedure) . . . $25;
(8) court costs on an offense of truancy or
contributing to truancy (Art. 102.014, Code of Criminal Procedure)
. . . $20;
(9) cost for visual recording of intoxication arrest
before conviction (Art. 102.018, Code of Criminal Procedure) . . .
$15;
(10) cost of certain evaluations (Art. 102.018, Code
of Criminal Procedure) . . . actual cost;
(11) additional costs attendant to certain
intoxication convictions under Chapter 49, Penal Code, for
emergency medical services, trauma facilities, and trauma care
systems (Art. 102.0185, Code of Criminal Procedure) . . . $100;
(12) additional costs attendant to certain child
sexual assault and related convictions, for child abuse prevention
programs (Art. 102.0186, Code of Criminal Procedure) . . . $100;
(13) cost for DNA testing for certain felonies (Art.
102.020, Code of Criminal Procedure) . . . $250;
(14) court cost on an offense of public lewdness or
indecent exposure (Art. 102.020, Code of Criminal Procedure) . . .
$50;
(15) if required by the court, a restitution fee for
costs incurred in collecting restitution installments and for the
compensation to victims of crime fund (Art. 42.037, Code of
Criminal Procedure) . . . $12; [and]
(16) if directed by the justice of the peace or
municipal court judge hearing the case, court costs on conviction
in a criminal action (Art. 45.041, Code of Criminal Procedure)
. . . part or all of the costs as directed by the judge; and
(17) costs attendant to convictions under Chapter 49,
Penal Code, and under Chapter 481, Health and Safety Code, to help
fund drug court programs established under Chapter 469, Health and
Safety Code (Art. 102.0178, Code of Criminal Procedure) . . . $50.
(b) Section 102.0215, Government Code, is repealed.
SECTION 11.112. (a) Section 102.0212, Government Code, is
amended to conform to the amendments made to Section 102.022,
Government Code, by Chapter 1301 (S.B. 600), Acts of the 80th
Legislature, Regular Session, 2007, and is further amended to read
as follows:
Sec. 102.0212. COURT COSTS ON CONVICTION: LOCAL GOVERNMENT
CODE. A person convicted of an offense shall pay the following
under the Local Government Code, in addition to all other costs:
(1) court costs on conviction of a felony (Sec.
133.102, Local Government Code) . . . $133;
(2) court costs on conviction of a Class A or Class B
misdemeanor (Sec. 133.102, Local Government Code) . . . $83;
(3) court costs on conviction of a nonjailable
misdemeanor offense, including a criminal violation of a municipal
ordinance, other than a conviction of an offense relating to a
pedestrian or the parking of a motor vehicle (Sec. 133.102, Local
Government Code) . . . $40;
(4) a time payment fee if convicted of a felony or
misdemeanor for paying any part of a fine, court costs, or
restitution on or after the 31st day after the date on which a
judgment is entered assessing the fine, court costs, or restitution
(Sec. 133.103, Local Government Code) . . . $25; [and]
(5) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.105, Local Government Code) . . . $6; and
(6) a cost on conviction of any offense, other than an
offense relating to a pedestrian or the parking of a motor vehicle
(Sec. 133.107, Local Government Code) . . . $2 [$4].
(b) Sections 102.022 and 102.023, Government Code, are
repealed.
SECTION 11.113. (a) Section 102.041, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
by Chapter 1053 (H.B. 2151), Acts of the 80th Legislature, Regular
Session, 2007, to Section 102.041, Government Code, to read as
follows:
Sec. 102.041. ADDITIONAL COURT COSTS ON CONVICTION IN
DISTRICT COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
district court shall collect fees and costs under the Code of
Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a felony offense (Art. 102.017,
Code of Criminal Procedure) . . . $5;
(5) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3; and
(6) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5].
(b) Section 102.041, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.041, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 11.114. (a) Section 102.061, Government Code, as
reenacted and amended by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, is amended to conform to the
amendments made to Section 102.061, Government Code, by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, to read as follows:
Sec. 102.061. ADDITIONAL COURT COSTS ON CONVICTION IN
STATUTORY COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a
statutory county court shall collect fees and costs under the Code
of Criminal Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for services of the clerk of the court (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.061, Government Code, as amended by Chapter
1053, Acts of the 80th Legislature, Regular Session, 2007, is
repealed. Section 102.061, Government Code, as reenacted and
amended by Chapter 921, Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 11.115. (a) Section 102.081, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 102.081, Government Code, by Chapter 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 102.081. ADDITIONAL COURT COSTS ON CONVICTION IN
COUNTY COURT: CODE OF CRIMINAL PROCEDURE. The clerk of a county
court shall collect fees and costs under the Code of Criminal
Procedure on conviction of a defendant as follows:
(1) a jury fee (Art. 102.004, Code of Criminal
Procedure) . . . $20;
(2) a fee for clerk of the court services (Art.
102.005, Code of Criminal Procedure) . . . $40;
(3) a records management and preservation services fee
(Art. 102.005, Code of Criminal Procedure) . . . $25;
(4) a security fee on a misdemeanor offense (Art.
102.017, Code of Criminal Procedure) . . . $3;
(5) a juvenile delinquency prevention and graffiti
eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .
$50 [$5]; and
(6) a juvenile case manager fee (Art. 102.0174, Code
of Criminal Procedure) . . . not to exceed $5.
(b) Section 102.081, Government Code, as amended by Chapter
1053 (H.B. 2151), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 102.081, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 11.116. (a) Section 103.021, Government Code, as
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, is amended to conform to the amendments made
to Section 103.021, Government Code, by Chapter 1226 (H.B. 2385),
Acts of the 80th Legislature, Regular Session, 2007, and to conform
to Chapters 805 (S.B. 1083) and 910 (H.B. 2949), Acts of the 80th
Legislature, Regular Session, 2007, 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;
(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. 42.12, 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. 42.12, Code of Criminal
Procedure) . . . not to exceed $50;
(7) children’s advocacy center fee (Art. 42.12, Code
of Criminal Procedure) . . . not to exceed $50;
(8) family violence shelter center fee (Art. 42.12,
Code of Criminal Procedure) . . . not to exceed $100;
(9) community supervision fee (Art. 42.12, Code of
Criminal Procedure) . . . not less than $25 or more than $60 per
month;
(10) additional community supervision fee for certain
offenses (Art. 42.12, 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. 42.12, 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 sum of fee established by Section 521.048, Transportation Code,
and the TexasOnline fee [$10];
(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. 45.055, Code of Criminal
Procedure) . . . $30 per application;
(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)
[102.012], Code of Criminal Procedure) . . . [not to exceed] $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; and

(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.
(b) Section 103.021, Government Code, as amended by Chapter
1226 (H.B. 2385), Acts of the 80th Legislature, Regular Session,
2007, is repealed. Section 103.021, Government Code, as amended by
Chapter 921 (H.B. 3167), Acts of the 80th Legislature, Regular
Session, 2007, to reorganize and renumber that section, continues
in effect as further amended by this section.
SECTION 11.117. Section 103.0212, Government Code, is
amended to conform to Chapters 910 (H.B. 2949) and 1053 (H.B. 2151),
Acts of the 80th Legislature, Regular Session, 2007, and is further
amended to read as follows:
Sec. 103.0212. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: FAMILY CODE. An accused or defendant, or a party to a
civil suit, as applicable, shall pay the following fees and costs
under the Family Code if ordered by the court or otherwise required:
(1) in family matters:
(A) issuing writ of withholding (Sec. 8.262,
Family Code) . . . $15;
(B) filing copy of writ of withholding to
subsequent employer (Sec. 8.267, Family Code) . . . $15;
(C) issuing and delivering modified writ of
withholding or notice of termination (Sec. 8.302, Family Code)
. . . $15;
(D) issuing and delivering notice of termination
of withholding (Sec. 8.303, Family Code) . . . $15;
(E) issuance of change of name certificate (Sec.
45.106, Family Code) . . . $10;
(F) protective order fee (Sec. 81.003, Family
Code) . . . $16;
(G) filing suit requesting adoption of child
(Sec. 108.006, Family Code) . . . $15;
(H) filing fees for suits affecting parent-child
relationship (Sec. 110.002, Family Code):
(i) suit or motion for modification (Sec.
110.002, Family Code) . . . $15;
(ii) motion for enforcement (Sec. 110.002,
Family Code) . . . $15;
(iii) notice of application for judicial
writ of withholding (Sec. 110.002, Family Code) . . . $15;
(iv) motion to transfer (Sec. 110.002,
Family Code) . . . $15;
(v) petition for license suspension (Sec.
110.002, Family Code) . . . $15;
(vi) motion to revoke a stay of license
suspension (Sec. 110.002, Family Code) . . . $15; and
(vii) motion for contempt (Sec. 110.002,
Family Code) . . . $15;
(I) order or writ of income withholding to be
delivered to employer (Sec. 110.004, Family Code) . . . not to
exceed $15;
(J) filing fee for transferred case (Sec.
110.005, Family Code) . . . $45;
(K) filing a writ of withholding (Sec. 158.319,
Family Code) . . . $15;
(L) filing a request for modified writ of
withholding or notice of termination (Sec. 158.403, Family Code)
. . . not to exceed $15;
(M) filing an administrative writ to employer
(Sec. 158.503, Family Code) . . . not to exceed $15; and
(N) genetic testing fees in relation to a child
born to a gestational mother (Sec. 160.762, Family Code) . . . as
assessed by the court; and
(2) in juvenile court:
(A) fee schedule for deferred prosecution
services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month;
(B) a request fee for a teen court program
[administration fee] (Sec. 54.032, Family Code) . . . $20, if the
court ordering the fee is located in the Texas-Louisiana border
region, but otherwise not to exceed $10;
(C) court costs for juvenile probation diversion
fund (Sec. 54.0411, Family Code) . . . $20;
(D) a juvenile delinquency prevention fee (Sec.
54.0461, Family Code) . . . $50 [$5]; [and]
(E) a court fee for child’s probationary period
(Sec. 54.061, Family Code) . . . not to exceed $15 a month; and
(F) a fee to cover costs of required duties of
teen court (Sec. 54.032, Family Code) . . . $20, if the court
ordering the fee is located in the Texas-Louisiana border region,
but otherwise not to exceed $10.
SECTION 11.118. Section 103.0213, Government Code, is
amended to conform to Chapter 1027 (H.B. 1623), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a
party to a civil suit, as applicable, shall pay the following fees
and costs under the Transportation Code if ordered by the court or
otherwise required:
(1) administrative fee on dismissal of charge of
driving with an expired motor vehicle registration (Sec. 502.407,
Transportation Code) . . . not to exceed $20 [$10];
(2) administrative fee on dismissal of charge of
driving with an expired driver’s license (Sec. 521.026,
Transportation Code) . . . not to exceed $20 [$10];
(3) administrative fee on remediation of charge of
driving with an expired inspection certificate (Sec. 548.605,
Transportation Code) . . . not to exceed $20 [$10];
(4) administrative fee for failure to appear for a
complaint or citation on certain offenses (Sec. 706.006,
Transportation Code) . . . $30 for each violation; and
(5) administrative fee for failure to pay or satisfy
certain judgments (Sec. 706.006, Transportation Code) . . . $30.
SECTION 11.119. (a) Section 103.027, Government Code, is
amended to conform to the amendments made to Section 103.022,
Government Code, by Chapter 36 (S.B. 844), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 103.027. MISCELLANEOUS FEES AND COSTS: GOVERNMENT
CODE. 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 [felony]
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 for civil legal services to the
indigent (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) compensation to a referee in juvenile court in
Wichita County taxed as costs if the judge determines the parties
are able to pay the costs (Sec. 54.403, Government Code) . . . as
determined by the judge; and
(6) the expense of preserving the record as a court
cost in Brazos County if imposed on a party by the referring court
or magistrate (Sec. 54.1111, Government Code) . . . actual cost.
(b) Section 103.022, Government Code, as amended by Chapter
36 (S.B. 844), Acts of the 80th Legislature, Regular Session, 2007,
is repealed. Section 103.022, Government Code, as reenacted and
amended by Chapter 921 (H.B. 3167), Acts of the 80th Legislature,
Regular Session, 2007, to reorganize and renumber that section,
continues in effect.
SECTION 11.120. Section 103.029, Government Code, is
amended to conform to the amendments made by Chapter 625 (H.B. 530),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 103.029. MISCELLANEOUS FEES AND COSTS: HEALTH AND
SAFETY CODE. Fees and costs shall be paid or collected under the
Health and Safety Code as follows:
(1) a program fee for a drug court program established
under Section 469.002, Health and Safety Code (Sec. 469.004, Health
and Safety Code) . . . not to exceed $1,000; and
(2) an alcohol or controlled substance [a urinalysis]
testing, [and] counseling, and treatment fee (Sec. 469.004, Health
and Safety Code) . . . the amount necessary to cover the costs of
testing, [and] counseling, and treatment.
ARTICLE 12. CHANGES RELATING TO HEALTH AND SAFETY CODE
SECTION 12.001. Section 12.0112(b), Health and Safety Code,
as amended by Chapters 42 (H.B. 1064) and 1061 (H.B. 2285), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted to read
as follows:
(b) This section does not apply to:
(1) a license issued for a youth camp under Chapter
141;
(2) a food manager certificate issued under Subchapter
G, Chapter 438; or
(3) a license or registration under Chapter 401.
SECTION 12.002. Section 102.003, Health and Safety Code, as
amended by Section 4, Chapter 266 (H.B. 14), and Section 3.02,
Chapter 928 (H.B. 3249), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted to read as follows:
Sec. 102.003. SUNSET PROVISION. The Cancer Prevention and
Research Institute of Texas is subject to Chapter 325, Government
Code (Texas Sunset Act). Unless continued in existence as provided
by that chapter, the institute is abolished and this chapter
expires September 1, 2021.
SECTION 12.003. Section 182.101, Health and Safety Code, is
amended to add a heading to read as follows:
Sec. 182.101. GENERAL POWERS AND DUTIES. The corporation
may:
(1) establish statewide health information exchange
capabilities, including capabilities for electronic laboratory
results, diagnostic studies, and medication history delivery, and,
where applicable, promote definitions and standards for electronic
interactions statewide;
(2) seek funding to:
(A) implement, promote, and facilitate the
voluntary exchange of secure electronic health information between
and among individuals and entities that are providing or paying for
health care services or procedures; and
(B) create incentives to implement, promote, and
facilitate the voluntary exchange of secure electronic health
information between and among individuals and entities that are
providing or paying for health care services or procedures;
(3) establish statewide health information exchange
capabilities for streamlining health care administrative functions
including:
(A) communicating point of care services,
including laboratory results, diagnostic imaging, and prescription
histories;
(B) communicating patient identification and
emergency room required information in conformity with state and
federal privacy laws;
(C) real-time communication of enrollee status
in relation to health plan coverage, including enrollee
cost-sharing responsibilities; and
(D) current census and status of health plan
contracted providers;
(4) support regional health information exchange
initiatives by:
(A) identifying data and messaging standards for
health information exchange;
(B) administering programs providing financial
incentives, including grants and loans for the creation and support
of regional health information networks, subject to available
funds;
(C) providing technical expertise where
appropriate;
(D) sharing intellectual property developed
under Section 182.105;
(E) waiving the corporation’s fees associated
with intellectual property, data, expertise, and other services or
materials provided to regional health information exchanges
operated on a nonprofit basis; and
(F) applying operational and technical standards
developed by the corporation to existing health information
exchanges only on a voluntary basis, except for standards related
to ensuring effective privacy and security of individually
identifiable health information;
(5) identify standards for streamlining health care
administrative functions across payors and providers, including
electronic patient registration, communication of enrollment in
health plans, and information at the point of care regarding
services covered by health plans; and
(6) support the secure, electronic exchange of health
information through other strategies identified by the board.
SECTION 12.004. Section 343.002(1), Health and Safety Code,
is amended to conform cross-references to read as follows:
(1) “Abate” means to eliminate or remedy:
(A) by removal, repair, rehabilitation, or
demolition;
(B) in the case of a nuisance under Section
343.011(c)(1), (9) [(8)], or (10) [(9)], by prohibition or control
of access; and
(C) in the case of a nuisance under Section
343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
transportation, disposal, or other means of waste management
authorized by Chapter 361.
SECTION 12.005. Section 343.011(c), Health and Safety Code,
as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(c) A public nuisance is:
(1) keeping, storing, or accumulating refuse on
premises in a neighborhood unless the refuse is entirely contained
in a closed receptacle;
(2) keeping, storing, or accumulating rubbish,
including newspapers, abandoned vehicles, refrigerators, stoves,
furniture, tires, and cans, on premises in a neighborhood or within
300 feet of a public street for 10 days or more, unless the rubbish
or object is completely enclosed in a building or is not visible
from a public street;
(3) maintaining premises in a manner that creates an
unsanitary condition likely to attract or harbor mosquitoes,
rodents, vermin, or disease-carrying pests;
(4) allowing weeds to grow on premises in a
neighborhood if the weeds are located within 300 feet of another
residence or commercial establishment;
(5) maintaining a building in a manner that is
structurally unsafe or constitutes a hazard to safety, health, or
public welfare because of inadequate maintenance, unsanitary
conditions, dilapidation, obsolescence, disaster, damage, or
abandonment or because it constitutes a fire hazard;
(6) maintaining on abandoned and unoccupied property
in a neighborhood a swimming pool that is not protected with:
(A) a fence that is at least four feet high and
that has a latched and locked gate; and
(B) a cover over the entire swimming pool that
cannot be removed by a child;
(7) maintaining on any property in a neighborhood in a
county with a population of more than 1.1 million a swimming pool
that is not protected with:
(A) a fence that is at least four feet high and
that has a latched gate that cannot be opened by a child; or
(B) a cover over the entire swimming pool that
cannot be removed by a child;
(8) maintaining a flea market in a manner that
constitutes a fire hazard;
(9) discarding refuse or creating a hazardous visual
obstruction on:
(A) county-owned land; or
(B) land or easements owned or held by a special
district that has the commissioners court of the county as its
governing body;
(10) discarding refuse on the smaller of:
(A) the area that spans 20 feet on each side of a
utility line; or
(B) the actual span of the utility easement;
(11) filling or blocking a drainage easement, failing
to maintain a drainage easement, maintaining a drainage easement in
a manner that allows the easement to be clogged with debris,
sediment, or vegetation, or violating an agreement with the county
to improve or maintain a drainage easement; or
(12) [(11)] discarding refuse on property that is not
authorized for that activity.
SECTION 12.006. Section 343.021, Health and Safety Code, as
amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
Sec. 343.021. AUTHORITY TO ABATE NUISANCE. If a county
adopts abatement procedures that are consistent with the general
purpose of this chapter and that conform to this chapter, the county
may abate a nuisance under this chapter:
(1) by demolition or removal;
(2) in the case of a nuisance under Section
343.011(c)(1), (9), or (10), by prohibiting or controlling access
to the premises;
(3) in the case of a nuisance under Section
343.011(c)(6), by:
(A) prohibiting or controlling access to the
premises and installing a cover that cannot be opened by a child
over the entire swimming pool; or
(B) draining and filling the swimming pool; or
(4) in the case of a nuisance under Section
343.011(c)(12) [343.011(c)(11)], by removal, remediation, storage,
transportation, disposal, or other means of waste management
authorized under Chapter 361.
SECTION 12.007. Section 343.022(a), Health and Safety Code,
as amended by Chapters 388 (S.B. 680) and 1366 (H.B. 3581), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(a) The abatement procedures adopted by the commissioners
court must be administered by a regularly salaried, full-time
county employee. A person authorized by the person administering
the abatement program may administer:
(1) the prohibition or control of access to the
premises to prevent a violation of Section 343.011(c)(1), (6), (9),
or (10);

(2) the removal or demolition of the nuisance; and
(3) the abatement of a nuisance described by Section
343.011(c)(12) [343.011(c)(11)].
SECTION 12.008. Section 361.035(c), Health and Safety Code,
is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
of the 75th Legislature, Regular Session, 1997, to read as follows:
(c) A penalty collected under Subchapter C or D, Chapter 7,
Water Code, for the late filing of a report required by this section
shall be deposited to the credit of the hazardous and solid waste
remediation fee account [fund].
SECTION 12.009. Sections 361.133(g) and (h), Health and
Safety Code, are amended to conform to Section 38, Chapter 333 (H.B.
3231), Acts of the 75th Legislature, Regular Session, 1997, to read
as follows:
(g) Notwithstanding Subsection (c), the executive director
may use money in the account [fund], including interest credited
under Subsection (b)(4), for expenses concerning a cleanup or
removal of a spill, release, or potential threat of release of a
hazardous substance if the site is eligible for listing under
Subchapter F, proposed for listing under Subchapter F, or listed
under the state registry before September 1, 1989, and:
(1) immediate action is appropriate to protect human
health or the environment and there is a substantial likelihood
that the cleanup or removal will prevent the site from needing to be
listed under Subchapter F; or
(2) a cleanup or removal:
(A) can be completed without extensive
investigation and planning; and
(B) will achieve a significant cost reduction for
the site.
(h) If the commission collects a fee that is deposited in a
dedicated fund established for the purpose of cleaning up a
facility, tank, or site described by this subsection, the
commission may not use money in the hazardous and solid waste
remediation fee account [fund] to clean up a:
(1) waste tire recycling facility;
(2) municipal solid waste facility;
(3) petroleum storage tank; or
(4) used oil collection and recycling site that
received used oil after August 31, 1995.
SECTION 12.010. Section 361.753(b), Health and Safety Code,
is amended to conform to Section 38, Chapter 333 (H.B. 3231), Acts
of the 75th Legislature, Regular Session, 1997, to read as follows:
(b) The commission may charge an application fee in an
amount not to exceed the cost of reviewing the application. The
commission shall deposit a fee collected under this subsection to
the credit of the hazardous and solid waste remediation fee account
[fund].
SECTION 12.011. Section 366.016, Health and Safety Code, is
amended to correct a reference to read as follows:
Sec. 366.016. EMERGENCY ORDERS. The commission or
authorized agent may issue an emergency order concerning an on-site
sewage disposal system under Section 5.513 [5.517], Water Code.
SECTION 12.012. Section 386.109, Health and Safety Code, as
amended by Chapters 262 (S.B. 12) and 1165 (H.B. 160), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 386.109. ELIGIBLE INFRASTRUCTURE PROJECTS. (a) The
commission may consider for funding under Section 386.108:
(1) the purchase and installation at a site of
equipment that is designed primarily to dispense qualifying fuel,
other than standard gasoline or diesel, or the purchase of on-site
mobile fueling equipment;
(2) infrastructure projects, including auxiliary
power units, designed to dispense electricity to:
(A) motor vehicles;
(B) on-road and non-road diesels; and
(C) marine vessels;
(3) a project that involves a technology that allows a
vehicle to replace with electric power, while the vehicle is
parked, the power normally supplied by the vehicle’s internal
combustion engine; and
(4) a project to reduce air pollution and engine
idling by relieving congestion through rail relocation or
improvement at a rail intersection that is located in a
nonattainment or near nonattainment area.
(b) The commission may provide funding to other state
agencies to implement projects under Subsection (a)(3), including
funding for the lease, purchase, or installation of idle reduction
technologies and facilities at rest areas and other public
facilities on major highway transportation routes located in areas
eligible for funding or for marine vessels operating on water
routes eligible for funding. Funding under this subsection may
include reasonable operational costs determined by the commission
to be needed for the initial start-up and proper operation of the
idle reduction technologies. The state agency leasing, owning, or
operating the idle reduction facility constructed with funds
provided under this subsection may, but is not required to, charge
reasonable fees for the provision of idle reduction services
provided that those fees are used to directly offset the cost of
providing the services.
(c) In evaluating a request for funding of an eligible
infrastructure project, the commission shall encourage the use of a
technology that allows a vehicle to replace with electric power,
while the vehicle is parked, the power normally supplied by the
vehicle’s internal combustion engine at the state’s ports and
border crossings in affected areas.
SECTION 12.013. Section 388.003(b-2), Health and Safety
Code, as added by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted to
read as follows:
(b-2) The State Energy Conservation Office by rule shall
establish a procedure for persons who have an interest in the
adoption of energy codes under Subsection (b-1) to have an
opportunity to comment on the codes under consideration. The
office shall consider persons who have an interest in adoption of
those codes to include:
(1) commercial and residential builders, architects,
and engineers;
(2) municipal, county, and other local government
authorities; and
(3) environmental groups.
SECTION 12.014. Section 388.005, Health and Safety Code, as
amended by Chapters 262 (S.B. 12) and 939 (H.B. 3693), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
Sec. 388.005. ENERGY EFFICIENCY PROGRAMS IN INSTITUTIONS OF
HIGHER EDUCATION[, STATE AGENCIES,] AND CERTAIN GOVERNMENTAL
ENTITIES. (a) In this section:
(1) “Institution of higher education” includes an
institution of higher education as defined by Section 61.003,
Education Code, and a private institution of higher education that
receives funding from the state.
(2) “Political subdivision” means:
(A) an affected county; or
(B) any political subdivision in a nonattainment
area or in an affected county other than:
(i) a school district; or
(ii) a district as defined by Section
36.001 or 49.001, Water Code, that had a total annual electricity
expense of less than $200,000 in the previous fiscal year of the
district.
(3) “State agency” means a department, commission,
board, office, council, or other agency in the executive branch of
state government that is created by the constitution or a statute of
this state and has authority not limited to a geographical portion
of the state.
(b) Each political subdivision, institution of higher
education, or state agency shall implement all energy efficiency
measures that meet the standards established for a contract for
energy conservation measures under Section 302.004(b), Local
Government Code, in order to reduce electricity consumption by the
existing facilities of the entity.
(c) Each political subdivision, institution of higher
education, or state agency shall establish a goal to reduce the
electric consumption by the entity by five percent each state
fiscal year for six years, beginning September 1, 2007.
(d) A political subdivision, institution of higher
education, or state agency that does not attain the goals under
Subsection (c) must include in the report required by Subsection
(e) justification that the entity has already implemented all
available measures. An entity that submits a report under this
subsection indicating it has already implemented all available
measures is exempt from the annual reporting requirement of
Subsection (e) if a subsequent report would indicate no change in
status. An entity may be required to provide notice that it is
exempt to the State Energy Conservation Office.
(e) A political subdivision, institution of higher
education, or state agency annually shall report to the State
Energy Conservation Office, on forms provided by that office,
regarding the entity’s efforts and progress under this
section. The State Energy Conservation Office shall provide
assistance and information to the entity to help the entity meet the
goals set under this section.
(f) This section does not apply to a state agency or an
institution of higher education that the State Energy Conservation
Office determines that, before September 1, 2007, adopted a plan
for conserving energy under which the agency or institution
established a percentage goal for reducing the consumption of
electricity. The exemption provided by this section applies only
while the agency or institution has an energy conservation plan in
effect and only if the agency or institution submits reports on the
conservation plan each calendar quarter to the governor, the
Legislative Budget Board, and the State Energy Conservation Office.
SECTION 12.015. Sections 401.301(c) and (d), Health and
Safety Code, as amended by Chapters 1061 (H.B. 2285) and 1332 (S.B.
1604), Acts of the 80th Legislature, Regular Session, 2007, are
reenacted to read as follows:
(c) The commission and department may collect a fee, in
addition to the license and registration fee, of not less than 20
percent of the amount of the license and registration fee nor more
than $10,000 from each licensee or registrant who fails to pay the
fees authorized by this section.
(d) The commission and department may require that each
person who holds a specific license issued by the agency pay to the
agency an additional five percent of the appropriate fee set under
Subsection (b). Fees collected under this subsection shall be
deposited to the credit of the perpetual care account. The fees are
not refundable.
SECTION 12.016. Section 401.301(f), Health and Safety Code,
as added by Chapter 1332 (S.B. 1604), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Section 401.301(g), Health
and Safety Code.
SECTION 12.017. Section 427.001, Health and Safety Code, is
amended to add a heading and to update state agency names and
authority to read as follows:
Sec. 427.001. DEFINITIONS. In this chapter:
(1) [“Board” means the Texas Board of Health.
[(2)] “Commission” means the Texas [Natural Resource
Conservation] Commission on Environmental Quality.
(2) [(3)] “Department” means the [Texas] Department
of State Health Services.
(3) [(4)] “Federal superfund site” means a site
defined by the federal Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. Section 9601 et
seq.), as amended.
(4) [(5)] “Immediately surrounding area” means an
area determined by the commission to have been significantly
exposed to one or more pollutants from the identified site.
(5) [(6)] “Institute” means the Texas Environmental
Health Institute.
SECTION 12.018. Section 427.004, Health and Safety Code, is
amended to update state agency names and authority to read as
follows:
Sec. 427.004. PROGRAMS. The commission and the department
may establish at the institute any programs necessary to carry out
the institute’s established purposes under this chapter. The
commission and the executive commissioner of the Health and Human
Services Commission [board] may contract with public or private
entities to carry out the institute’s purposes.
SECTION 12.019. Section 614.0032(a), Health and Safety
Code, as amended by Section 44, Chapter 1308 (S.B. 909), Acts of the
80th Legislature, Regular Session, 2007, and by Section 2, Chapter
617 (H.B. 431), Acts of the 80th Legislature, Regular Session,
2007, is reenacted to read as follows:
(a) The office shall:
(1) perform duties imposed on the office by Section
508.146, Government Code; and
(2) periodically identify state jail felony
defendants suitable for release under Section 15(i), Article 42.12,
Code of Criminal Procedure, and perform other duties imposed on the
office by that section.
ARTICLE 13. CHANGES RELATING TO HUMAN RESOURCES CODE
SECTION 13.001. Chapter 52, Human Resources Code, is
redesignated as Chapter 52 of Subtitle E, Title 2, Human Resources
Code, as added by Chapter 867 (H.B. 1334), Acts of the 67th
Legislature, Regular Session, 1981, and is amended to add a heading
to read as follows:
CHAPTER 52. INFORMATION RELATING TO SCHOOL AGE PREGNANCY
SECTION 13.002. Subtitle E, Title 2, Human Resources Code,
as added by Chapter 776 (S.B. 623), Acts of the 67th Legislature,
Regular Session, 1981, is repealed to conform to Section 6(b)(4),
Chapter 388 (H.B. 3155), Acts of the 76th Legislature, Regular
Session, 1999.
SECTION 13.003. Section 63.001, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.001. DEFINITIONS. In this chapter:
(1) “Juvenile” means a person from the age of 10 to 18
years who has been found to have engaged in delinquent conduct by a
court of competent jurisdiction.
(2) “Facility” means a residential facility for the
placement of juveniles for periods up to one year in length.
SECTION 13.004. Section 63.002, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.002. AUTHORITY TO OPERATE FACILITY. A county or a
combination of counties may, and they are hereby authorized to,
elect to own, establish, operate, and staff a long-term residential
facility for the detention of juvenile offenders.
SECTION 13.005. Section 63.003, Human Resources Code, is
amended to correct a reference and is further amended to add a
heading to read as follows:
Sec. 63.003. GOVERNMENTAL NATURE OF FACILITY. The facility
is an agency of the state, a governmental unit, and a unit of local
government as defined and specified by Chapters 101 and 102, Civil
Practice and Remedies Code, and a local government as defined by
Section 791.003, Government Code [Section 3, The Interlocal
Cooperation Act (Article 4413(32c), Vernon’s Texas Civil
Statutes)].
SECTION 13.006. Section 63.004, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.004. BOARD OF TRUSTEES: SINGLE COUNTY FACILITY.
The facility shall be governed by a board of trustees. The board of
trustees for a facility created by a single county may be the
commissioners court of the forming county, or the commissioners
court may appoint from the qualified voters of the region to be
served a board of trustees consisting of no less than five nor more
than nine persons. If the board of trustees is appointed from the
qualified voters of the region to be served, the terms of the
members thereof shall be staggered by appointing not less than
one-third nor more than one-half of the members for one year, or
until their successors are appointed, and by appointing the
remaining members for two years, or until their successors are
appointed. Thereafter, all appointments shall be made for a
two-year period, or until their successors are appointed.
Appointments made to fill unexpired terms shall be for the period of
the unexpired term, or until a successor is appointed.
SECTION 13.007. Section 63.005, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.005. BOARD OF TRUSTEES: COMBINATION OF COUNTIES
FACILITY. A facility created by a combination of counties shall be
governed by a board of trustees. Such board of trustees shall
consist of not less than five nor more than nine members selected
from the commissioners court of such counties, or such
commissioners court may jointly appoint a board of trustees from
among the qualified voters of the region to be served in the manner
described above.
SECTION 13.008. Section 63.006, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.006. BOARD MEETINGS. The board of trustees shall
make rules to govern the holding of regular and special meetings.
All meetings of the board of trustees shall be open to the public to
the extent required by and in accordance with the general law of
this state requiring meetings of governmental bodies to be open to
the public. Should the board of trustees discuss any juvenile
either in residence in the facility, being transferred to the
facility, or who has formerly been a resident of the facility, such
discussion shall be conducted in closed session, and such
discussion, or any record thereof, shall not be open to the public.
SECTION 13.009. Section 63.007, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.007. QUORUM. A majority of the membership of the
board of trustees shall constitute a quorum for the transaction of
business.
SECTION 13.010. Section 63.008, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.008. FACILITY ADMINISTRATION. The board of
trustees is responsible for the administration of the facility.
SECTION 13.011. Section 63.009, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.009. BOARD POLICIES. The board of trustees shall
develop policies consistent with the rules, regulations, and
standards of the Texas Juvenile Probation Commission.
SECTION 13.012. Section 63.010, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.010. STANDARDIZED PERSONNEL QUALIFICATIONS. The
board of trustees shall standardize qualifications for personnel
positions in the community center consistent with those established
by the Texas Juvenile Probation Commission.
SECTION 13.013. Section 63.011, Human Resources Code, is
amended to add a heading to read as follows:

Sec. 63.011. ADVISORY COMMITTEES. The board of trustees
may appoint advisory committees to advise the board on matters
relating to the administration of the facility. No such committee
shall consist of less than five members, and the appointment of such
committees shall not relieve the board of trustees of final
responsibility and accountability as provided in this chapter.
SECTION 13.014. Section 63.012, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.012. FACILITY EXECUTIVE DIRECTOR: APPOINTMENT.
The board of trustees shall appoint an executive director for the
facility.
SECTION 13.015. Section 63.013, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.013. FACILITY EXECUTIVE DIRECTOR: DELEGATED
POWERS. The executive director shall have the powers delegated by
and be subject to the policy direction of the board of trustees.
SECTION 13.016. Section 63.014, Human Resources Code, is
amended by amending the heading to read as follows:
Sec. 63.014. FACILITY PERSONNEL. The board of trustees or
the director may employ and train personnel for the administration
of the various programs and services of the facility. The employee
shall be provided the appropriate rights, privileges, and benefits
available to the employees of the governing bodies that establish
the facility. The board of trustees is authorized to provide
workers’ compensation benefits in the manner provided by Chapter
504, Labor Code.
SECTION 13.017. Section 63.015, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.015. COUNTY CONTRIBUTIONS. Each county
participating in the creation of the facility may contribute lands,
buildings, personnel, and funds for the administration of the
various programs and services of the facility.
SECTION 13.018. Section 63.016, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.016. GIFTS, GRANTS, AND DONATIONS. The board of
trustees of the facility may accept gifts, grants, and donations of
money, personal property, and real property for use in the
administration of its programs and services.
SECTION 13.019. Section 63.017, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.017. SINGLE COUNTY FACILITY: ACQUISITION OF REAL
PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the instance
of a facility formed by a single county, the commissioners court of
the creating county may acquire, through gift, purchase,
condemnation, or any other method, real property for the purpose of
locating a facility on such property. Such property may be acquired
outside of the boundaries of the creating county if, in the opinion
of the commissioners court of the forming county, there will exist a
demand for the services to be provided by the facility in the county
in which the facility is to be located in addition to any need which
may already exist within the boundaries of the creating county.
(b) The board of trustees for a facility created by a single
county shall establish rules and regulations for the admission of
juveniles into the facility from other than the forming county.
Such rules may allow that the forming county shall have priority in
the placement of its juveniles into the facility. The board may
establish a rate of charges to be paid by the county of origin of the
juvenile being placed into the facility, and such rates may be
reduced for those juveniles being admitted from the county which
created the facility.
SECTION 13.020. Section 63.018, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.018. COMBINATION OF COUNTIES FACILITY: ACQUISITION
OF REAL PROPERTY; RULES FOR ADMISSION; RATES CHARGED. (a) In the
instance of a facility being created by two or more counties, the
commissioners courts of the forming counties may acquire, by gift,
purchase, condemnation, or other means, real property for the
purpose of locating the facility on such property. The method of
acquisition and the amount of cost sharing between those counties
shall be negotiated among the forming counties and reduced to
contract. Such property to be acquired shall be situated within the
boundaries of any one of the creating counties.
(b) The board of trustees for a facility created by an
organizational component of two or more counties shall establish
rules and regulations for the admission of juveniles who are
residents of other than the creating counties. The board may
establish a rate of charges to be paid by the county of origin of the
juvenile being placed into the facility, and those rates may be
reduced for juveniles being admitted from a county that was part of
the organizational component that created the facility.
SECTION 13.021. Section 63.019, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.019. RULES REGULATING ADMINISTRATION OF SERVICES.
The board of trustees may make rules consistent with those
promulgated by the Texas Juvenile Probation Commission and the
policies, principles, and standards provided in this Act to
regulate the administration of services by the facility to the
juveniles placed into the facility.
SECTION 13.022. Section 63.020, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.020. MINIMUM SERVICES TO BE PROVIDED. The board of
trustees will provide at least the following services to a juvenile
who is placed into the facility:
(1) Education. Upon admission into the facility, the
juvenile will be tested to determine his educational level, and a
program of instruction consistent with the juvenile’s educational
level shall be developed to educate the juvenile. Education shall
be given to each juvenile admitted in the facility consistent with
the standards set forth by the Texas Juvenile Probation Commission.
(2) Counseling. Upon admission into the facility, the
juvenile shall be examined by a trained psychologist or
psychiatrist to determine if the juvenile would benefit from a
program of counseling. At the completion of such examination, the
findings of the psychologist or psychiatrist shall be forwarded to
the director in the form of a recommendation that counseling be
given to the juvenile, along with a program of counseling to be
adhered to by the staff of the facility.
SECTION 13.023. Section 63.021, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.021. LIST OF SERVICES. The board of trustees of the
facility shall devise a list of services that it will offer to each
juvenile who is placed into the facility for the use by the court in
making its determination as to whether the juvenile would benefit
by admission into the facility.
SECTION 13.024. Section 63.022, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.022. FACILITY RESEARCH AND RECRUITMENT AND TRAINING
OF PERSONNEL; CONTRACTS AUTHORIZED. The facility may engage in
research and in recruitment and training of personnel in support of
its programs and services and may make contracts for those
purposes.
SECTION 13.025. Section 63.023, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.023. FEES FOR SERVICES. The board of trustees for
the facility may charge reasonable fees to cover costs for services
provided, except where prohibited by other service contracts or by
law.
SECTION 13.026. Section 63.024, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.024. PAYMENT OF FEES BY COUNTY. In collecting fees
for the treatment rendered juveniles, the director will bill
directly that county in which the juvenile resided prior to his
admission to the facility. The county that receives such a bill
from the director must pay that bill within 45 days of its receipt.
SECTION 13.027. Section 63.025, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.025. ADMISSION OF AND PAYMENT FOR SERVICES PROVIDED
TO JUVENILES RESIDING IN ANOTHER COUNTY. The board of trustees may
provide that juveniles who reside outside the boundaries of a
county that participated in the formation of the facility may be
admitted to the facility. However, the charges to the county of
residence of the juvenile may be billed at a rate higher than that
charged to a county that participated in the formation of the
facility.
SECTION 13.028. Section 63.026, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.026. COURT-ORDERED ADMISSION. A juvenile may be
admitted upon the order of a court of competent jurisdiction that
finds that the juvenile has engaged in delinquent conduct and is in
need of supervision or is experiencing a dysfunctional home
environment and will benefit from placement in the facility.
SECTION 13.029. Section 63.027, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.027. LIMITATION ON PERIOD FOR JUVENILE’S RESIDENCE.
The court will include in its order the length of time that the
juvenile will reside in the facility, which will not exceed a period
of one year. At the conclusion of the one-year period, the court
will make a determination as to whether the juvenile will benefit
from further residence within the facility. The court may then
order the juvenile to be placed into the facility for additional
time not to exceed one year.
SECTION 13.030. Section 63.028, Human Resources Code, is
amended to add a heading to read as follows:
Sec. 63.028. MODIFICATION OF COURT ORDER. The court may
modify any order by which a juvenile is placed in the facility upon
recommendation of the director of the facility.
SECTION 13.031. Section 152.1611(a), Human Resources Code,
as amended by Chapters 583 (S.B. 1796) and 956 (H.B. 4040), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted to read
as follows:
(a) The McLennan County Juvenile Board is composed of the
county judge, the county court at law judges, and the district
judges in McLennan County.
ARTICLE 14. CHANGES RELATING TO INSURANCE CODE
SECTION 14.001. (a) Section 228.001, Insurance Code, is
amended to conform to the amendment of Article 4.51, Insurance
Code, by Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, by adding Subdivisions (5-a),
(7-a), and (7-b) to read as follows:
(5-a) “Low-income community” has the meaning assigned
by Section 45D(e), Internal Revenue Code of 1986.
(7-a) “Program One” means the program for allocation
and investment of certified capital under this chapter before
January 1, 2007.
(7-b) “Program Two” means the program for allocation
and investment of certified capital under this chapter on or after
January 1, 2007.
(b) Section 1, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.51, Insurance Code, by adding Subdivisions (16), (17), and (18),
is repealed.
SECTION 14.002. (a) Section 228.153(b), Insurance Code,
is amended to conform to the amendment of Article 4.56(b),
Insurance Code, by Section 3, Chapter 303 (H.B. 1741), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(b) A certified capital company must place at least 30
percent of the amount of qualified investments required by Sections
228.151(a) and (b) in a strategic investment or low-income
community business.
(b) Section 3, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.56(b), Insurance Code, is repealed.
SECTION 14.003. (a) Section 228.203, Insurance Code, is
amended to conform to the amendment of Article 4.57, Insurance
Code, by Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 228.203. EVALUATION OF BUSINESS BY COMPTROLLER.
(a) A certified capital company may, before making an investment
in a business, request a written opinion from the comptroller as to
whether the business in which the company proposes to invest is a
qualified business, an early stage business, or a strategic
investment or low-income community business.
(b) Not later than the 15th business day after the date of
the receipt of a request under Subsection (a), the comptroller
shall:
(1) determine whether the business meets the
definition of a qualified business, an early stage business, or a
strategic investment or low-income community business, as
applicable, and notify the certified capital company of the
determination and provide an explanation of the determination; or
(2) notify the company that an additional 15 days will
be needed to review the request and make the determination.
(c) If the comptroller fails to notify the certified capital
company with respect to the proposed investment within the period
specified by Subsection (b), the business in which the company
proposes to invest is considered to be a qualified business, an
early stage business, or a strategic investment or low-income
community business, as appropriate.
(b) Section 4, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.57, Insurance Code, is repealed.
SECTION 14.004. (a) Section 228.251, Insurance Code, is
amended to conform to the amendment of Article 4.65, Insurance
Code, by Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, by amending Subsection (b) and
adding Subsection (c) to read as follows:
(b) With respect to credits earned as a result of
investments made under Program One, beginning [Beginning] with the
tax report due March 1, 2009, for the 2008 tax year, a certified
investor may take up to 25 percent of the vested premium tax credit
in any taxable year of the certified investor. The credit may not
be applied to estimated payments due in 2008.
(c) With respect to credits earned as a result of
investments made under Program Two, beginning with the tax report
due March 1, 2013, for the 2012 tax year, a certified investor may
take up to 25 percent of the vested premium tax credit in any
taxable year of the certified investor. The credit may not be
applied to estimated payments due in 2012.
(b) Section 5, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.65, Insurance Code, by amending Subsection (a) and adding
Subsections (a-1) and (a-2), is repealed.
SECTION 14.005. (a) Section 228.253(b), Insurance Code,
is amended to conform to the amendment of Article 4.66(a),
Insurance Code, by Section 6, Chapter 303 (H.B. 1741), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(b) The certified capital company must have filed the claim
with the comptroller on the date on which the comptroller accepted
premium tax credit allocation claims on behalf of certified
investors with respect to Program One or Program Two, as
applicable, under the comptroller’s rules.
(b) Section 6, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.66(a), Insurance Code, is repealed.
SECTION 14.006. (a) Section 228.254, Insurance Code, is
amended to conform to the amendment of Article 4.67, Insurance
Code, by Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 228.254. TOTAL LIMIT ON PREMIUM TAX CREDITS. (a) The
total amount of certified capital for which premium tax credits may
be allowed under this chapter for all years in which premium tax
credits are allowed is:
(1) $200 million for Program One; and
(2) $200 million for Program Two.
(b) The total amount of certified capital for which premium
tax credits may be allowed for all certified investors under this
chapter may not exceed the amount that would entitle all certified
investors in certified capital companies to take total credits of
$50 million in a year with respect to Program One and $50 million in
a year with respect to Program Two.
(c) A certified capital company and the company’s
affiliates may not file premium tax credit allocation claims with
respect to Program One or Program Two, as applicable, in excess of
the maximum amount of certified capital for which premium tax
credits may be allowed for that program as provided by this section.
(b) Section 7, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Article
4.67, Insurance Code, is repealed.
SECTION 14.007. (a) Section 228.255, Insurance Code, is
amended to conform to the amendment of Article 4.68, Insurance
Code, by Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 228.255. ALLOCATION OF PREMIUM TAX CREDIT. (a) If
the total premium tax credits claimed by all certified investors
with respect to Program One or Program Two, as applicable, exceeds
the total limits on premium tax credits established for that
program by Section 228.254(a), the comptroller shall allocate the
total amount of premium tax credits allowed under this chapter to
certified investors in certified capital companies on a pro rata
basis in accordance with this section.
(b) The pro rata allocation for each certified investor
shall be the product of:
(1) a fraction, the numerator of which is the amount of
the premium tax credit allocation claim filed on behalf of the
investor with respect to Program One or Program Two, as applicable,
and the denominator of which is the total amount of all premium tax
credit allocation claims filed on behalf of all certified investors
with respect to that program; and
(2) the total amount of certified capital for which
premium tax credits may be allowed with respect to that program
under this chapter.
(c) The maximum amount of certified capital for which
premium tax credit allocation may be allowed on behalf of a single
certified investor and the investor’s affiliates with respect to
Program One or Program Two, as applicable, whether by one or more
certified capital companies, may not exceed the greater of:
(1) $10 million; or
(2) 15 percent of the maximum aggregate amount
available with respect to that program under Section 228.254(a).
(b) Section 8, Chapter 303 (H.B. 1741), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Articles
4.68(a), (b), (c), and (e), Insurance Code, is repealed.
SECTION 14.008. Section 2, Chapter 303 (H.B. 1741), Acts of
the 80th Legislature, Regular Session, 2007, which amended former
Article 4.52, Insurance Code, is repealed as a temporary executed
provision.
SECTION 14.009. Section 252.003, Insurance Code, as amended
by Chapters 730 (H.B. 2636) and 932 (H.B. 3315), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 252.003. PREMIUMS SUBJECT TO TAXATION. An insurer
shall pay maintenance taxes under this chapter on the correctly
reported gross premiums from writing insurance in this state
against loss or damage by:
(1) bombardment;
(2) civil war or commotion;
(3) cyclone;
(4) earthquake;
(5) excess or deficiency of moisture;
(6) explosion as defined by Section 2002.006(b);
(7) fire;
(8) flood;
(9) frost and freeze;
(10) hail, including loss by hail on farm crops;
(11) insurrection;
(12) invasion;
(13) lightning;
(14) military or usurped power;
(15) an order of a civil authority made to prevent the
spread of a conflagration, epidemic, or catastrophe;
(16) rain;
(17) riot;
(18) the rising of the waters of the ocean or its
tributaries;
(19) smoke or smudge;
(20) strike or lockout;
(21) tornado;
(22) vandalism or malicious mischief;
(23) volcanic eruption;
(24) water or other fluid or substance resulting from
the breakage or leakage of sprinklers, pumps, or other apparatus
erected for extinguishing fires, water pipes, or other conduits or
containers;
(25) weather or climatic conditions;
(26) windstorm;
(27) an event covered under a home warranty insurance
policy; or
(28) an event covered under an inland marine insurance
policy.
SECTION 14.010. Section 551.004, Insurance Code, as added
by Section 11.018(c), Chapter 728 (H.B. 2018), Acts of the 79th
Legislature, Regular Session, 2005, is repealed as substantively
duplicative of Section 551.005, Insurance Code.
SECTION 14.011. Section 885.351, Insurance Code, as amended
by Chapters 548 (S.B. 1263) and 730 (H.B. 2636), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 885.351. AGENTS. (a) A fraternal benefit society may
appoint an agent licensed by the department under Subchapter B,
Chapter 4054, to sell benefits listed under Section 885.301(a) to
society members.
(b) Except as provided by Section 885.352, a person may not
solicit or procure benefit contracts for a fraternal benefit
society unless the person is licensed as a general life, accident,
and health agent or a life agent under Subchapter B, Chapter 4054.
(c) The licensing and regulation of agents for fraternal
benefit societies is subject to Title 13 and other laws regulating
those agents.
SECTION 14.012. Section 981.203(a), Insurance Code, as
amended by Section 2.09, Chapter 548 (S.B. 1263), Acts of the 80th
Legislature, Regular Session, 2007, and Section 2E.132, Chapter 730
(H.B. 2636), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted to read as follows:
(a) The department may issue a surplus lines license to an
applicant who the department determines complies with Subsection
(b) and is:
(1) an individual who:
(A) has passed an examination under Chapter 4002
and department rules; and
(B) holds a current license as:
(i) a general property and casualty agent
authorized under Subchapter B, Chapter 4051; or
(ii) a managing general agent; or
(2) a corporation, limited liability company, or
partnership that:
(A) has at least one officer or director or at
least one active partner who has passed the required surplus lines
license examination;
(B) holds a current license as:
(i) a general property and casualty agent
authorized under Subchapter B, Chapter 4051; or
(ii) a managing general agent; and
(C) conducts insurance activities under this
chapter only through an individual licensed under this section.
SECTION 14.013. Section 1506.152(e), Insurance Code, is
amended to correct a reference to read as follows:
(e) Notwithstanding Sections 1506.153(a)(1)-(6)
[1506.153(1)-(6)], an individual who is certified as eligible for
trade adjustment assistance or for pension benefit guaranty
corporation assistance, as provided by the Trade Adjustment
Assistance Reform Act of 2002 (Pub. L. No. 107-210), and who has at
least three months of prior health benefit plan coverage, as
described by Section 1506.155(d), is not required to exhaust any
benefits from the continuation of coverage under Title X,
Consolidated Omnibus Budget Reconciliation Act of 1985 (29 U.S.C.
Section 1161 et seq.), as amended (COBRA), or state continuation
benefits to be eligible for coverage from the pool.
SECTION 14.014. Section 1506.153, Insurance Code, as
amended by Chapters 808 (S.B. 1254), 881 (H.B. 1977), and 1070 (H.B.
2548), Acts of the 80th Legislature, Regular Session, 2007, is
reenacted and amended to read as follows:
Sec. 1506.153. INELIGIBILITY FOR COVERAGE.
(a) Notwithstanding Section 1506.152 [Section 1506.152(a)-(c)],
an individual is not eligible for coverage from the pool if:
(1) on the date pool coverage is to take effect, the
individual has health benefit plan coverage from a health benefit
plan issuer or health benefit arrangement in effect, except as
provided by Section 1506.152(a)(3)(E);
(2) at the time the individual applies to the pool,
except as provided in Subsection (b), the individual is eligible
for other health care benefits, including an offer of benefits from
the continuation of coverage under Title X, Consolidated Omnibus
Budget Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.),
as amended (COBRA), other than:
(A) coverage, including COBRA or other
continuation coverage or conversion coverage, maintained for any
preexisting condition waiting period under a pool policy or during
any preexisting condition waiting period or other waiting period of
the other coverage;
(B) employer group coverage conditioned by a
limitation of the kind described by Section 1506.152(a)(3)(A) or
(C); or
(C) individual coverage conditioned by a
limitation described by Section 1506.152(a)(3)(C) or (D);
(3) within 12 months before the date the individual
applies to the pool, the individual terminated coverage in the
pool, unless the individual:
(A) demonstrates a good faith reason for the
termination; or
(B) is a federally defined eligible individual;
(4) the individual is confined in a county jail or
imprisoned in a state or federal prison;
(5) any of the individual’s premiums are paid for or
reimbursed under a government-sponsored program or by a government
agency or health care provider;
(6) the individual’s prior coverage with the pool was
terminated:
(A) during the 12-month period preceding the date
of application for nonpayment of premiums; or
(B) for fraud; or
(7) the individual is eligible for health benefit plan
coverage provided in connection with a policy, plan, or program
paid for or sponsored by an employer, even though the employer
coverage is declined. This subdivision does not apply to an
individual who is a part-time employee eligible to participate in
an employer plan that provides health benefit coverage:
(A) that is more limited or restricted than
coverage with the pool; and
(B) for which there is no employer contribution
to the premium, either directly or indirectly.
(b) An individual eligible for benefits from the
continuation of coverage under Title X, Consolidated Omnibus Budget
Reconciliation Act of 1985 (29 U.S.C. Section 1161 et seq.), as
amended (COBRA), who did not elect continuation of coverage during
the election period, or whose elected continuation of coverage
lapsed or was cancelled without reinstatement, is eligible for pool
coverage. Eligibility under this subsection is subject to a
180-day exclusion of coverage under Section 1506.155(a-1).
SECTION 14.015. Section 1506.159(a), Insurance Code, is
amended to correct a reference to read as follows:
(a) A health benefit plan issuer, agent, third-party
administrator, or other person authorized or licensed under this
code may not arrange or assist in, or attempt to arrange or assist
in, the application for coverage from or placement in the pool of an
individual who is not eligible under Section 1506.153(a)(7)
[1506.153(7)] for coverage from the pool for the purpose of
separating the person from health benefit plan coverage offered or
provided in connection with employment that would be available to
the person as an employee or a dependent of an employee.
SECTION 14.016. Subchapter A, Chapter 1550, Insurance Code,
is repealed to conform to the repeal of Article 21.49-15, Insurance
Code, by Section 2(1), Chapter 700 (H.B. 2015), Acts of the 80th
Legislature, Regular Session, 2007.
SECTION 14.017. (a) The heading of Section 1601.308,
Insurance Code, is amended to more closely reflect the source law
from which that section was derived to read as follows:
Sec. 1601.308. EXPENSES[; PAYMENT BY EMPLOYEES].
(b) Section 1601.308(c), Insurance Code, is amended to more
closely reflect the source law from which that section was derived
to read as follows:
(c) Employees may not be required to [shall] pay [the
expenses of an advisory committee established under this
subchapter] from [:
[(1)] the amount of employer contributions due the
employees or from[; or
[(2)] the amount of additional contributions due for
selected coverages under this chapter the expenses of an advisory
committee established under this subchapter.

SECTION 14.018. (a) Section 6002.002, Insurance Code, is
amended to conform to the amendment of Section 2(8), and the
addition of Section 2(17), Article 5.43-2, Insurance Code, by
Section 1, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
Regular Session, 2007, by amending Subdivision (9) and adding
Subdivision (12-a) to read as follows:
(9) “Monitoring” means the receipt of fire alarm and
supervisory signals [and the retransmission] or communication of
those signals to a fire service communications center in this state
or serving property in this state.
(12-a) “Residential fire alarm technician” means a
licensed individual who is designated by a registered firm to
install, service, inspect, and certify residential single-family
or two-family fire alarm or detection systems.
(b) Section 6002.003, Insurance Code, is amended to conform
to the addition of Sections 3(d) and (e), Article 5.43-2, Insurance
Code, by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, by adding Subsections (f) and
(g) to read as follows:
(f) A political subdivision may not require a registered
firm, a license holder, or an employee of a registered firm to
maintain a business location or residency within that political
subdivision to engage in a business or perform any activity
authorized under this chapter.
(g) A municipality or county may by ordinance require a
registered firm to make a telephone call to a monitored property
before the firm notifies the municipality or county of an alarm
signal received by the firm from a fire detection device.
(c) Section 6002.004(b), Insurance Code, is amended to
conform to the amendment of Section 7(b), Article 5.43-2, Insurance
Code, by Section 8, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
(b) Except as provided by Subsection (c), a political
subdivision may not offer [residential] alarm system sales,
service, installation, or monitoring unless the political
subdivision has been providing monitoring services [to residences]
within the boundaries of the political subdivision as of September
1, 1999. Any fee charged by the political subdivision under this
subsection may not exceed the cost of the monitoring.
(d) Section 6002.054(a), Insurance Code, is amended to
conform to the addition of Section 5(c-1), Article 5.43-2,
Insurance Code, by Section 3, Chapter 1051 (H.B. 2118), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(a) The commissioner shall set the fee for:
(1) an initial registration certificate in an amount
not to exceed $500;
(2) the renewal of a registration certificate for each
year in an amount not to exceed $500;
(3) the renewal of a registration certificate for an
individual or organization engaged in the business of planning,
certifying, leasing, selling, servicing, installing, monitoring,
or maintaining exclusively single station devices in an amount not
to exceed $250 annually;
(4) an initial branch office registration certificate
in an amount not to exceed $150;
(5) the renewal of a branch office registration
certificate for each year in an amount not to exceed $150;
(6) an initial or renewal training school approval in
an amount not to exceed $500 annually;
(7) an initial or renewal of a training school
instructor approval in an amount not to exceed $50 annually;
(8) an initial license in an amount not to exceed $120,
except as provided by Subdivision (10); [and]
(9) the renewal of a license for each year in an amount
not to exceed $100, except as provided by Subdivision (10); and
(10) an initial license fee, in an amount not to exceed
$50, and an annual renewal fee, in an amount not to exceed $50, for a
residential fire alarm technician license.
(e) Section 6002.154, Insurance Code, is amended to conform
to the addition of Sections 5(c-1) and 7(f), Article 5.43-2,
Insurance Code, by Sections 3 and 8, Chapter 1051 (H.B. 2118), Acts
of the 80th Legislature, Regular Session, 2007, by amending
Subsection (b) and adding Subsection (d-1) to read as follows:
(b) A fire alarm technician, residential fire alarm
technician, residential fire alarm superintendent, or fire alarm
planning superintendent must hold a license issued by the
department, conditioned on the successful completion of a written
license examination.
(d-1) A residential fire alarm technician may only provide
direct on-site supervision to an employee of a registered firm for
work performed under this chapter in a single-family or two-family
dwelling.
(f) Section 6002.155, Insurance Code, is amended to conform
to the amendment of Section 3(b), Article 5.43-2, Insurance Code,
by Section 2, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 6002.155. ACTIVITIES NOT REGULATED BY CHAPTER. The
licensing provisions of this chapter do not apply to:
(1) an individual or organization in the business of
building construction that installs electrical wiring and devices
that may include, in part, the installation of a fire alarm or
detection system if:
(A) the individual or organization is a party to
a contract that provides that:
(i) the installation will be performed
under the direct supervision of and certified by a licensed
employee or agent of a firm registered to install and certify such
an alarm or detection device; and
(ii) the registered firm assumes full
responsibility for the installation of the alarm or detection
device; and
(B) the individual or organization does not plan,
certify, lease, sell, service, or maintain fire alarms or detection
devices or systems;
(2) an individual or organization that:
(A) owns and installs a fire detection or fire
alarm device on the individual’s or organization’s own property; or
(B) if the individual or organization does not
charge for the device or its installation, installs the device for
the protection of the individual’s or organization’s personal
property located on another’s property and does not install the
device as a normal business practice on the property of another;
(3) an individual who holds a license or other
authority issued by a municipality to practice as an electrician
and who installs fire or smoke detection and alarm devices only in a
single family or multifamily residence if:
(A) the devices installed are:
(i) single station detectors; or
(ii) multiple station detectors capable of
being connected in a manner that actuation of one detector causes
all integral or separate alarms to operate if the detectors are not
connected to a control panel or to an outside alarm, do not transmit
a signal off the premises, and do not use more than 120 volts; and
(B) all installations comply with the adopted
edition of [Household Fire Warning Equipment,] National Fire
Protection Association Standard No. 72 [74];
(4) an individual or organization that:
(A) sells fire detection or fire alarm devices
exclusively over-the-counter or by mail order; and
(B) does not plan, certify, install, service, or
maintain the devices;
(5) a law enforcement agency or fire department or a
law enforcement officer or firefighter acting in an official
capacity that responds to a fire alarm or detection device;
(6) an engineer licensed under Chapter 1001,
Occupations Code, acting solely in the engineer’s professional
capacity;
(7) an individual or organization that provides and
installs at no charge to the property owners or residents a
battery-powered smoke detector in a single-family or two-family
residence if:
(A) the smoke detector bears a label of listing
or approval by a testing laboratory approved by the department;
(B) the installation complies with the adopted
edition of National Fire Protection Association Standard No. 72
[74];
(C) the installers are knowledgeable in fire
protection and the proper use of smoke detectors; and
(D) the detector is a single station installation
and not a part of or connected to any other detection device or
system;
(8) an [a regular] employee of a registered firm who is
under the direct on-site supervision of a license holder;
(9) a building owner, the owner’s managing agent, or an
employee of the owner or agent who installs battery-operated single
station smoke detectors or monitor fire alarm or fire detection
devices or systems in the owner’s building, and in which the
monitoring:
(A) is performed at the owner’s property at no
charge to the occupants of the building;
(B) complies with applicable standards of the
National Fire Protection Association as may be adopted by rule
under this chapter; and
(C) uses equipment approved by a testing
laboratory approved by the department for fire alarm monitoring;
(10) an individual employed by a registered firm that
sells and installs a smoke or heat detector in a single-family or
two-family residence if:
(A) the detector bears a label of listing or
approval by a testing laboratory approved by the department;
(B) the installation complies with the adopted
edition of National Fire Protection Association Standard No. 72
[74];
(C) the installers are knowledgeable in fire
protection and the proper use and placement of detectors; and
(D) the detector is a single station installation
and not a part of or connected to any other detection device or
system; or
(11) an individual or organization licensed to install
or service burglar alarms under Chapter 1702, Occupations Code,
that provides and installs in a single-family or two-family
residence a combination keypad that includes a panic button to
initiate a fire alarm signal if the fire alarm signal:
(A) is monitored by a fire alarm firm registered
under this chapter; and
(B) is not initiated by a fire or smoke detection
device.
(g) Section 6002.154, Insurance Code, is amended to conform
to the addition of Section 5D(a-2), Article 5.43-2, Insurance Code,
by Section 5, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, by adding Subsection (d-2) to
read as follows:
(d-2) An applicant for a residential fire alarm technician
license must provide with the required license application evidence
of the applicant’s successful completion of the required
instruction from a training school approved by the state fire
marshal in accordance with Section 6002.158.
(h) Section 6002.158(e), Insurance Code, is amended to
conform to the amendment of Section 5D(d), Article 5.43-2,
Insurance Code, by Section 5, Chapter 1051 (H.B. 2118), Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(e) The curriculum for [a fire alarm technician course or] a
residential fire alarm technician [superintendent] course must
consist of at least eight [16] hours of [classroom] instruction on
installing, servicing, and maintaining single-family and
two-family residential fire alarm systems as defined by National
Fire Protection Standard No. 72 [for each license category].
(i) Subchapter B, Chapter 6002, Insurance Code, is amended
to conform to the addition of Section 6A(c), Article 5.43-2,
Insurance Code, by Section 7, Chapter 1051 (H.B. 2118), Acts of the
80th Legislature, Regular Session, 2007, by adding Section
6002.0531 to read as follows:
Sec. 6002.0531. RULES REQUIRING FINANCIAL RESPONSIBILITY.
The commissioner may not adopt a rule to administer this chapter
that requires a person who holds a license under this chapter to
obtain additional certification that imposes a financial
responsibility on the license holder.
(j) Subchapter B, Chapter 6002, Insurance Code, is amended
to conform to the addition of Section 5G, Article 5.43-2, Insurance
Code, by Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, by adding Section 6002.056 to
read as follows:
Sec. 6002.056. DEPARTMENT RECORDS. Records maintained by
the department under this chapter on the home address, home
telephone number, driver’s license number, or social security
number of an applicant or a license or registration holder are
confidential and are not subject to mandatory disclosure under
Chapter 552, Government Code.
(k) Section 6002.252, Insurance Code, is amended to conform
to the amendment of Section 9(d), Article 5.43-2, Insurance Code,
by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 6002.252. REQUIRED PURCHASE AND INSTALLATION
INFORMATION. A fire detection or fire alarm device may not be sold
or installed in this state unless the device is accompanied by
printed information that:
(1) is supplied to the owner by the supplier or
installing contractor; and
(2) concerns:
(A) instructions describing the installation,
operation, testing, and proper maintenance of the device;
(B) information to aid in establishing an
emergency evacuation plan for the protected premises; [and]
(C) the telephone number and location, including
notification procedures, of the nearest fire department; and
(D) information that will aid in reducing the
number of false alarms.
(l) Section 6002.253, Insurance Code, is amended to conform
to the amendment of Section 9(e), Article 5.43-2, Insurance Code,
by Section 9, Chapter 1051 (H.B. 2118), Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 6002.253. TRAINING AND SUPERVISION OF CERTAIN EXEMPT
EMPLOYEES. Each registered firm that employs an individual who is
exempt from the licensing requirements of this chapter under
Section 6002.155(10) shall appropriately train and supervise the
individual to ensure that:
(1) each installation complies with the adopted
provisions of National Fire Protection Association Standard No. 72
[74] or other adopted standards;
(2) each smoke or heat detector installed or sold
carries a label or listing of approval by a testing laboratory
approved by the department; and
(3) the individual is knowledgeable in fire protection
and the proper use and placement of detectors.
(m) Sections 1, 2, 3, 4, 5, 7, 8, and 9, Chapter 1051 (H.B.
2118), Acts of the 80th Legislature, Regular Session, 2007, which
amended Sections 2, 3, 5, 5B, 5D, 6A, 7, and 9, Article 5.43-2,
Insurance Code, respectively, are repealed.
(n) Section 5G, Article 5.43-2, Insurance Code, as added by
Section 6, Chapter 1051 (H.B. 2118), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
ARTICLE 15. CHANGES RELATING TO LOCAL GOVERNMENT CODE
SECTION 15.001. Section 87.032, Local Government Code, is
amended to conform more closely to the source law from which the
section was derived to read as follows:
Sec. 87.032. APPEAL; SUSPENSION. If the officer appeals
the judgment, the appeal supersedes the order of removal unless the
court that renders the judgment finds that it is in the public
interest to suspend the officer pending the appeal. If the court
finds that the public interest requires suspension, the court shall
suspend the officer as provided by this chapter [subchapter].
SECTION 15.002. Section 111.033, Local Government Code, as
amended by Chapters 563 (S.B. 1510) and 924 (H.B. 3195), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 111.033. ANNUAL BUDGET REQUIRED. (a) Within 30 days
before the first day of each fiscal year or on or immediately after
that first day, the county auditor shall prepare a budget to cover
the proposed expenditures of the county government for that fiscal
year.
(b) A proposed budget that will require raising more revenue
from property taxes than in the previous year must contain a cover
page with the following statement in 18-point or larger
type: “This budget will raise more total property taxes than last
year’s budget by (insert total dollar amount of increase and
percentage increase), and of that amount (insert amount computed by
multiplying the proposed tax rate by the value of new property added
to the roll) is tax revenue to be raised from new property added to
the tax roll this year.”
SECTION 15.003. Section 142.155, Local Government Code, is
amended to add appropriate subsection lettering to read as follows:
Sec. 142.155. RECOGNITION OF EMERGENCY MEDICAL SERVICES
PERSONNEL ASSOCIATION. (a) The governing body of a municipality
may recognize an association that submits a petition signed by a
majority of the emergency medical services personnel in the
municipality, excluding the head of the emergency medical services
department and any person who is exempt under Subsection (b), as the
sole and exclusive bargaining agent for all of the covered
emergency medical services personnel until recognition of the
association is withdrawn by a majority of the covered emergency
medical services personnel.
(b) For purposes of Subsection (a), exempt employees are
assistant department heads in the rank or classification
immediately below that of the department head and any other
employees who are designated as exempt or whose job titles are
designated as exempt by the mutual agreement of the recognized
association and the public employer.
SECTION 15.004. Section 152.032(d), Local Government Code,
as amended by Chapters 401 (S.B. 833), 430 (S.B. 1630), and 1260
(H.B. 2917), Acts of the 80th Legislature, Regular Session, 2007,
is reenacted and amended to read as follows:
(d) The amount of the compensation and allowances of a
county auditor in a county subject to this subsection may be set in
an amount that exceeds the limit established by [in] Subsection (a)
if the compensation and allowances are approved by the
commissioners court of the county. This subsection applies only
to:
(1) a county with a population of more than 77,000 and
less than 80,000;
(2) a county with a population of 500,000 or more,
excluding a county subject to Subsection (b);
(3) a county with a population of more than 1,000 and
less than 21,000 that borders the Gulf of Mexico; and
(4) a county that borders a county subject to
Subsection (b) and that has a population of more [greater] than
50,000 and less than 85,000.
SECTION 15.005. Section 176.006(e), Local Government Code,
as set out, but not amended, by Section 6, Chapter 226 (H.B. 1491),
Acts of the 80th Legislature, Regular Session, 2007, is repealed to
conform to the repeal of that subsection by Section 9, Chapter 226
(H.B. 1491), Acts of the 80th Legislature, Regular Session, 2007.
SECTION 15.006. Sections 191.007(c) and (h), Local
Government Code, are amended to correct a cross-reference to read
as follows:

(c) Except as provided by Section 11.008(c) [11.008(b)],
Property Code, a clearly identifying heading, similar to the
headings on most commercially supplied printed forms, must be
placed at the top of the first page to identify the type or kind of
legal paper.
(h) The filing fee or recording fee for each page of a legal
paper that is presented for filing or recording to a county clerk
and fails to meet one or more of the requirements prescribed by
Subsections (b) through (g) is equal to twice the regular filing fee
or recording fee provided by statute for that page. However, the
failure of a page to meet the following requirements does not result
in a fee increase under this subsection:
(1) the requirement prescribed by Subsection (b)(3)
relating to type size; and
(2) provided that the legal paper complies with
Section 11.008(c) [11.008(b)], Property Code, the requirement
prescribed by Subsection (c) that a legal paper have a clearly
identifying heading.
SECTION 15.007. Section 334.008(a), Local Government Code,
as added by Chapters 658 (H.B. 1166) and 869 (H.B. 1524), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted to read
as follows:
(a) A county that contains no incorporated territory of a
municipality may provide for the planning, acquisition,
establishment, development, construction, or renovation of a
county parks and recreation system as a venue project under this
chapter if the county:
(1) is located on an international border and has a
population of less than 15,000; or
(2) has a population of less than 2,000.
SECTION 15.008. Sections 373A.052(a) and (b), Local
Government Code, as amended by Chapters 1034 (H.B. 1742) and 1175
(H.B. 470), Acts of the 80th Legislature, Regular Session, 2007,
are reenacted to read as follows:
(a) To be designated as a district within a municipality
described by Section 373A.003(a) under this subchapter, an area
must be composed of census tracts forming a spatially compact area
contiguous to a central business district and with:
(1) fewer than 25,000 residents;
(2) fewer than 8,000 households;
(3) a number of owner-occupied households that does
not exceed 50 percent of the total households in the area;
(4) housing stock at least 55 percent of which was
built at least 45 years ago;
(5) an unemployment rate that is greater than 10
percent;
(6) an overall poverty rate that is at least two
times the poverty rate for the entire municipality; and
(7) in each census tract within the area, a median
family income that is less than 60 percent of the median family
income for the entire municipality.
(b) To be designated as a district within a municipality
described by Section 373A.003(b) under this subchapter, an area
must be composed of census tracts forming a spatially compact area
contiguous to a central business district and with:
(1) fewer than 75,000 residents;
(2) a median family income that is less than $30,000
according to the last decennial census; and
(3) an overall poverty rate that is at least two times
the poverty rate for the entire municipality.
SECTION 15.009. Subchapter C, Chapter 372, Local Government
Code, is transferred to Subtitle B, Title 12, Local Government
Code, redesignated as Chapter 382, Local Government Code, and
amended to read as follows:
CHAPTER 382. [SUBCHAPTER C.] IMPROVEMENT PROJECTS IN CERTAIN
COUNTIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 382.001 [372.101]. DEFINITIONS. (a) In this chapter
[subchapter]:
(1) “Board” means the board of directors of a
district.
(2) “District” means a public improvement district
created by a county under this chapter [subchapter].
(3) “Hotel” has the meaning assigned by Section
156.001, Tax Code, and includes a timeshare, overnight lodging
unit, or condominium during the time the timeshare, overnight
lodging unit, or condominium is rented by a person who is not the
owner of the timeshare, overnight lodging unit, or condominium.
(4) “Municipality” means the municipality in whose
extraterritorial jurisdiction the improvement project is to be
located.
Sec. 382.002 [372.1011]. APPLICABILITY. This chapter
[subchapter] applies only to:
(1) a county with a population of 825,000 or more,
other than a county that:
(A) borders on the Gulf of Mexico or a bay or
inlet of the gulf; or
(B) has two municipalities located wholly or
partly in its boundaries each having a population of 300,000 or
more; or
(2) a county with a population of 70,000 or more that
is adjacent to a county described by Subdivision (1) in which a
municipality with a population of 35,000 or more is primarily
situated and includes all or a part of the extraterritorial
jurisdiction of a municipality with a population of 1.1 million or
more.
Sec. 382.003 [372.102]. NATURE OF DISTRICT; PURPOSE.
(a) A district is created under Section 52, Article III, and
Section 59, Article XVI, Texas Constitution.
(b) By enacting this chapter [subchapter], the legislature
has created a program for economic development as provided in
Section 52-a, Article III, Texas Constitution. A county may engage
in economic development projects as provided by this chapter
[subchapter], and, on a determination of the commissioners court of
the county to create a district, may delegate the authority to
oversee and manage the economic development project to an appointed
board of directors. In appointing a board, the commissioners court
delegates its authority to serve a public use and benefit.
Sec. 382.004 [372.103]. COUNTY MAY ESTABLISH DISTRICT. A
county may create a public improvement district under this chapter
[subchapter] if the county determines it is in the county’s best
interest. A district [created under this subchapter] is a
political subdivision of this state.
Sec. 382.005 [372.104]. APPLICABILITY; CONFLICT OF LAWS.
This chapter [subchapter] controls to the extent of a conflict
between this chapter [subchapter] and Subchapter A, Chapter 372.
Sec. 382.006 [372.105]. ESTABLISHMENT OF ECONOMIC
DEVELOPMENT PROJECTS; OPTIONAL CREATION OF PUBLIC IMPROVEMENT
DISTRICT. (a) The commissioners court of a county may on receipt
of a petition satisfying the requirements of Section 372.005,
establish by order an economic development project in a designated
portion of the county, or, if the county determines it is in the
best interests of the county, create a district by order only in an
area located in the extraterritorial jurisdiction of a municipality
in that county. If the county is a county described by Section
382.002(2) [372.1011(2)], the petition described by this
subsection must also be approved by a resolution adopted by the
municipality with a population of 1.1 million or more.
(b) For a county described by Section 382.002(2)
[372.1011(2)], a district may only be created in an area containing
at least 2,000 contiguous acres of land that is located wholly or
partly in the extraterritorial jurisdiction of a municipality with
a population of 1.1 million or more.
(c) The order must:
(1) describe the territory in which the economic
development project is to be located or the boundaries of a
district;
(2) specifically authorize the district to exercise
the powers of this chapter [subchapter] if the county has
determined that creating a district is in the county’s best
interests; and
(3) state whether the petition requests improvements
to be financed and paid for with taxes authorized by this chapter
[subchapter] instead of or in addition to assessments.
[Sections 382.007-382.050 reserved for expansion]
SUBCHAPTER B. BOARD OF DIRECTORS
Sec. 382.051 [372.106]. GOVERNING BODY; TERMS. If a county
elects to delegate the authority granted under this chapter
[subchapter], it shall appoint a board of seven directors to serve
staggered two-year terms, with three or four directors’ terms
expiring June 1 of each year to manage the economic development
project or, at the option of the county, govern the district.
Sec. 382.052 [372.107]. ELIGIBILITY. (a) To be eligible
to serve as a director, a person must be at least 18 years old.
(b) If the population of the district is more than 1,000, to
be eligible to serve as a director, a person must be at least 18
years old, reside in the district, and meet the qualifications of
Section 375.063.
Sec. 382.053 [372.108]. VACANCIES; QUORUM. (a) A board
vacancy is filled in the same manner as the original appointment.
(b) A vacant board position is not counted for the purposes
of establishing a quorum of the board.
Sec. 382.054 [372.109]. CONFLICTS OF INTEREST. Chapter 171
governs conflicts of interest for directors.
Sec. 382.055 [372.110]. COMPENSATION. (a) For purposes
of this section, “performs the duties of a director” means
substantial performance of the management of the district’s
business, including participation in board and committee meetings
and other activities involving the substantive deliberation of
district business and in pertinent educational programs, but does
not include routine or ministerial activities such as the execution
of documents or self-preparation for meetings.
(b) A county is authorized to compensate the directors when
they perform the duties of a director. The county shall compensate
a director not more than $50 a day for each day that the director
performs the duties of a director.
Sec. 382.056 [372.111]. OATH AND BOND; OFFICER ELECTIONS.
As soon as practicable, a board member shall give the bond and take
the oath of office in accordance with Section 375.067, and the board
shall elect officers in accordance with Section 375.068.
[Sections 382.057-382.100 reserved for expansion]
SUBCHAPTER C. POWERS AND DUTIES
Sec. 382.101 [372.113]. COUNTY’S GENERAL POWERS AND
DUTIES. (a) A county operating under this chapter [subchapter]
has the powers and duties of:
(1) a county development district under Chapter 383,
except for Section 383.066;
(2) a road district created by a county under Section
52, Article III, Texas Constitution; and
(3) a municipality or county under Chapter 380 or 381,
or under Section 372.003(b)(9).
(b) A county is authorized to manage an economic development
project in a designated portion of the county, or to create a
district and to delegate to a board the county’s powers and duties
as provided by this chapter [subchapter].
(c) A county may not delegate to a district the powers and
duties of a road district or the power to provide water, wastewater,
or drainage facilities under this section unless both the
municipality and county consent by resolution.
Sec. 382.102 [372.114]. DEVELOPMENT AGREEMENTS. A county
may enter into a development agreement with an owner of land in the
territory designated for an economic development project, or a
district may enter into a development agreement, for a term not to
exceed 30 years on any terms and conditions the county or the board
considers advisable. The parties may amend the agreement.
Sec. 382.103 [372.115]. ECONOMIC DEVELOPMENT AGREEMENT;
ELECTION; TAXES. (a) A county may enter into an agreement, only on
terms and conditions the commissioners court and a board consider
advisable, to make a grant or loan of public money to promote state
or local economic development and to stimulate business and
commercial activity in the territory where the economic development
project is located, or in the district, including a grant or loan to
induce the construction of a tourist destination or attraction in
accordance with Chapter 380 or 381.
(b) If authorized by the county, a district [created by the
county] may order an election to be held in the district to approve
a grant or loan agreement. The grant or loan may be payable over a
term of years and be enforceable on the district under the terms of
the agreement and the conditions of the election, which may,
subject to the requirements of Section 382.153(c) [372.127(c)],
include the irrevocable obligation to impose an ad valorem tax,
sales and use tax, or hotel occupancy tax for a term not to exceed 30
years. If authorized at the election, the board may contract to pay
the taxes to the recipient of the grant or loan in accordance with
the agreement.
(c) If the property owners petitioning a county to create a
district under Section 382.006 [372.105] propose that the district
be created only to provide economic development grants or loans and
road improvements and not to impose assessments, and the county
determines that the creation of the district is in the best
interests of the county, the district is not required to prepare a
feasibility report, a service plan or assessment plan, or an
assessment roll as required by Subchapter A, Chapter 372 [this
chapter].
Sec. 382.104 [372.116]. CONTRACTS; GENERAL. (a) A
district may contract with any person, including the municipality
or county, on the terms and conditions and for a period of time the
board determines, to:
(1) accomplish any district purpose, including a
contract to pay, repay, or reimburse from tax proceeds or another
specified source of money any costs, including reasonable interest,
incurred by a person on the county’s or the district’s behalf,
including all or part of the costs of an improvement project; and
(2) receive, administer, and perform the county’s or
the district’s duties and obligations under a gift, grant, loan,
conveyance, or other financial assistance arrangement relating to
the investigation, planning, analysis, study, design, acquisition,
construction, improvement, completion, implementation, or
operation by the district or another person of an improvement
project or proposed improvement project.
(b) A state agency, municipality, county, other political
subdivision, corporation, or other person may contract with the
county or district to carry out the purposes of this chapter
[subchapter].
Sec. 382.105 [372.117]. PROCUREMENT CONTRACTS. A district
may contract for materials, supplies, and construction:
(1) in accordance with the laws applicable to
counties; or
(2) in the same manner that a local government
corporation created pursuant to Chapter 431, Transportation Code,
is authorized to contract.
Sec. 382.106 [372.118]. RULES; ENFORCEMENT. A county may
authorize the board to adopt rules:
(1) to administer and operate the district;
(2) for the use, enjoyment, availability, protection,
security, and maintenance of district property, including
facilities; or
(3) to provide for public safety and security in the
district.
Sec. 382.107 [372.119]. FEES. A county may authorize a
board to establish, revise, repeal, enforce, collect, and apply the
proceeds from user fees or charges for the enjoyment, sale, rental,
or other use of its facilities or other property, or for services or
improvement projects.
Sec. 382.108 [372.120]. RULES; REGULATION OF ROADS AND
OTHER PUBLIC AREAS. (a) A county may authorize a board to adopt
rules to regulate the private use of public roadways, open spaces,
parks, sidewalks, and similar public areas in the district, if the
use is for a public purpose.
(b) A rule, order, ordinance, or regulation of a county or
municipality that conflicts with a rule adopted under this section
controls to the extent of any conflict.
(c) A rule adopted under this section may provide for the
safe and orderly use of public roadways, open spaces, parks,
sidewalks, and similar public areas in the area of the district or
economic development project.
Sec. 382.109 [372.121]. ROAD PROJECTS. (a) To the extent
authorized by Section 52, Article III, Texas Constitution, the
county may delegate to the district the authority to construct,
acquire, improve, maintain, or operate macadamized, graveled, or
paved roads or turnpikes, or improvements in aid of those roads or
turnpikes, inside the territory targeted by the county for an
economic development project, or the district.
(b) A road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of each municipality in whose corporate limits or
extraterritorial jurisdiction the district is located. If the
district is located outside the extraterritorial jurisdiction of a
municipality, a road project must meet all applicable construction
standards, zoning and subdivision requirements, and regulatory
ordinances of each county in which the district is located.
Sec. 382.110 [372.122]. UTILITIES. (a) This chapter
[subchapter] does not grant the board any right-of-way management
authority over public utilities.
(b) To the extent the construction, maintenance, or
operation of a project under this chapter [subchapter] requires the
relocation or extension of a public utility facility, the district
shall reimburse the public utility for all costs associated with
the relocation, removal, extension, or other adjustment of the
facility.
Sec. 382.111 [372.123]. SERVICE PLAN REQUIRED. The
commissioners court of the county that created the district may
require a district to prepare an annual service plan, in the manner
provided for by Section 372.013, that meets the approval of the
commissioners court.
Sec. 382.112 [372.124]. NO EMINENT DOMAIN. A district may
not exercise the power of eminent domain.
[Sections 382.113-382.150 reserved for expansion]
SUBCHAPTER D. GENERAL FINANCIAL PROVISIONS; TAXES
Sec. 382.151 [372.125]. NO TAX ABATEMENTS. A county may
not grant a tax abatement or enter into a tax abatement agreement
for a district [created under this subchapter].
Sec. 382.152 [372.126]. BONDS; NOTES. (a) A district may
not issue bonds unless approved by the commissioners court of the
county that created the district. Bonds may not be issued unless
approved by a majority of the voters of the district voting in an
election held for that purpose. A bond election under this
subsection does not affect prior bond issuances and is not required
for refunding bond issuances.

(b) A district may not issue a negotiable promissory note or
notes unless approved by the commissioners court of the county that
created the district.
(c) If the commissioners court grants approval under this
section, bonds, notes, and other district obligations may be
secured by district revenue or any type of district taxes or
assessments, or any combination of taxes and revenue pledged to the
payment of bonds.
Sec. 382.153 [372.127]. AUTHORITY TO IMPOSE ASSESSMENTS
AND AD VALOREM, SALES AND USE, AND HOTEL OCCUPANCY TAXES; ELECTION.
(a) A county or a district [created under this subchapter] may
accomplish its purposes and pay the cost of services and
improvements by imposing:
(1) an assessment;
(2) an ad valorem tax;
(3) a sales and use tax; or
(4) a hotel occupancy tax.
(b) A district may impose an ad valorem tax, hotel occupancy
tax, or sales and use tax to accomplish the economic development
purposes prescribed by Section 52a, Article III, Texas
Constitution, if the tax is approved by:
(1) the commissioners court of the county that created
the district; and
(2) a majority of the voters of the district voting at
an election held for that purpose.
(c) A county must adopt an order providing whether a
district has the authority to impose a hotel occupancy tax, sales
and use tax, or ad valorem tax, and must provide the rate at which
the district may impose the tax. A tax rate approved by the
commissioners court and pledged to secure bonds, notes, grant
agreements, or development agreements may not be reduced until the
obligations of those instruments have been satisfied.
Sec. 382.154 [372.128]. USE OF REVENUE FROM TAXES. A tax
authorized by a county to be imposed under this chapter
[subchapter] may be used to accomplish any improvement project or
road project, or to provide any service authorized by this chapter
or Chapter 372, 380, 381, or 383.
Sec. 382.155 [372.129]. HOTEL OCCUPANCY TAX. (a) A county
may authorize a district to impose a hotel occupancy tax on a person
who pays for the use or possession of or for the right to the use or
possession of a room that is ordinarily used for sleeping in a hotel
in the district.
(b) If authorized by a county, a district shall impose a
hotel occupancy tax as provided by Chapter 383, Local Government
Code, and Section 352.107, Tax Code, except that a hotel occupancy
tax:
(1) may be used for any purpose authorized in this
chapter [subchapter]; and
(2) is authorized by the county to be imposed by the
district.
(c) The hotel occupancy tax rate is the greater of nine
percent or the rate imposed by the municipality.
(d) A hotel occupancy tax may not be imposed on the
occupants of a hotel unless the owner of the hotel agrees to the
imposition of the hotel occupancy taxes under this chapter
[subchapter]. After the owner agrees, the agreement may not be
revoked by the owner of the hotel or any subsequent owner of the
hotel. After an agreement under this section, the district may
impose hotel occupancy taxes as provided by this chapter
[subchapter].
Sec. 382.156 [372.130]. SALES AND USE TAX. (a) A
commissioners court may authorize a district to impose a sales and
use tax in increments of one-eighth of one percent up to a rate of
two percent.
(b) Except as otherwise provided in this chapter
[subchapter], a sales and use tax must be imposed in accordance with
Chapter 383, Local Government Code, or Chapter 323, Tax Code.
(c) The ballot for a sales tax election shall be printed to
provide for voting for or against the proposition: “A sales and use
tax at a rate not to exceed ____ [insert percentage rate] in the
_______________ [insert name of district]” or “The adoption of a
____ [insert percentage rate] sales and use tax in the
_______________ [insert name of district].”
(d) A tax authorized at an election held under this section
may be imposed at a rate less than or equal to the rate printed in
the ballot proposition.
Sec. 382.157 [372.131]. AD VALOREM TAX. A commissioners
court may authorize a district to impose an ad valorem tax on
property in the district in accordance with Chapter 257,
Transportation Code.
Sec. 382.158 [372.132]. BORROWING. The commissioners
court may authorize a district to borrow money for any district
purpose, including for a development agreement that authorizes the
district to borrow money.
Sec. 382.159 [372.133]. REPAYMENT OF COSTS. The
commissioners court may authorize a district, by a lease,
lease-purchase agreement, installment purchase contract, or other
agreement, or by the imposition or assessment of a tax, user fee,
concession, rental, or other revenue or resource of the district,
to provide for or secure the payment or repayment of:
(1) the costs and expenses of the establishment,
administration, and operation of the district;
(2) the district’s costs or share of costs of an
improvement project; or
(3) the district’s contractual obligations or
indebtedness.
[Sections 382.160-382.200 reserved for expansion]
SUBCHAPTER E. ANNEXATION BY MUNICIPALITY; TAXES
Sec. 382.201 [372.134]. LIABILITIES; ASSUMPTION OF ASSETS
AFTER COMPLETE ANNEXATION BY MUNICIPALITY. (a) If the
municipality annexes the entire territory of a district, the
municipality shall assume the district’s assets, but is not liable
for the district’s debt or other obligations.
(b) If the county has authorized a district [created under
this subchapter] to have debt or other obligations, the district
remains in existence after the territory is annexed by the
municipality for the purpose of collecting any taxes or assessments
authorized by the county and imposed by the district before
annexation. Taxes or assessments collected after annexation must
be used by the district solely for the purpose of satisfying any
preexisting county-authorized district debt or other obligation.
After the debt or other obligations have been discharged, or two
years have expired since the date of the annexation, the district is
dissolved and any outstanding debt or obligations are extinguished.
Sec. 382.202 [372.135]. AUTHORITY TO IMPOSE TAXES OF
ASSESSMENTS AFTER PARTIAL OR COMPLETE ANNEXATION. (a) After a
district has been annexed by a municipality wholly or partly for
general purposes, the county may not authorize the district to
impose an ad valorem tax, hotel occupancy tax, or sales and use tax,
or collect an assessment in the area that the municipality overlaps
the district, except as provided by Subsection (b) or Section
382.201(b) [372.134(b)].
(b) A district may continue to impose a tax in an area that
the municipality annexes for limited purposes and in which the
municipality does not impose taxes. If the municipality annexes an
area for limited purposes and imposes some of the taxes which the
district is imposing but not all of them, the district may continue
to impose taxes only to the extent that the level of taxation of the
municipality and the district combined, calculating the hotel tax,
the sales tax, and the ad valorem tax independently, is equal to or
less than the tax level of the municipality as to fully annexed
areas.
(c) The legislature intends that the level of taxation of
areas where the district and the municipality overlap do not exceed
the level of taxation of fully annexed areas.
SECTION 15.010. Section 387.003(b-1), Local Government
Code, is amended to correct references to read as follows:
(b-1) If the proposed district includes any territory of a
municipality, the commissioners court shall send notice by
certified mail to the governing body of the municipality of the
commissioners court’s intent to create the district. If the
municipality has created a development corporation under Chapter
504 or 505 [Section 4A or 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)], the
commissioners court shall also send the notice to the board of
directors of the corporation. The commissioners court must send
the notice not later than the 60th day before the date the
commissioners court orders the election. The governing body of the
municipality may exclude the territory of the municipality from the
proposed district by sending notice by certified mail to the
commissioners court of the governing body’s desire to exclude the
municipal territory from the district. The governing body must
send the notice not later than the 45th day after the date the
governing body receives notice from the commissioners court under
this subsection. The territory of a municipality that is excluded
under this subsection may subsequently be included in the district
in an election held under Subsection (f) with the consent of the
municipality.
SECTION 15.011. (a) Section 501.007, Local Government
Code, is amended to conform to Section 3, Chapter 1102 (H.B. 3440),
Acts of the 80th Legislature, Regular Session, 2007, by adding
Subsection (c) to read as follows:
(c) The grants, loans, expenditures, and tax exemptions
authorized by this subtitle in connection with a project and
authorized by a corporation in accordance with this subtitle
constitute the making of loans or grants of public money or
constitute other actions authorized by Section 52-a, Article III,
Texas Constitution.
(b) Section 3, Chapter 1102 (H.B. 3440), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Section
32, Development Corporation Act of 1979 (Article 5190.6, Vernon’s
Texas Civil Statutes), is repealed.
SECTION 15.012. (a) Section 501.101, Local Government
Code, is amended to conform to Section 1, Chapter 1102 (H.B. 3440),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 501.101. PROJECTS RELATED TO CREATION OR RETENTION OF
PRIMARY JOBS. In this subtitle, “project” includes the land,
buildings, equipment, facilities, expenditures, targeted
infrastructure, and improvements that are:
(1) for the creation or retention of primary jobs; and
(2) found by the board of directors to be required or
suitable for the development, retention, or expansion of:
(A) manufacturing and industrial facilities;
(B) research and development facilities;
(C) military facilities, including closed or
realigned military bases;
(D) transportation facilities, including
airports, hangars, airport maintenance and repair facilities, air
cargo facilities, related infrastructure located on or adjacent to
an airport facility, ports, mass commuting facilities, and parking
facilities;
(E) sewage or solid waste disposal facilities;
(F) recycling facilities;
(G) air or water pollution control facilities;
(H) facilities for furnishing water to the
public;
(I) distribution centers;
(J) small warehouse facilities capable of
serving as decentralized storage and distribution centers;
(K) primary job training facilities for use by
institutions of higher education; or
(L) regional or national corporate headquarters
facilities.
(b) Section 1, Chapter 1102 (H.B. 3440), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Section
2(11), Development Corporation Act of 1979 (Article 5190.6,
Vernon’s Texas Civil Statutes), is repealed.
SECTION 15.013. (a) The heading to Subchapter B, Chapter
502, Local Government Code, is amended to conform to Section 1,
Chapter 119 (S.B. 1089), Acts of the 80th Legislature, Regular
Session, 2007, to read as follows:
SUBCHAPTER B. CORPORATE POWERS AND LIMITATIONS [FINANCIAL
PROVISIONS]
(b) Subchapter B, Chapter 502, Local Government Code, is
amended to codify Section 38A, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes), as added by
Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,
Regular Session, 2007, by adding Section 502.052 to read as
follows:
Sec. 502.052. USE OF TAX REVENUE FOR MASS TRANSIT-RELATED
FACILITIES. A corporation may, as authorized by the corporation’s
board of directors, spend tax revenue received under this subtitle
for the development, improvement, expansion, or maintenance of
facilities relating to the operation of commuter rail, light rail,
or motor buses.
(c) Section 38A, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes), as added by
Section 1, Chapter 119 (S.B. 1089), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 15.014. (a) Subchapter D, Chapter 505, Local
Government Code, is amended to conform to Section 2, Chapter 1102
(H.B. 3440), Acts of the 80th Legislature, Regular Session, 2007,
by adding Section 505.1561 to read as follows:
Sec. 505.1561. PROJECTS RELATED TO AIRPORT FACILITIES IN
CERTAIN MUNICIPALITIES. For purposes of this chapter, “project”
includes land, buildings, equipment, facilities, and improvements
found by the board of directors to be required or suitable for the
development or expansion of airport facilities, including hangars,
airport maintenance and repair facilities, air cargo facilities,
and related infrastructure located on or adjacent to an airport
facility, if the project is undertaken by a Type B corporation
authorized to be created by a municipality:
(1) that enters into a development agreement with an
entity in which the entity acquires a leasehold or other possessory
interest from the corporation and is authorized to sublease the
entity’s interest for other projects authorized by Sections 505.151
through 505.156; and
(2) the governing body of which has authorized the
development agreement by adopting a resolution at a meeting called
as authorized by law.
(b) Section 2, Chapter 1102, Acts of the 80th Legislature,
Regular Session, 2007, which amended former Section 4B(a)(2),
Development Corporation Act of 1979 (Article 5190.6, Vernon’s Texas
Civil Statutes), is repealed.
SECTION 15.015. (a) Section 505.159, Local Government
Code, is amended to conform to Section 2, Chapter 1426 (S.B. 1523),
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
Sec. 505.159. HEARING REQUIRED TO UNDERTAKE PROJECT.
(a) Except as provided by Subsection (b), a [A] Type B corporation
shall hold at least one public hearing on a proposed project before
spending money to undertake the project.
(b) A Type B corporation the creation of which was
authorized by a municipality with a population of less than 20,000
is not required to hold a public hearing under this section if the
proposed project is defined by Subchapter C, Chapter 501.
(b) Section 2, Chapter 1426 (S.B. 1523), Acts of the 80th
Legislature, Regular Session, 2007, which amended former Section
4B(n), Development Corporation Act of 1979 (Article 5190.6,
Vernon’s Texas Civil Statutes), is repealed.
SECTION 15.016. (a) Subchapter F, Chapter 505, Local
Government Code, is amended to codify Section 4B(e-2), Development
Corporation Act of 1979 (Article 5190.6, Vernon’s Texas Civil
Statutes), as added by Section 1, Chapter 1426 (S.B. 1523), Acts of
the 80th Legislature, Regular Session, 2007, by adding Sections
505.2565 and 505.2575 to read as follows:
Sec. 505.2565. LIMITATION ON DURATION OF TAX. (a) At an
election held under Section 505.251, the authorizing municipality
may also allow the voters to vote on a ballot proposition to limit
the period for imposition of a sales and use tax.
(b) An authorizing municipality that has imposed a tax for a
limited time under this section may extend the period of the tax’s
imposition or reimpose the tax only if the extension or
reimposition is approved by a majority of the voters of the
municipality voting at an election held for that purpose in the same
manner as an election held under Section 504.257.
Sec. 505.2575. LIMITED SALES AND USE TAX FOR SPECIFIC
PROJECT. (a) At an election held under Section 505.251, the
authorizing municipality may also allow the voters to vote on a
ballot proposition to limit the use of the sales and use tax to a
specific project.
(b) A Type B corporation created to perform a specific
project as provided by this section may retain its corporate
existence and perform any other project approved by the voters of
the authorizing municipality at an election held for that purpose
in the same manner as Section 504.260 provides for an election held
under Section 504.251. Before spending money to undertake a
project, a Type B corporation shall hold a public hearing as
otherwise provided by this chapter.

(b) Section 4B(e-2), Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes), as added by
Section 1, Chapter 1426 (S.B. 1523), Acts of the 80th Legislature,
Regular Session, 2007, is repealed.
SECTION 15.017. Section 615.022, Local Government Code, is
amended to add a heading to read as follows:
Sec. 615.022. TRANSPORTATION EXPENSES OF CERTAIN COUNTIES
FOR SENIOR CITIZENS. The commissioners court of a county with a
population of 2.4 million or more may pay out of the county general
funds costs and expenses for the transportation of senior citizens
for civic, community, educational, and recreational activities
within and outside the county.
ARTICLE 16. CHANGES RELATING TO NATURAL RESOURCES CODE
SECTION 16.001. Section 31.0672(a), Natural Resources
Code, is amended to correct a reference to read as follows:
(a) The division may directly sell to a political
subdivision or a development corporation organized under Subtitle
C1, Title 12, Local Government Code, [the Development Corporation
Act of 1979 (Article 5190.6, Vernon’s Texas Civil Statutes)] any
real property owned by the state that the legislature has
authorized or the governor has approved for sale under Subchapter E
if the commissioner determines the sale is in the best interest of
the state.
SECTION 16.002. Section 201.014, Natural Resources Code, as
amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
Sec. 201.014. PENALTIES. A person who violates Section
201.011 is guilty of a Class A misdemeanor, unless the person has
previously been convicted of violating that section [Section
201.011], in which case the person is guilty of a state jail felony.
SECTION 16.003. Section 201.041, Natural Resources Code, as
amended by Chapters 993 (S.B. 1524) and 1107 (H.B. 3502), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted to read
as follows:
Sec. 201.041. VANDALISM. (a) A person may not, without
express, prior, written permission of the owner, knowingly:
(1) break, break off, crack, carve upon, write, burn,
or otherwise mark upon, remove, or in any manner destroy, deface,
mar, or harm the surfaces of any cave or any natural material in a
cave, including speleothems;
(2) deface, mar, or harm in any manner the natural
condition of any cave; or
(3) break, force, tamper with, or otherwise disturb a
lock, gate, door, or other obstruction designed to control or
prevent access to any cave, even though entrance to the cave may not
be gained.
(b) A person who violates a provision of this section is
guilty of a state jail felony, unless the person has previously been
convicted of violating this section, in which case the person is
guilty of a felony of the third degree.
ARTICLE 17. CHANGES RELATING TO OCCUPATIONS CODE
SECTION 17.001. Section 503.058, Occupations Code, is
repealed.
SECTION 17.002. Section 1305.003(a), Occupations Code, as
amended by Chapters 418 (S.B. 1222) and 649 (H.B. 1029), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
(a) This chapter does not apply to:
(1) the installation of electrical equipment in a
ship, watercraft other than a floating building, railway rolling
stock, aircraft, motor vehicle, or recreational vehicle;
(2) the installation of electrical equipment
underground in a mine and in self-propelled mobile surface mining
machinery and its attendant electrical trailing cable;
(3) the installation of electrical equipment for
generation, transformation, transmission, or distribution of power
used exclusively to operate railway rolling stock or exclusively
for signaling and communications purposes;
(4) the installation, maintenance, alteration, or
repair of communications equipment provided by a
telecommunications provider;
(5) the installation, maintenance, alteration, or
repair of electrical equipment under the exclusive control of an
electric utility, power generation company as defined by Sections
31.002(1) and (10), Utilities Code, electric cooperative, or
municipally owned utility and used for communications or metering,
or for the generation, control, transformation, transmission, and
distribution of electrical energy, and located:
(A) in a building used exclusively by a utility
or power generation company for those purposes;
(B) outdoors on property owned or leased by the
utility or power generation company;
(C) on public highways, streets, roads, or other
public rights-of-way; or
(D) outdoors by established rights in vaults or
on private property;
(6) work not specifically regulated by a municipal
ordinance that is performed in or on a dwelling by a person who owns
and resides in the dwelling;
(7) work involved in the manufacture of electrical
equipment that includes the on-site and off-site manufacturing,
commissioning, testing, calibrating, coordinating,
troubleshooting, or evaluating of electrical equipment, the
repairing or retrofitting of electrical equipment with components
of the same ampacity, and the maintenance and servicing of
electrical equipment within the equipment’s enclosure that is
performed by an authorized employee or authorized representative of
an electrical equipment manufacturer and limited to the type of
products manufactured by the manufacturer;
(8) electrical work if:
(A) the work is performed by a person who does not
engage in electrical work for the public;
(B) the work is performed by a person regularly
employed as a maintenance person or maintenance electrician for a
business; and
(C) the electrical work does not involve the
installation of electrical equipment during new construction as
defined by rules adopted under Chapter 151, Tax Code;
(9) the installation, maintenance, alteration, or
repair of electrical equipment or associated wiring under the
exclusive control of a gas utility and used for communications or
metering or for the control, transmission, or distribution of
natural gas;
(10) thoroughfare lighting, traffic signals,
intelligent transportation systems, and telecommunications
controlled by a governmental entity;
(11) electrical connections supplying heating,
ventilation, and cooling and refrigeration equipment, including
any required disconnect exclusively for the equipment, if the
service is performed by a licensed air conditioning and
refrigeration contractor under Chapter 1302;
(12) the design, installation, erection, repair, or
alteration of Class 1, Class 2, or Class 3 remote control,
signaling, or power-limited circuits, fire alarm circuits, optical
fiber cables, or communications circuits, including raceways, as
defined by the National Electrical Code;
(13) landscape irrigation installers, as necessary to
perform the installation and maintenance of irrigation control
systems, and landscapers, as necessary to perform the installation
and maintenance of low-voltage exterior lighting and holiday
lighting excluding any required power source;
(14) electrical work performed at a business that
operates:
(A) a chemical plant, petrochemical plant,
refinery, natural gas plant, natural gas treating plant, pipeline,
or oil and gas exploration and production operation by a person who
works solely for and is employed by that business; or
(B) a chemical plant, petrochemical plant
refinery, natural gas plant, or natural gas treatment plant by a
person who under a contract of at least 12 months’ duration performs
electrical work for that plant and:
(i) the electrical work is not performed
during new construction as defined by rules adopted under Chapter
151, Tax Code; or
(ii) the person is not working for a
contractor that has a principal place of business in another state
or territory of the United States or a foreign country;
(15) the installation, maintenance, alteration, or
repair of elevators, escalators, or related equipment, excluding
any required power source, regulated under Chapter 754, Health and
Safety Code;
(16) the installation, maintenance, alteration, or
repair of equipment or network facilities provided or utilized by a
cable operator, as that term is defined by 47 U.S.C. Section 522, as
amended;
(17) the location, design, construction, extension,
maintenance, and installation of on-site sewage disposal systems in
accordance with Chapter 366, Health and Safety Code, or an on-site
sewage facility installer licensed under Chapter 37, Water Code;
(18) electrical work performed on a building,
structure, or equipment in agricultural use as defined by Section
11.002, Water Code, other than the processing of an agricultural
commodity;
(19) the installation, maintenance, alteration, or
repair of well pumps and equipment in accordance with Chapter 1902;
(20) electrical work required for the construction and
assembly of HUD-code manufactured housing or modular housing and
building units, other than the installation of service entrance
conductors, that is performed by a licensed manufacturer or
installer under Chapter 1201 or 1202, as applicable, if work
performed is within the scope of the license as defined by
applicable statutes and administrative rules; [and]
(21) work performed by a plumber who holds a license or
endorsement or is registered under Chapter 1301 that is necessary
to install, service, maintain, repair, or replace any type of
plumbing fixture or appliance, as described by Section 1301.002(7),
including a water heater, food disposer, garbage disposal, water
softener, dishwashing machine, and clothes washing machine on
existing electrical circuits only; and
(22) [. (21)] the maintenance or repair of a
residential appliance by a residential appliance dealer or
manufacturer or a person authorized by a residential appliance
dealer or manufacturer using only components of the same type and
ampacity as the original components.
SECTION 17.003. Section 1702.323(c), Occupations Code, as
amended by Chapters 663 (H.B. 1241) and 906 (H.B. 2833), Acts of the
80th Legislature, Regular Session, 2007, and Section
1702.323(c-1), Occupations Code, as added by Chapter 663 (H.B.
1241), Acts of the 80th Legislature, Regular Session, 2007, are
reenacted to read as follows:
(c) The security department of a private business may not
hire or employ an individual to perform a duty described by Section
1702.222 if the individual has been convicted of a crime that would
otherwise preclude the individual from being registered under this
chapter. The private business shall maintain the individual’s
criminal history record on file at the business and shall make the
record available for inspection by the Department of Public Safety.
(c-1) Although the security department of a private
business that hires or employs an individual as a private security
officer to possess a firearm in the course and scope of the
individual’s duties is required to apply for a security officer
commission for the individual under this chapter, the security
department of a private business is not required to apply to the
board for any license under this chapter.
SECTION 17.004. Section 1951.254(f), Occupations Code, as
amended by Chapters 885 (H.B. 2278) and 890 (H.B. 2458), Acts of the
80th Legislature, Regular Session, 2007, is reenacted to read as
follows:
(f) The information sheet must include:
(1) the names and telephone numbers of the department
and the Department of State Health Services;
(2) the telephone number of any pesticide hotline
established by a state or federal agency or by a state university;
(3) a statement of a consumer’s rights under Chapter
601, Business & Commerce Code, to cancel a home solicitation
transaction; and
(4) information concerning the availability of any
pretreatment inspection service that may be provided by the
department under Section 1951.210.
ARTICLE 18. CHANGES RELATING TO PARKS AND WILDLIFE CODE
SECTION 18.001. Section 12.117, Parks and Wildlife Code, is
amended to add a heading to read as follows:
Sec. 12.117. JUSTICE COURT TO PROVIDE AFFIDAVITS CERTIFYING
CERTAIN CONVICTIONS AND OTHER INFORMATION. (a) If a person is
convicted in a justice court for violating a provision of this code
or a proclamation or regulation adopted under this code that
provides enhanced penalties for subsequent convictions, the court
on request shall submit to the department an affidavit certifying
the conviction. Along with such affidavit the court shall also
compile and send to the department the defendant’s driver’s license
number and copies of any photograph, picture, description, or
measurement of the defendant made by any law enforcement agency in
connection with the offense.
(b) A certified copy of such affidavit and documents
pursuant to Subsection (a) of this section is admissible as
evidence in a criminal proceeding to prove that a particular person
was convicted of the offense to which the documents pertain if the
court finds that 15 days before trial, the party against whom the
evidence is offered was provided a copy of the document offered as
evidence.
ARTICLE 19. CHANGES RELATING TO PENAL CODE
SECTION 19.001. Section 25.07(a), Penal Code, as amended by
Chapters 66 (S.B. 584) and 1113 (H.B. 3692), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(a) A person commits an offense if, in violation of a
condition of bond set in a family violence case and related to the
safety of the victim or the safety of the community, an order issued
under Article 17.292, Code of Criminal Procedure, an order issued
under Section 6.504, Family Code, Chapter 83, Family Code, if the
temporary ex parte order has been served on the person, or Chapter
85, Family Code, or an order issued by another jurisdiction as
provided by Chapter 88, Family Code, the person knowingly or
intentionally:
(1) commits family violence or an act in furtherance
of an offense under Section 22.011, 22.021, or 42.072;
(2) communicates:
(A) directly with a protected individual or a
member of the family or household in a threatening or harassing
manner;
(B) a threat through any person to a protected
individual or a member of the family or household; or
(C) in any manner with the protected individual
or a member of the family or household except through the person’s
attorney or a person appointed by the court, if the violation is of
an order described by this subsection and the order prohibits any
communication with a protected individual or a member of the family
or household;
(3) goes to or near any of the following places as
specifically described in the order or condition of bond:
(A) the residence or place of employment or
business of a protected individual or a member of the family or
household; or
(B) any child care facility, residence, or school
where a child protected by the order or condition of bond normally
resides or attends; or
(4) possesses a firearm.
SECTION 19.002. Section 32.51(b), Penal Code, as amended by
Chapters 631 (H.B. 649), 1163 (H.B. 126), and 1173 (H.B. 460), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted to
read as follows:
(b) A person commits an offense if the person, with the
intent to harm or defraud another, obtains, possesses, transfers,
or uses an item of:
(1) identifying information of another person without
the other person’s consent;
(2) information concerning a deceased natural person,
including a stillborn infant or fetus, that would be identifying
information of that person were that person alive, if the item of
information is obtained, possessed, transferred, or used without
legal authorization; or
(3) identifying information of a child younger than 18
years of age.
SECTION 19.003. Section 39.04(b), Penal Code, as amended by
Chapters 263 (S.B. 103) and 378 (S.B. 563), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(b) An offense under Subsection (a)(1) is a Class A
misdemeanor. An offense under Subsection (a)(2) is a state jail
felony, except that an offense under Subsection (a)(2) is a felony
of the second degree if the offense is committed against:
(1) an [the] individual [is] in the custody of the
Texas Youth Commission; or
(2) a juvenile offender detained in or committed to a
correctional facility the operation of which is financed primarily
with state funds.
SECTION 19.004. Section 46.15(a), Penal Code, as amended by
Chapters 1214 (H.B. 1889) and 1222 (H.B. 2300), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(a) Sections 46.02 and 46.03 do not apply to:
(1) peace officers or special investigators under
Article 2.122, Code of Criminal Procedure, and neither section
prohibits a peace officer or special investigator from carrying a
weapon in this state, including in an establishment in this state
serving the public, regardless of whether the peace officer or
special investigator is engaged in the actual discharge of the
officer’s or investigator’s duties while carrying the weapon;
(2) parole officers and neither section prohibits an
officer from carrying a weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer’s duties while carrying the weapon; and
(B) in compliance with policies and procedures
adopted by the Texas Department of Criminal Justice regarding the
possession of a weapon by an officer while on duty;
(3) community supervision and corrections department
officers appointed or employed under Section 76.004, Government
Code, and neither section prohibits an officer from carrying a
weapon in this state if the officer is:
(A) engaged in the actual discharge of the
officer’s duties while carrying the weapon; and
(B) authorized to carry a weapon under Section
76.0051, Government Code;
(4) a judge or justice of a federal court, the supreme
court, the court of criminal appeals, a court of appeals, a district
court, a criminal district court, a constitutional county court, a
statutory county court, a justice court, or a municipal court who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code;
(5) an honorably retired peace officer or federal
criminal investigator who holds a certificate of proficiency issued
under Section 1701.357, Occupations Code, and is carrying a photo
identification that:
(A) verifies that the officer honorably retired
after not less than 15 years of service as a commissioned officer;
and
(B) is issued by a state or local law enforcement
agency;
(6) a district attorney, criminal district attorney,
county attorney, or municipal attorney who is licensed to carry a
concealed handgun under Subchapter H, Chapter 411, Government Code;
[or]
(7) an assistant district attorney, assistant
criminal district attorney, or assistant county attorney who is
licensed to carry a concealed handgun under Subchapter H, Chapter
411, Government Code; or
(8) [(7)] a bailiff designated by an active judicial
officer as defined by Section 411.201, Government Code, who is:
(A) licensed to carry a concealed handgun under
Chapter 411, Government Code; and
(B) engaged in escorting the judicial officer.
SECTION 19.005. Section 46.15(b), Penal Code, as amended by
Chapters 647 (H.B. 964), 693 (H.B. 1815), and 1048 (H.B. 2101), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted to
read as follows:
(b) Section 46.02 does not apply to a person who:
(1) is in the actual discharge of official duties as a
member of the armed forces or state military forces as defined by
Section 431.001, Government Code, or as a guard employed by a penal
institution;
(2) is traveling;
(3) is engaging in lawful hunting, fishing, or other
sporting activity on the immediate premises where the activity is
conducted, or is en route between the premises and the actor’s
residence or motor vehicle, if the weapon is a type commonly used in
the activity;
(4) holds a security officer commission issued by the
Texas Private Security Board, if the person:
(A) is engaged in the performance of the person’s
duties as an officer commissioned under Chapter 1702, Occupations
Code, or is traveling to or from the person’s place of assignment;
and

(B) is either:
(i) wearing the officer’s uniform and
carrying the officer’s weapon in plain view; or
(ii) acting as a personal protection
officer and carrying the person’s security officer commission and
personal protection officer authorization;
(5) is carrying a concealed handgun and a valid
license issued under Subchapter H, Chapter 411, Government Code, to
carry a concealed handgun of the same category as the handgun the
person is carrying;
(6) holds an alcoholic beverage permit or license or
is an employee of a holder of an alcoholic beverage permit or
license if the person is supervising the operation of the permitted
or licensed premises; or
(7) is a student in a law enforcement class engaging in
an activity required as part of the class, if the weapon is a type
commonly used in the activity and the person is:
(A) on the immediate premises where the activity
is conducted; or
(B) en route between those premises and the
person’s residence and is carrying the weapon unloaded.
ARTICLE 20. CHANGES RELATING TO PROPERTY CODE
SECTION 20.001. Section 5.008(b), Property Code, as amended
by Chapters 448 (H.B. 271), 1051 (H.B. 2118), and 1256 (H.B. 2819),
Acts of the 80th Legislature, Regular Session, 2007, is reenacted
and amended to read as follows:
(b) The notice must be executed and must, at a minimum, read
substantially similar to the following:
SELLER’S DISCLOSURE NOTICE
CONCERNING THE PROPERTY AT___________________________________
(Street Address and City)

THIS NOTICE IS A DISCLOSURE OF SELLER’S KNOWLEDGE
OF THE CONDITION OF THE PROPERTY AS OF THE DATE SIGNED
BY SELLER AND IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
OR WARRANTIES THE PURCHASER MAY WISH TO OBTAIN. IT IS
NOT A WARRANTY OF ANY KIND BY SELLER OR SELLER’S
AGENTS.
Seller __ is __ is not occupying the Property.
If unoccupied, how long since Seller has occupied the Property?
________________________________________________________________
1. The Property has the items checked below:
Write Yes (Y), No (N), or Unknown (U).

__ Range __ Oven __ Microwave

__ Dishwasher __ Trash Compactor __ Disposal

__ Washer/Dryer __ Window __ Rain Gutters

Hookups Screens

__ Security __ Fire Detection __ Intercom

System Equipment System

__ Smoke Detector

__ Smoke Detector –

Hearing Impaired

__ Carbon Monoxide

Alarm

__ Emergency Escape

Ladder(s)

__ TV Antenna __ Cable TV __ Satellite

Wiring Dish

__ Ceiling Fan(s) __ Attic Fan(s) __ Exhaust

Fan(s)

__ Central A/C __ Central Heating __ Wall/Window

Air

Conditioning

__ Plumbing System __ Septic System __ Public Sewer

System

__ Patio/Decking __ Outdoor Grill __ Fences

__ Pool __ Sauna __ Spa

__ Hot Tub

__ Pool Equipment __ Pool Heater __ Automatic Lawn

Sprinkler

System

__ Fireplace(s) & __ Fireplace(s) &

Chimney Chimney

(Woodburning) (Mock)

__ Gas Lines __ Gas Fixtures

(Nat./LP)

Garage: __ Attached __ Not Attached __ Carport

Garage Door Opener(s): __ Electronic __ Control(s)

Water Heater: __ Gas __ Electric

Water Supply: __ City __ Well __ MUD __ Co-op
Roof Type: ________________________________Age: _____(approx)
Are you (Seller) aware of any of the above items that are not in
working condition, that have known defects, or that are in need of
repair? __ Yes __ No __ Unknown.
If yes, then describe. (Attach additional sheets if necessary):
________________________________________________________________
________________________________________________________________
2. Does the property have working smoke detectors installed in
accordance with the smoke detector requirements of Chapter 766,
Health and Safety Code? __Yes __No __Unknown.
If the answer to the question above is no or unknown, explain.
(Attach additional sheets if necessary): ________________________
________________________________________________________________
________________________________________________________________
3. Are you (Seller) aware of any known defects/malfunctions in any
of the following?
Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Interior Walls __ Ceilings __ Floors

__ Exterior Walls __ Doors __ Windows

__ Roof __ Foundation/ __ Basement

Slab(s)

__ Walls/Fences __ Driveways __ Sidewalks

__ Plumbing/Sewers/ __ Electrical __ Lighting

Septics Systems Fixtures
__ Other Structural Components (Describe):____________________
________________________________________________________________
________________________________________________________________
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
4. Are you (Seller) aware of any of the following conditions?
Write Yes (Y) if you are aware, write No (N) if you are not aware.

__ Active Termites __ Previous Structural

(includes or Roof Repair

wood-destroying insects)

__ Termite or Wood Rot Damage __ Hazardous or Toxic Waste

Needing Repair

__ Previous Termite Damage __ Asbestos Components

__ Previous Termite __ Urea formaldehyde

Treatment Insulation

__ Previous Flooding __ Radon Gas

__ Improper Drainage __ Lead Based Paint

__ Water Penetration __ Aluminum Wiring

__ Located in 100-Year __ Previous Fires

Floodplain

__ Present Flood Insurance __ Unplatted Easements

Coverage

__ Landfill, Settling, Soil __ Subsurface

Movement, Fault Lines Structure or Pits

__ Previous Use of

Premises for

Manufacture of

Methamphetamine
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
5. Are you (Seller) aware of any item, equipment, or system in or
on the property that is in need of repair? __ Yes (if you are
aware) __ No (if you are not aware). If yes, explain (attach
additional sheets as necessary)._________________________________
6. Are you (Seller) aware of any of the following?
Write Yes (Y) if you aware, write No (N) if you are not aware.

__ Room additions, structural modifications, or other alterations or repairs made without necessary permits or not in compliance with building codes in effect at that time.

__ Homeowners’ Association or maintenance fees or assessments.

__ Any “common area” (facilities such as pools, tennis courts, walkways, or other areas) co-owned in undivided interest with others.

__ Any notices of violations of deed restrictions or governmental ordinances affecting the condition or use of the Property.

__ Any lawsuits directly or indirectly affecting the Property.

__ Any condition on the Property which materially affects the physical health or safety of an individual.
If the answer to any of the above is yes, explain. (Attach
additional sheets if necessary):_____________________________
________________________________________________________________
________________________________________________________________
7 [6]. If the property is located in a coastal area that is seaward
of the Gulf Intracoastal Waterway or within 1,000 feet of the mean
high tide bordering the Gulf of Mexico, the property may be subject
to the Open Beaches Act or the Dune Protection Act (Chapter 61 or
63, Natural Resources Code, respectively) and a beachfront
construction certificate or dune protection permit may be required
for repairs or improvements. Contact the local government with
ordinance authority over construction adjacent to public beaches
for more information.

_______________________________________________________
Date Signature of Seller
The undersigned purchaser hereby acknowledges receipt of the
foregoing notice and acknowledges the property complies with the
smoke detector requirements of Chapter 766, Health and Safety Code,
or, if the property does not comply with the smoke detector
requirements of Chapter 766, the buyer waives the buyer’s rights to
have smoke detectors installed in compliance with Chapter 766.
_______________________________________________________
Date Signature of Purchaser
SECTION 20.002. Section 5.014(a), Property Code, is amended
to correct references to read as follows:
(a) A seller of residential real property that is located in
a public improvement district established under Subchapter A,
Chapter 372, Local Government Code, or Chapter 382, Local
Government Code, and that consists of not more than one dwelling
unit located in this state shall give to the purchaser of the
property a written notice that reads substantially similar to the
following:
NOTICE OF OBLIGATION TO PAY PUBLIC IMPROVEMENT DISTRICT ASSESSMENT
TO (municipality or county levying assessment) CONCERNING THE
PROPERTY AT (street address)
As a purchaser of this parcel of real property you are
obligated to pay an assessment to a municipality or county for an
improvement project undertaken by a public improvement district
under Subchapter A, Chapter 372, Local Government Code, or Chapter
382, Local Government Code. The assessment may be due annually or
in periodic installments. More information concerning the amount
of the assessment and the due dates of that assessment may be
obtained from the municipality or county levying the assessment.
The amount of the assessments is subject to change. Your
failure to pay the assessments could result in a lien on and the
foreclosure of your property.
Date: __________________ ________________________________
Signature of Purchaser
SECTION 20.003. Section 12.0011(c), Property Code, is
amended to correct a reference to read as follows:
(c) An original signature may not be required for an
electronic instrument or other document that complies with the
requirements of Chapter 15 of this code, Chapter 195, Local
Government Code, Chapter 322 [43], Business & Commerce Code, or
other applicable law.
SECTION 20.004. Section 204.003, Property Code, as amended
by Chapters 767 (H.B. 3518) and 1367 (H.B. 3674), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
Sec. 204.003. APPLICATION OF PROVISIONS OF RESTRICTIVE
COVENANTS IN CERTAIN CIRCUMSTANCES. (a) An express designation in
a document creating restrictions applicable to a residential real
estate subdivision that provides for the extension of, addition to,
or modification of existing restrictions by a designated number of
owners of real property in the subdivision prevails over the
provisions of this chapter.
(b) Notwithstanding Subsection (a), for a residential
subdivision described by Subsection (c), the provisions of this
chapter prevail over an express designation in a document described
by Subsection (a) if:
(1) the designated number of owners of real property
in the subdivision required for approval of an extension of,
addition to, or modification of the document is more than 75
percent; or
(2) the designation prohibits the extension of,
addition to, or modification of an existing restriction for a
certain time period and that time period has not expired.
(c) Subsection (b) applies to a residential subdivision
that is located in a county described by Section 204.002(a)(3)
other than a gated community with private streets.
(d) [(b)] A document creating restrictions that provides
for the extension or renewal of restrictions and does not provide
for modification or amendment of restrictions may be modified under
this chapter, including modifying the provision that provides for
extension or renewal of the restrictions.
ARTICLE 21. CHANGES RELATING TO SPECIAL DISTRICT
LOCAL LAWS
PART A. CHANGES AFFECTING VARIOUS SPECIAL DISTRICTS
SECTION 21.001. Section 1013.054(a), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(a) Each director shall qualify for office by executing
[execute] a good and sufficient bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director’s duties.
SECTION 21.002. Section 1022.102, Special District Local
Laws Code, is amended to conform more closely to the source law from
which the section was derived to read as follows:
Sec. 1022.102. RESTRICTION ON POLITICAL SUBDIVISION
TAXATION AND DEBT. A political subdivision of this state, other
than the district, may not impose a tax or issue bonds or other
obligations for hospital purposes or to provide medical care in the
district.
SECTION 21.003. Section 1023.301, Special District Local
Laws Code, is amended to conform more closely to the source law from
which the section was derived by adding Subsection (c-1) to read as
follows:
(c-1) The election shall be called not later than the 60th
day after the date the petition is presented to the district.
SECTION 21.004. Section 1025.051, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.051. BOARD ELECTION; TERM. The district is
governed by a board of seven directors elected at large by place for
staggered three-year terms. A director’s election shall be held
each year on the May uniform election date prescribed by Section
41.001, Election Code. [(a) The board consists of seven directors
elected from the district at large.
[(b) Directors serve staggered two-year terms unless
four-year terms are established under Section 285.081, Health and
Safety Code.]
SECTION 21.005. Section 1025.052, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.052. NOTICE OF ELECTION. Notice [At least 30 days
before the date] of an election of directors[, notice of the
election] shall be published one time in a newspaper or newspapers
that individually or collectively have general circulation in the
district in accordance with Section 4.003, Election Code.
SECTION 21.006. Section 1025.053, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.053. BALLOT APPLICATION [PETITION]. A person who
wants to have the person’s name printed on the ballot as a candidate
for director must file an application with the board secretary in
accordance with Chapter 144, Election Code [a petition requesting
that action. The petition must be:
[(1) signed by at least 10 voters; and
[(2) filed at least 30 days before the date of the
election].
SECTION 21.007. Section 1025.058, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.058. QUORUM. Any four [five] directors
constitute a quorum.
SECTION 21.008. Section 1025.059, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.059. VOTING REQUIREMENT. A concurrence of four
[five] directors is sufficient in any matter relating to district
business.
SECTION 21.009. (a) Section 1025.060(c), Special District
Local Laws Code, is amended to conform to Section 2, Chapter 792,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(c) The district administrator serves [and any assistant
administrator serve] at the will of the board and is [are] entitled
to the compensation determined by the board.
(b) Sections 1025.060(b) and (d), Special District Local
Laws Code, are repealed to conform to Section 2, Chapter 792, Acts
of the 80th Legislature, Regular Session, 2007.
SECTION 21.010. Section 1025.110, Special District Local
Laws Code, is amended to conform to Section 5, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.110. CONSTRUCTION CONTRACTS. A construction
contract that involves an [the] expenditure of more than the amount
provided by Section 271.024, Local Government Code, may be made
only after competitive bidding as provided by Subchapter B, Chapter
271 [$10,000 may be made only after advertising in the manner
provided by Chapter 252 and Subchapter C, Chapter 262], Local
Government Code.
SECTION 21.011. Section 1025.113, Special District Local
Laws Code, is amended to conform to Section 2, Chapter 792, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 1025.113. CONTRACTS WITH GOVERNMENTAL ENTITIES FOR
INVESTIGATORY OR OTHER SERVICES. The board may contract with a
political subdivision or governmental agency for the district to
provide investigatory or other services regarding [as to] the
medical, hospital, or welfare needs of district inhabitants.
SECTION 21.012. Subchapter C, Chapter 1025, Special
District Local Laws Code, is amended to conform to Section 3,
Chapter 792, Acts of the 80th Legislature, Regular Session, 2007,
by adding Section 1025.1145 to read as follows:
Sec. 1025.1145. NONPROFIT CORPORATION. (a) The district
may create and sponsor a nonprofit corporation under the Business
Organizations Code and may contribute money to or solicit money for
the corporation.
(b) The corporation may use money contributed by the
district only to provide health care or other services the district
is authorized to provide under this chapter.
(c) The corporation may enter into a joint venture with any
public or private entity or individual to provide health care or
other services the district is authorized to provide under this
chapter.
(d) The corporation may invest the corporation’s money in
any manner in which the district may invest the district’s money,
including investing money as authorized by Chapter 2256, Government
Code.
(e) The board shall establish controls to ensure that the
corporation uses its money as required by this section.
SECTION 21.013. Chapter 1025, Special District Local Laws
Code, is amended to conform to Section 7, Chapter 792, Acts of the
80th Legislature, Regular Session, 2007, and to correct a
typographical error by adding Subchapter G to read as follows:
SUBCHAPTER G. DISSOLUTION
Sec. 1025.301. DISSOLUTION; ELECTION. (a) The district
may be dissolved only on approval of a majority of the district
voters voting in an election held for that purpose.
(b) The board of directors may order an election on the
question of dissolving the district and disposing of the district’s
assets.
(c) The board shall order an election on dissolution if the
board receives a petition requesting an election that is signed by a
number of registered voters of the district equal to at least 20
percent of the registered voters in the district.
(d) An election on dissolution of the district shall be held
not later than the 62nd day after the date the election is ordered.
(e) The order calling the election must state:
(1) the nature of the election, including the
proposition to appear on the ballot;
(2) the date of the election;
(3) the hours during which the polls will be open; and
(4) the location of the polling places.
(f) Section 41.001, Election Code, does not apply to an
election ordered under this section.
Sec. 1025.302. NOTICE OF ELECTION. (a) The board shall
give notice of an election under this subchapter by publishing once
a week for two consecutive weeks a substantial copy of the election
order in a newspaper with general circulation in the district.
(b) The first publication must appear not later than the
35th day before the date set for the election.
Sec. 1025.303. BALLOT. The ballot for an election under
this subchapter shall be printed to permit voting for or against the
proposition: “The dissolution of the Electra County Hospital
District.”
Sec. 1025.304. ELECTION RESULTS. (a) If a majority of the
votes in an election under this subchapter favor dissolution, the
board shall order that the district be dissolved.
(b) If a majority of the votes in the election do not favor
dissolution, the board shall continue to administer the district
and another election on the question of dissolution may not be held
before the first anniversary of the date of the most recent election
to dissolve the district.
Sec. 1025.305. TRANSFER OR ADMINISTRATION OF ASSETS.
(a) If a majority of the votes in an election under this subchapter
favor dissolution, the board shall:
(1) transfer to Wichita County or another governmental
entity in Wichita County the land, buildings, improvements,
equipment, and other assets that belong to the district; or
(2) administer the property, assets, and debts until
all money has been disposed of and all district debts have been paid
or settled.
(b) If the board makes the transfer under Subsection (a)(1),
the county or entity assumes all debts and obligations of the
district at the time of the transfer, and the district is dissolved.
(c) If the board does not make the transfer under Subsection
(a)(1), the district is dissolved when all district money is
disposed of and all district debts are paid or settled.
Sec. 1025.306. IMPOSITION OF TAX AND RETURN OF SURPLUS
TAXES. (a) After the board finds that the district is dissolved,
the board shall:
(1) determine the debt owed by the district; and
(2) impose on the property included in the district’s
tax rolls a tax that is in proportion of the debt to the property
value.
(b) On the payment of all outstanding debts and obligations
of the district, the board shall order the secretary to return to
each district taxpayer the taxpayer’s pro rata share of all unused
tax money. A taxpayer may request that the taxpayer’s share of
surplus tax money be credited to the taxpayer’s county taxes. If a
taxpayer requests the credit, the board shall direct the secretary
to transmit the funds to the county tax assessor-collector.
Sec. 1025.307. REPORT; DISSOLUTION ORDER. (a) After the
district has paid all its debts and has disposed of all its assets
and money as prescribed by this subchapter, the board shall file a
written report with the Commissioners Court of Wichita County
summarizing the board’s actions in dissolving the district.
(b) Not later than the 10th day after the date the
Commissioners Court of Wichita County receives the report and
determines that the requirements of this subchapter have been
fulfilled, the commissioners court shall enter an order dissolving
the district and releasing the board from any further duty or
obligation.
SECTION 21.014. Section 1027.301, Special District Local
Laws Code, is amended to conform more closely to the source law from
which the section was derived by adding Subsection (c-1) to read as
follows:
(c-1) The election shall be called not later than the 60th
day after the date the petition is presented to the district.
SECTION 21.015. Section 1033.053(a), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(a) Each director shall qualify for office by executing
[execute] a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director’s duties.
SECTION 21.016. Section 1042.052(a), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(a) Each appointed director shall qualify for office by
executing [execute] a good and sufficient commercial bond for
$1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director’s duties.
SECTION 21.017. Section 1043.301, Special District Local
Laws Code, is amended to conform more closely to the source law from
which the section was derived by adding Subsection (c-1) to read as
follows:
(c-1) The election shall be called not later than the 60th
day after the date the petition is presented to the board.
SECTION 21.018. Section 1049.053(a), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(a) Each director shall qualify for office by executing
[execute] a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director’s duties.
SECTION 21.019. Subchapter B, Chapter 1054, Special
District Local Laws Code, is amended to conform to Chapter 115, Acts
of the 80th Legislature, Regular Session, 2007, by adding Section
1054.0565 to read as follows:
Sec. 1054.0565. REMOVAL OF DIRECTOR. (a) It is a ground
for removal from the board that a director:
(1) is absent from more than three-fourths of the
regularly scheduled board meetings that the director is eligible to
attend during a calendar year without an excuse approved by a
majority vote of the board; or
(2) fails to timely pay a federal, state, or local tax,
including an ad valorem tax.
(b) The validity of an action of the board is not affected by
the fact that it is taken when a ground for removal of a director
exists.
(c) If the administrator or manager of the hospital district
has knowledge that a potential ground for removal exists, the
administrator or manager shall notify the president of the board of
the potential ground. The president shall then notify the county
attorney and district attorney that a potential ground for removal
exists and request that the county or district attorney bring an
action in the nature of quo warranto under Chapter 66, Civil
Practice and Remedies Code, as appropriate. If the potential
ground for removal involves the president, the administrator or
manager shall notify the vice president of the board, who shall then
notify the county attorney and district attorney that a potential
ground for removal exists and request an action in the nature of quo
warranto.

SECTION 21.020. Section 1060.054(a), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(a) Each director shall qualify for office by executing
[execute] a good and sufficient commercial bond for $1,000 that is:
(1) payable to the district; and
(2) conditioned on the faithful performance of the
director’s duties.
SECTION 21.021. Section 3503.1015, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3503.1015. ADDITIONAL POWERS OF OTHER ENTITIES; BONDS.
The authority may exercise the powers given to:
(1) the governing body of a “unit,” as defined by
Section 501.002(17), Local Government Code [2, Development
Corporation Act of 1979 (Article 5190.6, Vernon’s Texas Civil
Statutes)], and may issue district bonds for a purpose specified by
Subtitle C1, Title 12, Local Government Code [that Act];
(2) an emergency services district under Chapter 775,
Health and Safety Code; or
(3) a rural or urban transit district under Chapter
458, Transportation Code.
SECTION 21.022. Section 3828.101, Special District Local
Laws Code, is amended to correct a reference to read as follows:
Sec. 3828.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code, except that
the district’s bonds and other securities are not subject to the
jurisdiction or supervision of the commission under Chapter 49,
Water Code, or other law;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code;
(3) Chapter 372 or 382, Local Government Code, in the
same manner as a municipality or a county;
(4) Chapter 375, Local Government Code; and
(5) Chapter 505, Local Government Code.
SECTION 21.023. Section 3828.151, Special District Local
Laws Code, is amended to correct a reference to read as follows:
Sec. 3828.151. GENERAL POWERS REGARDING FINANCIAL MATTERS.
The district may:
(1) impose an ad valorem tax in accordance with
Chapter 375, Local Government Code, on all taxable property in the
district;
(2) impose an assessment or impact fee in the manner
provided for a municipality or county under Chapter 372 or 382,
Local Government Code, on all industrial, commercial, and
residential property in the district;
(3) impose and apply the proceeds from a sales and use
tax, and a hotel occupancy tax, as authorized by this chapter;
(4) impose a rate, fee, or charge for the use of an
improvement project or the consumption of a product resulting from
an improvement project;
(5) borrow money for a district purpose by issuing or
executing bonds, notes, credit agreements, or other obligations of
any kind found by the board to be necessary or appropriate for the
district purpose;
(6) establish, revise, repeal, enforce, collect, and
apply the proceeds from a user fee or charge for the enjoyment,
sale, rental, or other use of a district facility, service,
property, or improvement project;
(7) provide or secure the payment or repayment of the
costs and expenses of the establishment, administration, and
operation of the district and the district’s costs or share of the
costs of an improvement project or district contractual obligation
or indebtedness by or through a lease, installment purchase
contract, or other agreement with any person, or the imposition of
taxes, user fees, concessions, rentals, or other revenues or
resources of the district;
(8) establish user charges related to the operation of
various public services, including public water supply services,
for the collection and treatment of wastewater, and for the
operation of storm-water facilities, including the regulation of
storm water for the protection of water quality in the district, and
for the provision of septic tank maintenance services inside and
outside the district;
(9) undertake separately or jointly with other persons
all or part of the cost of an improvement project, including an
improvement project:
(A) for improving, enhancing, and supporting
public safety and security, fire protection and emergency medical
services, and law enforcement in and adjacent to the district; or
(B) that confers a general benefit on the entire
district or a special benefit on a definable part of the district;
and
(10) enter into a tax abatement agreement in
accordance with the general laws of this state authorizing and
applicable to tax abatement agreements by municipalities.
SECTION 21.024. Section 3828.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) The district may impose an impact fee or assessment,
including an impact fee or assessment on residential property, only
in the manner provided by Chapter 372 or 382, Local Government Code,
for a municipality, county, or public improvement district,
according to the benefit received by the property.
SECTION 21.025. Section 3839.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3839.101. INDUSTRIAL DEVELOPMENT CORPORATION POWERS.
The district may exercise the powers given to an industrial
development corporation under Chapter 505, Local Government Code
[Section 4B, Development Corporation Act of 1979 (Article 5190.6,
Vernon’s Texas Civil Statutes)], including the power to own,
operate, acquire, construct, lease, improve, or maintain a project
described by that chapter [section].
SECTION 21.026. Section 3840.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3840.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) an economic development corporation under Chapter
505, Local Government Code [Section 4B, Development Corporation Act
of 1979 (Article 5190.6, Vernon’s Texas Civil Statutes)], including
the power to own, operate, acquire, construct, lease, improve, or
maintain a project described by that chapter [section];
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district; and
(3) a sports facility district under Chapter 325,
Local Government Code.
SECTION 21.027. Section 3842.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3842.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation under Chapter 505, Local Government
Code [Section 4B, Development Corporation Act of 1979 (Article
5190.6, Vernon’s Texas Civil Statutes)], including the power to
own, operate, acquire, construct, lease, improve, or maintain a
project described by that chapter [section]; and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
SECTION 21.028. Section 3846.001, Special District Local
Laws Code, is amended to conform to Sections 9 and 11, Chapter 950,
Acts of the 80th Legislature, Regular Session, 2007, and to correct
a reference by adding Subdivisions (1-a), (1-b), and (3) to read as
follows:
(1-a) “Community venue project” or “venue project”
means a venue and related infrastructure that is planned, acquired,
established, developed, constructed, or renovated under this
chapter.
(1-b) “Development zone” means an economic
development zone created by the district under Subchapter F.
(3) “Venue” means a convention center facility or
related improvement such as a convention center, civic center,
civic center building, civic center hotel, auditorium, theater,
opera house, music hall, exhibition hall, rehearsal hall, park,
zoological park, museum, aquarium, or plaza.
SECTION 21.029. The heading to Subchapter D, Chapter 3846,
Special District Local Laws Code, is amended to conform to Chapter
950, Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
SUBCHAPTER D. SALES AND USE TAX; GENERAL FINANCIAL PROVISIONS
SECTION 21.030. Section 3846.152(b), Special District
Local Laws Code, is amended to conform to Section 3, Chapter 950,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(b) The board may not call an election to abolish a sales and
use tax or to reduce the rate of the sales and use tax below the
amount pledged to secure payment of any outstanding district debt
or contractual obligation while any district debt or contractual
obligation remains outstanding.
SECTION 21.031. Section 3846.156, Special District Local
Laws Code, is amended to conform to Section 6, Chapter 950, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 3846.156. ABOLITION OF LOCAL SALES AND USE TAX.
(a) Except as provided by Subsection (b), the [The] board by order
may abolish the local sales and use tax rate without an election.
(b) The board may not abolish the local sales and use tax
while any district debt or contractual obligation remains
outstanding if any sales and use tax revenue is pledged to secure
payment of the outstanding debt or obligation.
SECTION 21.032. Section 3846.158, Special District Local
Laws Code, is amended to conform to Section 5, Chapter 950, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 3846.158. EFFECTIVE DATE OF SALES AND USE TAX OR TAX
CHANGE. The adoption of a sales and use tax rate or a change in the
sales and use tax rate takes effect after the expiration of the
first complete calendar quarter occurring after the date on which
the comptroller receives a notice of the results of the election.
SECTION 21.033. Subchapter D, Chapter 3846, Special
District Local Laws Code, is amended to conform to Section 2,
Chapter 950, Acts of the 80th Legislature, Regular Session, 2007,
by adding Section 3846.1585 to read as follows:
Sec. 3846.1585. GENERAL AUTHORITY TO IMPOSE TAXES. The
district may impose for any district purpose any tax authorized by
this chapter.
SECTION 21.034. Section 3846.159, Special District Local
Laws Code, is amended to conform to Section 1, Chapter 950, Acts of
the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 3846.159. AD VALOREM TAX PROHIBITED; EXCEPTION.
Except as provided by Subchapter F, the [The] district may not
impose an ad valorem tax on property in the district.
SECTION 21.035. Section 3846.164(b), Special District
Local Laws Code, is amended to conform to Section 10, Chapter 950,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(b) In addition to the sources described in Subchapter J,
Chapter 375, Local Government Code, bonds issued by the district
may be secured and made payable, wholly or partly, by a pledge of
all or [any] part of the net proceeds the district receives from:
(1) a specified portion of not more than 75 percent
[one-half] of the maximum sales and use tax amount authorized under
Section 3846.152;
(2) a specified portion of not more than 90 percent of
the maximum sales and use tax imposed by a development zone;
(3) an ad valorem tax imposed by a development zone;
(4) a hotel occupancy tax;
(5) an event admissions tax;
(6) an event parking tax; and
(7) any other district revenue.
SECTION 21.036. Chapter 3846, Special District Local Laws
Code, is amended to conform to Section 9, Chapter 950, Acts of the
80th Legislature, Regular Session, 2007, by adding Subchapter F to
read as follows:
SUBCHAPTER F. ECONOMIC DEVELOPMENT ZONES
Sec. 3846.251. DEFINITIONS. In this subchapter:
(1) “Governing body” means the board of directors of a
development zone.
(2) “Project” means the development or construction of
a building, structure, facility, or other improvement on a parcel
or tract in a development zone, or an expansion, enlargement,
replacement, or relocation of a building, structure, facility, or
other improvement in a development zone. The term includes a
contractual obligation to reimburse a developer for money spent by
the developer in the construction, development, expansion,
enlargement, replacement, or relocation of a building, structure,
facility, or other improvement in a development zone.
Sec. 3846.252. NATURE OF DEVELOPMENT ZONE. A development
zone is a political and corporate body and a political subdivision
of the state, separate from the district.
Sec. 3846.253. DEVELOPMENT ZONES AUTHORIZED. The board, on
its own motion or on receipt of a petition signed by the owners of
all real property in a defined area of the district consisting of 25
or more contiguous acres of land, by resolution may create,
designate, describe, assign a name to, and appoint the governing
body for a development zone in the district to promote development
or redevelopment of the area, if the board finds that the creation
of the zone will further the public purposes of:
(1) the development and diversification of the economy
of the district and the state;
(2) the elimination of unemployment or
underemployment in the district and the state;
(3) the development or expansion of transportation or
commerce in the district and the state; or
(4) the promotion and stimulation of business,
commercial, and economic activity in the district and the state.
Sec. 3846.254. PRELIMINARY FINANCING PLAN REQUIRED. Before
designating a development zone, the board must prepare a
preliminary financing plan for the zone that includes:
(1) estimated project costs, including administrative
expenses;
(2) a description of the kind, number, and location of
all proposed improvement projects in the zone;
(3) the estimated amount of:
(A) bonded indebtedness to be incurred; or
(B) the financial obligation of any other
contractual obligation to be incurred;
(4) a description of the methods of financing and
expected sources of revenue to pay for the costs of proposed
improvement projects; and
(5) the projected duration of the zone.
Sec. 3846.255. RESTRICTION ON DEVELOPMENT ZONE IN
RESIDENTIAL AREA. A development zone may not be created if more
than 10 percent of the property in the proposed zone, other than
property that is publicly owned, is used or planned for use for
residential purposes. For purposes of this section, property is
used for residential purposes if the property is occupied by a house
that has fewer than five living units.
Sec. 3846.256. RESOLUTION REQUIRED. The resolution
designating an area as a development zone must:
(1) describe the boundaries of the zone sufficiently
to identify with reasonable certainty the territory included;
(2) provide an effective date for the creation of the
zone;
(3) provide a date for termination of the zone;
(4) assign a number to the name of the zone, which must
be “East Montgomery County Improvement District Economic
Development Zone No. ___”;
(5) adopt a preliminary financing plan for the zone;
(6) provide the number of directors of the governing
body of the zone, which must be at least five; and
(7) appoint the governing body for the zone or
authorize the board to serve ex officio as the governing body of the
zone.
Sec. 3846.257. CONFIRMATION ELECTION REQUIRED. Upon
approval by the board of a resolution designating an area as a
development zone, the district shall call a confirmation election
to confirm the establishment of the zone in the manner prescribed by
Section 49.102, Water Code.
Sec. 3846.258. DEVELOPMENT ZONE GOVERNING BODY. (a) A
member of the governing body who is not a district director shall be
appointed for a term of two years, except that the appointment of
the initial members of the governing body may provide for some terms
to be limited to one year in order to achieve staggered terms of
office. A member who is also a district director shall serve a term
concurrent with the director’s term on the district board.
(b) The district by appointment shall fill a vacancy on the
governing body of the zone for the unexpired portion of the term.
(c) A member of a governing body must be at least 18 years of
age, a citizen of the state, and a person described by Section
3846.053(b).
(d) A member of the board of directors of the district may be
appointed to the governing body.
(e) Each member must qualify for office by subscribing to
the constitutional oath of office for public officers and
furnishing a fidelity bond issued by a responsible surety in the
amount of $10,000 in favor of the development zone to secure
faithful performance of the member’s duties.
Sec. 3846.259. ORGANIZATIONAL MEETING OF DEVELOPMENT ZONE
GOVERNING BODY; OFFICERS. (a) Following appointment and
qualification, the governing body of the development zone shall
meet and organize by electing a president, a vice president, a
secretary-treasurer, and other officers the governing body
considers appropriate.
(b) If the governing body of the development zone is
composed entirely of directors of the district, each director of
the development zone holds the same office the director holds as a
director of the district.
Sec. 3846.260. DEVELOPMENT ZONE BOUNDARIES. The boundaries
of a development zone may be reduced or enlarged in the manner
provided by this subchapter for creation of a zone, except that the
boundaries may not be reduced to less than 25 contiguous acres. A
confirmation election is not required for an enlargement if:
(1) all landowners of the area proposed to be added
consent to the enlargement and the tax authorization in the zone;
and
(2) the enlarged area does not have any registered
voters who reside in the area.
Sec. 3846.261. PROJECT PLAN AND DEVELOPMENT ZONE FINANCING
PLAN REQUIRED. Subject to approval by resolution of the district
board, the governing body shall prepare and adopt, and may amend, a
project plan and a development zone financing plan for the
development zone.
Sec. 3846.262. FINANCING AND IMPLEMENTATION OF DEVELOPMENT
ZONE PROJECT PLAN. The governing body of a development zone may
exercise, or by order may delegate to the district, any powers and
duties relating to the financing and implementation of the project
plan for the zone, including the power and authority to:
(1) issue bonds or notes in the name of the zone in the
same manner as Chapter 375, Local Government Code, provides for a
municipal management district;
(2) impose an ad valorem tax, assessment, or other
charge in the zone, in the same manner as Chapter 375, Local
Government Code, provides for a municipal management district, and
as authorized by Section 3846.265 if the ad valorem tax has been
approved by the voters in the development zone at an election held
for that purpose; and
(3) impose a sales and use tax, as authorized by
Section 3846.264, if the sales and use tax has been approved by the
voters in the development zone at an election held for that purpose.
Sec. 3846.263. AGREEMENTS TO IMPLEMENT PLANS. (a) The
board and the governing body each may enter into any agreement
considered necessary or convenient to implement a project plan and
development zone financing plan and achieve their purposes.
(b) An agreement may provide for the regulation or
restriction of the use of land by imposing conditions,
restrictions, or covenants that run with the land.
(c) An agreement may provide that a restriction adopted by
the governing body continues in effect after the termination of the
development zone.
(d) The district and the development zone may agree that the
district will provide administration, management, investment,
accounting, and other services for the zone in consideration for an
administrative fee not to exceed five percent of the gross revenue
of the development zone and for the benefits received by the
district through the implementation of the project plan for the
zone. The district may pledge all or part of the proceeds of its
sales and use tax to secure and pay any bonds or other financial
obligations of a development zone on approval of the board subject
to Section 3846.164.
Sec. 3846.264. DEVELOPMENT ZONE SALES AND USE TAX. (a) If
approved at an election by a majority of the voters in the
development zone voting in an election held for that purpose, the
governing body may adopt or repeal a sales and use tax of not more
than two percent less the amount of the sales and use tax approved
by the district voters under Section 3846.151.
(b) An election on the adoption or repeal of the maximum
rate of sales and use tax may be held by the governing body as
provided by Section 3846.152 as applied to a development zone.
(c) An election to adopt the sales and use tax authorized by
this section may be held in conjunction with the confirmation
election described by Section 3846.257.
(d) After adoption at an election, the governing body may
impose any portion of the sales and use tax, in increments of not
less than one-eighth of one percent, for the benefit of the zone, by
order of the governing body.
(e) The sales and use tax is in addition to the limited sales
and use tax authorized and imposed by the district under Section
3846.151.
(f) If a political subdivision, including a municipality,
imposes a sales and use tax in the development zone, the sales and
use tax authorized by this section is reduced as of the date the
development zone authorized the sales and use tax so that the
combined total of all local sales and use taxes imposed in the
development zone does not exceed two percent.
(g) The sales and use tax becomes effective on the first day
of the calendar quarter following the date the comptroller receives
written notice of the imposition of the tax.
Sec. 3846.265. DEVELOPMENT ZONE PROPERTY TAX. (a) If
approved at an election by a majority of the voters in the
development zone voting in an election held for that purpose, the
governing body may authorize a tax on all taxable property in a
development zone created wholly or partly in the boundaries of East
Montgomery County Utility District No. 5, 6, or 7, or Valley Ranch
Municipal Utility District No. 1 at a rate not to exceed 10 cents on
each $100 valuation as determined by the Montgomery County
Appraisal District.
(b) The election may be held in conjunction with the
confirmation election held under Section 3846.257.
SECTION 21.037. Chapter 3846, Special District Local Laws
Code, is amended to conform to Section 11, Chapter 950, Acts of the
80th Legislature, Regular Session, 2007, by adding Subchapter G to
read as follows:
SUBCHAPTER G. COMMUNITY VENUES
Sec. 3846.301. VENUE PROJECTS AUTHORIZED. (a) The
district by resolution may provide for the planning, acquisition,
establishment, development, construction, or renovation of a venue
project.
(b) The resolution must designate each venue project and
each method of financing authorized by this chapter that the
district intends to use to finance a project. A resolution may
designate more than one method of financing.
(c) The district may contract with a public or private
person to plan, acquire, establish, develop, construct, or renovate
a venue project.

Sec. 3846.302. VENUE PROJECT FUND. (a) The district shall
establish by resolution a fund known as the community venue project
fund. The district shall establish separate accounts in the fund
for the various revenue sources.
(b) The district shall deposit into the community venue
project fund:
(1) the proceeds of any tax imposed by the district
under Subchapters H and I;
(2) all revenue from the sale of bonds or other
obligations by the district under this chapter; and
(3) any other money required by law to be deposited in
the fund.
(c) The district may use money in the community venue
project fund to:
(1) reimburse or pay the costs of planning, acquiring,
establishing, developing, constructing, or renovating one or more
venue projects in the district;
(2) pay the principal of, interest on, and other costs
relating to bonds or other obligations issued by the district to
refund bonds, notes, or other obligations;
(3) pay the costs of operating or maintaining one or
more venue projects; or
(4) pay the administrative costs of the district
associated with the operation and administration of one or more
venue projects.
(d) Money deposited into the community venue project fund is
the property of the district.
Sec. 3846.303. BONDS AND OTHER OBLIGATIONS FOR VENUE
PROJECTS. The district may issue bonds, including revenue bonds
and refunding bonds, or other obligations to pay the costs of the
venue project.
SECTION 21.038. Chapter 3846, Special District Local Laws
Code, is amended to conform to Section 12, Chapter 950, Acts of the
80th Legislature, Regular Session, 2007, by adding Subchapter H to
read as follows:
SUBCHAPTER H. EVENT ADMISSIONS TAX
Sec. 3846.351. EVENT ADMISSIONS TAX AUTHORIZED. (a) The
district by order may impose a tax on each ticket sold as admission
to an event held at a venue project in the district for which the
district has issued bonds or undertaken a contractual obligation to
reimburse costs expended to plan, acquire, establish, develop,
construct, or renovate the venue project.
(b) The district may not impose the tax for admission to an
event at a venue that is not a community venue project or for which
the district has not issued bonds or entered into a contractual
obligation to reimburse costs expended to plan, acquire, establish,
develop, construct, or renovate the venue project.
(c) The district may impose the tax only if a venue project
is or will be located in the district.
Sec. 3846.352. EVENT ADMISSIONS TAX RATE. (a) The tax
authorized by this subchapter is imposed at the tax rate on each
ticket sold as admission to an event held at a venue.
(b) The amount of the tax may be imposed at any uniform
percentage not to exceed 10 percent of the price of the ticket sold
as admission to an event held at a venue.
(c) The district by order may increase, repeal, or decrease
the rate of the tax.
Sec. 3846.353. COLLECTION OF EVENT ADMISSIONS TAX.
(a) The district by order may require the owner or lessee of a
venue project in the district to collect a tax imposed under this
subchapter for the benefit of the district.
(b) An owner or lessee required to collect the tax shall add
the tax to the admissions price, and the tax is a part of the
admissions price, a debt owed to the owner or lessee of a venue
project by the person admitted, and recoverable at law in the same
manner as the admissions price.
(c) A person required to collect the tax shall report and
send the taxes to the district as provided by the district.
(d) The district by order may prescribe penalties,
including interest charges, for failure to keep records required by
the district, to report when required, or to pay the tax when due.
The district may bring suit against a person who fails to collect
the tax and to pay it over to the district as required.
(e) The district by order may permit a person who is
required to collect the tax to retain a percentage of the amount
collected and required to be reported as reimbursement to the
person for the costs of collecting the tax. The district may
provide that the person may retain the amount only if the person
pays the tax and files reports as required by the district.
(f) The tax is not an occupation tax imposed on the owner or
lessee of the venue project.
Sec. 3846.354. EFFECTIVE DATE AND ENDING DATE OF EVENT
ADMISSIONS TAX. (a) A tax imposed under this subchapter or a
change in the rate of the tax takes effect on the date prescribed by
the order imposing the tax or changing the rate.
(b) Except as provided by Subsection (c), the district may
impose the tax only if the district issues bonds or enters into a
contractual obligation under Subchapter G.
(c) The district may continue to impose the tax after any
financial obligations have been fulfilled if the tax revenue is
used as authorized by Section 3846.004(e) or 3846.302(c).
SECTION 21.039. Chapter 3846, Special District Local Laws
Code, is amended to conform to Section 13, Chapter 950, Acts of the
80th Legislature, Regular Session, 2007, by adding Subchapter I to
read as follows:
SUBCHAPTER I. EVENT PARKING TAX
Sec. 3846.401. EVENT PARKING TAX AUTHORIZED. (a) The
district by order may impose a tax on each motor vehicle parking in
a parking facility of a community venue project.
(b) The district may impose the tax during any time the
parking facility is being used.
Sec. 3846.402. EVENT PARKING TAX RATE. (a) The district
by order may provide that the tax authorized by this subchapter is
imposed at a flat amount on each parked motor vehicle or is imposed
as a percentage of the amount charged for event parking by the owner
or lessee of the parking facility.
(b) Regardless of the method of imposition, the amount of
the tax may not exceed the amount allowed by Section 334.202(b),
Local Government Code.
(c) The district by order may increase, repeal, or decrease
the rate of the tax.
Sec. 3846.403. COLLECTION OF EVENT PARKING TAX. (a) The
district by order may require the owner or lessee of a parking
facility to collect a tax imposed under this subchapter for the
benefit of the district.
(b) An owner or lessee required to collect the tax shall add
the tax to the parking charge, and the tax is a part of the parking
charge, a debt owed to the parking facility owner or lessee by the
person parking, and recoverable at law in the same manner as the
parking charge.
(c) A person required to collect the tax shall report and
send the taxes to the district as provided by the district.
(d) The district by order may prescribe penalties,
including interest charges, for failure to keep records required by
the district, to report when required, or to pay the tax when due.
The district may bring suit against a person who fails to collect
the tax and to pay it over to the district as required.
(e) The district by order may permit a person who is
required to collect the tax to retain a percentage of the amount
collected and required to be reported as reimbursement to the
person for the costs of collecting the tax. The district may
provide that the person may retain the amount only if the person
pays the tax and files reports as required by the district.
(f) The tax is not an occupation tax imposed on the owner or
lessee of the parking facility.
Sec. 3846.404. EFFECTIVE DATE AND ENDING DATE OF EVENT
PARKING TAX. (a) A tax imposed under this subchapter or a change
in the rate of the tax takes effect on the date prescribed by the
order imposing the tax or changing the rate.
(b) Except as provided by Subsection (c), the district may
impose the tax only if the district issues bonds or enters into
other contractual obligations under Subchapter G.
(c) The district may continue to impose the tax after any
financial obligations have been fulfilled if the tax revenue is
used as authorized by Section 3846.004(e) or 3846.302(c).
SECTION 21.040. Chapter 3846, Special District Local Laws
Code, is amended to conform to Sections 7 and 8, Chapter 950, Acts
of the 80th Legislature, Regular Session, 2007, by adding
Subchapter J to read as follows:
SUBCHAPTER J. HOTEL OCCUPANCY TAX
Sec. 3846.451. DEFINITION. In this subchapter, “hotel” has
the meaning assigned by Section 156.001, Tax Code.
Sec. 3846.452. APPLICABILITY OF CERTAIN TAX CODE
PROVISIONS. (a) Chapter 352, Tax Code, governs a hotel occupancy
tax authorized by this subchapter, including the collection of the
tax.
(b) For purposes of this subchapter, a reference:
(1) in Subchapter B, Chapter 351, Tax Code, to a
municipality is a reference to the district and a reference to the
municipality’s officers or governing body is a reference to the
board; and
(2) in Subchapter A or B, Chapter 352, Tax Code, to a
county is a reference to the district and a reference to the
county’s officers or governing body is a reference to the board.
Sec. 3846.453. HOTEL OCCUPANCY TAX AUTHORIZED. The board
by order may impose, repeal, increase, or decrease the rate of a tax
on a person who, under a lease, concession, permit, right of access,
license, contract, or agreement, pays for the use or possession or
for the right to the use or possession of a room that:
(1) is in a hotel located wholly or partly in the
district;
(2) costs $2 or more each day; and
(3) is ordinarily used for sleeping.
Sec. 3846.454. LIMITATION ON HOTEL OCCUPANCY TAX RATE. The
tax rate may not exceed the maximum rate allowed under Section
352.003, Tax Code.
Sec. 3846.455. USE OF HOTEL OCCUPANCY TAX. (a) The
district may use the proceeds from a hotel occupancy tax imposed
under this subchapter for any district purpose and for any purpose
described by Section 351.101 or 352.1015, Tax Code, to the extent
the board considers appropriate.
(b) During each interval of three calendar years following
the date on which the tax is initially collected, the board may not
apply an annual average of more than 10 percent of the amount of tax
collected, excluding any interest earnings or investment profits
and after a deduction for the costs of imposing and collecting the
taxes, for the administrative expenses of the district or a
district purpose other than the costs of:
(1) advertising and promoting tourism;
(2) business development and commerce, including the
costs of planning, designing, constructing, acquiring, leasing,
financing, owning, operating, maintaining, managing, improving,
repairing, rehabilitating, or reconstructing improvement projects
for:
(A) conferences, conventions, and exhibitions;
(B) manufacturer, consumer, or trade shows; and
(C) civic, community, or institutional events;
(3) encouraging and promoting the arts, including
instrumental and vocal music, dance, drama, folk art, creative
writing, architecture, design and related fields, painting,
sculpture, photography, graphic arts and crafts, motion pictures,
radio, television, tape and sound recording, and other arts related
to the presentation, performance, execution, and exhibition of
these major art forms;
(4) historical restoration and preservation projects;
and
(5) activities, advertising, solicitations, and
promotional programs to encourage tourists to visit preserved
historic sites or museums.
Sec. 3846.456. EXEMPTION FROM HOTEL OCCUPANCY TAX. This
subchapter does not apply to a hotel located wholly or partly in the
city of Splendora as the boundaries of that city existed on April 1,
2007.
SECTION 21.041. Section 3848.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3848.101. DEVELOPMENT CORPORATION AND HOUSING
CORPORATION POWERS OF DISTRICT. The district may exercise the
powers given to:
(1) a corporation under Chapter 505, Local Government
Code [Section 4B, Development Corporation Act of 1979 (Article
5190.6, Vernon’s Texas Civil Statutes)], including the power to
own, operate, acquire, construct, lease, improve, and maintain the
projects described by that chapter [section]; and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
SECTION 21.042. Section 3849.102, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3849.102. EXERCISE OF POWERS OF OTHER GOVERNMENTAL
ENTITIES. The district has the powers of:
(1) a corporation created under Chapter 505, Local
Government Code [Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)], including the
power to own, operate, acquire, construct, lease, improve, and
maintain projects described by that chapter [section]; and
(2) a housing finance corporation created under
Chapter 394, Local Government Code.
SECTION 21.043. Section 3850.157, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3850.157. PUBLIC IMPROVEMENT DISTRICT ASSESSMENTS. An
assessment levied in the district for a public improvement district
under Subchapter A, Chapter 372, Local Government Code, or Chapter
382, Local Government Code, may be used only under the terms for
which the assessment was levied. Money raised by an assessment in
the public improvement district under that chapter must be used in
the public improvement district, and may not be transferred for use
outside the area for which the assessment was originally levied.
SECTION 21.044. Section 3851.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3851.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code;
(3) Subchapter A, Chapter 372, Local Government Code,
in the same manner as a municipality or a county; and
(4) Chapters [Chapter] 375 and 505, Local Government
Code[; and
[(5) Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)].
SECTION 21.045. Section 3856.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3856.101. ADDITIONAL POWERS OF DISTRICT. The district
may exercise the powers given to:
(1) a corporation created under Chapter 505, Local
Government Code [Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)], including the
power to own, operate, acquire, construct, lease, improve, and
maintain projects described by that chapter [section];
(2) a housing finance corporation created under
Chapter 394, Local Government Code, to provide housing or
residential development projects in the district;
(3) a road utility district under Chapter 441,
Transportation Code;
(4) a navigation district under Subchapters E and M,
Chapter 60, Water Code; and
(5) a navigation district under Section 61.116, Water
Code.
SECTION 21.046. Section 3859.101, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3859.101. DISTRICT POWERS. The district has:
(1) all powers necessary to accomplish the purposes
for which the district was created;
(2) the rights, powers, privileges, authority, and
functions of a district created under Chapter 375, Local Government
Code;
(3) the powers, duties, and contracting authority
specified by Subchapters H and I, Chapter 49, Water Code;
(4) the powers given to a corporation under Chapter
505, Local Government Code [Section 4B, Development Corporation Act
of 1979 (Article 5190.6, Vernon’s Texas Civil Statutes)], including
the power to own, operate, acquire, construct, lease, improve, and
maintain the projects described by that chapter [section]; and
(5) the powers of a housing finance corporation
created under Chapter 394, Local Government Code.
SECTION 21.047. Section 3860.102, Special District Local
Laws Code, is amended to correct references to read as follows:
Sec. 3860.102. DEVELOPMENT CORPORATION AND HOUSING
CORPORATION POWERS OF DISTRICT. The district may exercise the
powers given to:
(1) a corporation under Chapter 505, Local Government
Code [Section 4B, Development Corporation Act of 1979 (Article
5190.6, Vernon’s Texas Civil Statutes)], including the power to
own, operate, acquire, construct, lease, improve, and maintain the
projects described by that chapter [section]; and
(2) a housing finance corporation under Chapter 394,
Local Government Code, to provide housing or residential
development projects in the district.
SECTION 21.048. Section 3861.101, Special District Local
Laws Code, is amended to correct a reference to read as follows:
Sec. 3861.101. GENERAL POWERS AND DUTIES. The district has
the powers and duties provided by:
(1) the general laws relating to conservation and
reclamation districts created under Section 59, Article XVI, Texas
Constitution, including Chapters 49 and 54, Water Code, except that
the district’s bonds and other securities are not subject to the
jurisdiction or supervision of the Texas Commission on
Environmental Quality under Chapter 49, Water Code, or other law;
(2) the general laws relating to road districts and
road utility districts created under Section 52(b), Article III,
Texas Constitution, including Chapter 441, Transportation Code;
(3) Subchapter A, Chapter 372, Local Government Code,
in the same manner as a municipality or a county; and
(4) Chapters [Chapter] 375 and 505, Local Government
Code[; and
[(5) Section 4B, Development Corporation Act of 1979
(Article 5190.6, Vernon’s Texas Civil Statutes)].
SECTION 21.049. The heading to Chapter 5002, Special
District Local Laws Code, is amended to conform to Chapter 2, Acts
of the 80th Legislature, Regular Session, 2007, to read as follows:
CHAPTER 5002. PORT FREEPORT [BRAZOS RIVER HARBOR NAVIGATION
DISTRICT OF BRAZORIA COUNTY]
SECTION 21.050. Section 5002.001, Special District Local
Laws Code, is amended to conform to Chapter 2, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5002.001. DEFINITIONS. In this chapter:
(1) “Board” means the port commission [board of
navigation and canal commissioners] of the district.
(2) “Commissioner” means a port commission [board]
member.
(3) “District” means Port Freeport [the Brazos River
Harbor Navigation District of Brazoria County].
SECTION 21.051. The heading to Section 5002.051, Special
District Local Laws Code, is amended to conform to Chapter 2, Acts
of the 80th Legislature, Regular Session, 2007, to read as follows:
Sec. 5002.051. PORT COMMISSION [BOARD OF COMMISSIONERS];
TERM; ELECTION.
SECTION 21.052. The heading to Chapter 5003, Special
District Local Laws Code, is amended to conform to Chapter 379, Acts
of the 80th Legislature, Regular Session, 2007, to read as follows:
CHAPTER 5003. CALHOUN PORT AUTHORITY [COUNTY NAVIGATION DISTRICT]
SECTION 21.053. Sections 5003.001(1) and (3), Special
District Local Laws Code, are amended to conform to Chapter 379,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:

(1) “Board” means the board of navigation
commissioners of the port authority [district].
(3) “Port authority [District]” means the Calhoun Port
Authority [County Navigation District].
SECTION 21.054. Section 5003.002, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.002. NATURE AND PURPOSE OF PORT AUTHORITY
[DISTRICT]. The port authority [district] is a navigation
district. To the extent authorized by this chapter, the port
authority [district] is created to:
(1) improve navigation in the port authority
[district]; and
(2) maintain, develop, extend, and improve port
facilities and wharf and dock facilities in the port authority
[district].
SECTION 21.055. Section 5003.003, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.003. LEGISLATIVE FINDINGS. (a) The creation of
the port authority [district] is essential:
(1) to accomplish the purposes of Section 59, Article
XVI, Texas Constitution;
(2) to the general welfare of this state; and
(3) for the development of marine shipping.
(b) All property in the port authority [district] benefits
from the creation of the port authority [district] by the
improvements to be constructed or acquired by the port authority
[district] in carrying out the port authority’s [district’s]
purposes.
SECTION 21.056. Section 5003.004, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.004. PORT AUTHORITY [DISTRICT] TERRITORY. The
port authority [district] is composed of all the territory of
Calhoun County, including all land and water areas of the county:
(1) except for territory included in the West Side
Calhoun County Navigation District as described in Volume H, pages
568-570, of the minutes of the Commissioners Court of Calhoun
County; and
(2) as that territory may have been modified under:
(A) Section 3 or Section 3a, Chapter 103, Acts of
the 41st Legislature, 1st Called Session, 1929 (Article 8263a,
Vernon’s Texas Civil Statutes), before August 30, 1971;
(B) Subchapter H, Chapter 62, Water Code; or
(C) other law.
SECTION 21.057. The heading to Subchapter B, Chapter 5003,
Special District Local Laws Code, is amended to conform to Chapter
379, Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
SUBCHAPTER B. PORT AUTHORITY [DISTRICT] ADMINISTRATION
SECTION 21.058. Section 5003.051, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.051. BOARD OF NAVIGATION COMMISSIONERS. The port
authority [district] is governed by a board of six commissioners.
SECTION 21.059. Sections 5003.052(a) and (b), Special
District Local Laws Code, are amended to conform to Chapter 379,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(a) The board shall from time to time divide the port
authority [district] into six navigation commissioner precincts
that are:
(1) compact and contiguous; and
(2) as nearly as practicable, of equal population.
(b) The board shall complete any division of the port
authority [district] into new precincts not later than the 90th day
before the date of the first election of commissioners from those
precincts.
SECTION 21.060. Section 5003.053(a), Special District
Local Laws Code, is amended to conform to Chapter 379, Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(a) The six commissioners elected at the first election
after a division of the port authority [district] into new
precincts under Section 5003.052 shall draw lots after the election
to select three commissioners to serve two-year terms and three
commissioners to serve four-year terms. Successor commissioners
serve terms as provided by Subsection (b).
SECTION 21.061. Section 5003.055(c), Special District
Local Laws Code, is amended to conform to Chapter 379, Acts of the
80th Legislature, Regular Session, 2007, to read as follows:
(c) The legislature finds that it is in the best interest of
public welfare, general benefit, and the assurance of proper
development of marine shipping that:
(1) the commissioners be representatives of all areas
of the port authority [district]; and
(2) if a commissioner no longer resides in the
precinct from which elected, the commissioner’s office is vacant.
SECTION 21.062. Section 5003.101, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.101. GENERAL NAVIGATION DISTRICT POWERS. The
port authority [district] and the board, except as specifically
restricted by this chapter, have the powers of government and may
exercise the rights, powers, duties, privileges, and functions
conferred by Chapter 60, 61, 62, or 63, Water Code, on a navigation
district created under Section 59, Article XVI, Texas Constitution,
that are appropriate to the accomplishment of the purposes stated
in Subchapter A.
SECTION 21.063. Sections 5003.102(a), (b), and (c), Special
District Local Laws Code, are amended to conform to Chapter 379,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(a) If authorized by a majority vote of the port authority
[district] voters voting at an election held in the manner provided
for a bond election under Subchapter F, Chapter 62, Water Code, the
Commissioners Court of Calhoun County may:
(1) impose maintenance taxes; or
(2) issue tax bonds and impose taxes to pay for the
bonds.
(b) The commissioners court shall impose the tax for:
(1) the maintenance of the port authority [district]
and its property, including facilities; and
(2) the payment of the principal of and interest on all
bonds or other indebtedness issued by the port authority
[district].
(c) The maximum tax rate for both maintenance and
indebtedness purposes may not exceed a total of 15 cents on each
$100 of taxable property in the port authority [district].
SECTION 21.064. Section 5003.103, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.103. CHANGE OF PORT AUTHORITY [DISTRICT] NOT
AUTHORIZED. The board may not by a vote change the port authority
[district] from a navigation district to any other type of district
authorized by general law.
SECTION 21.065. Section 5003.104, Special District Local
Laws Code, is amended to conform to Chapter 379, Acts of the 80th
Legislature, Regular Session, 2007, to read as follows:
Sec. 5003.104. LIMIT ON EMINENT DOMAIN POWER. The port
authority [district] may not exercise the power of eminent domain
outside Calhoun County in an area in another navigation district
without the consent of the other district.
SECTION 21.066. Sections 5003.105(a) and (e), Special
District Local Laws Code, are amended to conform to Chapter 379,
Acts of the 80th Legislature, Regular Session, 2007, to read as
follows:
(a) The board may adopt an order or resolution designating
an area of land in the port authority [district] that fronts on
navigable water in the port authority [district] as an industrial
area or plant site for the aid of navigation. A defined area may
not:
(1) be located in the corporate limits of a
municipality; or
(2) exceed 1,000 yards in depth as measured from the
shoreline.
(e) The legislature finds that the powers granted and
restrictions imposed by this section are necessary:
(1) for the proper exercise by the port authority
[district] of the powers granted by Section 59, Article XVI, Texas
Constitution, and by this chapter; and
(2) to promote and effect the navigation of the inland
and coastal waters of the state.
SECTION 21.067. Section 6603.102, Special District Local
Laws Code, is amended to conform to Chapter 1151, Acts of the 80th
Legislature, Regular Session, 2007, by amending Subsection (g) and
adding Subsection (j) to read as follows:
(g) This section does not apply to[:
[(1)] agricultural activity[; or
[(2) any other activity that does not create an
aggregate impervious area of more than one acre].
(j) The district may adopt rules to exempt from the
requirements of this section a drainage facility or improvement on
or to serve a tract of land in the district if the facility or
improvement does not create an aggregate impervious area of more
than one acre.
SECTION 21.068. The heading to Section 8154.101, Special
District Local Laws Code, is amended to correct a typographical
error to read as follows:
Sec. 8154.101. MUNICIPAL [MUNICIPALITY] UTILITY DISTRICT
POWERS AND DUTIES.
SECTION 21.069. The heading to Chapter 8156, Special
District Local Laws Code, is amended to update the district’s name
to read as follows:
CHAPTER 8156. PASEO DEL ESTE MUNICIPAL UTILITY
DISTRICT NO. 11 OF EL PASO COUNTY [EL PASO COUNTY
MUNICIPAL UTILITY DISTRICT NO. 2]
SECTION 21.070. Section 8156.001, Special District Local
Laws Code, is amended to update the district’s name to read as
follows:
Sec. 8156.001. DEFINITION. In this chapter, “district”
means Paseo del Este Municipal Utility District No. 11 of El Paso
County [El Paso County Municipal Utility District No. 2].
SECTION 21.071. Section 8248.102, Special District Local
Laws Code, as added by Chapters 1003 and 1142, Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
Sec. 8248.102. ANNEXATION. The district or any new
district created by the division of the district may not annex the
property of a landowner before obtaining written consent from the
landowner. The annexation of the property must be completed by the
district not later than one year after the district’s receipt of the
landowner’s written consent. A landowner may revoke the
landowner’s consent to annexation before annexation by notifying
the district in writing that the consent is revoked. A landowner’s
petition for annexation that meets the requirements of Chapter 49
or 54, Water Code, shall be considered as the landowner’s written
consent for the purposes of this section.
SECTION 21.072. Section 8183.001(2), Special District
Local Laws Code, is repealed because the term defined by that
section is not used in the chapter.
SECTION 21.073. Section 8199.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8199.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.074. Section 8206.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8206.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.075. Section 8210.152(a), Special District
Local Laws Code, as added by Chapter 582, Acts of the 80th
Legislature, Regular Session, 2007, is amended to correct a
reference to read as follows:
(a) If authorized at an election held under Section
8210.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.076. Section 8211.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8211.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.077. Section 8212.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8212.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.078. Section 8216.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8216.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.079. Section 8218.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8218.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.080. Section 8221.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8221.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.081. Section 8222.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8222.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.082. Section 8232.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8232.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.083. Section 8233.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8233.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.084. Section 8241.152(a), Special District
Local Laws Code, is amended to correct a reference to read as
follows:
(a) If authorized at an election held under Section
8241.151, the district may impose an operation and maintenance tax
on taxable property in the district as provided by Section
[Chapter] 49.107, Water Code.
SECTION 21.085. Section 9011.104(b), Special District
Local Laws Code, is amended to conform more closely to the source
law from which the section was derived to read as follows:
(b) The petition must be:
(1) signed by at least 10 residents of the district who
are registered voters; and

(2) presented to the secretary not later than the 11th
day before the date of the election.
SECTION 21.086. Section 27G(f), Chapter 306, Acts of the
49th Legislature, Regular Session, 1945, is amended to correct a
typographical error to read as follows:
(f) On completion of the evaluation, the commission may
issue orders compelling any appropriate and necessary actions by
the District under Chapter 49, Water Code, and the commission’s
rules regulating retail public utilities. If the commission finds
that the District is incapable of operating the utility in a manner
that provides adequate water service to current and future
customers, the commission may include, in the final evaluation, a
recommendation that the oversight committee consider the option of
initiating the process of receivership appointment to operate the
utility under Section 13.412 [13.142], Water Code.
PART B. CNP UTILITY DISTRICT
SECTION 21.101. Chapter 9013, Special District Local Laws
Code, is transferred to Subtitle F, Title 6, of that code,
redesignated as Chapter 8270 of that code, and amended to read as
follows:
CHAPTER 8270 [9013]. CNP UTILITY DISTRICT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 8270.001 [9013.001]. DEFINITIONS. In this chapter:
(1) “Board” means the board of directors of the
district.
(2) “District” means the CNP Utility District.
Sec. 8270.002 [9013.002]. NATURE OF DISTRICT. The district
is a municipal utility district and a conservation and reclamation
district in Harris County created under Section 59, Article XVI,
Texas Constitution.
Sec. 8270.003 [9013.003]. FINDINGS OF BENEFIT AND PUBLIC
PURPOSE. (a) The district is created to serve a public use and
benefit.
(b) All land and other property included in the boundaries
of the district will benefit from the works and projects
accomplished by the district under the powers conferred by Section
59, Article XVI, Texas Constitution.
(c) The creation of the district is essential to accomplish
the purposes of Section 59, Article XVI, Texas Constitution.
(d) The accomplishment of the purposes stated in this
chapter is for the benefit of the people of this state and for the
improvement of their property and industries. The district, in
carrying out the purposes of this chapter, will be performing an
essential public function under the constitution.
Sec. 8270.004. STATE POLICY REGARDING WASTE DISPOSAL. The
district’s powers and duties are subject to the state policy of
encouraging the development and use of integrated area-wide waste
collection, treatment, and disposal systems to serve the waste
disposal needs of this state’s residents, if integrated systems can
reasonably be provided for an area, so as to avoid the economic
burden on residents and the effect on state water quality caused by
the construction and operation of numerous small waste collection,
treatment, and disposal facilities.
[Sections 8270.005-8270.050 reserved for expansion]
SUBCHAPTER B. DISTRICT TERRITORY AND ANNEXATIONS TO DISTRICT
TERRITORY
Sec. 8270.051 [9013.051]. DISTRICT TERRITORY. (a) The
district is composed of the territory described by Section 2,
Chapter 751, Acts of the 61st Legislature, Regular Session, 1969,
as that territory may have been modified under:
(1) Subchapter H, Chapter 54 [Subchapter O, Chapter
51], Water Code;
(2) Subchapter J, Chapter 49, Water Code; [or]
(3) Section 9, Chapter 751, Acts of the 61st
Legislature, Regular Session, 1969; or
(4) other law.
(b) The boundaries and field notes of the district form a
closure. A mistake in the field notes or in copying the field notes
in the legislative process does not affect:
(1) the district’s organization, existence, and
validity;
(2) the district’s right to issue any type of bond for
a purpose for which the district is created or to pay the principal
of and interest on the bond;
(3) the district’s right to impose a tax; or
(4) the legality or operation of the district or the
board.
Sec. 8270.052 [9013.052]. EXPANSION OF DISTRICT. (a) If
land is added to the district under Section 49.301 [or 51.714],
Water Code, the board may require the petitioners:
(1) to assume the petitioners’ pro rata share of the
voted but unissued bonds of the district; and
(2) to authorize the board to impose a tax on the
petitioners’ property to pay for the bonds after the bonds have been
issued.
(b) If land is annexed in the manner provided by Section
49.302, Water Code, the board may also submit a proposition to the
voters of the area to be annexed on the question of the assumption
by the area to be annexed of its part of the voted but not yet issued
or sold tax or tax-revenue bonds of the district and the imposition
of an ad valorem tax on taxable property within the area to be
annexed along with a tax on the rest of the district for the payment
of the bonds.
(c) If the petitioners consent or if the election results
favorably, the district may issue its voted but unissued tax or
tax-revenue bonds regardless of changes to district boundaries
since the original voting or authorization of the bonds.
[Sections 8270.053-8270.100 reserved for expansion]
SUBCHAPTER C. DISTRICT ADMINISTRATION
Sec. 8270.101 [9013.101]. COMPOSITION OF BOARD. The board
consists of five elected directors.
Sec. 8270.102 [9013.102]. DIRECTOR’S BOND. [(a)] Each
director shall give bond in the amount of $5,000 for the faithful
performance of the director’s duties.
[(b) The bond must be:
[(1) approved by the county judge and the board;
[(2) filed in the office of the county clerk of the
county or counties in which the district is located; and
[(3) recorded in a record book kept for that purpose in
the district office.
[Sec. 9013.103. VACANCY. (a) Except as provided by
Subsection (b), a vacancy in the office of director shall be filled
in the manner provided by Section 49.105, Water Code.
[(b) The county judge of the county in which the district is
located shall appoint directors to fill all vacancies on the board
whenever the number of qualified directors is fewer than three.]
Sec. 8270.103 [9013.104]. DISTRICT OFFICE. (a) Except as
provided by this section, the board shall designate, establish, and
maintain a district office as provided by Section 49.062, Water
Code.
(b) The board may establish a second district office outside
the district. If the board establishes a second district office,
the board shall give notice of the location of that office by:
(1) filing a copy of the board resolution that
establishes the location of the office:
(A) with the Texas Commission on Environmental
Quality; and
(B) in the municipal utility [water control and
improvement] district records of each county in which the district
is located; and
(2) publishing notice of the location of the office in
a newspaper of general circulation in each county in which the
district is located.
(c) A district office that is a private residence, office,
or dwelling is a public place for matters relating to district
business.
(d) The board shall provide notice of any change in the
location of the district office outside the district in the manner
required by Subsection (b).
Sec. 8270.104 [9013.105]. ABSENCE OR INACTION OF [OF
PRESIDENT FROM] BOARD PRESIDENT [MEETING]. (a) When the board
president is absent or fails or declines to act, the board vice
president shall perform all duties and exercise all power this
chapter or general law gives the president.
(b) If the board president is absent from a board meeting:
(1) the board vice president may:
(A) sign an order adopted at the meeting; or
(B) implement any other action taken at the
meeting; or
(2) the board may authorize the president to sign the
order or implement the action.
[Sections 8270.105-8270.150 reserved for expansion]
SUBCHAPTER D. POWERS AND DUTIES
Sec. 8270.151 [9013.151]. MUNICIPAL UTILITY [WATER CONTROL
AND IMPROVEMENT] DISTRICT POWERS [AND DUTIES]. The district has
all of the rights, powers, privileges, authority, and functions
conferred and imposed by the general laws of the state relating to
municipal utility [water control and improvement] districts
created under Section 59, Article XVI, Texas Constitution,
including those conferred by Chapters 49 and 54 [51], Water Code.
Sec. 8270.152 [9013.152]. ADDITIONAL POWERS [AND DUTIES].
(a) The district may:
(1) make, purchase, construct, lease, or otherwise
acquire property, works, facilities, existing improvements, or
improvements to be made, constructed, or acquired that are:
(A) inside or outside the district’s boundaries;
and
(B) necessary to carry out the powers granted by
this chapter or general law; or
(2) enter into a contract with a person on terms the
board considers desirable, fair, and advantageous for:
(A) the purchase or sale of water;
(B) the transportation, treatment, and disposal
of the domestic, industrial, or communal wastes of the district or
others;
(C) the continuing and orderly development of
land and property in the district through the purchase,
construction, or installation of facilities, works, or
improvements that the district is otherwise authorized to do or
perform so that, to the greatest extent reasonably possible,
considering sound engineering and economic practices, all of the
land and property may ultimately receive the services of the
facilities, works, or improvements; and
(D) the performance of any of the powers granted
by this chapter or general law.
(b) A contract under Subsection (a)(2) may not have a
duration of more than 40 years.
Sec. 8270.153 [9013.153]. EMINENT DOMAIN. The district may
exercise the power of eminent domain only:
(1) in a county in which the district is located; and
(2) when necessary to carry out the purposes for which
the district was created.
Sec. 8270.154 [9013.154]. COST OF RELOCATING OR ALTERING
PROPERTY. (a) In this section, “sole expense” means the actual
cost of relocating, raising, lowering, rerouting, or changing the
grade of or altering the construction of a facility described by
Subsection (b) in providing comparable replacement without
enhancement of the facility, after deducting from that cost the net
salvage value of the old facility.
(b) If the district’s exercise of the power of eminent
domain, the power of relocation, or any other power conferred by
this chapter makes necessary relocating, raising, rerouting,
changing the grade, or altering the construction of a highway, a
railroad, an electric transmission line, a telegraph or telephone
property or facility, or a pipeline, the necessary action shall be
accomplished at the sole expense of the district.
Sec. 8270.155 [9013.155]. CONTRACT FOR PURCHASE OF WATER,
SEWER, OR DRAINAGE SERVICES; ELECTION NOT REQUIRED. (a) The
district may enter into a contract with a political subdivision for
water, sewer, or drainage services or any combination of those
services without the necessity of an election by any contracting
party.
(b) The district may pay for an obligation incurred by such
a contract by issuing bonds that, if otherwise necessary, have been
approved by the voters in the manner provided by this chapter.
(c) The district may deliver the district’s bonds to any of
the following parties that enters into such a contract with the
district:
(1) the United States;
(2) an agency or instrumentality of the United States;
(3) this state; or
(4) an agency or instrumentality of this state.
Sec. 8270.156 [9013.156]. NOTICE OF ELECTION. The board
president or secretary may give notice of an election.
Sec. 8270.157 [9013.157]. DISTRICT RULES. The district
shall adopt and enforce reasonable and effective rules to secure
and maintain safe, sanitary, and adequate plumbing installations,
connections, and appurtenances as subsidiary parts of the
district’s sewerage system to preserve the quality of water within
or controlled by the district.
[Sections 8270.158-8270.200 reserved for expansion]
SUBCHAPTER E. GENERAL FINANCIAL PROVISIONS
Sec. 8270.201 [9013.201]. TAX METHOD. (a) The board shall
use the ad valorem plan of taxation.
(b) The board is not required to hold a hearing on the
adoption of a plan of taxation.
Sec. 8270.202 [9013.202]. DISTRICT ACCOUNTS. The district
shall keep a complete system of the district’s accounts.
Sec. 8270.203 [9013.203]. COPY OF AUDIT REPORT. A copy of
the audit report prepared under Subchapter G, Chapter 49, Water
Code, shall be delivered:
(1) to each director; and
(2) on request to a holder of at least 25 percent of
the outstanding bonds of the district.
Sec. 8270.204 [9013.204]. PAYMENT OF TAX OR ASSESSMENT NOT
REQUIRED. The district is not required to pay a tax or assessment
on:
(1) district property; or
(2) a purchase made by the district.
Sec. 8270.205 [9013.205]. [DIRECTOR AS SHAREHOLDER IN]
DEPOSITORY. (a) The board shall select one or more banks in this
state to act as depository for the district’s funds.
(b) To the extent that funds in the depository bank are not
insured by the Federal Deposit Insurance Corporation, the funds
must be secured in the manner provided by law for the security of
county funds.
(c) A director may be a shareholder in a depository of
district funds.
[Sections 8270.206-8270.250 reserved for expansion]
SUBCHAPTER F. BONDS
Sec. 8270.251 [9013.251]. ISSUANCE OF BONDS. (a) The
district may issue bonds payable from taxes or revenue to provide
money for any purpose of this chapter, including the acquisition of
land.
(b) The district must issue bonds in the manner provided by
Chapters 49 and 54 [51], Water Code, except that the district may
issue bonds payable solely from net revenue by resolution or order
of the board without an election.
(c) Bonds issued under this subchapter may be payable from
all or any designated part of the revenue of district property and
facilities or under a specific contract, as provided in the order or
resolution authorizing the issuance of bonds.
Sec. 8270.252 [9013.252]. ADDITIONAL SECURITY.
(a) Within the discretion of the board, bonds issued under this
subchapter may be additionally secured by a deed of trust or
mortgage lien on physical property of the district and franchises,
easements, water rights and appropriation permits, leases,
contracts, and all rights appurtenant to that property, vesting in
the trustee the power to:
(1) sell the property for payment of the debt;
(2) operate the property; and
(3) take any other action to secure the bonds.
(b) A purchaser under a sale under the deed of trust or
mortgage lien of the property:
(1) is the absolute owner of the property, facilities,
and rights purchased; and
(2) may maintain and operate the property and
facilities.
Sec. 8270.253 [9013.253]. TRUST INDENTURE. A trust
indenture created under Section 8270.252 [9013.252], regardless of
the existence of a deed of trust or mortgage lien on the property,
may:
(1) provide for the security of the bonds and the
preservation of the trust estate in the manner prescribed by the
board;
(2) provide for amendment or modification of the trust
indenture;
(3) provide for the issuance of bonds to replace lost
or mutilated bonds;
(4) condition the right to spend district money or
sell district property on the approval of a licensed engineer
selected as provided by the trust indenture; and
(5) provide for the investment of district money.
Sec. 8270.254 [9013.254]. ORDER OR RESOLUTION AUTHORIZING
ISSUANCE OF CERTAIN BONDS. (a) In an order or resolution
authorizing the issuance of revenue, tax-revenue, revenue
refunding, or tax-revenue refunding bonds, the board may:
(1) provide for:
(A) the flow of funds; and
(B) the establishment and maintenance of the
interest and sinking fund, reserve fund, or other fund;
(2) make additional covenants with respect to the
bonds and the pledged revenue and the operation and maintenance of
the improvements and facilities the revenue of which is pledged,
which may include provisions for the operation or leasing of all or
part of the improvements and facilities and the use or pledge of
money received from the operation contract or lease as the board
considers appropriate;
(3) prohibit the further issuance of bonds or other
obligations payable from the pledged revenue or reserve the right
to issue additional bonds to be secured by a pledge of and payable
from the revenue on a parity with, or subordinate to, the lien and
pledge in support of the bonds being issued, subject to any
conditions set forth in the order or resolution; and
(4) include any other provision or covenant not
prohibited by the Texas Constitution or this chapter.
(b) The board may adopt and execute any other proceeding or
instrument necessary or convenient in the issuance of the bonds.
Sec. 8270.255. USE OF BOND PROCEEDS DURING CONSTRUCTION.
(a) The district may appropriate or set aside out of the proceeds
from the sale of any bonds issued under this subchapter an amount
for the payment of interest, administrative, and operating expenses
expected to accrue during a period of construction, as may be
provided in the bond orders or resolutions.
(b) For purposes of this section, the period of construction
may not exceed three years.
Sec. 8270.256. REFUNDING BONDS. (a) By order or
resolution adopted by the board, the district may issue revenue
refunding bonds or tax-revenue refunding bonds to refund revenue
bonds or tax-revenue bonds, whether original bonds or refunding
bonds, previously issued by the district.
(b) The comptroller shall register the refunding bonds on
the surrender and cancellation of the bonds to be refunded.
(c) Instead of issuing bonds to be registered on the
surrender and cancellation of the bonds to be refunded, the
district, in the order or resolution authorizing the issuance of
the refunding bonds, may provide for the sale of the refunding bonds
and the deposit of the proceeds in the place or places where the
bonds to be refunded are payable. In that case, the refunding bonds
may be issued if an amount sufficient to pay the principal of and
interest on the bonds to be refunded to their maturity dates, or to
their option dates if according to their terms the bonds have been
called for payment before maturity, has been deposited in the place
or places where the bonds to be refunded are payable, and the
comptroller shall register the refunding bonds without the
surrender and cancellation of the bonds to be refunded.
ARTICLE 22. CHANGES RELATING TO TAX CODE
SECTION 22.001. Section 11.18(d), Tax Code, as amended by
Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(d) A charitable organization must be organized exclusively
to perform religious, charitable, scientific, literary, or
educational purposes and, except as permitted by Subsections (h)
and (l), engage exclusively in performing one or more of the
following charitable functions:
(1) providing medical care without regard to the
beneficiaries’ ability to pay, which in the case of a nonprofit
hospital or hospital system means providing charity care and
community benefits in accordance with Section 11.1801;
(2) providing support or relief to orphans,
delinquent, dependent, or handicapped children in need of
residential care, abused or battered spouses or children in need of
temporary shelter, the impoverished, or victims of natural disaster
without regard to the beneficiaries’ ability to pay;
(3) providing support to elderly persons, including
the provision of recreational or social activities and facilities
designed to address the special needs of elderly persons, or to the
handicapped, without regard to the beneficiaries’ ability to pay;
(4) preserving a historical landmark or site;
(5) promoting or operating a museum, zoo, library,
theater of the dramatic or performing arts, or symphony orchestra
or choir;
(6) promoting or providing humane treatment of
animals;
(7) acquiring, storing, transporting, selling, or
distributing water for public use;
(8) answering fire alarms and extinguishing fires with
no compensation or only nominal compensation to the members of the
organization;
(9) promoting the athletic development of boys or
girls under the age of 18 years;
(10) preserving or conserving wildlife;
(11) promoting educational development through loans
or scholarships to students;
(12) providing halfway house services pursuant to a
certification as a halfway house by the parole [pardons and
paroles] division of the Texas Department of Criminal Justice;
(13) providing permanent housing and related social,
health care, and educational facilities for persons who are 62
years of age or older without regard to the residents’ ability to
pay;

(14) promoting or operating an art gallery, museum, or
collection, in a permanent location or on tour, that is open to the
public;
(15) providing for the organized solicitation and
collection for distributions through gifts, grants, and agreements
to nonprofit charitable, education, religious, and youth
organizations that provide direct human, health, and welfare
services;
(16) performing biomedical or scientific research or
biomedical or scientific education for the benefit of the public;
(17) operating a television station that produces or
broadcasts educational, cultural, or other public interest
programming and that receives grants from the Corporation for
Public Broadcasting under 47 U.S.C. Section 396, as amended;
(18) providing housing for low-income and
moderate-income families, for unmarried individuals 62 years of age
or older, for handicapped individuals, and for families displaced
by urban renewal, through the use of trust assets that are
irrevocably and, pursuant to a contract entered into before
December 31, 1972, contractually dedicated on the sale or
disposition of the housing to a charitable organization that
performs charitable functions described by Subdivision (9);
(19) providing housing and related services to persons
who are 62 years of age or older in a retirement community, if the
retirement community provides independent living services,
assisted living services, and nursing services to its residents on
a single campus:
(A) without regard to the residents’ ability to
pay; or
(B) in which at least four percent of the
retirement community’s combined net resident revenue is provided in
charitable care to its residents;
(20) providing housing on a cooperative basis to
students of an institution of higher education if:
(A) the organization is exempt from federal
income taxation under Section 501(a), Internal Revenue Code of
1986, as amended, by being listed as an exempt entity under Section
501(c)(3) of that code;
(B) membership in the organization is open to all
students enrolled in the institution and is not limited to those
chosen by current members of the organization;
(C) the organization is governed by its members;
and
(D) the members of the organization share the
responsibility for managing the housing;
(21) acquiring, holding, and transferring unimproved
real property under an urban land bank demonstration program
established under Chapter 379C, Local Government Code, as or on
behalf of a land bank; or
(22) acquiring, holding, and transferring unimproved
real property under an urban land bank program established under
Chapter 379E, Local Government Code, as or on behalf of a land bank.
SECTION 22.002. Section 11.18(o), Tax Code, as added by
Chapters 1034 (H.B. 1742) and 1341 (S.B. 1908), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(o) For purposes of Subsection (a)(2), real property
acquired, held, and transferred by an organization that performs
the function described by Subsection (d)(21) or (22) is considered
to be used exclusively by the qualified charitable organization to
perform that function.
SECTION 22.003. Section 25.025(a), Tax Code, as amended by
Chapters 594 (H.B. 41), 621 (H.B. 455), and 851 (H.B. 1141), Acts of
the 80th Legislature, Regular Session, 2007, 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;
(2) a county jailer as defined by Section 1701.001,
Occupations Code;
(3) an employee of the Texas Department of Criminal
Justice;
(4) a commissioned security officer as defined by
Section 1702.002, Occupations Code;
(5) a victim of family violence as defined by Section
71.004, Family Code, if as a result of the act of family violence
against the victim, the actor is convicted of a felony or a Class A
misdemeanor; [and]
(6) a federal judge or state judge;
(7) [(6)] 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; and
(8) [(6)] 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.
SECTION 22.004. Section 25.07(b), Tax Code, as amended by
Chapters 609 (H.B. 387), 885 (H.B. 2278), and 1169 (H.B. 316), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(b) Except as provided by Sections 11.11(b) and (c), a
leasehold or other possessory interest in exempt property may not
be listed if:
(1) the property is permanent university fund land;
(2) the property is county public school fund
agricultural land;
(3) the property is a part of a public transportation
facility owned by a municipality or county and:
(A) is an airport passenger terminal building or
a building used primarily for maintenance of aircraft or other
aircraft services, for aircraft equipment storage, or for air
cargo;
(B) is an airport fueling system facility;
(C) is in a foreign-trade zone:
(i) that has been granted to a joint airport
board under Subchapter C, Chapter 681, Business & Commerce Code;
(ii) the area of which in the portion of the
zone located in the airport operated by the joint airport board does
not exceed 2,500 acres; and
(iii) that is established and operating
pursuant to federal law; or
(D)(i) is in a foreign trade zone established
pursuant to federal law after June 1, 1991, that [which] operates
pursuant to federal law;
(ii) is contiguous to or has access via a
taxiway to an airport located in two counties, one of which has a
population of 500,000 or more according to the federal decennial
census most recently preceding the establishment of the foreign
trade zone; and
(iii) is owned, directly or through a
corporation organized under the Development Corporation Act
(Subtitle C1, Title 12, Local Government Code), by the same
municipality that [which] owns the airport;
(4) the interest is in a part of:
(A) a park, market, fairground, or similar public
facility that is owned by a municipality; or
(B) a convention center, visitor center, sports
facility with permanent seating, concert hall, arena, or stadium
that is owned by a municipality as such leasehold or possessory
interest serves a governmental, municipal, or public purpose or
function when the facility is open to the public, regardless of
whether a fee is charged for admission;
(5) the interest involves only the right to use the
property for grazing or other agricultural purposes; [or]
(6) the property is:
(A) owned by a municipality, a public port, or a
navigation district created or operating under Section 59, Article
XVI, Texas Constitution, or under a statute enacted under Section
59, Article XVI, Texas Constitution; and
(B) used as an aid or facility incidental to or
useful in the operation or development of a port or waterway or in
aid of navigation-related commerce; or
(7) [(8)] the property is part of a rail facility
owned by a rural rail transportation district created or operating
under Chapter 623, Acts of the 67th Legislature, Regular Session,
1981 (Article 6550c, Vernon’s Texas Civil Statutes).
SECTION 22.005. Section 26.06(d), Tax Code, as amended by
Chapters 1105 (H.B. 3495) and 1112 (H.B. 3630), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(d) At the public hearings the governing body shall announce
the date, time, and place of the meeting at which it will vote on the
proposed tax rate. After each hearing the governing body shall give
notice of the meeting at which it will vote on the proposed tax rate
and the notice shall be in the same form as prescribed by
Subsections (b) and (c), except that it must state the following:
“NOTICE OF TAX REVENUE INCREASE
“The (name of the taxing unit) conducted public hearings on
(date of first hearing) and (date of second hearing) on a proposal
to increase the total tax revenues of the (name of the taxing unit)
from properties on the tax roll in the preceding year by (percentage
by which proposed tax rate exceeds lower of rollback tax rate or
effective tax rate calculated under this chapter) percent.
“The total tax revenue proposed to be raised last year at last
year’s tax rate of (insert tax rate for the preceding year) for each
$100 of taxable value was (insert total amount of taxes imposed in
the preceding year).
“The total tax revenue proposed to be raised this year at the
proposed tax rate of (insert proposed tax rate) for each $100 of
taxable value, excluding tax revenue to be raised from new property
added to the tax roll this year, is (insert amount computed by
multiplying proposed tax rate by the difference between current
total value and new property value).
“The total tax revenue proposed to be raised this year at the
proposed tax rate of (insert proposed tax rate) for each $100 of
taxable value, including tax revenue to be raised from new property
added to the tax roll this year, is (insert amount computed by
multiplying proposed tax rate by current total value).
“The (governing body of the taxing unit) is scheduled to vote
on the tax rate that will result in that tax increase at a public
meeting to be held on (date of meeting) at (location of meeting,
including mailing address) at (time of meeting).”
SECTION 22.006. Section 32.06(a-1), Tax Code, as amended by
Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted and amended to
read as follows:
(a-1) A person may authorize another person to pay the taxes
imposed by a taxing unit on the person’s real property by filing
with the collector for the unit:
(1) a sworn document stating:
(A) the authorization;
(B) the name and street address of the transferee
authorized to pay the taxes of the property owner;
(C) a description of the property by street
address, if applicable, and legal description; and
(D) [(4)] notice has been given to the property
owner that if the property owner is [they are] age 65 or disabled,
the property owner [they] may be eligible for a tax deferral under
Section 33.06; and
(2) the information required by Section 351.054,
Finance Code.
SECTION 22.007. Section 32.065(d), Tax Code, as amended by
Chapters 1220 (H.B. 2138) and 1329 (S.B. 1520), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(d) Chapters 342 and 346, Finance Code, and the provisions
of Chapter 343, Finance Code, other than Sections 343.203 and
343.205, do not apply to a transaction covered by this section.
SECTION 22.008. Section 352.002(a), Tax Code, as amended by
Chapters 24 (S.B. 213), 1031 (H.B. 1669), and 1359 (H.B. 1820), Acts
of the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(a) The commissioners courts of the following counties by
the adoption of an order or resolution may impose a tax on a person
who, under a lease, concession, permit, right of access, license,
contract, or agreement, pays for the use or possession or for the
right to the use or possession of a room that is in a hotel, costs $2
or more each day, and is ordinarily used for sleeping:
(1) a county that has a population of more than 3.3
million;
(2) a county that has a population of 90,000 or more,
borders the United Mexican States, and does not have three or more
cities that each have a population of more than 17,500;
(3) a county in which there is no municipality;
(4) a county in which there is located an Indian
reservation under the jurisdiction of the United States government;
(5) a county that has a population of 30,000 or less,
that has no more than one municipality with a population of less
than 2,500, and that borders two counties located wholly in the
Edwards Aquifer Authority established by Chapter 626, Acts of the
73rd Legislature, Regular Session, 1993;
(6) a county that borders the Gulf of Mexico;
(7) a county that has a population of less than 5,000,
that borders the United Mexican States, and in which there is
located a major observatory;
(8) a county that has a population of 12,000 or less
and borders the Toledo Bend Reservoir;
(9) a county that has a population of less than 12,000
and an area of less than 275 square miles;
(10) a county that has a population of 30,000 or less
and borders Possum Kingdom Lake;
(11) a county that borders the United Mexican States
and has a population of more than 300,000 and less than 600,000;
(12) a county that has a population of 35,000 or more
and borders or contains a portion of Lake Fork Reservoir;
(13) a county that borders the United Mexican States
and in which there is located a national recreation area;
(14) a county that borders the United Mexican States
and in which there is located a national park of more than 400,000
acres;

(15) a county that has a population of 28,000 or less,
that has no more than four municipalities, and that is located
wholly in the Edwards Aquifer Authority established by Chapter 626,
Acts of the 73rd Legislature, Regular Session, 1993;
(16) a county that has a population of 25,000 or less,
whose territory is less than 750 square miles, and that has two
incorporated municipalities, each with a population of 800 or less,
located on the Frio River;
(17) a county that has a population of 34,000 or more
and borders Lake Buchanan;
(18) a county that has a population of more than 45,000
and less than 75,000, that borders the United Mexican States, and
that borders or contains a portion of Falcon Lake;
(19) a county with a population of 21,000 or less that
borders the Neches River and in which there is located a national
preserve;
(20) a county that has a population of 22,500 or less
and that borders or contains a portion of Lake Livingston;
(21) a county that has a population of less than 22,000
and in which the birthplace of a president of the United States is
located;
(22) a county that has a population of more than 15,000
but less than 20,000 and borders Lake Buchanan; [and]
(23) a county with a population of less than 10,000
that is bordered by the Sulphur River;
(24) [(22)] a county that has a population of 16,000
or more and borders the entire north shore of Lake Somerville;
(25) [(23)] a county that has a population of 20,000
or less and that is bordered by the Brazos and Navasota Rivers;
(26) [(24)] a county that has a population of more
than 15,000 and less than 25,000 and is located on the Trinity and
Navasota Rivers; [and]
(27) [(25)] a county that has a population of less
than 15,000 and that is bordered by the Trinity and Navasota Rivers;
(28) [(22)] a county that borders or contains a
portion of the Neches River, the Sabine River, and Sabine Lake; and
(29) [(23)] a county that borders Whitney Lake.
SECTION 22.009. Section 352.002(d), Tax Code, as amended by
Chapters 418 (H.B. 3043) and 469 (H.B. 2064), Acts of the 75th
Legislature, Regular Session, 1997, and by Chapters 24 (S.B. 213)
and 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
Session, 2007, is reenacted and amended to consolidate different
versions of Section 352.002(d) and to correct cross-references to
read as follows:
(d) The tax imposed by a county authorized by Subsection
(a)(4), (6), (8), (9), (10), (11), (14), (15) [(12)], (17), (19),
(20), (21), [or] (23), or (29) to impose the tax does not apply to a
hotel located in a municipality that imposes a tax under Chapter 351
applicable to the hotel. This subsection does not apply to:
(1) a county authorized by Subsection (a)(6) to impose
the tax that:
(A) has a population of less than 40,000 and
adjoins the most populous county in this state; or
(B) has a population of more than 200,000 and
borders the Neches River; or
(2) a county authorized by Subsection (a)(9) to impose
the tax that has a population of more than 9,000.
SECTION 22.010. Section 352.002(f), Tax Code, as added by
Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
Session, 2007, is relettered as Section 352.002(g), Tax Code.
SECTION 22.010A. Section 352.003(d), Tax Code, is amended
to correct a cross-reference to read as follows:
(d) The tax rate in a county authorized to impose the tax
under Section 352.002(a)(14) [352.002(a)(12)] may not exceed three
percent of the price paid for a room in a hotel.
SECTION 22.011. Section 352.003(h), Tax Code, as added by
Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
Session, 2007, is relettered as Section 352.003(i), Tax Code, and
amended to read as follows:
(i) [(h)] The tax rate in a county authorized to impose the
tax under Section 352.002(g) [352.002(f)] may not exceed two
percent of the price paid for a room in a hotel. This subsection
expires September 1, 2015.
SECTION 22.012. Section 352.003(h), Tax Code, as added by
Chapter 1031 (H.B. 1669), Acts of the 80th Legislature, Regular
Session, 2007, is relettered as Section 352.003(j), Tax Code, and
amended to read as follows:
(j) [(h)] The tax rate in a county authorized to impose the
tax under Section 352.002(a)(24), [352.002(a)(22), (23), (24), or]
(25), (26), or (27) may not exceed two percent of the price paid for
a room in a hotel.
SECTION 22.013. Section 352.003(h), Tax Code, as added by
Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
Session, 2007, is relettered as Section 352.003(k), Tax Code, and
amended to read as follows:
(k) [(h)] The tax rate in a county authorized to impose the
tax under Section 352.002(a)(28) [352.002(a)(22)] may not exceed
two percent of the price paid for a room in a hotel.
SECTION 22.013A. Section 352.102(c), Tax Code, is amended
to correct a cross-reference to read as follows:
(c) A county that borders the Republic of Mexico and that is
further described by Section 352.002(a)(14) [352.002(a)(12)] shall
use at least one-third of the revenue collected each fiscal year
from the tax imposed under this chapter for the purposes authorized
by this chapter in unincorporated areas of the county.
SECTION 22.014. Section 352.1034(a), Tax Code, as added by
Chapter 749 (H.B. 3132), Acts of the 80th Legislature, Regular
Session, 2007, is amended to read as follows:
(a) This section applies only to a county authorized to
impose a tax by Section 352.002(g) [352.002(f)].
SECTION 22.015. Section 352.1034, Tax Code, as added by
Chapter 1359 (H.B. 1820), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 352.1035, Tax Code, and
amended to read as follows:
Sec. 352.1035 [352.1034]. CERTAIN COUNTIES BORDERING
WHITNEY LAKE. The revenue from a tax imposed under this chapter by
a county authorized to impose the tax by Section 352.002(a)(29)
[352.002(a)(23)] may be used only for the purpose described in
Section 352.101(a)(3) and only in relation to unincorporated areas
of the county.
SECTION 22.016. Section 352.108, Tax Code, is amended to
correct a cross-reference to read as follows:
Sec. 352.108. USE OF REVENUE; CERTAIN COUNTIES THAT BORDER
MEXICO AND CONTAIN A NATIONAL RECREATION AREA. A county authorized
to impose a tax under this chapter by Section 352.002(a)(13)
[352.002(a)(12)] may use the revenue from the tax only as follows:
(1) 75 percent of the revenue for the promotion of
tourism; and
(2) notwithstanding Section 352.1015, 25 percent of
the revenue for the general revenue purposes or general
governmental operations of the county.
ARTICLE 23. CHANGES RELATING TO TRANSPORTATION CODE
SECTION 23.001. Section 203.002, Transportation Code, is
amended to remove unnecessary subsection lettering to read as
follows:
Sec. 203.002. MODERN STATE HIGHWAY SYSTEM. [(a)] To
promote public safety, facilitate the movement of traffic, preserve
the public’s financial investment in highways, promote the national
defense, and accomplish the purposes of this chapter, the
commission may:
(1) lay out, construct, maintain, and operate a modern
state highway system, with emphasis on the construction of
controlled access highways;
(2) plan for future highways; and
(3) convert where necessary an existing street, road,
or highway into a controlled access highway in accordance with
modern standards of speed and safety.
SECTION 23.002. Section 361.308, Transportation Code, is
transferred to Subchapter A, Chapter 228, Transportation Code, and
redesignated as Section 228.0031, Transportation Code, to read as
follows:
Sec. 228.0031 [361.308]. AGREEMENTS WITH LOCAL
GOVERNMENTS. (a) In this section, “local government” means a:
(1) county, municipality, special district, or other
political subdivision of this state;
(2) local government corporation created under
Subchapter D, Chapter 431; or
(3) combination of two or more entities described by
Subdivision (1) or (2).
(b) A local government may enter into an agreement with the
department or a private entity under which the local government
assists in the financing of the construction, maintenance, and
operation of a turnpike project located in the government’s
jurisdiction in return for a percentage of the revenue from the
project.
(c) A local government may use any revenue available for
road purposes, including bond and tax proceeds, to provide
financing under Subsection (b).
(d) An agreement under this section between a local
government and a private entity must be approved by the department.
(e) Revenue received by a local government under an
agreement under this section must be used for transportation
purposes.
SECTION 23.003. Chapter 361, Transportation Code, is
repealed.
SECTION 23.004. Chapter 371, Transportation Code, as added
by Chapters 103 (H.B. 570) and 258 (S.B. 11), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted, redesignated as
Chapter 372, Transportation Code, and amended to read as follows:
CHAPTER 372 [371]. PROVISIONS APPLICABLE TO MORE THAN ONE TYPE OF
TOLL PROJECT
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 372.001 [371.001]. DEFINITIONS. In this chapter:
(1) “Toll project” means a toll project described by
Section 201.001(b), regardless of whether the toll project:
(A) is a part of the state highway system; or
(B) is subject to the jurisdiction of the
department.
(2) “Toll project entity” means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
(A) the department under Chapter 227 or 228;
(B) a regional tollway authority under Chapter
366;
(C) a regional mobility authority under Chapter
370; or
(D) a county under Chapter 284.
SUBCHAPTER B. TOLL PROJECT OPERATION
Sec. 372.051 [371.051]. USE OF MOTOR VEHICLE REGISTRATION
OR LICENSE PLATE INFORMATION. (a) A toll project entity may not
use motor vehicle registration or other information derived from a
license plate on a vehicle using a toll project, including
information obtained by the use of automated enforcement technology
described by Section 228.058, for purposes other than those related
to:
(1) toll collection and toll collection enforcement;
and
(2) law enforcement purposes on request by a law
enforcement agency[, subject to Section 228.058(d)].
(b) If a toll project entity enters into an agreement with
an entity in another state that involves the exchange of motor
vehicle registration or license plate information for toll
collection or toll collection enforcement purposes, the agreement
must provide that the information may not be used for purposes other
than those described in Subsection (a).
Sec. 372.052 [371.001]. VEHICLES USED BY NONPROFIT
DISASTER RELIEF ORGANIZATIONS. [(a) In this section:
[(1) “Toll project” means a toll project described by
Section 201.001(b), regardless of whether the toll project is:
[(A) a part of the state highway system; or
[(B) subject to the jurisdiction of the
department.
[(2) “Toll project entity” means an entity authorized
by law to acquire, design, construct, finance, operate, and
maintain a toll project, including:
[(A) the department under Chapter 227 or 228;
[(B) a regional tollway authority under Chapter
366;
[(C) a regional mobility authority under Chapter
370; or
[(D) a county under Chapter 284.
[(b)] A toll project entity may not require a vehicle
registered under Section 502.203 to pay a toll for the use of a toll
project.
SECTION 23.005. Section 460.302(f), Transportation Code,
is amended to correct a reference to read as follows:
(f) In this section, “dedicated or special-purpose sales
and use tax” means a tax referred to or described by:
(1) Chapter 504 or 505, Local Government Code [Section
4A or 4B, Development Corporation Act of 1979 (Article 5190.6,
Vernon’s Texas Civil Statutes)];
(2) Section 379A.081, Local Government Code;
(3) Section 363.055, Local Government Code; or
(4) Section 327.003, Tax Code.
SECTION 23.006. Section 522.051(a), Transportation Code,
as amended by Chapters 37 (H.B. 84) and 1319 (S.B. 1260), Acts of
the 80th Legislature, Regular Session, 2007, is reenacted and
amended to read as follows:
(a) Except as provided by Subsection (f) and Sections
522.013(e), [and] 522.033, and 522.054, an original commercial
driver’s license or commercial driver learner’s permit expires five
years after the applicant’s next birthday.
SECTION 23.007. Section 550.081, Transportation Code, as
amended by Chapters 74 (H.B. 423) and 1407 (S.B. 766), Acts of the
80th Legislature, Regular Session, 2007, is reenacted and amended
to read as follows:
Sec. 550.081. REPORT OF MEDICAL EXAMINER OR JUSTICE OF THE
PEACE. (a) In this section, “department” means the Texas
Department of Transportation.
(b) A medical examiner or justice of the peace acting as
coroner in a county that does not have a medical examiner’s office
or that is not part of a medical examiner’s district shall submit a
report in writing to the department [Texas Department of
Transportation] of the death of a person that was the result of a
traffic accident to which this chapter applies and that occurred
within the jurisdiction of the medical examiner or justice of the
peace in the preceding calendar quarter.
(c) [(b)] The report must be submitted before the 11th day
of each calendar month and include:
(1) the name of the deceased and a statement as to
whether the deceased was:
(A) the operator of or a passenger in a vehicle
involved in the accident; or
(B) a pedestrian or other nonoccupant of a
vehicle;
(2) the date of the accident and the name of the county
in which the accident occurred;
(3) the name of any laboratory, medical examiner’s
office, or other facility that conducted toxicological testing
relative to the deceased; and
(4) the results of any toxicological testing that was
conducted.
(d) [(c)] A report required by this section shall be sent
to:
(1) the crash records bureau of the department at its
headquarters in Austin; or
(2) any other office or bureau of the department that
the department designates.
(e) [(d)] If toxicological test results are not available
to the medical examiner or justice of the peace on the date a report
must be submitted, the medical examiner or justice shall:
(1) submit a report that includes the statement
“toxicological test results unavailable”; and
(2) submit a supplement to the report that contains
the information required by Subsections (c)(3) [(b)(3)] and (4) as
soon as practicable after the toxicological test results become
available.
(f) [(e)] The department shall prepare and when requested
supply to medical examiners’ offices and justices of the peace the
forms necessary to make the reports required by this section.
SECTION 23.008. Section 642.001(6), Transportation Code,
is amended to correct a reference to read as follows:
(6) “Tow truck” has the meaning assigned that term by
Section 2308.002, Occupations Code [643.001].
SECTION 23.009. Section 644.101(b), Transportation Code,
as amended by Chapters 508 (S.B. 545), 702 (H.B. 2077), and 1030
(H.B. 1638), Acts of the 80th Legislature, Regular Session, 2007,
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 2.4 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; or
(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.
ARTICLE 24. CHANGES RELATING TO WATER CODE
SECTION 24.001. Subdivision (15), Section 11.002, Water
Code, as added by Chapter 1352 (H.B. 4), Acts of the 80th
Legislature, Regular Session, 2007, is repealed.
SECTION 24.002. Section 11.152, Water Code, is amended to
add a heading and to correct a cross-reference to read as follows:
Sec. 11.152. ASSESSMENT OF EFFECTS OF PERMITS ON FISH AND
WILDLIFE HABITATS. In its consideration of an application for a
permit to store, take, or divert water in excess of 5,000 acre feet
per year, the commission shall assess the effects, if any, on the
issuance of the permit on fish and wildlife habitats and may require
the applicant to take reasonable actions to mitigate adverse
impacts on such habitat. In determining whether to require an
applicant to mitigate adverse impacts on a habitat, the commission
may consider any net benefit to the habitat produced by the project.
The commission shall offset against any mitigation required by the
U.S. Fish and Wildlife Service pursuant to 33 C.F.R. Parts
[Sections] 320-330 any mitigation authorized by this section.
SECTION 24.003. Section 11.504, Water Code, is amended to
add a heading to read as follows:
Sec. 11.504. APPLICABILITY TO CERTAIN MINING-RELATED
ACTIVITIES. This Act shall not apply to surface mining and
reclamation.
SECTION 24.004. Section 11.505, Water Code, is amended to
add a heading to read as follows:
Sec. 11.505. APPLICABILITY TO STATE REVOLVING LOAN FUND
PROGRAM. This Act shall not apply to the state revolving loan fund
program.
SECTION 24.005. Section 11.506, Water Code, is amended to
add a heading to read as follows:
Sec. 11.506. CONFLICT BETWEEN STATE AND FEDERAL LAW. If the
state definition conflicts with the federal definition in any
manner, the federal definition prevails.
SECTION 24.006. Section 49.271(c), Water Code, as amended
by Chapters 33 (S.B. 657) and 452 (H.B. 576), Acts of the 80th
Legislature, Regular Session, 2007, is reenacted to read as
follows:
(c) The district may adopt minimum criteria for the
qualifications of bidders on its construction contracts and for
sureties issuing payment and performance bonds. For construction
contracts over $50,000, the district shall require a person who
bids to submit a certified or cashier’s check on a responsible bank
in the state equal to at least two percent of the total amount of the
bid, or a bid bond of at least two percent of the total amount of the
bid issued by a surety legally authorized to do business in this
state, as a good faith deposit to ensure execution of the contract.
Notwithstanding any criteria adopted under this subsection, for a
contract for more than $250,000, the district must accept a bid bond
in the amount required by the district as a bid deposit if the bid
bond meets the other requirements of this subsection. If the
successful bidder fails or refuses to enter into a proper contract
with the district, or fails or refuses to furnish the payment and
performance bonds required by law, the bidder forfeits the deposit.
The payment, performance, and bid bonding requirements of this
subsection do not apply to a contract for the purchase of equipment,
materials, or machinery not otherwise incorporated into a
construction project.
SECTION 24.007. Section 66.402, Water Code, is amended to
add a heading to read as follows:
Sec. 66.402. ORDER TO DISSOLVE DISTRICT. (a) After
considering the petition and the accompanying evidence, if the
commission finds that the work is completed according to the plan
and the facilities have been conveyed and that all bonds and other
indebtedness have been retired, the commission shall order the
district dissolved.
(b) If the commission finds that the work has not been
completed according to the plan, that all facilities have not been
conveyed, or that all bonds and other indebtedness have not been
retired, the commission shall issue an order that will ensure that
the work is completed by the district, all conveyances are made, and
all debt will be retired, and on compliance with this order shall
issue an order dissolving the district.
ARTICLE 25. CHANGES RELATING TO VARIOUS CODES TO UPDATE
REFERENCES TO OR CONCERNING THE TEXAS DEPARTMENT OF CRIMINAL
JUSTICE
SECTION 25.001. Section 144.127(b), Agriculture Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by
imprisonment in the Texas Department of Criminal Justice
[Corrections] for not less than 2 years nor more than 12 years.
SECTION 25.002. Section 144.128(b), Agriculture Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by
imprisonment in the Texas Department of Criminal Justice
[Corrections] for not less than 2 years nor more than 12 years.
SECTION 25.003. Section 147.061(c), Agriculture Code, is
amended to read as follows:
(c) An offense under Subsection (a) [of this section] is a
felony punishable by:
(1) a fine of not less than $500 nor more than $5,000;
(2) imprisonment in the Texas Department of Criminal
Justice [Corrections] for not less than one nor more than two years;
or
(3) both fine and imprisonment under this subsection.
SECTION 25.004. Section 147.064(c), Agriculture Code, is
amended to read as follows:
(c) An offense under Subsection (a) [of this section] is a
felony punishable by imprisonment in the Texas Department of
Criminal Justice [Corrections] for not less than two years nor more
than four years.
SECTION 25.005. Section 149.005(b), Agriculture Code, is
amended to read as follows:
(b) A second or subsequent offense under this chapter is
punishable by imprisonment in the [institutional division of the]
Texas Department of Criminal Justice for not less than two years nor
more than five years.
SECTION 25.006. Section 161.141(d), Agriculture Code, is
amended to read as follows:
(d) A second or subsequent offense under Subsection (c) [of
this section] is a felony punishable by:
(1) imprisonment in the Texas Department of Criminal
Justice [Corrections] for not less than two years nor more than five
years; and
(2) a fine of not more than $10,000.
SECTION 25.007. Section 101.69, Alcoholic Beverage Code, is
amended to read as follows:
Sec. 101.69. FALSE STATEMENT. Except as provided in
Section 103.05(d) [of this code], a person who makes a false
statement or false representation in an application for a permit or
license or in a statement, report, or other instrument to be filed
with the commission and required to be sworn commits an offense
punishable by imprisonment in the Texas Department of Criminal
Justice [penitentiary] for not less than 2 nor more than 10 years.
SECTION 25.008. Section 103.05(d), Alcoholic Beverage
Code, is amended to read as follows:
(d) A peace officer who makes a false report of the property
seized commits a felony punishable by confinement in the Texas
Department of Criminal Justice [penitentiary] for not less than two
years and not more than five years.
SECTION 25.009. Section 206.06(f), Alcoholic Beverage
Code, is amended to read as follows:
(f) A person who violates any provision of this section
commits a felony punishable by imprisonment in the Texas Department
of Criminal Justice [penitentiary] for not less than 2 nor more than
20 years.
SECTION 25.010. Section 15.22(a), Business & Commerce Code,
is amended to read as follows:
(a) Every person, other than a municipal corporation, who
acts in violation of any of the prohibitions in Section 15.05(a) or
(b) [Subsection (a) or (b) of Section 15.05 of this Act] shall be
deemed guilty of a felony and upon conviction shall be punished by
confinement in the Texas Department of Criminal Justice
[Corrections] for a term of not more than three years or by a fine
not to exceed $5,000 or by both.
SECTION 25.011. Section 132.001(a), Civil Practice and
Remedies Code, is amended to read as follows:
(a) Except as provided by Subsection (b), an unsworn
declaration made as provided by this chapter by an inmate in the
Texas Department of Criminal Justice [Corrections] or in a county
jail may be used in lieu of a written sworn declaration,
verification, certification, oath, or affidavit required by
statute or required by a rule, order, or requirement adopted as
provided by law.
SECTION 25.012. Section 132.003, Civil Practice and
Remedies Code, is amended to read as follows:
Sec. 132.003. FORM OF DECLARATION. The form of a
declaration under this chapter must be substantially as follows:
“I, (insert name and inmate identifying number from Texas
Department of Criminal Justice [Corrections] or county jail), being
presently incarcerated in (insert Texas Department of Criminal
Justice [Corrections] unit name or county jail name) in
_______________ County, Texas, declare under penalty of perjury
that the foregoing is true and correct. Executed on (date).
(signature)”
SECTION 25.013. Article 24.13, Code of Criminal Procedure,
is amended to read as follows:
Art. 24.13. ATTACHMENT FOR CONVICT WITNESSES. All persons
who have been or may be convicted in this state [State], and who are
confined in an institution operated by the Texas Department of
Criminal Justice [Corrections] or any jail in this state [State],
shall be permitted to testify in person in any court for the state
[State] and the defendant when the presiding judge finds, after
hearing, that the ends of justice require their attendance, and
directs that an attachment issue to accomplish the purpose,
notwithstanding any other provision of this code [Code]. Nothing
in this article [Article] shall be construed as limiting the power
of the courts of this state [State] to issue bench warrants.
SECTION 25.014. Section 4(c), Article 24.29, Code of
Criminal Procedure, is amended to read as follows:
(c) The judge, in lieu of directing the person having
custody of the witness to produce him in the requesting
jurisdiction’s court, may direct and require in his order that:
(1) an officer of the requesting jurisdiction come to
the Texas penal institution in which the witness is confined to
accept custody of the witness for physical transfer to the
requesting jurisdiction;
(2) the requesting jurisdiction provide proper
safeguards on his custody while in transit;
(3) the requesting jurisdiction be liable for and pay
all expenses incurred in producing and returning the witness,
including but not limited to food, lodging, clothing, and medical
care; and
(4) the requesting jurisdiction promptly deliver the
witness back to the same or another Texas penal institution as
specified by the Texas Department of Criminal Justice [Corrections]
at the conclusion of his testimony.
SECTION 25.015. Section 2(e)(2), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(2) The court shall:
(A) instruct the jury that if the jury answers
that a circumstance or circumstances warrant that a sentence of
life imprisonment without parole rather than a death sentence be
imposed, the court will sentence the defendant to imprisonment in
the [institutional division of the] Texas Department of Criminal
Justice for life without parole; and
(B) charge the jury that a defendant sentenced to
confinement for life without parole under this article is
ineligible for release from the department on parole.
SECTION 25.016. Section 2(g), Article 37.071, Code of
Criminal Procedure, is amended to read as follows:
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) and a negative finding on an issue
submitted under Subsection (e)(1), the court shall sentence the
defendant to death. If the jury returns a negative finding on any
issue submitted under Subsection (b) or an affirmative finding on
an issue submitted under Subsection (e)(1) or is unable to answer
any issue submitted under Subsection (b) or (e), the court shall
sentence the defendant to confinement in the [institutional
division of the] Texas Department of Criminal Justice for life
imprisonment without parole.
SECTION 25.017. Section 3(g), Article 37.0711, Code of
Criminal Procedure, is amended to read as follows:
(g) If the jury returns an affirmative finding on each issue
submitted under Subsection (b) [of this section] and a negative
finding on the issue submitted under Subsection (e) [of this
section], the court shall sentence the defendant to death. If the
jury returns a negative finding on any issue submitted under
Subsection (b) [of this section] or an affirmative finding on the
issue submitted under Subsection (e) [of this section] or is unable
to answer any issue submitted under Subsection (b) or (e) [of this
section], the court shall sentence the defendant to confinement in
the [institutional division of the] Texas Department of Criminal
Justice for life.
SECTION 25.018. Sections 3 and 4, Article 42.03, Code of
Criminal Procedure, are amended to read as follows:
Sec. 3. If a defendant appeals his conviction, is not
released on bail, and is retained in a jail as provided in Section
7, Article 42.09, pending his appeal, the judge of the court in
which the defendant was convicted shall give the defendant credit
on his sentence for the time that the defendant has spent in jail
pending disposition of his appeal. The court shall endorse on both
the commitment and the mandate from the appellate court all credit
given the defendant under this section, and the [institutional
division of the] Texas Department of Criminal Justice shall grant
the credit in computing the defendant’s eligibility for parole and
discharge.
Sec. 4. When a defendant who has been sentenced to
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice has spent time in jail pending trial
and sentence or pending appeal, the judge of the sentencing court
shall direct the sheriff to attach to the commitment papers a
statement assessing the defendant’s conduct while in jail.
SECTION 25.019. Sections 1(a) and (d), Article 42.031, Code
of Criminal Procedure, are amended to read as follows:
(a) The sheriff of each county may attempt to secure
employment for each defendant sentenced to the county jail work
release program under Article 42.034 [of this code] and each
defendant confined in the county jail awaiting transfer to the
[institutional division of the] Texas Department of Criminal
Justice.
(d) If the sheriff does not find employment for a defendant
who would otherwise be sentenced to imprisonment in the department
[institutional division], the sheriff shall:
(1) transfer the defendant to the sheriff of a county
who agrees to accept the defendant as a participant in the county
jail work release program; or
(2) retain the defendant in the county jail for
employment as soon as possible in a jail work release program.
SECTION 25.020. Section 3(a), Article 42.031, Code of
Criminal Procedure, is amended to read as follows:
(a) The sheriff of each county shall classify each felon
serving a sentence in the county jail work release program for the
purpose of awarding good conduct time credit in the same manner as
inmates of the [institutional division of the] Texas Department of
Criminal Justice are classified under Chapter 498, Government Code,
and shall award good conduct time in the same manner as the director
of the department does in that chapter.
SECTION 25.021. Article 42.037(o), Code of Criminal
Procedure, is amended to read as follows:
(o) The department [pardons and paroles division] may waive
a supervision fee or an administrative fee imposed on an inmate
under Section 508.182, Government Code, during any period in which
the inmate is required to pay restitution under this article.
SECTION 25.022. Article 42.08(b), Code of Criminal
Procedure, is amended to read as follows:
(b) If a defendant is sentenced for an offense committed
while the defendant was an inmate in the [institutional division of
the] Texas Department of Criminal Justice and serving a sentence
for an offense other than a state jail felony and the defendant has
not completed the sentence he was serving at the time of the
offense, the judge shall order the sentence for the subsequent
offense to commence immediately on completion of the sentence for
the original offense.

SECTION 25.023. Sections 1, 2, 3, 4, 5, 6, and 7, Article
42.09, Code of Criminal Procedure, are amended to read as follows:
Sec. 1. Except as provided in Sections 2 and 3, a defendant
shall be delivered to a jail or to the [institutional division of
the] Texas Department of Criminal Justice when his sentence is
pronounced, or his sentence to death is announced, by the court.
The defendant’s sentence begins to run on the day it is pronounced,
but with all credits, if any, allowed by Article 42.03.
Sec. 2. If a defendant appeals his conviction and is
released on bail pending disposition of his appeal, when his
conviction is affirmed, the clerk of the trial court, on receipt of
the mandate from the appellate court, shall issue a commitment
against the defendant. The officer executing the commitment shall
endorse thereon the date he takes the defendant into custody and the
defendant’s sentence begins to run from the date endorsed on the
commitment. The [institutional division of the] Texas Department
of Criminal Justice shall admit the defendant named in the
commitment on the basis of the commitment.
Sec. 3. If a defendant is convicted of a felony and
sentenced to death, life, or a term of more than ten years in the
[institutional division of the] Texas Department of Criminal
Justice and he gives notice of appeal, he shall be transferred to
the department [institutional division] on a commitment pending a
mandate from the court of appeals or the Court of Criminal Appeals.
Sec. 4. If a defendant is convicted of a felony, is eligible
for release on bail pending appeal under Article [article]
44.04(b), and gives notice of appeal, he shall be transferred to the
[Institutional Division of the] Texas Department of Criminal
Justice on a commitment pending a mandate from the Court of Appeals
or the Court of Criminal Appeals upon request in open court or upon
written request to the sentencing court. Upon a valid transfer to
the department [institutional division] under this section, the
defendant may not thereafter be released on bail pending his
appeal.
Sec. 5. If a defendant is transferred to the [institutional
division of the] Texas Department of Criminal Justice pending
appeal under Section 3 or 4, his sentence shall be computed as if no
appeal had been taken if the appeal is affirmed.
Sec. 6. All defendants who have been transferred to the
[institutional division of the] Texas Department of Criminal
Justice pending the appeal of their convictions under this article
shall be under the control and authority of the department
[institutional division] for all purposes as if no appeal were
pending.
Sec. 7. If a defendant is sentenced to a term of
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice but is not transferred to the
department [institutional division] under Section 3 or 4 [of this
article], the court, before the date on which it would lose
jurisdiction under Section 6(a), Article 42.12, [of this code,]
shall send to the department a document containing a statement of
the date on which the defendant’s sentence was pronounced and
credits earned by the defendant under Article 42.03 [of this code]
as of the date of the statement.
SECTION 25.024. Section 8(d), Article 42.09, Code of
Criminal Procedure, is amended to read as follows:
(d) The correctional institutions [institutional] division
of the Texas Department of Criminal Justice shall make documents
received under Subsections (a) and (c) available to the parole
[pardons and paroles] division on the request of the parole
[pardons and paroles] division and shall, on release of a defendant
on parole or to mandatory supervision, immediately provide the
parole [pardons and paroles] division with copies of documents
received under Subsection (a). The parole [pardons and paroles]
division shall provide to the parole officer appointed to supervise
the defendant a comprehensive summary of the information contained
in the documents referenced in this section not later than the 14th
day after the date of the defendant’s release. The summary shall
include a current photograph of the defendant and a complete set of
the defendant’s fingerprints. Upon written request from the county
sheriff, the photograph and fingerprints shall be filed with the
sheriff of the county to which the parolee is assigned if that
county is not the county from which the parolee was sentenced.
SECTION 25.025. Section 3g(b), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(b) If there is an affirmative finding under Subsection
(a)(2) in the trial of a felony of the second degree or higher that
the deadly weapon used or exhibited was a firearm and the defendant
is granted community supervision, the court may order the defendant
confined in the [institutional division of the] Texas Department of
Criminal Justice for not less than 60 and not more than 120 days. At
any time after the defendant has served 60 days in the custody of
the department [institutional division], the sentencing judge, on
his own motion or on motion of the defendant, may order the
defendant released to community supervision. The department
[institutional division] shall release the defendant to community
supervision after he has served 120 days.
SECTION 25.026. Section 5(c), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(c) On expiration of a community supervision period imposed
under Subsection (a) [of this section], if the judge has not
proceeded to adjudication of guilt, the judge shall dismiss the
proceedings against the defendant and discharge him. The judge may
dismiss the proceedings and discharge a defendant, other than a
defendant charged with an offense requiring the defendant to
register as a sex offender under Chapter 62, [as added by Chapter
668, Acts of the 75th Legislature, Regular Session, 1997,] prior to
the expiration of the term of community supervision if in the
judge’s opinion the best interest of society and the defendant will
be served. The judge may not dismiss the proceedings and discharge
a defendant charged with an offense requiring the defendant to
register under Chapter 62[, as added by Chapter 668, Acts of the
75th Legislature, Regular Session, 1997]. Except as provided by
Section 12.42(g), Penal Code, a dismissal and discharge under this
section may not be deemed a conviction for the purposes of
disqualifications or disabilities imposed by law for conviction of
an offense. For any defendant who receives a dismissal and
discharge under this section:
(1) upon conviction of a subsequent offense, the fact
that the defendant had previously received community supervision
with a deferred adjudication of guilt shall be admissible before
the court or jury to be considered on the issue of penalty;
(2) if the defendant is an applicant for a license or
is a licensee under Chapter 42, Human Resources Code, the [Texas]
Department of Family and Protective [Human] Services may consider
the fact that the defendant previously has received community
supervision with a deferred adjudication of guilt under this
section in issuing, renewing, denying, or revoking a license under
that chapter; and
(3) if the defendant is a person who has applied for
registration to provide mental health or medical services for the
rehabilitation of sex offenders, the [Interagency] Council on Sex
Offender Treatment may consider the fact that the defendant has
received community supervision under this section in issuing,
renewing, denying, or revoking a license or registration issued by
that council.
SECTION 25.027. Sections 6(a) and (b), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(a) For the purposes of this section, the jurisdiction of a
court imposing [in which] a sentence requiring imprisonment in the
[institutional division of the] Texas Department of Criminal
Justice for an offense other than a state jail felony continues [is
imposed by the judge of the court shall continue] for 180 days from
the date the execution of the sentence actually begins. Before the
expiration of 180 days from the date the execution of the sentence
actually begins, the judge of the court that imposed such sentence
may on his own motion, on the motion of the attorney representing
the state, or on the written motion of the defendant, suspend
further execution of the sentence and place the defendant on
community supervision under the terms and conditions of this
article, if in the opinion of the judge the defendant would not
benefit from further imprisonment and:
(1) the defendant is otherwise eligible for community
supervision under this article; and
(2) the defendant had never before been incarcerated
in a penitentiary serving a sentence for a felony.
(b) When the defendant or the attorney representing the
state files a written motion requesting suspension by the judge of
further execution of the sentence and placement of the defendant on
community supervision, and when requested to do so by the judge, the
clerk of the court shall request a copy of the defendant’s record
while imprisoned from the [institutional division of the] Texas
Department of Criminal Justice or, if the defendant is confined in
county jail, from the sheriff. Upon receipt of such request, the
[institutional division of the] Texas Department of Criminal
Justice or the sheriff shall forward to the judge, as soon as
possible, a full and complete copy of the defendant’s record while
imprisoned or confined. When the defendant files a written motion
requesting suspension of further execution of the sentence and
placement on community supervision, he shall immediately deliver or
cause to be delivered a true and correct copy of the motion to the
office of the attorney representing the state.
SECTION 25.028. Sections 8(a) and (b), Article 42.12, Code
of Criminal Procedure, are amended to read as follows:
(a) For the purposes of this section, the jurisdiction of a
court imposing [in which] a sentence requiring imprisonment in the
[institutional division of the] Texas Department of Criminal
Justice for an offense other than a state jail felony continues [is
imposed for conviction of a felony shall continue] for 180 days from
the date on which the convicted person is received into custody by
the department [institutional division]. After the expiration of
75 days but prior to the expiration of 180 days from the date on
which the convicted person is received into custody by the
department [institutional division], the judge of the court that
imposed the sentence may suspend further execution of the sentence
imposed and place the person on community supervision under the
terms and conditions of this article, if in the opinion of the judge
the person would not benefit from further imprisonment. The court
shall clearly indicate in its order recommending the placement of
the person in the state boot camp program that the court is not
retaining jurisdiction over the person for the purposes of Section
6 [of this article]. A court may recommend a person for placement
in the state boot camp program only if:
(1) the person is otherwise eligible for community
supervision under this article;
(2) the person is 17 years of age or older but younger
than 26 years and is physically and mentally capable of
participating in a program that requires strenuous physical
activity; and
(3) the person is not convicted of an offense
punishable as a state jail felony.
(b) On the 76th day after the day on which the convicted
person is received into custody by the department [institutional
division], the department [institutional division] shall send the
convicting court the record of the person’s progress, conduct, and
conformity to department [institutional division] rules.
SECTION 25.029. Section 13A(a), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(a) A court granting community supervision to a defendant
convicted of an offense for which the court has made an affirmative
finding under Article 42.014 [of this code] shall require as a term
of community supervision that the defendant:
(1) serve a term of not more than one year imprisonment
in the [institutional division of the] Texas Department of Criminal
Justice if the offense is a felony other than an offense under
Section 19.02, Penal Code; or
(2) serve a term of not more than 90 days confinement
in jail if the offense is a misdemeanor.
SECTION 25.030. Section 23(b), Article 42.12, Code of
Criminal Procedure, is amended to read as follows:
(b) No part of the time that the defendant is on community
supervision shall be considered as any part of the time that he
shall be sentenced to serve, except that on revocation, the judge
shall credit to the defendant time served by the defendant as a
condition of community supervision in a substance abuse treatment
facility operated by the Texas Department of Criminal Justice under
Section 493.009, Government Code, or another court-ordered
residential program or facility, but only if the defendant
successfully completes the treatment program in that facility. The
right of the defendant to appeal for a review of the conviction and
punishment, as provided by law, shall be accorded the defendant at
the time he is placed on community supervision. When he is notified
that his community supervision is revoked for violation of the
conditions of community supervision and he is called on to serve a
sentence in a jail or in the [institutional division of the] Texas
Department of Criminal Justice, he may appeal the revocation.
SECTION 25.031. Article X(b), Article 42.19, Code of
Criminal Procedure, is amended to read as follows:
(b) Powers. The director of the Texas Department of
Criminal Justice [Corrections] is authorized and directed to do all
things necessary or incidental to the carrying out of the compact in
every particular.
SECTION 25.032. Articles 43.101(a) and (b), Code of
Criminal Procedure, are amended to read as follows:
(a) A defendant confined in county jail awaiting trial or a
defendant confined in county jail after conviction of a felony or
revocation of community supervision, parole, or mandatory
supervision and awaiting transfer to the [institutional division of
the] Texas Department of Criminal Justice may volunteer to
participate in any work program operated by the sheriff that uses
the labor of convicted defendants.
(b) The sheriff may accept a defendant as a volunteer under
Subsection (a) [of this section] if the defendant is not awaiting
trial for an offense involving violence or is not awaiting transfer
to the [institutional division of the] Texas Department of Criminal
Justice after conviction of a felony involving violence, and if the
sheriff determines that the inmate has not engaged previously in
violent conduct and does not pose a security risk to the general
public if allowed to participate in the work program.
SECTION 25.033. Article 43.14, Code of Criminal Procedure,
is amended to read as follows:
Art. 43.14. EXECUTION OF CONVICT. Whenever the sentence of
death is pronounced against a convict, the sentence shall be
executed at any time after the hour of 6 p.m. on the day set for the
execution, by intravenous injection of a substance or substances in
a lethal quantity sufficient to cause death and until such convict
is dead, such execution procedure to be determined and supervised
by the director [Director] of the correctional institutions
[institutional] division of the Texas Department of Criminal
Justice.
SECTION 25.034. Article 43.18, Code of Criminal Procedure,
is amended to read as follows:
Art. 43.18. EXECUTIONER. The director [Director] of the
Texas Department of Criminal Justice [Corrections,] shall
designate an executioner to carry out the death penalty provided by
law.
SECTION 25.035. Article 43.19, Code of Criminal Procedure,
is amended to read as follows:
Art. 43.19. PLACE OF EXECUTION. The execution shall take
place at a location designated by the Texas Department of Criminal
Justice [Corrections] in a room arranged for that purpose.
SECTION 25.036. Article 44.251(b), Code of Criminal
Procedure, is amended to read as follows:
(b) The court of criminal appeals shall reform a sentence of
death to a sentence of confinement in the [institutional division
of the] Texas Department of Criminal Justice for life without
parole if:
(1) the court finds reversible error that affects the
punishment stage of the trial other than a finding of insufficient
evidence under Subsection (a) [of this article]; and
(2) within 30 days after the date on which the opinion
is handed down, the date the court disposes of a timely request for
rehearing, or the date that the United States Supreme Court
disposes of a timely filed petition for writ of certiorari,
whichever date is later, the prosecuting attorney files a motion
requesting that the sentence be reformed to confinement for life
without parole.
SECTION 25.037. Articles 44.2511(b) and (c), Code of
Criminal Procedure, are amended to read as follows:
(b) The court of criminal appeals shall reform a sentence of
death to a sentence of confinement in the [institutional division
of the] Texas Department of Criminal Justice for life if the court
finds that there is legally insufficient evidence to support an
affirmative answer to an issue submitted to the jury under Section
3(b), Article 37.0711.
(c) The court of criminal appeals shall reform a sentence of
death to a sentence of confinement in the [institutional division
of the] Texas Department of Criminal Justice for life if:
(1) the court finds reversible error that affects the
punishment stage of the trial other than a finding of insufficient
evidence under Subsection (b); and
(2) within 30 days after the date on which the opinion
is handed down, the date the court disposes of a timely request for
rehearing, or the date that the United States Supreme Court
disposes of a timely filed petition for writ of certiorari,
whichever date is later, the prosecuting attorney files a motion
requesting that the sentence be reformed to confinement for life.
SECTION 25.038. Articles 56.03(a), (b), and (h), Code of
Criminal Procedure, are amended to read as follows:
(a) The Texas Crime Victim Clearinghouse, with the
participation of the community justice assistance division of the
Texas Department of Criminal Justice [Texas Adult Probation
Commission] and the Board of Pardons and Paroles, shall develop a
form to be used by law enforcement agencies, prosecutors, and other
participants in the criminal justice system to record the impact of
an offense on a victim of the offense, guardian of a victim, or a
close relative of a deceased victim and to provide the agencies,
prosecutors, and participants with information needed to contact
the victim, guardian, or relative if needed at any stage of a
prosecution of a person charged with the offense. The Texas Crime
Victim Clearinghouse, with the participation of the community
justice assistance division of the Texas Department of Criminal
Justice [Texas Adult Probation Commission] and the Board of Pardons
and Paroles, shall also develop a victims’ information booklet that
provides a general explanation of the criminal justice system to
victims of an offense, guardians of victims, and relatives of
deceased victims.

(b) The victim impact statement must be in a form designed
to inform a victim, guardian of a victim, or a close relative of a
deceased victim with a clear statement of rights provided by
Article 56.02 [of this code] and to collect the following
information:
(1) the name of the victim of the offense or, if the
victim has a legal guardian or is deceased, the name of a guardian
or close relative of the victim;
(2) the address and telephone number of the victim,
guardian, or relative through which the victim, guardian of a
victim, or a close relative of a deceased victim, may be contacted;
(3) a statement of economic loss suffered by the
victim, guardian, or relative as a result of the offense;
(4) a statement of any physical or psychological
injury suffered by the victim, guardian, or relative as a result of
the offense, as described by the victim, guardian, relative, or by a
physician or counselor;
(5) a statement of any psychological services
requested as a result of the offense;
(6) a statement of any change in the victim’s,
guardian’s, or relative’s personal welfare or familial relationship
as a result of the offense;
(7) a statement as to whether or not the victim,
guardian, or relative wishes to be notified in the future of any
parole hearing for the defendant and an explanation as to the
procedures by which the victim, guardian, or relative may obtain
information concerning the release of the defendant from the Texas
Department of Criminal Justice [Corrections]; and
(8) any other information, other than facts related to
the commission of the offense, related to the impact of the offense
on the victim, guardian, or relative.
(h) Not later than December 1 of each odd-numbered year, the
Texas Crime Victim Clearinghouse, with the participation of the
community justice assistance division of the Texas Department of
Criminal Justice [Texas Adult Probation Commission] and the Board
of Pardons and Paroles, shall update the victim impact statement
form and any other information provided by the commission to
victims, guardians of victims, and relatives of deceased victims,
if necessary, to reflect changes in law relating to criminal
justice and the rights of victims and guardians and relatives of
victims.
SECTION 25.039. Article 56.04(e), Code of Criminal
Procedure, is amended to read as follows:
(e) The victim assistance coordinator shall send a copy of a
victim impact statement to the court sentencing the defendant. If
the court sentences the defendant to imprisonment in the Texas
Department of Criminal Justice [Corrections], it shall attach the
copy of the victim impact statement to the commitment papers.
SECTION 25.040. Article 56.05(a), Code of Criminal
Procedure, is amended to read as follows:
(a) The Board of Pardons and Paroles, the community justice
assistance division of the Texas Department of Criminal Justice
[Texas Adult Probation Commission], and the Texas Crime Victim
Clearinghouse, designated as the planning body for the purposes of
this article, shall develop a survey plan to maintain statistics on
the numbers and types of persons to whom state and local agencies
provide victim impact statements during each year.
SECTION 25.041. Articles 56.08(a) and (c), Code of Criminal
Procedure, are amended to read as follows:
(a) Not later than the 10th day after the date that an
indictment or information is returned against a defendant for an
offense, the attorney representing the state shall give to each
victim of the offense a written notice containing:
(1) a brief general statement of each procedural stage
in the processing of a criminal case, including bail, plea
bargaining, parole restitution, and appeal;
(2) notification of the rights and procedures under
this chapter;
(3) suggested steps the victim may take if the victim
is subjected to threats or intimidation;
(4) notification of the right to receive information
regarding compensation to victims of crime as provided by
Subchapter B [of this chapter], including information about:
(A) the costs that may be compensated under
Subchapter B [of this chapter], eligibility for compensation, and
procedures for application for compensation under Subchapter B of
this chapter;
(B) the payment for a medical examination for a
victim of a sexual assault under Article 56.06 [of this code]; and
(C) referral to available social service
agencies that may offer additional assistance;
(5) the name, address, and phone number of the local
victim assistance coordinator;
(6) the case number and assigned court for the case;
(7) the right to file a victim impact statement with
the office of the attorney representing the state and the [pardons
and paroles division of the] Texas Department of Criminal Justice;
and
(8) notification of the right of a victim, guardian of
a victim, or close relative of a deceased victim, as defined by
Section 508.117, Government Code, to appear in person before a
member of the Board of Pardons and Paroles as provided by Section
508.153, Government Code.
(c) A victim who receives a notice under Subsection (a) [of
this article] and who chooses to receive other notice under law
about the same case must keep the following persons informed of the
victim’s current address and phone number:
(1) the attorney representing the state; and
(2) the [pardons and paroles division of the] Texas
Department of Criminal Justice if after sentencing the defendant is
confined in the department [institutional division].
SECTION 25.042. Articles 56.12(a), (a-1), and (c), Code of
Criminal Procedure, are amended to read as follows:
(a) The Texas Department of Criminal Justice shall
immediately notify the victim of an offense, the victim’s guardian,
or the victim’s close relative, if the victim is deceased, if the
victim, victim’s guardian, or victim’s close relative has notified
the department [institutional division] as provided by Subsection
(b) [of this article], whenever the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies [institutional division]; or
(2) is transferred from the custody of a facility
operated by the department for the imprisonment of individuals
convicted of felonies other than state jail felonies [institutional
division] to the custody of a peace officer under a writ of
attachment or a bench warrant.
(a-1) The Texas Department of Criminal Justice shall
immediately notify a witness who testified against a defendant at
the trial for the offense for which the defendant is incarcerated,
the witness’s guardian, or the witness’s close relative, if the
witness is deceased, if the witness, witness’s guardian, or
witness’s close relative has notified the department
[institutional division] as provided by Subsection (b), whenever
the defendant:
(1) escapes from a facility operated by the department
for the imprisonment of individuals convicted of felonies other
than state jail felonies [institutional division]; or
(2) is transferred from the custody of a facility
operated by the department for the imprisonment of individuals
convicted of felonies other than state jail felonies [institutional
division] to the custody of a peace officer under a writ of
attachment or a bench warrant.
(c) In providing notice under Subsection (a)(2) or
(a-1)(2), the department [institutional division] shall include
the name, address, and telephone number of the peace officer
receiving the defendant into custody. On returning the defendant
to the custody of the department [institutional division], the
victim services division of the department [Texas Department of
Criminal Justice] shall notify the victim, witness, guardian, or
close relative, as applicable, of that fact.
SECTION 25.043. Article 59.02(f), Code of Criminal
Procedure, is amended to read as follows:
(f) Any property that is contraband and has been seized by
the [institutional division of the] Texas Department of Criminal
Justice shall be forfeited to the department [institutional
division] under the same rules and conditions as for other
forfeitures.
SECTION 25.044. Article 60.052(c), Code of Criminal
Procedure, is amended to read as follows:
(c) Information in the corrections tracking system relating
to the handling of offenders must include the following information
about each imprisonment, confinement, or execution of an offender:
(1) the date of the imprisonment or confinement;
(2) if the offender was sentenced to death:
(A) the date of execution; and
(B) if the death sentence was commuted, the
sentence to which the sentence of death was commuted and the date of
commutation;
(3) the date the offender was released from
imprisonment or confinement and whether the release was a discharge
or a release on parole or mandatory supervision;
(4) if the offender is released on parole or mandatory
supervision:
(A) the offense for which the offender was
convicted by offense code and incident number;
(B) the date the offender was received by an
office of the parole [Board of Pardons and Paroles] division;
(C) the county in which the offender resides
while under supervision;
(D) any program in which an offender is placed or
has previously been placed and the level of supervision the
offender is placed on while under the jurisdiction of the parole
[Board of Pardons and Paroles] division;
(E) the date a program described by Paragraph (D)
[of this subdivision] begins, the date the program ends, and
whether the program was completed successfully;
(F) the date a level of supervision described by
Paragraph (D) [of this subdivision] begins and the date the level of
supervision ends;
(G) if the offender’s release status is revoked,
the reason for the revocation and the date of revocation;
(H) the expiration date of the sentence; and
(I) the date of the offender’s release from the
parole [Board of Pardons and Paroles] division or the date on which
the offender is granted clemency; and
(5) if the offender is released under Section 6(a),
Article 42.12, [of this code,] the date of the offender’s release.
SECTION 25.045. Article 60.08(e), Code of Criminal
Procedure, is amended to read as follows:
(e) A court that orders the release of an offender under
Section 6(a), Article 42.12, [of this code] at a time when the
offender is under a bench warrant and not physically imprisoned in
the Texas Department of Criminal Justice [institutional division]
shall report the release to the department [institutional division
of the Texas Department of Criminal Justice] not later than the
seventh day after the date of the release.
SECTION 25.046. Article 61.07(c), Code of Criminal
Procedure, is amended to read as follows:
(c) In determining whether information is required to be
removed from an intelligence database under Subsection (b), the
two-year period does not include any period during which the child
who is the subject of the information is:
(1) committed to the Texas Youth Commission for
conduct that violates a penal law of the grade of felony; or
(2) confined in the [institutional division or the
state jail division of the] Texas Department of Criminal Justice.
SECTION 25.047. Article 61.08(d), Code of Criminal
Procedure, is amended to read as follows:
(d) A person who is committed to the Texas Youth Commission
or confined in the [institutional division or the state jail
division of the] Texas Department of Criminal Justice does not
while committed or confined have the right to request review of
criminal information under this article.
SECTION 25.048. Article 62.053(d), Code of Criminal
Procedure, is amended to read as follows:
(d) If a person who has a reportable conviction described by
Article 62.001(5)(H) or (I) is placed under the supervision of the
parole [pardons and paroles] division of the Texas Department of
Criminal Justice or a community supervision and corrections
department under Section 510.017, Government Code [Article 42.11],
the division or community supervision and corrections department
shall conduct the prerelease notification and registration
requirements specified in this article on the date the person is
placed under the supervision of the division or community
supervision and corrections department. If a person who has a
reportable adjudication of delinquent conduct described by Article
62.001(5)(H) or (I) is, as permitted by Section 60.002, Family
Code, placed under the supervision of the Texas Youth Commission, a
public or private vendor operating under contract with the Texas
Youth Commission, a local juvenile probation department, or a
juvenile secure pre-adjudication or post-adjudication facility,
the commission, vendor, probation department, or facility shall
conduct the prerelease notification and registration requirements
specified in this article on the date the person is placed under the
supervision of the commission, vendor, probation department, or
facility.
SECTION 25.049. Section 31.201(b), Education Code, is
amended to read as follows:
(b) The commissioner, as provided by rules adopted by the
State Board of Education, shall make available on request copies of
discontinued textbooks, other than electronic textbooks, for use in
libraries maintained in municipal and county jails, [and]
facilities operated by [of] the [institutional division of the]
Texas Department of Criminal Justice for the imprisonment of
individuals convicted of felonies other than state jail felonies,
and other state agencies.
SECTION 25.050. Section 38.008, Education Code, is amended
to read as follows:
Sec. 38.008. POSTING OF STEROID LAW NOTICE. Each school in
a school district in which there is a grade level of seven or higher
shall post in a conspicuous location in the school gymnasium and
each other place in a building where physical education classes are
conducted the following notice:
Anabolic steroids are for medical use only.
State law prohibits possessing, dispensing,
delivering, or administering an anabolic steroid in
any manner not allowed by state law. State law
provides that body building, muscle enhancement, or
the increase of muscle bulk or strength through the use
of an anabolic steroid or human growth hormone by a
person who is in good health is not a valid medical
purpose. Only a medical doctor may prescribe an
anabolic steroid or human growth hormone for a person.
A violation of state law concerning anabolic steroids
or human growth hormones is a criminal offense
punishable by confinement in jail or imprisonment in
the [institutional division of the] Texas Department
of Criminal Justice.
SECTION 25.051. Section 51.921, Education Code, is amended
to read as follows:
Sec. 51.921. POSTING OF STEROID LAW NOTICE. Each public
institution of higher education shall post in a conspicuous
location in each gymnasium at the institution the following notice:
Anabolic steroids and growth hormones are for
medical use only. State law prohibits the possession,
dispensing, delivery, or administering of an anabolic
steroid or growth hormone in any manner not allowed by
state law. State law provides that body building,
muscle enhancement, or increasing muscle bulk or
strength through the use of an anabolic steroid by a
person who is in good health is not a valid medical
purpose. Only a medical doctor may prescribe an
anabolic steroid or human growth hormone for a person.
A violation of state law concerning anabolic steroids
or human growth hormones is a criminal offense
punishable by confinement in jail or imprisonment in
the Texas Department of Criminal Justice
[Corrections].
SECTION 25.052. Section 52.40(a), Education Code, is
amended to read as follows:
(a) The board may cancel the repayment of a loan received by
a student who earns a doctorate of psychology degree and who, prior
to the date on which repayment of the loan is to commence, is
employed by the Department of Aging and Disability Services, the
Department of State Health Services, or the Health and Human
Services Commission and performs duties formerly performed by
employees of the Texas Department of Human Services or Texas
Department of Mental Health and Mental Retardation, the Texas Youth
Commission, or the [Texas Department of Human Services,] Texas
Department of Criminal Justice [Corrections, or Texas Department of
Mental Health and Mental Retardation prior to the date on which
repayment of the loan is to commence].
SECTION 25.053. Section 61.532(a), Education Code, is
amended to read as follows:
(a) To be eligible to receive repayment assistance, a
physician must apply to the coordinating board and have completed
at least one year of medical practice:
(1) in private practice in an economically depressed
or rural medically underserved area of the state;
(2) for one of the following state agencies:
(A) Texas Department of Health;
(B) Texas Department of Mental Health and Mental
Retardation;
(C) Texas Department of Criminal Justice
[Corrections]; or
(D) Texas Youth Commission; or
(3) for an approved family practice residency training
program established under Subchapter I as a clinical faculty member
and have completed training in an approved family practice
residency training program on or after July 1, 1994.
SECTION 25.054. Section 88.109, Education Code, is amended
to read as follows:
Sec. 88.109. USE OF CERTAIN DEPARTMENT OF CRIMINAL JUSTICE
[CORRECTIONS] LAND FOR REFORESTATION. The several tracts of land
in Cherokee County near Maydelle, consisting of approximately 2,150
acres, owned by the Texas Department of Criminal Justice
[Corrections], is set aside for reforestation purposes to be used
by Texas A&M University to demonstrate reforestation work.
SECTION 25.055. Section 1001.555(d), Education Code, is
amended to read as follows:
(d) An offense under this section is a felony punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term not to exceed five years.
SECTION 25.056. Section 6.004(a), Family Code, is amended
to read as follows:
(a) The court may grant a divorce in favor of one spouse if
during the marriage the other spouse:
(1) has been convicted of a felony;
(2) has been imprisoned for at least one year in the
Texas Department of Criminal Justice [state penitentiary], a
federal penitentiary, or the penitentiary of another state; and
(3) has not been pardoned.
SECTION 25.057. Section 45.103(b), Family Code, is amended
to read as follows:
(b) A court may order a change of name under this subchapter
for a person with a final felony conviction if, in addition to the
requirements of Subsection (a), the person has:
(1) received a certificate of discharge by the
[pardons and paroles division of the] Texas Department of Criminal
Justice or completed a period of community supervision or juvenile
probation ordered by a court and not less than two years have passed
from the date of the receipt of discharge or completion of community
supervision or juvenile probation; or
(2) been pardoned.
SECTION 25.058. Sections 54.11(a) and (i), Family Code, are
amended to read as follows:
(a) On receipt of a referral under Section 61.079(a), Human
Resources Code, for the transfer to the [institutional division of
the] Texas Department of Criminal Justice of a person committed to
the Texas Youth Commission under Section 54.04(d)(3), 54.04(m), or
54.05(f), or on receipt of a request by the commission under Section
61.081(g), Human Resources Code, for approval of the release under
supervision of a person committed to the commission under Section
54.04(d)(3), 54.04(m), or 54.05(f), the court shall set a time and
place for a hearing on the release of the person.
(i) On conclusion of the hearing on a person who is referred
for transfer under Section 61.079(a), Human Resources Code, the
court may order:
(1) the return of the person to the Texas Youth
Commission; or
(2) the transfer of the person to the custody of the
[institutional division of the] Texas Department of Criminal
Justice for the completion of the person’s sentence.
SECTION 25.059. Section 56.01(c), Family Code, is amended
to read as follows:
(c) An appeal may be taken:
(1) except as provided by Subsection (n), by or on
behalf of a child from an order entered under:
(A) Section 54.03 with regard to delinquent
conduct or conduct indicating a need for supervision;
(B) Section 54.04 disposing of the case;
(C) Section 54.05 respecting modification of a
previous juvenile court disposition; or
(D) Chapter 55 by a juvenile court committing a
child to a facility for the mentally ill or mentally retarded; or
(2) by a person from an order entered under Section
54.11(i)(2) transferring the person to the custody of the
[institutional division of the] Texas Department of Criminal
Justice.
SECTION 25.060. Section 57.002(a), Family Code, is amended
to read as follows:
(a) A victim, guardian of a victim, or close relative of a
deceased victim is entitled to the following rights within the
juvenile justice system:
(1) the right to receive from law enforcement agencies
adequate protection from harm and threats of harm arising from
cooperation with prosecution efforts;
(2) the right to have the court or person appointed by
the court take the safety of the victim or the victim’s family into
consideration as an element in determining whether the child should
be detained before the child’s conduct is adjudicated;
(3) the right, if requested, to be informed of
relevant court proceedings, including appellate proceedings, and
to be informed in a timely manner if those court proceedings have
been canceled or rescheduled;
(4) the right to be informed, when requested, by the
court or a person appointed by the court concerning the procedures
in the juvenile justice system, including general procedures
relating to:
(A) the preliminary investigation and deferred
prosecution of a case; and
(B) the appeal of the case;
(5) the right to provide pertinent information to a
juvenile court conducting a disposition hearing concerning the
impact of the offense on the victim and the victim’s family by
testimony, written statement, or any other manner before the court
renders its disposition;

(6) the right to receive information regarding
compensation to victims as provided by Subchapter B, Chapter 56,
Code of Criminal Procedure, including information related to the
costs that may be compensated under that subchapter and the amount
of compensation, eligibility for compensation, and procedures for
application for compensation under that subchapter, the payment of
medical expenses under Section 56.06, Code of Criminal Procedure,
for a victim of a sexual assault, and when requested, to referral to
available social service agencies that may offer additional
assistance;
(7) the right to be informed, upon request, of
procedures for release under supervision or transfer of the person
to the custody of the [pardons and paroles division of the] Texas
Department of Criminal Justice for parole, to participate in the
release or transfer for parole process, to be notified, if
requested, of the person’s release, escape, or transfer for parole
proceedings concerning the person, to provide to the Texas Youth
Commission for inclusion in the person’s file information to be
considered by the commission before the release under supervision
or transfer for parole of the person, and to be notified, if
requested, of the person’s release or transfer for parole;
(8) the right to be provided with a waiting area,
separate or secure from other witnesses, including the child
alleged to have committed the conduct and relatives of the child,
before testifying in any proceeding concerning the child, or, if a
separate waiting area is not available, other safeguards should be
taken to minimize the victim’s contact with the child and the
child’s relatives and witnesses, before and during court
proceedings;
(9) the right to prompt return of any property of the
victim that is held by a law enforcement agency or the attorney for
the state as evidence when the property is no longer required for
that purpose;
(10) the right to have the attorney for the state
notify the employer of the victim, if requested, of the necessity of
the victim’s cooperation and testimony in a proceeding that may
necessitate the absence of the victim from work for good cause;
(11) the right to be present at all public court
proceedings related to the conduct of the child as provided by
Section 54.08, subject to that section; and
(12) any other right appropriate to the victim that a
victim of criminal conduct has under Article 56.02, Code of
Criminal Procedure.
SECTION 25.061. Sections 58.007(a) and (d), Family Code,
are amended to read as follows:
(a) This section applies only to the inspection and
maintenance of a physical record or file concerning a child and the
storage of information, by electronic means or otherwise,
concerning the child from which a physical record or file could be
generated and does not affect the collection, dissemination, or
maintenance of information as provided by Subchapter B. This
section does not apply to a record or file relating to a child that
is:
(1) required or authorized to be maintained under the
laws regulating the operation of motor vehicles in this state;
(2) maintained by a municipal or justice court; or
(3) subject to disclosure under Chapter 62, Code of
Criminal Procedure[, as added by Chapter 668, Acts of the 75th
Legislature, Regular Session, 1997].
(d) The law enforcement files and records of a person who is
transferred from the Texas Youth Commission to the [institutional
division or the pardons and paroles division of the] Texas
Department of Criminal Justice may be transferred to a central
state or federal depository for adult records on or after the date
of transfer.
SECTION 25.062. Section 89.101(b), Finance Code, is amended
to read as follows:
(b) An offense under Subsection (a) is punishable by:
(1) a fine not to exceed $2,500;
(2) imprisonment in the [institutional division of
the] Texas Department of Criminal Justice for not more than two
years; or
(3) both the fine and imprisonment.
SECTION 25.063. Section 22.012(a), Government Code, is
amended to read as follows:
(a) Each attorney representing the state in the prosecution
of felonies and each district court judge shall, as an official
duty, each year complete a course of instruction related to the
diversion of offenders from confinement in the Texas Department of
Criminal Justice [institutional division].
SECTION 25.064. Section 76.003(c), Government Code, is
amended to read as follows:
(c) The community justice council shall appoint a community
justice task force to provide support staff for the development of a
community justice plan. The task force may consist of any number of
members, but should include:
(1) the county or regional director of the Texas
Department of Human Services with responsibility for the area
served by the department;
(2) the chief of police of the most populous
municipality served by the department;
(3) the chief juvenile probation officer of the
juvenile probation office serving the most populous area served by
the department;
(4) the superintendent of the most populous school
district served by the department;
(5) the supervisor of the Department of Public Safety
region closest to the department, or the supervisor’s designee;
(6) the county or regional director of the Texas
Department of Mental Health and Mental Retardation with
responsibility for the area served by the department;
(7) a substance abuse treatment professional
appointed by the Council of Governments serving the area served by
the department;
(8) the department director;
(9) the local or regional representative of the parole
[pardons and paroles] division of the Texas Department of Criminal
Justice with responsibility for the area served by the department;
(10) the representative of the Texas Workforce
Commission with responsibility for the area served by the
department;
(11) the representative of the Department of Assistive
and Rehabilitative Services [Texas Rehabilitation Commission] with
responsibility for the area served by the department;
(12) a licensed attorney who practices in the area
served by the department and whose practice consists primarily of
criminal law;
(13) a court administrator, if one serves the area
served by the department;
(14) a representative of a community service
organization that provides adult treatment, educational, or
vocational services to the area served by the department;
(15) a representative of an organization in the area
served by the department that is actively involved in issues
relating to defendants’ rights, chosen by the county commissioners
and county judges of the counties served by the department; and
(16) an advocate for rights of victims of crime and
awareness of issues affecting victims.
SECTION 25.065. Section 76.010(a)(2), Government Code, is
amended to read as follows:
(2) “State jail felony facility” means a facility
operated or contracted for by the [state jail division of the] Texas
Department of Criminal Justice under Subchapter A, Chapter 507, for
the confinement of individuals convicted of state jail felonies.
SECTION 25.066. Sections 76.010(c), (e), and (f),
Government Code, are amended to read as follows:
(c) The department may authorize expenditures of funds
provided by the division to the department for the purposes of
providing facilities, equipment, and utilities for community
corrections facilities or state jail felony facilities if:
(1) the community justice council recommends the
expenditures; and
(2) the division, or the correctional institutions
division of the Texas Department of Criminal Justice [state jail
division] in the case of a state jail felony facility, provides
funds for the purpose of assisting in the establishment or
improvement of the facilities.
(e) A department, county, municipality, or a combination
involving more than one of those entities may not use a facility or
real property purchased, acquired, or improved with state funds
unless the division, or the correctional institutions division of
the Texas Department of Criminal Justice [state jail division] in
the case of a state jail felony facility, first approves the use.
(f) The division or the correctional institutions division
of the Texas Department of Criminal Justice [state jail division],
in the case of a state jail felony facility, is entitled to
reimbursement from an entity described by Subsection (e) of all
state funds used by the entity without the [division] approval [as]
required by Subsection (e).
SECTION 25.067. Section 402.024(a), Government Code, is
amended to read as follows:
(a) The attorney general shall defend a state district
attorney in an action in a federal court if:
(1) the district attorney is a defendant because of
the district attorney’s office;
(2) the cause of action accrued while the person
filing the action was confined in the [a] Texas Department of
Criminal Justice [Corrections facility];
(3) the district attorney requests the attorney
general’s assistance in the defense; and
(4) there is no action pending against the district
attorney in which the attorney general is required to represent the
state.
SECTION 25.068. Section 403.071(f), Government Code, is
amended to read as follows:
(f) A person commits an offense if the person knowingly
makes a false certificate on a claim against the state for the
purpose of authenticating a claim against the state. An offense
under this section is punishable by imprisonment in the
[institutional division of the] Texas Department of Criminal
Justice for not less than two or more than five years.
SECTION 25.069. Section 431.081(b), Government Code, is
amended to read as follows:
(b) A person is exempt from military duty, except in case of
war, insurrection, invasion, or imminent danger of war,
insurrection, or invasion if the person is:
(1) the lieutenant governor;
(2) a member or officer of the legislature;
(3) a judge or clerk of a court of record;
(4) a head of a state agency;
(5) a sheriff, district attorney, county attorney,
county tax assessor-collector, or county commissioner;
(6) a mayor, council member, alderman, or assessor and
collector of a municipality;
(7) an officer or employee of the Texas Department of
Criminal Justice [Corrections], a state hospital or special school,
a public or private hospital, or a nursing home;
(8) a member of a regularly organized and paid fire or
police department in a municipality, except that a person is not
relieved of military duty by joining such a department;
(9) a minister of the gospel exclusively engaged in
that calling; or
(10) a person who conscientiously scruples against
bearing arms.
SECTION 25.070. Section 434.037, Government Code, is
amended to read as follows:
Sec. 434.037. ACCESS TO RECORDS. A state eleemosynary or
penal institution shall give an officer access to its records to
enable the officer to determine the status of a person confined in
the institution relating to a benefit to which the person may be
entitled. Access to records of a penal institution is governed by
rules of the Texas Department of Criminal Justice [Corrections].
SECTION 25.071. Section 551.080, Government Code, is
amended to read as follows:
Sec. 551.080. BOARD OF PARDONS AND PAROLES. This chapter
does not require the Board of Pardons and Paroles to conduct an open
meeting to interview or counsel an inmate of [a facility of the
institutional division of] the Texas Department of Criminal
Justice.
SECTION 25.072. Section 557.001(b), Government Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by:
(1) a fine not to exceed $20,000;
(2) confinement in the [institutional division of the]
Texas Department of Criminal Justice for a term of not less than one
year or more than 20 years; or
(3) both fine and imprisonment.
SECTION 25.073. Section 557.011(b), Government Code, is
amended to read as follows:

(b) An offense under this section is a felony punishable by
confinement in the [institutional division of the] Texas Department
of Criminal Justice for a term of not less than two years or more
than 20 years.
SECTION 25.074. Section 557.012(b), Government Code, is
amended to read as follows:
(b) An offense under this section is punishable by:
(1) death; or
(2) confinement in the [institutional division of the]
Texas Department of Criminal Justice for:
(A) life; or
(B) a term of not less than two years.
SECTION 25.075. Section 615.003, Government Code, is
amended to read as follows:
Sec. 615.003. APPLICABILITY. This chapter applies only to
eligible survivors of the following individuals:
(1) an individual elected, appointed, or employed as a
peace officer by the state or a political subdivision of the state
under Article 2.12, Code of Criminal Procedure, or other law;
(2) a paid probation officer appointed by the director
of a community supervision and corrections department who has the
duties set out in Section 76.002 and the qualifications set out in
Section 76.005, or who was appointed in accordance with prior law;
(3) a parole officer employed by the [pardons and
paroles division of the] Texas Department of Criminal Justice who
has the duties set out in Section 508.001 and the qualifications set
out in Section 508.113 or in prior law;
(4) a paid jailer;
(5) a member of an organized police reserve or
auxiliary unit who regularly assists peace officers in enforcing
criminal laws;
(6) a member of the class of employees of the
correctional institutions [institutional] division [or the state
jail division of the Texas Department of Criminal Justice] formally
designated as custodial personnel under Section 615.006 by the
Texas Board of Criminal Justice or its predecessor in function;
(7) a jailer or guard of a county jail who is appointed
by the sheriff and who:
(A) performs a security, custodial, or
supervisory function over the admittance, confinement, or
discharge of prisoners; and
(B) is certified by the Commission on Law
Enforcement Officer Standards and Education;
(8) a juvenile correctional employee of the Texas
Youth Commission;
(9) an employee of the Department of Aging and
Disability Services or Department of State Health Services [Texas
Department of Mental Health and Mental Retardation] who:
(A) works at the department’s maximum security
unit; or
(B) performs on-site services for the Texas
Department of Criminal Justice;
(10) an individual who is employed by the state or a
political or legal subdivision and is subject to certification by
the Texas Commission on Fire Protection;
(11) an individual employed by the state or a
political or legal subdivision whose principal duties are aircraft
crash and rescue fire fighting;
(12) a member of an organized volunteer fire-fighting
unit that:
(A) renders fire-fighting services without
remuneration; and
(B) conducts a minimum of two drills each month,
each two hours long;
(13) an individual who:
(A) performs emergency medical services or
operates an ambulance;
(B) is employed by a political subdivision of the
state or is an emergency medical services volunteer as defined by
Section 773.003, Health and Safety Code; and
(C) is qualified as an emergency care attendant
or at a higher level of training under Section 773.046, 773.047,
773.048, 773.049, or 773.0495, Health and Safety Code; or
(14) an individual who is employed or formally
designated as a chaplain for:
(A) an organized volunteer fire-fighting unit or
other fire department of this state or of a political subdivision of
this state;
(B) a law enforcement agency of this state or of a
political subdivision of this state; or
(C) the Texas Department of Criminal Justice.
SECTION 25.076. Section 615.121(a), Government Code, is
amended to read as follows:
(a) The state shall pay the following benefits to an
eligible surviving spouse of a peace officer or an employee of the
[institutional division or state jail division of the] Texas
Department of Criminal Justice, as described by Section 615.003(1)
or (6), who was killed in the line of duty and who had not qualified
for an annuity under an employees’ retirement plan:
(1) funeral expenses related to the deceased officer
or employee; and
(2) monthly payments that equal the greater of:
(A) the monthly annuity payment the deceased
officer or employee would have received if the officer or employee
had survived, had retired on the last day of the month in which the
officer or employee died, and had been eligible to receive an
annuity under an employees’ retirement plan; or
(B) the minimum monthly annuity payment the
deceased officer or employee would have received if the officer or
employee had been employed by the state for 10 years, had been paid
a salary at the lowest amount provided by the General
Appropriations Act for a position of peace officer or employee of
the [institutional division or state jail division of the] Texas
Department of Criminal Justice, as described by Section 615.003(1)
or (6), and had been eligible to retire under the Employees
Retirement System of Texas.
SECTION 25.077. Section 615.122, Government Code, is
amended to read as follows:
Sec. 615.122. PAYMENT TO SURVIVING MINOR CHILDREN. If an
eligible surviving spouse who would be entitled to benefits under
Section 615.121 does not exist but one or more eligible surviving
minor children of the deceased peace officer or employee of the
[institutional division or state jail division of the] Texas
Department of Criminal Justice, as described by Section 615.003(1)
or (6), do exist, the state shall pay to the guardian or other legal
representative of those children the funeral expenses of the
deceased officer or employee.
SECTION 25.078. Section 618.009(b), Government Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for any term of not more than seven
years or less than two years.
SECTION 25.079. Section 659.301(5), Government Code, is
amended to read as follows:
(5) “State employee” means an individual who:
(A) is a commissioned law enforcement officer of
the Department of Public Safety, the Texas Facilities [General
Services] Commission, the Texas Alcoholic Beverage Commission, or
the [institutional division of the] Texas Department of Criminal
Justice;
(B) is a commissioned security officer of the
comptroller;
(C) is a law enforcement officer commissioned by
the Parks and Wildlife Commission;
(D) is a commissioned peace officer of an
institution of higher education;
(E) is an employee or official of the Board of
Pardons and Paroles or the parole [pardons and paroles] division of
the Texas Department of Criminal Justice if the employee or
official has routine direct contact with inmates of any penal or
correctional institution or with administratively released
prisoners subject to the board’s jurisdiction;
(F) has been certified to the Employees
Retirement System of Texas under Section 815.505 as having begun
employment as a law enforcement officer or custodial officer,
unless the individual has been certified to the system as having
ceased employment as a law enforcement officer or custodial
officer; or
(G) before May 29, 1987, received hazardous duty
pay based on the terms of any state law if the individual holds a
position designated under that law as eligible for the pay.
SECTION 25.080. Section 791.021, Government Code, is
amended to read as follows:
Sec. 791.021. CONTRACTS FOR REGIONAL CORRECTIONAL
FACILITIES. The parties to an interlocal contract may contract
with the [institutional division of the] Texas Department of
Criminal Justice for the construction, operation, and maintenance
of a regional correctional facility if:
(1) title to the land on which the facility is to be
constructed is deeded to the department [institutional division];
and
(2) the parties execute a contract relating to the
payment of costs for housing, maintenance, and rehabilitative
treatment of persons held in jails who cannot otherwise be
transferred under authority of existing statutes to the direct
responsibility of the department [institutional division].
SECTION 25.081. Section 811.001(8), Government Code, is
amended to read as follows:
(8) “Custodial officer” means a member of the
retirement system who is employed by the Board of Pardons and
Paroles or the Texas Department of Criminal Justice as a parole
officer or caseworker or who is employed by the correctional
institutions [institutional] division [or the state jail division]
of the Texas Department of Criminal Justice and certified by the
department as having a normal job assignment that requires frequent
or infrequent regularly planned contact with, and in close
proximity to, inmates or defendants of the correctional
institutions [institutional] division [or inmates or defendants
confined in the state jail division] without the protection of
bars, doors, security screens, or similar devices and includes
assignments normally involving supervision or the potential for
supervision of inmates in inmate housing areas, educational or
recreational facilities, industrial shops, kitchens, laundries,
medical areas, agricultural shops or fields, or in other areas on or
away from property of the department [institutional division or the
state jail division]. The term includes a member who transfers from
the Texas Department of Criminal Justice to the managed health care
unit of The University of Texas Medical Branch or the Texas Tech
University Health Sciences Center pursuant to Section 9.01, Chapter
238, Acts of the 73rd Legislature, 1993, elects at the time of
transfer to retain membership in the retirement system, and is
certified by the managed health care unit or the health sciences
center as having a normal job assignment described by this
subdivision.
SECTION 25.082. Section 811.102(a), Government Code, is
amended to read as follows:
(a) An offense under Section 811.101(a) or 811.101(b) is a
felony punishable by imprisonment in the Texas Department of
Criminal Justice [Corrections] for not less than one nor more than
five years.
SECTION 25.083. Sections 813.506(a) and (b), Government
Code, are amended to read as follows:
(a) The Texas Department of Criminal Justice, the managed
health care unit of The University of Texas Medical Branch, and the
Texas Tech University Health Sciences Center by rule shall adopt
standards for determining eligibility for service credit as a
custodial officer, based on the need to encourage early retirement
of persons whose duties are hazardous and require them to have
routine contact with inmates of or defendants confined in [the
state jail division of] the Texas Department of Criminal Justice on
a regular basis.
(b) To be creditable as custodial officer service, service
performed must be performed as a parole officer or caseworker or
must meet the requirements of the rules adopted under Subsection
(a) and be performed by persons in one of the following job
categories:
(1) all persons classified as Correctional Officer I
through warden, including training officers and special operations
reaction team officers;
(2) all other employees assigned to work on a unit and
whose jobs require routine contact with inmates or defendants
[confined in the state jail division], including but not limited to
farm managers, livestock supervisors, maintenance foremen, shop
foremen, medical assistants, food service supervisors, stewards,
education consultants, commodity specialists, and correctional
counselors;
(3) employees assigned to administrative offices
whose jobs require routine contact with inmates or defendants
[confined in the state jail division] at least 50 percent of the
time, including but not limited to investigators, compliance
monitors, accountants routinely required to audit unit operations,
sociologists, interviewers, classification officers, and
supervising counselors; and
(4) administrative positions whose jobs require
response to emergency situations involving inmates or defendants
[confined in the state jail division], including but except as
specified not limited to the director, deputy directors, assistant
directors, and not more than 25 administrative duty officers.
SECTION 25.084. Section 821.102(a), Government Code, is
amended to read as follows:
(a) An offense under Section 821.101(a) or 821.101(b) is a
felony punishable by imprisonment in the Texas Department of
Criminal Justice [Corrections] for not less than one nor more than
five years.
SECTION 25.085. Section 1232.114(b), Government Code, is
amended to read as follows:
(b) This section does not apply to a minor renovation,
repair, or construction project at a facility operated by [of the
institutional division of] the Texas Department of Criminal Justice
for the imprisonment of individuals convicted of felonies other
than state jail felonies, as defined by the department [division]
in cooperation with the commission. Instead of submitting a
project analysis, the department [division] may substitute the
master plan required to be submitted by Section 1401.121 if the
master plan contains information substantially equivalent to the
information required to be in a project analysis under Sections
2166.151-2166.155.
SECTION 25.086. Section 1401.121(a), Government Code, is
amended to read as follows:
(a) Unless the [institutional division of the] Texas
Department of Criminal Justice has submitted to the Bond Review
Board a master plan for the construction of corrections facilities,
the proceeds of bonds issued under this chapter may not be:
(1) distributed to the department [division]; or
(2) used to finance a project of the correctional
institutions division of the department.
SECTION 25.087. Section 2001.223, Government Code, is
amended to read as follows:
Sec. 2001.223. EXCEPTIONS FROM DECLARATORY JUDGMENT, COURT
ENFORCEMENT, AND CONTESTED CASE PROVISIONS. Section 2001.038 and
Subchapters C through H do not apply to:
(1) except as provided by Section 531.019, the
granting, payment, denial, or withdrawal of financial or medical
assistance or benefits under service programs that were operated by
the former Texas Department of Human Services before September 1,
2003, and are operated on and after that date by the Health and
Human Services Commission or a health and human services agency, as
defined by Section 531.001;
(2) action by the Banking Commissioner or the Finance
Commission of Texas regarding the issuance of a state bank or state
trust company charter for a bank or trust company to assume the
assets and liabilities of a financial institution that the
commissioner considers to be in hazardous condition as defined by
Section 31.002(a) or 181.002(a), Finance Code, as applicable;
(3) a hearing or interview conducted by the Board of
Pardons and Paroles or the [pardons and paroles division of the]
Texas Department of Criminal Justice relating to the grant,
rescission, or revocation of parole or other form of administrative
release; or
(4) the suspension, revocation, or termination of the
certification of a breath analysis operator or technical supervisor
under the rules of the Department of Public Safety.
SECTION 25.088. Section 2166.003(b), Government Code, is
amended to read as follows:
(b) Only Sections 2166.104, 2166.151, 2166.152, 2166.153,
2166.154, 2166.155, 2166.251, 2166.252, and Subchapter H apply to a
construction project undertaken by or for [the institutional
division of] the Texas Department of Criminal Justice for the
imprisonment of individuals convicted of felonies other than state
jail felonies.
SECTION 25.089. Section 2303.402(c), Government Code, is
amended to read as follows:
(c) For the purposes of this section, an economically
disadvantaged individual is an individual who:
(1) was unemployed for at least three months before
obtaining employment with the qualified business;
(2) receives public assistance benefits, including
welfare payments or food stamps, based on need and intended to
alleviate poverty;
(3) is a low-income individual, as defined by Section
101, Workforce Investment Act of 1998 (29 U.S.C. Section 2801(25));
(4) is an individual with a disability, as defined by
29 U.S.C. Section 705(20)(A);
(5) is an inmate, as defined by Section 498.001;
(6) is entering the workplace after being confined in
a facility operated by [the institutional division of the Texas
Department of Criminal Justice] or under contract with the Texas
Department of Criminal Justice for the imprisonment of individuals
convicted of felonies other than state jail felonies;
(7) has been released by the Texas Youth Commission
and is on parole, if state law provides for such a person to be on
parole; or

(8) meets the current low income or moderate income
limits developed under Section 8, United States Housing Act of 1937
(42 U.S.C. Section 1437f et seq.).
SECTION 25.090. Section 2308.312, Government Code, is
amended to read as follows:
Sec. 2308.312. CAREER DEVELOPMENT CENTERS. (a) A board
shall establish career development centers accessible to students,
workers, and persons formerly sentenced to the [institutional
division or state jail division of the] Texas Department of
Criminal Justice throughout the workforce development area. The
board shall establish the centers not later than the 180th day after
the date the board is certified.
(b) Each center shall provide access to information and
services available in the workforce development area, including
employment services, and shall address the individual needs of
students, workers, and persons formerly sentenced to the Texas
Department of Criminal Justice [institutional division or state
jail division].
(c) The services must include:
(1) labor market information, including:
(A) available job openings; and
(B) education and training opportunities in the
local area, in the state, and, as feasible, in the nation;
(2) uniform eligibility requirements and application
procedures for all workforce training and services;
(3) independent assessment of individual needs and the
development of an individual service strategy;
(4) centralized and continuous case management and
counseling;
(5) individual referral for services, including basic
education, classroom skills training, on-the-job training, and
customized training;
(6) support services, including child care
assistance, student loans, and other forms of financial assistance
required to participate in and complete training; and
(7) job training and employment assistance for persons
formerly sentenced to the Texas Department of Criminal Justice
[institutional division or state jail division], provided in
cooperation with Project RIO.
SECTION 25.091. Section 61.003(f), Health and Safety Code,
is amended to read as follows:
(f) For purposes of this chapter, a person who is an inmate
or resident of a state school or institution operated by the Texas
Department of Criminal Justice [Corrections], [Texas] Department
of Aging and Disability Services [Mental Health and Mental
Retardation], Department of State Health Services, Texas Youth
Commission, Texas School for the Blind, Texas School for the Deaf,
or any other state agency or who is an inmate, patient, or resident
of a school or institution operated by a federal agency is not
considered a resident of a hospital district or of any governmental
entity except the state or federal government.
SECTION 25.092. Section 161.012(a), Health and Safety Code,
is amended to read as follows:
(a) A person commits an offense if the person violates
Section 161.011. An offense under this subsection is punishable by
confinement in the Texas Department of Criminal Justice [state
penitentiary] for not more than two years, a fine of not more than
$1,000, or both.
SECTION 25.093. Section 242.003, Health and Safety Code, is
amended to read as follows:
Sec. 242.003. EXEMPTIONS. Except as otherwise provided,
this chapter does not apply to:
(1) a hotel or other similar place that furnishes only
food, lodging, or both, to its guests;
(2) a hospital;
(3) an establishment conducted by or for the adherents
of a well-recognized church or religious denomination for the
purpose of providing facilities for the care or treatment of the
sick who depend exclusively on prayer or spiritual means for
healing, without the use of any drug or material remedy, if the
establishment complies with safety, sanitary, and quarantine laws
and rules;
(4) an establishment that furnishes, in addition to
food, shelter, and laundry, only baths and massages;
(5) an institution operated by a person licensed by
the Texas Board of Chiropractic Examiners;
(6) a facility that:
(A) primarily engages in training, habilitation,
rehabilitation, or education of clients or residents;
(B) is operated under the jurisdiction of a state
or federal agency, including the Department of Assistive and
Rehabilitative Services, Department of Aging and Disability
Services, Department of State Health Services, Health and Human
Services Commission [Texas Rehabilitation Commission, Texas
Department of Mental Health and Mental Retardation, Texas
Department of Human Services, Texas Commission for the Blind, Texas
Commission on Alcohol and Drug Abuse], [institutional division of
the] Texas Department of Criminal Justice, and Department of
Veterans Affairs [the Veteran’s Administration]; and
(C) is certified through inspection or
evaluation as meeting the standards established by the state or
federal agency;
(7) a foster care type residential facility that
serves fewer than five persons and operates under rules adopted by
the Texas Department of Human Services or the executive
commissioner of the Health and Human Services Commission, as
applicable; and
(8) a facility licensed under Chapter 252 or exempt
from licensure under Section 252.003.
SECTION 25.094. Section 252.003, Health and Safety Code, is
amended to read as follows:
Sec. 252.003. EXEMPTIONS. Except as otherwise provided by
this chapter, this chapter does not apply to an establishment that:
(1) provides training, habilitation, rehabilitation,
or education to individuals with mental retardation or a related
condition;
(2) is operated under the jurisdiction of a state or
federal agency, including the Department of Assistive and
Rehabilitative Services, Department of Aging and Disability
Services, Department of State Health Services, Health and Human
Services Commission [department, the Texas Rehabilitation
Commission, the Texas Department of Mental Health and Mental
Retardation, the Texas Commission for the Blind, the Texas
Commission on Alcohol and Drug Abuse], [the institutional division
of the] Texas Department of Criminal Justice, and Department of
Veterans Affairs [or the Veterans’ Administration];
(3) is certified through inspection or evaluation as
meeting the standards established by the state or federal agency;
and
(4) is conducted by or for the adherents of a
well-recognized church or religious denomination for the purpose of
providing facilities for the care or treatment of the sick who
depend exclusively on prayer or spiritual means for healing,
without the use of any drug or material remedy, if the establishment
complies with safety, sanitary, and quarantine laws and rules.
SECTION 25.095. Sections 481.112(e) and (f), Health and
Safety Code, are amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 200 grams or more but less than 400 grams.
(f) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 15 years, and a fine not to exceed
$250,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 400 grams or more.
SECTION 25.096. Section 481.1121(b), Health and Safety
Code, is amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20;
(2) a felony of the second degree if the number of
abuse units of the controlled substance is 20 or more but fewer than
80;
(3) a felony of the first degree if the number of abuse
units of the controlled substance is 80 or more but fewer than
4,000; and
(4) punishable by imprisonment in the [institutional
division of the] Texas Department of Criminal Justice for life or
for a term of not more than 99 years or less than 15 years and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 4,000 or more.
SECTION 25.097. Section 481.113(e), Health and Safety Code,
is amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including adulterants or
dilutants, 400 grams or more.
SECTION 25.098. Section 481.114(e), Health and Safety Code,
is amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance to which the
offense applies is, by aggregate weight, including any adulterants
or dilutants, 400 grams or more.
SECTION 25.099. Section 481.115(f), Health and Safety Code,
is amended to read as follows:
(f) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than 10 years, and a fine not to exceed
$100,000, if the amount of the controlled substance possessed is,
by aggregate weight, including adulterants or dilutants, 400 grams
or more.
SECTION 25.100. Section 481.1151(b), Health and Safety
Code, is amended to read as follows:
(b) An offense under this section is:
(1) a state jail felony if the number of abuse units of
the controlled substance is fewer than 20;
(2) a felony of the third degree if the number of abuse
units of the controlled substance is 20 or more but fewer than 80;
(3) a felony of the second degree if the number of
abuse units of the controlled substance is 80 or more but fewer than
4,000;
(4) a felony of the first degree if the number of abuse
units of the controlled substance is 4,000 or more but fewer than
8,000; and
(5) punishable by imprisonment in the [institutional
division of the] Texas Department of Criminal Justice for life or
for a term of not more than 99 years or less than 15 years and a fine
not to exceed $250,000, if the number of abuse units of the
controlled substance is 8,000 or more.
SECTION 25.101. Section 481.116(e), Health and Safety Code,
is amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 25.102. Section 481.117(e), Health and Safety Code,
is amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 25.103. Section 481.118(e), Health and Safety Code,
is amended to read as follows:
(e) An offense under Subsection (a) is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for life or for a term of not more
than 99 years or less than five years, and a fine not to exceed
$50,000, if the amount of the controlled substance possessed is, by
aggregate weight, including adulterants or dilutants, 400 grams or
more.
SECTION 25.104. Section 481.120(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing the
offense does not receive remuneration for the marihuana;
(2) a Class A misdemeanor if the amount of marihuana
delivered is one-fourth ounce or less and the person committing the
offense receives remuneration for the marihuana;
(3) a state jail felony if the amount of marihuana
delivered is five pounds or less but more than one-fourth ounce;
(4) a felony of the second degree if the amount of
marihuana delivered is 50 pounds or less but more than five pounds;
(5) a felony of the first degree if the amount of
marihuana delivered is 2,000 pounds or less but more than 50 pounds;
and
(6) punishable by imprisonment in the [institutional
division of the] Texas Department of Criminal Justice for life or
for a term of not more than 99 years or less than 10 years, and a
fine not to exceed $100,000, if the amount of marihuana delivered is
more than 2,000 pounds.
SECTION 25.105. Section 481.121(b), Health and Safety Code,
is amended to read as follows:
(b) An offense under Subsection (a) is:
(1) a Class B misdemeanor if the amount of marihuana
possessed is two ounces or less;
(2) a Class A misdemeanor if the amount of marihuana
possessed is four ounces or less but more than two ounces;
(3) a state jail felony if the amount of marihuana
possessed is five pounds or less but more than four ounces;
(4) a felony of the third degree if the amount of
marihuana possessed is 50 pounds or less but more than 5 pounds;
(5) a felony of the second degree if the amount of
marihuana possessed is 2,000 pounds or less but more than 50 pounds;
and
(6) punishable by imprisonment in the [institutional
division of the] Texas Department of Criminal Justice for life or
for a term of not more than 99 years or less than 5 years, and a fine
not to exceed $50,000, if the amount of marihuana possessed is more
than 2,000 pounds.
SECTION 25.106. Section 481.126(a), Health and Safety Code,
is amended to read as follows:
(a) A person commits an offense if the person:
(1) barters property or expends funds the person knows
are derived from the commission of an offense under this chapter
punishable by imprisonment in the [institutional division of the]
Texas Department of Criminal Justice for life;
(2) barters property or expends funds the person knows
are derived from the commission of an offense under Section
481.121(a) that is punishable under Section 481.121(b)(5);
(3) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense for which the punishment is described by Subdivision
(1); or
(4) barters property or finances or invests funds the
person knows or believes are intended to further the commission of
an offense under Section 481.121(a) that is punishable under
Section 481.121(b)(5).
SECTION 25.107. Section 533.085(a), Health and Safety Code,
is amended to read as follows:
(a) With the written approval of the governor, the
department may contract with[:
[(1)] the [institutional division of the] Texas
Department of Criminal Justice to transfer facilities to that
department or otherwise provide facilities for:
(1) inmates with mental illness or mental retardation
in the custody of that department; or [and]
(2) [the pardons and paroles division of the Texas
Department of Criminal Justice to transfer facilities to that board
or otherwise provide facilities for] persons with mental illness or
mental retardation paroled or released under that department’s
[board’s] supervision.
SECTION 25.108. Section 574.041(a), Health and Safety Code,
is amended to read as follows:
(a) In an order for temporary or extended mental health
services specifying inpatient care, the court shall commit the
patient to a designated inpatient mental health facility. The
court shall commit the patient to:
(1) a mental health facility deemed suitable by the
local mental health authority for the area;
(2) a private mental hospital under Section 574.042;
(3) a hospital operated by a federal agency under
Section 574.043; or
(4) an inpatient mental health facility of the
[institutional division of the] Texas Department of Criminal
Justice under Section 574.044.
SECTION 25.109. Section 574.044, Health and Safety Code, is
amended to read as follows:
Sec. 574.044. COMMITMENT TO FACILITY OF [THE INSTITUTIONAL
DIVISION OF THE] TEXAS DEPARTMENT OF CRIMINAL JUSTICE. The court
shall commit an inmate patient to an inpatient mental health
facility of the [institutional division of the] Texas Department of
Criminal Justice if the court enters an order requiring temporary
mental health services for the inmate patient under an application
filed by a psychiatrist [for the institutional division] under
Section 501.057, Government Code.
SECTION 25.110. The heading to Section 575.016, Health and
Safety Code, is amended to read as follows:
Sec. 575.016. TRANSFER FROM FACILITY OF [THE INSTITUTIONAL
DIVISION OF THE] TEXAS DEPARTMENT OF CRIMINAL JUSTICE.
SECTION 25.111. Section 575.016(a), Health and Safety Code,
is amended to read as follows:
(a) The [institutional division of the] Texas Department of
Criminal Justice shall transfer a patient committed to an
[institutional division] inpatient mental health facility under
Section 574.044 to a noncorrectional mental health facility on the
day the inmate is released on parole or mandatory supervision.
SECTION 25.112. Sections 614.002(e) and (j), Health and
Safety Code, are amended to read as follows:
(e) The executive head of each of the following agencies,
divisions of agencies, or associations, or that person’s designated
representative, shall serve as a member of the committee:
(1) the correctional institutions [institutional]
division of the Texas Department of Criminal Justice;
(2) the Department of State Health Services;
(3) the parole [pardons and paroles] division of the
Texas Department of Criminal Justice;
(4) the community justice assistance division of the
Texas Department of Criminal Justice;
(5) [the state jail division of the Texas Department
of Criminal Justice;
[(6)] the Texas Juvenile Probation Commission;
(6) [(7)] the Texas Youth Commission;
(7) [(8)] the Department of Assistive and
Rehabilitative Services;
(8) [(9)] the Texas Education Agency;
(9) [(10)] the Correctional Managed Health Care
Committee;
(10) [(11)] the Mental Health Association in Texas;
(11) [(12)] the Board of Pardons and Paroles;
(12) [(13)] the Commission on Law Enforcement Officer
Standards and Education;
(13) [(14)] the Texas Council of Community Mental
Health and Mental Retardation Centers;
(14) [(15)] the Commission on Jail Standards;
(15) [(16)] the Texas Council for Developmental
Disabilities;
(16) [(17)] the Texas Association for Retarded
Citizens;
(17) [(18)] the National Alliance for the Mentally Ill
of Texas;
(18) [(19)] the Parent Association for the Retarded of
Texas, Inc.;
(19) [(20)] the Health and Human Services Commission;
and
(20) [(21)] the Department of Aging and Disability
Services.
(j) A representative designated by the executive head of a
state agency must be an officer or employee of the agency when
designated and while serving on the committee[, except the
representative designated by the director of the Criminal Justice
Policy Council must be an employee of that council].
SECTION 25.113. Section 12.002(b), Human Resources Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by
confinement in the Texas Department of Criminal Justice [state
penitentiary] for a term of not less than two or more than seven
years.
SECTION 25.114. Sections 61.084(b) and (c), Human Resources
Code, are amended to read as follows:
(b) The commission shall discharge without a court hearing a
person committed to it for a determinate sentence under Section
54.04(d)(3), Section 54.04(m), or Section 54.05(f), Family Code,
who has not been transferred to the [institutional division of the]
Texas Department of Criminal Justice under a court order on the date
that the time spent by the person in detention in connection with
the committing case plus the time spent at the Texas Youth
Commission under the order of commitment equals the period of the
sentence.
(c) The commission shall transfer to the [institutional
division of the] Texas Department of Criminal Justice a person who
is the subject of an order under Section 54.11(i)(2), Family Code,
transferring the person to the custody of the [institutional
division of the] Texas Department of Criminal Justice for the
completion of the person’s sentence.
SECTION 25.115. Section 61.0841(b), Human Resources Code,
is amended to read as follows:
(b) The commission shall provide instruction for parole
officers of the Texas Department of Criminal Justice [pardons and
paroles division] relating to juvenile programs at the commission.
The commission and the department [pardons and paroles division]
shall enter into a memorandum of understanding relating to the
administration of this subsection.
SECTION 25.116. Section 80.003(a), Human Resources Code, is
amended to read as follows:
(a) The department shall provide medical care for a child
born to a woman who, at the time of giving birth, is imprisoned in
the Texas Department of Criminal Justice [Correction] if there is
no other source of payment for the medical care.
SECTION 25.117. Section 81.017(a), Human Resources Code, is
amended to read as follows:
(a) The commission and each of the following agencies shall
adopt a memorandum of understanding to coordinate the delivery of
services to persons who are deaf or hard of hearing and to reduce
duplication of services:
(1) the [Texas] Department of Aging and Disability
[Human] Services;
(2) the [Texas] Department of State Health Services
[Mental Health and Mental Retardation];
(3) the Texas Workforce Commission;
(4) the [Texas Department of] Health and Human
Services Commission;
(5) the Texas Higher Education Coordinating Board;
(6) the Texas Education Agency;
(7) the [Texas] Department of Assistive and
Rehabilitative Services [on Aging];
(8) the Texas School for the Deaf;
(9) [the Texas Rehabilitation Commission;
[(10)] the [institutional division of the] Texas
Department of Criminal Justice; and
(10) [(11)] any other state agency that provides or is
required by law to provide services to persons who are deaf or hard
of hearing.
SECTION 25.118. Section 111.058, Human Resources Code, is
amended to read as follows:
Sec. 111.058. CRIMINAL CONVICTION RECORD INFORMATION.
(a) The commission may obtain criminal conviction record
information from [the pardons and paroles division and
institutional division of] the Texas Department of Criminal Justice
and from the Texas Department of Public Safety if the conviction
records relate to:
(1) an applicant selected for employment with the
commission;
(2) an applicant for rehabilitation services; or
(3) a client of the commission.
(b) The [pardons and paroles division and institutional
division of the] Texas Department of Criminal Justice and the Texas
Department of Public Safety upon request shall supply to the
commission criminal conviction record information relating to
applicants selected for employment with the commission, applicants
for rehabilitation services, or clients of the commission. The
commission shall treat all criminal conviction record information
as privileged and confidential and for commission use only.
SECTION 25.119. Section 122.010, Human Resources Code, is
amended to read as follows:
Sec. 122.010. COOPERATION WITH DEPARTMENT OF CRIMINAL
JUSTICE. The council may cooperate with [the institutional
division of] the Texas Department of Criminal Justice to accomplish
the purposes of this chapter and to contribute to the economy of
state government. The council and the department may enter into
contractual agreements, cooperative working relationships, or
other arrangements necessary for effective coordination and the
realization of the objectives of both entities.
SECTION 25.120. Section 841.704(c), Insurance Code, is
amended to read as follows:
(c) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not less than one year.
SECTION 25.121. Section 882.702(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than five
years or less than one year.
SECTION 25.122. Section 883.703(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is a felony punishable by
confinement in the [institutional division of the] Texas Department
of Criminal Justice for not less than 5 years or more than 10 years.
SECTION 25.123. Section 887.701(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than 10 years
or less than 2 years.
SECTION 25.124. Section 887.702(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than 10 years
or less than 2 years.
SECTION 25.125. Section 887.703(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than 10 years
or less than 2 years.
SECTION 25.126. Section 912.802(c), Insurance Code, is
amended to read as follows:
(c) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than 10 years
or less than 2 years.
SECTION 25.127. Section 912.803(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by
imprisonment in the [institutional division of the] Texas
Department of Criminal Justice for a term of not more than 10 years
or less than 2 years.
SECTION 25.128. Section 912.804(b), Insurance Code, is
amended to read as follows:
(b) An offense under this section is punishable by:
(1) a fine of not more than $500; or
(2) confinement in jail or imprisonment in the
[institutional division of the] Texas Department of Criminal
Justice for a term of not more than two years.
SECTION 25.129. Section 244.006, Local Government Code, is
amended to read as follows:
Sec. 244.006. EXEMPTIONS. This subchapter does not apply
to the operation of a correctional or rehabilitation facility at a
location subject to this subchapter if:
(1) on September 1, 1997, the correctional or
rehabilitation facility was in operation, under construction,
under contract for operation or construction, or planned for
construction at the location on land owned or leased by an agency or
political subdivision of the state and designated for use as a
correctional or rehabilitation facility;
(2) the correctional or rehabilitation facility was in
operation or under construction before the establishment of a
residential area the location of which makes the facility subject
to this subchapter;
(3) the correctional or rehabilitation facility is a
temporary correctional or rehabilitation facility that will be
operated at the location for less than one year;
(4) the correctional or rehabilitation facility is
required to obtain a special use permit or a conditional use permit
from the municipality in which the facility is located before
beginning operation;
(5) the correctional or rehabilitation facility is an
expansion of a facility operated by the correctional institutions
[institutional] division of the Texas Department of Criminal
Justice for the imprisonment of individuals convicted of felonies
other than state jail felonies or by the Texas Youth Commission;
(6) the correctional or rehabilitation facility is a
county jail or a pre-adjudication or post-adjudication juvenile
detention facility operated by a county or county juvenile board;
(7) the facility is:
(A) a juvenile probation office located at, and
operated in conjunction with, a juvenile justice alternative
education center; and
(B) used exclusively by students attending the
juvenile justice alternative education center;
(8) the facility is a public or private institution of
higher education or vocational training to which admission is open
to the general public;
(9) the facility is operated primarily as a treatment
facility for juveniles under contract with the [Texas] Department
of Aging and Disability Services or the Department of State Health
Services [Mental Health and Mental Retardation] or a local mental
health or mental retardation authority;
(10) the facility is operated as a juvenile justice
alternative education program;
(11) the facility:
(A) is not operated primarily as a correctional
or rehabilitation facility; and
(B) only houses persons or children described by
Section 244.001(1)(B) for a purpose related to treatment or
education; or
(12) the facility is a probation or parole office
located in a commercial use area.
SECTION 25.130. Section 331.010(b), Local Government Code,
is amended to read as follows:
(b) The governor and the Texas Board of Criminal Justice
[Corrections] may permit the use of state inmates and defendants
confined in state jail felony facilities [convicts] for the
improvement and maintenance of parks acquired under this chapter
under agreements made by the Parks and Wildlife Department and the
municipality or county.
SECTION 25.131. Section 34.002, Natural Resources Code, is
amended to read as follows:
Sec. 34.002. APPLICATION OF CHAPTER. (a) The provisions
of this chapter apply to:
(1) land owned by the Texas Parks and Wildlife
Department;
(2) land owned by the Texas Department of Criminal
Justice [Corrections].

(b) If title to land subject to the provisions of the
Relinquishment Act is acquired by the Texas Parks and Wildlife
Department or the Texas Department of Criminal Justice
[Corrections], the land is not subject to lease by a board created
under the provisions of this chapter but shall be leased in the
manner provided for the leasing of unsold public school land.
SECTION 25.132. Section 34.011, Natural Resources Code, is
amended to read as follows:
Sec. 34.011. BOARDS FOR LEASE. Boards for lease are created
to lease land owned by the Texas Parks and Wildlife Department and
the Texas Department of Criminal Justice [Corrections].
SECTION 25.133. Section 85.386, Natural Resources Code, is
amended to read as follows:
Sec. 85.386. FORGING NAMES ON PERMITS AND TENDERS. A person
shall be imprisoned in the Texas Department of Criminal Justice
[penitentiary] for not less than two nor more than five years if he:
(1) forges the name of an agent, officer, or employee
of the commission to a permit or tender of the commission relating
to oil or gas or any product or by-product of oil or gas;
(2) forges the name of any person to such a tender or
permit; or
(3) knowingly uses a forged instrument to induce
another to handle or transport oil or gas or any product or
by-product of oil or gas.
SECTION 25.134. Section 85.387, Natural Resources Code, is
amended to read as follows:
Sec. 85.387. PROCURING TENDERS AND PERMITS. A person shall
be imprisoned in the Texas Department of Criminal Justice
[penitentiary] for not less than two nor more than five years if he:
(1) knowingly procures or causes an agent, officer, or
employee of the commission to approve or issue a permit or tender of
the commission relating to oil or gas or any product or by-product
of oil or gas that includes a statement or representation that is
false and that materially misrepresents the true facts respecting
the oil or gas or any product or by-product of either; or
(2) procures or causes an agent, officer, or employee
of the commission to issue to him a permit or tender relating to oil
or gas or any product or by-product of either with the intent to
defraud.
SECTION 25.135. Section 88.134(b), Natural Resources Code,
is amended to read as follows:
(b) A person who violates any other provision of this
chapter other than those covered by Subsection (a) [of this
section], a person who fails to comply with any of the other terms
of this chapter, a person who fails to comply with the terms of a
rule or order adopted by the governmental agency under the terms of
this chapter, or a person who violates any of the rules or orders of
the governmental agency adopted under the provisions of this
chapter on conviction is considered guilty of a felony and on
conviction shall be punished by imprisonment in the Texas
Department of Criminal Justice [state penitentiary] for a term of
not less than two nor more than four years.
SECTION 25.136. Section 91.143(b), Natural Resources Code,
is amended to read as follows:
(b) A person commits an offense if the person violates this
section. An offense under this section is a felony punishable by:
(1) imprisonment in the [institutional division of
the] Texas Department of Criminal Justice for a term of not less
than two years or more than five years;
(2) a fine of not more than $10,000; or
(3) both the imprisonment and the fine.
SECTION 25.137. Section 117.053(b), Natural Resources
Code, is amended to read as follows:
(b) An offense under this section is punishable by a fine of
not more than $25,000, confinement in the Texas Department of
Criminal Justice [Corrections] for a term of not more than five
years, or both such fine and imprisonment.
SECTION 25.138. Section 117.054(b), Natural Resources
Code, is amended to read as follows:
(b) An offense under this section is punishable by a fine of
not more than $25,000, confinement in the Texas Department of
Criminal Justice [Corrections] for a term of not more than 15 years,
or both such fine and imprisonment.
SECTION 25.139. Section 161.401, Natural Resources Code, is
amended to read as follows:
Sec. 161.401. PENALTY FOR CERTAIN TRANSACTIONS. Any
person, seller, veteran, or appraiser who knowingly makes, utters,
publishes, passes, or uses any false, fictitious, or forged paper,
document, contract, affidavit, application, assignment, or other
instrument in writing in connection with or pertaining to any
transaction under this chapter is guilty of a felony and on
conviction shall be punished by imprisonment in the Texas
Department of Criminal Justice [state penitentiary] for not less
than two nor more than 10 years, or by a fine of not less than $1,000
nor more than $10,000, or by both.
SECTION 25.140. Section 161.402, Natural Resources Code, is
amended to read as follows:
Sec. 161.402. PENALTY RELATING TO CERTAIN PURCHASES, SALES,
AND RESALES OF LAND. A person who knowingly files a false,
fictitious, or forged paper, document, contract, affidavit,
application, assignment, or other instrument in writing relating to
the purchase, sale, or resale of land under this chapter is guilty
of a felony and on conviction shall be punished by imprisonment in
the Texas Department of Criminal Justice [state penitentiary] for
not less than two nor more than 10 years or by a fine of not less
than $1,000 nor more than $10,000, or by both.
SECTION 25.141. Section 161.403, Natural Resources Code, is
amended to read as follows:
Sec. 161.403. PENALTY FOR DEFRAUDING VETERAN AND STATE. A
person who defrauds a veteran of his rights and benefits under this
chapter by an act of fraud, duress, deceit, coercion, or
misrepresentation or a person who uses the purposes or provisions
of this chapter to defraud the state or any veteran by an act of
fraud, duress, coercion, misrepresentation, or deceit, is guilty of
a felony, and on conviction shall be punished by imprisonment in the
Texas Department of Criminal Justice [state penitentiary] for not
less than two nor more than 10 years or by a fine of not less than
$1,000 nor more than $10,000, or by both.
SECTION 25.142. Section 1701.310(e), Occupations Code, is
amended to read as follows:
(e) A person trained and certified by the Texas Department
of Criminal Justice to serve as a corrections officer in that
agency’s correctional institutions [institutional or state jail]
division is not required to complete the training requirements of
this section to be appointed a part-time county jailer.
Examinations under Section 1701.304 and psychological and physical
examinations under Section 1701.306 apply.
SECTION 25.143. Section 12.407(a), Parks and Wildlife Code,
is amended to read as follows:
(a) An individual adjudged guilty of a Parks and Wildlife
Code felony shall be punished by confinement in the [institutional
division of the] Texas Department of Criminal Justice for any term
of not more than 10 years or less than two years.
SECTION 25.144. Section 1.07(a)(27), Penal Code, is
repealed.
SECTION 25.145. Section 12.31(a), Penal Code, is amended to
read as follows:
(a) An individual adjudged guilty of a capital felony in a
case in which the state seeks the death penalty shall be punished by
imprisonment in the Texas Department of Criminal Justice
[institutional division] for life without parole or by death. An
individual adjudged guilty of a capital felony in a case in which
the state does not seek the death penalty shall be punished by
imprisonment in the Texas Department of Criminal Justice
[institutional division] for life without parole.
SECTION 25.146. Section 12.32(a), Penal Code, is amended to
read as follows:
(a) An individual adjudged guilty of a felony of the first
degree shall be punished by imprisonment in the Texas Department of
Criminal Justice [institutional division] for life or for any term
of not more than 99 years or less than 5 years.
SECTION 25.147. Section 12.33(a), Penal Code, is amended to
read as follows:
(a) An individual adjudged guilty of a felony of the second
degree shall be punished by imprisonment in the Texas Department of
Criminal Justice [institutional division] for any term of not more
than 20 years or less than 2 years.
SECTION 25.148. Section 12.34(a), Penal Code, is amended to
read as follows:
(a) An individual adjudged guilty of a felony of the third
degree shall be punished by imprisonment in the Texas Department of
Criminal Justice [institutional division] for any term of not more
than 10 years or less than 2 years.
SECTION 25.149. Section 12.41, Penal Code, is amended to
read as follows:
Sec. 12.41. CLASSIFICATION OF OFFENSES OUTSIDE THIS CODE.
For purposes of this subchapter, any conviction not obtained from a
prosecution under this code shall be classified as follows:
(1) “felony of the third degree” if imprisonment in
the Texas Department of Criminal Justice or another [a]
penitentiary is affixed to the offense as a possible punishment;
(2) “Class B misdemeanor” if the offense is not a
felony and confinement in a jail is affixed to the offense as a
possible punishment;
(3) “Class C misdemeanor” if the offense is punishable
by fine only.
SECTION 25.150. Section 12.42(d), Penal Code, is amended to
read as follows:
(d) Except as provided by Subsection (c)(2), if it is shown
on the trial of a felony offense other than a state jail felony
punishable under Section 12.35(a) that the defendant has previously
been finally convicted of two felony offenses, and the second
previous felony conviction is for an offense that occurred
subsequent to the first previous conviction having become final, on
conviction he shall be punished by imprisonment in the
[institutional division of the] Texas Department of Criminal
Justice for life, or for any term of not more than 99 years or less
than 25 years.
SECTION 25.151. Section 322, Texas Probate Code, is amended
to read as follows:
Sec. 322. CLASSIFICATION OF CLAIMS AGAINST ESTATES OF
DECEDENT. Claims against an estate of a decedent shall be
classified and have priority of payment, as follows:
Class 1. Funeral expenses and expenses of last sickness for
a reasonable amount to be approved by the court, not to exceed a
total of Fifteen Thousand Dollars, with any excess to be classified
and paid as other unsecured claims.
Class 2. Expenses of administration and expenses incurred
in the preservation, safekeeping, and management of the estate,
including fees and expenses awarded under Section 243 of this code,
and unpaid expenses of administration awarded in a guardianship of
the decedent.
Class 3. Secured claims for money under Section 306(a)(1),
including tax liens, so far as the same can be paid out of the
proceeds of the property subject to such mortgage or other lien, and
when more than one mortgage, lien, or security interest shall exist
upon the same property, they shall be paid in order of their
priority.
Class 4. Claims for the principal amount of and accrued
interest on delinquent child support and child support arrearages
that have been confirmed and reduced to money judgment, as
determined under Subchapter F, Chapter 157, Family Code, and claims
for unpaid child support obligations under Section 154.015, Family
Code.
Class 5. Claims for taxes, penalties, and interest due
under Title 2, Tax Code; Chapter 8, Title 132, Revised Statutes;
Section 81.111, Natural Resources Code; the Municipal Sales and Use
Tax Act (Chapter 321, Tax Code); Section 451.404, Transportation
Code; or Subchapter I, Chapter 452, Transportation Code.
Class 6. Claims for the cost of confinement established by
the [institutional division of the] Texas Department of Criminal
Justice under Section 501.017, Government Code.
Class 7. Claims for repayment of medical assistance
payments made by the state under Chapter 32, Human Resources Code,
to or for the benefit of the decedent.
Class 8. All other claims.
SECTION 25.152. Section 11.11(g), Tax Code, is amended to
read as follows:
(g) For purposes of this section, an improvement is owned by
the state and is used for public purposes if it is:
(1) located on land owned by the Texas Department of
Criminal Justice [Corrections];
(2) leased and used by the department; and
(3) subject to a lease-purchase agreement providing
that legal title to the improvement passes to the department at the
end of the lease period.
SECTION 25.153. Section 26.044(d), Tax Code, is amended to
read as follows:
(d) In this section, “state criminal justice mandate” means
the amount spent by the county in the previous 12 months providing
for the maintenance and operation cost of keeping inmates in
county-paid facilities after they have been sentenced to the
[institutional division of the] Texas Department of Criminal
Justice as certified by the county auditor based on information
provided by the county sheriff, minus the amount received from
state revenue for reimbursement of such costs.
SECTION 25.154. Section 154.520(b), Tax Code, is amended to
read as follows:
(b) An offense under this section is a felony punishable by
confinement in the Texas Department of Criminal Justice [state
penitentiary] for not less than 2 years nor more than 20 years.
SECTION 25.155. Section 55.252, Utilities Code, is amended
to read as follows:
Sec. 55.252. 900 SERVICE USED BY PROBATIONERS OR PAROLEES.
(a) This section applies only to a telecommunications utility that
transports or provides an intrastate 900 service that is:
(1) covered by a contract authorized by Chapter 76 or
508, Government Code; and
(2) used by a defendant under the supervision of a
community supervision and corrections department or the parole
[pardons and paroles] division of the Texas Department of Criminal
Justice to:
(A) pay a fee or cost; or
(B) comply with telephone reporting
requirements.
(b) A telecommunications utility may adjust or authorize
the adjustment of an end-user’s bill for 900 service described by
Subsection (a) only with the consent of the contracting community
supervision and corrections department or the contracting parole
[pardons and paroles] division of the Texas Department of Criminal
Justice.
SECTION 25.156. Section 186.032(b), Utilities Code, is
amended to read as follows:
(b) An offense under this section is a misdemeanor
punishable by a fine of not more than $500, by confinement in jail
for not more than 60 days, or by both, unless the person has been
previously convicted of an offense under this section. A second or
subsequent offense is a felony punishable by a fine of not more than
$5,000, by imprisonment in the Texas Department of Criminal Justice
[penitentiary] for not less than two years and not more than five
years, or by both.
ARTICLE 26. REPEAL OF CERTAIN UNCONSTITUTIONAL CIVIL STATUTES
SECTION 26.001. The following acts and articles as compiled
in Vernon’s Texas Civil Statutes are repealed as unconstitutional:
(1) Article 118d;
(2) Articles 165a, 165b, 165c, 165d, 165e, 165f, 165g,
165h, 165i, 165j, 165k, 165l, and 165m;
(3) Article 326q;
(4) Article 835d;
(5) Articles 911c and 911e;
(6) Articles 2116a and 2116b;
(7) Article 2615f-2;
(8) Article 3263b;
(9) Articles 4512a-1, 4512a-2, 4512a-3, 4512a-4,
4512a-5, 4512a-6, 4512a-7, 4512a-8, 4512a-9, 4512a-10, 4512a-11,
4512a-12, 4512a-13, 4512a-14, 4512a-15, 4512a-16, 4512a-17, and
4512a-18;
(10) Article 6699b; and
(11) Articles 7294a and 7294b.
ARTICLE 27. RENUMBERING
SECTION 27.001. The following provisions of enacted codes
are renumbered or relettered to eliminate duplicate citations or to
relocate misplaced provisions:
(1) Subsections (e), (f), and (g), Section 201.026,
Agriculture Code, as added by Chapter 1189 (H.B. 3355), Acts of the
77th Legislature, Regular Session, 2001, and Subsections (h), (i),
and (j), Section 201.026, Agriculture Code, are relettered as
Subsections (h), (i), (j), (k), (l), and (m), Section 201.026,
Agriculture Code, respectively.
(2) Subsection (g), Article 45.049, Code of Criminal
Procedure, as added by Chapter 1263 (H.B. 3060), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(i), Article 45.049, Code of Criminal Procedure.
(3) Article 62.0015, Code of Criminal Procedure, as
added by Chapter 685 (H.B. 668), Acts of the 76th Legislature,
Regular Session, 1999, is transferred to Subchapter A, Chapter 63,
Code of Criminal Procedure, and renumbered as Article 63.0015, Code
of Criminal Procedure.
(4) Subsection (f), Section 11.163, Education Code, as
added by Chapter 10 (S.B. 135), Acts of the 80th Legislature,
Regular Session, 2007, is transferred to Section 11.1513, Education
Code, and relettered as Subsection (j), Section 11.1513, Education
Code.
(5) Section 29.095, Education Code, as added by
Chapter 893 (H.B. 2504), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 29.099, Education Code.
(6) Section 38.019, Education Code, as added by
Chapter 1371 (S.B. 7), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 38.0181, Education Code.
(7) Section 51.969, Education Code, as added by
Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 51.971, Education Code.
(8) Section 51.969, Education Code, as added by
Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th
Legislature, Regular Session, 2007, is renumbered as Section
51.972, Education Code.
(9) Section 54.5395, Education Code, as added by
Chapter 555 (S.B. 1417), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 54.5398, Education Code.
(10) Section 61.0901, Education Code, as added by
Chapter 507 (S.B. 469), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 61.0903, Education Code.
(11) Subsection (e), Section 13.002, Election Code, as
added by Chapter 614 (H.B. 417), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (g), Section
13.002, Election Code.
(12) Section 61.013, Election Code, as added by
Chapter 697 (H.B. 1921), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 61.014, Election Code.
(13) Subsection (v), Section 54.04, Family Code, as
added by Chapter 908 (H.B. 2884), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (x), Section
54.04, Family Code.
(14) Section 54.0481, Family Code, as added by Chapter
908 (H.B. 2884), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Section 54.0482, Family Code.
(15) Subsection (g), Section 162.304, Family Code, as
added by Chapter 267 (H.B. 2702), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (i), Section
162.304, Family Code.
(16) Section 156.214, Finance Code, as added by
Chapter 905 (H.B. 2783), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 156.215, Finance Code.
(17) Chapter 351, Finance Code, as added by Chapter
135 (H.B. 1344), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Chapter 352, Finance Code, and Sections
351.001, 351.002, 351.003, 351.004, 351.005, 351.006, 351.007, and
351.008, Finance Code, as added by that Act, are renumbered as
Sections 352.001, 352.002, 352.003, 352.004, 352.005, 352.006,
352.007, and 352.008, Finance Code, respectively.
(18) Subsection (c), Section 27.031, Government Code,
as added by Chapter 383 (S.B. 618), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (d), Section
27.031, Government Code.
(19) Sections 30.3601, 30.3602, 30.3603, and 30.3604,
Government Code, as added by Chapter 235 (H.B. 259), Acts of the
75th Legislature, Regular Session, 1997, are transferred to
Subchapter U, Chapter 30, Government Code, and renumbered as
Sections 30.007801, 30.007802, 30.007803, and 30.007804,
Government Code, respectively.
(20) Section 402.031, Government Code, as added by
Chapter 285 (H.B. 716), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 402.033, Government Code.
(21) Section 402.031, Government Code, as added by
Chapter 81 (H.B. 1676), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 402.034, Government Code.
(22) Subsection (h), Section 411.042, Government
Code, as added by Chapter 1372 (S.B. 9), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(j), Section 411.042, Government Code.
(23) Section 411.1406, Government Code, as added by
Chapter 15 (S.B. 505), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 411.1408, Government Code.
(24) Section 411.1406, Government Code, as added by
Chapter 406 (S.B. 885), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 411.1409, Government Code.
(25) Subsection (c), Section 411.179, Government
Code, as added by Chapter 594 (H.B. 41), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(d), Section 411.179, Government Code.
(26) Section 418.111, Government Code, as added by
Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 418.1101, Government Code.
(27) Section 418.112, Government Code, as added by
Chapter 338 (S.B. 61), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 418.1102, Government Code.
(28) Section 431.0291, Government Code, as added by
Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 431.0295, Government Code.
(29) Section 434.017, Government Code, as added by
Chapter 364 (S.B. 310), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 434.018, Government Code.
(30) Section 434.107, Government Code, as added by
Chapter 1381 (S.B. 1058), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 434.108, Government Code.
(31) Subchapter P, Chapter 487, Government Code, as
added by Chapter 712 (H.B. 2235), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter Q, Chapter 487,
Government Code, and Sections 487.701, 487.702, and 487.703,
Government Code, as added by that Act, are renumbered as Sections
487.751, 487.752, and 487.753, Government Code, respectively.
(32) Section 493.026, Government Code, as added by
Chapter 263 (S.B. 103), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 493.028, Government Code.
(33) Section 495.025, Government Code, as added by
Chapter 100 (S.B. 1580), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 495.027, Government Code.
(34) Section 501.059, Government Code, as added by
Chapter 1227 (H.B. 2389), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 501.065, Government Code.
(35) Section 531.019, Government Code, as added by
Chapter 1110 (H.B. 3575), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 531.0191, Government Code.
(36) Section 531.02413, Government Code, as added by
Chapter 605 (H.B. 321), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 531.02415, Government Code.
(37) Subchapter M, Chapter 531, Government Code, as
added by Chapter 348 (S.B. 156), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter Q, Chapter 531,
Government Code, and Sections 531.451, 531.452, 531.453, 531.454,
531.455, 531.456, 531.457, 531.458, 531.459, and 531.460,
Government Code, as added by that Act, are renumbered as Sections
531.651, 531.652, 531.653, 531.654, 531.655, 531.656, 531.657,
531.658, 531.659, and 531.660, Government Code, respectively.
(38) Section 533.019, Government Code, as added by
Chapter 730 (H.B. 2636), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 533.020, Government Code.
(39) Section 552.148, Government Code, as added by
Chapter 471 (H.B. 2188), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 552.149, Government Code.
(40) Subchapter H, Chapter 614, Government Code, as
added by Chapter 1215 (H.B. 1915), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter I, Chapter 614,
Government Code.
(41) Subchapter H, Chapter 614, Government Code, as
added by Chapter 1159 (H.B. 12), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter J, Chapter 614,
Government Code, and Sections 614.151 and 614.152, Government Code,
as added by that Act, are renumbered as Sections 614.171 and
614.172, Government Code, respectively.
(42) Subchapter H, Chapter 614, Government Code, as
added by Chapter 1248 (H.B. 2667), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter K, Chapter 614,
Government Code, and Sections 614.121 and 614.122, Government Code,
as added by that Act, are renumbered as Sections 614.191 and
614.192, Government Code, respectively.
(43) Section 662.053, Government Code, as added by
Chapter 386 (S.B. 640), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 662.054, Government Code.
(44) Section 662.103, Government Code, as added by
Chapter 651 (H.B. 1045), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 662.105, Government Code.
(45) Section 2155.452, Government Code, as added by
Chapter 258 (S.B. 11), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 2155.453, Government Code.
(46) Section 2165.008, Government Code, as added by
Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 2165.009, Government Code.
(47) Section 2252.904, Government Code, as added by
Chapter 979 (S.B. 924), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 2252.905, Government Code.
(48) Chapter 2264, Government Code, as added by
Chapter 939 (H.B. 3693), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Chapter 2265, Government Code, and
Section 2264.001, Government Code, as added by that Act, is
renumbered as Section 2265.001, Government Code.
(49) Chapter 2264, Government Code, as added by
Chapter 1224 (H.B. 2365), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Chapter 2266, Government Code, and
Sections 2264.001, 2264.002, 2264.051, 2264.052, 2264.053,
2264.101, 2264.102, 2264.103, 2264.104, 2264.105, 2264.106, and
2264.107, Government Code, as added by that Act, are renumbered as
Sections 2266.001, 2266.002, 2266.051, 2266.052, 2266.053,
2266.101, 2266.102, 2266.103, 2266.104, 2266.105, 2266.106, and
2266.107, Government Code, respectively.
(50) Sections 109.001, 109.002, 109.003, 109.004,
109.005, 109.006, 109.007, 109.008, 109.009, 109.010, 109.011,
109.012, 109.013, and 109.014, Health and Safety Code, as
renumbered from Sections 113.001, 113.002, 113.003, 113.004,
113.005, 113.006, 113.007, 113.008, 113.009, 113.010, 113.011,
113.012, 113.013, and 113.014, Health and Safety Code,
respectively, by Chapter 921 (H.B. 3167), Acts of the 80th
Legislature, Regular Session, 2007, are designated as Subchapter A,
Chapter 109, Health and Safety Code, to conform to Chapter 645 (H.B.
921), Acts of the 80th Legislature, Regular Session, 2007, and the
heading to Subchapter A, Chapter 113, Health and Safety Code, as
added by that Act, is transferred to Chapter 109, Health and Safety
Code, and redesignated as the heading to Subchapter A, Chapter 109,
Health and Safety Code.
(51) Subchapter B, Chapter 113, Health and Safety
Code, as added by Chapter 645 (H.B. 921), Acts of the 80th
Legislature, Regular Session, 2007, is transferred to Chapter 109,
Health and Safety Code, and redesignated as Subchapter B, Chapter
109, Health and Safety Code, and Sections 113.051, 113.052,
113.053, 113.054, 113.055, 113.056, and 113.057, Health and Safety
Code, as added by that Act, are renumbered as Sections 109.051,
109.052, 109.053, 109.054, 109.055, 109.056, and 109.057, Health
and Safety Code, respectively.
(52) Section 161.0102, Health and Safety Code, as
added by Chapter 258 (S.B. 11), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Section 161.0104, Health
and Safety Code.
(53) Section 161.0107, Health and Safety Code, as
added by Chapter 59 (H.B. 1379), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Section 161.0109, Health
and Safety Code.
(54) Section 341.0357, Health and Safety Code, as
added by Chapter 861 (H.B. 1391), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Section 341.0358, Health
and Safety Code.
(55) Subdivision (7-a), Section 382.003, Health and
Safety Code, as added by Chapter 262 (S.B. 12), Acts of the 80th
Legislature, Regular Session, 2007, is renumbered as Subdivision
(7-b), Section 382.003, Health and Safety Code.
(56) Subsection (f), Section 401.301, Health and
Safety Code, as added by Chapter 1332 (S.B. 1604), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(g), Section 401.301, Health and Safety Code.
(57) Subchapter C, Chapter 32, Human Resources Code,
as added by Chapter 268 (S.B. 10), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter E, Chapter 32,
Human Resources Code, and Sections 32.101 and 32.102, Human
Resources Code, as added by that Act, are renumbered as Sections
32.201 and 32.202, Human Resources Code, respectively.

(58) Subchapter C, Chapter 32, Human Resources Code,
as added by Chapter 795 (S.B. 22), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter F, Chapter 32,
Human Resources Code, and Sections 32.101, 32.102, 32.103, 32.104,
32.105, 32.106, and 32.107, Human Resources Code, as added by that
Act, are renumbered as Sections 32.251, 32.252, 32.253, 32.254,
32.255, 32.256, and 32.257, Human Resources Code, respectively.
(59) Section 61.0763, Human Resources Code, as added
by Chapter 847 (H.B. 1111), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 61.0765, Human Resources
Code.
(60) Chapter 228, Insurance Code, as added by Chapter
932 (H.B. 3315), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Chapter 229, Insurance Code, and Sections
228.001 and 228.002, Insurance Code, as added by that Act, are
renumbered as Sections 229.001 and 229.002, Insurance Code,
respectively.
(61) Subchapter G, Chapter 544, Insurance Code, as
added by Chapter 748 (H.B. 2810), Acts of the 79th Legislature,
Regular Session, 2005, is relettered as Subchapter K, Chapter 544,
Insurance Code, and Sections 544.301, 544.302, and 544.303,
Insurance Code, as added by that Act, are renumbered as Sections
544.501, 544.502, and 544.503, Insurance Code, respectively.
(62) Chapter 1215, Insurance Code, as added by Chapter
1322 (S.B. 1391), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Chapter 1216, Insurance Code, and Sections
1215.001, 1215.002, 1215.003, and 1215.004, Insurance Code, as
added by that Act, are renumbered as Sections 1216.001, 1216.002,
1216.003, and 1216.004, Insurance Code, respectively.
(63) Section 1570.056, Insurance Code, as added by
Chapter 728 (H.B. 2018), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 1507.056, Insurance Code.
(64) Section 43.035, Local Government Code, as added
by Chapter 1097 (H.B. 3367), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 43.036, Local Government
Code.
(65) Chapter 177, Local Government Code, as added by
Chapter 985 (S.B. 1207), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Chapter 178, Local Government Code,
and Sections 177.001, 177.051, 177.052, 177.053, 177.054, 177.055,
and 177.056, Local Government Code, as added by that Act, are
renumbered as Sections 178.001, 178.051, 178.052, 178.053,
178.054, 178.055, and 178.056, Local Government Code,
respectively.
(66) Section 401.006, Local Government Code, as added
by Chapter 874 (H.B. 1656), Acts of the 80th Legislature, Regular
Session, 2007, is transferred to Chapter 551, Local Government
Code, and renumbered as Section 551.006, Local Government Code.
(67) Section 401.006, Local Government Code, as added
by Chapters 1352 (H.B. 4) and 1430 (S.B. 3), Acts of the 80th
Legislature, Regular Session, 2007, is transferred to Chapter 551,
Local Government Code, and renumbered as Section 551.007, Local
Government Code.
(68) Section 402.911, Local Government Code, as added
by Chapter 1430 (S.B. 3), Acts of the 80th Legislature, Regular
Session, 2007, is transferred to Subchapter Z, Chapter 552, Local
Government Code, and renumbered as Section 552.911, Local
Government Code.
(69) Section 412.017, Local Government Code, as added
by Chapter 858 (H.B. 1314), Acts of the 80th Legislature, Regular
Session, 2007, is transferred to Subchapter B, Chapter 562, Local
Government Code, and renumbered as Section 562.017, Local
Government Code.
(70) Section 412.017, Local Government Code, as added
by Chapter 1104 (H.B. 3475), Acts of the 80th Legislature, Regular
Session, 2007, is transferred to Subchapter B, Chapter 562, Local
Government Code, and renumbered as Section 562.018, Local
Government Code.
(71) Subchapter P, Chapter 91, Natural Resources Code,
as added by Chapter 210 (H.B. 630), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subchapter Q, Chapter 91,
Natural Resources Code, and Sections 91.701, 91.702, 91.703,
91.704, and 91.705, Natural Resources Code, as added by that Act,
are renumbered as Sections 91.751, 91.752, 91.753, 91.754, and
91.755, Natural Resources Code, respectively.
(72) Subsection (k), Section 1101.455, Occupations
Code, as added by Chapter 1411 (S.B. 914), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(l), Section 1101.455, Occupations Code.
(73) Section 1702.286, Occupations Code, as added by
Chapter 1102 (H.B. 2243), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 1702.2865, Occupations
Code.
(74) Section 2301.361, Occupations Code, as added by
Chapter 1363 (H.B. 2559), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 2301.362, Occupations Code.
(75) Section 2303.160, Occupations Code, as added by
Chapter 1046 (H.B. 2094), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 2303.161, Occupations Code.
(76) Section 5.016, Property Code, as added by Chapter
843 (H.B. 1038), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Section 5.018, Property Code.
(77) Subsection (f), Section 82.051, Property Code, as
added by Chapter 1092 (H.B. 3232), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (g), Section
82.051, Property Code.
(78) Chapter 8159, Special District Local Laws Code,
as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8294, Special
District Local Laws Code, and Sections 8159.001, 8159.002,
8159.003, 8159.004, 8159.051, 8159.101, 8159.102, 8159.103, and
8159.104, Special District Local Laws Code, as added by that Act,
are renumbered as Sections 8294.001, 8294.002, 8294.003, 8294.004,
8294.051, 8294.101, 8294.102, 8294.103, and 8294.104, Special
District Local Laws Code, respectively.
(79) Chapter 8160, Special District Local Laws Code,
as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8295, Special
District Local Laws Code, and Sections 8160.001, 8160.002,
8160.003, 8160.004, 8160.051, and 8160.101, Special District Local
Laws Code, as added by that Act, are renumbered as Sections
8295.001, 8295.002, 8295.003, 8295.004, 8295.051, and 8295.101,
Special District Local Laws Code, respectively.
(80) Chapter 8163, Special District Local Laws Code,
as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8296, Special
District Local Laws Code, and Sections 8163.001, 8163.002,
8163.003, 8163.004, 8163.051, and 8163.101, Special District Local
Laws Code, as added by that Act, are renumbered as Sections
8296.001, 8296.002, 8296.003, 8296.004, 8296.051, and 8296.101,
Special District Local Laws Code, respectively.
(81) Chapter 8164, Special District Local Laws Code,
as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8298, Special
District Local Laws Code, and Sections 8164.001, 8164.002,
8164.003, 8164.004, 8164.051, 8164.052, 8164.053, 8164.054,
8164.055, 8164.101, 8164.102, 8164.103, 8164.104, 8164.105,
8164.106, 8164.107, 8164.151, 8164.152, 8164.153, 8164.154,
8164.155, and 8164.201, Special District Local Laws Code, as added
by that Act, are renumbered as Sections 8298.001, 8298.002,
8298.003, 8298.004, 8298.051, 8298.052, 8298.053, 8298.054,
8298.055, 8298.101, 8298.102, 8298.103, 8298.104, 8298.105,
8298.106, 8298.107, 8298.151, 8298.152, 8298.153, 8298.154,
8298.155, and 8298.201, Special District Local Laws Code,
respectively.
(82) Chapter 8208, Special District Local Laws Code,
as added by Chapter 1314 (S.B. 1069), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8299, Special
District Local Laws Code, and Sections 8208.001, 8208.002,
8208.003, 8208.004, 8208.051, 8208.052, 8208.053, 8208.054,
8208.055, 8208.056, 8208.101, 8208.102, 8208.103, 8208.151, and
8208.201, Special District Local Laws Code, as added by that Act,
are renumbered as Sections 8299.001, 8299.002, 8299.003, 8299.004,
8299.051, 8299.052, 8299.053, 8299.054, 8299.055, 8299.056,
8299.101, 8299.102, 8299.103, 8299.151, and 8299.201, Special
District Local Laws Code, respectively.
(83) Chapter 8210, Special District Local Laws Code,
as added by Chapter 170 (S.B. 1977), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8300, Special
District Local Laws Code, and Sections 8210.001, 8210.002,
8210.003, 8210.004, 8210.005, 8210.051, 8210.052, 8210.053,
8210.101, 8210.102, 8210.103, 8210.151, 8210.152, 8210.201, and
8210.202, Special District Local Laws Code, as added by that Act,
are renumbered as Sections 8300.001, 8300.002, 8300.003, 8300.004,
8300.005, 8300.051, 8300.052, 8300.053, 8300.101, 8300.102,
8300.103, 8300.151, 8300.152, 8300.201, and 8300.202, Special
District Local Laws Code, respectively.
(84) Chapter 8269, Special District Local Laws Code,
as added by Chapter 1430 (S.B. 3), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 8301, Special
District Local Laws Code, and Sections 8269.001, 8269.002,
8269.003, 8269.004, 8269.005, 8269.021, 8269.022, 8269.023,
8269.024, 8269.025, 8269.026, 8269.051, 8269.052, 8269.101,
8269.102, 8269.103, 8269.104, 8269.151, 8269.152, 8269.201, and
8269.202, Special District Local Laws Code, as added by that Act,
are renumbered as Sections 8301.001, 8301.002, 8301.003, 8301.004,
8301.005, 8301.021, 8301.022, 8301.023, 8301.024, 8301.025,
8301.026, 8301.051, 8301.052, 8301.101, 8301.102, 8301.103,
8301.104, 8301.151, 8301.152, 8301.201, and 8301.202, Special
District Local Laws Code, respectively.
(85) Chapter 9009, Special District Local Laws Code,
as added by Chapter 920 (H.B. 3166), Acts of the 80th Legislature,
Regular Session, 2007, is renumbered as Chapter 9015, Special
District Local Laws Code, and Sections 9009.001, 9009.002,
9009.003, 9009.004, 9009.051, 9009.052, 9009.101, 9009.102,
9009.103, 9009.104, 9009.105, 9009.106, 9009.107, 9009.108,
9009.109, 9009.151, 9009.152, 9009.153, 9009.154, 9009.155,
9009.156, 9009.157, 9009.158, 9009.201, 9009.202, 9009.203,
9009.204, 9009.205, 9009.251, 9009.252, 9009.253, 9009.254,
9009.255, 9009.301, 9009.302, 9009.303, 9009.351, 9009.352,
9009.353, 9009.354, 9009.355, 9009.356, 9009.357, 9009.358,
9009.359, 9009.360, 9009.361, 9009.362, 9009.363, 9009.364, and
9009.365, Special District Local Laws Code, as added by that Act,
are renumbered as Sections 9015.001, 9015.002, 9015.003, 9015.004,
9015.051, 9015.052, 9015.101, 9015.102, 9015.103, 9015.104,
9015.105, 9015.106, 9015.107, 9015.108, 9015.109, 9015.151,
9015.152, 9015.153, 9015.154, 9015.155, 9015.156, 9015.157,
9015.158, 9015.201, 9015.202, 9015.203, 9015.204, 9015.205,
9015.251, 9015.252, 9015.253, 9015.254, 9015.255, 9015.301,
9015.302, 9015.303, 9015.351, 9015.352, 9015.353, 9015.354,
9015.355, 9015.356, 9015.357, 9015.358, 9015.359, 9015.360,
9015.361, 9015.362, 9015.363, 9015.364, and 9015.365, Special
District Local Laws Code, respectively.
(86) Section 11.253, Tax Code, as added by Chapter 842
(H.B. 1022), Acts of the 80th Legislature, Regular Session, 2007,
is renumbered as Section 11.254, Tax Code.
(87) Subsection (c-1), Section 162.227, Tax Code, as
added by Chapter 911 (H.B. 2982), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (c-2), Section
162.227, Tax Code.
(88) Section 313.008, Tax Code, as added by Chapter
1270 (H.B. 3430), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Section 313.009, Tax Code.
(89) Section 201.617, Transportation Code, as added by
Chapter 474 (H.B. 137), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 201.620, Transportation
Code.
(90) Section 201.805, Transportation Code, as added by
Chapter 1407 (S.B. 766), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 201.806, Transportation
Code.
(91) Section 201.907, Transportation Code, as added by
Chapter 1086 (H.B. 1925), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 201.908, Transportation
Code.
(92) Section 225.044, Transportation Code, as added by
Chapter 1420 (H.B. 2812), Acts of the 77th Legislature, Regular
Session, 2001, is renumbered as Section 225.071, Transportation
Code.
(93) Section 225.059, Transportation Code, as added by
Chapter 546 (H.B. 1136), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 225.072, Transportation
Code.
(94) Section 225.059, Transportation Code, as added by
Chapter 286 (H.B. 540), Acts of the 79th Legislature, Regular
Session, 2005, is renumbered as Section 225.0591, Transportation
Code.
(95) Subsection (a-1), Section 225.0591,
Transportation Code, as renumbered from Section 225.059,
Transportation Code, by this section, is relettered as Subsection
(a), Section 225.0591, Transportation Code.
(96) Section 225.066, Transportation Code, as added by
Chapter 99 (H.B. 2296), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 225.073, Transportation
Code.
(97) Section 225.066, Transportation Code, as added by
Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 225.074, Transportation
Code.
(98) Section 225.069, Transportation Code, as added by
Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 225.075, Transportation
Code.
(99) Section 225.070, Transportation Code, as added by
Chapter 1160 (H.B. 53), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 225.076, Transportation
Code.
(100) Subsection (b), Section 391.091, Transportation
Code, as added by Chapter 743 (H.B. 3330), Acts of the 78th
Legislature, Regular Session, 2003, is relettered as Subsection
(b-1), Section 391.091, Transportation Code.
(101) Subsection (c), Section 394.021, Transportation
Code, as added by Chapter 1083 (H.B. 2944), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(b-1), Section 394.021, Transportation Code.
(102) Subsection (c), Section 502.409, Transportation
Code, as added by Chapter 1027 (H.B. 1623), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(d), Section 502.409, Transportation Code.
(103) Subsection (h), Section 504.315, Transportation
Code, as added by Chapter 1166 (H.B. 191), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(i), Section 504.315, Transportation Code.
(104) Subsection (d), Section 521.049, Transportation
Code, as added by Chapter 424 (S.B. 1372), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(f), Section 521.049, Transportation Code.
(105) Subsection (f), Section 521.421, Transportation
Code, as added by Chapter 510 (S.B. 1403), Acts of the 75th
Legislature, Regular Session, 1997, is relettered as Subsection
(j), Section 521.421, Transportation Code.
(106) Subsection (j), Section 522.029, Transportation
Code, as added by Chapter 1319 (S.B. 1260), Acts of the 80th
Legislature, Regular Session, 2007, is relettered as Subsection
(k), Section 522.029, Transportation Code.
(107) Section 522.054, Transportation Code, as added
by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 522.0541, Transportation
Code.
(108) Section 545.426, Transportation Code, as added
by Chapter 424 (S.B. 1372), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 545.427, Transportation
Code.
(109) Section 643.209, Transportation Code, is
transferred to Subchapter E, Chapter 2308, Occupations Code, and
renumbered as Section 2308.209, Occupations Code.
(110) Subsection (i), Section 39.107, Utilities Code,
as added by Chapter 527 (S.B. 831), Acts of the 80th Legislature,
Regular Session, 2007, is relettered as Subsection (j), Section
39.107, Utilities Code.
(111) Section 39.9051, Utilities Code, as added by
Chapter 262 (S.B. 12), Acts of the 80th Legislature, Regular
Session, 2007, is renumbered as Section 39.9053, Utilities Code.
(112) Section 27.023, Water Code, as added by Chapter
901 (H.B. 2654), Acts of the 80th Legislature, Regular Session,
2007, is renumbered as Section 27.025, Water Code.
SECTION 27.002. The following changes are made to conform
the provisions amended to the renumbering and relettering changes
made by Section 27.001 of this Act:
(1) Subsection (j), Section 201.026, Agriculture
Code, as relettered from Subsection (g), Section 201.026,
Agriculture Code, by this article, is amended to read as follows:
(j) [(g)] The Texas Commission on Environmental Quality may
not require a landowner who requests and complies with a water
quality management plan under Subsection (i) [(f)] to record the
burial of animal carcasses in the county deed records or report the
burial to the commission.
(2) Subsection (b), Section 33.052, Election Code, is
amended to read as follows:
(b) For purposes of this section, a watcher is considered to
have served continuously if the watcher leaves the polling place
for the purpose of using a wireless communication device prohibited
from use in the polling place under Section 61.014 [61.013] and the
watcher promptly returns.
(3) Subsection (a), Section 62.0111, Election Code, is
amended to read as follows:
(a) At the discretion of the presiding judge, notice of the
prohibition of the use of certain devices under Section 61.014
[61.013] may be posted at one or more locations in the polling place
where it can be read by persons waiting to vote.
(4) Subsection (a), Section 352.002, Finance Code, as
renumbered from Section 351.002, Finance Code, by this article, is
amended to read as follows:
(a) A person may not, individually or in conjunction or
cooperation with another person, act as a facilitator unless the
person is:
(1) engaged in the business of preparing tax returns,
or employed by a person engaged in the business of preparing tax
returns;
(2) primarily involved in financial services or tax
preparations;
(3) authorized by the Internal Revenue Service as an
e-file provider; and
(4) registered with the commissioner as a facilitator
under Section 352.003 [351.003].
(5) Subsection (a), Section 352.004, Finance Code, as
renumbered from Section 351.004, Finance Code, by this article, is
amended to read as follows:
(a) A facilitator to which Section 352.002 [351.002]
applies shall discuss with and clearly disclose to a borrower,
after the borrower’s tax return has been prepared and before the
loan is closed:
(1) the refund anticipation loan fee schedule;
(2) a written statement disclosing:
(A) that a refund anticipation loan is a loan and
is not the borrower’s actual income tax refund;
(B) that the taxpayer may file an income tax
return electronically without applying for a refund anticipation
loan;
(C) that the borrower is responsible for
repayment of the loan and related fees if the tax refund is not paid
or is insufficient to repay the loan;
(D) any fee that will be charged if the loan is
not approved;
(E) the average time, as published by the
Internal Revenue Service, within which a taxpayer can expect to
receive a refund for an income tax return filed:
(i) electronically, and the refund is:
(a) deposited directly into the
taxpayer’s bank account; or
(b) mailed to the taxpayer; and
(ii) by mail, and the refund is:
(a) deposited directly into the
taxpayer’s financial institution account; or
(b) mailed to the taxpayer;
(F) that the Internal Revenue Service does not
guarantee:
(i) payment of the full amount of the
anticipated refund; or
(ii) a specific date on which it will mail a
refund or deposit the refund into a taxpayer’s financial
institution account; and
(G) the estimated time within which the proceeds
of the refund anticipation loan will be paid to the borrower if the
loan is approved; and

(3) the following information, specific to the
borrower:
(A) the estimated total fees for the loan; and
(B) the estimated annual percentage rate for the
loan, calculated using the guidelines established under the Truth
in Lending Act (15 U.S.C. Section 1601 et seq.).
(6) Subsection (a), Section 411.179, Government Code,
is amended to read as follows:
(a) The department by rule shall adopt the form of the
license. A license must include:
(1) a number assigned to the license holder by the
department;
(2) a statement of the period for which the license is
effective;
(3) a statement of the category or categories of
handguns the license holder may carry as provided by Subsection
(b);
(4) a color photograph of the license holder;
(5) the license holder’s full name, date of birth, hair
and eye color, height, weight, and signature;
(6) the license holder’s residence address or, as
provided by Subsection (d) [(c)], the street address of the
courthouse in which the license holder or license holder’s spouse
serves as a federal judge or the license holder serves as a state
judge; and
(7) the number of a driver’s license or an
identification certificate issued to the license holder by the
department.
(7) Subsection (c), Section 531.654, Government Code,
as renumbered from Section 531.454, Government Code, by this
article, is amended to read as follows:
(c) The application prescribed by the commission must:
(1) require the applicant to provide data on the
number of low-income, first-time mothers residing in the community
in which the applicant proposes to operate or expand a partnership
program and provide a description of existing services available to
those mothers;
(2) describe the ongoing monitoring and evaluation
process to which a grant recipient is subject under Section 531.659
[531.459], including the recipient’s obligation to collect and
provide information requested by the commission under Section
531.659(c) [531.459(c)]; and
(3) require the applicant to provide other relevant
information as determined by the commission.
(8) Section 531.655, Government Code, as renumbered
from Section 531.455, Government Code, by this article, is amended
to read as follows:
Sec. 531.655 [531.455]. ADDITIONAL CONSIDERATIONS IN
AWARDING GRANTS. In addition to the factors described by Sections
531.652(b) [531.452(b)] and 531.653 [531.453], in determining
whether to award a grant to an applicant under this subchapter, the
commission shall consider:
(1) the demonstrated need for a partnership program in
the community in which the applicant proposes to operate or expand
the program, which may be determined by considering:
(A) the poverty rate, the crime rate, the number
of births to Medicaid recipients, the rate of poor birth outcomes,
and the incidence of child abuse and neglect during a prescribed
period in the community; and
(B) the need to enhance school readiness in the
community;
(2) the applicant’s ability to participate in ongoing
monitoring and performance evaluations under Section 531.659
[531.459], including the applicant’s ability to collect and provide
information requested by the commission under Section 531.659(c)
[531.459(c)];
(3) the applicant’s ability to adhere to the
partnership program standards adopted under Section 531.656
[531.456];
(4) the applicant’s ability to develop broad-based
community support for implementing or expanding a partnership
program, as applicable; and
(5) the applicant’s history of developing and
sustaining innovative, high-quality programs that meet the needs of
families and communities.
(9) Subsections (a) and (b), Section 531.659,
Government Code, as renumbered from Section 531.459, Government
Code, by this article, are amended to read as follows:
(a) The commission, with the assistance of the Nurse-Family
Partnership National Service Office, shall:
(1) adopt performance indicators that are designed to
measure a grant recipient’s performance with respect to the
partnership program standards adopted by the commission under
Section 531.656 [531.456];
(2) use the performance indicators to continuously
monitor and formally evaluate on an annual basis the performance of
each grant recipient; and
(3) prepare and submit an annual report, not later
than December 1 of each year, to the Senate Health and Human
Services Committee, or its successor, and the House Human Services
Committee, or its successor, regarding the performance of each
grant recipient during the preceding state fiscal year with respect
to providing partnership program services.
(b) The report required under Subsection (a)(3) must
include:
(1) the number of low-income, first-time mothers to
whom each grant recipient provided partnership program services
and, of that number, the number of mothers who established the
paternity of an alleged father as a result of services provided
under the program;
(2) the extent to which each grant recipient made
regular visits to mothers during the period described by Section
531.653(4) [531.453(4)]; and
(3) the extent to which each grant recipient adhered
to the Nurse-Family Partnership National Service Office’s program
model, including the extent to which registered nurses:
(A) conducted home visitations comparable in
frequency, duration, and content to those delivered in Nurse-Family
Partnership National Service Office clinical trials; and
(B) assessed the health and well-being of mothers
and children participating in the partnership programs in
accordance with indicators of maternal, child, and family health
defined by the commission in consultation with the Nurse-Family
Partnership National Service Office.
(10) Subsection (d), Section 361.086, Health and
Safety Code, is amended to read as follows:
(d) A separate permit is not required for activities
authorized by a general permit issued under Section 27.025
[27.023], Water Code.
(11) Subsection (a), Section 91.027, Human Resources
Code, is amended to read as follows:
(a) To the extent that funds are available under Sections
521.421(j) [521.421(f), as added by Chapter 510, Acts of the 75th
Legislature, Regular Session, 1997,] and 521.422(b),
Transportation Code, the commission shall operate a Blindness
Education, Screening, and Treatment Program to provide:
(1) blindness prevention education and screening and
treatment to prevent blindness for residents who are not covered
under an adequate health benefit plan; and
(2) transition services to blind disabled individuals
eligible for vocational rehabilitation services under Section
91.052.
(12) Section 1216.003, Insurance Code, as renumbered
from Section 1215.003, Insurance Code, by this article, is amended
to read as follows:
Sec. 1216.003 [1215.003]. EXCEPTION. This chapter does not
apply to:
(1) a plan that provides coverage:
(A) only for a specified disease;
(B) only for accidental death or dismemberment;
(C) for wages or payments in lieu of wages for a
period during which an employee is absent from work because of
sickness or injury;
(D) as a supplement to a liability insurance
policy;
(E) only for dental or vision care;
(F) only for indemnity for hospital confinement;
or
(G) only for health care services provided to an
enrollee while the enrollee is traveling to, visiting, or residing
in a foreign country;
(2) a Medicare supplemental policy as defined by
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss);
(3) a workers’ compensation insurance policy;
(4) medical payment insurance coverage provided under
a motor vehicle insurance policy; or
(5) a long-term care insurance policy, including a
nursing home fixed indemnity policy, unless the commissioner
determines that the policy provides benefit coverage so
comprehensive that the policy is a health benefit plan as described
by Section 1216.002 [1215.002].
(13) Subdivisions (2) and (4), Section 1651.101,
Insurance Code, are amended to read as follows:
(2) “Dollar-for-dollar asset disregard” and “asset
protection” have the meanings assigned by Section 32.251 [32.101],
Human Resources Code.
(4) “Partnership for long-term care program” means the
program established under Subchapter F [C], Chapter 32, Human
Resources Code, and this subchapter.
(14) Subsection (b), Section 178.056, Local
Government Code, as renumbered from Section 177.056, Local
Government Code, by this article, is amended to read as follows:
(b) If the special district is located wholly or partly in
more than one county and if the action of more than one
commissioners court was needed under Section 178.055(b)(2)
[177.055(b)(2)] to remove the director, the commissioners court of
each of those counties must agree on the appointment.
(15) Section 8299.003, Special District Local Laws
Code, as renumbered from Section 8208.003, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8299.003 [8208.003]. CONFIRMATION ELECTION REQUIRED.
If the creation of the district is not confirmed at a confirmation
election held under Section 8299.055 [8208.055] before September 1,
2011:
(1) the district is dissolved September 1, 2011,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Fort Bend County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2014.
(16) Subsection (b), Section 8299.053, Special
District Local Laws Code, as renumbered from Section 8208.053,
Special District Local Laws Code, by this article, is amended to
read as follows:
(b) Notwithstanding Section 8299.051(b) [8208.051(b)], the
terms of the first three directors named in Subsection (a) expire on
the uniform election date in May 2008, and the terms of the last two
directors named in Subsection (a) expire on the uniform election
date in May 2010.
(17) Section 8299.054, Special District Local Laws
Code, as renumbered from Section 8208.054, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8299.054 [8208.054]. CONSENT OF MUNICIPALITY
REQUIRED. The initial directors may not hold an election under
Section 8299.055 [8208.055] until each municipality in whose
corporate limits or extraterritorial jurisdiction the district is
located has adopted a resolution consenting to the creation of the
district.
(18) Section 8299.056, Special District Local Laws
Code, as renumbered from Section 8208.056, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8299.056 [8208.056]. EXPIRATION. Sections 8299.053
[8208.053], 8299.054 [8208.054], and 8299.055 [8208.055] and this
section expire September 1, 2011.
(19) Section 8299.151, Special District Local Laws
Code, as renumbered from Section 8208.151, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8299.151 [8208.151]. TAX TO REPAY BONDS. The district
may impose a tax to pay the principal of or interest on bonds issued
under Section 8299.201 [8208.201].
(20) Section 8299.201, Special District Local Laws
Code, as renumbered from Section 8208.201, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8299.201 [8208.201]. AUTHORITY TO ISSUE BONDS AND
OTHER OBLIGATIONS. (a) The district may issue bonds or other
obligations as provided by Chapters 49 and 54, Water Code, to
finance the construction, maintenance, or operation of projects
under Sections 8299.101 [8208.101] and 8299.102 [8208.102].
(b) The district may not issue bonds to finance projects
authorized by Section 8299.102 [8208.102] unless the issuance is
approved by a vote of a two-thirds majority of the voters of the
district voting at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8299.102 [8208.102] may not exceed
one-fourth of the assessed value of the real property in the
district.
(21) Subsection (b), Section 8300.051, Special
District Local Laws Code, as renumbered from Section 8210.051,
Special District Local Laws Code, by this article, is amended to
read as follows:
(b) Except as provided by Section 8300.053 [8210.053],
directors serve staggered four-year terms.
(22) Subsection (a), Section 8300.152, Special
District Local Laws Code, as renumbered from Section 8210.152,
Special District Local Laws Code, by this article, is amended to
read as follows:
(a) If authorized at an election held in accordance with
Section 8300.151 [8210.151], the district may impose an operation
and maintenance tax on taxable property in the district in
accordance with the provisions of Section [Chapter] 49.107, Water
Code.
(23) Section 8301.003, Special District Local Laws
Code, as renumbered from Section 8269.003, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8301.003 [8269.003]. CONFIRMATION ELECTION REQUIRED.
If the creation of the district is not confirmed at a confirmation
election held under Section 8301.023 [8269.023] before September 1,
2012:
(1) the district is dissolved September 1, 2012,
except that:
(A) any debts incurred shall be paid;
(B) any assets that remain after the payment of
debts shall be transferred to Hays County; and
(C) the organization of the district shall be
maintained until all debts are paid and remaining assets are
transferred; and
(2) this chapter expires September 1, 2015.
(24) Subsection (d), Section 8301.021, Special
District Local Laws Code, as renumbered from Section 8269.021,
Special District Local Laws Code, by this article, is amended to
read as follows:
(d) Temporary directors serve until the earlier of:
(1) the date directors are elected under Section
8301.023 [8269.023]; or
(2) the date this chapter expires under Section
8301.003 [8269.003].

(25) Section 8301.024, Special District Local Laws
Code, as renumbered from Section 8269.024, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8301.024 [8269.024]. INITIAL ELECTED DIRECTORS;
TERMS. The directors elected under Section 8301.023 [8269.023]
shall draw lots to determine which two serve until the first
regularly scheduled election of directors under Section 8301.052
[8269.052] and which three shall serve until the second regularly
scheduled election of directors.
(26) Section 8301.025, Special District Local Laws
Code, as renumbered from Section 8269.025, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 8301.025 [8269.025]. DATE OF FIRST REGULARLY
SCHEDULED ELECTION OF DIRECTORS. The board by order may postpone
the first election under Section 8301.052 [8269.052] following the
confirmation and initial directors’ election held under Section
8301.023 [8269.023] if:
(1) the election would otherwise occur not later than
the 60th day after the date on which the confirmation election is
held; or
(2) the board determines that there is not sufficient
time to comply with the requirements of law and to order the
election.
(27) Subsection (a), Section 8301.151, Special
District Local Laws Code, as renumbered from Section 8269.151,
Special District Local Laws Code, by this article, is amended to
read as follows:
(a) Except as provided by Section 8301.201(b)
[8269.201(b)], the district may issue, without an election, bonds
and other obligations secured by revenue or contract payments from
any source other than ad valorem taxation.
(28) Subsection (a), Section 8301.152, Special
District Local Laws Code, as renumbered from Section 8269.152,
Special District Local Laws Code, by this article, is amended to
read as follows:
(a) If authorized at an election held under Section 8301.151
[8269.151], the district may impose an operation and maintenance
tax on taxable property in the district in accordance with Section
49.107, Water Code.
(29) Subsections (b) and (c), Section 8301.201,
Special District Local Laws Code, as renumbered from Section
8269.201, Special District Local Laws Code, by this article, are
amended to read as follows:
(b) The district may not issue bonds to finance projects
authorized by Section 8301.103 [8269.103] unless the issuance is
approved by a vote of a two-thirds majority of the voters of the
district voting at an election called for that purpose.
(c) Bonds or other obligations issued or incurred to finance
projects authorized by Section 8301.103 [8269.103] may not exceed
one-fourth of the assessed value of the real property in the
district.
(30) Section 9015.051, Special District Local Laws
Code, as renumbered from Section 9009.051, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 9015.051 [9009.051]. AUTHORITY TERRITORY. The
authority is composed of the territory that was contained in the
city on January 1, 1981, as that territory may have been modified
under:
(1) Subchapter J, Chapter 49, Water Code;
(2) Section 5, Chapter 12, Acts of the 57th
Legislature, 3rd Called Session, 1962 (Article 8280-270, Vernon’s
Texas Civil Statutes);
(3) Section 9015.052 [9009.052]; or
(4) other law.
(31) Subsection (g), Section 9015.052, Special
District Local Laws Code, as renumbered from Section 9009.052,
Special District Local Laws Code, by this article, is amended to
read as follows:
(g) An election held under Subsection (f) shall be held in
the same manner as an election under Section 9015.354 [9009.354]
for the issuance of bonds payable wholly or partly from taxes.
(32) Section 9015.254, Special District Local Laws
Code, as renumbered from Section 9009.254, Special District Local
Laws Code, by this article, is amended to read as follows:
Sec. 9015.254 [9009.254]. JUDICIAL NOTICE OF RULES. A
court shall take judicial notice of a rule adopted under this
subchapter and published as required by Section 9015.253
[9009.253], and the court shall consider the rule to be similar in
nature to a penal ordinance of a municipality.
(33) Subsection (k), Section 22.01, Tax Code, is
amended to read as follows:
(k) Notwithstanding Subsections (a) and (b), an individual
who has been granted or has applied for an exemption from taxation
under Section 11.254 [11.253] for a motor vehicle the individual
owns is not required to render the motor vehicle for taxation.
(34) Subsection (b), Section 521.427, Transportation
Code, is amended to read as follows:
(b) Subsection (a) does not apply to:
(1) the portion of a fee collected under Section
521.421(b) or Section 521.421(f), as added by Chapter 1156, Acts of
the 75th Legislature, Regular Session, 1997, that is required by
Section 662.011 to be deposited to the credit of the motorcycle
education fund account;
(2) a fee collected under Section 521.421(j)
[521.421(f), as added by Chapter 510, Acts of the 75th Legislature,
Regular Session, 1997];
(3) a fee collected under Section 521.421(g); or
(4) a fee collected under Section 521.422(b) or (c).
(35) Subsection (a), Section 522.029, Transportation
Code, is amended to read as follows:
(a) The fee for a commercial driver’s license or commercial
driver learner’s permit issued by the department is $60, except as
provided by Subsections (f), (h), [and] (j), and (k).
(36) Section 522.055, Transportation Code, is amended
to read as follows:
Sec. 522.055. CLEARANCE NOTICE TO DEPARTMENT. On receipt
of notice from the other state that the grounds for denial of the
renewal of the commercial driver’s license based on the license
holder’s previous failure to appear or failure to pay a fine and
costs previously reported by that state under Section 522.0541
[522.054] have ceased to exist, the department shall renew the
person’s commercial driver’s license.
(37) Subsection (a), Section 2308.209, Occupations
Code, as renumbered from Section 643.209, Transportation Code, by
this article, is repealed.
SECTION 27.003. If the number, letter, or designation
assigned by Section 27.001 of this Act conflicts with a number,
letter, or designation assigned by another Act of the 81st
Legislature:
(1) the other Act controls, and the change made by
Section 27.001 of this Act has no effect; and
(2) any change made by Section 27.002 of this Act to
conform to that change made by Section 27.001 of this Act has no
effect.
ARTICLE 28. EFFECTIVE DATE
SECTION 28.001. This Act takes effect September 1, 2009.

______________________________ ______________________________
President of the Senate Speaker of the House

I hereby certify that S.B. No. 1969 passed the Senate on
April 23, 2009, by the following vote: Yeas 30, Nays 0.

______________________________
Secretary of the Senate

I hereby certify that S.B. No. 1969 passed the House on
May 11, 2009, by the following vote: Yeas 144, Nays 0, two
present not voting.

______________________________
Chief Clerk of the House

Approved:

______________________________
Date

______________________________
Governor

 

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