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AN ACT
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relating to nonsubstantive additions to, revisions of, and |
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corrections in enacted codes, to the nonsubstantive codification or |
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disposition of various laws omitted from enacted codes, and to |
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conforming codifications enacted by the 85th Legislature to other |
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Acts of that legislature. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. GENERAL PROVISIONS |
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SECTION 1.001. This Act is enacted as part of the state's |
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continuing statutory revision program under Chapter 323, |
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Government Code. This Act is a revision for purposes of Section 43, |
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Article III, Texas Constitution, and has the purposes of: |
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(1) codifying without substantive change or providing |
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for other appropriate disposition of various statutes that were |
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omitted from enacted codes; |
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(2) conforming codifications enacted by the 85th |
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Legislature to other Acts of that legislature that amended the laws |
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codified or added new law to subject matter codified; |
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(3) revising without substantive change provisions in |
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enacted codes; |
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(4) making necessary corrections to enacted codes; and |
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(5) renumbering or otherwise redesignating titles, |
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chapters, and sections of codes that duplicate title, chapter, or |
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section designations. |
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SECTION 1.002. (a) The repeal of a statute by this Act does |
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not affect an amendment, revision, or reenactment of the statute by |
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the 86th Legislature, Regular Session, 2019. The amendment, |
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revision, or reenactment is preserved and given effect as part of |
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the code provision that revised the statute so amended, revised, or |
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reenacted. |
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(b) If any provision of this Act conflicts with a statute |
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enacted by the 86th Legislature, Regular Session, 2019, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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SECTION 1.004. (a) The repeal of a law, including a |
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validating law, by this Act does not remove, void, or otherwise |
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affect in any manner a validation under the repealed law. The |
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validation is preserved and continues to have the same effect that |
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it would have if the law were not repealed. |
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(b) Subsection (a) of this section does not diminish the |
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saving provisions prescribed by Section 311.031, Government Code. |
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ARTICLE 2. CHANGES RELATING TO AGRICULTURE CODE |
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SECTION 2.001. Chapter 77, Agriculture Code, is amended to |
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conform to Section 9, Chapter 755 (S.B. 1731), Acts of the 85th |
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Legislature, Regular Session, 2017, to read as follows: |
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CHAPTER 77. FIRE ANT CONTROL |
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[SUBCHAPTER A. ERADICATION PROGRAM] |
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Sec. 77.001. COMMISSIONERS COURT MAY ESTABLISH PROGRAM. |
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The commissioners court of any county may establish, implement, and |
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conduct a program for the eradication or control of the imported |
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fire ant. |
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Sec. 77.002. COORDINATION WITH OTHER PROGRAMS. The program |
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established under this chapter may be conducted independently of or |
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in conjunction with any related program conducted and financed by |
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private or other public entities. |
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Sec. 77.003. COST OF PROGRAM. The commissioners court may |
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expend any available county funds to pay for all or its share of the |
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cost of a program established under this chapter, including funds |
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derived from taxation under the 80-cent limitation of Article VIII, |
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Section 9, of the Texas Constitution. |
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[SUBCHAPTER B. BASIC RESEARCH PROGRAM] |
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ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 3.001. Section 17.46(b), Business & Commerce Code, |
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as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967 |
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(S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017, |
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is reenacted and amended to read as follows: |
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(b) Except as provided in Subsection (d) of this section, |
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the term "false, misleading, or deceptive acts or practices" |
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includes, but is not limited to, the following acts: |
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(1) passing off goods or services as those of another; |
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(2) causing confusion or misunderstanding as to the |
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source, sponsorship, approval, or certification of goods or |
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services; |
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(3) causing confusion or misunderstanding as to |
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affiliation, connection, or association with, or certification by, |
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another; |
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(4) using deceptive representations or designations |
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of geographic origin in connection with goods or services; |
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(5) representing that goods or services have |
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sponsorship, approval, characteristics, ingredients, uses, |
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benefits, or quantities which they do not have or that a person has |
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a sponsorship, approval, status, affiliation, or connection which |
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the person does not; |
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(6) representing that goods are original or new if |
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they are deteriorated, reconditioned, reclaimed, used, or |
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secondhand; |
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(7) representing that goods or services are of a |
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particular standard, quality, or grade, or that goods are of a |
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particular style or model, if they are of another; |
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(8) disparaging the goods, services, or business of |
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another by false or misleading representation of facts; |
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(9) advertising goods or services with intent not to |
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sell them as advertised; |
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(10) advertising goods or services with intent not to |
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supply a reasonable expectable public demand, unless the |
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advertisements disclosed a limitation of quantity; |
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(11) making false or misleading statements of fact |
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concerning the reasons for, existence of, or amount of price |
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reductions; |
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(12) representing that an agreement confers or |
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involves rights, remedies, or obligations which it does not have or |
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involve, or which are prohibited by law; |
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(13) knowingly making false or misleading statements |
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of fact concerning the need for parts, replacement, or repair |
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service; |
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(14) misrepresenting the authority of a salesman, |
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representative or agent to negotiate the final terms of a consumer |
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transaction; |
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(15) basing a charge for the repair of any item in |
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whole or in part on a guaranty or warranty instead of on the value of |
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the actual repairs made or work to be performed on the item without |
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stating separately the charges for the work and the charge for the |
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warranty or guaranty, if any; |
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(16) disconnecting, turning back, or resetting the |
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odometer of any motor vehicle so as to reduce the number of miles |
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indicated on the odometer gauge; |
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(17) advertising of any sale by fraudulently |
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representing that a person is going out of business; |
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(18) advertising, selling, or distributing a card |
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which purports to be a prescription drug identification card issued |
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under Section 4151.152, Insurance Code, in accordance with rules |
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adopted by the commissioner of insurance, which offers a discount |
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on the purchase of health care goods or services from a third party |
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provider, and which is not evidence of insurance coverage, unless: |
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(A) the discount is authorized under an agreement |
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between the seller of the card and the provider of those goods and |
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services or the discount or card is offered to members of the |
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seller; |
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(B) the seller does not represent that the card |
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provides insurance coverage of any kind; and |
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(C) the discount is not false, misleading, or |
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deceptive; |
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(19) using or employing a chain referral sales plan in |
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connection with the sale or offer to sell of goods, merchandise, or |
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anything of value, which uses the sales technique, plan, |
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arrangement, or agreement in which the buyer or prospective buyer |
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is offered the opportunity to purchase merchandise or goods and in |
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connection with the purchase receives the seller's promise or |
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representation that the buyer shall have the right to receive |
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compensation or consideration in any form for furnishing to the |
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seller the names of other prospective buyers if receipt of the |
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compensation or consideration is contingent upon the occurrence of |
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an event subsequent to the time the buyer purchases the merchandise |
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or goods; |
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(20) representing that a guaranty or warranty confers |
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or involves rights or remedies which it does not have or involve, |
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provided, however, that nothing in this subchapter shall be |
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construed to expand the implied warranty of merchantability as |
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defined in Sections 2.314 through 2.318 and Sections 2A.212 through |
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2A.216 to involve obligations in excess of those which are |
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appropriate to the goods; |
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(21) promoting a pyramid promotional scheme, as |
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defined by Section 17.461; |
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(22) representing that work or services have been |
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performed on, or parts replaced in, goods when the work or services |
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were not performed or the parts replaced; |
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(23) filing suit founded upon a written contractual |
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obligation of and signed by the defendant to pay money arising out |
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of or based on a consumer transaction for goods, services, loans, or |
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extensions of credit intended primarily for personal, family, |
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household, or agricultural use in any county other than in the |
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county in which the defendant resides at the time of the |
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commencement of the action or in the county in which the defendant |
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in fact signed the contract; provided, however, that a violation of |
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this subsection shall not occur where it is shown by the person |
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filing such suit that the person neither knew or had reason to know |
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that the county in which such suit was filed was neither the county |
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in which the defendant resides at the commencement of the suit nor |
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the county in which the defendant in fact signed the contract; |
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(24) failing to disclose information concerning goods |
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or services which was known at the time of the transaction if such |
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failure to disclose such information was intended to induce the |
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consumer into a transaction into which the consumer would not have |
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entered had the information been disclosed; |
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(25) using the term "corporation," "incorporated," or |
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an abbreviation of either of those terms in the name of a business |
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entity that is not incorporated under the laws of this state or |
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another jurisdiction; |
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(26) selling, offering to sell, or illegally promoting |
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an annuity contract under Chapter 22, Acts of the 57th Legislature, |
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3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil |
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Statutes), with the intent that the annuity contract will be the |
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subject of a salary reduction agreement, as defined by that Act, if |
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the annuity contract is not an eligible qualified investment under |
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that Act or is not registered with the Teacher Retirement System of |
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Texas as required by Section 8A of that Act; |
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(27) taking advantage of a disaster declared by the |
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governor under Chapter 418, Government Code, by: |
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(A) selling or leasing fuel, food, medicine, or |
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another necessity at an exorbitant or excessive price; or |
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(B) demanding an exorbitant or excessive price in |
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connection with the sale or lease of fuel, food, medicine, or |
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another necessity; |
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(28) using the translation into a foreign language of |
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a title or other word, including "attorney," "immigration |
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consultant," "immigration expert," "lawyer," "licensed," "notary," |
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and "notary public," in any written or electronic material, |
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including an advertisement, a business card, a letterhead, |
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stationery, a website, or an online video, in reference to a person |
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who is not an attorney in order to imply that the person is |
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authorized to practice law in the United States; |
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(29) delivering or distributing a solicitation in |
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connection with a good or service that: |
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(A) represents that the solicitation is sent on |
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behalf of a governmental entity when it is not; or |
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(B) resembles a governmental notice or form that |
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represents or implies that a criminal penalty may be imposed if the |
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recipient does not remit payment for the good or service; |
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(30) delivering or distributing a solicitation in |
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connection with a good or service that resembles a check or other |
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negotiable instrument or invoice, unless the portion of the |
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solicitation that resembles a check or other negotiable instrument |
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or invoice includes the following notice, clearly and conspicuously |
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printed in at least 18-point type: |
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"SPECIMEN-NON-NEGOTIABLE"; |
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(31) in the production, sale, distribution, or |
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promotion of a synthetic substance that produces and is intended to |
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produce an effect when consumed or ingested similar to, or in excess |
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of, the effect of a controlled substance or controlled substance |
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analogue, as those terms are defined by Section 481.002, Health and |
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Safety Code: |
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(A) making a deceptive representation or |
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designation about the synthetic substance; or |
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(B) causing confusion or misunderstanding as to |
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the effects the synthetic substance causes when consumed or |
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ingested; |
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(32) a licensed public insurance adjuster directly or |
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indirectly soliciting employment, as defined by Section 38.01, |
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Penal Code, for an attorney, or a licensed public insurance |
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adjuster entering into a contract with an insured for the primary |
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purpose of referring the insured to an attorney without the intent |
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to actually perform the services customarily provided by a licensed |
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public insurance adjuster, provided that this subdivision may not |
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be construed to prohibit a licensed public insurance adjuster from |
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recommending a particular attorney to an insured; [or] |
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(33) owning, operating, maintaining, or advertising a |
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massage establishment, as defined by Section 455.001, Occupations |
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Code, that: |
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(A) is not appropriately licensed under Chapter |
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455, Occupations Code, or is not in compliance with the applicable |
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licensing and other requirements of that chapter; or |
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(B) is not in compliance with an applicable local |
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ordinance relating to the licensing or regulation of massage |
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establishments; or |
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(34) [(33)] a warrantor of a vehicle protection |
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product warranty using, in connection with the product, a name that |
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includes "casualty," "surety," "insurance," "mutual," or any other |
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word descriptive of an insurance business, including property or |
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casualty insurance, or a surety business. |
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ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 4.001. Article 5.07, Code of Criminal Procedure, is |
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transferred to Chapter 13, Code of Criminal Procedure, and |
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redesignated as Article 13.38, Code of Criminal Procedure. |
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SECTION 4.002. Article 5.08, Code of Criminal Procedure, is |
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amended to conform to the amendment of Article 42A.301, Code of |
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Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th |
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Legislature, Regular Session, 2017, to read as follows: |
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Art. 5.08. MEDIATION IN FAMILY VIOLENCE CASES. |
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Notwithstanding Article 26.13(g) or 42A.301(b)(15) [42A.301(15)], |
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in a criminal prosecution arising from family violence, as that |
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term is defined by Section 71.004, Family Code, a court shall not |
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refer or order the victim or the defendant involved to mediation, |
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dispute resolution, arbitration, or other similar procedures. |
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SECTION 4.003. Article 16.22(a), Code of Criminal |
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Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B. |
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1849), Acts of the 85th Legislature, Regular Session, 2017, is |
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reenacted to read as follows: |
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(a)(1) Not later than 12 hours after the sheriff or |
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municipal jailer having custody of a defendant for an offense |
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punishable as a Class B misdemeanor or any higher category of |
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offense receives credible information that may establish |
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reasonable cause to believe that the defendant has a mental illness |
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or is a person with an intellectual disability, the sheriff or |
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municipal jailer shall provide written or electronic notice to the |
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magistrate. The notice must include any information related to the |
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sheriff's or municipal jailer's determination, such as information |
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regarding the defendant's behavior immediately before, during, and |
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after the defendant's arrest and, if applicable, the results of any |
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previous assessment of the defendant. On a determination that |
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there is reasonable cause to believe that the defendant has a mental |
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illness or is a person with an intellectual disability, the |
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magistrate, except as provided by Subdivision (2), shall order the |
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local mental health authority, local intellectual and |
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developmental disability authority, or another qualified mental |
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health or intellectual disability expert to: |
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(A) collect information regarding whether the |
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defendant has a mental illness as defined by Section 571.003, |
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Health and Safety Code, or is a person with an intellectual |
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disability as defined by Section 591.003, Health and Safety Code, |
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including, if applicable, information obtained from any previous |
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assessment of the defendant and information regarding any |
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previously recommended treatment; and |
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(B) provide to the magistrate a written |
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assessment of the information collected under Paragraph (A) on the |
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form approved by the Texas Correctional Office on Offenders with |
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Medical or Mental Impairments under Section 614.0032(b), Health and |
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Safety Code. |
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(2) The magistrate is not required to order the |
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collection of information under Subdivision (1) if the defendant in |
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the year preceding the defendant's applicable date of arrest has |
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been determined to have a mental illness or to be a person with an |
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intellectual disability by the local mental health authority, local |
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intellectual and developmental disability authority, or another |
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mental health or intellectual disability expert described by |
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Subdivision (1). A court that elects to use the results of that |
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previous determination may proceed under Subsection (c). |
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(3) If the defendant fails or refuses to submit to the |
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collection of information regarding the defendant as required under |
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Subdivision (1), the magistrate may order the defendant to submit |
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to an examination in a jail or in another place determined to be |
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appropriate by the local mental health authority or local |
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intellectual and developmental disability authority for a |
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reasonable period not to exceed 72 hours. If applicable, the county |
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in which the committing court is located shall reimburse the local |
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mental health authority or local intellectual and developmental |
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disability authority for the mileage and per diem expenses of the |
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personnel required to transport the defendant, calculated in |
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accordance with the state travel regulations in effect at the time. |
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SECTION 4.004. Articles 18.01(c), (d), (e), (g), (h), and |
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(j), Code of Criminal Procedure, are amended to correct references |
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to read as follows: |
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(c) A search warrant may not be issued under Article |
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18.02(a)(10) [18.02(10)] unless the sworn affidavit required by |
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Subsection (b) sets forth sufficient facts to establish probable |
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cause: (1) that a specific offense has been committed, (2) that the |
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specifically described property or items that are to be searched |
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for or seized constitute evidence of that offense or evidence that a |
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particular person committed that offense, and (3) that the property |
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or items constituting evidence to be searched for or seized are |
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located at or on the particular person, place, or thing to be |
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searched. Except as provided by Subsections (d), (i), and (j), only |
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a judge of a municipal court of record or a county court who is an |
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attorney licensed by the State of Texas, a statutory county court |
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judge, a district court judge, a judge of the Court of Criminal |
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Appeals, including the presiding judge, a justice of the Supreme |
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Court of Texas, including the chief justice, or a magistrate with |
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jurisdiction over criminal cases serving a district court may issue |
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warrants under Article 18.02(a)(10) [18.02(10)]. |
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(d) Only the specifically described property or items set |
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forth in a search warrant issued under [Subdivision (10) of] |
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Article 18.02(a)(10) [18.02 of this code] or property, items or |
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contraband enumerated in [Subdivisions (1) through (9) or in
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Subdivision (12) of] Article 18.02(a)(1), (2), (3), (4), (5), (6), |
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(7), (8), (9), or (12) [18.02 of this code] may be seized. A |
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subsequent search warrant may be issued pursuant to [Subdivision
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(10) of] Article 18.02(a)(10) [18.02 of this code] to search the |
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same person, place, or thing subjected to a prior search under |
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[Subdivision (10) of] Article 18.02(a)(10) [18.02 of this code] |
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only if the subsequent search warrant is issued by a judge of a |
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district court, a court of appeals, the court of criminal appeals, |
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or the supreme court. |
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(e) A search warrant may not be issued under [Subdivision
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(10) of] Article 18.02(a)(10) [18.02 of this code] to search for and |
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seize property or items that are not described in Article |
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18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or [Subdivisions
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(1) through] (9) [of that article] and that are located in an office |
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of a newspaper, news magazine, television station, or radio |
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station, and in no event may property or items not described in |
|
Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or |
|
[Subdivisions (1) through] (9) [of that article] be legally seized |
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in any search pursuant to a search warrant of an office of a |
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newspaper, news magazine, television station, or radio station. |
|
(g) A search warrant may not be issued under [Subdivision
|
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(12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn |
|
affidavit required by Subsection (b) of this article sets forth |
|
sufficient facts to establish probable cause that a specific felony |
|
offense has been committed and that the specifically described |
|
property or items that are to be searched for or seized constitute |
|
contraband as defined in Article 59.01 of this code and are located |
|
at or on the particular person, place, or thing to be searched. |
|
(h) Except as provided by Subsection (i) of this article, a |
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warrant under [Subdivision (12),] Article 18.02(a)(12) [18.02 of
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this code] may only be issued by: |
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(1) a judge of a municipal court of record who is an |
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attorney licensed by the state; |
|
(2) a judge of a county court who is an attorney |
|
licensed by the state; or |
|
(3) a judge of a statutory county court, district |
|
court, the court of criminal appeals, or the supreme court. |
|
(j) Any magistrate who is an attorney licensed by this state |
|
may issue a search warrant under Article 18.02(a)(10) [18.02(10)] |
|
to collect a blood specimen from a person who: |
|
(1) is arrested for an offense under Section 49.04, |
|
49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and |
|
(2) refuses to submit to a breath or blood alcohol |
|
test. |
|
SECTION 4.005. Article 18.065(a), Code of Criminal |
|
Procedure, is amended to correct a reference to read as follows: |
|
(a) A warrant issued by the judge of a district court under |
|
Article 18.02(a)(10) [18.02(10)] to collect a DNA specimen from a |
|
person for the purpose of connecting that person to an offense may |
|
be executed in any county in this state. |
|
SECTION 4.006. Articles 42A.651(a) and (c), Code of |
|
Criminal Procedure, are amended to conform to the amendment of |
|
Article 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. |
|
1584), Acts of the 85th Legislature, Regular Session, 2017, to read |
|
as follows: |
|
(a) A judge may not order a defendant to make a payment as a |
|
term or condition of community supervision, except for: |
|
(1) the payment of fines, court costs, or restitution |
|
to the victim; |
|
(2) reimbursement of a county as described by Article |
|
42A.301(b)(11) [42A.301(11)]; or |
|
(3) a payment ordered as a condition that relates |
|
personally to the rehabilitation of the defendant or that is |
|
otherwise expressly authorized by law. |
|
(c) A judge may not impose a condition of community |
|
supervision requiring a defendant to reimburse a county for the |
|
costs of legal services as described by Article 42A.301(b)(11) |
|
[42A.301(11)] if the defendant has already satisfied that |
|
obligation under Article 26.05(g). |
|
SECTION 4.007. Article 42A.751(i), Code of Criminal |
|
Procedure, is amended to conform to the amendment of Article |
|
42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. 1584), |
|
Acts of the 85th Legislature, Regular Session, 2017, to read as |
|
follows: |
|
(i) In a revocation hearing at which it is alleged only that |
|
the defendant violated the conditions of community supervision by |
|
failing to pay community supervision fees or court costs or by |
|
failing to pay the costs of legal services as described by Article |
|
42A.301(b)(11) [42A.301(11)], the state must prove by a |
|
preponderance of the evidence that the defendant was able to pay and |
|
did not pay as ordered by the judge. |
|
SECTION 4.008. Article 42A.756, Code of Criminal Procedure, |
|
is amended to more accurately reflect the source law from which it |
|
was derived to read as follows: |
|
Art. 42A.756. DUE DILIGENCE DEFENSE. For the purposes of a |
|
hearing under Article 42A.751(d), it is an affirmative defense to |
|
revocation for an alleged violation based on a failure to report to |
|
a supervision officer as directed or to remain within a specified |
|
place that no supervision officer, peace officer, or other officer |
|
with the power of arrest under a warrant issued by a judge for that |
|
alleged violation contacted or attempted to contact the defendant |
|
in person at the defendant's last known residence address or last |
|
known employment address, as reflected in the files of the |
|
department serving the county in which the order of [deferred
|
|
adjudication] community supervision was entered. |
|
SECTION 4.009. Article 42A.757(a), Code of Criminal |
|
Procedure, is amended to more accurately reflect the source law |
|
from which it was derived to read as follows: |
|
(a) If a defendant is placed on [deferred adjudication] |
|
community supervision after receiving a grant of deferred |
|
adjudication community supervision for or being convicted of an |
|
offense under Section 21.11, 22.011, or 22.021, Penal Code, at any |
|
time during the period of community supervision, the judge may |
|
extend the period of community supervision as provided by this |
|
article. |
|
SECTION 4.010. Article 43.09(h), Code of Criminal |
|
Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B. |
|
1913), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted to read as follows: |
|
(h) The court may order the defendant to perform community |
|
service under Subsection (f): |
|
(1) by attending: |
|
(A) a work and job skills training program; |
|
(B) a preparatory class for the high school |
|
equivalency examination administered under Section 7.111, |
|
Education Code; |
|
(C) an alcohol or drug abuse program; |
|
(D) a rehabilitation program; |
|
(E) a counseling program, including a |
|
self-improvement program; |
|
(F) a mentoring program; or |
|
(G) any similar activity; or |
|
(2) for: |
|
(A) a governmental entity; |
|
(B) a nonprofit organization or another |
|
organization that provides services to the general public that |
|
enhance social welfare and the general well-being of the community, |
|
as determined by the court; or |
|
(C) an educational institution. |
|
SECTION 4.011. Article 45.049(c), Code of Criminal |
|
Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B. |
|
1913), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted to read as follows: |
|
(c) The justice or judge may order the defendant to perform |
|
community service under this article: |
|
(1) by attending: |
|
(A) a work and job skills training program; |
|
(B) a preparatory class for the high school |
|
equivalency examination administered under Section 7.111, |
|
Education Code; |
|
(C) an alcohol or drug abuse program; |
|
(D) a rehabilitation program; |
|
(E) a counseling program, including a |
|
self-improvement program; |
|
(F) a mentoring program; or |
|
(G) any similar activity; or |
|
(2) for: |
|
(A) a governmental entity; |
|
(B) a nonprofit organization or another |
|
organization that provides services to the general public that |
|
enhance social welfare and the general well-being of the community, |
|
as determined by the justice or judge; or |
|
(C) an educational institution. |
|
SECTION 4.012. (a) Article 45.0492(d), Code of Criminal |
|
Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd |
|
Legislature, Regular Session, 2011, and as amended by Chapters 977 |
|
(H.B. 351) and 1127 (S.B. 1913), Acts of the 85th Legislature, |
|
Regular Session, 2017, is reenacted to read as follows: |
|
(d) The justice or judge may order the defendant to perform |
|
community service under this article: |
|
(1) by attending: |
|
(A) a work and job skills training program; |
|
(B) a preparatory class for the high school |
|
equivalency examination administered under Section 7.111, |
|
Education Code; |
|
(C) an alcohol or drug abuse program; |
|
(D) a rehabilitation program; |
|
(E) a counseling program, including a |
|
self-improvement program; |
|
(F) a mentoring program; |
|
(G) a tutoring program; or |
|
(H) any similar activity; or |
|
(2) for: |
|
(A) a governmental entity; |
|
(B) a nonprofit organization or another |
|
organization that provides services to the general public that |
|
enhance social welfare and the general well-being of the community, |
|
as determined by the justice or judge; or |
|
(C) an educational institution. |
|
(b) Article 45.0492(d), Code of Criminal Procedure, as |
|
added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, |
|
Regular Session, 2011, and as amended by Chapters 977 (H.B. 351) |
|
and 1127 (S.B. 1913), Acts of the 85th Legislature, Regular |
|
Session, 2017, is reenacted to read as follows: |
|
(d) The justice or judge may order the defendant to perform |
|
community service under this article: |
|
(1) by attending: |
|
(A) a work and job skills training program; |
|
(B) a preparatory class for the high school |
|
equivalency examination administered under Section 7.111, |
|
Education Code; |
|
(C) an alcohol or drug abuse program; |
|
(D) a rehabilitation program; |
|
(E) a counseling program, including a |
|
self-improvement program; |
|
(F) a mentoring program; or |
|
(G) any similar activity; or |
|
(2) for: |
|
(A) a governmental entity; |
|
(B) a nonprofit organization or another |
|
organization that provides services to the general public that |
|
enhance social welfare and the general well-being of the community, |
|
as determined by the justice or judge; or |
|
(C) an educational institution. |
|
SECTION 4.013. The heading to Chapter 46, Code of Criminal |
|
Procedure, is amended to read as follows: |
|
CHAPTER 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND |
|
INTELLECTUAL DISABILITY [INSANITY AS DEFENSE] |
|
SECTION 4.014. Chapter 46A, Code of Criminal Procedure, is |
|
transferred to Chapter 361, Local Government Code, redesignated as |
|
Subchapter Z, Chapter 361, Local Government Code, and amended to |
|
read as follows: |
|
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS |
|
[CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS] |
|
Sec. 361.901 [Art. 46A.01]. AIDS AND HIV TESTING IN COUNTY |
|
AND MUNICIPAL JAILS; SEGREGATION[; DISCLOSURE]. (a) In this |
|
section, [article] "AIDS" and "HIV" have the meanings assigned |
|
[those terms] by Section 81.101, Health and Safety Code. |
|
(b) A county or municipality may test an inmate confined in |
|
the county or municipal jail or in a contract facility authorized by |
|
Subchapter F, Chapter 351, or Subchapter E of this chapter [Article
|
|
5115d, Revised Statutes, or Article 5115e, Revised Statutes,] to |
|
determine the proper medical treatment of the inmate or the proper |
|
social management of the inmate or other inmates in the jail or |
|
facility. |
|
(c) If the county or municipality determines that an inmate |
|
has a positive test result for AIDS or HIV, the county or |
|
municipality may segregate the inmate from other inmates in the |
|
jail or facility. |
|
(d) This section [article] does not provide a duty to test |
|
for AIDS or HIV, and a cause of action does not arise under this |
|
section [article] from a failure to test for AIDS or HIV. |
|
SECTION 4.015. Article 62.053(a), Code of Criminal |
|
Procedure, as amended by Chapters 329 (H.B. 355) and 924 (S.B. |
|
1553), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(a) Before a person who will be subject to registration |
|
under this chapter is due to be released from a penal institution, |
|
the Texas Department of Criminal Justice or the Texas Juvenile |
|
Justice Department shall determine the person's level of risk to |
|
the community using the sex offender screening tool developed or |
|
selected under Article 62.007 and assign to the person a numeric |
|
risk level of one, two, or three. Before releasing the person, an |
|
official of the penal institution shall: |
|
(1) inform the person that: |
|
(A) not later than the later of the seventh day |
|
after the date on which the person is released or after the date on |
|
which the person moves from a previous residence to a new residence |
|
in this state or not later than the first date the applicable local |
|
law enforcement authority by policy allows the person to register |
|
or verify registration, the person must register or verify |
|
registration with the local law enforcement authority in the |
|
municipality or county in which the person intends to reside; |
|
(B) not later than the seventh day after the date |
|
on which the person is released or the date on which the person |
|
moves from a previous residence to a new residence in this state, |
|
the person must, if the person has not moved to an intended |
|
residence, report to the applicable entity or entities as required |
|
by Article 62.051(h) or (j) or 62.055(e); |
|
(C) not later than the seventh day before the |
|
date on which the person moves to a new residence in this state or |
|
another state, the person must report in person to the local law |
|
enforcement authority designated as the person's primary |
|
registration authority by the department and to the juvenile |
|
probation officer, community supervision and corrections |
|
department officer, or parole officer supervising the person; |
|
(D) not later than the 10th day after the date on |
|
which the person arrives in another state in which the person |
|
intends to reside, the person must register with the law |
|
enforcement agency that is identified by the department as the |
|
agency designated by that state to receive registration |
|
information, if the other state has a registration requirement for |
|
sex offenders; |
|
(E) not later than the 30th day after the date on |
|
which the person is released, the person must apply to the |
|
department in person for the issuance of an original or renewal |
|
driver's license or personal identification certificate and a |
|
failure to apply to the department as required by this paragraph |
|
results in the automatic revocation of any driver's license or |
|
personal identification certificate issued by the department to the |
|
person; |
|
(F) the person must notify appropriate entities |
|
of any change in status as described by Article 62.057; |
|
(G) certain types of employment are prohibited |
|
under Article 62.063 for a person with a reportable conviction or |
|
adjudication for a sexually violent offense involving a victim |
|
younger than 14 years of age and occurring on or after September 1, |
|
2013; [and] |
|
(H) certain locations of residence are |
|
prohibited under Article 62.064 for a person with a reportable |
|
conviction or adjudication for an offense occurring on or after |
|
September 1, 2017, except as otherwise provided by that article; |
|
and |
|
(I) [(H)] if the person enters the premises of a |
|
school as described by Article 62.065 [62.064] and is subject to the |
|
requirements of that article, the person must immediately notify |
|
the administrative office of the school of the person's presence |
|
and the person's registration status under this chapter; |
|
(2) require the person to sign a written statement |
|
that the person was informed of the person's duties as described by |
|
Subdivision (1) or Subsection (g) or, if the person refuses to sign |
|
the statement, certify that the person was so informed; |
|
(3) obtain the address or, if applicable, a detailed |
|
description of each geographical location where the person expects |
|
to reside on the person's release and other registration |
|
information, including a photograph and complete set of |
|
fingerprints; and |
|
(4) complete the registration form for the person. |
|
SECTION 4.016. Subsection (g), Article 62.058, Code of |
|
Criminal Procedure, as added by Chapter 924 (S.B. 1553), Acts of the |
|
85th Legislature, Regular Session, 2017, is redesignated as |
|
Subsection (h), Article 62.058, Code of Criminal Procedure, and |
|
amended to correct a reference to read as follows: |
|
(h) [(g)] A local law enforcement authority who provides a |
|
person with a registration form for verification as required by |
|
this chapter shall include with the form a statement and, if |
|
applicable, a description of the person's duty to provide notice |
|
under Article 62.065 [62.064]. |
|
SECTION 4.017. Article 62.064, Code of Criminal Procedure, |
|
as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Article 62.065, Code of |
|
Criminal Procedure. |
|
ARTICLE 5. CHANGES RELATING TO EDUCATION CODE |
|
SECTION 5.001. Section 12.104(b), Education Code, as |
|
amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. |
|
1153), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
|
offense; and |
|
(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
|
title, relating to: |
|
(A) the Public Education Information Management |
|
System (PEIMS) to the extent necessary to monitor compliance with |
|
this subchapter as determined by the commissioner; |
|
(B) criminal history records under Subchapter C, |
|
Chapter 22; |
|
(C) reading instruments and accelerated reading |
|
instruction programs under Section 28.006; |
|
(D) accelerated instruction under Section |
|
28.0211; |
|
(E) high school graduation requirements under |
|
Section 28.025; |
|
(F) special education programs under Subchapter |
|
A, Chapter 29; |
|
(G) bilingual education under Subchapter B, |
|
Chapter 29; |
|
(H) prekindergarten programs under Subchapter E |
|
or E-1, Chapter 29; |
|
(I) extracurricular activities under Section |
|
33.081; |
|
(J) discipline management practices or behavior |
|
management techniques under Section 37.0021; |
|
(K) health and safety under Chapter 38; |
|
(L) public school accountability under |
|
Subchapters B, C, D, F, G, and J, Chapter 39, and Chapter 39A; |
|
(M) the requirement under Section 21.006 to |
|
report an educator's misconduct; |
|
(N) intensive programs of instruction under |
|
Section 28.0213; |
|
(O) the right of a school employee to report a |
|
crime, as provided by Section 37.148; [and] |
|
(P) bullying prevention policies and procedures |
|
under Section 37.0832; |
|
(Q) the right of a school under Section 37.0052 |
|
to place a student who has engaged in certain bullying behavior in a |
|
disciplinary alternative education program or to expel the student; |
|
[and] |
|
(R) the right under Section 37.0151 to report to |
|
local law enforcement certain conduct constituting assault or |
|
harassment; and |
|
(S) [(P)] a parent's right to information |
|
regarding the provision of assistance for learning difficulties to |
|
the parent's child as provided by Sections 26.004(b)(11) and |
|
26.0081(c) and (d). |
|
SECTION 5.002. Section 21.0489(d), Education Code, as added |
|
by Chapters 757 (S.B. 1839) and 837 (H.B. 2039), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(d) The criteria for the course of instruction described by |
|
Subsection (c)(1)(A) shall be developed by the board in |
|
consultation with faculty members who provide instruction at |
|
institutions of higher education in educator preparation programs |
|
for an early childhood through grade six certificate. |
|
SECTION 5.003. Section 31.001, Education Code, as amended |
|
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
Sec. 31.001. FREE INSTRUCTIONAL MATERIALS. Instructional |
|
materials selected for use in the public schools shall be furnished |
|
without cost to the students attending those schools. Except as |
|
provided by Section 31.104(d), a school district may not charge a |
|
student for instructional material or technological equipment |
|
purchased by the district with the district's instructional |
|
materials and technology allotment. |
|
SECTION 5.004. Section 31.005, Education Code, as amended |
|
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
Sec. 31.005. FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. |
|
An open-enrollment charter school is entitled to the instructional |
|
materials and technology allotment under this chapter and is |
|
subject to this chapter as if the school were a school district. |
|
SECTION 5.005. (a) Section 31.021, Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
Sec. 31.021. STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY |
|
FUND. (a) The state instructional materials and technology fund |
|
consists of: |
|
(1) an amount set aside by the State Board of Education |
|
from the available school fund, in accordance with Section |
|
43.001(d); and |
|
(2) all amounts lawfully paid into the fund from any |
|
other source. |
|
(c) Money in the state instructional materials and |
|
technology fund shall be used to: |
|
(1) fund the instructional materials and technology |
|
allotment, as provided by Section 31.0211; |
|
(2) purchase special instructional materials for the |
|
education of blind and visually impaired students in public |
|
schools; |
|
(3) pay the expenses associated with the instructional |
|
materials adoption and review process under this chapter; |
|
(4) pay the expenses associated with the purchase or |
|
licensing of open education resource instructional material; |
|
(5) pay the expenses associated with the purchase of |
|
instructional material, including intrastate freight and shipping |
|
and the insurance expenses associated with intrastate freight and |
|
shipping; |
|
(6) fund the technology lending grant program |
|
established under Section 32.301; |
|
(7) provide funding to the Texas School for the Blind |
|
and Visually Impaired, the Texas School for the Deaf, and the Texas |
|
Juvenile Justice Department; and |
|
(8) pay the expenses associated with the instructional |
|
materials web portal developed under Section 31.081. |
|
(d) Money transferred to the state instructional materials |
|
and technology fund remains in the fund until spent and does not |
|
lapse to the state at the end of the fiscal year. |
|
(b) Section 32.302(a), Education Code, as added by Chapter |
|
705 (H.B. 3526), Acts of the 85th Legislature, Regular Session, |
|
2017, is amended to conform to Section 4, Chapter 581 (S.B. 810), |
|
Acts of the 85th Legislature, Regular Session, 2017, to read as |
|
follows: |
|
(a) The commissioner may use not more than $25 million from |
|
the state [technology and] instructional materials and technology |
|
fund under Section 31.021 each state fiscal biennium or a different |
|
amount determined by appropriation to administer a grant program |
|
established under this subchapter. |
|
SECTION 5.006. The heading to Section 31.0211, Education |
|
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), |
|
Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
|
to read as follows: |
|
Sec. 31.0211. INSTRUCTIONAL MATERIALS AND TECHNOLOGY |
|
ALLOTMENT. |
|
SECTION 5.007. Sections 31.0211(a) and (b), Education Code, |
|
as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of |
|
the 85th Legislature, Regular Session, 2017, are reenacted to read |
|
as follows: |
|
(a) A school district is entitled to an allotment each |
|
biennium from the state instructional materials and technology fund |
|
for each student enrolled in the district on a date during the last |
|
year of the preceding biennium specified by the commissioner. The |
|
commissioner shall determine the amount of the allotment per |
|
student each biennium on the basis of the amount of money available |
|
in the state instructional materials and technology fund to fund |
|
the allotment. An allotment under this section shall be |
|
transferred from the state instructional materials and technology |
|
fund to the credit of the district's instructional materials and |
|
technology account as provided by Section 31.0212. |
|
(b) A juvenile justice alternative education program under |
|
Section 37.011 is entitled to an allotment from the state |
|
instructional materials and technology fund in an amount determined |
|
by the commissioner. The program shall use the allotment to |
|
purchase items listed in Subsection (c) for students enrolled in |
|
the program. The commissioner's determination under this |
|
subsection is final and may not be appealed. |
|
SECTION 5.008. The heading to Section 31.0212, Education |
|
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), |
|
Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
|
to read as follows: |
|
Sec. 31.0212. INSTRUCTIONAL MATERIALS AND TECHNOLOGY |
|
ACCOUNT. |
|
SECTION 5.009. Sections 31.0212(a), (b), (d), and (e), |
|
Education Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. |
|
3526), Acts of the 85th Legislature, Regular Session, 2017, are |
|
reenacted to read as follows: |
|
(a) The commissioner shall maintain an instructional |
|
materials and technology account for each school district. In the |
|
first year of each biennium, the commissioner shall deposit in the |
|
account for each district the amount of the district's |
|
instructional materials and technology allotment under Section |
|
31.0211. |
|
(b) The commissioner shall pay the cost of instructional |
|
materials requisitioned by a school district under Section 31.103 |
|
using funds from the district's instructional materials and |
|
technology account. |
|
(d) Money deposited in a school district's instructional |
|
materials and technology account during each state fiscal biennium |
|
remains in the account and available for use by the district for the |
|
entire biennium. At the end of each biennium, a district with |
|
unused money in the district's account may carry forward any |
|
remaining balance to the next biennium. |
|
(e) The commissioner shall adopt rules as necessary to |
|
implement this section. The rules must include a requirement that a |
|
school district provide the title and publication information for |
|
any instructional materials requisitioned or purchased by the |
|
district with the district's instructional materials and |
|
technology allotment. |
|
SECTION 5.010. Section 31.0213, Education Code, as amended |
|
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
Sec. 31.0213. CERTIFICATION OF USE OF INSTRUCTIONAL |
|
MATERIALS AND TECHNOLOGY ALLOTMENT. Each school district shall |
|
annually certify to the commissioner that the district's |
|
instructional materials and technology allotment has been used only |
|
for expenses allowed by Section 31.0211. |
|
SECTION 5.011. Section 31.0214(a), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) Each year the commissioner shall adjust the |
|
instructional materials and technology allotment of school |
|
districts experiencing high enrollment growth. The commissioner |
|
shall establish a procedure for determining high enrollment growth |
|
districts eligible to receive an adjustment under this section and |
|
the amount of the instructional materials and technology allotment |
|
those districts will receive. |
|
SECTION 5.012. The heading to Section 31.0215, Education |
|
Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), |
|
Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
|
to read as follows: |
|
Sec. 31.0215. INSTRUCTIONAL MATERIALS AND TECHNOLOGY |
|
ALLOTMENT PURCHASES. |
|
SECTION 5.013. Sections 31.0215(b) and (c), Education Code, |
|
as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of |
|
the 85th Legislature, Regular Session, 2017, are reenacted to read |
|
as follows: |
|
(b) The commissioner may allow a school district or |
|
open-enrollment charter school to place an order for instructional |
|
materials before the beginning of a fiscal biennium and to receive |
|
instructional materials before payment. The commissioner shall |
|
limit the cost of an order placed under this section to 80 percent |
|
of the estimated amount to which a school district or |
|
open-enrollment charter school is estimated to be entitled as |
|
provided by Subsection (a) and shall first credit any balance in a |
|
district or charter school instructional materials and technology |
|
account to pay for an order placed under this section. |
|
(c) The commissioner shall make payments for orders placed |
|
under this section as funds become available to the instructional |
|
materials and technology fund and shall prioritize payment of |
|
orders placed under this section over reimbursement of purchases |
|
made directly by a school district or open-enrollment charter |
|
school. |
|
SECTION 5.014. Section 31.0231(b), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(b) A school district may select material on the list |
|
adopted under Subsection (a) to be funded by the district's |
|
instructional materials and technology allotment under Section |
|
31.0211. |
|
SECTION 5.015. Section 31.029(a), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) A school district shall purchase with the district's |
|
instructional materials and technology allotment or otherwise |
|
acquire instructional materials for use in bilingual education |
|
classes. |
|
SECTION 5.016. Section 31.031(a), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) A school district may purchase with the district's |
|
instructional materials and technology allotment or otherwise |
|
acquire instructional materials for use in college preparatory |
|
courses under Section 28.014. |
|
SECTION 5.017. Section 31.071(e), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(e) The costs of administering this subchapter and |
|
purchasing state-developed open education resource instructional |
|
materials shall be paid from the state instructional materials and |
|
technology fund, as determined by the commissioner. |
|
SECTION 5.018. Section 31.081(e), Education Code, as added |
|
by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(e) The commissioner shall use money in the state |
|
instructional materials and technology fund to pay any expenses |
|
associated with the web portal. |
|
SECTION 5.019. Section 31.083, Education Code, as added by |
|
Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 31.002(1-a), |
|
Education Code, as amended by Chapters 581 (S.B. 810) and 942 (S.B. |
|
1784), Acts of the 85th Legislature, Regular Session, 2017, and |
|
Section 31.083, Education Code, as added by Chapter 581 (S.B. 810), |
|
Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 5.020. Section 31.101(f), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(f) The commissioner shall maintain an online requisition |
|
system for school districts to requisition instructional materials |
|
to be purchased with the district's instructional materials and |
|
technology allotment. |
|
SECTION 5.021. Section 31.151(d), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(d) A penalty collected under this section shall be |
|
deposited to the credit of the state instructional materials and |
|
technology fund. |
|
SECTION 5.022. Section 39.053(c), Education Code, as |
|
amended by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. |
|
3593), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(c) School districts and campuses must be evaluated based on |
|
three domains of indicators of achievement adopted under this |
|
section that include: |
|
(1) in the student achievement domain, indicators of |
|
student achievement that must include: |
|
(A) for evaluating the performance of districts |
|
and campuses generally: |
|
(i) an indicator that accounts for the |
|
results of assessment instruments required under Sections |
|
39.023(a), (c), and (l), as applicable for the district and campus, |
|
including the results of assessment instruments required for |
|
graduation retaken by a student, aggregated across grade levels by |
|
subject area, including: |
|
(a) for the performance standard |
|
determined by the commissioner under Section 39.0241(a), the |
|
percentage of students who performed satisfactorily on the |
|
assessment instruments, aggregated across grade levels by subject |
|
area; and |
|
(b) for the college readiness |
|
performance standard as determined under Section 39.0241, the |
|
percentage of students who performed satisfactorily on the |
|
assessment instruments, aggregated across grade levels by subject |
|
area; and |
|
(ii) an indicator that accounts for the |
|
results of assessment instruments required under Section |
|
39.023(b), as applicable for the district and campus, including the |
|
percentage of students who performed satisfactorily on the |
|
assessment instruments, as determined by the performance standard |
|
adopted by the agency, aggregated across grade levels by subject |
|
area; and |
|
(B) for evaluating the performance of high school |
|
campuses and districts that include high school campuses, |
|
indicators that account for: |
|
(i) students who satisfy the Texas Success |
|
Initiative (TSI) college readiness benchmarks prescribed by the |
|
Texas Higher Education Coordinating Board under Section 51.334 on |
|
an assessment instrument in reading or mathematics designated by |
|
the coordinating board under that section; |
|
(ii) students who satisfy relevant |
|
performance standards on advanced placement tests or similar |
|
assessments; |
|
(iii) students who earn dual course credits |
|
in the dual credit courses; |
|
(iv) students who enlist in the armed |
|
forces of the United States; |
|
(v) students who earn industry |
|
certifications; |
|
(vi) students admitted into postsecondary |
|
industry certification programs that require as a prerequisite for |
|
entrance successful performance at the secondary level; |
|
(vii) students whose successful completion |
|
of a course or courses under Section 28.014 indicates the student's |
|
preparation to enroll and succeed, without remediation, in an |
|
entry-level general education course for a baccalaureate degree or |
|
associate degree; |
|
(viii) students who successfully met |
|
standards on a composite of indicators that through research |
|
indicates the student's preparation to enroll and succeed, without |
|
remediation, in an entry-level general education course for a |
|
baccalaureate degree or associate degree; |
|
(ix) high school graduation rates, computed |
|
in accordance with standards and definitions adopted in compliance |
|
with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) |
|
subject to the exclusions provided by Subsections (g), (g-1), |
|
(g-2), and (g-3); |
|
(x) students who successfully completed an |
|
OnRamps dual enrollment course; [and] |
|
(xi) [the percentage of] students who |
|
successfully completed a practicum or internship approved by the |
|
State Board of Education; and |
|
(xii) students who are awarded an associate |
|
[associate's] degree; |
|
(2) in the school progress domain, indicators for |
|
effectiveness in promoting student learning, which must include: |
|
(A) for assessment instruments, including |
|
assessment instruments under Subdivisions (1)(A)(i) and (ii), the |
|
percentage of students who met the standard for improvement, as |
|
determined by the commissioner; and |
|
(B) for evaluating relative performance, the |
|
performance of districts and campuses compared to similar districts |
|
or campuses; and |
|
(3) in the closing the gaps domain, the use of |
|
disaggregated data to demonstrate the differentials among students |
|
from different racial and ethnic groups, socioeconomic |
|
backgrounds, and other factors, including: |
|
(A) students formerly receiving special |
|
education services; |
|
(B) students continuously enrolled; and |
|
(C) students who are mobile. |
|
SECTION 5.023. Section 39.053(g-2), Education Code, as |
|
amended by Chapters 807 (H.B. 22) and 890 (H.B. 3075), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(g-2) In computing completion rates such as high school |
|
graduation rates under Subsection (c)(1)(B)(ix), the commissioner |
|
shall exclude students who: |
|
(1) are at least 18 years of age as of September 1 of |
|
the school year as reported for the fall semester Public Education |
|
Information Management System (PEIMS) submission and have |
|
satisfied the credit requirements for high school graduation; |
|
(2) have not completed their individualized education |
|
program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals |
|
with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); |
|
and |
|
(3) are enrolled and receiving individualized |
|
education program services. |
|
SECTION 5.024. Section 39.101, Education Code, as added by |
|
Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular |
|
Session, 2017, is transferred to Subchapter B, Chapter 39A, |
|
Education Code, redesignated as Section 39A.0545, Education Code, |
|
and amended to conform to the repeal of Subchapter E, Chapter 39, |
|
Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the |
|
85th Legislature, Regular Session, 2017, to read as follows: |
|
Sec. 39A.0545 [39.101]. NEEDS IMPROVEMENT RATING. (a) |
|
Notwithstanding any other law, if a school district or campus is |
|
assigned an overall or domain performance rating of D: |
|
(1) the commissioner shall order the district or |
|
campus to develop and implement a targeted improvement plan |
|
approved by the board of trustees of the district; and |
|
(2) the interventions and sanctions provided by this |
|
chapter [subchapter] based on failure to satisfy performance |
|
standards under Section 39.054(e) apply to the district or campus |
|
only as provided by this section. |
|
(b) The interventions and sanctions provided by this |
|
chapter [subchapter] based on failure to satisfy performance |
|
standards under Section 39.054(e) apply to a district or campus |
|
ordered to develop and implement a targeted improvement plan under |
|
Subsection (a) only if the district or campus is assigned: |
|
(1) an overall or domain performance rating of F; or |
|
(2) an overall performance rating of D as provided by |
|
Subsection (c). |
|
(c) If a school district or campus is assigned an overall |
|
performance rating of D for a school year after the district or |
|
campus is ordered to develop and implement a targeted improvement |
|
plan under Subsection (a), the commissioner shall implement |
|
interventions and sanctions that apply to an unacceptable campus |
|
and those interventions and sanctions shall continue for each |
|
consecutive school year thereafter in which the campus is assigned |
|
an overall performance rating of D. |
|
(d) The commissioner shall adopt rules as necessary to |
|
implement this section. |
|
SECTION 5.025. (a) Section 39A.002, Education Code, is |
|
amended to conform to Section 1, Chapter 823 (H.B. 1553), Acts of |
|
the 85th Legislature, Regular Session, 2017, to read as follows: |
|
Sec. 39A.002. AUTHORIZED COMMISSIONER ACTIONS. If a school |
|
district is subject to commissioner action under Section 39A.001, |
|
the commissioner may: |
|
(1) issue public notice of the deficiency to the board |
|
of trustees of the district; |
|
(2) order a hearing to be conducted by the board of |
|
trustees of the district to notify the public of: |
|
(A) the insufficient performance; |
|
(B) the improvements in performance expected by |
|
the agency; and |
|
(C) the interventions and sanctions that may be |
|
imposed under this subchapter if the performance does not improve; |
|
(3) order the preparation of a student achievement |
|
improvement plan that addresses each academic achievement |
|
indicator under Section 39.053(c) for which the district's |
|
performance is insufficient, the submission of the plan to the |
|
commissioner for approval, and the implementation of the plan; |
|
(4) order a hearing to be held before the commissioner |
|
or the commissioner's designee at which the president of the board |
|
of trustees of the district and the district's superintendent shall |
|
appear and explain the district's low performance, lack of |
|
improvement, and plans for improvement; |
|
(5) arrange a monitoring review of the district; |
|
(6) appoint an agency monitor to participate in and |
|
report to the agency on the activities of the board of trustees of |
|
the district or superintendent; |
|
(7) appoint a conservator to oversee the operations of |
|
the district; [or] |
|
(8) appoint a management team to direct the operations |
|
of the district in areas of insufficient performance or require the |
|
district to obtain certain services under a contract with another |
|
person; or |
|
(9) authorize the district to enter into a memorandum |
|
of understanding with an institution of higher education that |
|
provides for the assistance of the institution of higher education |
|
in improving the district's performance. |
|
(b) Chapter 823 (H.B. 1553), Acts of the 85th Legislature, |
|
Regular Session, 2017, which amended Sections 39.102(a) and |
|
39.111(c), Education Code, is repealed. |
|
SECTION 5.026. (a) Section 39A.060, Education Code, is |
|
amended to conform to Section 1, Chapter 472 (H.B. 2263), Acts of |
|
the 85th Legislature, Regular Session, 2017, to read as follows: |
|
Sec. 39A.060. CAMPUS INTERVENTION TEAM CONTINUING |
|
DUTIES. For each year a campus is assigned an unacceptable |
|
performance rating, the campus intervention team shall: |
|
(1) [continue to work with the campus until:
|
|
[(A)
the campus satisfies all performance
|
|
standards under Section 39.054(e) for a two-year period; or
|
|
[(B)
the campus satisfies all performance
|
|
standards under Section 39.054(e) for a one-year period and the
|
|
commissioner determines that the campus is operating and will
|
|
continue to operate in a manner that improves student achievement;
|
|
[(2)] assist in updating the targeted improvement plan |
|
to identify and analyze areas of growth and areas that require |
|
improvement; and |
|
(2) [(3)] submit each updated targeted improvement |
|
plan described by Subdivision (1) [(2)] to the board of trustees of |
|
the school district. |
|
(b) Section 39A.107, Education Code, is amended to conform |
|
to Section 2, Chapter 472 (H.B. 2263), Acts of the 85th Legislature, |
|
Regular Session, 2017, by adding Subsections (a-1) and (a-2) to |
|
read as follows: |
|
(a-1) Not later than June 15 of each year, the commissioner |
|
shall, in writing, either approve or reject any campus turnaround |
|
plan prepared and submitted to the commissioner by a district. If |
|
the commissioner rejects a campus turnaround plan, the commissioner |
|
must also send the district an outline of the specific concerns |
|
regarding the turnaround plan that resulted in the rejection. |
|
(a-2) If the commissioner rejects a campus turnaround plan, |
|
the district must create a modified plan with assistance from |
|
agency staff and submit the modified plan to the commissioner for |
|
approval not later than the 60th day after the date the commissioner |
|
rejects the campus turnaround plan. The commissioner shall notify |
|
the district in writing of the commissioner's decision regarding |
|
the modified plan not later than the 15th day after the date the |
|
commissioner receives the modified plan. |
|
(c) Chapter 472 (H.B. 2263), Acts of the 85th Legislature, |
|
Regular Session, 2017, which amended Sections 39.106(e) and 39.107, |
|
Education Code, is repealed. |
|
SECTION 5.027. Section 41.124(c), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(c) A school district that receives tuition for a student |
|
from a school district with a wealth per student that exceeds the |
|
equalized wealth level may not claim attendance for that student |
|
for purposes of Chapters 42 and 46 and the instructional materials |
|
and technology allotment under Section 31.0211. |
|
SECTION 5.028. Section 43.001(d), Education Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(d) Each biennium the State Board of Education shall set |
|
aside an amount equal to 50 percent of the distribution for that |
|
biennium from the permanent school fund to the available school |
|
fund as provided by Section 5(a), Article VII, Texas Constitution, |
|
to be placed, subject to the General Appropriations Act, in the |
|
state instructional materials and technology fund established |
|
under Section 31.021. |
|
SECTION 5.029. Section 61.0664(f), Education Code, is |
|
amended to conform to Section 1.11, Chapter 842 (H.B. 2223), Acts of |
|
the 85th Legislature, Regular Session, 2017, to read as follows: |
|
(f) The board, in consultation with public junior college |
|
districts, shall identify five junior college districts |
|
representative of each of the public junior college district peer |
|
groups as identified by the board, with two selected from the peer |
|
groups of the largest junior college district, and the geographic |
|
diversity of this state for the purpose of implementing a pilot |
|
program to develop and recommend minimum reporting language for |
|
financial and instructional cost information, including |
|
information relating to instruction of persons with intellectual |
|
and developmental disabilities. In consultation with the |
|
Legislative Budget Board, the junior college districts |
|
participating in the program shall study best practices for the |
|
reporting of revenue and costs allocated across the districts and |
|
the practicability of disaggregating financial and instructional |
|
cost information by instructional site within a junior college |
|
district. Participants in the study shall consider the following |
|
data: |
|
(1) the number of contact hours, including those |
|
generated from distance learning; |
|
(2) student attainment of completion milestones as |
|
measured by a performance funding formula established by the |
|
coordinating board under Section 51.340(b) [51.3062(m)]; |
|
(3) the total amount of state appropriations, tax |
|
revenue, in-district and out-of-district tuition and fee revenue, |
|
or any other revenue received by the junior college districts and |
|
the rates or methods by which those revenues are collected; |
|
(4) the amount of money expended by the junior college |
|
districts for programs related to the participation, retention, and |
|
graduation of persons with intellectual and developmental |
|
disabilities; |
|
(5) a statement of the total amount of money expended |
|
by the junior college districts; |
|
(6) the number of full-time and adjunct faculty; and |
|
(7) any other relevant data or reporting |
|
methodologies. |
|
SECTION 5.030. Section 61.607(b), Education Code, as |
|
amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of |
|
the 85th Legislature, Regular Session, 2017, is reenacted to read |
|
as follows: |
|
(b) The total amount of repayment assistance received by a |
|
mental health professional under this subchapter may not exceed: |
|
(1) $160,000, for assistance from the state received |
|
by a licensed physician; |
|
(2) $80,000, for assistance from the state received |
|
by: |
|
(A) a psychologist; |
|
(B) a licensed clinical social worker, if the |
|
social worker has received a doctoral degree related to social |
|
work; |
|
(C) a licensed professional counselor, if the |
|
counselor has received a doctoral degree related to counseling; or |
|
(D) a licensed marriage and family therapist, if |
|
the marriage and family therapist has received a doctoral degree |
|
related to marriage and family therapy; |
|
(3) $60,000, for assistance from the state received by |
|
an advanced practice registered nurse; |
|
(4) $40,000, for assistance from the state received by |
|
a licensed clinical social worker, a licensed marriage and family |
|
therapist, or a licensed professional counselor who is not |
|
described by Subdivision (2); and |
|
(5) $10,000, for assistance from the state received by |
|
a licensed chemical dependency counselor, if the chemical |
|
dependency counselor has received an associate degree related to |
|
chemical dependency counseling or behavioral science. |
|
ARTICLE 6. CHANGES RELATING TO ESTATES CODE |
|
SECTION 6.001. Section 752.113(c), Estates Code, is amended |
|
to correct a typographical error to read as follows: |
|
(c) Unless the principal has granted the authority to create |
|
or change a beneficiary designation expressly as required by |
|
Section 751.031(b)(4), an agent may be named a beneficiary under a |
|
retirement plan only to the extent the agent was [a] named a |
|
beneficiary by the principal under the retirement plan, or in the |
|
case of a rollover or trustee-to-trustee transfer, the predecessor |
|
retirement plan. |
|
ARTICLE 7. CHANGES RELATING TO FAMILY CODE |
|
SECTION 7.001. Section 58.003(c-3), Family Code, as amended |
|
by Chapters 324 (S.B. 1488) and 685 (H.B. 29), Acts of the 85th |
|
Legislature, Regular Session, 2017, is repealed to conform to the |
|
repeal of Section 58.003, Family Code, by Chapter 746 (S.B. 1304), |
|
Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 7.002. Section 58.252, Family Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 58.252. EXEMPTED RECORDS. The following records are |
|
exempt from this subchapter: |
|
(1) records relating to a criminal combination or |
|
criminal street gang maintained by the Department of Public Safety |
|
or a local law enforcement agency under Chapter 67 [61], Code of |
|
Criminal Procedure; |
|
(2) sex offender registration records maintained by |
|
the Department of Public Safety or a local law enforcement agency |
|
under Chapter 62, Code of Criminal Procedure; and |
|
(3) records collected or maintained by the Texas |
|
Juvenile Justice Department for statistical and research purposes, |
|
including data submitted under Section 221.007, Human Resources |
|
Code, and personally identifiable information. |
|
SECTION 7.003. Section 155.201(d), Family Code, as added by |
|
Chapters 317 (H.B. 7) and 572 (S.B. 738), Acts of the 85th |
|
Legislature, Regular Session, 2017, is repealed as duplicative of |
|
Section 155.201(d), Family Code, as added by Chapter 910 (S.B. |
|
999), Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 7.004. (a) Section 262.201(a), Family Code, as |
|
amended by Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) In a suit filed under Section 262.101 or 262.105, unless |
|
the child has already been returned to the parent, managing |
|
conservator, possessory conservator, guardian, caretaker, or |
|
custodian entitled to possession and the temporary order, if any, |
|
has been dissolved, a full adversary hearing shall be held not later |
|
than the 14th day after the date the child was taken into possession |
|
by the governmental entity, unless the court grants an extension |
|
under Subsection (e) or (e-1). |
|
(b) Section 262.201(e-1), Family Code, as added by Chapter |
|
910 (S.B. 999), Acts of the 85th Legislature, Regular Session, |
|
2017, is amended to conform to Section 262.201(a-5), Family Code, |
|
as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature, |
|
Regular Session, 2017, to read as follows: |
|
(e-1) If a parent who is not indigent appears in opposition |
|
to the suit, the court may, for good cause shown, postpone the full |
|
adversary hearing for not more than seven days from the date of the |
|
parent's appearance to allow the parent to hire an attorney or to |
|
provide the parent's attorney time to respond to the petition and |
|
prepare for the hearing. A postponement under this subsection is |
|
subject to the limits and requirements prescribed by Subsection (e) |
|
and Section 155.207. |
|
(c) Section 262.201(a-5), Family Code, as added by Chapter |
|
317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017, |
|
is repealed as duplicative of Section 262.201(e-1), Family Code, as |
|
added by Chapter 910 (S.B. 999), Acts of the 85th Legislature, |
|
Regular Session, 2017. |
|
SECTION 7.005. Section 264.018(d-1), Family Code, as added |
|
by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 264.018(d-1), |
|
Family Code, as added by Chapter 319 (S.B. 11), Acts of the 85th |
|
Legislature, Regular Session, 2017. |
|
SECTION 7.006. (a) Subchapter B-1, Chapter 264, Family |
|
Code, as added by Chapter 319 (S.B. 11), Acts of the 85th |
|
Legislature, Regular Session, 2017, is amended to conform to |
|
Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular |
|
Session, 2017, by adding Section 264.170, Family Code, to read as |
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follows: |
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Sec. 264.170. LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM |
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CONTRACTOR AND RELATED PERSONNEL. (a) A nonprofit entity that |
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contracts with the department to provide services as a single |
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source continuum contractor under this subchapter is considered to |
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be a charitable organization for the purposes of Chapter 84, Civil |
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Practice and Remedies Code, with respect to the provision of those |
|
services, and that chapter applies to the entity and any person who |
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is an employee or volunteer of the entity. |
|
(b) The limitations on liability provided by this section |
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apply: |
|
(1) only to an act or omission by the entity or person, |
|
as applicable, that occurs while the entity or person is acting |
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within the course and scope of the entity's contract with the |
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department and the person's duties for the entity; and |
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(2) only if insurance coverage in the minimum amounts |
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required by Chapter 84, Civil Practice and Remedies Code, is in |
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force and effect at the time a cause of action for personal injury, |
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death, or property damage accrues. |
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(b) Subchapter B-1, Chapter 264, Family Code, as added by |
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Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed. |
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SECTION 7.007. Section 265.005(b), Family Code, as amended |
|
by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted and amended to |
|
read as follows: |
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(b) A strategic plan required under this section must: |
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(1) identify methods to leverage other sources of |
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funding or provide support for existing community-based prevention |
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efforts; |
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(2) include a needs assessment that identifies |
|
programs to best target the needs of the highest risk populations |
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and geographic areas; |
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(3) identify the goals and priorities for the |
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department's overall prevention efforts; |
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(4) report the results of previous prevention efforts |
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using available information in the plan; |
|
(5) identify additional methods of measuring program |
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effectiveness and results or outcomes; |
|
(6) identify methods to collaborate with other state |
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agencies on prevention efforts; |
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(7) identify specific strategies to implement the plan |
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and to develop measures for reporting on the overall progress |
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toward the plan's goals; [and] |
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(8) identify strategies and goals for increasing the |
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number of families receiving prevention and early intervention |
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services each year, subject to the availability of funds, to reach |
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targets set by the department for providing services to families |
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that are eligible to receive services through parental education, |
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family support, and community-based programs financed with |
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federal, state, local, or private resources; and |
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(9) [(8)] identify specific strategies to increase |
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local capacity for the delivery of prevention and early |
|
intervention services through collaboration with communities and |
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stakeholders. |
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ARTICLE 8. CHANGES RELATING TO GOVERNMENT CODE |
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PART A. GENERAL CHANGES |
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SECTION 8.001. Section 54.658(d), Government Code, is |
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amended to correct a reference to read as follows: |
|
(d) A magistrate does not have authority under Article |
|
18.01(c), Code of Criminal Procedure, to issue a subsequent search |
|
warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal |
|
Procedure. |
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SECTION 8.002. Sections 54.906(a) and (c), Government Code, |
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are amended to correct references to read as follows: |
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(a) A judge may refer to a magistrate any criminal case for |
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proceedings involving: |
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(1) a bond forfeiture; |
|
(2) a pretrial motion; |
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(3) a postconviction writ of habeas corpus; |
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(4) an examining trial; |
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(5) the issuance of search warrants, including a |
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search warrant under Article 18.02(a)(10) [18.02(10)], Code of |
|
Criminal Procedure, notwithstanding Article 18.01(c), Code of |
|
Criminal Procedure; |
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(6) the setting of bonds; |
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(7) the arraignment of defendants; and |
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(8) any other matter the judge considers necessary and |
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proper, including a plea of guilty or nolo contendere from a |
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defendant charged with: |
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(A) a felony offense; |
|
(B) a misdemeanor offense when charged with both |
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a misdemeanor offense and a felony offense; or |
|
(C) a misdemeanor offense. |
|
(c) Subsection (a)(5) does not apply to the issuance of a |
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subsequent search warrant under Article 18.02(a)(10) [18.02(10)], |
|
Code of Criminal Procedure. |
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SECTION 8.003. Section 54.908, Government Code, is amended |
|
to correct references to read as follows: |
|
Sec. 54.908. POWERS. (a) Except as limited by an order of |
|
referral, a magistrate to whom a case is referred may: |
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(1) conduct hearings; |
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(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on admissibility of evidence; |
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(5) issue summons for the appearance of witnesses; |
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(6) examine witnesses; |
|
(7) swear witnesses for hearings; |
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(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
|
(10) rule on a pretrial motion; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing; |
|
(13) accept a plea of guilty or nolo contendere from a |
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defendant charged with: |
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(A) a felony offense; |
|
(B) a misdemeanor offense when charged with both |
|
a misdemeanor offense and a felony offense; or |
|
(C) a misdemeanor offense; |
|
(14) notwithstanding Article 18.01(c), Code of |
|
Criminal Procedure, issue a search warrant under Article |
|
18.02(a)(10) [18.02(10)], Code of Criminal Procedure; and |
|
(15) do any act and take any measure necessary and |
|
proper for the efficient performance of the duties required by the |
|
order of referral. |
|
(b) A magistrate does not have authority under Subsection |
|
(a)(14) to issue a subsequent search warrant under Article |
|
18.02(a)(10) [18.02(10)], Code of Criminal Procedure. |
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SECTION 8.004. Sections 54.978(a) and (d), Government Code, |
|
are amended to correct references to read as follows: |
|
(a) Except as limited by an order of referral, a magistrate |
|
to whom a case or matter related to a criminal case is referred may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
|
(6) examine witnesses; |
|
(7) swear witnesses for hearings; |
|
(8) make findings of fact on evidence; |
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(9) formulate conclusions of law; |
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(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
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made in a case; |
|
(12) regulate proceedings in a hearing; |
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(13) in any case referred under Section 54.976(a)(1): |
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(A) accept a negotiated plea of guilty; |
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(B) enter a finding of guilt and impose or |
|
suspend sentence; or |
|
(C) defer adjudication of guilty; |
|
(14) notwithstanding Article 18.01(c), Code of |
|
Criminal Procedure, issue a search warrant under Article |
|
18.02(a)(10) [18.02(10)], Code of Criminal Procedure; |
|
(15) notwithstanding Article 18.01(h), Code of |
|
Criminal Procedure, issue a search warrant under Article |
|
18.02(a)(12) [18.02(12)], Code of Criminal Procedure; and |
|
(16) do any act and take any measure necessary and |
|
proper for the efficient performance of the duties required by the |
|
order of referral. |
|
(d) A magistrate does not have authority under Subsection |
|
(a)(14) to issue a subsequent search warrant under Article |
|
18.02(a)(10) [18.02(10)], Code of Criminal Procedure. |
|
SECTION 8.005. Section 54A.006(a), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(a) A judge may refer to an associate judge any matter |
|
arising out of a criminal case involving: |
|
(1) a negotiated plea of guilty or no contest before |
|
the court; |
|
(2) a bond forfeiture; |
|
(3) a pretrial motion; |
|
(4) a writ of habeas corpus; |
|
(5) an examining trial; |
|
(6) an occupational driver's license; |
|
(7) an appeal of an administrative driver's license |
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revocation hearing; |
|
(8) a civil commitment matter under Subtitle C, Title |
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7, Health and Safety Code; |
|
(9) setting, adjusting, or revoking bond; |
|
(10) the issuance of search warrants, including a |
|
search warrant under Article 18.02(a)(10) [18.02(10)], Code of |
|
Criminal Procedure, notwithstanding Article 18.01(c), Code of |
|
Criminal Procedure; and |
|
(11) any other matter the judge considers necessary |
|
and proper. |
|
SECTION 8.006. Section 54A.008(a), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(a) Except as limited by an order of referral, an associate |
|
judge to whom a case is referred may: |
|
(1) conduct hearings; |
|
(2) hear evidence; |
|
(3) compel production of relevant evidence; |
|
(4) rule on the admissibility of evidence; |
|
(5) issue summons for the appearance of witnesses; |
|
(6) examine a witness; |
|
(7) swear a witness for a hearing; |
|
(8) make findings of fact on evidence; |
|
(9) formulate conclusions of law; |
|
(10) rule on pretrial motions; |
|
(11) recommend the rulings, orders, or judgment to be |
|
made in a case; |
|
(12) regulate proceedings in a hearing; |
|
(13) order the attachment of a witness or party who |
|
fails to obey a subpoena; |
|
(14) accept a plea of guilty from a defendant charged |
|
with misdemeanor, felony, or both misdemeanor and felony offenses; |
|
(15) select a jury; |
|
(16) notwithstanding Article 18.01(c), Code of |
|
Criminal Procedure, issue a search warrant, including a search |
|
warrant under Article 18.02(a)(10) [18.02(10)], Code of Criminal |
|
Procedure; and |
|
(17) take action as necessary and proper for the |
|
efficient performance of the duties required by the order of |
|
referral. |
|
SECTION 8.007. Section 124.001(b), Government Code, as |
|
amended by Chapters 693 (H.B. 322) and 889 (H.B. 3069), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(b) If a defendant who was arrested for or charged with, but |
|
not convicted of or placed on deferred adjudication community |
|
supervision for, an offense successfully completes a veterans |
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treatment court program, after notice to the attorney representing |
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the state and a hearing in the veterans treatment court at which |
|
that court determines that a dismissal is in the best interest of |
|
justice, the veterans treatment court shall provide to the court in |
|
which the criminal case is pending information about the dismissal |
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and shall include all of the information required about the |
|
defendant for a petition for expunction under Section 2(b), Article |
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55.02, Code of Criminal Procedure. The court in which the criminal |
|
case is pending shall dismiss the case against the defendant and: |
|
(1) if that trial court is a district court, the court |
|
may, with the consent of the attorney representing the state, enter |
|
an order of expunction on behalf of the defendant under Section |
|
1a(a-1), Article 55.02, Code of Criminal Procedure; or |
|
(2) if that trial court is not a district court, the |
|
court may, with the consent of the attorney representing the state, |
|
forward the appropriate dismissal and expunction information to |
|
enable a district court with jurisdiction to enter an order of |
|
expunction on behalf of the defendant under Section 1a(a-1), |
|
Article 55.02, Code of Criminal Procedure. |
|
SECTION 8.008. Section 325.025(b), Government Code, as |
|
amended by Chapters 975 (S.B. 2262) and 1046 (H.B. 1920), Acts of |
|
the 85th Legislature, Regular Session, 2017, is reenacted to read |
|
as follows: |
|
(b) This section applies to the: |
|
(1) Angelina and Neches River Authority; |
|
(2) Bandera County River Authority and Groundwater |
|
District; |
|
(3) Brazos River Authority; |
|
(4) Guadalupe-Blanco River Authority; |
|
(5) Lavaca-Navidad River Authority; |
|
(6) Lower Colorado River Authority; |
|
(7) Lower Neches Valley Authority; |
|
(8) Nueces River Authority; |
|
(9) Red River Authority of Texas; |
|
(10) Sabine River Authority of Texas; |
|
(11) San Antonio River Authority; |
|
(12) San Jacinto River Authority; |
|
(13) Sulphur River Basin Authority; |
|
(14) Trinity River Authority of Texas; |
|
(15) Upper Colorado River Authority; and |
|
(16) Upper Guadalupe River Authority. |
|
SECTION 8.009. Section 403.093(d), Government Code, as |
|
amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(d) The comptroller shall transfer from the general revenue |
|
fund to the foundation school fund an amount of money necessary to |
|
fund the foundation school program as provided by Chapter 42, |
|
Education Code. The comptroller shall make the transfers in |
|
installments as necessary to comply with Section 42.259, Education |
|
Code, and permit the Texas Education Agency, to the extent |
|
authorized by the General Appropriations Act, to make temporary |
|
transfers from the foundation school fund for payment of the |
|
instructional materials and technology allotment under Section |
|
31.0211, Education Code. Unless an earlier date is necessary for |
|
purposes of temporary transfers for payment of the instructional |
|
materials and technology allotment, an installment must be made not |
|
earlier than two days before the date an installment to school |
|
districts is required by Section 42.259, Education Code, and must |
|
not exceed the amount necessary for that payment and any temporary |
|
transfers for payment of the instructional materials and technology |
|
allotment. |
|
SECTION 8.010. Section 411.0765(b), Government Code, is |
|
amended to correct a typographical error to read as follows: |
|
(b) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
of criminal history record information under this subchapter to the |
|
following noncriminal justice agencies or entities only: |
|
(1) the State Board for Educator Certification; |
|
(2) a school district, charter school, private school, |
|
regional education service center, commercial transportation |
|
company, or education shared services [service] arrangement; |
|
(3) the Texas Medical Board; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
|
(5) the Board of Law Examiners; |
|
(6) the State Bar of Texas; |
|
(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
|
(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Juvenile Justice Department; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local intellectual and developmental |
|
disability authority, or a community center providing services to |
|
persons with mental illness or intellectual or developmental |
|
disabilities; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Texas Board of Nursing; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district, or a facility as defined by Section 250.001, Health and |
|
Safety Code; |
|
(18) the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, the |
|
consumer credit commissioner, or the credit union commissioner; |
|
(19) the Texas State Board of Public Accountancy; |
|
(20) the Texas Department of Licensing and Regulation; |
|
(21) the Health and Human Services Commission; |
|
(22) the Department of Aging and Disability Services; |
|
(23) the Texas Education Agency; |
|
(24) the Judicial Branch Certification Commission; |
|
(25) a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Title 3, Estates |
|
Code; |
|
(26) the Department of Information Resources but only |
|
regarding an employee, applicant for employment, contractor, |
|
subcontractor, intern, or volunteer who provides network security |
|
services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(27) the Texas Department of Insurance; |
|
(28) the Teacher Retirement System of Texas; |
|
(29) the Texas State Board of Pharmacy; |
|
(30) the Texas Civil Commitment Office; |
|
(31) a bank, savings bank, savings and loan |
|
association, credit union, or mortgage banker, a subsidiary or |
|
affiliate of those entities, or another financial institution |
|
regulated by a state regulatory entity listed in Subdivision (18) |
|
or by a corresponding federal regulatory entity, but only regarding |
|
an employee, contractor, subcontractor, intern, or volunteer of or |
|
an applicant for employment by that bank, savings bank, savings and |
|
loan association, credit union, mortgage banker, subsidiary or |
|
affiliate, or financial institution; and |
|
(32) an employer that has a facility that handles or |
|
has the capability of handling, transporting, storing, processing, |
|
manufacturing, or controlling hazardous, explosive, combustible, |
|
or flammable materials, if: |
|
(A) the facility is critical infrastructure, as |
|
defined by 42 U.S.C. Section 5195c(e), or the employer is required |
|
to submit to a risk management plan under Section 112(r) of the |
|
federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and |
|
(B) the information concerns an employee, |
|
applicant for employment, contractor, or subcontractor whose |
|
duties involve or will involve the handling, transporting, storing, |
|
processing, manufacturing, or controlling hazardous, explosive, |
|
combustible, or flammable materials and whose background is |
|
required to be screened under a federal provision described by |
|
Paragraph (A). |
|
SECTION 8.011. (a) Section 423.0045(a)(1), Government |
|
Code, as amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), |
|
Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
|
to read as follows: |
|
(1) "Correctional facility" means: |
|
(A) a confinement facility operated by or under |
|
contract with any division of the Texas Department of Criminal |
|
Justice; |
|
(B) a municipal or county jail; |
|
(C) a confinement facility operated by or under |
|
contract with the Federal Bureau of Prisons; or |
|
(D) a secure correctional facility or secure |
|
detention facility, as defined by Section 51.02, Family Code. |
|
(b) Section 423.0045(a)(1-a), Government Code, as added by |
|
Chapter 1010 (H.B. 1424), Acts of the 85th Legislature, Regular |
|
Session, 2017, is reenacted to conform to the changes made to |
|
Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B. |
|
1643), Acts of the 85th Legislature, Regular Session, 2017, to read |
|
as follows: |
|
(1-a) "Critical infrastructure facility" means: |
|
(A) one of the following, if completely enclosed |
|
by a fence or other physical barrier that is obviously designed to |
|
exclude intruders, or if clearly marked with a sign or signs that |
|
are posted on the property, are reasonably likely to come to the |
|
attention of intruders, and indicate that entry is forbidden: |
|
(i) a petroleum or alumina refinery; |
|
(ii) an electrical power generating |
|
facility, substation, switching station, or electrical control |
|
center; |
|
(iii) a chemical, polymer, or rubber |
|
manufacturing facility; |
|
(iv) a water intake structure, water |
|
treatment facility, wastewater treatment plant, or pump station; |
|
(v) a natural gas compressor station; |
|
(vi) a liquid natural gas terminal or |
|
storage facility; |
|
(vii) a telecommunications central |
|
switching office or any structure used as part of a system to |
|
provide wired or wireless telecommunications services; |
|
(viii) a port, railroad switching yard, |
|
trucking terminal, or other freight transportation facility; |
|
(ix) a gas processing plant, including a |
|
plant used in the processing, treatment, or fractionation of |
|
natural gas; |
|
(x) a transmission facility used by a |
|
federally licensed radio or television station; |
|
(xi) a steelmaking facility that uses an |
|
electric arc furnace to make steel; |
|
(xii) a dam that is classified as a high |
|
hazard by the Texas Commission on Environmental Quality; or |
|
(xiii) a concentrated animal feeding |
|
operation, as defined by Section 26.048, Water Code; or |
|
(B) if enclosed by a fence or other physical |
|
barrier obviously designed to exclude intruders: |
|
(i) any portion of an aboveground oil, gas, |
|
or chemical pipeline; |
|
(ii) an oil or gas drilling site; |
|
(iii) a group of tanks used to store crude |
|
oil, such as a tank battery; |
|
(iv) an oil, gas, or chemical production |
|
facility; |
|
(v) an oil or gas wellhead; or |
|
(vi) any oil and gas facility that has an |
|
active flare. |
|
SECTION 8.012. Section 423.0045(c), Government Code, as |
|
amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of |
|
the 85th Legislature, Regular Session, 2017, is reenacted to read |
|
as follows: |
|
(c) This section does not apply to: |
|
(1) conduct described by Subsection (b) that involves |
|
a correctional facility, detention facility, or critical |
|
infrastructure facility and is committed by: |
|
(A) the federal government, the state, or a |
|
governmental entity; |
|
(B) a person under contract with or otherwise |
|
acting under the direction or on behalf of the federal government, |
|
the state, or a governmental entity; |
|
(C) a law enforcement agency; |
|
(D) a person under contract with or otherwise |
|
acting under the direction or on behalf of a law enforcement agency; |
|
or |
|
(E) an operator of an unmanned aircraft that is |
|
being used for a commercial purpose, if the operation is conducted |
|
in compliance with: |
|
(i) each applicable Federal Aviation |
|
Administration rule, restriction, or exemption; and |
|
(ii) all required Federal Aviation |
|
Administration authorizations; or |
|
(2) conduct described by Subsection (b) that involves |
|
a critical infrastructure facility and is committed by: |
|
(A) an owner or operator of the critical |
|
infrastructure facility; |
|
(B) a person under contract with or otherwise |
|
acting under the direction or on behalf of an owner or operator of |
|
the critical infrastructure facility; |
|
(C) a person who has the prior written consent of |
|
the owner or operator of the critical infrastructure facility; or |
|
(D) the owner or occupant of the property on |
|
which the critical infrastructure facility is located or a person |
|
who has the prior written consent of the owner or occupant of that |
|
property. |
|
SECTION 8.013. Section 434.212, Government Code, as added |
|
by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 434.214, |
|
Government Code, as added by Chapter 579 (S.B. 805), Acts of the |
|
85th Legislature, Regular Session, 2017. |
|
SECTION 8.014. Section 531.02013, Government Code, as |
|
amended by Chapters 316 (H.B. 5), 319 (S.B. 11), and 1136 (H.B. |
|
249), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
Sec. 531.02013. FUNCTIONS REMAINING WITH CERTAIN AGENCIES. |
|
The following functions are not subject to transfer under Sections |
|
531.0201 and 531.02011: |
|
(1) the functions of the Department of Family and |
|
Protective Services, including the statewide intake of reports and |
|
other information, related to the following: |
|
(A) child protective services, including |
|
services that are required by federal law to be provided by this |
|
state's child welfare agency; |
|
(B) adult protective services, other than |
|
investigations of the alleged abuse, neglect, or exploitation of an |
|
elderly person or person with a disability: |
|
(i) in a facility operated, or in a facility |
|
or by a person licensed, certified, or registered, by a state |
|
agency; or |
|
(ii) by a provider that has contracted to |
|
provide home and community-based services; |
|
(C) prevention and early intervention services; |
|
and |
|
(D) investigations of alleged abuse, neglect, or |
|
exploitation occurring at a child-care facility, including a |
|
residential child-care facility, as those terms are defined by |
|
Section 42.002, Human Resources Code; and |
|
[(D)
investigations of alleged abuse, neglect,
|
|
or exploitation occurring at a child-care facility, as that term is
|
|
defined in Section 40.042, Human Resources Code; and] |
|
(2) the public health functions of the Department of |
|
State Health Services, including health care data collection and |
|
maintenance of the Texas Health Care Information Collection |
|
program. |
|
SECTION 8.015. Section 552.139(d), Government Code, as |
|
added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 552.139(d), |
|
Government Code, as added by Chapter 1042 (H.B. 1861), Acts of the |
|
85th Legislature, Regular Session, 2017. |
|
SECTION 8.016. Section 2054.516, Government Code, as added |
|
by Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted and amended to |
|
read as follows: |
|
Sec. 2054.516. DATA SECURITY PLAN FOR ONLINE AND MOBILE |
|
APPLICATIONS. (a) Each state agency, other than an institution of |
|
higher education subject to Section 2054.517, implementing an |
|
Internet website or mobile application that processes any sensitive |
|
personal or personally identifiable information or confidential |
|
information must: |
|
(1) submit a biennial data security plan to the |
|
department not later than October 15 of each even-numbered year to |
|
establish planned beta testing for the website or application; and |
|
(2) subject the website or application to a |
|
vulnerability and penetration test and address any vulnerability |
|
identified in the test. |
|
(b) The department shall review each data security plan |
|
submitted under Subsection (a) and make any recommendations for |
|
changes to the plan to the state agency as soon as practicable after |
|
the department reviews the plan. |
|
PART B. UPDATE OF COURT FEES AND COSTS |
|
SECTION 8.101. Section 101.021, Government Code, is amended |
|
to conform to Section 5.01, Chapter 912 (S.B. 1329), Acts of the |
|
85th Legislature, Regular Session, 2017, to read as follows: |
|
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of the supreme court shall collect fees and costs |
|
as follows: |
|
(1) application for petition for review (Sec. 51.005, |
|
Government Code) . . . $50; |
|
(2) additional fee if application for petition for |
|
review is granted (Sec. 51.005, Government Code) . . . $75; |
|
(3) motion for leave to file petition for writ of |
|
mandamus, prohibition, injunction, and other similar proceedings |
|
originating in the supreme court (Sec. 51.005, Government Code) |
|
. . . $50; |
|
(4) additional fee if a motion under Subdivision (3) |
|
is granted (Sec. 51.005, Government Code) . . . $75; |
|
(5) certified question from a federal court of appeals |
|
to the supreme court (Sec. 51.005, Government Code) . . . $75; |
|
(6) case appealed to the supreme court from the |
|
district court by direct appeal (Sec. 51.005, Government Code) |
|
. . . $100; |
|
(7) any other proceeding filed in the supreme court |
|
(Sec. 51.005, Government Code) . . . $75; |
|
(8) administering an oath and giving a sealed |
|
certificate of the oath (Sec. 51.005, Government Code) . . . $5; |
|
(9) making certain copies, including certificate and |
|
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if |
|
more than 10 pages; |
|
(10) any official service performed by the clerk for |
|
which a fee is not otherwise provided (Sec. 51.005, Government |
|
Code) . . . reasonable amount set by order or rule of supreme court; |
|
(10-a) supreme court support account filing fee (Sec. |
|
51.0051, Government Code) . . . amount set by the supreme court, |
|
not to exceed $50; |
|
(11) issuance of attorney's license or certificate |
|
(Sec. 51.006, Government Code) . . . $25 [$10]; |
|
(12) additional filing fee to fund civil legal |
|
services for the indigent (Sec. 51.941, Government Code) . . . $25; |
|
and |
|
(13) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30. |
|
SECTION 8.102. (a) Section 101.0611, Government Code, as |
|
effective September 1, 2019, is amended to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds, |
|
including refunding bonds, issued for the construction, |
|
renovation, or improvement of Hidalgo County court facilities, if |
|
authorized by the county commissioners court (Sec. 51.711, |
|
Government Code) . . . not more than $20; [and] |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds, |
|
including refunding bonds, issued for the construction, |
|
renovation, or improvement of Cameron County court facilities, if |
|
authorized by the county commissioners court (Sec. 51.711, |
|
Government Code) . . . not more than $20; |
|
(I) to fund the construction, renovation, or |
|
improvement of Willacy County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Willacy County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.713, Government Code) . . . not more than $20; |
|
(J) to fund the construction, renovation, or |
|
improvement of Starr County court facilities, if authorized by the |
|
county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Starr County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.713, Government Code) . . . not more than $20; and |
|
(K) to fund judicial and court personnel training |
|
(Sec. 51.971, Government Code) . . . $5; |
|
(4) for filing a suit, including an appeal from an |
|
inferior court: |
|
(A) for a suit with 10 or fewer plaintiffs (Sec. |
|
51.317, Government Code) . . . $50; |
|
(B) for a suit with at least 11 but not more than |
|
25 plaintiffs (Sec. 51.317, Government Code) . . . $75; |
|
(C) for a suit with at least 26 but not more than |
|
100 plaintiffs (Sec. 51.317, Government Code) . . . $100; |
|
(D) for a suit with at least 101 but not more than |
|
500 plaintiffs (Sec. 51.317, Government Code) . . . $125; |
|
(E) for a suit with at least 501 but not more than |
|
1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or |
|
(F) for a suit with more than 1,000 plaintiffs |
|
(Sec. 51.317, Government Code) . . . $200; |
|
(5) for filing a cross-action, counterclaim, |
|
intervention, contempt action, motion for new trial, or third-party |
|
petition (Sec. 51.317, Government Code) . . . $15; |
|
(6) for issuing a citation or other writ or process not |
|
otherwise provided for, including one copy, when requested at the |
|
time a suit or action is filed (Sec. 51.317, Government Code) . . . |
|
$8; |
|
(7) for records management and preservation (Sec. |
|
51.317, Government Code) . . . $10; |
|
(7-a) for district court records archiving, if adopted |
|
by the county commissioners court (Sec. 51.317(b)(5), Government |
|
Code) . . . not more than $5; |
|
(8) for issuing a subpoena, including one copy (Sec. |
|
51.318, Government Code) . . . $8; |
|
(9) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law (Sec. 51.318, Government Code) . . . $8; |
|
(10) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(11) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(12) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(14) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . not to exceed |
|
$1; |
|
(15) for a noncertified copy, for each page or part of |
|
a page (Sec. 51.318, Government Code) . . . not to exceed $1; |
|
(16) fee for performing a service: |
|
(A) related to the matter of the estate of a |
|
deceased person (Sec. 51.319, Government Code) . . . the same fee |
|
allowed the county clerk for those services; |
|
(B) related to the matter of a minor (Sec. |
|
51.319, Government Code) . . . the same fee allowed the county |
|
clerk for the service; |
|
(C) of serving process by certified or registered |
|
mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or |
|
constable is authorized to charge for the service under Section |
|
118.131, Local Government Code; |
|
(D) prescribed or authorized by law but for which |
|
no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; |
|
and |
|
(E) related to a matter filed in a statutory |
|
county court (Sec. 51.319, Government Code) . . . the same fees |
|
allowed the district clerk for those services in the district |
|
court; |
|
(17) jury fee (Sec. 51.604, Government Code) . . . |
|
$40; |
|
(18) additional filing fee for family protection on |
|
filing a suit for dissolution of a marriage under Chapter 6, Family |
|
Code (Sec. 51.961, Government Code) . . . not to exceed $15; |
|
(19) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(20) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30. |
|
(b) The following provisions are repealed: |
|
(1) Section 101.06111, Government Code; |
|
(2) Section 101.061194, Government Code, as added by |
|
Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular |
|
Session, 2017; and |
|
(3) Section 101.061194, Government Code, as added by |
|
Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular |
|
Session, 2017. |
|
SECTION 8.103. (a) Section 101.0811, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) an official court reporter fee, County Court at |
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
(3) in Brazoria County, in matters of concurrent |
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
Government Code) . . . as prescribed by law for district judges |
|
according to the nature of the matter; |
|
(4) a court reporter fee when testimony is taken in a |
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
Code) . . . $3; |
|
(5) a stenographer fee, if a record or part of a record |
|
is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in the 1st Multicounty Court at Law (Sec. |
|
25.2702, Government Code) . . . $25; |
|
(6) jury fee (Sec. 51.604, Government Code) . . . $40; |
|
(7) an additional filing fee: |
|
(A) for each civil case filed to be used for |
|
court-related purposes for the support of the judiciary (Sec. |
|
51.702, Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(G) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds, |
|
including refunding bonds, issued for the construction, |
|
renovation, or improvement of Hidalgo County court facilities, if |
|
authorized by the county commissioners court (Sec. 51.711, |
|
Government Code) . . . not more than $20; [and] |
|
(H) to fund the construction, renovation, or |
|
improvement of Cameron County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds, |
|
including refunding bonds, issued for the construction, |
|
renovation, or improvement of Cameron County court facilities, if |
|
authorized by the county commissioners court (Sec. 51.711, |
|
Government Code) . . . not more than $20; |
|
(I) to fund the construction, renovation, or |
|
improvement of Starr County court facilities, if authorized by the |
|
county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Starr County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.713, Government Code) . . . not more than $20; and |
|
(J) to fund judicial and court personnel training |
|
(Sec. 51.971, Government Code) . . . $5; |
|
(8) the official court reporter's fee taxed as costs in |
|
civil actions in a statutory county court: |
|
(A) in Bexar County Courts at Law Nos. 3, 4, 5, 6, |
|
7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code) |
|
. . . taxed in the same manner as the fee is taxed in district |
|
court; |
|
(B) in Galveston County (Sec. 25.0862, |
|
Government Code) . . . taxed in the same manner as the fee is taxed |
|
in civil cases in the district courts; |
|
(C) in Harris County (Sec. 25.1032, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; and |
|
(D) in Parker County (Sec. 25.1862, Government |
|
Code) . . . taxed in the same manner as the fee is taxed in civil |
|
cases in the district courts; |
|
(9) in Nueces County, in matters of concurrent |
|
jurisdiction with the district court, with certain exceptions, fees |
|
(Sec. 25.1802, Government Code) . . . equal to those in district |
|
court cases; |
|
(10) a fee not otherwise listed in this subchapter |
|
that is required to be collected under Section 25.0008, Government |
|
Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, |
|
Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, |
|
Victoria, and Williamson . . . as prescribed by law relating to |
|
county judges' fees; |
|
(11) at a hearing held by an associate judge appointed |
|
under Subchapter B, Chapter 54A, Government Code, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(12) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30. |
|
(b) The following provisions of the Government Code are |
|
repealed: |
|
(1) Section 101.08111; |
|
(2) Section 101.081193; and |
|
(3) Section 101.081195. |
|
SECTION 8.104. (a) Section 101.1011, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary (Sec. 51.704, |
|
Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(E) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; [and] |
|
(F) to fund the construction, renovation, or |
|
improvement of Hidalgo County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds, |
|
including refunding bonds, issued for the construction, |
|
renovation, or improvement of Hidalgo County court facilities, if |
|
authorized by the county commissioners court (Sec. 51.711, |
|
Government Code) . . . not more than $20; and |
|
(G) to fund judicial and court personnel training |
|
(Sec. 51.971, Government Code) . . . $5; |
|
(3) jury fee for civil case (Sec. 51.604, Government |
|
Code) . . . $40; |
|
(4) the expense of preserving the record as a court |
|
cost, if imposed on a party by the referring court or associate |
|
judge (Sec. 54A.211, Government Code) . . . actual cost; |
|
(5) a fee not otherwise listed in this subchapter that |
|
is required to be collected under Section 25.0029, Government Code |
|
(Sec. 25.0029, Government Code) . . . as prescribed by law relating |
|
to county judges' fees; and |
|
(6) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $30. |
|
(b) Sections 101.10111 and 101.101192, Government Code, are |
|
repealed. |
|
SECTION 8.105. (a) Section 101.1212, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Government Code: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) a jury fee (Sec. 51.604, Government Code) . . . |
|
$40; |
|
(3) a filing fee in each civil case filed to be used |
|
for court-related purposes for the support of the judiciary (Sec. |
|
51.703, Government Code) . . . $40; |
|
(4) a filing fee to fund the preservation of court |
|
records (Sec. 51.708, Government Code) . . . not more than $10; |
|
(4-a) an additional filing fee: |
|
(A) to fund the construction, renovation, or |
|
improvement of Willacy County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Willacy County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.713, Government Code) . . . not more than $20; and |
|
(B) to fund judicial and court personnel training |
|
(Sec. 51.971, Government Code) . . . $5; and |
|
(5) a statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $30. |
|
(b) Sections 101.12121 and 101.12122, Government Code, are |
|
repealed. |
|
SECTION 8.106. (a) Section 101.141(b), Government Code, is |
|
amended to read as follows: |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $6; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; [and] |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(E) to fund the construction, renovation, or |
|
improvement of Willacy County court facilities, if authorized by |
|
the county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Willacy County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.713, Government Code) . . . not more than $20; |
|
(F) to fund the construction, renovation, or |
|
improvement of Starr County court facilities, if authorized by the |
|
county commissioners court, and to fund the payment of the |
|
principal of, interest on, and costs of issuance of bonds issued for |
|
the construction, renovation, or improvement of Starr County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.713, Government Code) . . . not more than $20; and |
|
(G) to fund judicial and court personnel training |
|
(Sec. 51.971, Government Code) . . . $5; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 2308.457, Occupations Code) . . . $20; and |
|
(5) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $10. |
|
(b) Sections 101.1411 and 101.143, Government Code, are |
|
repealed. |
|
SECTION 8.107. (a) Section 103.021, Government Code, is |
|
amended to conform to the amendment of Article 42A.301, Code of |
|
Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th |
|
Legislature, Regular Session, 2017, and is further amended to read |
|
as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
or a party to a civil suit, as applicable, shall pay the following |
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42A.301(b)(17) [42A.301(17)], Code of Criminal Procedure) |
|
. . . not to exceed $50 for a misdemeanor offense or $100 for a |
|
felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42A.301(b)(20) |
|
[42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42A.455, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42A.504(b), Code |
|
of Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42A.652(a), Code |
|
of Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42A.653(a), Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42A.452, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the state electronic Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(20-b) a fee to defray the cost of notifying state |
|
agencies of orders of expunction (Art. 102.006, Code of Criminal |
|
Procedure) . . . $100 per petition; |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due; and |
|
(26) a cost on conviction for the truancy prevention |
|
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
|
$2. |
|
(b) Section 103.02101, Government Code, is repealed. |
|
SECTION 8.108. (a) Section 103.027(a), Government Code, as |
|
effective September 1, 2019, is amended to read as follows: |
|
(a) Fees and costs shall be paid or collected under the |
|
Government Code as follows: |
|
(1) filing a certified copy of a judicial finding of |
|
fact and conclusion of law if charged by the secretary of state |
|
(Sec. 51.905, Government Code) . . . $15; |
|
(2) cost paid by each surety posting the bail bond for |
|
an offense other than a misdemeanor punishable by fine only under |
|
Chapter 17, Code of Criminal Procedure, for the assistant |
|
prosecutor supplement fund and the fair defense account (Sec. |
|
41.258, Government Code) . . . $15, provided the cost does not |
|
exceed $30 for all bail bonds posted at that time for an individual |
|
and the cost is not required on the posting of a personal or cash |
|
bond; |
|
(3) to participate in a court proceeding in this |
|
state, a nonresident attorney fee (Sec. 82.0361, Government Code) |
|
. . . $250 except as waived or reduced under supreme court rules for |
|
representing an indigent person; |
|
(4) on a party's appeal of a final decision in a |
|
contested case, the cost of preparing the original or a certified |
|
copy of the record of the agency proceeding, if required by the |
|
agency's rule, as a court cost (Sec. 2001.177, Government Code) |
|
. . . as assessed by the court, all or part of the cost of |
|
preparation; |
|
(5) a program fee for a drug court program (Sec. |
|
123.004, Government Code) . . . not to exceed $1,000; |
|
(6) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 123.004, Government Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, and |
|
treatment; |
|
(7) a reasonable program fee for a veterans treatment |
|
court program (Sec. 124.005, Government Code) . . . not to exceed |
|
$1,000; |
|
(8) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans treatment court program (Sec. 124.005, Government Code) |
|
. . . the amount necessary to cover the costs of testing, |
|
counseling, or treatment; |
|
(9) a nonrefundable program fee for a commercially |
|
sexually exploited persons court program (Sec. 126.006, Government |
|
Code) . . . a reasonable amount not to exceed $1,000, which must |
|
include a counseling and services fee in an amount necessary to |
|
cover the costs of counseling and services provided by the program, |
|
a victim services fee in an amount equal to 10 percent of the total |
|
fee, and a law enforcement training fee in an amount equal to five |
|
percent of the total fee; |
|
(9-a) a reasonable program fee for a public safety |
|
employees treatment court program (Sec. 129.006, Government Code) |
|
. . . not to exceed $1,000; |
|
(9-b) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
public safety employees treatment court program (Sec. 129.006, |
|
Government Code) . . . the amount necessary to cover the costs of |
|
testing, counseling, or treatment; and |
|
(10) a district court records archive fee for the |
|
filing of a suit, including an appeal from an inferior court, or a |
|
cross-action, counterclaim, intervention, contempt action, motion |
|
for new trial, or third-party petition, in any court in the county |
|
for which the district clerk accepts filings, if authorized by the |
|
county commissioners court (Sec. 51.305, Government Code) . . . not |
|
more than $5. |
|
(b) Sections 103.02714 and 103.02715, Government Code, are |
|
repealed. |
|
ARTICLE 9. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 9.001. Section 364.034(a-1), Health and Safety |
|
Code, as added by Chapters 70 (S.B. 1229) and 143 (H.B. 1584), Acts |
|
of the 85th Legislature, Regular Session, 2017, is reenacted and |
|
amended to read as follows: |
|
(a-1) Notwithstanding Subsection (a)(2), a person is not |
|
required to use solid waste disposal services offered by a county[,
|
|
as authorized under Section 364.011(a-1),] to persons in an area of |
|
the county located within the extraterritorial jurisdiction of a |
|
municipality that does not provide solid waste disposal services in |
|
that area if: |
|
(1) the person contracts for solid waste disposal |
|
services with a provider that meets rules adopted by the commission |
|
for the regulation of solid waste disposal; or |
|
(2) the person is a private entity that contracts to |
|
provide temporary solid waste disposal services to a construction |
|
site or project by furnishing a roll-off container used to |
|
transport construction waste or demolition debris to a facility for |
|
disposal or recycling. |
|
SECTION 9.002. Section 394.001(1), Health and Safety Code, |
|
as amended and repealed by Chapter 755 (S.B. 1731), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(1) "Certified" includes: |
|
(A) new vehicle or new engine certification by |
|
the United States Environmental Protection Agency; or |
|
(B) certification or approval by the United |
|
States Environmental Protection Agency of a system to convert a |
|
vehicle or engine to operate on an alternative fuel and a |
|
demonstration by the emissions data used to certify or approve the |
|
vehicle or engine, if the commission determines the testing used to |
|
obtain the emissions data is consistent with the testing required |
|
for approval of an alternative fuel conversion system for new and |
|
relatively new vehicles or engines under 40 C.F.R. Part 85. |
|
ARTICLE 10. CHANGES RELATING TO HUMAN RESOURCES CODE |
|
SECTION 10.001. Sections 40.040(a) and (b), Human Resources |
|
Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th |
|
Legislature, Regular Session, 2017, are repealed as duplicative of |
|
Sections 40.040(a) and (b), Human Resources Code, as added by |
|
Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular |
|
Session, 2017. |
|
SECTION 10.002. Section 40.0581(f), Human Resources Code, |
|
as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, |
|
Regular Session, 2017, is repealed as duplicative of Section |
|
40.0581(f), Human Resources Code, as added by Chapter 319 (S.B. |
|
11), Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 10.003. Section 42.041(b), Human Resources Code, as |
|
amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted and amended |
|
to read as follows: |
|
(b) This section does not apply to: |
|
(1) a state-operated facility; |
|
(2) an agency foster home; |
|
(3) a facility that is operated in connection with a |
|
shopping center, business, religious organization, or |
|
establishment where children are cared for during short periods |
|
while parents or persons responsible for the children are attending |
|
religious services, shopping, or engaging in other activities, |
|
including retreats or classes for religious instruction, on or near |
|
the premises, that does not advertise as a child-care facility or |
|
day-care center, and that informs parents that it is not licensed by |
|
the state; |
|
(4) a school or class for religious instruction that |
|
does not last longer than two weeks and is conducted by a religious |
|
organization during the summer months; |
|
(5) a youth camp licensed by the Department of State |
|
Health Services; |
|
(6) a facility licensed, operated, certified, or |
|
registered by another state agency; |
|
(7) an educational facility that is accredited by the |
|
Texas Education Agency, the Southern Association of Colleges and |
|
Schools, or an accreditation body that is a member of the Texas |
|
Private School Accreditation Commission and that operates |
|
primarily for educational purposes for prekindergarten and above, a |
|
before-school or after-school program operated directly by an |
|
accredited educational facility, or a before-school or |
|
after-school program operated by another entity under contract with |
|
the educational facility, if the Texas Education Agency, the |
|
Southern Association of Colleges and Schools, or the other |
|
accreditation body, as applicable, has approved the curriculum |
|
content of the before-school or after-school program operated under |
|
the contract; |
|
(8) an educational facility that operates solely for |
|
educational purposes for prekindergarten through at least grade |
|
two, that does not provide custodial care for more than one hour |
|
during the hours before or after the customary school day, and that |
|
is a member of an organization that promulgates, publishes, and |
|
requires compliance with health, safety, fire, and sanitation |
|
standards equal to standards required by state, municipal, and |
|
county codes; |
|
(9) a kindergarten or preschool educational program |
|
that is operated as part of a public school or a private school |
|
accredited by the Texas Education Agency, that offers educational |
|
programs through grade six, and that does not provide custodial |
|
care during the hours before or after the customary school day; |
|
(10) a family home, whether registered or listed; |
|
(11) an educational facility that is integral to and |
|
inseparable from its sponsoring religious organization or an |
|
educational facility both of which do not provide custodial care |
|
for more than two hours maximum per day, and that offers an |
|
educational program in one or more of the following: |
|
prekindergarten through at least grade three, elementary grades, or |
|
secondary grades; |
|
(12) an emergency shelter facility, other than a |
|
facility that would otherwise require a license as a child-care |
|
facility under this section, that provides shelter or care to a |
|
minor and the minor's child or children, if any, under Section |
|
32.201, Family Code, if the facility: |
|
(A) is currently under a contract with a state or |
|
federal agency; or |
|
(B) meets the requirements listed under Section |
|
51.005(b)(3); |
|
(13) a juvenile detention facility certified under |
|
Section 51.12, Family Code, a juvenile correctional facility |
|
certified under Section 51.125, Family Code, a juvenile facility |
|
providing services solely for the Texas Juvenile Justice |
|
Department, or any other correctional facility for children |
|
operated or regulated by another state agency or by a political |
|
subdivision of the state; |
|
(14) an elementary-age (ages 5-13) recreation program |
|
operated by a municipality provided the governing body of the |
|
municipality annually adopts standards of care by ordinance after a |
|
public hearing for such programs, that such standards are provided |
|
to the parents of each program participant, and that the ordinances |
|
shall include, at a minimum, staffing ratios, minimum staff |
|
qualifications, minimum facility, health, and safety standards, |
|
and mechanisms for monitoring and enforcing the adopted local |
|
standards; and further provided that parents be informed that the |
|
program is not licensed by the state and the program may not be |
|
advertised as a child-care facility; |
|
(15) an annual youth camp held in a municipality with a |
|
population of more than 1.5 million that operates for not more than |
|
three months and that has been operated for at least 10 years by a |
|
nonprofit organization that provides care for the homeless; |
|
(16) a food distribution program that: |
|
(A) serves an evening meal to children two years |
|
of age or older; and |
|
(B) is operated by a nonprofit food bank in a |
|
nonprofit, religious, or educational facility for not more than two |
|
hours a day on regular business days; |
|
(17) a child-care facility that operates for less than |
|
three consecutive weeks and less than 40 days in a period of 12 |
|
months; |
|
(18) a program: |
|
(A) in which a child receives direct instruction |
|
in a single skill, talent, ability, expertise, or proficiency; |
|
(B) that does not provide services or offerings |
|
that are not directly related to the single talent, ability, |
|
expertise, or proficiency; |
|
(C) that does not advertise or otherwise |
|
represent that the program is a child-care facility, day-care |
|
center, or licensed before-school or after-school program or that |
|
the program offers child-care services; |
|
(D) that informs the parent or guardian: |
|
(i) that the program is not licensed by the |
|
state; and |
|
(ii) about the physical risks a child may |
|
face while participating in the program; and |
|
(E) that conducts background checks for all |
|
program employees and volunteers who work with children in the |
|
program using information that is obtained from the Department of |
|
Public Safety; |
|
(19) an elementary-age (ages 5-13) recreation program |
|
that: |
|
(A) adopts standards of care, including |
|
standards relating to staff ratios, staff training, health, and |
|
safety; |
|
(B) provides a mechanism for monitoring and |
|
enforcing the standards and receiving complaints from parents of |
|
enrolled children; |
|
(C) does not advertise as or otherwise represent |
|
the program as a child-care facility, day-care center, or licensed |
|
before-school or after-school program or that the program offers |
|
child-care services; |
|
(D) informs parents that the program is not |
|
licensed by the state; |
|
(E) is organized as a nonprofit organization or |
|
is located on the premises of a participant's residence; |
|
(F) does not accept any remuneration other than a |
|
nominal annual membership fee; |
|
(G) does not solicit donations as compensation or |
|
payment for any good or service provided as part of the program; and |
|
(H) conducts background checks for all program |
|
employees and volunteers who work with children in the program |
|
using information that is obtained from the Department of Public |
|
Safety; |
|
(20) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the caretaker: |
|
(A) had a prior relationship with the child or |
|
sibling group or other family members of the child or sibling group; |
|
(B) does not care for more than one unrelated |
|
child or sibling group; |
|
(C) does not receive compensation or solicit |
|
donations for the care of the child or sibling group; and |
|
(D) has a written agreement with the parent to |
|
care for the child or sibling group; |
|
(21) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which: |
|
(A) the department is the managing conservator of |
|
the child or sibling group; |
|
(B) the department placed the child or sibling |
|
group in the caretaker's home; and |
|
(C) the caretaker had a long-standing and |
|
significant relationship with the child or sibling group before the |
|
child or sibling group was placed with the caretaker; |
|
(22) a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group, excluding |
|
children who are related to the caretaker, in which the child is in |
|
the United States on a time-limited visa under the sponsorship of |
|
the caretaker or of a sponsoring organization; |
|
(23) a facility operated by a nonprofit organization |
|
that: |
|
(A) does not otherwise operate as a child-care |
|
facility that is required to be licensed under this section; |
|
(B) provides emergency shelter and care for not |
|
more than 15 days to children 13 years of age or older but younger |
|
than 18 years of age who are victims of human trafficking alleged |
|
under Section 20A.02, Penal Code; |
|
(C) is located in a municipality with a |
|
population of at least 600,000 that is in a county on an |
|
international border; and |
|
(D) meets one of the following criteria: |
|
(i) is licensed by, or operates under an |
|
agreement with, a state or federal agency to provide shelter and |
|
care to children; or |
|
(ii) meets the eligibility requirements for |
|
a contract under Section 51.005(b)(3); [or] |
|
(24) a facility that provides respite care exclusively |
|
for a local mental health authority under a contract with the local |
|
mental health authority; or |
|
(25) [(24)] a living arrangement in a caretaker's home |
|
involving one or more children or a sibling group in which the |
|
caretaker: |
|
(A) has a written authorization agreement under |
|
Chapter 34, Family Code, with the parent of each child or sibling |
|
group to care for each child or sibling group; |
|
(B) does not care for more than six children, |
|
excluding children who are related to the caretaker; and |
|
(C) does not receive compensation for caring for |
|
any child or sibling group. |
|
ARTICLE 11. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 11.001. Section 81.067(c), Natural Resources Code, |
|
as amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B. |
|
1488), Acts of the 85th Legislature, Regular Session, 2017, is |
|
reenacted and amended to read as follows: |
|
(c) The fund consists of: |
|
(1) proceeds from bonds and other financial security |
|
required by this chapter and benefits under well-specific plugging |
|
insurance policies described by Section 91.104(c) that are paid to |
|
the state as contingent beneficiary of the policies, subject to the |
|
refund provisions of Section 91.1091, if applicable; |
|
(2) private contributions, including contributions |
|
made under Section 89.084; |
|
(3) expenses collected under Section 89.083; |
|
(4) fees imposed under Section 85.2021; |
|
(5) costs recovered under Section 91.457 or 91.459; |
|
(6) proceeds collected under Sections 89.085 and |
|
91.115; |
|
(7) interest earned on the funds deposited in the |
|
fund; |
|
(8) oil and gas waste hauler permit application fees |
|
collected under Section 29.015, Water Code; |
|
(9) costs recovered under Section 91.113(f); |
|
(10) hazardous oil and gas waste generation fees |
|
collected under Section 91.605; |
|
(11) oil-field cleanup regulatory fees on oil |
|
collected under Section 81.116; |
|
(12) oil-field cleanup regulatory fees on gas |
|
collected under Section 81.117; |
|
(13) fees for a reissued certificate collected under |
|
Section 91.707; |
|
(14) fees collected under Section 91.1013; |
|
(15) fees collected under Section 89.088; |
|
(16) fees collected under Section 91.142; |
|
(17) fees collected under Section 91.654; |
|
(18) costs recovered under Sections 91.656 and 91.657; |
|
(19) fees collected under Section 81.0521; |
|
(20) fees collected under Sections 89.024 and 89.026; |
|
(21) legislative appropriations; |
|
(22) any surcharges collected under Section 81.070; |
|
(23) fees collected under Section 91.0115; |
|
(24) fees collected under Subchapter E, Chapter 121, |
|
Utilities Code; |
|
(25) fees collected under Section 27.0321, Water Code; |
|
[and] |
|
(26) fees collected under Section 81.071; and |
|
(27) [(26)] money collected under Section 81.021. |
|
ARTICLE 12. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 12.001. Section 562.110(i), Occupations Code, as |
|
added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature, |
|
Regular Session, 2017, is repealed as duplicative of Section |
|
562.110(k), Occupations Code. |
|
SECTION 12.002. Section 2308.151(b), Occupations Code, as |
|
added by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted and amended |
|
to read as follows: |
|
(b) Unless [a person is] prohibited by a local authority |
|
under Section 2308.2085, a person may: |
|
(1) perform booting operations; and |
|
(2) operate a booting company. |
|
SECTION 12.003. Section 2308.205(a), Occupations Code, as |
|
amended by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the |
|
85th Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) A towing company that makes a nonconsent tow shall tow |
|
the vehicle to a vehicle storage facility that is operated by a |
|
person who holds a license to operate the facility under Chapter |
|
2303, unless: |
|
(1) the towing company agrees to take the vehicle to a |
|
location designated by the vehicle's owner; or |
|
(2) the vehicle is towed under: |
|
(A) rules adopted under Subsection (a-1); or |
|
(B) Section 2308.259(b). |
|
ARTICLE 13. CHANGES RELATING TO PENAL CODE |
|
SECTION 13.001. Sections 46.05(a) and (e), Penal Code, as |
|
amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the |
|
85th Legislature, Regular Session, 2017, are reenacted and amended |
|
to read as follows: |
|
(a) A person commits an offense if the person intentionally |
|
or knowingly possesses, manufactures, transports, repairs, or |
|
sells: |
|
(1) any of the following items, unless the item is |
|
registered in the National Firearms Registration and Transfer |
|
Record maintained by the Bureau of Alcohol, Tobacco, Firearms and |
|
Explosives or otherwise not subject to that registration |
|
requirement or unless the item is classified as a curio or relic by |
|
the United States Department of Justice: |
|
(A) an explosive weapon; |
|
(B) a machine gun; or |
|
(C) a short-barrel firearm; |
|
(2) knuckles; |
|
(3) armor-piercing ammunition; |
|
(4) a chemical dispensing device; |
|
(5) a zip gun; |
|
(6) a tire deflation device; [or] |
|
(7) a firearm silencer, unless the firearm silencer is |
|
classified as a curio or relic by the United States Department of |
|
Justice or the actor otherwise possesses, manufactures, |
|
transports, repairs, or sells the firearm silencer in compliance |
|
with federal law; or |
|
(8) [(7)] an improvised explosive device. |
|
(e) An offense under Subsection (a)(1), (3), (4), (5), [or] |
|
(7), or (8) is a felony of the third degree. An offense under |
|
Subsection (a)(6) is a state jail felony. An offense under |
|
Subsection (a)(2) is a Class A misdemeanor. |
|
ARTICLE 14. CHANGES RELATING TO TAX CODE |
|
SECTION 14.001. Sections 5.102(d) and (e), Tax Code, are |
|
amended to conform to Chapter 450 (H.B. 2447), Acts of the 81st |
|
Legislature, Regular Session, 2009, to read as follows: |
|
(d) If the appraisal district fails to comply with the |
|
recommendations in the report and the comptroller finds that the |
|
board of directors of the appraisal district failed to take |
|
remedial action reasonably designed to ensure substantial |
|
compliance with each recommendation in the report before the first |
|
anniversary of the date the report was issued, the comptroller |
|
shall notify the Texas Department of Licensing and Regulation |
|
[Board of Tax Professional Examiners], or a successor to the |
|
department [board], which shall take action necessary to ensure |
|
that the recommendations in the report are implemented as soon as |
|
practicable. |
|
(e) Before February 1 of the year following the year in |
|
which the Texas Department of Licensing and Regulation [Board of
|
|
Tax Professional Examiners], or its successor, takes action under |
|
Subsection (d), and with the assistance of the comptroller, the |
|
department [board] shall determine whether the recommendations in |
|
the most recent report have been substantially implemented. The |
|
executive director [presiding officer] of the department [board] |
|
shall notify the chief appraiser and the board of directors of the |
|
appraisal district in writing of the department's [board's] |
|
determination. |
|
SECTION 14.002. Section 25.025(a), Tax Code, as amended by |
|
Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. |
|
1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular |
|
Session, 2017, is reenacted and amended to read as follows: |
|
(a) This section applies only to: |
|
(1) a current or former peace officer as defined by |
|
Article 2.12, Code of Criminal Procedure, and the spouse or |
|
surviving spouse of the peace officer; |
|
(2) the adult child of a current peace officer as |
|
defined by Article 2.12, Code of Criminal Procedure; |
|
(3) a county jailer as defined by Section 1701.001, |
|
Occupations Code; |
|
(4) an employee of the Texas Department of Criminal |
|
Justice; |
|
(5) a commissioned security officer as defined by |
|
Section 1702.002, Occupations Code; |
|
(6) an individual who shows that the individual, the |
|
individual's child, or another person in the individual's household |
|
is a victim of family violence as defined by Section 71.004, Family |
|
Code, by providing: |
|
(A) a copy of a protective order issued under |
|
Chapter 85, Family Code, or a magistrate's order for emergency |
|
protection issued under Article 17.292, Code of Criminal Procedure; |
|
or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of family |
|
violence; |
|
(7) [(6)] an individual who shows that the individual, |
|
the individual's child, or another person in the individual's |
|
household is a victim of sexual assault or abuse, stalking, or |
|
trafficking of persons by providing: |
|
(A) a copy of a protective order issued under |
|
Chapter 7A or Article 6.09, Code of Criminal Procedure, or a |
|
magistrate's order for emergency protection issued under Article |
|
17.292, Code of Criminal Procedure; or |
|
(B) other independent documentary evidence |
|
necessary to show that the individual, the individual's child, or |
|
another person in the individual's household is a victim of sexual |
|
assault or abuse, stalking, or trafficking of persons; |
|
(8) [(7)] a participant in the address |
|
confidentiality program administered by the attorney general under |
|
Subchapter C, Chapter 56, Code of Criminal Procedure, who provides |
|
proof of certification under Article 56.84, Code of Criminal |
|
Procedure; |
|
(9) [(8)] a federal judge, a state judge, or the |
|
spouse of a federal judge or state judge; |
|
(10) a current or former district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(11) [(9)] a current or former employee of a district |
|
attorney, criminal district attorney, or county or municipal |
|
attorney whose jurisdiction includes any criminal law or child |
|
protective services matters; |
|
(12) [(10)] an officer or employee of a community |
|
supervision and corrections department established under Chapter |
|
76, Government Code, who performs a duty described by Section |
|
76.004(b) of that code; |
|
(13) [(11)] a criminal investigator of the United |
|
States as described by Article 2.122(a), Code of Criminal |
|
Procedure; |
|
(14) [(12)] a police officer or inspector of the |
|
United States Federal Protective Service; |
|
(15) [(13)] a current or former United States attorney |
|
or assistant United States attorney and the spouse and child of the |
|
attorney; |
|
(16) [(14)] a current or former employee of the office |
|
of the attorney general who is or was assigned to a division of that |
|
office the duties of which involve law enforcement; |
|
(17) [(15)] a medical examiner or person who performs |
|
forensic analysis or testing who is employed by this state or one or |
|
more political subdivisions of this state; |
|
(18) [(16)] a current or former member of the United |
|
States armed forces who has served in an area that the president of |
|
the United States by executive order designates for purposes of 26 |
|
U.S.C. Section 112 as an area in which armed forces of the United |
|
States are or have engaged in combat; |
|
(19) [(17)] a current or former employee of the Texas |
|
Juvenile Justice Department or of the predecessors in function of |
|
the department; |
|
(20) [(18)] a current or former juvenile probation or |
|
supervision officer certified by the Texas Juvenile Justice |
|
Department, or the predecessors in function of the department, |
|
under Title 12, Human Resources Code; |
|
(21) [(19)] a current or former employee of a juvenile |
|
justice program or facility, as those terms are defined by Section |
|
261.405, Family Code; [and] |
|
(22) [(18)] a current or former employee of the Texas |
|
Civil Commitment Office or of the predecessor in function of the |
|
office or a division of the office; and |
|
(23) [(18)] a current or former employee of a federal |
|
judge or state judge. |
|
SECTION 14.003. Section 351.101(a), Tax Code, as amended by |
|
Chapters 53 (S.B. 1365), 267 (H.B. 1896), 324 (S.B. 1488), and 785 |
|
(H.B. 2445), Acts of the 85th Legislature, Regular Session, 2017, |
|
is reenacted and amended to read as follows: |
|
(a) Revenue from the municipal hotel occupancy tax may be |
|
used only to promote tourism and the convention and hotel industry, |
|
and that use is limited to the following: |
|
(1) the acquisition of sites for and the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of convention center facilities or visitor information |
|
centers, or both; |
|
(2) the furnishing of facilities, personnel, and |
|
materials for the registration of convention delegates or |
|
registrants; |
|
(3) advertising and conducting solicitations and |
|
promotional programs to attract tourists and convention delegates |
|
or registrants to the municipality or its vicinity; |
|
(4) the encouragement, promotion, improvement, and |
|
application of the arts, including instrumental and vocal music, |
|
dance, drama, folk art, creative writing, architecture, design and |
|
allied fields, painting, sculpture, photography, graphic and craft |
|
arts, motion pictures, radio, television, tape and sound recording, |
|
and other arts related to the presentation, performance, execution, |
|
and exhibition of these major art forms; |
|
(5) historical restoration and preservation projects |
|
or activities or advertising and conducting solicitations and |
|
promotional programs to encourage tourists and convention |
|
delegates to visit preserved historic sites or museums: |
|
(A) at or in the immediate vicinity of convention |
|
center facilities or visitor information centers; or |
|
(B) located elsewhere in the municipality or its |
|
vicinity that would be frequented by tourists and convention |
|
delegates; |
|
(6) expenses, including promotion expenses, directly |
|
related to a sporting event in which the majority of participants |
|
are tourists who substantially increase economic activity at hotels |
|
and motels within the municipality or its vicinity if: |
|
(A) the municipality is located in a county with |
|
a population of one million or less; or |
|
(B) the municipality has a population of more |
|
than 67,000 and is located in two counties with 90 percent of the |
|
municipality's territory located in a county with a population of |
|
at least 580,000, and the remaining territory located in a county |
|
with a population of at least four million; |
|
(7) subject to Section 351.1076, the promotion of |
|
tourism by the enhancement and upgrading of existing sports |
|
facilities or fields if: |
|
(A) the municipality owns the facilities or |
|
fields; |
|
(B) the municipality: |
|
(i) has a population of 80,000 or more and |
|
is located in a county that has a population of 350,000 or less; |
|
(ii) has a population of at least 75,000 but |
|
not more than 95,000 and is located in a county that has a |
|
population of less than 200,000 but more than 160,000; |
|
(iii) has a population of at least 36,000 |
|
but not more than 39,000 and is located in a county that has a |
|
population of 100,000 or less that is not adjacent to a county with |
|
a population of more than two million; |
|
(iv) has a population of at least 13,000 but |
|
less than 39,000 and is located in a county that has a population of |
|
at least 200,000; |
|
(v) has a population of at least 70,000 but |
|
less than 90,000 and no part of which is located in a county with a |
|
population greater than 150,000; |
|
(vi) is located in a county that: |
|
(a) is adjacent to the Texas-Mexico |
|
border; |
|
(b) has a population of at least |
|
500,000; and |
|
(c) does not have a municipality with |
|
a population greater than 500,000; |
|
(vii) has a population of at least 25,000 |
|
but not more than 26,000 and is located in a county that has a |
|
population of 90,000 or less; |
|
(viii) is located in a county that has a |
|
population of not more than 300,000 and in which a component |
|
university of the University of Houston System is located; |
|
(ix) has a population of at least 40,000 and |
|
the San Marcos River flows through the municipality; [or] |
|
(x) has a population of more than 67,000 and |
|
is located in two counties with 90 percent of the municipality's |
|
territory located in a county with a population of at least 580,000, |
|
and the remaining territory located in a county with a population of |
|
at least four million; or |
|
(xi) [(x)] contains an intersection of |
|
Interstates 35E and 35W and at least two public universities; and |
|
(C) the sports facilities and fields have been |
|
used, in the preceding calendar year, a combined total of more than |
|
10 times for district, state, regional, or national sports |
|
tournaments; |
|
(8) for a municipality with a population of at least |
|
70,000 but less than 90,000, no part of which is located in a county |
|
with a population greater than 150,000, the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of a coliseum or multiuse facility; |
|
(9) signage directing the public to sights and |
|
attractions that are visited frequently by hotel guests in the |
|
municipality; |
|
(10) the construction, improvement, enlarging, |
|
equipping, repairing, operation, and maintenance of a coliseum or |
|
multiuse facility, if the municipality: |
|
(A) has a population of at least 90,000 but less |
|
than 120,000; and |
|
(B) is located in two counties, at least one of |
|
which contains the headwaters of the San Gabriel River; and |
|
(11) for a municipality with a population of more than |
|
175,000 but less than 225,000 that is located in two counties, each |
|
of which has a population of less than 200,000, the construction, |
|
improvement, enlarging, equipping, repairing, operation, and |
|
maintenance of a coliseum or multiuse facility and related |
|
infrastructure or a venue, as defined by Section 334.001(4), Local |
|
Government Code, that is related to the promotion of tourism. |
|
ARTICLE 15. CHANGES RELATING TO TRANSPORTATION CODE |
|
SECTION 15.001. Section 501.072(e), Transportation Code, |
|
as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature, |
|
Regular Session, 2017, is repealed as duplicative of Section |
|
501.072(e), Transportation Code, as added by Chapter 395 (S.B. |
|
1062), Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 15.002. Section 522.035, Transportation Code, as |
|
added by Chapter 21 (S.B. 128), Acts of the 85th Legislature, |
|
Regular Session, 2017, is repealed as duplicative of Section |
|
522.035, Transportation Code, as added by Chapter 685 (H.B. 29), |
|
Acts of the 85th Legislature, Regular Session, 2017. |
|
SECTION 15.003. Section 545.424(c), Transportation Code, |
|
as amended by Chapters 438 (H.B. 62) and 1059 (H.B. 3050), Acts of |
|
the 85th Legislature, Regular Session, 2017, is reenacted to read |
|
as follows: |
|
(c) Subsection (a-1) does not apply to a person operating a |
|
motor vehicle while accompanied in the manner required by Section |
|
521.222(d)(2) for the holder of a learner license. |
|
SECTION 15.004. Section 644.101(b), Transportation Code, |
|
as amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324 |
|
(S.B. 1488), Acts of the 85th Legislature, Regular Session, 2017, |
|
is reenacted and amended to read as follows: |
|
(b) A police officer of any of the following municipalities |
|
is eligible to apply for certification under this section: |
|
(1) a municipality with a population of 50,000 or |
|
more; |
|
(2) a municipality with a population of 25,000 or more |
|
any part of which is located in a county with a population of |
|
500,000 or more; |
|
(3) a municipality with a population of less than |
|
25,000: |
|
(A) any part of which is located in a county with |
|
a population of 3.3 million; and |
|
(B) that contains or is adjacent to an |
|
international port; |
|
(4) a municipality with a population of at least |
|
34,000 that is located in a county that borders two or more states; |
|
(5) a municipality any part of which is located in a |
|
county bordering the United Mexican States; |
|
(6) a municipality with a population of less than |
|
5,000 that is located: |
|
(A) adjacent to a bay connected to the Gulf of |
|
Mexico; and |
|
(B) in a county adjacent to a county with a |
|
population greater than 3.3 million; |
|
(7) a municipality that is located: |
|
(A) within 25 miles of an international port; and |
|
(B) in a county that does not contain a highway |
|
that is part of the national system of interstate and defense |
|
highways and is adjacent to a county with a population greater than |
|
3.3 million; |
|
(8) a municipality with a population of less than |
|
8,500 that: |
|
(A) is the county seat; and |
|
(B) contains a highway that is part of the |
|
national system of interstate and defense highways; |
|
(9) a municipality located in a county with a |
|
population between 60,000 and 66,000 adjacent to a bay connected to |
|
the Gulf of Mexico; |
|
(10) a municipality with a population of more than |
|
40,000 and less than 50,000 that is located in a county with a |
|
population of more than 285,000 and less than 300,000 that borders |
|
the Gulf of Mexico; [or] |
|
(11) a municipality with a population between 18,000 |
|
and 18,500 that is located entirely in a county that: |
|
(A) has a population of less than 200,000; |
|
(B) is adjacent to two counties that each have a |
|
population of more than 1.2 million; and |
|
(C) contains two highways that are part of the |
|
national system of interstate and defense highways; or |
|
(12) [(11)] a municipality with a population of more |
|
than 3,000 and less than 10,000 that: |
|
(A) contains a highway that is part of the |
|
national system of interstate and defense highways; and |
|
(B) is located in a county with a population |
|
between 150,000 and 155,000. |
|
SECTION 15.005. Sections 663.037(d) and (g), |
|
Transportation Code, as amended by Chapters 125 (H.B. 920) and 1052 |
|
(H.B. 1956), Acts of the 85th Legislature, Regular Session, 2017, |
|
are reenacted to read as follows: |
|
(d) The operator of an off-highway vehicle may drive the |
|
vehicle on a public street, road, or highway that is not an |
|
interstate or limited-access highway if: |
|
(1) the transportation is in connection with: |
|
(A) the production, cultivation, care, |
|
harvesting, preserving, drying, processing, canning, storing, |
|
handling, shipping, marketing, selling, or use of agricultural |
|
products, as defined by Section 52.002, Agriculture Code; or |
|
(B) utility work performed by a utility; |
|
(2) the operator attaches to the back of the vehicle a |
|
triangular orange flag that is at least six feet above ground level; |
|
(3) the vehicle's headlights and taillights are |
|
illuminated; |
|
(4) the operator holds a driver's license, as defined |
|
by Section 521.001; |
|
(5) the operation of the vehicle occurs in the |
|
daytime; and |
|
(6) the operation of the vehicle does not exceed a |
|
distance of 25 miles from the point of origin to the destination. |
|
(g) A peace officer or other person who provides law |
|
enforcement, firefighting, ambulance, medical, or other emergency |
|
services, including a volunteer firefighter, may operate an |
|
off-highway vehicle on a public street, road, or highway that is not |
|
an interstate or limited-access highway only if: |
|
(1) the transportation is in connection with the |
|
performance of the operator's official duty; |
|
(2) the operator attaches to the back of the vehicle a |
|
triangular orange flag that is at least six feet above ground level; |
|
(3) the vehicle's headlights and taillights are |
|
illuminated; |
|
(4) the operator holds a driver's license, as defined |
|
by Section 521.001; and |
|
(5) the operation of the vehicle does not exceed a |
|
distance of 10 miles from the point of origin to the destination. |
|
ARTICLE 16. CHANGES RELATING TO UTILITIES CODE |
|
SECTION 16.001. Section 39.002, Utilities Code, is amended |
|
to correct a reference to read as follows: |
|
Sec. 39.002. APPLICABILITY. This chapter, other than |
|
Sections 39.155, 39.157(e), 39.203, [39.903,] 39.904, 39.9051, |
|
39.9052, and 39.914(e), does not apply to a municipally owned |
|
utility or an electric cooperative. Sections 39.157(e), 39.203, and |
|
39.904, however, apply only to a municipally owned utility or an |
|
electric cooperative that is offering customer choice. If there is |
|
a conflict between the specific provisions of this chapter and any |
|
other provisions of this title, except for Chapters 40 and 41, the |
|
provisions of this chapter control. |
|
SECTION 16.002. Section 39.352(g), Utilities Code, is |
|
amended to correct a reference to read as follows: |
|
(g) If a retail electric provider serves an aggregate load |
|
in excess of 300 megawatts within this state, not less than five |
|
percent of the load in megawatt hours must consist of residential |
|
customers. This requirement applies to an affiliated retail |
|
electric provider only with respect to load served outside of the |
|
electric utility's service area, and, in relation to that load, the |
|
affiliated retail electric provider shall meet the requirements of |
|
this subsection by serving residential customers outside of the |
|
electric utility's service area. For the purpose of this |
|
subsection, the load served by retail electric providers that are |
|
under common ownership shall be combined. A retail electric |
|
provider may meet the requirements of this subsection by |
|
demonstrating on an annual basis that it serves residential load |
|
amounting to five percent of its total load or[,] by demonstrating |
|
that another retail electric provider serves sufficient qualifying |
|
residential load on its behalf[, or by paying an amount into the
|
|
system benefit fund equal to $1 multiplied by a number equal to the
|
|
difference between the number of megawatt hours it sold to
|
|
residential customers and the number of megawatt hours it was
|
|
required to sell to such customers, or in the case of an affiliated
|
|
retail electric provider, $1 multiplied by a number equal to the
|
|
difference between the number of megawatt hours sold to residential
|
|
customers outside of the electric utility's service area and the
|
|
number of megawatt hours it was required to sell to such customers
|
|
outside of the electric utility's service area]. Qualifying |
|
residential load may not include customers served by an affiliated |
|
retail electric provider in its own service area. Each retail |
|
electric provider shall file reports with the commission that are |
|
necessary to implement this subsection. This subsection applies |
|
for 36 months after retail competition begins. The commission |
|
shall adopt rules to implement this subsection. |
|
SECTION 16.003. Section 39.905(f), Utilities Code, is |
|
amended to correct a reference to read as follows: |
|
(f) Each [Unless funding is provided under Section 39.903,
|
|
each] unbundled transmission and distribution utility shall |
|
include in its energy efficiency plan a targeted low-income energy |
|
efficiency program [as described by Section 39.903(f)(2)], and the |
|
savings achieved by the program shall count toward the transmission |
|
and distribution utility's energy efficiency goal. The commission |
|
shall determine the appropriate level of funding to be allocated to |
|
both targeted and standard offer low-income energy efficiency |
|
programs in each unbundled transmission and distribution utility |
|
service area. The level of funding for low-income energy |
|
efficiency programs shall be provided from money approved by the |
|
commission for the transmission and distribution utility's energy |
|
efficiency programs. The commission shall ensure that annual |
|
expenditures for the targeted low-income energy efficiency |
|
programs of each unbundled transmission and distribution utility |
|
are not less than 10 percent of the transmission and distribution |
|
utility's energy efficiency budget for the year. A targeted |
|
low-income energy efficiency program must comply with the same |
|
audit requirements that apply to federal weatherization |
|
subrecipients. In an energy efficiency cost recovery factor |
|
proceeding related to expenditures under this subsection, the |
|
commission shall make findings of fact regarding whether the |
|
utility meets requirements imposed under this subsection. The |
|
state agency that administers the federal weatherization |
|
assistance program shall participate in energy efficiency cost |
|
recovery factor proceedings related to expenditures under this |
|
subsection to ensure that targeted low-income weatherization |
|
programs are consistent with federal weatherization programs and |
|
adequately funded. |
|
SECTION 16.004. Section 40.001(a), Utilities Code, is |
|
amended to correct a reference to read as follows: |
|
(a) Notwithstanding any other provision of law, except |
|
Sections 39.155, 39.157(e), 39.203, [39.903,] and 39.904, this |
|
chapter governs the transition to and the establishment of a fully |
|
competitive electric power industry for municipally owned |
|
utilities. With respect to the regulation of municipally owned |
|
utilities, this chapter controls over any other provision of this |
|
title, except for sections in which the term "municipally owned |
|
utility" is specifically used. |
|
SECTION 16.005. Section 40.004, Utilities Code, is amended |
|
to correct a reference to read as follows: |
|
Sec. 40.004. JURISDICTION OF COMMISSION. Except as |
|
specifically otherwise provided in this chapter, the commission has |
|
jurisdiction over municipally owned utilities only for the |
|
following purposes: |
|
(1) to regulate wholesale transmission rates and |
|
service, including terms of access, to the extent provided by |
|
Subchapter A, Chapter 35; |
|
(2) to regulate certification of retail service areas |
|
to the extent provided by Chapter 37; |
|
(3) to regulate rates on appeal under Subchapters D |
|
and E, Chapter 33, subject to Section 40.051(c); |
|
(4) to establish a code of conduct as provided by |
|
Section 39.157(e) applicable to anticompetitive activities and to |
|
affiliate activities limited to structurally unbundled affiliates |
|
of municipally owned utilities, subject to Section 40.054; |
|
(5) to establish terms and conditions for open access |
|
to transmission and distribution facilities for municipally owned |
|
utilities providing customer choice, as provided by Section 39.203; |
|
(6) [to require collection of the nonbypassable fee
|
|
established under Section 39.903(b) and] to administer the |
|
renewable energy credits program under Section 39.904(b) and the |
|
natural gas energy credits program under Section 39.9044(b); and |
|
(7) to require reports of municipally owned utility |
|
operations only to the extent necessary to: |
|
(A) enable the commission to determine the |
|
aggregate load and energy requirements of the state and the |
|
resources available to serve that load; or |
|
(B) enable the commission to determine |
|
information relating to market power as provided by Section 39.155. |
|
SECTION 16.006. Section 41.001, Utilities Code, is amended |
|
to correct a reference to read as follows: |
|
Sec. 41.001. APPLICABLE LAW. Notwithstanding any other |
|
provision of law, except Sections 39.155, 39.157(e), 39.203, |
|
[39.903,] and 39.904, this chapter governs the transition to and |
|
the establishment of a fully competitive electric power industry |
|
for electric cooperatives. Regarding the regulation of electric |
|
cooperatives, this chapter shall control over any other provision |
|
of this title, except for sections in which the term "electric |
|
cooperative" is specifically used. |
|
ARTICLE 17. CHANGES RELATING TO WATER CODE |
|
SECTION 17.001. Section 11.122(b-1), Water Code, as added |
|
by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 11.122(b-1), |
|
Water Code, as added by Chapter 429 (S.B. 1430), Acts of the 85th |
|
Legislature, Regular Session, 2017. |
|
SECTION 17.002. Section 54.016(a), Water Code, as amended |
|
by Chapters 761 (S.B. 1987) and 965 (S.B. 2014), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
(a) No land within the corporate limits of a city or within |
|
the extraterritorial jurisdiction of a city, shall be included in a |
|
district unless the city grants its written consent, by resolution |
|
or ordinance, to the inclusion of the land within the district in |
|
accordance with Section 42.042, Local Government Code, and this |
|
section. The request to a city for its written consent to the |
|
creation of a district, shall be signed by a majority in value of |
|
the holders of title of the land within the proposed district as |
|
indicated by the county tax rolls. A petition for the written |
|
consent of a city to the inclusion of land within a district shall |
|
describe the boundaries of the land to be included in the district |
|
by metes and bounds or by lot and block number, if there is a |
|
recorded map or plat and survey of the area, and state the general |
|
nature of the work proposed to be done, the necessity for the work, |
|
and the cost of the project as then estimated by those filing the |
|
petition. If, at the time a petition is filed with a city for |
|
creation of a district, the district proposes to connect to a city's |
|
water or sewer system or proposes to contract with a regional water |
|
and wastewater provider which has been designated as such by the |
|
commission as of the date such petition is filed, to which the city |
|
has made a capital contribution for the water and wastewater |
|
facilities serving the area, the proposed district shall be |
|
designated as a "city service district." If such proposed district |
|
does not meet the criteria for a city service district at the time |
|
the petition seeking creation is filed, such district shall be |
|
designated as a "noncity service district." The city's consent |
|
shall not place any restrictions or conditions on the creation of a |
|
noncity service district as defined by this chapter other than |
|
those expressly provided in Subsection (e) of this section and |
|
shall specifically not limit the amounts of the district's bonds. A |
|
city may not require annexation as a consent to creation of any |
|
district. A city shall not refuse to approve a district bond issue |
|
for any reason except that the district is not in compliance with |
|
valid consent requirements applicable to the district. If a city |
|
grants its written consent without the concurrence of the applicant |
|
to the creation of a noncity service district containing conditions |
|
or restrictions that the petitioning land owner or owners |
|
reasonably believe exceed the city's powers, such land owner or |
|
owners may petition the commission to create the district and to |
|
modify the conditions and restrictions of the city's consent. The |
|
commission may declare any provision of the consent to be null and |
|
void. The commission may approve the creation of a district that |
|
includes any portion of the land covered by the city's consent to |
|
creation of the district. The legislature may create and may |
|
validate the creation of a district that includes any portion of the |
|
land covered by the city's consent to the creation of the district. |
|
SECTION 17.003. Section 62.153, Water Code, as amended by |
|
Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th |
|
Legislature, Regular Session, 2017, is reenacted to read as |
|
follows: |
|
Sec. 62.153. DUTIES OF DISTRICT TREASURER; AUTHORITY OF |
|
DESIGNATED OFFICER. (a) The district treasurer shall: |
|
(1) open an account for all funds received by the |
|
district treasurer for the district and all district funds which |
|
the treasurer pays out; |
|
(2) pay out money on vouchers signed by the chairman of |
|
the commission, any two members of the commission, or the |
|
commissioners court, or any two of any number of persons delegated |
|
by the commission with authority to sign vouchers, provided that |
|
the commission may, in such delegation, limit the authority of such |
|
persons and may require that each furnish a fidelity bond in such |
|
amount as the commission shall specify and subject to commission |
|
approval; |
|
(3) carefully preserve all orders for the payment of |
|
money; |
|
(4) render a correct account to the commissioners |
|
court of all matters relating to the financial condition of the |
|
district as often as required by the commissioners court; and |
|
(5) not be required to sign a check drawn on a |
|
depository selected under Section 62.156, unless the district |
|
treasurer is the designated officer of the district, as defined by |
|
Section 60.271(g). |
|
(b) A designated officer of a district may make a payment on |
|
behalf of the district by a check drawn on a depository selected |
|
under Section 62.155 in a manner consistent with the payment |
|
procedures adopted under Section 60.271(f) without authorization |
|
by the district treasurer. |
|
ARTICLE 18. CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL |
|
STATUTES |
|
SECTION 18.001. (a) Chapter 2101, Government Code, is |
|
amended to codify Chapter 817 (S.B. 127), Acts of the 73rd |
|
Legislature, Regular Session, 1993 (Article 4413(34e), Vernon's |
|
Texas Civil Statutes), by adding Subchapter D to read as follows: |
|
SUBCHAPTER D. FINANCIAL REPORTING BY CERTAIN FUNDS AND TRUST |
|
ACCOUNTS |
|
Sec. 2101.051. DEFINITION. In this subchapter, |
|
"economically targeted investment" means an investment in which at |
|
least 50 percent of the total investment is allocated to economic |
|
development within this state or investment in businesses or |
|
entities located within this state. (V.A.C.S. Art. 4413(34e), Sec. |
|
4.) |
|
Sec. 2101.052. APPLICABILITY OF SUBCHAPTER. The |
|
requirements of this subchapter apply only to: |
|
(1) the permanent school fund; |
|
(2) the permanent university fund; |
|
(3) the Teacher Retirement System of Texas trust fund; |
|
and |
|
(4) each trust account administered by the Employees |
|
Retirement System of Texas. (V.A.C.S. Art. 4413(34e), Sec. 1.) |
|
Sec. 2101.053. REPORT DEADLINE; CONTENT OF REPORT. (a) The |
|
manager of each fund or account to which this subchapter applies |
|
shall submit to the governor, the lieutenant governor, the speaker |
|
of the house of representatives, and the executive director of the |
|
State Pension Review Board: |
|
(1) not later than January 25 of each year, a report |
|
with the information required by Subsection (b) covering the last |
|
six months of the previous calendar year; and |
|
(2) not later than June 25 of each year, a report with |
|
the information required by Subsection (b) covering the first six |
|
months of that calendar year. |
|
(b) Each report submitted under Subsection (a) must include |
|
the following: |
|
(1) the number of beneficiaries of the fund or |
|
account; |
|
(2) the name of each individual responsible for |
|
administering the fund or account and the discretionary investment |
|
authority granted to the individual; |
|
(3) the investment objectives of the fund or account; |
|
(4) the current end-of-month market value of the fund |
|
or account; |
|
(5) the current book value of the fund or account; |
|
(6) the names and amounts of the 10 largest stock |
|
holdings of the fund or account and the investment performance of |
|
those stock holdings during the last 12-month period; |
|
(7) the asset allocations of the fund or account |
|
expressed in percentages of stocks, fixed income, real estate, |
|
cash, or other financial investments; and |
|
(8) the names and amounts of all investments made by |
|
the fund or account in economically targeted investments. (V.A.C.S. |
|
Art. 4413(34e), Secs. 2, 3.) |
|
Sec. 2101.054. EFFECT OF SUBCHAPTER. This subchapter does |
|
not diminish, impair, contradict, or affect the duties, powers, or |
|
authorities granted or imposed on a governing board of a fund or |
|
account listed in Section 2101.052 by the constitution or laws of |
|
this state. (V.A. |
|
C.S. Art. 4413(34e), Sec. 5.) |
|
(b) Chapter 817 (S.B. 127), Acts of the 73rd Legislature, |
|
Regular Session, 1993 (Article 4413(34e), Vernon's Texas Civil |
|
Statutes), is repealed. |
|
SECTION 18.002. (a) Title 13, Local Government Code, is |
|
amended to codify Article 1175, Revised Statutes, by adding |
|
Subtitle D to read as follows: |
|
SUBTITLE D. POWERS OF COUNTIES OR MUNICIPALITIES OVER UTILITIES |
|
GENERALLY |
|
CHAPTER 590. POWERS OF MUNICIPALITIES OVER UTILITIES |
|
Sec. 590.0001. POWERS OF HOME-RULE MUNICIPALITIES RELATING |
|
TO UTILITIES. Except as otherwise provided by state law enacted |
|
after the Revised Statutes of 1925 (S.B. 84, Acts of the 39th |
|
Legislature, Regular Session, 1925) or by federal law: |
|
(1) a home-rule municipality may: |
|
(A) prohibit the use of any street, alley, |
|
highway, or grounds of the municipality by any telegraph, |
|
telephone, electric light, street railway, interurban railway, |
|
steam railway, gas company, or any other character of public |
|
utility without first obtaining the consent of the governing |
|
authorities expressed by ordinance and on paying such compensation |
|
as may be prescribed and on such condition as may be provided by any |
|
such ordinance; and |
|
(B) determine, fix, and regulate the charges, |
|
fares, or rates of any person, firm, or corporation enjoying or that |
|
may enjoy the franchise or exercising any other public privilege in |
|
said municipality and prescribe the kind of service to be furnished |
|
by such person, firm, or corporation, and the manner in which it |
|
shall be rendered, and from time to time alter or change such rules, |
|
regulations, and compensation; provided that in adopting such |
|
regulations and in fixing or changing such compensation, or |
|
determining the reasonableness thereof, no stock or bonds |
|
authorized or issued by any corporation enjoying the franchise |
|
shall be considered unless proof that the same have been actually |
|
issued by the corporation for money paid and used for the |
|
development of the corporate property, labor done, or property |
|
actually received in accordance with the laws and constitution of |
|
this state applicable thereto; |
|
(2) in order to ascertain all facts necessary for a |
|
proper understanding of what is or should be a reasonable rate or |
|
regulation, the governing authority shall have full power to |
|
inspect the books and compel the attendance of witnesses for such |
|
purpose; |
|
(3) provided that in any municipality with a |
|
population of more than 25,000, the governing body of such |
|
municipality, when the public service of such municipality may |
|
require the same, shall have the right and power to compel any |
|
street railway or other public utility corporation to extend its |
|
lines of service into any section of said municipality not to exceed |
|
two miles, all told, in any one year; and |
|
(4) whenever any municipality may determine to acquire |
|
any public utility using and occupying its streets, alleys, and |
|
avenues as hereinbefore provided, and it shall be necessary to |
|
condemn the said public utility, the municipality may obtain funds |
|
for the purpose of acquiring the said public utility and paying the |
|
compensation therefor, by issuing bonds, notes, or other evidence |
|
of indebtedness and shall secure the same by fixing a lien on the |
|
said properties constituting the said public utility so acquired by |
|
condemnation or purchase or otherwise; said security shall apply |
|
alone to said properties so pledged; and such further regulations |
|
may be provided by any charter for the proper financing or raising |
|
the revenue necessary for obtaining any public utilities and |
|
providing for the fixing of said security. |
|
(b) Section 341.081, Health and Safety Code, is amended to |
|
read as follows: |
|
Sec. 341.081. AUTHORITY OF HOME-RULE MUNICIPALITIES NOT |
|
AFFECTED. This chapter prescribes the minimum requirements of |
|
sanitation and health protection in this state and does not affect a |
|
home-rule municipality's authority to enact: |
|
(1) more stringent ordinances in matters relating to |
|
this chapter; or |
|
(2) an ordinance under: |
|
(A) Section 5, Article XI, [Section V, of the] |
|
Texas Constitution; or |
|
(B) [Article 1175, Revised Statutes; or
|
|
[(C)] Section 51.072 or 590.0001, Local |
|
Government Code. |
|
(c) Section 438.037, Health and Safety Code, is amended to |
|
read as follows: |
|
Sec. 438.037. MUNICIPAL ORDINANCES. This subchapter does |
|
not affect the authority granted under Section 5, Article XI, |
|
[Section 5, of the] Texas Constitution, [Article 1175, Revised
|
|
Statutes,] Subchapter F of this chapter, and the applicable |
|
chapters of the Local Government Code to a Type A general-law |
|
municipality or a home-rule municipality to adopt an ordinance |
|
relating to this subchapter. |
|
(d) Article 1175, Revised Statutes, is repealed. |
|
(e) The heading to Chapter 13, Revised Statutes, is |
|
repealed. |
|
SECTION 18.003. (a) Chapter 2021, Occupations Code, as |
|
effective April 1, 2019, is amended to codify Section 6, Chapter 19 |
|
(S.B. 15), Acts of the 69th Legislature, 2nd Called Session, 1986 |
|
(Article 179e-2, Vernon's Texas Civil Statutes), by adding Section |
|
2021.009 to read as follows: |
|
Sec. 2021.009. PROHIBITED USE OF STATE APPROPRIATED FUNDS. |
|
This subtitle prohibits the use of state appropriated funds for |
|
capital improvements to racetracks or for interest payments on such |
|
facilities except for racetracks that were publicly owned on |
|
September 1, 1986. |
|
(b) Section 6, Chapter 19 (S.B. 15), Acts of the 69th |
|
Legislature, 2nd Called Session, 1986 (Article 179e-2, Vernon's |
|
Texas Civil Statutes), is repealed. |
|
SECTION 18.004. (a) Section 6, Chapter 355 (H.B. 417), |
|
General Laws, Acts of the 44th Legislature, Regular Session, 1935 |
|
(Article 6819d, Vernon's Texas Civil Statutes), is repealed as |
|
executed. |
|
(b) The heading to Title 117, Revised Statutes, is repealed. |
|
ARTICLE 19. CONFORMING CHANGES RELATING TO THE ABOLISHMENT OF THE |
|
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS |
|
SECTION 19.001. Section 22.056, Business Organizations |
|
Code, is amended to read as follows: |
|
Sec. 22.056. HEALTH ORGANIZATION CORPORATION. (a) Doctors |
|
of medicine and osteopathy licensed by the Texas Medical Board, |
|
podiatrists licensed by the Texas Department of Licensing and |
|
Regulation [State Board of Podiatric Medical Examiners], and |
|
chiropractors licensed by the Texas Board of Chiropractic Examiners |
|
may form a corporation that is jointly owned, managed, and |
|
controlled by those practitioners to perform a professional service |
|
that falls within the scope of practice of those practitioners and |
|
consists of: |
|
(1) carrying out research in the public interest in |
|
medical science, medical economics, public health, sociology, or a |
|
related field; |
|
(2) supporting medical education in medical schools |
|
through grants or scholarships; |
|
(3) developing the capabilities of individuals or |
|
institutions studying, teaching, or practicing medicine, including |
|
podiatric medicine, or chiropractic; |
|
(4) delivering health care to the public; or |
|
(5) instructing the public regarding medical science, |
|
public health, hygiene, or a related matter. |
|
(b) When doctors of medicine, osteopathy, podiatry, and |
|
chiropractic form a corporation that is jointly owned by those |
|
practitioners, the authority of each of the practitioners is |
|
limited by the scope of practice of the respective practitioners |
|
and none can exercise control over the other's clinical authority |
|
granted by their respective licenses, either through agreements, |
|
the certificate of formation or bylaws of the corporation, |
|
directives, financial incentives, or other arrangements that would |
|
assert control over treatment decisions made by the practitioner. |
|
The Texas Medical Board, the Texas Department of Licensing and |
|
Regulation [State Board of Podiatric Medical Examiners], and the |
|
Texas Board of Chiropractic Examiners continue to exercise |
|
regulatory authority over their respective licenses. |
|
SECTION 19.002. Sections 152.055(a) and (c), Business |
|
Organizations Code, are amended to read as follows: |
|
(a) Persons licensed as doctors of medicine and persons |
|
licensed as doctors of osteopathy by the Texas Medical Board, |
|
persons licensed as podiatrists by the Texas Department of |
|
Licensing and Regulation [State Board of Podiatric Medical
|
|
Examiners], and persons licensed as chiropractors by the Texas |
|
Board of Chiropractic Examiners may create a partnership that is |
|
jointly owned by those practitioners to perform a professional |
|
service that falls within the scope of practice of those |
|
practitioners. |
|
(c) The Texas Medical Board, the Texas Department of |
|
Licensing and Regulation [State Board of Podiatric Medical
|
|
Examiners], and the Texas Board of Chiropractic Examiners continue |
|
to exercise regulatory authority over their respective licenses. |
|
SECTION 19.003. Section 301.012(a), Business Organizations |
|
Code, is amended to read as follows: |
|
(a) Persons licensed as doctors of medicine and persons |
|
licensed as doctors of osteopathy by the Texas Medical Board, |
|
persons licensed as podiatrists by the Texas Department of |
|
Licensing and Regulation [State Board of Podiatric Medical
|
|
Examiners], and persons licensed as chiropractors by the Texas |
|
Board of Chiropractic Examiners may jointly form and own a |
|
professional association or a professional limited liability |
|
company to perform professional services that fall within the scope |
|
of practice of those practitioners. |
|
SECTION 19.004. Section 411.122(d), Government Code, is |
|
amended to read as follows: |
|
(d) The following state agencies are subject to this |
|
section: |
|
(1) Texas Appraiser Licensing and Certification |
|
Board; |
|
(2) Texas Board of Architectural Examiners; |
|
(3) Texas Board of Chiropractic Examiners; |
|
(4) State Board of Dental Examiners; |
|
(5) Texas Board of Professional Engineers; |
|
(6) Texas Funeral Service Commission; |
|
(7) Texas Board of Professional Geoscientists; |
|
(8) Health and Human Services Commission [Department
|
|
of State Health Services], except as provided by Section 411.110, |
|
and agencies attached to the commission [department], including: |
|
(A) Texas State Board of Examiners of Marriage |
|
and Family Therapists; |
|
(B) Texas State Board of Examiners of |
|
Professional Counselors; and |
|
(C) Texas State Board of Social Worker Examiners; |
|
(9) Texas Board of Professional Land Surveying; |
|
(10) Texas Department of Licensing and Regulation, |
|
except as provided by Section 411.093; |
|
(11) Texas Commission on Environmental Quality; |
|
(12) Texas Board of Occupational Therapy Examiners; |
|
(13) Texas Optometry Board; |
|
(14) Texas State Board of Pharmacy; |
|
(15) Texas Board of Physical Therapy Examiners; |
|
(16) Texas State Board of Plumbing Examiners; |
|
(17) [Texas State Board of Podiatric Medical
|
|
Examiners;
|
|
[(18)] Texas State Board of Examiners of |
|
Psychologists; |
|
(18) [(19)] Texas Real Estate Commission; |
|
(19) [(20)] Texas Department of Transportation; |
|
(20) [(21)] State Board of Veterinary Medical |
|
Examiners; |
|
(21) [(22)] Texas Department of Housing and Community |
|
Affairs; |
|
(22) [(23)] secretary of state; |
|
(23) [(24)] state fire marshal; |
|
(24) [(25)] Texas Education Agency; |
|
(25) [(26)] Department of Agriculture; and |
|
(26) [(27)] Texas Department of Motor Vehicles. |
|
SECTION 19.005. Section 2054.2606(a), Government Code, is |
|
amended to read as follows: |
|
(a) The following licensing entities shall establish a |
|
profile system consisting of the specific license holder |
|
information prescribed by Subsection (c): |
|
(1) Texas Board of Chiropractic Examiners, with |
|
respect to chiropractors; |
|
(2) Texas Department of Licensing and Regulation |
|
[State Board of Podiatric Medical Examiners], with respect to |
|
podiatrists; |
|
(3) State Board of Dental Examiners, with respect to |
|
dentists; |
|
(4) Texas Optometry Board, with respect to |
|
optometrists and therapeutic optometrists; |
|
(5) Texas Board of Physical Therapy Examiners, with |
|
respect to physical therapists and physical therapy facilities; |
|
(6) Texas Board of Occupational Therapy Examiners, |
|
with respect to occupational therapists and occupational therapy |
|
facilities; |
|
(7) Texas State Board of Examiners of Psychologists, |
|
with respect to psychologists; and |
|
(8) Texas State Board of Pharmacy, with respect to |
|
pharmacists and pharmacies. |
|
SECTION 19.006. Section 2054.352(a), Government Code, is |
|
amended to read as follows: |
|
(a) The following licensing entities shall participate in |
|
the system established under Section 2054.353: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) Judicial Branch Certification Commission; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Funeral Service Commission; |
|
(5) Texas Board of Professional Land Surveying; |
|
(6) Texas Medical Board; |
|
(7) Texas Board of Nursing; |
|
(8) Texas Optometry Board; |
|
(9) Department of Agriculture, for licenses issued |
|
under Chapter 1951, Occupations Code; |
|
(10) Texas State Board of Pharmacy; |
|
(11) Executive Council of Physical Therapy and |
|
Occupational Therapy Examiners; |
|
(12) Texas State Board of Plumbing Examiners; |
|
(13) [Texas State Board of Podiatric Medical
|
|
Examiners;
|
|
[(14)] Texas State Board of Examiners of |
|
Psychologists; |
|
(14) [(15)] State Board of Veterinary Medical |
|
Examiners; |
|
(15) [(16)] Texas Real Estate Commission; |
|
(16) [(17)] Texas Appraiser Licensing and |
|
Certification Board; |
|
(17) [(18)] Texas Department of Licensing and |
|
Regulation; |
|
(18) [(19)] Texas State Board of Public Accountancy; |
|
(19) [(20)] State Board for Educator Certification; |
|
(20) [(21)] Texas Board of Professional Engineers; |
|
(21) Health and Human Services Commission |
|
[(22) Department of State Health Services]; |
|
(22) [(23)] Texas Board of Architectural Examiners; |
|
(23) [(24)] Texas Racing Commission; |
|
(24) [(25)] Texas Commission on Law Enforcement; and |
|
(25) [(26)] Texas Private Security Board. |
|
SECTION 19.007. Section 241.003(13), Health and Safety |
|
Code, is amended to read as follows: |
|
(13) "Podiatrist" means a podiatrist licensed by the |
|
Texas Department of Licensing and Regulation [State Board of
|
|
Podiatric Medical Examiners]. |
|
SECTION 19.008. Section 401.064(f), Health and Safety Code, |
|
is amended to read as follows: |
|
(f) In adopting rules under this section relating to the |
|
inspection of medical, podiatric medical, dental, veterinary, and |
|
chiropractic electronic products, the executive commissioner shall |
|
solicit and follow the recommendations of the State Board of Dental |
|
Examiners for the inspections of dental electronic products, the |
|
Texas Department of Licensing and Regulation [State Board of
|
|
Podiatric Medical Examiners] for the inspection of podiatric |
|
medical electronic products, the Texas Medical Board for the |
|
inspection of medical electronic products, the State Board of |
|
Veterinary Medical Examiners for the inspection of medical |
|
electronic products used in the practice of veterinary medicine, |
|
and the Texas Board of Chiropractic Examiners for the inspection of |
|
chiropractic electronic products, unless in conflict with federal |
|
statutes or federal rules. |
|
SECTION 19.009. Section 481.076(a), Health and Safety Code, |
|
is amended to read as follows: |
|
(a) The board may not permit any person to have access to |
|
information submitted to the board under Section 481.074(q) or |
|
481.075 except: |
|
(1) the board, the Texas Medical Board, the Texas |
|
Department of Licensing and Regulation, with respect to the |
|
regulation of podiatrists [State Board of Podiatric Medical
|
|
Examiners], the State Board of Dental Examiners, the State Board of |
|
Veterinary Medical Examiners, the Texas Board of Nursing, or the |
|
Texas Optometry Board for the purpose of: |
|
(A) investigating a specific license holder; or |
|
(B) monitoring for potentially harmful |
|
prescribing or dispensing patterns or practices under Section |
|
481.0762; |
|
(2) an authorized officer or member of the department |
|
or authorized employee of the board engaged in the administration, |
|
investigation, or enforcement of this chapter or another law |
|
governing illicit drugs in this state or another state; |
|
(3) the department on behalf of a law enforcement or |
|
prosecutorial official engaged in the administration, |
|
investigation, or enforcement of this chapter or another law |
|
governing illicit drugs in this state or another state; |
|
(4) a medical examiner conducting an investigation; |
|
(5) provided that accessing the information is |
|
authorized under the Health Insurance Portability and |
|
Accountability Act of 1996 (Pub. L. No. 104-191) and regulations |
|
adopted under that Act: |
|
(A) a pharmacist or a pharmacy technician, as |
|
defined by Section 551.003, Occupations Code, acting at the |
|
direction of a pharmacist; or |
|
(B) a practitioner who: |
|
(i) is a physician, dentist, veterinarian, |
|
podiatrist, optometrist, or advanced practice nurse or is a |
|
physician assistant described by Section 481.002(39)(D) or an |
|
employee or other agent of a practitioner acting at the direction of |
|
a practitioner; and |
|
(ii) is inquiring about a recent Schedule |
|
II, III, IV, or V prescription history of a particular patient of |
|
the practitioner; |
|
(6) a pharmacist or practitioner who is inquiring |
|
about the person's own dispensing or prescribing activity; or |
|
(7) one or more states or an association of states with |
|
which the board has an interoperability agreement, as provided by |
|
Subsection (j). |
|
SECTION 19.010. Section 483.001(12), Health and Safety |
|
Code, is amended to read as follows: |
|
(12) "Practitioner" means: |
|
(A) a person licensed by: |
|
(i) the Texas Medical Board, State Board of |
|
Dental Examiners, [Texas State Board of Podiatric Medical
|
|
Examiners,] Texas Optometry Board, or State Board of Veterinary |
|
Medical Examiners to prescribe and administer dangerous drugs; or |
|
(ii) the Texas Department of Licensing and |
|
Regulation, with respect to podiatry, to prescribe and administer |
|
dangerous drugs; |
|
(B) a person licensed by another state in a |
|
health field in which, under the laws of this state, a licensee may |
|
legally prescribe dangerous drugs; |
|
(C) a person licensed in Canada or Mexico in a |
|
health field in which, under the laws of this state, a licensee may |
|
legally prescribe dangerous drugs; or |
|
(D) an advanced practice registered nurse or |
|
physician assistant to whom a physician has delegated the authority |
|
to prescribe or order a drug or device under Section 157.0511, |
|
157.0512, or 157.054, Occupations Code. |
|
SECTION 19.011. Section 843.311, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 843.311. CONTRACTS WITH PODIATRISTS. A contract |
|
between a health maintenance organization and a podiatrist licensed |
|
by the Texas Department of Licensing and Regulation [State Board of
|
|
Podiatric Medical Examiners] must provide that: |
|
(1) the podiatrist may request, and the health |
|
maintenance organization shall provide not later than the 30th day |
|
after the date of the request, a copy of the coding guidelines and |
|
payment schedules applicable to the compensation that the |
|
podiatrist will receive under the contract for services; |
|
(2) the health maintenance organization may not |
|
unilaterally make material retroactive revisions to the coding |
|
guidelines and payment schedules; and |
|
(3) the podiatrist may, while practicing within the |
|
scope of the law regulating podiatry, provide x-rays and |
|
nonprefabricated orthotics covered by the evidence of coverage. |
|
SECTION 19.012. Section 843.319, Insurance Code, is amended |
|
to read as follows: |
|
Sec. 843.319. CERTAIN REQUIRED CONTRACTS. Notwithstanding |
|
Section 843.304, a health maintenance organization may not deny a |
|
contract to a podiatrist licensed by the Texas Department of |
|
Licensing and Regulation [State Board of Podiatric Medical
|
|
Examiners] who joins the professional practice of a contracted |
|
physician or provider, satisfies the application procedures of the |
|
health maintenance organization, and meets the qualification and |
|
credentialing requirements for contracting with the health |
|
maintenance organization. |
|
SECTION 19.013. Section 1301.0521(a), Insurance Code, is |
|
amended to read as follows: |
|
(a) Notwithstanding Section 1301.051, an insurer may not |
|
withhold the designation of preferred provider to a podiatrist |
|
licensed by the Texas Department of Licensing and Regulation [State
|
|
Board of Podiatric Medical Examiners] who: |
|
(1) joins the professional practice of a contracted |
|
preferred provider; |
|
(2) applies to the insurer for designation as a |
|
preferred provider; and |
|
(3) complies with the terms and conditions of |
|
eligibility to be a preferred provider. |
|
SECTION 19.014. Section 1301.062, Insurance Code, is |
|
amended to read as follows: |
|
Sec. 1301.062. PREFERRED PROVIDER CONTRACTS BETWEEN |
|
INSURERS AND PODIATRISTS. A preferred provider contract between an |
|
insurer and a podiatrist licensed by the Texas Department of |
|
Licensing and Regulation [State Board of Podiatric Medical
|
|
Examiners] must provide that: |
|
(1) the podiatrist may request a copy of the coding |
|
guidelines and payment schedules applicable to the compensation |
|
that the podiatrist will receive under the contract for services; |
|
(2) the insurer shall provide a copy of the coding |
|
guidelines and payment schedules not later than the 30th day after |
|
the date of the podiatrist's request; |
|
(3) the insurer may not unilaterally make material |
|
retroactive revisions to the coding guidelines and payment |
|
schedules; and |
|
(4) the podiatrist may, practicing within the scope of |
|
the law regulating podiatry, furnish x-rays and nonprefabricated |
|
orthotics covered by the health insurance policy. |
|
SECTION 19.015. Section 1451.001(17), Insurance Code, is |
|
amended to read as follows: |
|
(17) "Podiatrist" means an individual licensed to |
|
practice podiatry by the Texas Department of Licensing and |
|
Regulation [State Board of Podiatric Medical Examiners]. |
|
SECTION 19.016. Section 1452.153, Insurance Code, is |
|
amended to read as follows: |
|
Sec. 1452.153. ELIGIBILITY REQUIREMENTS. To qualify for |
|
expedited credentialing under this subchapter and payment under |
|
Section 1452.154, an applicant podiatrist must: |
|
(1) be licensed as a podiatrist in this state by, and |
|
be in good standing with, the Texas Department of Licensing and |
|
Regulation [State Board of Podiatric Medical Examiners]; |
|
(2) submit all documentation and other information |
|
required by the issuer of the managed care plan as necessary to |
|
enable the issuer to begin the credentialing process required by |
|
the issuer to include a podiatrist in the issuer's health benefit |
|
plan network; and |
|
(3) agree to comply with the terms of the managed care |
|
plan's participating provider contract currently in force with the |
|
applicant podiatrist's established professional practice. |
|
SECTION 19.017. Section 56.002, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 56.002. APPLICABILITY. This chapter applies only to |
|
the following licensing authorities: |
|
(1) Texas Board of Chiropractic Examiners; |
|
(2) State Board of Dental Examiners; |
|
(3) Texas Department of Licensing and Regulation, with |
|
respect to the department's authority to regulate podiatrists |
|
[State Board of Podiatric Medical Examiners]; and |
|
(4) Texas Medical [State] Board [of Medical
|
|
Examiners]. |
|
SECTION 19.018. Section 101.002, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 101.002. COMPOSITION OF COUNCIL. The council consists |
|
of 14 members, with one member appointed by each of the following: |
|
(1) the Texas Board of Chiropractic Examiners; |
|
(2) the State Board of Dental Examiners; |
|
(3) the Texas Optometry Board; |
|
(4) the Texas State Board of Pharmacy; |
|
(5) the Texas Department of Licensing and Regulation |
|
[State Board of Podiatric Medical Examiners]; |
|
(6) the State Board of Veterinary Medical Examiners; |
|
(7) the Texas Medical Board; |
|
(8) the Texas Board of Nursing; |
|
(9) the Texas State Board of Examiners of |
|
Psychologists; |
|
(10) the Texas Funeral Service Commission; |
|
(11) the entity that regulates the practice of |
|
physical therapy; |
|
(12) the entity that regulates the practice of |
|
occupational therapy; |
|
(13) the health licensing division of the Health and |
|
Human Services Commission [Department of State Health Services]; |
|
and |
|
(14) the governor's office. |
|
SECTION 19.019. Section 104.003(g), Occupations Code, is |
|
amended to read as follows: |
|
(g) A person who is licensed by the Texas Department of |
|
Licensing and Regulation to practice podiatry [State Board of
|
|
Podiatric Medical Examiners] shall use: |
|
(1) chiropodist; |
|
(2) doctor, D.S.C.; |
|
(3) doctor of surgical chiropody; |
|
(4) D.S.C.; |
|
(5) podiatrist; |
|
(6) doctor, D.P.M.; |
|
(7) doctor of podiatric medicine; or |
|
(8) D.P.M. |
|
SECTION 19.020. Section 601.251, Occupations Code, is |
|
amended to read as follows: |
|
Sec. 601.251. APPLICABILITY. This subchapter applies to |
|
the: |
|
(1) Texas Board of Nursing; |
|
(2) Texas Board of Chiropractic Examiners; |
|
(3) State Board of Dental Examiners; |
|
(4) Texas Medical Board; |
|
(5) Texas Department of Licensing and Regulation, with |
|
respect to the department's authority to regulate podiatrists |
|
[State Board of Podiatric Medical Examiners]; and |
|
(6) Texas Physician Assistant Board. |
|
ARTICLE 20. NONSUBSTANTIVE REVISION OF CHAPTER 10, CODE OF |
|
CRIMINAL PROCEDURE: PROVISIONS RELATING TO REMOVAL OF HIGHWAY |
|
OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION |
|
SECTION 20.001. Subtitle Z, Title 6, Transportation Code, |
|
is amended by adding Chapter 473 to read as follows: |
|
CHAPTER 473. REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF |
|
CRIMINAL PROSECUTION |
|
Sec. 473.001. ORDER TO REMOVE HIGHWAY OBSTRUCTION. (a) |
|
After a criminal prosecution begins against a person for |
|
obstructing a highway, any person, in behalf of the public, may |
|
apply to the county judge of the county in which the highway is |
|
located for an order to remove the obstruction. |
|
(b) On hearing proof regarding an application to remove an |
|
obstruction, the county judge, either in term time or in vacation, |
|
may issue to the sheriff or other proper officer of the county a |
|
written order directing that officer to remove the obstruction. |
|
(Code Crim. Proc., Art. 10.01 (part).) |
|
Sec. 473.002. BOND REQUIRED. (a) Before an order may be |
|
issued under Section 473.001, the applicant for the order must give |
|
bond with security to indemnify the defendant, in case of the |
|
defendant's acquittal, for any loss sustained by the defendant. |
|
(b) The amount of the bond must be set by the county judge. |
|
(c) The bond must be approved by the county judge and shall |
|
be filed with the papers in the case. (Code Crim. Proc., Art. 10.01 |
|
(part).) |
|
Sec. 473.003. DEFENDANT'S RECOVERY OF BOND AMOUNT ON |
|
ACQUITTAL. (a) If the defendant is acquitted in the criminal case |
|
described by Section 473.001(a), the defendant may maintain a civil |
|
action against the applicant and the applicant's sureties on the |
|
bond. |
|
(b) The defendant may recover the full amount of the bond, |
|
or an amount of damages that is less than the amount of the bond, as |
|
may be assessed by a court or jury, if the defendant shows at trial |
|
that, at the time the defendant placed the obstruction, the |
|
obstruction was located on the defendant's own property or on |
|
property in the defendant's lawful possession and not on a public |
|
highway established by proper authority. (Code Crim. Proc., Art. |
|
10.02.) |
|
Sec. 473.004. REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION. |
|
On the conviction of a defendant for obstructing a public highway, |
|
if the obstruction still exists, the court shall order the sheriff |
|
or other proper officer to immediately remove the obstruction at |
|
the defendant's cost, to be imposed and collected as other costs in |
|
the case. (Code Crim. Proc., Art. 10.03.) |
|
SECTION 20.002. Chapter 10, Code of Criminal Procedure, is |
|
repealed. |
|
ARTICLE 21. REDESIGNATIONS |
|
SECTION 21.001. The following provisions of enacted codes |
|
are redesignated to eliminate duplicate citations: |
|
(1) Article 2.023, Code of Criminal Procedure, as |
|
added by Chapter 686 (H.B. 34), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Article 2.024, Code of |
|
Criminal Procedure. |
|
(2) Subsection (d), Article 2.13, Code of Criminal |
|
Procedure, as added by Chapter 34 (S.B. 1576), Acts of the 85th |
|
Legislature, Regular Session, 2017, is redesignated as Subsection |
|
(f), Article 2.13, Code of Criminal Procedure. |
|
(3) Section 12, Article 42.01, Code of Criminal |
|
Procedure, as added by Chapter 443 (S.B. 500), Acts of the 85th |
|
Legislature, Regular Session, 2017, is redesignated as Section 13, |
|
Article 42.01, Code of Criminal Procedure. |
|
(4) Subsection (b), Article 42A.511, Code of Criminal |
|
Procedure, as added by Chapter 739 (S.B. 1232), Acts of the 85th |
|
Legislature, Regular Session, 2017, is redesignated as Subsection |
|
(c), Article 42A.511, Code of Criminal Procedure. |
|
(5) Subsection (f), Section 25.081, Education Code, as |
|
added by Chapter 1144 (H.B. 441), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (g), Section |
|
25.081, Education Code. |
|
(6) Subsection (b-1), Section 28.009, Education Code, |
|
as added by Chapter 729 (S.B. 1091), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (b-3), Section |
|
28.009, Education Code. |
|
(7) Subsection (a-2), Section 42.006, Education Code, |
|
as added by Chapter 916 (S.B. 1404), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (a-5), Section |
|
42.006, Education Code. |
|
(8) Section 130.0828, Education Code, as added by |
|
Chapter 181 (S.B. 286), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 130.08285, Education |
|
Code. |
|
(9) Subchapter L, Chapter 130, Education Code, as |
|
added by Chapter 510 (H.B. 2994), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subchapter M, Chapter |
|
130, Education Code, and Sections 130.301, 130.302, 130.303, |
|
130.304, and 130.305, Education Code, as added by that Act, are |
|
redesignated as Sections 130.351, 130.352, 130.353, 130.354, and |
|
130.355, Education Code, respectively. |
|
(10) Section 63.0013, Election Code, as added by |
|
Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 63.0015, Election Code. |
|
(11) Section 276.011, Election Code, as added by |
|
Chapter 828 (H.B. 1735), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 276.012, Election Code. |
|
(12) Section 261.004, Family Code, as added by Chapter |
|
316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, |
|
is redesignated as Section 261.005, Family Code. |
|
(13) Subsection (j), Section 261.301, Family Code, as |
|
added by Chapter 356 (H.B. 2124), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (k), Section |
|
261.301, Family Code. |
|
(14) Section 261.3017, Family Code, as added by |
|
Chapter 523 (S.B. 190), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 261.3018, Family Code. |
|
(15) Section 262.013, Family Code, as added by Chapter |
|
910 (S.B. 999), Acts of the 85th Legislature, Regular Session, |
|
2017, is redesignated as Section 262.015, Family Code. |
|
(16) Section 264.1211, Family Code, as added by |
|
Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 264.1212, Family Code. |
|
(17) Section 264.1211, Family Code, as added by |
|
Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 264.1213, Family Code. |
|
(18) Section 264.2042, Family Code, as added by |
|
Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 264.2044, Family Code. |
|
(19) Chapter 280, Finance Code, as added by Chapter |
|
376 (H.B. 3921), Acts of the 85th Legislature, Regular Session, |
|
2017, is redesignated as Chapter 281, Finance Code, and Sections |
|
280.001, 280.002, 280.003, 280.004, 280.005, and 280.006, Finance |
|
Code, as added by that Act, are redesignated as Sections 281.001, |
|
281.002, 281.003, 281.004, 281.005, and 281.006, Finance Code, |
|
respectively. |
|
(20) Subsection (k), Section 53.001, Government Code, |
|
as added by Chapter 972 (S.B. 2174), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (m), Section |
|
53.001, Government Code. |
|
(21) Subchapter D, Chapter 155, Government Code, as |
|
added by Chapter 715 (S.B. 36), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subchapter F, Chapter |
|
155, Government Code, and Sections 155.151, 155.152, 155.153, and |
|
155.154, Government Code, as added by that Act, are redesignated as |
|
Sections 155.251, 155.252, 155.253, and 155.254, Government Code, |
|
respectively. |
|
(22) Section 434.024, Government Code, as added by |
|
Chapter 387 (S.B. 588), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 434.025, Government Code. |
|
(23) Section 442.019, Government Code, as added by |
|
Chapter 838 (H.B. 2079), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 442.0195, Government |
|
Code. |
|
(24) Section 531.0999, Government Code, as added by |
|
Chapter 561 (S.B. 578), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 531.0925, Government |
|
Code. |
|
(25) Section 531.0999, Government Code, as added by |
|
Chapter 770 (H.B. 13), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 531.0991, Government |
|
Code. |
|
(26) Section 662.065, Government Code, as added by |
|
Chapter 1139 (H.B. 297), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 662.067, Government Code. |
|
(27) Section 662.065, Government Code, as added by |
|
Chapter 692 (H.B. 208), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 662.068, Government Code. |
|
(28) Section 662.065, Government Code, as added by |
|
Chapter 1133 (H.B. 210), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 662.069, Government Code. |
|
(29) Section 662.065, Government Code, as added by |
|
Chapter 1002 (H.B. 1254), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 662.070, Government Code. |
|
(30) Section 772.0073, Government Code, as added by |
|
Chapter 188 (S.B. 12), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 772.0075, Government |
|
Code. |
|
(31) Section 772.0073, Government Code, as added by |
|
Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular Session, |
|
2017, is redesignated as Section 772.0076, Government Code. |
|
(32) Section 810.002, Government Code, as added by |
|
Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 810.003, Government Code. |
|
(33) Subchapter F, Chapter 2252, Government Code, as |
|
added by Chapter 597 (S.B. 1289), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subchapter G, Chapter |
|
2252, Government Code. |
|
(34) Section 2256.0206, Government Code, as added by |
|
Chapter 344 (H.B. 1472), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 2256.0207, Government |
|
Code. |
|
(35) Chapter 2270, Government Code, as added by |
|
Chapter 1 (H.B. 89), Acts of the 85th Legislature, Regular Session, |
|
2017, is redesignated as Chapter 2271, Government Code, and |
|
Sections 2270.001 and 2270.002, Government Code, as added by that |
|
Act, are redesignated as Sections 2271.001 and 2271.002, Government |
|
Code, respectively. |
|
(36) Section 191.009, Health and Safety Code, as added |
|
by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 191.010, Health and |
|
Safety Code. |
|
(37) Subsection (a-1), Section 364.011, Health and |
|
Safety Code, as added by Chapter 70 (S.B. 1229), Acts of the 85th |
|
Legislature, Regular Session, 2017, is redesignated as Subsection |
|
(a-2), Section 364.011, Health and Safety Code. |
|
(38) Subsection (n), Section 1701.253, Occupations |
|
Code, as added by Chapter 513 (S.B. 30), Acts of the 85th |
|
Legislature, Regular Session, 2017, is redesignated as Subsection |
|
(o), Section 1701.253, Occupations Code. |
|
(39) Subsection (b-2), Section 22.01, Penal Code, as |
|
added by Chapter 34 (S.B. 1576), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subsection (b-3), Section |
|
22.01, Penal Code. |
|
(40) Subdivision (18), Section 46.01, Penal Code, as |
|
added by Chapter 814 (H.B. 913), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subdivision (19), Section |
|
46.01, Penal Code. |
|
(41) Section 48.03, Penal Code, as added by Chapter |
|
697 (H.B. 810), Acts of the 85th Legislature, Regular Session, |
|
2017, is redesignated as Section 48.04, Penal Code. |
|
(42) Chapter 7998, Special District Local Laws Code, |
|
as added by Chapter 621 (H.B. 4275), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Chapter 8000, Special |
|
District Local Laws Code, and Sections 7998.001, 7998.002, |
|
7998.003, 7998.004, 7998.005, 7998.006, 7998.051, 7998.052, |
|
7998.101, 7998.102, 7998.103, 7998.104, 7998.105, 7998.106, |
|
7998.151, 7998.152, 7998.153, 7998.201, 7998.202, and 7998.203, |
|
Special District Local Laws Code, as added by that Act, are |
|
redesignated as Sections 8000.001, 8000.002, 8000.003, 8000.004, |
|
8000.005, 8000.006, 8000.051, 8000.052, 8000.101, 8000.102, |
|
8000.103, 8000.104, 8000.105, 8000.106, 8000.151, 8000.152, |
|
8000.153, 8000.201, 8000.202, and 8000.203, Special District Local |
|
Laws Code, respectively. |
|
(43) Section 23.524, Tax Code, as added by Chapter 365 |
|
(H.B. 3198), Acts of the 85th Legislature, Regular Session, 2017, |
|
is redesignated as Section 23.525, Tax Code. |
|
(44) Section 22.091, Transportation Code, as added by |
|
Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 22.092, Transportation |
|
Code. |
|
(45) Section 223.051, Transportation Code, as added by |
|
Chapter 1155 (S.B. 82), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 223.052, Transportation |
|
Code. |
|
(46) Section 225.123, Transportation Code, as added by |
|
Chapter 54 (H.B. 409), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.134, Transportation |
|
Code. |
|
(47) Section 225.123, Transportation Code, as added by |
|
Chapter 85 (H.B. 947), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.135, Transportation |
|
Code. |
|
(48) Section 225.123, Transportation Code, as added by |
|
Chapter 114 (H.B. 216), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.136, Transportation |
|
Code. |
|
(49) Section 225.123, Transportation Code, as added by |
|
Chapter 176 (H.B. 3536), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.137, Transportation |
|
Code. |
|
(50) Section 225.123, Transportation Code, as added by |
|
Chapter 209 (H.B. 1221), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.138, Transportation |
|
Code. |
|
(51) Section 225.123, Transportation Code, as added by |
|
Chapter 367 (H.B. 3283), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.139, Transportation |
|
Code. |
|
(52) Section 225.123, Transportation Code, as added by |
|
Chapter 375 (H.B. 3917), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.140, Transportation |
|
Code. |
|
(53) Section 225.123, Transportation Code, as added by |
|
Chapter 732 (S.B. 1099), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.141, Transportation |
|
Code. |
|
(54) Section 225.123, Transportation Code, as added by |
|
Chapter 998 (H.B. 1162), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.142, Transportation |
|
Code. |
|
(55) Section 225.123, Transportation Code, as added by |
|
Chapter 55 (H.B. 1483), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.143, Transportation |
|
Code. |
|
(56) Section 225.123, Transportation Code, as added by |
|
Chapter 247 (H.B. 938), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.144, Transportation |
|
Code. |
|
(57) Section 225.123, Transportation Code, as added by |
|
Chapter 255 (H.B. 1303), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.145, Transportation |
|
Code. |
|
(58) Section 225.123, Transportation Code, as added by |
|
Chapter 309 (S.B. 867), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.146, Transportation |
|
Code. |
|
(59) Section 225.123, Transportation Code, as added by |
|
Chapter 492 (H.B. 2675), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.147, Transportation |
|
Code. |
|
(60) Section 225.123, Transportation Code, as added by |
|
Chapter 936 (S.B. 1732), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.148, Transportation |
|
Code. |
|
(61) Section 225.123, Transportation Code, as added by |
|
Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Section 225.149, |
|
Transportation Code. |
|
(62) Section 225.123, Transportation Code, as added by |
|
Section 3, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Section 225.150, |
|
Transportation Code. |
|
(63) Section 225.125, Transportation Code, as added by |
|
Chapter 711 (H.B. 3964), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 225.151, Transportation |
|
Code. |
|
(64) Section 504.323, Transportation Code, as added by |
|
Chapter 274 (H.B. 2115), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 504.324, Transportation |
|
Code. |
|
(65) Section 504.668, Transportation Code, as added by |
|
Chapter 116 (H.B. 263), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 504.669, Transportation |
|
Code. |
|
(66) Section 504.668, Transportation Code, as added by |
|
Chapter 1003 (H.B. 1256), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 504.670, Transportation |
|
Code. |
|
(67) Section 521.0062, Transportation Code, as added |
|
by Chapter 1078 (H.B. 3359), Acts of the 85th Legislature, Regular |
|
Session, 2017, is redesignated as Section 521.0063, Transportation |
|
Code. |
|
(68) Subchapter U, Chapter 623, Transportation Code, |
|
as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature, |
|
Regular Session, 2017, is redesignated as Subchapter V, Chapter |
|
623, Transportation Code, and Sections 623.401, 623.402, 623.403, |
|
623.404, 623.405, 623.406, and 623.407, Transportation Code, as |
|
added by that Act, are redesignated as Sections 623.421, 623.422, |
|
623.423, 623.424, 623.425, 623.426, and 623.427, Transportation |
|
Code, respectively. |
|
(69) Section 13.148, Water Code, as added by Chapter |
|
305 (H.B. 1461), Acts of the 83rd Legislature, Regular Session, |
|
2013, is redesignated as Section 13.149, Water Code. |
|
SECTION 21.002. The following changes are made to conform |
|
the provisions amended to the redesignating changes made by Section |
|
21.001 of this Act and to correct cross-references: |
|
(1) Article 42.0196, Code of Criminal Procedure, is |
|
amended to read as follows: |
|
Art. 42.0196. FINDING REGARDING OFFENSE RELATED TO |
|
PERFORMANCE OF PUBLIC SERVICE. (a) In the trial of an offense |
|
described by Section 810.003 [810.002], Government Code, the judge |
|
shall make an affirmative finding of fact and enter the affirmative |
|
finding in the judgment in the case if the judge determines that the |
|
defendant is: |
|
(1) a member of the elected class described by Section |
|
810.003(b)(1) [810.002(b)(1)], Government Code, while a member of |
|
the Employees Retirement System of Texas; or |
|
(2) a holder of an elected office for which the |
|
defendant wholly or partly became eligible for membership in a |
|
public retirement system. |
|
(b) A judge who makes the affirmative finding described by |
|
this article shall make the determination and provide the notice |
|
required by Section 810.003(k) [810.002(k)], Government Code. |
|
(2) Section 130.352, Education Code, as redesignated |
|
from Section 130.302, Education Code, by Section 21.001 of this |
|
Act, is amended to read as follows: |
|
Sec. 130.352 [130.302]. FORMULA FUNDING FOR WORKFORCE |
|
CONTINUING EDUCATION COURSES. Notwithstanding Section 130.003 or |
|
any other law, contact hours attributable to the enrollment of a |
|
student in a workforce continuing education course offered by a |
|
public junior college shall be included in the contact hours used to |
|
determine the college's proportionate share of state money |
|
appropriated and distributed to public junior colleges under |
|
Sections 130.003 and 130.0031, regardless of whether the college |
|
waives all or part of the tuition or fees for the course under |
|
Section 130.354 [130.304]. |
|
(3) Section 130.354, Education Code, as redesignated |
|
from Section 130.304, Education Code, by Section 21.001 of this |
|
Act, is amended to read as follows: |
|
Sec. 130.354 [130.304]. WAIVER OF TUITION AND FEES FOR |
|
WORKFORCE CONTINUING EDUCATION COURSES. A public junior college |
|
may waive all or part of the tuition or fees charged to a student for |
|
a workforce continuing education course only if: |
|
(1) the student: |
|
(A) is enrolled in high school or in a school |
|
described by Section 130.353(a)(2) [130.303(a)(2)]; |
|
(B) is 16 years of age or older, has had the |
|
disabilities of minority removed, and is not enrolled in secondary |
|
education; or |
|
(C) is under the age of 18 and is incarcerated; |
|
(2) all or a significant portion of the college's costs |
|
for facilities, instructor salaries, equipment, and other expenses |
|
for the course are covered by business, industry, or other local |
|
public or private entities; or |
|
(3) the course is taught in a federal correctional |
|
facility and the facilities, equipment, supplies, and other |
|
expenses for the course are funded by the federal government. |
|
(4) Subsection (d), Section 63.0015, Election Code, as |
|
redesignated from Subsection (d), Section 63.0013, Election Code, |
|
by Section 21.001 of this Act, is amended to read as follows: |
|
(d) The notice required by Subsection (c) must read: |
|
"Pursuant to Section 63.0015 [63.0013], Election Code, an election |
|
officer may give voting order priority to individuals with a |
|
mobility problem that substantially impairs the person's ability to |
|
move around. A person assisting an individual with a mobility |
|
problem may also, at the individual's request, be given voting |
|
order priority. Disabilities and conditions that may qualify you |
|
for voting order priority include paralysis, lung disease, the use |
|
of portable oxygen, cardiac deficiency, severe limitation in the |
|
ability to walk due to arthritic, neurological, or orthopedic |
|
condition, wheelchair confinement, arthritis, foot disorder, the |
|
inability to walk 200 feet without stopping to rest, or use of a |
|
brace, cane, crutch, or other assistive device." |
|
(5) Section 1104.359(a), Estates Code, is amended to |
|
read as follows: |
|
(a) A guardianship program may not be appointed guardian: |
|
(1) if the program is not registered as required under |
|
Subchapter F [D], Chapter 155, Government Code; |
|
(2) if a registration certificate issued to the |
|
program under Subchapter F [D], Chapter 155, Government Code, is |
|
expired or refused renewal, or has been revoked and not been |
|
reissued; or |
|
(3) during the time a registration certificate issued |
|
to the program under Subchapter F [D], Chapter 155, Government |
|
Code, is suspended. |
|
(6) Section 281.003, Finance Code, as redesignated |
|
from Section 280.003, Finance Code, by Section 21.001 of this Act, |
|
is amended to read as follows: |
|
Sec. 281.003 [280.003]. NOTIFYING THIRD PARTIES OF |
|
SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS. If a |
|
financial institution submits a report of suspected financial |
|
exploitation of a vulnerable adult to the department under Section |
|
281.002(b) [280.002(b)], the financial institution may at the time |
|
the financial institution submits the report also notify a third |
|
party reasonably associated with the vulnerable adult of the |
|
suspected financial exploitation, unless the financial institution |
|
suspects the third party of financial exploitation of the |
|
vulnerable adult. |
|
(7) Subsections (a) and (b), Section 281.004, Finance |
|
Code, as redesignated from Subsections (a) and (b), Section |
|
280.004, Finance Code, by Section 21.001 of this Act, are amended to |
|
read as follows: |
|
(a) Notwithstanding any other law, if a financial |
|
institution submits a report of suspected financial exploitation of |
|
a vulnerable adult to the department under Section 281.002(b) |
|
[280.002(b)], the financial institution: |
|
(1) may place a hold on any transaction that: |
|
(A) involves an account of the vulnerable adult; |
|
and |
|
(B) the financial institution has cause to |
|
believe is related to the suspected financial exploitation; and |
|
(2) must place a hold on any transaction involving an |
|
account of the vulnerable adult if the hold is requested by the |
|
department or a law enforcement agency. |
|
(b) Subject to Subsection (c), a hold placed on any |
|
transaction under Subsection (a) expires on the 10th business day |
|
after the date the financial institution submits the report under |
|
Section 281.002(b) [280.002(b)]. |
|
(8) Section 281.005, Finance Code, as redesignated |
|
from Section 280.005, Finance Code, by Section 21.001 of this Act, |
|
is amended to read as follows: |
|
Sec. 281.005 [280.005]. IMMUNITY. (a) An employee of a |
|
financial institution who makes a notification under Section |
|
281.002(a) [280.002(a)], a financial institution that submits a |
|
report under Section 281.002(b) [280.002(b)] or makes a |
|
notification to a third party under Section 281.003 [280.003], or |
|
an employee who or financial institution that testifies or |
|
otherwise participates in a judicial proceeding arising from a |
|
notification or report is immune from any civil or criminal |
|
liability arising from the notification, report, testimony, or |
|
participation in the judicial proceeding, unless the employee or |
|
financial institution acted in bad faith or with a malicious |
|
purpose. |
|
(b) A financial institution that in good faith and with the |
|
exercise of reasonable care places or does not place a hold on any |
|
transaction under Section 281.004(a)(1) [280.004(a)(1)] is immune |
|
from any civil or criminal liability or disciplinary action |
|
resulting from that action or failure to act. |
|
(9) Section 53.0071, Government Code, is amended to |
|
read as follows: |
|
Sec. 53.0071. BAILIFF AS PEACE OFFICER. Unless the |
|
appointing judge provides otherwise in the order of appointment, a |
|
bailiff appointed under Section 53.001(b), (g), [or] (k), or (m) or |
|
53.002(c), (e), or (f) is a "peace officer" for purposes of Article |
|
2.12, Code of Criminal Procedure. |
|
(10) Subsection (b), Section 155.253, Government |
|
Code, as redesignated from Subsection (b), Section 155.153, |
|
Government Code, by Section 21.001 of this Act, is amended to read |
|
as follows: |
|
(b) The supreme court shall adopt rules and procedures for |
|
issuing, renewing, suspending, or revoking a registration |
|
certificate under this section. Rules adopted by the supreme court |
|
under this section must: |
|
(1) ensure compliance with the standards adopted under |
|
Section 155.252 [155.152]; |
|
(2) provide that the commission establish |
|
qualifications for obtaining and maintaining a registration |
|
certificate; |
|
(3) provide that a registration certificate expires on |
|
the second anniversary of the date the certificate is issued; |
|
(4) prescribe procedures for accepting complaints and |
|
conducting investigations of alleged violations by guardianship |
|
programs of the standards adopted under Section 155.252 [155.152] |
|
or other violations of this chapter or other applicable state law; |
|
(5) prescribe procedures by which the commission, |
|
after notice and hearing, may suspend or revoke the registration |
|
certificate of a guardianship program that does not substantially |
|
comply with the standards adopted under Section 155.252 [155.152] |
|
or other provisions of this chapter or other applicable state law; |
|
and |
|
(6) prescribe procedures for addressing a |
|
guardianship for which a guardianship program is the appointed |
|
guardian if the guardianship program's registration certificate is |
|
expired or refused renewal, or has been revoked and not been |
|
reissued. |
|
(11) Subsection (a), Section 364.034, Health and |
|
Safety Code, is amended to read as follows: |
|
(a) A public agency or a county may: |
|
(1) offer solid waste disposal service to persons in |
|
its territory, including, in the case of a county described by |
|
Section 364.011(a-2)(2) [364.011(a-1)(2)], an area of the county |
|
located within the extraterritorial jurisdiction of a municipality |
|
if the municipality does not provide solid waste disposal services |
|
in that area; |
|
(2) require the use of the service by those persons, |
|
except as provided by Subsection (a-1); |
|
(3) charge fees for the service; and |
|
(4) establish the service as a utility separate from |
|
other utilities in its territory. |
|
(12) Section 364.0345, Health and Safety Code, is |
|
amended to read as follows: |
|
Sec. 364.0345. PENALTIES FOR FAILURE TO USE REQUIRED |
|
SERVICE IN CERTAIN AREAS. The commissioners court of a county |
|
described by Section 364.011(a-2)(2) [364.011(a-1)(2)] that |
|
requires the use of a county solid waste disposal service under |
|
Section 364.034 in the extraterritorial jurisdiction of a |
|
municipality may adopt orders to enforce the requirement, including |
|
an order establishing a civil or administrative penalty in an |
|
amount reasonable and necessary to ensure compliance with the |
|
requirement. |
|
(13) Subsection (b), Section 1003.056, Health and |
|
Safety Code, is amended to read as follows: |
|
(b) This subchapter does not affect or authorize a person to |
|
violate any law regulating the possession, use, or transfer of |
|
fetal tissue, fetal stem cells, adult stem cells, or human organs, |
|
including Sections 48.02 and 48.04 [48.03], Penal Code. |
|
(14) Subsection (f), Section 22.01, Penal Code, is |
|
amended to read as follows: |
|
(f) For the purposes of Subsections (b)(2)(A) and (b-3)(2) |
|
[(b-2)(2)]: |
|
(1) a defendant has been previously convicted of an |
|
offense listed in those subsections committed against a person |
|
whose relationship to or association with the defendant is |
|
described by Section 71.0021(b), 71.003, or 71.005, Family Code, if |
|
the defendant was adjudged guilty of the offense or entered a plea |
|
of guilty or nolo contendere in return for a grant of deferred |
|
adjudication, regardless of whether the sentence for the offense |
|
was ever imposed or whether the sentence was probated and the |
|
defendant was subsequently discharged from community supervision; |
|
and |
|
(2) a conviction under the laws of another state for an |
|
offense containing elements that are substantially similar to the |
|
elements of an offense listed in those subsections is a conviction |
|
of the offense listed. |
|
(15) Section 8000.004, Special District Local Laws |
|
Code, as redesignated from Section 7998.004, Special District Local |
|
Laws Code, by Section 21.001 of this Act, is amended to read as |
|
follows: |
|
Sec. 8000.004 [7998.004]. CONSENT OF MUNICIPALITY |
|
REQUIRED. The temporary directors may not hold an election under |
|
Section 8000.003 [7998.003] until each municipality in whose |
|
corporate limits or extraterritorial jurisdiction the district is |
|
located has consented by ordinance or resolution to the creation of |
|
the district and to the inclusion of land in the district. |
|
(16) Subsection (b), Section 8000.051, Special |
|
District Local Laws Code, as redesignated from Subsection (b), |
|
Section 7998.051, Special District Local Laws Code, by Section |
|
21.001 of this Act, is amended to read as follows: |
|
(b) Except as provided by Section 8000.052 [7998.052], |
|
directors serve staggered four-year terms. |
|
(17) Subsections (b) and (c), Section 8000.052, |
|
Special District Local Laws Code, as redesignated from Subsections |
|
(b) and (c), Section 7998.052, Special District Local Laws Code, by |
|
Section 21.001 of this Act, are amended to read as follows: |
|
(b) Temporary directors serve until the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8000.003 [7998.003]; or |
|
(2) the fourth anniversary of the effective date of |
|
the Act enacting this chapter. |
|
(c) If permanent directors have not been elected under |
|
Section 8000.003 [7998.003] and the terms of the temporary |
|
directors have expired, successor temporary directors shall be |
|
appointed or reappointed as provided by Subsection (d) to serve |
|
terms that expire on the earlier of: |
|
(1) the date permanent directors are elected under |
|
Section 8000.003 [7998.003]; or |
|
(2) the fourth anniversary of the date of the |
|
appointment or reappointment. |
|
(18) Subsections (e) and (h), Section 8000.106, |
|
Special District Local Laws Code, as redesignated from Subsections |
|
(e) and (h), Section 7998.106, Special District Local Laws Code, by |
|
Section 21.001 of this Act, are amended to read as follows: |
|
(e) The board may adopt an order dividing the district |
|
before or after the date the board holds an election under Section |
|
8000.003 [7998.003] to confirm the district's creation. |
|
(h) A new district created by the division of the district |
|
shall hold a confirmation and directors' election as required by |
|
Section 8000.003 [7998.003]. |
|
(19) Subsection (a), Section 8000.152, Special |
|
District Local Laws Code, as redesignated from Subsection (a), |
|
Section 7998.152, Special District Local Laws Code, by Section |
|
21.001 of this Act, is amended to read as follows: |
|
(a) If authorized at an election held under Section 8000.151 |
|
[7998.151], the district may impose an operation and maintenance |
|
tax on taxable property in the district in accordance with Section |
|
49.107, Water Code. |
|
(20) Subsection (a-1), Section 621.508, |
|
Transportation Code, is amended to read as follows: |
|
(a-1) The affirmative defense provided by Subsection (a) |
|
does not apply to the excess weights authorized under Section |
|
623.421(b) [623.401(b)]. |
|
(21) Subsection (b), Section 623.003, Transportation |
|
Code, as amended by Chapters 108 (S.B. 1524) and 750 (S.B. 1383), |
|
Acts of the 85th Legislature, Regular Session, 2017, is reenacted |
|
and amended to read as follows: |
|
(b) The Texas Department of Transportation shall provide |
|
the department with all routing information necessary to complete a |
|
permit issued under Section 623.071, 623.121, 623.142, 623.192, [or
|
|
623.401] 623.402, or 623.421. |
|
(22) Subsection (a), Section 623.424, Transportation |
|
Code, as redesignated from Subsection (a), Section 623.404, |
|
Transportation Code, by Section 21.001 of this Act, is amended to |
|
read as follows: |
|
(a) Except as provided by Subsections (b) and (c), a vehicle |
|
combination operating under a permit under this subchapter may |
|
operate on a federal interstate highway or a state, county, or |
|
municipal road, including a frontage road adjacent to a federal |
|
interstate highway, if the truck-tractor displays a sticker |
|
required by Section 623.422 [623.402] and the vehicle combination |
|
does not exceed the maximum axle or gross weight applicable to the |
|
combination under the terms of the permit. |
|
(23) Section 623.425, Transportation Code, as |
|
redesignated from Section 623.405, Transportation Code, by Section |
|
21.001 of this Act, is amended to read as follows: |
|
Sec. 623.425 [623.405]. CERTAIN COUNTY OR MUNICIPAL |
|
ACTIONS PROHIBITED. Unless otherwise provided by state or federal |
|
law, a county or municipality may not require a permit, fee, or |
|
license for the operation of a vehicle combination described by |
|
Section 623.421(a) [623.401(a)] or (b) in addition to a permit, |
|
fee, or license required by state law. |
|
(24) Subdivision (2), Subsection A, Section 45, The |
|
Securities Act (Article 581-45, Vernon's Texas Civil Statutes), is |
|
amended to read as follows: |
|
(2) "Exploitation," "financial exploitation," and |
|
"vulnerable adult" have the meanings assigned by Section 281.001 |
|
[280.001], Finance Code. |
|
SECTION 21.003. The following provisions of enacted codes |
|
are repealed to eliminate duplicate citations: |
|
(1) Section 225.123, Transportation Code, as added by |
|
Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 225.128, |
|
Transportation Code. |
|
(2) Section 225.123, Transportation Code, as added by |
|
Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 225.131, |
|
Transportation Code. |
|
(3) Section 225.123, Transportation Code, as added by |
|
Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 225.132, |
|
Transportation Code. |
|
(4) Section 225.123, Transportation Code, as added by |
|
Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular |
|
Session, 2017, is repealed as duplicative of Section 225.130, |
|
Transportation Code. |
|
(5) Section 225.124, Transportation Code, as added by |
|
Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, |
|
Regular Session, 2017, is repealed as duplicative of Section |
|
225.129, Transportation Code. |
|
ARTICLE 22. EFFECTIVE DATE |
|
SECTION 22.001. This Act takes effect September 1, 2019. |
|
|
|
______________________________ |
______________________________ |
|
President of the Senate |
Speaker of the House |
|
|
|
I certify that H.B. No. 4170 was passed by the House on May 3, |
|
2019, by the following vote: Yeas 138, Nays 2, 2 present, not |
|
voting. |
|
|
|
______________________________ |
|
Chief Clerk of the House |
|
|
|
I certify that H.B. No. 4170 was passed by the Senate on May |
|
21, 2019, by the following vote: Yeas 31, Nays 0. |
|
|
|
______________________________ |
|
Secretary of the Senate |
|
APPROVED: _____________________ |
|
Date |
|
|
|
_____________________ |
|
Governor |