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A BILL TO BE ENTITLED
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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 and to the nonsubstantive codification |
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or disposition of various laws omitted from enacted codes. |
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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) revising without substantive change provisions in |
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enacted codes; |
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(3) making necessary corrections to enacted codes; and |
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(4) 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 88th Legislature, Regular Session, 2023. 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 88th Legislature, Regular Session, 2023, 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 ALCOHOLIC BEVERAGE CODE |
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SECTION 2.001. Section 5.10(c), Alcoholic Beverage Code, is |
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amended to conform to Chapter 269 (H.B. 752), Acts of the 73rd |
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Legislature, Regular Session, 1993, to read as follows: |
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(c) The administrator or the administrator's designee shall |
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prepare and maintain a written policy statement to assure |
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implementation of a program of equal employment opportunity under |
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which all personnel transactions are made without regard to race, |
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color, disability, sex, religion, age, or national origin. The |
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policy statement must include: |
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(1) personnel policies, including policies relating |
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to recruitment, evaluation, selection, appointment, training, and |
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promotion of personnel that are in compliance with the requirements |
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of Chapter 21, Labor Code [the Commission on Human Rights Act |
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(Article 5221k, Vernon's Texas Civil Statutes)]; |
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(2) a comprehensive analysis of the commission work |
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force that meets federal and state guidelines; |
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(3) procedures by which a determination can be made of |
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significant underuse in the commission work force of all persons |
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for whom federal or state guidelines encourage a more equitable |
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balance; and |
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(4) reasonable methods to appropriately address those |
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areas of significant underuse. |
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SECTION 2.002. Section 106.17, Alcoholic Beverage Code, as |
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added by Chapter 79 (S.B. 315), Acts of the 87th Legislature, |
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Regular Session, 2021, is repealed as duplicative of Section |
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106.17, Alcoholic Beverage Code, as added by Chapter 942 (S.B. |
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766), Acts of the 87th Legislature, Regular Session, 2021. |
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ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE |
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SECTION 3.001. Section 102.053, Business & Commerce Code, |
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is amended to correct a reference to read as follows: |
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Sec. 102.053. REMISSION OF FEE; SUBMISSION OF REPORTS. |
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Each quarter, a sexually oriented business shall: |
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(1) remit the fee imposed by Section 102.052 [47.052] |
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to the comptroller in the manner prescribed by the comptroller; and |
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(2) file a report with the comptroller in the manner |
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and containing the information required by the comptroller. |
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ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE |
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SECTION 4.001. Section 22.001(a), Civil Practice and |
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Remedies Code, is amended to correct a reference to read as follows: |
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(a) Except as provided by Section 22.003 [22.002], a witness |
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is entitled to 10 dollars for each day the witness attends court. |
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This fee includes the entitlement for travel and the witness is not |
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entitled to any reimbursement for mileage traveled. |
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SECTION 4.002. Section 51.014(a), Civil Practice and |
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Remedies Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6), |
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and 813 (H.B. 2086), Acts of the 87th Legislature, Regular Session, |
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2021, is reenacted and amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; |
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(12) denies a motion to dismiss filed under Section |
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27.003; |
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(13) denies a motion for summary judgment filed by an |
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electric utility regarding liability in a suit subject to Section |
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75.0022; |
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(14) denies a motion filed by a municipality with a |
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population of 500,000 or more in an action filed under Section |
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54.012(6) or 214.0012, Local Government Code; [or] |
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(15) makes a preliminary determination on a claim |
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under Section 74.353; |
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(16) [(15)] overrules an objection filed under |
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Section 148.003(d) or denies all or part of the relief sought by a |
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motion under Section 148.003(f); or |
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(17) [(15)] grants or denies a motion for summary |
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judgment filed by a contractor based on Section 97.002. |
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SECTION 4.003. Section 51.015, Civil Practice and Remedies |
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Code, is amended to correct a reference to read as follows: |
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Sec. 51.015. COSTS OF APPEAL. In the case of an appeal |
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brought pursuant to Section 51.014(a)(6) [51.014(6)], if the order |
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appealed from is affirmed, the court of appeals shall order the |
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appellant to pay all costs and reasonable attorney fees of the |
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appeal; otherwise, each party shall be liable for and taxed its own |
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costs of the appeal. |
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ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 5.001. Article 12.01, Code of Criminal Procedure, |
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is amended to correct an error in punctuation to read as follows: |
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Art. 12.01. FELONIES. Except as provided in Article 12.03, |
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felony indictments may be presented within these limits, and not |
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afterward: |
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(1) no limitation: |
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(A) murder and manslaughter; |
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(B) sexual assault under Section 22.011(a)(2), |
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Penal Code, or aggravated sexual assault under Section |
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22.021(a)(1)(B), Penal Code; |
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(C) sexual assault, if: |
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(i) during the investigation of the offense |
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biological matter is collected and the matter: |
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(a) has not yet been subjected to |
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forensic DNA testing; or |
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(b) has been subjected to forensic DNA |
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testing and the testing results show that the matter does not match |
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the victim or any other person whose identity is readily |
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ascertained; or |
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(ii) probable cause exists to believe that |
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the defendant has committed the same or a similar sex offense |
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against five or more victims; |
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(D) continuous sexual abuse of young child or |
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disabled individual under Section 21.02, Penal Code; |
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(E) indecency with a child under Section 21.11, |
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Penal Code; |
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(F) an offense involving leaving the scene of an |
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accident under Section 550.021, Transportation Code, if the |
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accident resulted in the death of a person; |
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(G) trafficking of persons under Section |
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20A.02(a)(7) or (8), Penal Code; |
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(H) continuous trafficking of persons under |
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Section 20A.03, Penal Code; or |
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(I) compelling prostitution under Section |
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43.05(a)(2), Penal Code; |
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(2) ten years from the date of the commission of the |
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offense: |
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(A) theft of any estate, real, personal or mixed, |
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by an executor, administrator, guardian or trustee, with intent to |
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defraud any creditor, heir, legatee, ward, distributee, |
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beneficiary or settlor of a trust interested in such estate; |
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(B) theft by a public servant of government |
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property over which the public servant exercises control in the |
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public servant's official capacity; |
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(C) forgery or the uttering, using, or passing of |
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forged instruments; |
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(D) injury to an elderly or disabled individual |
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punishable as a felony of the first degree under Section 22.04, |
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Penal Code; |
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(E) sexual assault, except as provided by |
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Subdivision (1) or (7); |
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(F) arson; |
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(G) trafficking of persons under Section |
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20A.02(a)(1), (2), (3), or (4), Penal Code; or |
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(H) compelling prostitution under Section |
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43.05(a)(1), Penal Code; |
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(3) seven years from the date of the commission of the |
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offense: |
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(A) misapplication of fiduciary property or |
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property of a financial institution; |
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(B) fraudulent securing of document execution; |
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(C) a felony violation under Chapter 162, Tax |
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Code; |
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(D) false statement to obtain property or credit |
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under Section 32.32, Penal Code; |
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(E) money laundering; |
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(F) credit card or debit card abuse under Section |
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32.31, Penal Code; |
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(G) fraudulent use or possession of identifying |
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information under Section 32.51, Penal Code; |
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(H) exploitation of a child, elderly individual, |
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or disabled individual under Section 32.53, Penal Code; |
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(I) health care fraud under Section 35A.02, Penal |
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Code; or |
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(J) bigamy under Section 25.01, Penal Code, |
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except as provided by Subdivision (6); |
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(4) five years from the date of the commission of the |
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offense: |
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(A) theft or robbery; |
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(B) except as provided by Subdivision (5), |
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kidnapping or burglary; |
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(C) injury to an elderly or disabled individual |
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that is not punishable as a felony of the first degree under Section |
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22.04, Penal Code; |
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(D) abandoning or endangering a child; or |
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(E) insurance fraud; |
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(5) if the investigation of the offense shows that the |
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victim is younger than 17 years of age at the time the offense is |
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committed, 20 years from the 18th birthday of the victim of one of |
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the following offenses: |
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(A) sexual performance by a child under Section |
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43.25, Penal Code; |
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(B) aggravated kidnapping under Section |
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20.04(a)(4), Penal Code, if the defendant committed the offense |
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with the intent to violate or abuse the victim sexually; or |
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(C) burglary under Section 30.02, Penal Code, if |
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the offense is punishable under Subsection (d) of that section and |
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the defendant committed the offense with the intent to commit an |
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offense described by Subdivision (1)(B) or (D) of this article or |
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Paragraph (B) of this subdivision; |
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(6) ten years from the 18th birthday of the victim of |
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the offense: |
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(A) trafficking of persons under Section |
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20A.02(a)(5) or (6), Penal Code; |
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(B) injury to a child under Section 22.04, Penal |
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Code; or |
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(C) bigamy under Section 25.01, Penal Code, if |
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the investigation of the offense shows that the person, other than |
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the legal spouse of the defendant, whom the defendant marries or |
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purports to marry or with whom the defendant lives under the |
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appearance of being married is younger than 18 years of age at the |
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time the offense is committed; |
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(7) two years from the date the offense was |
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discovered: sexual assault punishable as a state jail felony under |
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Section 22.011(f)(2), Penal Code; or |
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(8) three years from the date of the commission of the |
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offense: all other felonies. |
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SECTION 5.002. Article 17.091, Code of Criminal Procedure, |
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is amended to conform to the amendment of Article 42A.054(a), Code |
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of Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th |
|
Legislature, Regular Session, 2019, to read as follows: |
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Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS |
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REQUIRED. Before a judge or magistrate reduces the amount of bail |
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set for a defendant charged with an offense listed in Article |
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42A.054 or [,] an offense described by Article 62.001(5), [or an |
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offense under Section 20A.03, Penal Code,] the judge or magistrate |
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shall provide: |
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(1) to the attorney representing the state, reasonable |
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notice of the proposed bail reduction; and |
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(2) on request of the attorney representing the state |
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or the defendant or the defendant's counsel, an opportunity for a |
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hearing concerning the proposed bail reduction. |
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ARTICLE 6. CHANGES RELATING TO EDUCATION CODE |
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SECTION 6.001. Section 12.013(b), Education Code, as |
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amended by Chapters 887 (S.B. 1697) and 1046 (S.B. 1365), Acts of |
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the 87th Legislature, Regular Session, 2021, is reenacted and |
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amended to read as follows: |
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(b) A home-rule school district is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; |
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(2) a provision of this title relating to limitations |
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on liability; and |
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(3) a prohibition, restriction, or requirement, as |
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applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) educator certification under Chapter 21 and |
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educator rights under Sections 21.407, 21.408, and 22.001; |
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(C) criminal history records under Subchapter C, |
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Chapter 22; |
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(D) student admissions under Section 25.001; |
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(E) school attendance under Sections 25.085, |
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25.086, and 25.087; |
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(F) inter-district or inter-county transfers of |
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students under Subchapter B, Chapter 25; |
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(G) elementary class size limits under Section |
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25.112, in the case of any campus in the district that fails to |
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satisfy any standard under Section 39.054(e); |
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(H) high school graduation under Section 28.025; |
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(I) special education programs under Subchapter |
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A, Chapter 29; |
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(J) bilingual education under Subchapter B, |
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Chapter 29; |
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(K) prekindergarten programs under Subchapter E, |
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Chapter 29; |
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(L) safety provisions relating to the |
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transportation of students under Sections 34.002, 34.003, 34.004, |
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and 34.008; |
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(M) computation and distribution of state aid |
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under Chapters 31, 43, and 48; |
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(N) extracurricular activities under Section |
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33.081; |
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(O) health and safety under Chapter 38; |
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(P) the provisions of Subchapter A, Chapter 39; |
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(Q) public school accountability and special |
|
investigations under Subchapters A, B, C, D, and J, Chapter 39, and |
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Chapter 39A; |
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(R) options for local revenue levels in excess of |
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entitlement under Chapter 49; |
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(S) a bond or other obligation or tax rate under |
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Chapters 43, 45, and 48; |
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(T) purchasing under Chapter 44; and |
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(U) [(T)] parental options to retain a student |
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under Section 28.02124. |
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SECTION 6.002. Section 12.056(b), Education Code, as |
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amended by Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B. |
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1365), Acts of the 87th Legislature, Regular Session, 2021, is |
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reenacted and amended to read as follows: |
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(b) A campus or program for which a charter is granted under |
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this subchapter is subject to: |
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(1) a provision of this title establishing a criminal |
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offense; and |
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(2) a prohibition, restriction, or requirement, as |
|
applicable, imposed by this title or a rule adopted under this |
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title, relating to: |
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(A) the Public Education Information Management |
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System (PEIMS) to the extent necessary to monitor compliance with |
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this subchapter as determined by the commissioner; |
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(B) criminal history records under Subchapter C, |
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Chapter 22; |
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(C) high school graduation under Section 28.025; |
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(D) special education programs under Subchapter |
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A, Chapter 29; |
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(E) bilingual education under Subchapter B, |
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Chapter 29; |
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(F) prekindergarten programs under Subchapter E, |
|
Chapter 29, except class size limits for prekindergarten classes |
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imposed under Section 25.112, which do not apply; |
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(G) extracurricular activities under Section |
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33.081; |
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(H) health and safety under Chapter 38; |
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(I) the provisions of Subchapter A, Chapter 39; |
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(J) public school accountability and special |
|
investigations under Subchapters A, B, C, D, F, and J, Chapter 39, |
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and Chapter 39A; |
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(K) the duty to discharge or refuse to hire |
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certain employees or applicants for employment under Section |
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12.1059; and |
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(L) [(K)] parental options to retain a student |
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under Section 28.02124. |
|
SECTION 6.003. Section 12.104(b), Education Code, as |
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amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. |
|
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
read as follows: |
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(b) An open-enrollment charter school is subject to: |
|
(1) a provision of this title establishing a criminal |
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offense; |
|
(2) the provisions in Chapter 554, Government Code; |
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and |
|
(3) 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, except class size limits for prekindergarten |
|
classes imposed under Section 25.112, which do not apply; |
|
(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) the provisions of Subchapter A, Chapter 39; |
|
(M) public school accountability and special |
|
investigations under Subchapters A, B, C, D, F, G, and J, Chapter |
|
39, and Chapter 39A; |
|
(N) the requirement under Section 21.006 to |
|
report an educator's misconduct; |
|
(O) intensive programs of instruction under |
|
Section 28.0213; |
|
(P) the right of a school employee to report a |
|
crime, as provided by Section 37.148; |
|
(Q) bullying prevention policies and procedures |
|
under Section 37.0832; |
|
(R) 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; |
|
(S) the right under Section 37.0151 to report to |
|
local law enforcement certain conduct constituting assault or |
|
harassment; |
|
(T) 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); |
|
(U) establishment of residency under Section |
|
25.001; |
|
(V) school safety requirements under Sections |
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37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, |
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37.207, and 37.2071; |
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(W) the early childhood literacy and mathematics |
|
proficiency plans under Section 11.185; |
|
(X) the college, career, and military readiness |
|
plans under Section 11.186; and |
|
(Y) [(X)] parental options to retain a student |
|
under Section 28.02124. |
|
SECTION 6.004. Section 12.1058(a), Education Code, as |
|
amended by Chapters 551 (S.B. 282) and 916 (H.B. 3610), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
to read as follows: |
|
(a) An open-enrollment charter school is considered to be: |
|
(1) a local government for purposes of Chapter 791, |
|
Government Code; |
|
(2) a local government for purposes of Chapter 2259, |
|
Government Code, except that an open-enrollment charter school may |
|
not issue public securities as provided by Section 2259.031(b), |
|
Government Code; |
|
(3) a political subdivision for purposes of Chapter |
|
172, Local Government Code; |
|
(4) a local governmental entity for purposes of |
|
Subchapter I, Chapter 271, Local Government Code; [and] |
|
(5) a political subdivision for purposes of Section |
|
180.008, Local Government Code; |
|
(6) [(5)] a political subdivision for purposes of |
|
Section 16.061, Civil Practice and Remedies Code, with respect to |
|
any property purchased, leased, constructed, renovated, or |
|
improved with state funds under Section 12.128 of this code; and |
|
(7) [(6)] a political subdivision for purposes of |
|
Section 11.11, Tax Code. |
|
SECTION 6.005. (a) Section 12.263, Education Code, as |
|
effective September 1, 2023, is amended to conform to Chapter 489 |
|
(H.B. 3456), Acts of the 87th Legislature, Regular Session, 2021, |
|
by adding Subsection (h) to read as follows: |
|
(h) Notwithstanding any other law, for purposes of any |
|
budget reductions requested by the Legislative Budget Board or the |
|
governor, any money received by a nonprofit entity granted a |
|
charter under this subchapter or appropriated to the agency for |
|
purposes of operating an adult education program under this |
|
subchapter is considered to be part of the foundation school |
|
program and is not subject to those budget reductions. |
|
(b) Section 2, Chapter 489 (H.B. 3456), Acts of the 87th |
|
Legislature, Regular Session, 2021, which added Section |
|
29.259(j-1), Education Code, is repealed. |
|
SECTION 6.006. Section 21.051, Education Code, as amended |
|
by Chapters 215 (H.B. 159) and 952 (S.B. 1590), Acts of the 87th |
|
Legislature, Regular Session, 2021, is amended by reenacting and |
|
amending Subsection (f) and adding Subsection (f-1) to read as |
|
follows: |
|
(f) The board shall propose rules providing flexible |
|
options for persons for any field-based experience or internship |
|
required for certification, including options for candidate |
|
observations that provide for at least: |
|
(1) two observations to occur in person and two |
|
additional observations to occur in virtual settings that are |
|
equivalent in rigor to in-person options for observation; or |
|
(2) three observations to occur in person. |
|
(f-1) The options required under Subsection (f) must, to the |
|
greatest extent practicable, involve interaction with a diverse |
|
student population, including students with disabilities. |
|
SECTION 6.007. Section 21.4551(b), Education Code, as |
|
amended by Chapter 973 (S.B. 2066), Acts of the 87th Legislature, |
|
Regular Session, 2021, is repealed to conform to the repeal of |
|
Section 21.4551, Education Code, by Chapter 1045 (S.B. 1267), Acts |
|
of the 87th Legislature, Regular Session, 2021. |
|
SECTION 6.008. Section 31.0211(c), Education Code, as |
|
amended by Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of |
|
the 87th Legislature, Regular Session, 2021, is reenacted and |
|
amended to read as follows: |
|
(c) Funds allotted under this section may be used to: |
|
(1) purchase: |
|
(A) materials on the list adopted by the |
|
commissioner, as provided by Section 31.0231; |
|
(B) instructional materials, regardless of |
|
whether the instructional materials are on the list adopted under |
|
Section 31.024; |
|
(C) consumable instructional materials, |
|
including workbooks; |
|
(D) instructional materials for use in bilingual |
|
education classes, as provided by Section 31.029; |
|
(E) instructional materials for use in college |
|
preparatory courses under Section 28.014, as provided by Section |
|
31.031; |
|
(F) supplemental instructional materials, as |
|
provided by Section 31.035; |
|
(G) state-developed open education resource |
|
instructional materials, as provided by Subchapter B-1; |
|
(H) instructional materials and technological |
|
equipment under any continuing contracts of the district in effect |
|
on September 1, 2011; |
|
(I) technological equipment necessary to support |
|
the use of materials included on the list adopted by the |
|
commissioner under Section 31.0231 or any instructional materials |
|
purchased with an allotment under this section; |
|
(J) inventory software or systems for storing, |
|
managing, and accessing instructional materials and analyzing the |
|
usage and effectiveness of the instructional materials; and |
|
(K) services, equipment, and technology |
|
infrastructure necessary to ensure Internet connectivity and |
|
adequate bandwidth; and |
|
(2) pay: |
|
(A) for training educational personnel directly |
|
involved in student learning in the appropriate use of |
|
instructional materials and for providing for access to |
|
technological equipment for instructional use; |
|
(B) for training personnel in the electronic |
|
administration of assessment instruments; [and] |
|
(C) the salary and other expenses of an employee |
|
who provides technical support for the use of technological |
|
equipment directly involved in student learning; and |
|
(D) [(C)] for costs associated with distance |
|
learning, including Wi-Fi, Internet access hotspots, wireless |
|
network service, broadband service, and other services and |
|
technological equipment necessary to facilitate Internet access. |
|
SECTION 6.009. Sections 48.009(b-1) and (b-2), Education |
|
Code, as added by Chapter 915 (H.B. 3607), Acts of the 87th |
|
Legislature, Regular Session, 2021, are repealed as duplicative of |
|
Sections 48.009(b)(6) and (7), Education Code, as added by Chapter |
|
806 (H.B. 1525), Acts of the 87th Legislature, Regular Session, |
|
2021. |
|
SECTION 6.010. Section 48.009(b-3), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(b-3) A student reported under Subsection (b)(7) [(b-2)] as |
|
having enrolled in a high school equivalency program, a dropout |
|
recovery school, or an adult education program provided under a |
|
high school diploma and industry certification charter school |
|
program must be reported through the Public Education Information |
|
Management System as having previously dropped out of school. |
|
SECTION 6.011. Section 48.009(b-4), Education Code, as |
|
added by Chapter 806 (H.B. 1525), Acts of the 87th Legislature, |
|
Regular Session, 2021, is repealed as duplicative of Section |
|
48.009(b-3), Education Code, as added by Chapter 915 (H.B. 3607), |
|
Acts of the 87th Legislature, Regular Session, 2021. |
|
SECTION 6.012. Section 134.004, Education Code, as amended |
|
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted to read as |
|
follows: |
|
Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT |
|
PROGRAM. (a) The commission shall establish and administer the Jobs |
|
and Education for Texans (JET) Grant Program to provide grants to |
|
public junior colleges, public technical institutes, public state |
|
colleges, and school districts and open-enrollment charter schools |
|
described under Section 134.007 that apply to the advisory board in |
|
the manner prescribed by the advisory board. The commission shall |
|
award the grants on the advice and recommendations of the advisory |
|
board. |
|
(b) Grants may be awarded under this chapter from the Jobs |
|
and Education for Texans (JET) fund to defray the start-up costs |
|
associated with the development of new career and technical |
|
education programs at public junior colleges, public technical |
|
institutes, public state colleges, and school districts and |
|
open-enrollment charter schools described under Section 134.007 |
|
that meet the requirements of Section 134.006. |
|
SECTION 6.013. Section 134.006(a), Education Code, as |
|
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
to read as follows: |
|
(a) The commission may award a grant for the development of |
|
new career and technical education courses or programs at public |
|
junior colleges, public technical institutes, public state |
|
colleges, and school districts[,] and open-enrollment charter |
|
schools described under Section 134.007. |
|
SECTION 6.014. Section 134.006(d), Education Code, as |
|
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted to read as |
|
follows: |
|
(d) To be eligible to receive a grant under this section, a |
|
public junior college, public technical institute, public state |
|
college, or school district or open-enrollment charter school |
|
described under Section 134.007 must provide matching funds in |
|
accordance with rules adopted under Section 134.008. The matching |
|
funds may be obtained from any source available to the public junior |
|
college, public technical institute, public state college, school |
|
district, or open-enrollment charter school, including industry |
|
consortia, community or foundation grants, individual |
|
contributions, and local governmental agency operating funds. |
|
SECTION 6.015. Section 134.007, Education Code, as amended |
|
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
read as follows: |
|
Sec. 134.007. GRANTS AWARDED TO SCHOOL DISTRICT OR |
|
OPEN-ENROLLMENT CHARTER SCHOOL. The commission may award a grant |
|
under this chapter to: |
|
(1) an independent [a] school district or |
|
open-enrollment charter school [under this chapter] if the |
|
district[: |
|
[(1) is an independent school district and] or school |
|
has entered into a partnership with a public junior college, public |
|
technical institute, or public state college for the purpose of: |
|
(A) promoting career and technical education to |
|
the district's or school's students; or |
|
(B) offering dual credit courses to the |
|
district's or school's students; or |
|
(2) the Windham School District. |
|
SECTION 6.016. Section 1001.108(b), Education Code, is |
|
amended to correct a reference to read as follows: |
|
(b) The curriculum must include information about each |
|
matter listed in Section 692A.020(k) [49.001(a)], Health and Safety |
|
Code. |
|
ARTICLE 7. CHANGES RELATING TO ELECTION CODE |
|
SECTION 7.001. Sections 13.004(d) and (e), Election Code, |
|
are amended to conform to Chapter 711 (H.B. 3107), Acts of the 87th |
|
Legislature, Regular Session, 2021, to read as follows: |
|
(d) The voter registrar or other county official who has |
|
access to the information furnished on a registration application |
|
may not post the following information on a website: |
|
(1) a telephone number; |
|
(2) a social security number; |
|
(3) a driver's license number or a number of a personal |
|
identification card; |
|
(4) a date of birth; or |
|
(5) the residence address of a voter who submits |
|
documentation under Subsection (c)(4), (5) [(c)(5)], (6), or (7)[, |
|
or (8)] to the voter registrar or regarding whom the registrar has |
|
received notification under Section 15.0215. |
|
(e) Documentation submitted under Subsection (c)(4), (5) |
|
[(c)(5)], (6), or (7)[, or (8)] shall be retained on file with the |
|
voter registration application. |
|
SECTION 7.002. Section 87.121, Election Code, as reenacted |
|
and amended by Chapters 66 (H.B. 1622) and 317 (H.B. 1382), Acts of |
|
the 87th Legislature, Regular Session, 2021, is reenacted and |
|
amended to read as follows: |
|
Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting |
|
clerk shall maintain for each election a roster listing each person |
|
who votes an early voting ballot by personal appearance and a roster |
|
listing each person to whom an early voting ballot to be voted by |
|
mail is sent. |
|
(b) For each person listed, the applicable roster must |
|
include: |
|
(1) the person's name, address, and voter registration |
|
number; |
|
(2) an identification of the person's county election |
|
precinct of registration; and |
|
(3) the date of voting or the date the ballot was |
|
mailed to the person, as applicable. |
|
(c) Each roster shall be updated daily. |
|
(d) Each roster may be maintained in any form approved by |
|
the secretary of state. |
|
(e) The clerk shall preserve each roster after the election |
|
for the period for preserving the precinct election records. |
|
(f) Information on the roster for a person to whom an early |
|
voting mail ballot has been sent is not available for public |
|
inspection, except to the voter seeking to verify that the |
|
information pertaining to the voter is accurate, until the first |
|
business day after election day. |
|
(g) Information on the roster for a person who votes an |
|
early voting ballot by personal appearance shall be made available |
|
for public inspection as provided by Subsection (i) not later than |
|
11 a.m. on the day after the date the information is entered on the |
|
roster under Subsection (c). |
|
(h) Information on the roster for a person who votes an |
|
early voting ballot by mail shall be made available for public |
|
inspection as provided by Subsection (i) not later than 11 a.m. on |
|
the day following the day the early voting clerk receives any ballot |
|
voted by mail. |
|
(i) The information under Subsections (g) and (h) must be |
|
made available: |
|
(1) for an election in which the county clerk is the |
|
early voting clerk: |
|
(A) on the publicly accessible Internet website |
|
of the county; or |
|
(B) if the county does not maintain a website, on |
|
the bulletin board used for posting notice of meetings of the |
|
commissioners court; or |
|
(2) for an election not described by Subdivision (1): |
|
(A) on the publicly accessible Internet website |
|
of the authority ordering the election; or |
|
(B) if the authority ordering the election does |
|
not maintain a website, on the bulletin board used for posting |
|
notice of meetings of the governing body of the authority. |
|
(j) The early voting clerk for a primary election or the |
|
general election for state and county officers shall submit to the |
|
secretary of state for posting on the secretary of state's Internet |
|
website the information described by: |
|
(1) Subsection (g) not later than 11 a.m. on the day |
|
after the date the information is entered on the roster under |
|
Subsection (c); and |
|
(2) Subsection (h) not later than 11 a.m. on the day |
|
following the day the early voting clerk receives any ballot voted |
|
by mail. |
|
(k) The early voting clerk for a primary election or the |
|
general election for state and county officers shall submit to the |
|
secretary of state for posting on the secretary of state's Internet |
|
website the election day information described by Subsections (g) |
|
and (h) not later than 11 a.m. on the day after the election. |
|
(l) The early voting clerk for a primary election or the |
|
general election for state and county officers shall submit to the |
|
secretary of state for posting on the secretary of state's Internet |
|
website the final rosters containing information described by |
|
Subsections (g) and (h) not later than the 20th day after the date |
|
of the local canvass. |
|
(m) [(k)] The secretary of state shall post the information |
|
described by Subsection (j) on the secretary of state's Internet |
|
website in a downloadable format not later than 11 a.m. on the day |
|
following the day of receipt of the information. |
|
(n) [(l)] The secretary of state shall create a system for |
|
an early voting clerk for a primary election or the general election |
|
for state and county officers to provide the information to the |
|
secretary of state for posting on the secretary of state's Internet |
|
website under Subsection (j). |
|
(o) [(m)] A person registered to vote in the county where |
|
the early voting clerk is conducting early voting may submit a |
|
complaint to the secretary of state stating that an early voting |
|
clerk has not complied with this section. |
|
(p) [(n)] The secretary of state by rule shall create and |
|
maintain a system for receiving and recording complaints made under |
|
this section. |
|
(q) [(o)] The secretary of state shall maintain a record |
|
indicating early voting clerks who have failed to comply with the |
|
requirements of this section. |
|
ARTICLE 8. CHANGES RELATING TO FAMILY CODE |
|
SECTION 8.001. Section 54.047(f), Family Code, as amended |
|
by Section 13, Chapter 948 (S.B. 1480), Acts of the 87th |
|
Legislature, Regular Session, 2021, is repealed to conform to the |
|
repeal of Section 54.047(f), Family Code, by Section 5.01(b)(5), |
|
Chapter 472 (S.B. 41), Acts of the 87th Legislature, Regular |
|
Session, 2021. |
|
SECTION 8.002. Section 161.001(c), Family Code, as amended |
|
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
read as follows: |
|
(c) Evidence of one or more of the following does not |
|
constitute clear and convincing evidence sufficient for a court to |
|
make a finding under Subsection (b) and order termination of the |
|
parent-child relationship: |
|
(1) the parent homeschooled the child; |
|
(2) the parent is economically disadvantaged; |
|
(3) the parent has been charged with a nonviolent |
|
misdemeanor offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) the parent provided or administered low-THC |
|
cannabis to a child for whom the low-THC cannabis was prescribed |
|
under Chapter 169, Occupations Code; |
|
(5) the parent declined immunization for the child for |
|
reasons of conscience, including a religious belief; [or] |
|
(6) the parent sought an opinion from more than one |
|
medical provider relating to the child's medical care, transferred |
|
the child's medical care to a new medical provider, or transferred |
|
the child to another health care facility; or |
|
(7) [(6)] the parent allowed the child to engage in |
|
independent activities that are appropriate and typical for the |
|
child's level of maturity, physical condition, developmental |
|
abilities, or culture. |
|
SECTION 8.003. Section 261.001(4), Family Code, as amended |
|
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
read as follows: |
|
(4) "Neglect" means an act or failure to act by a |
|
person responsible for a child's care, custody, or welfare |
|
evidencing the person's blatant disregard for the consequences of |
|
the act or failure to act that results in harm to the child or that |
|
creates an immediate danger to the child's physical health or |
|
safety and: |
|
(A) includes: |
|
(i) the leaving of a child in a situation |
|
where the child would be exposed to an immediate danger of physical |
|
or mental harm, without arranging for necessary care for the child, |
|
and the demonstration of an intent not to return by a parent, |
|
guardian, or managing or possessory conservator of the child; |
|
(ii) the following acts or omissions by a |
|
person: |
|
(a) placing a child in or failing to |
|
remove a child from a situation that a reasonable person would |
|
realize requires judgment or actions beyond the child's level of |
|
maturity, physical condition, or mental abilities and that results |
|
in bodily injury or an immediate danger of harm to the child; |
|
(b) failing to seek, obtain, or follow |
|
through with medical care for a child, with the failure resulting in |
|
or presenting an immediate danger of death, disfigurement, or |
|
bodily injury or with the failure resulting in an observable and |
|
material impairment to the growth, development, or functioning of |
|
the child; |
|
(c) the failure to provide a child |
|
with food, clothing, or shelter necessary to sustain the life or |
|
health of the child, excluding failure caused primarily by |
|
financial inability unless relief services had been offered and |
|
refused; |
|
(d) placing a child in or failing to |
|
remove the child from a situation in which the child would be |
|
exposed to an immediate danger of sexual conduct harmful to the |
|
child; or |
|
(e) placing a child in or failing to |
|
remove the child from a situation in which the child would be |
|
exposed to acts or omissions that constitute abuse under |
|
Subdivision (1)(E), (F), (G), (H), or (K) committed against another |
|
child; |
|
(iii) the failure by the person responsible |
|
for a child's care, custody, or welfare to permit the child to |
|
return to the child's home without arranging for the necessary care |
|
for the child after the child has been absent from the home for any |
|
reason, including having been in residential placement or having |
|
run away; or |
|
(iv) a negligent act or omission by an |
|
employee, volunteer, or other individual working under the auspices |
|
of a facility or program, including failure to comply with an |
|
individual treatment plan, plan of care, or individualized service |
|
plan, that causes or may cause substantial emotional harm or |
|
physical injury to, or the death of, a child served by the facility |
|
or program as further described by rule or policy; and |
|
(B) does not include: |
|
(i) the refusal by a person responsible for |
|
a child's care, custody, or welfare to permit the child to remain in |
|
or return to the child's home resulting in the placement of the |
|
child in the conservatorship of the department if: |
|
(a) the child has a severe emotional |
|
disturbance; |
|
(b) the person's refusal is based |
|
solely on the person's inability to obtain mental health services |
|
necessary to protect the safety and well-being of the child; and |
|
(c) the person has exhausted all |
|
reasonable means available to the person to obtain the mental |
|
health services described by Sub-subparagraph (b); [or] |
|
(ii) allowing the child to engage in |
|
independent activities that are appropriate and typical for the |
|
child's level of maturity, physical condition, developmental |
|
abilities, or culture; or |
|
(iii) [(ii)] a decision by a person |
|
responsible for a child's care, custody, or welfare to: |
|
(a) obtain an opinion from more than |
|
one medical provider relating to the child's medical care; |
|
(b) transfer the child's medical care |
|
to a new medical provider; or |
|
(c) transfer the child to another |
|
health care facility. |
|
SECTION 8.004. Section 262.116(a), Family Code, as amended |
|
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted and amended to |
|
read as follows: |
|
(a) The Department of Family and Protective Services may not |
|
take possession of a child under this subchapter based on evidence |
|
that the parent: |
|
(1) homeschooled the child; |
|
(2) is economically disadvantaged; |
|
(3) has been charged with a nonviolent misdemeanor |
|
offense other than: |
|
(A) an offense under Title 5, Penal Code; |
|
(B) an offense under Title 6, Penal Code; or |
|
(C) an offense that involves family violence, as |
|
defined by Section 71.004 of this code; |
|
(4) provided or administered low-THC cannabis to a |
|
child for whom the low-THC cannabis was prescribed under Chapter |
|
169, Occupations Code; |
|
(5) declined immunization for the child for reasons of |
|
conscience, including a religious belief; [or] |
|
(6) sought an opinion from more than one medical |
|
provider relating to the child's medical care, transferred the |
|
child's medical care to a new medical provider, or transferred the |
|
child to another health care facility; |
|
(7) [(6)] allowed the child to engage in independent |
|
activities that are appropriate and typical for the child's level |
|
of maturity, physical condition, developmental abilities, or |
|
culture; or |
|
(8) [(7)] tested positive for marihuana, unless the |
|
department has evidence that the parent's use of marihuana has |
|
caused significant impairment to the child's physical or mental |
|
health or emotional development. |
|
ARTICLE 9. CHANGES RELATING TO FINANCE CODE |
|
SECTION 9.001. Section 31.002(a)(15), Finance Code, is |
|
amended to correct a reference to read as follows: |
|
(15) "Deposit" means the establishment of a |
|
debtor-creditor relationship represented by the agreement of the |
|
deposit debtor to act as a holding, paying, or disbursing agent for |
|
the deposit creditor. The term: |
|
(A) includes: |
|
(i) an unpaid balance of money that is |
|
received by the deposit debtor in the usual course of business in |
|
exchange for conditional or unconditional credit to a commercial, |
|
checking, savings, or time account of the deposit creditor or the |
|
creditor's designee, or that is evidenced by a certificate of |
|
deposit or similar instrument, a certified check or draft drawn |
|
against a deposit account, or a letter of credit or traveler's check |
|
on which the deposit debtor is primarily liable, but excluding an |
|
obligation arising under Chapter 151 [152]; |
|
(ii) money or credit given for money |
|
received by the deposit debtor in the usual course of business for a |
|
special purpose, including money: |
|
(a) held as escrow money, as security |
|
for an obligation due to the deposit debtor or another person, or as |
|
security for a loan; |
|
(b) left with a deposit debtor by a |
|
deposit creditor to meet maturing obligations that are not yet due; |
|
and |
|
(c) held by the deposit debtor to meet |
|
an acceptance or letter of credit; |
|
(iii) an outstanding draft, cashier's |
|
check, money order, or other officer's check issued by the deposit |
|
debtor in the usual course of business for any purpose, including |
|
payment for services, dividends, or purchases; and |
|
(iv) an obligation that the finance |
|
commission by rule defines as a deposit liability, except that the |
|
term may not include money received for immediate application to |
|
reduction of an indebtedness; and |
|
(B) does not include an obligation that this |
|
subtitle or finance commission rule determines not to be a deposit |
|
liability. |
|
SECTION 9.002. Sections 59.011(a) and (c), Finance Code, |
|
are amended to conform to the expiration of Title 16, Property Code, |
|
on September 1, 2009, to read as follows: |
|
(a) For purposes of Chapter 27, Property Code, [and Title |
|
16, Property Code,] a federally insured financial institution |
|
regulated under this code is not a builder. |
|
(c) A builder hired by a lender to complete the construction |
|
of a foreclosed home is not liable for any construction defects of |
|
which the builder had no knowledge that existed prior to the |
|
acquisition of the home by the lender, but the builder is subject to |
|
Chapter 27, Property Code, [and Title 16, Property Code,] for work |
|
performed for the lender subsequent to the acquisition of the home |
|
by the lender. |
|
ARTICLE 10. CHANGES RELATING TO GOVERNMENT CODE |
|
SECTION 10.001. The heading to Subchapter H, Chapter 51, |
|
Government Code, is repealed to conform to the repeal of Sections |
|
51.702, 51.703, 51.704, 51.705, 51.706, 51.707, 51.708, 51.709, |
|
51.710, 51.711, and 51.713, Government Code, by Chapter 472 |
|
(S.B. 41), Acts of the 87th Legislature, Regular Session, 2021. |
|
SECTION 10.002. Section 402.0351(b), Government Code, as |
|
amended by Chapters 280 (H.B. 3721) and 1049 (S.B. 1831), Acts of |
|
the 87th Legislature, Regular Session, 2021, is reenacted to read |
|
as follows: |
|
(b) The attorney general by rule shall prescribe the design |
|
and content of a sign required to be posted under this section. The |
|
sign must: |
|
(1) contain information regarding services and |
|
assistance available to victims of human trafficking; |
|
(2) be in English, Spanish, and any other language |
|
determined appropriate by the attorney general in consultation with |
|
the council; and |
|
(3) include: |
|
(A) a toll-free telephone number and Internet |
|
website for accessing human trafficking resources; |
|
(B) the contact information for reporting |
|
suspicious activity to the Department of Public Safety; and |
|
(C) the key indicators that a person is a victim |
|
of human trafficking. |
|
SECTION 10.003. Section 411.179(a), Government Code, as |
|
amended by Chapters 203 (H.B. 918), 383 (S.B. 1134), and 821 (H.B. |
|
2675), Acts of the 87th Legislature, Regular Session, 2021, is |
|
reenacted and amended to read as follows: |
|
(a) The department by rule shall adopt the form of the |
|
license. A license must include: |
|
(1) a number assigned to the license holder by the |
|
department; |
|
(2) a statement of the period for which the license is |
|
effective; |
|
(3) a photograph of the license holder; |
|
(4) the license holder's full name, date of birth, hair |
|
and eye color, height, weight, and signature; |
|
(5) the license holder's residence address or, as |
|
provided by Subsection (d), the street address of the courthouse in |
|
which the license holder or license holder's spouse or parent |
|
serves as a federal judge or the license holder serves as a state |
|
judge; |
|
(6) the number of a driver's license or an |
|
identification certificate issued to the license holder by the |
|
department; |
|
(7) the designation "VETERAN" if required under |
|
Subsection (e); [and] |
|
(8) any at-risk designation for which the license |
|
holder has established eligibility under Section 411.184; and |
|
(9) [(8)] if applicable, a protective order |
|
designation under Section 411.1735. |
|
SECTION 10.004. Section 478.0001(3), Government Code, as |
|
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), 605 (S.B. |
|
1155), and 915 (H.B. 3607), Acts of the 87th Legislature, Regular |
|
Session, 2021, is reenacted and amended to read as follows: |
|
(3) "Event" means any of the following and includes |
|
any activity related to or associated with the following: |
|
(A) the Academy of Country Music Awards; |
|
(B) the Amateur Athletic Union Junior Olympic |
|
Games; |
|
(C) a Big 12 Football Conference Championship |
|
game; |
|
(D) the Breeders' Cup World Championships; |
|
(E) a game of the College Football Playoff or its |
|
successor; |
|
(F) the Confederation of North, Central America |
|
and Caribbean Association Football (Concacaf) Gold Cup; |
|
(G) [(F)] a CONVRG conference; |
|
(H) [(G)] an Elite Rodeo Association World |
|
Championship; |
|
(I) [(H)] a Formula One automobile race; |
|
(J) [(I)] the largest event held each year at a |
|
sports entertainment venue in this state with a permanent seating |
|
capacity, including grandstand and premium seating, of at least |
|
125,000 on September 1, 2021; |
|
(K) [(J)] the Major League Baseball All-Star |
|
Game; |
|
(L) [(K)] the Major League Soccer All-Star Game |
|
or the Major League Soccer Cup; |
|
(M) [(L)] a mixed martial arts championship; |
|
(N) [(M)] the Moto Grand Prix of the United |
|
States; |
|
(O) [(N)] the National Association for Stock Car |
|
Auto Racing (NASCAR): |
|
(i) All-Star Race; |
|
(ii) season-ending Championship Race; or |
|
(iii) Texas Grand Prix race; |
|
(P) [(O)] the National Basketball Association |
|
All-Star Game; |
|
(Q) [(P)] a National Collegiate Athletic |
|
Association Final Four tournament game; |
|
(R) [(Q)] the National Collegiate Athletic |
|
Association men's or women's lacrosse championships; |
|
(S) [(R)] a national collegiate championship of |
|
an amateur sport sanctioned by the national governing body of the |
|
sport that is recognized by the United States Olympic Committee; |
|
(T) [(S)] the National Cutting Horse Association |
|
Triple Crown; |
|
(U) [(T)] the National Hockey League All-Star |
|
Game; |
|
(V) the National Hot Rod Association Fall |
|
Nationals at the Texas Motorplex; |
|
(W) [(U)] a national political convention of the |
|
Republican National Committee or the Democratic National |
|
Committee; |
|
(X) [(V)] a championship event in the National |
|
Reined Cow Horse Association (NRCHA) Championship Series; |
|
(Y) [(W)] an Olympic activity, including a |
|
Junior or Senior activity, training program, or feeder program |
|
sanctioned by the United States Olympic Committee's Community |
|
Olympic Development Program; |
|
(Z) [(X)] a presidential general election |
|
debate; |
|
(AA) [(Y)] the Professional Rodeo Cowboys |
|
Association National Finals Rodeo; |
|
(BB) [(Z)] a Super Bowl; |
|
(CC) [(AA)] the United States Open Championship; |
|
(DD) [(BB)] a World Cup soccer game or the World |
|
Cup soccer tournament; |
|
(EE) [(CC)] the World Games; |
|
(FF) [(DD)] a World Wrestling Entertainment |
|
WrestleMania event; or |
|
(GG) [(EE)] the X Games. |
|
SECTION 10.005. Section 478.0001(7), Government Code, as |
|
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), and 915 (H.B. |
|
3607), Acts of the 87th Legislature, Regular Session, 2021, is |
|
reenacted and amended to read as follows: |
|
(7) "Site selection organization" means: |
|
(A) the Academy of Country Music; |
|
(B) the Amateur Athletic Union; |
|
(C) the Big 12 Conference; |
|
(D) the College Football Playoff Administration, |
|
LLC, or its successor; |
|
(E) the Commission on Presidential Debates; |
|
(F) the Confederation of North, Central America |
|
and Caribbean Association Football (Concacaf); |
|
(G) [(F)] the Democratic National Committee; |
|
(H) [(G)] Dorna Sports; |
|
(I) [(H)] the Elite Rodeo Association; |
|
(J) [(I)] Encore Live; |
|
(K) [(J)] ESPN or an affiliate; |
|
(L) [(K)] the Federation Internationale de |
|
Football Association (FIFA); |
|
(M) [(L)] the International World Games |
|
Association; |
|
(N) [(M)] Major League Baseball; |
|
(O) [(N)] Major League Soccer; |
|
(P) [(O)] the National Association for Stock Car |
|
Auto Racing (NASCAR); |
|
(Q) [(P)] the National Basketball Association; |
|
(R) [(Q)] the National Collegiate Athletic |
|
Association; |
|
(S) [(R)] the National Cutting Horse |
|
Association; |
|
(T) [(S)] the National Football League; |
|
(U) [(T)] the National Hockey League; |
|
(V) the National Hot Rod Association; |
|
(W) [(U)] the National Reined Cow Horse |
|
Association (NRCHA); |
|
(X) [(V)] the Professional Rodeo Cowboys |
|
Association; |
|
(Y) [(W)] the Republican National Committee; |
|
(Z) [(X)] the Ultimate Fighting Championship; |
|
(AA) [(Y)] the United States Golf Association; |
|
(BB) [(Z)] the United States Olympic Committee; |
|
(CC) [(AA)] World Wrestling Entertainment; or |
|
(DD) [(BB)] the national governing body of a |
|
sport that is recognized by: |
|
(i) the Federation Internationale de |
|
l'Automobile; |
|
(ii) Formula One Management Limited; |
|
(iii) the National Thoroughbred Racing |
|
Association; or |
|
(iv) the United States Olympic Committee. |
|
SECTION 10.006. Section 478.0053, Government Code, as |
|
amended by Chapter 10 (H.B. 1472), Acts of the 87th Legislature, |
|
Regular Session, 2021, is amended to conform to the amendment of |
|
Section 478.0001(3), Government Code, by Chapter 915 (H.B. 3607), |
|
Acts of the 87th Legislature, Regular Session, 2021, to read as |
|
follows: |
|
Sec. 478.0053. EXEMPTION FROM CERTAIN ELIGIBILITY |
|
REQUIREMENT FOR CERTAIN LARGE VENUES. Section 478.0051(b)(1) does |
|
not apply to an event described by Section 478.0001(3)(J) |
|
[478.0001(3)(H)]. If an endorsing municipality or endorsing county |
|
requests the office to make a determination under Section 478.0102 |
|
for an event described by Section 478.0001(3)(J) [478.0001(3)(H)], |
|
the remaining provisions of this chapter apply to that event as if |
|
the event satisfied the eligibility requirements under Section |
|
478.0051(b)(1). |
|
SECTION 10.007. Section 508.151(a), Government Code, is |
|
amended to conform to the amendment of Article 42A.054(a), Code of |
|
Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th |
|
Legislature, Regular Session, 2019, to read as follows: |
|
(a) For the purpose of diverting inmates to halfway houses |
|
under Section 508.118, a parole panel, after reviewing all |
|
available pertinent information, may designate a presumptive |
|
parole date for an inmate who: |
|
(1) has never been convicted of an offense listed |
|
under Article 42A.054(a), Code of Criminal Procedure, or an offense |
|
under Section [20A.03 or] 21.02, Penal Code; and |
|
(2) has never had a conviction with a judgment that |
|
contains an affirmative finding under Article 42A.054(c) or (d), |
|
Code of Criminal Procedure. |
|
SECTION 10.008. Section 2273.004(a), Government Code, is |
|
amended to correct a reference to read as follows: |
|
(a) The attorney general may bring an action in the name of |
|
the state to enjoin a violation of Section 2273.003 [2272.003]. The |
|
attorney general may recover reasonable attorney's fees and costs |
|
incurred in bringing an action under this subsection. |
|
ARTICLE 11. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 11.001. Section 62.1571, Health and Safety Code, as |
|
amended by Chapters 624 (H.B. 4) and 811 (H.B. 2056), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
to read as follows: |
|
Sec. 62.1571. TELEMEDICINE MEDICAL SERVICES, [AND] |
|
TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES. (a) In |
|
providing covered benefits to a child, a health plan provider must |
|
permit benefits to be provided through telemedicine medical |
|
services, [and] teledentistry dental services, and telehealth |
|
services in accordance with policies developed by the commission. |
|
(b) The policies must provide for: |
|
(1) the availability of covered benefits |
|
appropriately provided through telemedicine medical services, |
|
[and] teledentistry dental services, and [or] telehealth services |
|
that are comparable to the same types of covered benefits provided |
|
without the use of telemedicine medical services, [and] |
|
teledentistry dental services, and [or] telehealth services; and |
|
(2) the availability of covered benefits for different |
|
services performed by multiple health care providers during a |
|
single session of telemedicine medical services, teledentistry |
|
dental services, or both services, or of telehealth services, if |
|
the executive commissioner determines that delivery of the covered |
|
benefits in that manner is cost-effective in comparison to the |
|
costs that would be involved in obtaining the services from |
|
providers without the use of telemedicine medical services, [or] |
|
teledentistry dental services, or telehealth services, including |
|
the costs of transportation and lodging and other direct costs. |
|
(c) In this section, "teledentistry dental service," [and] |
|
"telehealth service," and "telemedicine medical service" have the |
|
meanings assigned by Section 531.001, Government Code. |
|
SECTION 11.002. Sections 481.134(b) and (c), Health and |
|
Safety Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. |
|
1540), Acts of the 87th Legislature, Regular Session, 2021, are |
|
reenacted to read as follows: |
|
(b) An offense otherwise punishable as a state jail felony |
|
under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or |
|
481.120 is punishable as a felony of the third degree, an offense |
|
otherwise punishable as a felony of the third degree under any of |
|
those sections is punishable as a felony of the second degree, and |
|
an offense otherwise punishable as a felony of the second degree |
|
under any of those sections is punishable as a felony of the first |
|
degree, if it is shown at the punishment phase of the trial of the |
|
offense that the offense was committed: |
|
(1) in, on, or within 1,000 feet of premises owned, |
|
rented, or leased by an institution of higher learning, the |
|
premises of a public or private youth center, or a playground; |
|
(2) in, on, or within 300 feet of the premises of a |
|
public swimming pool or video arcade facility; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
(c) The minimum term of confinement or imprisonment for an |
|
offense otherwise punishable under Section 481.112(c), (d), (e), or |
|
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), |
|
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), |
|
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), |
|
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), |
|
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or |
|
(6) is increased by five years and the maximum fine for the offense |
|
is doubled if it is shown on the trial of the offense that the |
|
offense was committed: |
|
(1) in, on, or within 1,000 feet of the premises of a |
|
school, the premises of a public or private youth center, or a |
|
playground; |
|
(2) on a school bus; or |
|
(3) by any unauthorized person 18 years of age or |
|
older, in, on, or within 1,000 feet of premises owned, rented, or |
|
leased by a general residential operation operating as a |
|
residential treatment center. |
|
SECTION 11.003. Section 692A.020(i), Health and Safety |
|
Code, is amended to correct a typographical error to read as |
|
follows: |
|
(i) The Glenda Dawson Donate Life-Texas Registry fund is |
|
created as a trust fund outside the state treasury to be held by the |
|
comptroller and administered by the Department of Public Safety as |
|
trustee on behalf of the statewide donor registry maintained for |
|
the benefit of the citizens of this state. The fund is composed of |
|
money deposited to the credit of the fund under Sections |
|
502.405(b), 521.008, and 521.422(c), Transportation Code, as |
|
provided by those sections [subsections]. Money in the fund shall |
|
be disbursed at least monthly, without appropriation, to the |
|
nonprofit organization administering the registry to pay the costs |
|
of: |
|
(1) maintaining, operating, and updating the |
|
Internet-based registry and establishing procedures for an |
|
individual to be added to the registry; |
|
(2) designing and distributing educational materials |
|
for prospective donors as required under this section; and |
|
(3) providing education under this chapter. |
|
SECTION 11.004. Section 711.002(a), Health and Safety Code, |
|
is amended to correct a reference to read as follows: |
|
(a) Except as provided by Subsection (l), unless a decedent |
|
has left directions in writing for the disposition of the |
|
decedent's remains as provided in Subsection (g), the following |
|
persons, in the priority listed, have the right to control the |
|
disposition, including cremation, of the decedent's remains, shall |
|
inter the remains, and in accordance with Subsection (a-3) [(a-1)] |
|
are liable for the reasonable cost of interment: |
|
(1) the person designated in a written instrument |
|
signed by the decedent; |
|
(2) the decedent's surviving spouse; |
|
(3) any one of the decedent's surviving adult |
|
children; |
|
(4) either one of the decedent's surviving parents; |
|
(5) any one of the decedent's surviving adult |
|
siblings; |
|
(6) any one or more of the duly qualified executors or |
|
administrators of the decedent's estate; or |
|
(7) any adult person in the next degree of kinship in |
|
the order named by law to inherit the estate of the decedent. |
|
SECTION 11.005. Section 771.060, Health and Safety Code, is |
|
amended to correct a reference to read as follows: |
|
Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE |
|
SWITCHES. A business service user that provides residential |
|
facilities and owns or leases a private telephone switch used to |
|
provide telephone service to facility residents shall provide to |
|
those residential end users the same level of 9-1-1 service that a |
|
service supplier is providing to other residential end users in the |
|
area participating in the regional plan under Section 771.051(a)(2) |
|
[771.051(2)]. |
|
ARTICLE 12. CHANGES RELATING TO HUMAN RESOURCES CODE |
|
SECTION 12.001. Section 42.048(e), Human Resources Code, as |
|
amended by Chapters 37 (S.B. 863) and 547 (S.B. 225), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted to read as |
|
follows: |
|
(e) A license issued under this chapter is not transferable |
|
and applies only to the operator stated in the license application. |
|
A change in ownership automatically revokes a license. |
|
ARTICLE 13. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 13.001. The heading to Subchapter C, Chapter 1109, |
|
Insurance Code, is repealed to conform to the repeal of Section |
|
1109.101, Insurance Code, by Section 18(2), Chapter 52 (H.B. 1514), |
|
Acts of the 87th Legislature, Regular Session, 2021. |
|
ARTICLE 14. CHANGES RELATING TO LABOR CODE |
|
SECTION 14.001. Section 51.016(h), Labor Code, as amended |
|
by Chapters 79 (S.B. 315) and 942 (S.B. 766), Acts of the 87th |
|
Legislature, Regular Session, 2021, is reenacted to read as |
|
follows: |
|
(h) The commission, the attorney general, or a law |
|
enforcement agency may inspect a record maintained under this |
|
section and request proof of E-verify program information |
|
verification if there is good reason to believe that an individual |
|
younger than 21 years of age is employed or has been employed by, or |
|
has entered into a contract, other than a contract described by |
|
Subsection (g), for the performance of work or the provision of a |
|
service with, the sexually oriented business within the five years |
|
preceding the date of the inspection. |
|
ARTICLE 15. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 15.001. Section 51.131(a), Natural Resources Code, |
|
is amended to correct a reference to read as follows: |
|
(a) For each lease issued under this subchapter for |
|
agricultural or grazing purposes, the commissioner may require the |
|
lessee to implement a soil and water conservation plan approved by |
|
the commissioner. The commissioner, in reviewing a plan, and the |
|
lessee, in implementing a plan, may be assisted by the United States |
|
Department of Agriculture Natural Resources Conservation Service. |
|
SECTION 15.002. Section 81.073, Natural Resources Code, as |
|
added by Chapter 931 (H.B. 3648), Acts of the 87th Legislature, |
|
Regular Session, 2021, is repealed as duplicative of Section |
|
81.073, Natural Resources Code, as added by Chapter 426 (S.B. 3), |
|
Acts of the 87th Legislature, Regular Session, 2021. |
|
ARTICLE 16. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 16.001. Section 51.002, Occupations Code, as |
|
amended by Chapters 663 (H.B. 1560) and 850 (S.B. 713), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted to read as |
|
follows: |
|
Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas |
|
Commission of Licensing and Regulation and the Texas Department of |
|
Licensing and Regulation are subject to Chapter 325, Government |
|
Code (Texas Sunset Act). Unless continued in existence as provided |
|
by that chapter, the commission and the department are abolished |
|
September 1, 2033. |
|
SECTION 16.002. Section 568.003(a), Occupations Code, is |
|
amended to correct cross-references to conform to Chapter 1463 |
|
(H.B. 2950), Acts of the 77th Legislature, Regular Session, 2001, |
|
to read as follows: |
|
(a) The board may take disciplinary action under Section |
|
568.0035 against an applicant for or the holder of a current or |
|
expired pharmacy technician or pharmacy technician trainee |
|
registration if the board determines that the applicant or |
|
registrant has: |
|
(1) violated this subtitle or a rule adopted under |
|
this subtitle; |
|
(2) engaged in gross immorality, as that term is |
|
defined by the rules of the board; |
|
(3) engaged in any fraud, deceit, or |
|
misrepresentation, as those terms are defined by the rules of the |
|
board, in seeking a registration to act as a pharmacy technician or |
|
pharmacy technician trainee; |
|
(4) been convicted of or placed on deferred |
|
adjudication community supervision or deferred disposition or the |
|
applicable federal equivalent for: |
|
(A) a misdemeanor: |
|
(i) involving moral turpitude; or |
|
(ii) under Chapter 481 or 483, Health and |
|
Safety Code, or the Comprehensive Drug Abuse Prevention and Control |
|
Act of 1970 (21 U.S.C. Section 801 et seq.); or |
|
(B) a felony; |
|
(5) developed an incapacity that prevents the |
|
applicant or registrant from practicing as a pharmacy technician or |
|
pharmacy technician trainee with reasonable skill, competence, and |
|
safety to the public; |
|
(6) violated: |
|
(A) Chapter 481 or 483, Health and Safety Code, |
|
or rules relating to those chapters; |
|
(B) Sections 485.031-485.034 [485.031-485.035], |
|
Health and Safety Code; or |
|
(C) a rule adopted under Section 485.002 |
|
[485.011], Health and Safety Code; |
|
(7) violated the pharmacy or drug laws or rules of this |
|
state, another state, or the United States; |
|
(8) performed duties in a pharmacy that only a |
|
pharmacist may perform, as defined by the rules of the board; |
|
(9) used alcohol or drugs in an intemperate manner |
|
that, in the board's opinion, could endanger a patient's life; |
|
(10) engaged in negligent, unreasonable, or |
|
inappropriate conduct when working in a pharmacy; |
|
(11) violated a disciplinary order; |
|
(12) been convicted or adjudicated of a criminal |
|
offense that requires registration as a sex offender under Chapter |
|
62, Code of Criminal Procedure; or |
|
(13) been disciplined by a pharmacy or other health |
|
regulatory board of this state or another state for conduct |
|
substantially equivalent to conduct described by this subsection. |
|
SECTION 16.003. The heading to Subchapter K, Chapter 701, |
|
Occupations Code, is repealed to conform to the repeal of Section |
|
701.512, Occupations Code, by Chapter 663 (H.B. 1560), Acts of the |
|
87th Legislature, Regular Session, 2021. |
|
ARTICLE 17. CHANGES RELATING TO PENAL CODE |
|
SECTION 17.001. Section 12.35(c), Penal Code, is amended to |
|
conform to the amendment of Article 42A.054(a), Code of Criminal |
|
Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th |
|
Legislature, Regular Session, 2019, to read as follows: |
|
(c) An individual adjudged guilty of a state jail felony |
|
shall be punished for a third degree felony if it is shown on the |
|
trial of the offense that: |
|
(1) a deadly weapon as defined by Section 1.07 was used |
|
or exhibited during the commission of the offense or during |
|
immediate flight following the commission of the offense, and that |
|
the individual used or exhibited the deadly weapon or was a party to |
|
the offense and knew that a deadly weapon would be used or |
|
exhibited; or |
|
(2) the individual has previously been finally |
|
convicted of any felony: |
|
(A) under Section [20A.03 or] 21.02 or listed in |
|
Article 42A.054(a), Code of Criminal Procedure; or |
|
(B) for which the judgment contains an |
|
affirmative finding under Article 42A.054(c) or (d), Code of |
|
Criminal Procedure. |
|
SECTION 17.002. Section 42.03, Penal Code, as amended by |
|
Chapters 197 (H.B. 9) and 949 (S.B. 1495), Acts of the 87th |
|
Legislature, Regular Session, 2021, is amended by reenacting and |
|
amending Subsection (c) and adding Subsection (c-1) to read as |
|
follows: |
|
(c) Except as otherwise provided by Subsections (c-1), (d), |
|
and (e), an offense under this section is a Class B misdemeanor. |
|
(c-1) An offense under this section [, except that the |
|
offense] is a state jail felony if, in committing the offense, the |
|
actor knowingly: |
|
(1) prevents the passage of an authorized emergency |
|
vehicle, as defined by Section 541.201, Transportation Code, that |
|
is operating the vehicle's emergency audible or visual signals |
|
required by Section 546.003, Transportation Code; or |
|
(2) obstructs access to a hospital licensed under |
|
Chapter 241, Health and Safety Code, or other health care facility |
|
that provides emergency medical care, as defined by Section |
|
773.003, Health and Safety Code. |
|
SECTION 17.003. Section 43.02(c-2), Penal Code, as added by |
|
Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th |
|
Legislature, Regular Session, 2021, is transferred to Section |
|
43.021, Penal Code, redesignated as Section 43.021(b-1), Penal |
|
Code, and amended to read as follows: |
|
(b-1) [(c-2)] The punishment prescribed for an offense |
|
under Subsection (a) [(b)] is increased to the punishment |
|
prescribed for the next highest category of offense if it is shown |
|
on the trial of the offense that the actor committed the offense in |
|
a location that was: |
|
(1) on the premises of or within 1,000 feet of the |
|
premises of a school; or |
|
(2) on premises or within 1,000 feet of premises |
|
where: |
|
(A) an official school function was taking place; |
|
or |
|
(B) an event sponsored or sanctioned by the |
|
University Interscholastic League was taking place. |
|
SECTION 17.004. Sections 46.035(b), (c), and (d), Penal |
|
Code, as amended by Chapter 481 (H.B. 2112) and Chapter 518 (S.B. |
|
550), Acts of the 87th Legislature, Regular Session, 2021, are |
|
repealed to conform to the repeal of Section 46.035, Penal Code, by |
|
Chapter 809 (H.B. 1927), Acts of the 87th Legislature, Regular |
|
Session, 2021. |
|
SECTION 17.005. Section 46.06(a), Penal Code, is amended to |
|
correct a reference to read as follows: |
|
(a) A person commits an offense if the person: |
|
(1) sells, rents, leases, loans, or gives a handgun to |
|
any person knowing that the person to whom the handgun is to be |
|
delivered intends to use it unlawfully or in the commission of an |
|
unlawful act; |
|
(2) intentionally or knowingly sells, rents, leases, |
|
or gives or offers to sell, rent, lease, or give to any child |
|
younger than 18 years of age any firearm, club, or |
|
location-restricted knife; |
|
(3) intentionally, knowingly, or recklessly sells a |
|
firearm or ammunition for a firearm to any person who is |
|
intoxicated; |
|
(4) knowingly sells a firearm or ammunition for a |
|
firearm to any person who has been convicted of a felony before the |
|
fifth anniversary of the later of the following dates: |
|
(A) the person's release from confinement |
|
following conviction of the felony; or |
|
(B) the person's release from supervision under |
|
community supervision, parole, or mandatory supervision following |
|
conviction of the felony; |
|
(5) sells, rents, leases, loans, or gives a handgun to |
|
any person knowing that an active protective order is directed to |
|
the person to whom the handgun is to be delivered; |
|
(6) knowingly purchases, rents, leases, or receives as |
|
a loan or gift from another a handgun while an active protective |
|
order is directed to the actor; or |
|
(7) while prohibited from possessing a firearm under |
|
state or federal law, knowingly makes a material false statement on |
|
a form that is: |
|
(A) required by state or federal law for the |
|
purchase, sale, or other transfer of a firearm; and |
|
(B) submitted to a [licensed] firearms dealer |
|
licensed under [, as defined by] 18 U.S.C. Section 923. |
|
ARTICLE 18. CHANGES RELATING TO PROPERTY CODE |
|
SECTION 18.001. Section 5.018, Property Code, is repealed |
|
to conform to the expiration of Title 16, Property Code, on |
|
September 1, 2009. |
|
ARTICLE 19. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE |
|
SECTION 19.001. Section 1013.104(b), Special District Local |
|
Laws Code, is amended to correct a typographical error to read as |
|
follows: |
|
(b) The hospital system may include: |
|
(1) facilities and equipment for domiciliary |
|
[domiliciary] care and treatment of sick, injured, or geriatric |
|
patients; |
|
(2) outpatient clinics; |
|
(3) convalescent home facilities; |
|
(4) physicians' offices; and |
|
(5) any other facilities or equipment the board |
|
considers necessary for hospital purposes. |
|
SECTION 19.002. Section 1100.064(a), Special District |
|
Local Laws Code, is amended to correct a typographical error to read |
|
as follows: |
|
(a) The district may spend district money to recruit |
|
physicians [physicans], nurses, or other trained medical |
|
personnel. |
|
ARTICLE 20. CHANGES RELATING TO TAX CODE |
|
SECTION 20.001. (a) Section 5.102(a), Tax Code, is amended |
|
to conform to the amendment of Section 5.102, Tax Code, by Chapter |
|
490 (H.B. 3384), Acts of the 86th Legislature, Regular Session, |
|
2019, to read as follows: |
|
(a) At least once every two years, the comptroller shall |
|
review the governance of each appraisal district, the taxpayer |
|
assistance provided by each appraisal district, and the operating |
|
and appraisal standards, procedures, and methodology used by each |
|
appraisal district, to determine compliance with generally |
|
accepted standards, procedures, and methodology, including |
|
compliance with standards, procedures, and methodology prescribed |
|
by any appraisal manuals required by law to be prepared and issued |
|
by the comptroller. [After consultation with the property tax |
|
administration advisory board, the comptroller by rule may |
|
establish procedures and standards for conducting and scoring the |
|
review.] |
|
(b) Section 5.102(a-2), Tax Code, is amended to conform to |
|
the amendment of Section 5.102(a), Tax Code, by Chapter 944 (S.B. |
|
2), Acts of the 86th Legislature, Regular Session, 2019, to read as |
|
follows: |
|
(a-2) After consultation with the property tax |
|
administration advisory board [committee created under Section |
|
403.302, Government Code], the comptroller by rule may establish |
|
procedures and standards for conducting and scoring a review under |
|
this section. |
|
SECTION 20.002. Section 171.0002(c), Tax Code, is amended to |
|
correct a reference to read as follows: |
|
(c) "Taxable entity" does not include an entity that is: |
|
(1) a grantor trust as defined by Sections 671 and |
|
7701(a)(30)(E), Internal Revenue Code, all of the grantors and |
|
beneficiaries of which are natural persons or charitable entities |
|
as described in Section 501(c)(3), Internal Revenue Code, excluding |
|
a trust taxable as a business entity pursuant to Treasury |
|
Regulation Section 301.7701-4(b); |
|
(2) an estate of a natural person as defined by Section |
|
7701(a)(30)(D), Internal Revenue Code, excluding an estate taxable |
|
as a business entity pursuant to Treasury Regulation Section |
|
301.7701-4(b); |
|
(3) an escrow; |
|
(4) a real estate investment trust (REIT) as defined |
|
by Section 856, Internal Revenue Code, and its "qualified REIT |
|
subsidiary" entities as defined by Section 856(i)(2), Internal |
|
Revenue Code, provided that: |
|
(A) a REIT with any amount of its assets in direct |
|
holdings of real estate, other than real estate it occupies for |
|
business purposes, as opposed to holding interests in limited |
|
partnerships or other entities that directly hold the real estate, |
|
is a taxable entity; and |
|
(B) a limited partnership or other entity that |
|
directly holds the real estate as described in Paragraph (A) is not |
|
exempt under this subdivision, without regard to whether a REIT |
|
holds an interest in it; |
|
(5) a real estate mortgage investment conduit (REMIC), |
|
as defined by Section 860D, Internal Revenue Code; |
|
(6) a nonprofit self-insurance trust created under |
|
Chapter 2212, Insurance Code, or a predecessor statute; |
|
(7) a trust qualified under Section 401(a), Internal |
|
Revenue Code; |
|
(8) a trust or other entity that is exempt under |
|
Section 501(c)(9), Internal Revenue Code; or |
|
(9) an unincorporated entity organized as a political |
|
committee under the Election Code or the provisions of the Federal |
|
Election Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.) [(2 |
|
U.S.C. Section 431 et seq.)]. |
|
ARTICLE 21. CHANGES RELATING TO TRANSPORTATION CODE |
|
SECTION 21.001. Section 503.0626(c), Transportation Code, |
|
is amended to correct a reference to read as follows: |
|
(c) Before a dealer's or converter's temporary tag may be |
|
displayed on a vehicle, the dealer or converter must enter into the |
|
database through the Internet information on the vehicle and |
|
information about the dealer or converter as prescribed by the |
|
department. Except as provided by Section 503.0632(f) |
|
[506.0632(f)], the department may not deny access to the database |
|
to any dealer who holds a general distinguishing number issued |
|
under this chapter or who is licensed under Chapter 2301, |
|
Occupations Code, or to any converter licensed under Chapter 2301, |
|
Occupations Code. |
|
SECTION 21.002. Section 503.0631(c), Transportation Code, |
|
is amended to correct a reference to read as follows: |
|
(c) Except as provided by Subsection (d), before a buyer's |
|
temporary tag may be displayed on a vehicle, a dealer must enter |
|
into the database through the Internet information about the buyer |
|
of the vehicle for which the tag was issued as prescribed by the |
|
department and generate a vehicle-specific number for the tag as |
|
required by Section 503.063(e). Except as provided by Section |
|
503.0632(f) [506.0632(f)], the department may not deny access to |
|
the database to any dealer who holds a general distinguishing |
|
number issued under this chapter or who is licensed under Chapter |
|
2301, Occupations Code. |
|
SECTION 21.003. Section 644.101(c), Transportation Code, |
|
as amended by Chapters 74 (H.B. 2749) and 429 (S.B. 901), Acts of |
|
the 87th Legislature, Regular Session, 2021, is reenacted and |
|
amended to read as follows: |
|
(c) A sheriff or a deputy sheriff of any of the following |
|
counties is eligible to apply for certification under this section: |
|
(1) a county bordering the United Mexican States; |
|
(2) a county with a population of less than 1,000, part |
|
of which is located within 75 miles of an international border; |
|
(3) a county with a population of 700,000 or more; |
|
(4) a county with a population of 400,000 or more that |
|
borders the county in which the State Capitol is located; [or] |
|
(5) a county with a population of less than 250,000 |
|
that: |
|
(A) is adjacent to two counties that each have a |
|
population of more than 1.2 million; and |
|
(B) contains two highways that are part of the |
|
national system of interstate and defense highways; |
|
(6) [(5)] a county: |
|
(A) any part of which is within 30 miles of New |
|
Mexico; and |
|
(B) that is adjacent to two or more counties that |
|
generated $100 million or more in tax revenue collected under |
|
Chapters 201 and 202, Tax Code, from oil and gas production during |
|
the preceding state fiscal year; or |
|
(7) [(6)] a county with a population of more than |
|
40,000 and less than 300,000 that is adjacent to a county described |
|
by Subdivision (4). |
|
ARTICLE 22. CHANGES RELATING TO UTILITIES CODE |
|
SECTION 22.001. Section 31.002(6), Utilities Code, as |
|
amended by Chapters 255 (H.B. 1572) and 389 (S.B. 1202), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
to read as follows: |
|
(6) "Electric utility" means a person or river |
|
authority that owns or operates for compensation in this state |
|
equipment or facilities to produce, generate, transmit, |
|
distribute, sell, or furnish electricity in this state. The term |
|
includes a lessee, trustee, or receiver of an electric utility and a |
|
recreational vehicle park owner who does not comply with Subchapter |
|
C, Chapter 184, with regard to the metered sale of electricity at |
|
the recreational vehicle park. The term does not include: |
|
(A) a municipal corporation; |
|
(B) a qualifying facility; |
|
(C) a power generation company; |
|
(D) an exempt wholesale generator; |
|
(E) a power marketer; |
|
(F) a corporation described by Section 32.053 to |
|
the extent the corporation sells electricity exclusively at |
|
wholesale and not to the ultimate consumer; |
|
(G) an electric cooperative; |
|
(H) a retail electric provider; |
|
(I) this state or an agency of this state; or |
|
(J) a person not otherwise an electric utility |
|
who: |
|
(i) furnishes an electric service or |
|
commodity only to itself, its employees, or its tenants as an |
|
incident of employment or tenancy, if that service or commodity is |
|
not resold to or used by others; |
|
(ii) owns or operates in this state |
|
equipment or facilities to produce, generate, transmit, |
|
distribute, sell, or furnish electric energy to an electric |
|
utility, if the equipment or facilities are used primarily to |
|
produce and generate electric energy for consumption by that |
|
person; |
|
(iii) owns or operates in this state a |
|
recreational vehicle park that provides metered electric service in |
|
accordance with Subchapter C, Chapter 184; [or] |
|
(iv) owns or operates equipment used solely |
|
to provide electricity charging service for consumption by an |
|
alternatively fueled vehicle, as defined by Section 502.004, |
|
Transportation Code; or |
|
(v) [(iv)] is an electric generation |
|
equipment lessor or operator. |
|
SECTION 22.002. Sections 33.0211(c) and (d), Utilities |
|
Code, are amended to correct typographical errors to read as |
|
follows: |
|
(c) If a municipally owned utility has not transferred funds |
|
to the defunding municipality described by Subsection (a) in the |
|
immediately preceding 12 months, the municipally owned utility may |
|
increase its rates to account for: |
|
(1) pass-through charges imposed by a state regulatory |
|
body or the independent organization certified under Section |
|
39.151; |
|
(2) fuel, hedging, or wholesale power cost increases; |
|
or |
|
(3) fulfillment of [to fulfill] debt obligations or |
|
compliance [comply] with Chapter 1502, Government Code. |
|
(d) A municipally owned utility that increases rates under |
|
[this] Subsection (c) may not transfer funds to the defunding |
|
municipality described by Subsection (a) until the date the |
|
criminal justice division of the governor's office issues a written |
|
determination in accordance with Section 109.005, Local Government |
|
Code, finding that the municipality described by Subsection (a) has |
|
reversed the reduction described by Section 109.003(1), Local |
|
Government Code. |
|
SECTION 22.003. (a) Section 39.002, Utilities Code, as |
|
amended by Chapters 950 (S.B. 1580) and 908 (H.B. 4492), Acts of the |
|
87th Legislature, Regular Session, 2021, is reenacted and amended |
|
to read as follows: |
|
Sec. 39.002. APPLICABILITY. This chapter, other than |
|
Sections 39.151, 39.1516, 39.155, 39.157(e), [39.159, 39.160,] |
|
39.161, 39.162, 39.163, 39.203, 39.904, 39.9051, 39.9052, and |
|
39.914(e), and Subchapters M and N, 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. |
|
(b) Sections 39.159 and 39.160, Utilities Code, as added by |
|
Chapter 950 (S.B. 1580), Acts of the 87th Legislature, Regular |
|
Session, 2021, are redesignated as Sections 39.161 and 39.162, |
|
Utilities Code, respectively. |
|
(c) Section 39.159, Utilities Code, as added by Chapter 908 |
|
(H.B. 4492), Acts of the 87th Legislature, Regular Session, 2021, |
|
is redesignated as Section 39.163, Utilities Code. |
|
(d) Section 39.159, Utilities Code, as added by Chapter 73 |
|
(H.B. 2586), Acts of the 87th Legislature, Regular Session, 2021, |
|
is redesignated as Section 39.164, Utilities Code. |
|
(e) Section 39.159, Utilities Code, as added by Chapter 876 |
|
(S.B. 1281), Acts of the 87th Legislature, Regular Session, 2021, |
|
is redesignated as Section 39.165, Utilities Code. |
|
SECTION 22.004. Section 39.918(b), Utilities Code, is |
|
amended to correct a reference to read as follows: |
|
(b) Notwithstanding any other provision of this subtitle, a |
|
transmission and distribution utility may: |
|
(1) lease and operate facilities that provide |
|
temporary emergency electric energy to aid in restoring power to |
|
the utility's distribution customers during a widespread power |
|
outage in which: |
|
(A) the independent system operator has ordered |
|
the utility to shed load; or |
|
(B) the utility's distribution facilities are |
|
not being fully served by the bulk power system under normal |
|
operations; and |
|
(2) procure, own, and operate, or enter into a |
|
cooperative agreement with other transmission and distribution |
|
utilities to procure, own, and operate jointly, transmission and |
|
distribution facilities that have a lead time of at least six months |
|
and would aid in restoring power to the utility's distribution |
|
customers following a widespread power outage. In this section, |
|
long lead time facilities may not be electric energy storage |
|
equipment or facilities under Chapter 35[, Utilities Code]. |
|
ARTICLE 23. CHANGES RELATING TO REVISED STATUTES |
|
SECTION 23.001. The following provisions are repealed to |
|
conform to the repeal of the substance of the chapters: |
|
(1) the heading to Chapter 18, Title 32, Revised |
|
Statutes; |
|
(2) the heading to Chapter 4, Title 70, Revised |
|
Statutes; and |
|
(3) the heading to Chapter 1, Title 71, Revised |
|
Statutes. |
|
ARTICLE 24. REDESIGNATIONS |
|
SECTION 24.001. The following provisions of enacted codes |
|
are redesignated to eliminate duplicate citations: |
|
(1) Chapter 113, Business & Commerce Code, as added by |
|
Chapter 561 (S.B. 398), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 115, Business & Commerce |
|
Code, and Sections 113.001, 113.002, 113.003, 113.004, and 113.005, |
|
Business & Commerce Code, as added by that Act, are redesignated as |
|
Sections 115.001, 115.002, 115.003, 115.004, and 115.005, Business & |
|
Commerce Code, respectively. |
|
(2) Chapter 113, Business & Commerce Code, as added by |
|
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 117, Business & Commerce |
|
Code, and Sections 113.001, 113.002, and 113.003, Business & |
|
Commerce Code, as added by that Act, are redesignated as Sections |
|
117.001, 117.002, and 117.003, Business & Commerce Code, |
|
respectively. |
|
(3) Chapter 114, Business & Commerce Code, as added by |
|
Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 118, Business & Commerce |
|
Code, and Sections 114.0001, 114.0002, 114.0003, 114.0004, and |
|
114.0005, Business & Commerce Code, as added by that Act, are |
|
redesignated as Sections 118.0001, 118.0002, 118.0003, 118.0004, |
|
and 118.0005, Business & Commerce Code, respectively. |
|
(4) Chapter 116, Business & Commerce Code, as added by |
|
Chapter 512 (S.B. 291), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 119, Business & Commerce |
|
Code, and Section 116.0001, Business & Commerce Code, as added by |
|
that Act, is redesignated as Section 119.0001, Business & Commerce |
|
Code. |
|
(5) Chapter 608, Business & Commerce Code, as added by |
|
Chapter 245 (H.B. 1372), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 609, Business & Commerce |
|
Code, and Section 608.001, Business & Commerce Code, as added by |
|
that Act, is redesignated as Section 609.001, Business & Commerce |
|
Code. |
|
(6) Article 2.33, Code of Criminal Procedure, as added |
|
by Chapter 534 (S.B. 69), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Article 2.34, Code of Criminal |
|
Procedure. |
|
(7) Article 2.33, Code of Criminal Procedure, as added |
|
by Chapter 979 (S.B. 2212), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Article 2.35, Code of Criminal |
|
Procedure. |
|
(8) Subsection (a-1), Article 7B.001, Code of Criminal |
|
Procedure, as added by Chapter 846 (S.B. 623), Acts of the 87th |
|
Legislature, Regular Session, 2021, is redesignated as Subsection |
|
(a-3), Article 7B.001, Code of Criminal Procedure. |
|
(9) Subsection (g), Section 11.175, Education Code, as |
|
added by Chapter 1045 (S.B. 1267), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subsection (h-1), Section |
|
11.175, Education Code. |
|
(10) Subdivision (4), Section 21.001, Education Code, |
|
as added by Chapter 215 (H.B. 159), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subdivision (3-a), |
|
Section 21.001, Education Code. |
|
(11) Section 33.0832, Education Code, as added by |
|
Chapter 235 (H.B. 1080), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 33.0833, Education Code. |
|
(12) Subchapter E, Chapter 109, Education Code, as |
|
added by Chapter 417 (H.B. 1522), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter F, Chapter |
|
109, Education Code, and Sections 109.201, 109.202, 109.203, |
|
109.204, and 109.205, Education Code, as added by that Act, are |
|
redesignated as Sections 109.251, 109.252, 109.253, 109.254, and |
|
109.255, Education Code, respectively. |
|
(13) Section 1001.1021, Education Code, as added by |
|
Chapter 924 (H.B. 3212), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 1001.1022, Education |
|
Code. |
|
(14) Section 31.126, Election Code, as added by |
|
Chapter 360 (S.B. 231), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 31.127, Election Code. |
|
(15) Subchapter R, Chapter 403, Government Code, as |
|
added by Chapter 659 (H.B. 1505), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter S, Chapter |
|
403, Government Code, and Sections 403.501, 403.502, and 403.503, |
|
Government Code, as added by that Act, are redesignated as Sections |
|
403.551, 403.552, and 403.553, Government Code, respectively. |
|
(16) Section 411.184, Government Code, as added by |
|
Chapter 1026 (H.B. 1069), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 411.1883, Government |
|
Code. |
|
(17) Subchapter J, Chapter 418, Government Code, as |
|
added by Chapter 863 (S.B. 968), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter I, Chapter |
|
418, Government Code, and Sections 418.301, 418.302, 418.303, |
|
418.304, 418.305, 418.306, and 418.307, Government Code, as added |
|
by that Act, are redesignated as Sections 418.251, 418.252, |
|
418.253, 418.254, 418.255, 418.256, and 418.257, Government Code, |
|
respectively. |
|
(18) Section 434.027, Government Code, as added by |
|
Chapter 157 (S.B. 886), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 434.028, Government Code. |
|
(19) Subchapter CC, Chapter 481, Government Code, as |
|
added by Chapter 847 (S.B. 678), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter EE, Chapter |
|
481, Government Code. |
|
(20) Subsection (f), Section 825.4092, Government |
|
Code, as added by Chapter 511 (S.B. 288), Acts of the 87th |
|
Legislature, Regular Session, 2021, is redesignated as Subsection |
|
(g), Section 825.4092, Government Code. |
|
(21) Chapter 2274, Government Code, as added by |
|
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 2275, Government Code, |
|
and Sections 2274.0101, 2274.0102, and 2274.0103, Government Code, |
|
as added by that Act, are redesignated as Sections 2275.0101, |
|
2275.0102, and 2275.0103, Government Code, respectively. |
|
(22) Chapter 2274, Government Code, as added by |
|
Chapter 529 (S.B. 13), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 2276, Government Code, |
|
and Sections 2274.001 and 2274.002, Government Code, as added by |
|
that Act, are redesignated as Sections 2276.001 and 2276.002, |
|
respectively. |
|
(23) Chapter 2274, Government Code, as added by |
|
Chapter 833 (S.B. 4), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 2277, Government Code, |
|
and Sections 2274.001, 2274.002, and 2274.003, Government Code, as |
|
added by that Act, are redesignated as Sections 2277.001, 2277.002, |
|
and 2277.003, respectively. |
|
(24) Chapter 260C, Health and Safety Code, as added by |
|
Chapter 732 (H.B. 3961), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Chapter 260D, Health and Safety |
|
Code, and Sections 260C.001 and 260C.002, Health and Safety Code, |
|
as added by that Act, are redesignated as Sections 260D.001 and |
|
260D.002, respectively. |
|
(25) Subsection (ll), Section 32.024, Human Resources |
|
Code, as added by Chapter 966 (S.B. 1921), Acts of the 87th |
|
Legislature, Regular Session, 2021, is redesignated as Subsection |
|
(mm), Section 32.024, Human Resources Code. |
|
(26) Subchapter M, Chapter 544, Insurance Code, as |
|
added by Chapter 71 (H.B. 317), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter N, Chapter |
|
544, Insurance Code, and Sections 544.601, 544.602, and 544.603, |
|
Insurance Code, as added by that Act, are redesignated as Sections |
|
544.651, 544.652, and 544.653, Insurance Code, respectively. |
|
(27) Subchapter L, Chapter 1369, Insurance Code, as |
|
added by Chapter 142 (H.B. 1763), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subchapter M, Chapter |
|
1369, Insurance Code, and Sections 1369.551, 1369.552, 1369.553, |
|
1369.554, 1369.555, 1369.556, 1369.557, 1369.558, 1369.559, and |
|
1369.560, Insurance Code, as added by that Act, are redesignated as |
|
Sections 1369.601, 1369.602, 1369.603, 1369.604, 1369.605, |
|
1369.606, 1369.607, 1369.608, 1369.609, and 1369.610, Insurance |
|
Code, respectively. |
|
(28) Section 43.004, Local Government Code, as added |
|
by Chapter 103 (S.B. 1338), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 43.005, Local Government |
|
Code. |
|
(29) Section 180.008, Local Government Code, as added |
|
by Chapter 685 (H.B. 2073), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 180.009, Local Government |
|
Code. |
|
(30) Section 250.011, Local Government Code, as added |
|
by Chapter 315 (H.B. 738), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 250.012, Local Government |
|
Code. |
|
(31) Section 250.011, Local Government Code, as added |
|
by Chapter 978 (S.B. 2188), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 250.013, Local Government |
|
Code. |
|
(32) Subsection (b), Section 153.084, Natural |
|
Resources Code, as added by Chapter 330 (H.B. 2004), Acts of the |
|
87th Legislature, Regular Session, 2021, is redesignated as |
|
Subsection (b-1), Section 153.084, Natural Resources Code. |
|
(33) Section 1701.269, Occupations Code, as added by |
|
Chapter 708 (H.B. 2831), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 1701.271, Occupations |
|
Code. |
|
(34) Subsection (m), Section 46.15, Penal Code, as |
|
added by Chapter 1026 (H.B. 1069), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subsection (r), Section |
|
46.15, Penal Code. |
|
(35) Subsection (m), Section 25.19, Tax Code, as added |
|
by Chapter 209 (H.B. 2723), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Subsection (l-1), Section 25.19, |
|
Tax Code. |
|
(36) Subsection (b-4), Section 41.45, Tax Code, as |
|
added by Chapter 965 (S.B. 1919), Acts of the 87th Legislature, |
|
Regular Session, 2021, is redesignated as Subsection (b-6), Section |
|
41.45, Tax Code. |
|
(37) Section 201.623, Transportation Code, as added by |
|
Chapter 898 (H.B. 3319), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 201.624, Transportation |
|
Code. |
|
(38) Section 225.190, Transportation Code, as added by |
|
Chapter 87 (S.B. 730), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.201, Transportation |
|
Code. |
|
(39) Section 225.190, Transportation Code, as added by |
|
Chapter 97 (S.B. 1124), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.202, Transportation |
|
Code. |
|
(40) Section 225.190, Transportation Code, as added by |
|
Chapter 153 (H.B. 2431), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.203, Transportation |
|
Code. |
|
(41) Section 225.190, Transportation Code, as added by |
|
Chapter 266 (H.B. 2167), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.204, Transportation |
|
Code. |
|
(42) Section 225.190, Transportation Code, as added by |
|
Chapter 301 (S.B. 787), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.205, Transportation |
|
Code. |
|
(43) Section 225.190, Transportation Code, as added by |
|
Chapter 388 (S.B. 1185), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.206, Transportation |
|
Code. |
|
(44) Section 225.190, Transportation Code, as added by |
|
Chapter 447 (H.B. 532), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.207, Transportation |
|
Code. |
|
(45) Section 225.190, Transportation Code, as added by |
|
Chapter 607 (S.B. 1208), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.208, Transportation |
|
Code. |
|
(46) Section 225.190, Transportation Code, as added by |
|
Chapter 646 (H.B. 1115), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.209, Transportation |
|
Code. |
|
(47) Section 225.190, Transportation Code, as added by |
|
Chapter 654 (H.B. 1321), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.210, Transportation |
|
Code. |
|
(48) Section 225.190, Transportation Code, as added by |
|
Chapter 699 (H.B. 2521), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.211, Transportation |
|
Code. |
|
(49) Section 225.190, Transportation Code, as added by |
|
Chapter 707 (H.B. 2807), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.212, Transportation |
|
Code. |
|
(50) Section 225.190, Transportation Code, as added by |
|
Chapter 925 (H.B. 3324), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.213, Transportation |
|
Code. |
|
(51) Section 225.190, Transportation Code, as added by |
|
Chapter 927 (H.B. 3512), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.214, Transportation |
|
Code. |
|
(52) Section 225.190, Transportation Code, as added by |
|
Chapter 930 (H.B. 3630), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.215, Transportation |
|
Code. |
|
(53) Section 225.190, Transportation Code, as added by |
|
Chapter 956 (S.B. 1704), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 225.216, Transportation |
|
Code. |
|
(54) Section 504.327, Transportation Code, as added by |
|
Chapter 130 (H.B. 3401), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.328, Transportation |
|
Code. |
|
(55) Section 504.327, Transportation Code, as added by |
|
Chapter 302 (S.B. 791), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.329, Transportation |
|
Code. |
|
(56) Section 504.327, Transportation Code, as added by |
|
Chapter 326 (H.B. 1936), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.330, Transportation |
|
Code. |
|
(57) Section 504.675, Transportation Code, as added by |
|
Chapter 286 (H.B. 4080), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.676, Transportation |
|
Code. |
|
(58) Section 504.675, Transportation Code, as added by |
|
Chapter 673 (H.B. 1863), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.677, Transportation |
|
Code. |
|
(59) Section 504.675, Transportation Code, as added by |
|
Chapter 870 (S.B. 1123), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 504.678, Transportation |
|
Code. |
|
(60) Section 521.013, Transportation Code, as added by |
|
Chapter 818 (H.B. 2497), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 521.014, Transportation |
|
Code. |
|
(61) Section 35.037, Utilities Code, as added by |
|
Chapter 426 (S.B. 3), Acts of the 87th Legislature, Regular |
|
Session, 2021, is redesignated as Section 35.038, Utilities Code. |
|
SECTION 24.002. The following changes are made to conform |
|
the provisions amended to the redesignating changes made by Section |
|
24.001 of this Act and to correct cross-references: |
|
(1) Section 115.004, Business & Commerce Code, as |
|
redesignated from Section 113.004, Business & Commerce Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
Sec. 115.004 [113.004]. ADDITIONAL DISCLOSURES FOR LEASE |
|
AGREEMENTS. In addition to the disclosures required under Section |
|
115.003 [113.003], a lessor shall provide to a leasing residential |
|
or small commercial customer in writing: |
|
(1) the term and rate of the lease, including any |
|
payment escalators or other terms that affect the customer's |
|
payments; and |
|
(2) a statement of whether the lease and any |
|
applicable warranty or maintenance agreement is transferable to a |
|
subsequent purchaser of the property where the distributed |
|
renewable generation resource is installed. |
|
(2) Section 115.005, Business & Commerce Code, as |
|
redesignated from Section 113.005, Business & Commerce Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
Sec. 115.005 [113.005]. DISCLOSURES FOR POWER PURCHASE |
|
AGREEMENTS. A residential or small commercial customer who enters |
|
into a power purchase agreement is entitled to receive in writing: |
|
(1) the disclosures required under Sections |
|
115.003(1) [113.003(1)], (2), (5), and (6); |
|
(2) the term and rate of the power purchase agreement, |
|
including any payment escalators or other terms that affect the |
|
customer's payments; and |
|
(3) whether the power purchase agreement and any |
|
applicable warranty or maintenance agreement is transferable to a |
|
subsequent purchaser of the property where the distributed |
|
renewable generation resource is installed. |
|
(3) Section 117.001(4), Business & Commerce Code, as |
|
redesignated from Section 113.001(4), Business & Commerce Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
(4) "Designated country" means a country designated by |
|
the governor as a threat to critical infrastructure under Section |
|
117.003 [113.003]. |
|
(4) Section 118.0002, Business & Commerce Code, as |
|
redesignated from Section 114.0002, Business & Commerce Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
Sec. 118.0002 [114.0002]. PROHIBITED ACTS. A third-party |
|
food delivery service may not: |
|
(1) arrange for the delivery or pickup of food or |
|
beverages from a restaurant in this state unless the service has |
|
filed a certificate of formation or registration with the secretary |
|
of state; |
|
(2) use a restaurant's mark or trade name in connection |
|
with the service in a misleading way that suggests the restaurant |
|
sponsors or endorses the service; |
|
(3) add a restaurant removed from the service under |
|
Section 118.0003 [114.0003] to the service unless the service has |
|
received written consent from the restaurant to add the restaurant |
|
to the service; or |
|
(4) charge a restaurant a fee or require the |
|
restaurant to absorb a fee in connection with the service's |
|
arrangement of an order from that restaurant unless the restaurant |
|
has agreed to pay or absorb the fee under an agreement that meets |
|
the requirements of Section 118.0004 [114.0004]. |
|
(5) Section 118.0003, Business & Commerce Code, as |
|
redesignated from Section 114.0003, Business & Commerce Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
Sec. 118.0003 [114.0003]. REQUIREMENTS FOR SERVICE. A |
|
third-party food delivery service shall: |
|
(1) provide a consumer a clearly identified mechanism |
|
for the consumer to express concerns or complaints directly to the |
|
service regarding an order arranged through the service; and |
|
(2) remove a restaurant from the service not later |
|
than the 10th day after the date the service receives a request from |
|
the restaurant to be removed from the service if the service does |
|
not have an agreement with the restaurant that meets the |
|
requirements of Section 118.0004 [114.0004]. |
|
(6) Section 403.551, Government Code, as redesignated |
|
from Section 403.501, Government Code, by Section 24.001 of this |
|
Act, is amended to read as follows: |
|
Sec. 403.551 [403.501]. DEFINITIONS. In this subchapter: |
|
(1) "Pole replacement fund" means the broadband pole |
|
replacement fund established under Section 403.552 [403.502]. |
|
(2) "Pole replacement program" means the Texas |
|
Broadband Pole Replacement Program established under Section |
|
403.553 [403.503]. |
|
(7) Section 403.552(c), Government Code, as |
|
redesignated from Section 403.502(c), Government Code, by Section |
|
24.001 of this Act, is amended to read as follows: |
|
(c) Money deposited to the credit of the pole replacement |
|
fund may be used only for the purpose of supporting the pole |
|
replacement program under Section 403.553 [403.503], including the |
|
costs of program administration and operation. Money in the pole |
|
replacement fund must be used in a manner consistent with federal |
|
law. |
|
(8) Section 403.553(q), Government Code, as |
|
redesignated from Section 403.503(q), Government Code, by Section |
|
24.001 of this Act, is amended to read as follows: |
|
(q) Not later than one year after the date that the amount |
|
transferred to the pole replacement fund under Section 403.552(b) |
|
[403.502(b)] is exhausted, the comptroller shall identify, |
|
examine, and report on the deployment of broadband infrastructure |
|
and technology facilitated by the pole reimbursements the |
|
comptroller has awarded. |
|
(9) Section 418.253, Government Code, as redesignated |
|
from Section 418.303, Government Code, by Section 24.001 of this |
|
Act, is amended to read as follows: |
|
Sec. 418.253 [418.303]. EMERGENCY ASSISTANCE REGISTRY |
|
ACCESS. The division shall authorize the following persons to |
|
access the emergency assistance registry to assist medically |
|
fragile individuals during an event described by Section 418.255 |
|
[418.305]: |
|
(1) the commission; |
|
(2) the department; |
|
(3) first responders; |
|
(4) local governments; and |
|
(5) local health departments. |
|
(10) Section 418.254, Government Code, as |
|
redesignated from Section 418.304, Government Code, by Section |
|
24.001 of this Act, is amended to read as follows: |
|
Sec. 418.254 [418.304]. REQUIRED WELLNESS CHECK. The |
|
division shall collaborate with the persons authorized to access |
|
the emergency assistance registry under Section 418.253 [418.303] |
|
and with applicable municipalities and counties to ensure that a |
|
wellness check is conducted on each medically fragile individual |
|
listed in the emergency assistance registry and located in an area |
|
that experiences an event described by Section 418.255 [418.305] to |
|
ensure the individual has: |
|
(1) continuity of care; and |
|
(2) the ability to continue using electrically powered |
|
medical equipment, if applicable. |
|
(11) Section 432.175, Government Code, is amended to |
|
read as follows: |
|
Sec. 432.175. PROTECTIVE ORDER. In accordance with |
|
Article 7B.001(a-3) [7B.001(a-1)], Code of Criminal Procedure, and |
|
with the consent of the person who is the victim of an offense under |
|
Section 22.011, 22.012, or 22.021, Penal Code, alleged to have been |
|
committed by a person subject to this chapter, the coordinator may |
|
file an application for a protective order under Subchapter A, |
|
Chapter 7B, Code of Criminal Procedure, on behalf of the victim. |
|
(12) Section 2275.0101(4), Government Code, as |
|
redesignated from Section 2274.0101(4), Government Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
(4) "Designated country" means a country designated by |
|
the governor as a threat to critical infrastructure under Section |
|
2275.0103 [2274.0103]. |
|
(13) Section 2277.003, Government Code, as |
|
redesignated from Section 2274.003, Government Code, by Section |
|
24.001 of this Act, is amended to read as follows: |
|
Sec. 2277.003 [2274.003]. STRICT ADHERENCE TO DEFAULT |
|
PROVISION. (a) A governmental entity that enters into an |
|
agreement with a professional sports team shall strictly adhere to |
|
the default provision required by Section 2277.002(2) |
|
[2274.002(2)]. |
|
(b) If a governmental entity fails to timely adhere to the |
|
default provision required under Section 2277.002(2) |
|
[2274.002(2)], the attorney general may intervene to enforce the |
|
provision. |
|
(14) Section 179.051(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A municipality or county to which this chapter applies |
|
and that employs or supervises first responders may not adopt or |
|
enforce an ordinance, order, or other measure that generally |
|
prohibits a first responder who holds a license to carry a handgun |
|
under Subchapter H, Chapter 411, Government Code, an unexpired |
|
certificate of completion from the department under Section |
|
411.1883(d) [411.184(d)], Government Code, and the required |
|
liability policy under Section 179.053 from: |
|
(1) carrying a concealed or holstered handgun while on |
|
duty; or |
|
(2) storing a handgun on the premises of or in a |
|
vehicle owned or leased by the municipality or county if the handgun |
|
is secured with a device approved by the department under Section |
|
411.1883(f) [411.184(f)], Government Code. |
|
(15) Section 179.052(a), Local Government Code, is |
|
amended to read as follows: |
|
(a) A municipal or county department or private entity that |
|
employs or supervises first responders providing services for a |
|
municipality or county to which this chapter applies may adopt a |
|
policy authorizing a first responder who is employed or supervised |
|
by the municipal or county department or private entity and who |
|
holds a license to carry a handgun under Subchapter H, Chapter 411, |
|
Government Code, an unexpired certificate of completion from the |
|
department under Section 411.1883(d) [411.184(d)], Government |
|
Code, and the required liability policy under Section 179.053 to: |
|
(1) carry a concealed or holstered handgun while on |
|
duty; or |
|
(2) store a handgun on the premises of or in a vehicle |
|
owned or leased by the applicable municipality or county, or by the |
|
private entity if the handgun is secured with a device approved by |
|
the department under Section 411.1883(f) [411.184(f)], Government |
|
Code. |
|
(16) Section 179.054, Local Government Code, is |
|
amended to read as follows: |
|
Sec. 179.054. STORAGE OF HANDGUN. (a) A first responder |
|
who enters a location where carrying a handgun is prohibited by |
|
federal law or otherwise shall use a device approved by the |
|
department under Section 411.1883(f) [411.184(f)], Government |
|
Code, to secure and store the handgun. |
|
(b) A first responder is responsible for procuring the |
|
device approved by the department under Section 411.1883(f) |
|
[411.184(f)], Government Code, or for reimbursing the first |
|
responder's employer or supervisor for the use of a device provided |
|
by the employer or supervisor. |
|
(17) Section 250.011, Local Government Code, as added |
|
by Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular |
|
Session, 2021, is amended to read as follows: |
|
Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES. (a) In |
|
this section, "third-party food delivery service" has the meaning |
|
assigned by Section 118.0001 [114.0001], Business & Commerce Code. |
|
(b) Notwithstanding any other law, a municipality or county |
|
may not adopt or enforce an ordinance or regulation to the extent |
|
that the ordinance or regulation affects the terms of agreements |
|
between third-party food delivery services and restaurants that |
|
meet the requirements of Section 118.0004(a) [114.0004(a)], |
|
Business & Commerce Code. |
|
(18) Section 30.06(f-1), Penal Code, is amended to |
|
read as follows: |
|
(f-1) It is a defense to prosecution under this section that |
|
the license holder is a first responder, as defined by Section |
|
46.01, who: |
|
(1) holds an unexpired certificate of completion under |
|
Section 411.1883 [411.184], Government Code, at the time of |
|
engaging in the applicable conduct; |
|
(2) was engaged in the actual discharge of the first |
|
responder's duties while carrying the handgun; and |
|
(3) was employed or supervised by a municipality or |
|
county to which Chapter 179, Local Government Code, applies. |
|
(19) Section 30.07(g-1), Penal Code, is amended to |
|
read as follows: |
|
(g-1) It is a defense to prosecution under this section that |
|
the license holder is a first responder, as defined by Section |
|
46.01, who: |
|
(1) holds an unexpired certificate of completion under |
|
Section 411.1883 [411.184], Government Code, at the time of |
|
engaging in the applicable conduct; |
|
(2) was engaged in the actual discharge of the first |
|
responder's duties while carrying the handgun; and |
|
(3) was employed or supervised by a municipality or |
|
county to which Chapter 179, Local Government Code, applies. |
|
(20) Subsection (r), Section 46.15, Penal Code, as |
|
redesignated from Subsection (m), Section 46.15, Penal Code, by |
|
Section 24.001 of this Act, is amended to read as follows: |
|
(r) [(m)] Sections 46.02, 46.03, and 46.035(b) and (c) do |
|
not apply to a first responder who: |
|
(1) was carrying a handgun in a concealed manner or in |
|
a shoulder or belt holster; |
|
(2) holds an unexpired certificate of completion under |
|
Section 411.1883 [411.184], Government Code, at the time of |
|
engaging in the applicable conduct; |
|
(3) was engaged in the actual discharge of the first |
|
responder's duties while carrying the handgun; and |
|
(4) was employed or supervised by a municipality or |
|
county to which Chapter 179, Local Government Code, applies. |
|
(21) Section 504.202(e-1), Transportation Code, is |
|
amended to read as follows: |
|
(e-1) Other than license plates issued under Subsection |
|
(h), license plates issued under this section may include, on |
|
request: |
|
(1) the emblem of the veteran's branch of service; or |
|
(2) one emblem from another license plate to which the |
|
person is entitled under Section 504.308, 504.309, 504.310(b), |
|
504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316, |
|
504.3161, 504.318, 504.319, 504.320, 504.323, 504.325, [or] |
|
504.327, 504.328, or 504.330. |
|
ARTICLE 25. EFFECTIVE DATE |
|
SECTION 25.001. This Act takes effect September 1, 2023. |