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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to nonsubstantive additions to and corrections in enacted  | 
      
      
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        codes, to the nonsubstantive codification or disposition of various  | 
      
      
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        laws omitted from enacted codes, and to conforming codifications  | 
      
      
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        enacted by the 82nd Legislature to other Acts of that legislature. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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        ARTICLE 1.  GENERAL PROVISIONS | 
      
      
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               SECTION 1.001.  This Act is enacted as part of the state's  | 
      
      
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        continuing statutory revision program under Chapter 323,  | 
      
      
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        Government Code.  This Act is a revision for purposes of Section 43,  | 
      
      
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        Article III, Texas Constitution, and has the purposes of: | 
      
      
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                     (1)  codifying without substantive change or providing  | 
      
      
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        for other appropriate disposition of various statutes that were  | 
      
      
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        omitted from enacted codes; | 
      
      
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                     (2)  conforming codifications enacted by the 82nd  | 
      
      
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        Legislature to other Acts of that legislature that amended the laws  | 
      
      
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        codified or added new law to subject matter codified; | 
      
      
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                     (3)  making necessary corrections to enacted  | 
      
      
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        codifications; 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 83rd Legislature, Regular Session, 2013.  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 83rd Legislature, Regular Session, 2013, 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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        ARTICLE 2.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | 
      
      
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               SECTION 2.001.  The heading to Chapter 83, Civil Practice  | 
      
      
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        and Remedies Code, is amended to read as follows: | 
      
      
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        CHAPTER 83.  USE OF FORCE OR DEADLY FORCE [IN DEFENSE OF PERSON] | 
      
      
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        ARTICLE 3.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
      
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               SECTION 3.001.  Article 2.122(a), Code of Criminal  | 
      
      
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        Procedure, as amended by Chapters 1223 (S.B. 530) and 1319 (S.B.  | 
      
      
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        150), Acts of the 82nd Legislature, Regular Session, 2011, is  | 
      
      
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        reenacted and amended to read as follows: | 
      
      
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               (a)  The following named criminal investigators of the  | 
      
      
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        United States shall not be deemed peace officers, but shall have the  | 
      
      
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        powers of arrest, search, and seizure under the laws of this state  | 
      
      
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        as to felony offenses only: | 
      
      
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                     (1)  Special Agents of the Federal Bureau of  | 
      
      
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        Investigation; | 
      
      
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                     (2)  Special Agents of the Secret Service; | 
      
      
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                     (3)  Special Agents of the United States Immigration  | 
      
      
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        and Customs Enforcement; | 
      
      
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                     (4)  Special Agents of the Bureau of Alcohol, Tobacco,  | 
      
      
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        Firearms and Explosives; | 
      
      
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                     (5)  Special Agents of the United States Drug  | 
      
      
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        Enforcement Administration; | 
      
      
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                     (6)  Inspectors of the United States Postal Inspection  | 
      
      
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        Service; | 
      
      
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                     (7)  Special Agents of the Criminal Investigation  | 
      
      
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        Division of the Internal Revenue Service; | 
      
      
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                     (8)  Civilian Special Agents of the United States Naval  | 
      
      
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        Criminal Investigative Service; | 
      
      
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                     (9)  Marshals and Deputy Marshals of the United States  | 
      
      
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        Marshals Service; | 
      
      
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                     (10)  Special Agents of the United States Department of  | 
      
      
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        State, Bureau of Diplomatic Security; | 
      
      
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                     (11)  Special Agents of the Treasury Inspector General  | 
      
      
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        for Tax Administration; [and] | 
      
      
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                     (12)  Special Agents of the Office of Inspector General  | 
      
      
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        of the United States Social Security Administration; and | 
      
      
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                     (13) [(12)]  Special Agents of the Office of Inspector  | 
      
      
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        General of the United States Department of Veterans Affairs. | 
      
      
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               SECTION 3.002.  The heading to Chapter 7A, Code of Criminal  | 
      
      
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        Procedure, is amended to read as follows: | 
      
      
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        CHAPTER 7A.  PROTECTIVE ORDER FOR CERTAIN VICTIMS OF TRAFFICKING,  | 
      
      
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        [OR] SEXUAL ASSAULT, OR STALKING | 
      
      
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               SECTION 3.003.  Article 12.01, Code of Criminal Procedure,  | 
      
      
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        as amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253),  | 
      
      
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        and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session,  | 
      
      
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        2011, is reenacted and amended 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 during the investigation  | 
      
      
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        of the offense biological matter is collected and subjected to  | 
      
      
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        forensic DNA testing and the testing results show that the matter  | 
      
      
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        does not match the victim or any other person whose identity is  | 
      
      
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        readily ascertained; | 
      
      
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                           (D)  continuous sexual abuse of young child or  | 
      
      
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        children 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; [or] | 
      
      
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                           (G)  trafficking of persons under Section  | 
      
      
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        20A.02(a)(7) or (8), Penal Code; or | 
      
      
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                           (H) [(G)]  continuous trafficking of persons  | 
      
      
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        under Section 20A.03, 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 he exercises control in his 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); | 
      
      
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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)  securing execution of document by deception; | 
      
      
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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; [or] | 
      
      
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                           (H)  Medicaid fraud under Section 35A.02, Penal  | 
      
      
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        Code; or | 
      
      
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                           (I) [(H)]  bigamy under Section 25.01, Penal  | 
      
      
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        Code, 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)  compelling prostitution under Section  | 
      
      
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        43.05(a)(2), Penal Code; or | 
      
      
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                           (D)  [(B)]  bigamy under Section 25.01, Penal  | 
      
      
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        Code, if the investigation of the offense shows that the person,  | 
      
      
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        other than the legal spouse of the defendant, whom the defendant  | 
      
      
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        marries or purports to marry or with whom the defendant lives under  | 
      
      
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        the appearance of being married is younger than 18 years of age at  | 
      
      
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        the time the offense is committed; or | 
      
      
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                     (7)  three years from the date of the commission of the  | 
      
      
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        offense:  all other felonies. | 
      
      
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               SECTION 3.004.  Article 13.12, Code of Criminal Procedure,  | 
      
      
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        as amended by Chapters 1 (S.B. 24) and 223 (H.B. 260), Acts of the  | 
      
      
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        82nd Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
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        follows: | 
      
      
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               Art. 13.12.  TRAFFICKING OF PERSONS, FALSE IMPRISONMENT,  | 
      
      
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        KIDNAPPING, AND SMUGGLING OF PERSONS.  Venue for trafficking of  | 
      
      
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        persons, false imprisonment, kidnapping, and smuggling of persons  | 
      
      
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        is in: | 
      
      
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                     (1)  the county in which the offense was committed; or | 
      
      
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                     (2)  any county through, into, or out of which the  | 
      
      
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        person trafficked, falsely imprisoned, kidnapped, or transported  | 
      
      
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        may have been taken. | 
      
      
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               SECTION 3.005.  Article 20.151(c), Code of Criminal  | 
      
      
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        Procedure, as added by Chapters 1031 (H.B. 2847) and 1341 (S.B.  | 
      
      
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        1233), Acts of the 82nd Legislature, Regular Session, 2011, is  | 
      
      
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        reenacted and amended to read as follows: | 
      
      
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               (c)  Testimony received from a peace officer under this  | 
      
      
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        article shall be recorded in the same manner as other testimony  | 
      
      
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        taken before the grand jury and shall be preserved. | 
      
      
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               SECTION 3.006.  Article 38.31(g)(2), Code of Criminal  | 
      
      
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        Procedure, is amended to correct a reference to read as follows: | 
      
      
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                     (2)  "Qualified interpreter" means an interpreter for  | 
      
      
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        the deaf who holds a current legal certificate issued by the  | 
      
      
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        National Registry of Interpreters for the Deaf or a current court  | 
      
      
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        interpreter certificate issued by the Board for Evaluation of  | 
      
      
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        Interpreters at the Department of Assistive and [or] Rehabilitative  | 
      
      
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        Services. | 
      
      
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               SECTION 3.007.  Section 21(e), Article 42.12, Code of  | 
      
      
        | 
           
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        Criminal Procedure, is amended to correct a reference to read as  | 
      
      
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        follows: | 
      
      
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               (e)  A court retains jurisdiction to hold a hearing under  | 
      
      
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        Subsection (b-2) [(b)] and to revoke, continue, or modify community  | 
      
      
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        supervision, regardless of whether the period of community  | 
      
      
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        supervision imposed on the defendant has expired, if before the  | 
      
      
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        expiration the attorney representing the state files a motion to  | 
      
      
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        revoke, continue, or modify community supervision and a capias is  | 
      
      
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        issued for the arrest of the defendant. | 
      
      
        | 
           
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               SECTION 3.008.  Section 24, Article 42.12, Code of Criminal  | 
      
      
        | 
           
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        Procedure, is amended to correct a reference to read as follows: | 
      
      
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               Sec. 24.  DUE DILIGENCE DEFENSE.  For the purposes of a  | 
      
      
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        hearing under Section 5(b) or 21(b-2) [21(b)], it is an affirmative  | 
      
      
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        defense to revocation for an alleged failure to report to a  | 
      
      
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        supervision officer as directed or to remain within a specified  | 
      
      
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        place that a supervision officer, peace officer, or other officer  | 
      
      
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        with the power of arrest under a warrant issued by a judge for that  | 
      
      
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        alleged violation failed to contact or attempt to contact the  | 
      
      
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        defendant in person at the defendant's last known residence address  | 
      
      
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        or last known employment address, as reflected in the files of the  | 
      
      
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        department serving the county in which the order of community  | 
      
      
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        supervision was entered. | 
      
      
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               SECTION 3.009.  Article 45.0511(p), Code of Criminal  | 
      
      
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        Procedure, is amended to correct a reference to read as follows: | 
      
      
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               (p)  The court shall advise a defendant charged with a  | 
      
      
        | 
           
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        misdemeanor under Section 472.022, Transportation Code, Subtitle  | 
      
      
        | 
           
			 | 
        C, Title 7, Transportation Code, or Section 729.001(a)(3),  | 
      
      
        | 
           
			 | 
        Transportation Code, committed while operating a motor vehicle of  | 
      
      
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        the defendant's right under this article to successfully complete a  | 
      
      
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        driving safety course or, if the offense was committed while  | 
      
      
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        operating a motorcycle, a motorcycle operator training course.  The  | 
      
      
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        right to complete a course does not apply to a defendant charged  | 
      
      
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        with: | 
      
      
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                     (1)  a violation of Section 545.066, 550.022, or  | 
      
      
        | 
           
			 | 
        550.023, Transportation Code; | 
      
      
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                     (2)  a serious traffic violation; or | 
      
      
        | 
           
			 | 
                     (3)  an offense to which Section 542.404 [or 
         | 
      
      
        | 
           
			 | 
        
          729.004(b)], Transportation Code, applies. | 
      
      
        | 
           
			 | 
               SECTION 3.010.  (a)  The heading to Article 46B.0095, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure, as amended by Chapters 718 (H.B. 748) and 822  | 
      
      
        | 
           
			 | 
        (H.B. 2725), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        is reenacted to read as follows: | 
      
      
        | 
           
			 | 
               Art. 46B.0095.  MAXIMUM PERIOD OF COMMITMENT OR OUTPATIENT  | 
      
      
        | 
           
			 | 
        TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR  | 
      
      
        | 
           
			 | 
        OFFENSE. | 
      
      
        | 
           
			 | 
               (b)  Article 46B.0095(a), Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  A defendant may not, under Subchapter D or E or any other  | 
      
      
        | 
           
			 | 
        provision of this chapter, be committed to a mental hospital or  | 
      
      
        | 
           
			 | 
        other inpatient or residential facility, ordered to participate in  | 
      
      
        | 
           
			 | 
        an outpatient treatment program, or subjected to both inpatient and  | 
      
      
        | 
           
			 | 
        outpatient treatment for a cumulative period that exceeds the  | 
      
      
        | 
           
			 | 
        maximum term provided by law for the offense for which the defendant  | 
      
      
        | 
           
			 | 
        was to be tried, except that if the defendant is charged with a  | 
      
      
        | 
           
			 | 
        misdemeanor and has been ordered only to participate in an  | 
      
      
        | 
           
			 | 
        outpatient treatment program under Subchapter D or E, the maximum  | 
      
      
        | 
           
			 | 
        period of restoration is two years. | 
      
      
        | 
           
			 | 
               (c)  Article 46B.0095(b), Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  On expiration of the maximum restoration period under  | 
      
      
        | 
           
			 | 
        Subsection (a), the mental hospital or other inpatient or  | 
      
      
        | 
           
			 | 
        residential facility or outpatient treatment program provider  | 
      
      
        | 
           
			 | 
        identified in the most recent order of commitment or order of  | 
      
      
        | 
           
			 | 
        outpatient treatment program participation under this chapter  | 
      
      
        | 
           
			 | 
        shall assess the defendant to determine if civil proceedings under  | 
      
      
        | 
           
			 | 
        Subtitle C or D, Title 7, Health and Safety Code, are  | 
      
      
        | 
           
			 | 
        appropriate.  The defendant may be confined for an additional  | 
      
      
        | 
           
			 | 
        period in a mental hospital or other inpatient or residential  | 
      
      
        | 
           
			 | 
        facility or ordered to participate for an additional period in an  | 
      
      
        | 
           
			 | 
        outpatient treatment program, as appropriate, only pursuant to  | 
      
      
        | 
           
			 | 
        civil proceedings conducted under Subtitle C or D, Title 7, Health  | 
      
      
        | 
           
			 | 
        and Safety Code, by a court with probate jurisdiction. | 
      
      
        | 
           
			 | 
               (d)  Article 46B.0095(c), Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (c)  The cumulative period described by Subsection (a): | 
      
      
        | 
           
			 | 
                     (1)  begins on the date the initial order of commitment  | 
      
      
        | 
           
			 | 
        or initial order for outpatient treatment program participation is  | 
      
      
        | 
           
			 | 
        entered under this chapter; and | 
      
      
        | 
           
			 | 
                     (2)  in addition to any inpatient or outpatient  | 
      
      
        | 
           
			 | 
        treatment periods described by Subsection (a), includes any time  | 
      
      
        | 
           
			 | 
        that, following the entry of an order described by Subdivision (1),  | 
      
      
        | 
           
			 | 
        the defendant is confined in a correctional facility, as defined by  | 
      
      
        | 
           
			 | 
        Section 1.07, Penal Code, or is otherwise in the custody of the  | 
      
      
        | 
           
			 | 
        sheriff during or while awaiting, as applicable: | 
      
      
        | 
           
			 | 
                           (A)  the defendant's transfer to a mental hospital  | 
      
      
        | 
           
			 | 
        or other inpatient or residential facility; | 
      
      
        | 
           
			 | 
                           (B)  the defendant's release on bail to  | 
      
      
        | 
           
			 | 
        participate in an outpatient treatment program; or | 
      
      
        | 
           
			 | 
                           (C)  a criminal trial following any temporary  | 
      
      
        | 
           
			 | 
        restoration of the defendant's competency to stand trial. | 
      
      
        | 
           
			 | 
               SECTION 3.011.  Article 56.39(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to update a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  An order for a mental or physical examination or an  | 
      
      
        | 
           
			 | 
        autopsy as provided by Article 56.38(c)(2) [56.38(c)(3)] may be  | 
      
      
        | 
           
			 | 
        made for good cause shown on notice to the individual to be examined  | 
      
      
        | 
           
			 | 
        and to all persons who have appeared. | 
      
      
        | 
           
			 | 
               SECTION 3.012.  Article 102.017(d-1), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as amended by Chapters 664 (S.B. 1521) and 1031 (H.B.  | 
      
      
        | 
           
			 | 
        2847), Acts of the 82nd Legislature, Regular Session, 2011, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (d-1)  For purposes of this article, the term "security  | 
      
      
        | 
           
			 | 
        personnel, services, and items" includes: | 
      
      
        | 
           
			 | 
                     (1)  the purchase or repair of X-ray machines and  | 
      
      
        | 
           
			 | 
        conveying systems; | 
      
      
        | 
           
			 | 
                     (2)  handheld metal detectors; | 
      
      
        | 
           
			 | 
                     (3)  walkthrough metal detectors; | 
      
      
        | 
           
			 | 
                     (4)  identification cards and systems; | 
      
      
        | 
           
			 | 
                     (5)  electronic locking and surveillance equipment; | 
      
      
        | 
           
			 | 
                     (6)  video teleconferencing systems; | 
      
      
        | 
           
			 | 
                     (7)  bailiffs, deputy sheriffs, deputy constables, or  | 
      
      
        | 
           
			 | 
        contract security personnel during times when they are providing  | 
      
      
        | 
           
			 | 
        appropriate security services; | 
      
      
        | 
           
			 | 
                     (8)  signage; | 
      
      
        | 
           
			 | 
                     (9)  confiscated weapon inventory and tracking  | 
      
      
        | 
           
			 | 
        systems; | 
      
      
        | 
           
			 | 
                     (10)  locks, chains, alarms, or similar security  | 
      
      
        | 
           
			 | 
        devices; | 
      
      
        | 
           
			 | 
                     (11)  the purchase or repair of bullet-proof glass; | 
      
      
        | 
           
			 | 
                     (12)  continuing education on security issues for court  | 
      
      
        | 
           
			 | 
        personnel and security personnel; and | 
      
      
        | 
           
			 | 
                     (13) [(12)]  warrant officers and related equipment. | 
      
      
        | 
           
			 | 
        ARTICLE 4.  CHANGES RELATING TO EDUCATION CODE | 
      
      
        | 
           
			 | 
               SECTION 4.001.  Section 21.044, Education Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 21.044.  EDUCATOR PREPARATION.  (a)  The board shall  | 
      
      
        | 
           
			 | 
        propose rules establishing the training requirements a person must  | 
      
      
        | 
           
			 | 
        accomplish to obtain a certificate, enter an internship, or enter  | 
      
      
        | 
           
			 | 
        an induction-year program.  The board shall specify the minimum  | 
      
      
        | 
           
			 | 
        academic qualifications required for a certificate. | 
      
      
        | 
           
			 | 
               (b)  Any minimum academic qualifications for a certificate  | 
      
      
        | 
           
			 | 
        specified under Subsection (a) that require a person to possess a  | 
      
      
        | 
           
			 | 
        bachelor's degree must also require that the person receive, as  | 
      
      
        | 
           
			 | 
        part of the curriculum for that degree, instruction in detection  | 
      
      
        | 
           
			 | 
        and education of students with dyslexia.  This subsection does not  | 
      
      
        | 
           
			 | 
        apply to a person who obtains a certificate through an alternative  | 
      
      
        | 
           
			 | 
        certification program adopted under Section 21.049. | 
      
      
        | 
           
			 | 
               (c)  The instruction under Subsection (b) must: | 
      
      
        | 
           
			 | 
                     (1)  be developed by a panel of experts in the diagnosis  | 
      
      
        | 
           
			 | 
        and treatment of dyslexia who are: | 
      
      
        | 
           
			 | 
                           (A)  employed by institutions of higher  | 
      
      
        | 
           
			 | 
        education; and | 
      
      
        | 
           
			 | 
                           (B)  approved by the board; and | 
      
      
        | 
           
			 | 
                     (2)  include information on: | 
      
      
        | 
           
			 | 
                           (A)  characteristics of dyslexia; | 
      
      
        | 
           
			 | 
                           (B)  identification of dyslexia; and | 
      
      
        | 
           
			 | 
                           (C)  effective, multisensory strategies for  | 
      
      
        | 
           
			 | 
        teaching students with dyslexia. | 
      
      
        | 
           
			 | 
               (d) [(b)]  In proposing rules under this section, the board  | 
      
      
        | 
           
			 | 
        shall specify that to obtain a certificate to teach an "applied STEM  | 
      
      
        | 
           
			 | 
        course," as that term is defined by Section 28.027, at a secondary  | 
      
      
        | 
           
			 | 
        school, a person must: | 
      
      
        | 
           
			 | 
                     (1)  pass the certification test administered by the  | 
      
      
        | 
           
			 | 
        recognized national or international business and industry group  | 
      
      
        | 
           
			 | 
        that created the curriculum the applied STEM course is based on; and | 
      
      
        | 
           
			 | 
                     (2)  have at a minimum: | 
      
      
        | 
           
			 | 
                           (A)  an associate degree from an accredited  | 
      
      
        | 
           
			 | 
        institution of higher education; and | 
      
      
        | 
           
			 | 
                           (B)  three years of work experience in an  | 
      
      
        | 
           
			 | 
        occupation for which the applied STEM course is intended to prepare  | 
      
      
        | 
           
			 | 
        the student. | 
      
      
        | 
           
			 | 
               SECTION 4.002.  Section 25.001(e), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  A school district may request that the commissioner  | 
      
      
        | 
           
			 | 
        waive the requirement that the district admit a foreign exchange  | 
      
      
        | 
           
			 | 
        student who meets the conditions of Subsection (b)(6) [(b)(5)].   | 
      
      
        | 
           
			 | 
        The commissioner shall respond to a district's request not later  | 
      
      
        | 
           
			 | 
        than the 60th day after the date of receipt of the request.  The  | 
      
      
        | 
           
			 | 
        commissioner shall grant the request and issue a waiver effective  | 
      
      
        | 
           
			 | 
        for a period not to exceed three years if the commissioner  | 
      
      
        | 
           
			 | 
        determines that admission of a foreign exchange student would: | 
      
      
        | 
           
			 | 
                     (1)  create a financial or staffing hardship for the  | 
      
      
        | 
           
			 | 
        district; | 
      
      
        | 
           
			 | 
                     (2)  diminish the district's ability to provide high  | 
      
      
        | 
           
			 | 
        quality educational services for the district's domestic students;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (3)  require domestic students to compete with foreign  | 
      
      
        | 
           
			 | 
        exchange students for educational resources. | 
      
      
        | 
           
			 | 
               SECTION 4.003.  Section 28.0212(g), Education Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 763 (H.B. 3485), Acts of the 80th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2007, is repealed as duplicative of Section 28.0212(e),  | 
      
      
        | 
           
			 | 
        Education Code, as added by Chapter 1058 (H.B. 2237), Acts of the  | 
      
      
        | 
           
			 | 
        80th Legislature, Regular Session, 2007. | 
      
      
        | 
           
			 | 
               SECTION 4.004.  The heading to Section  30A.054, Education  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 30A.054.  STUDENT PERFORMANCE INFORMATION [REPORTS]. | 
      
      
        | 
           
			 | 
               SECTION 4.005.  Section 39.0233(a), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The agency, in coordination with the Texas Higher  | 
      
      
        | 
           
			 | 
        Education Coordinating Board, shall adopt a series of questions to  | 
      
      
        | 
           
			 | 
        be included in an end-of-course assessment instrument administered  | 
      
      
        | 
           
			 | 
        under Section 39.023(c) to be used for purposes of Section 51.3062.   | 
      
      
        | 
           
			 | 
        The questions adopted under this subsection must be developed in a  | 
      
      
        | 
           
			 | 
        manner consistent with any college readiness standards adopted  | 
      
      
        | 
           
			 | 
        under Sections 39.233 [39.113] and 51.3062. | 
      
      
        | 
           
			 | 
               SECTION 4.006.  Section 39.0302(a), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  During an agency investigation or audit of a school  | 
      
      
        | 
           
			 | 
        district under Section 39.0301(e) or (f), an accreditation  | 
      
      
        | 
           
			 | 
        investigation under Section 39.057(a)(8) [39.075(a)(8)], or an  | 
      
      
        | 
           
			 | 
        investigation by the State Board for Educator Certification of an  | 
      
      
        | 
           
			 | 
        educator for an alleged violation of an assessment instrument  | 
      
      
        | 
           
			 | 
        security procedure established under Section 39.0301(a), the  | 
      
      
        | 
           
			 | 
        commissioner may issue a subpoena to compel the attendance of a  | 
      
      
        | 
           
			 | 
        relevant witness or the production, for inspection or copying, of  | 
      
      
        | 
           
			 | 
        relevant evidence that is located in this state. | 
      
      
        | 
           
			 | 
               SECTION 4.007.  The heading to Section 51.403, Education  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 51.403.  ECONOMIC JUSTIFICATION FOR COURSES; REPORTS OF  | 
      
      
        | 
           
			 | 
        STUDENT ENROLLMENT AND ACADEMIC PERFORMANCE. | 
      
      
        | 
           
			 | 
               SECTION 4.008.  Section 51.803(a), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Subject to Subsection (a-1), each general academic  | 
      
      
        | 
           
			 | 
        teaching institution shall admit an applicant for admission to the  | 
      
      
        | 
           
			 | 
        institution as an undergraduate student if the applicant graduated  | 
      
      
        | 
           
			 | 
        with a grade point average in the top 10 percent of the student's  | 
      
      
        | 
           
			 | 
        high school graduating class in one of the two school years  | 
      
      
        | 
           
			 | 
        preceding the academic year for which the applicant is applying for  | 
      
      
        | 
           
			 | 
        admission and: | 
      
      
        | 
           
			 | 
                     (1)  the applicant graduated from a public or private  | 
      
      
        | 
           
			 | 
        high school in this state accredited by a generally recognized  | 
      
      
        | 
           
			 | 
        accrediting organization or from a high school operated by the  | 
      
      
        | 
           
			 | 
        United States Department of Defense; | 
      
      
        | 
           
			 | 
                     (2)  the applicant: | 
      
      
        | 
           
			 | 
                           (A)  successfully completed: | 
      
      
        | 
           
			 | 
                                 (i)  at a public high school, the curriculum  | 
      
      
        | 
           
			 | 
        requirements established under Section 28.025 for the recommended  | 
      
      
        | 
           
			 | 
        or advanced high school program; or | 
      
      
        | 
           
			 | 
                                 (ii)  at a high school to which Section  | 
      
      
        | 
           
			 | 
        28.025 does not apply, a curriculum that is equivalent in content  | 
      
      
        | 
           
			 | 
        and rigor to the recommended or advanced high school program; or | 
      
      
        | 
           
			 | 
                           (B)  satisfied ACT's College Readiness Benchmarks  | 
      
      
        | 
           
			 | 
        on the ACT assessment applicable to the applicant or earned on the  | 
      
      
        | 
           
			 | 
        SAT assessment a score of at least 1,500 out of 2,400 or the  | 
      
      
        | 
           
			 | 
        equivalent; and | 
      
      
        | 
           
			 | 
                     (3)  if the applicant graduated from a high school  | 
      
      
        | 
           
			 | 
        operated by the United States Department of Defense, the applicant  | 
      
      
        | 
           
			 | 
        is a Texas resident under Section 54.052 or is entitled to pay  | 
      
      
        | 
           
			 | 
        tuition fees at the rate provided for Texas residents under Section  | 
      
      
        | 
           
			 | 
        54.241(d) [54.058(d)] for the term or semester to which admitted. | 
      
      
        | 
           
			 | 
               SECTION 4.009.  Section 54.341(b-2), Education Code, which  | 
      
      
        | 
           
			 | 
        was redesignated from Section 54.203(b-2), Education Code, by  | 
      
      
        | 
           
			 | 
        Chapter 359 (S.B. 32), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is repealed to conform to the repeal of Section  | 
      
      
        | 
           
			 | 
        54.203(b-2), Education Code, by Chapter 404 (S.B. 639), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 4.010.  (a) Sections 54.353 and 54.3531, Education  | 
      
      
        | 
           
			 | 
        Code, which were added by Section 17, Chapter 359 (S.B. 32), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, as a nonsubstantive  | 
      
      
        | 
           
			 | 
        redesignation of the two versions of Section 54.208, Education  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347),  | 
      
      
        | 
           
			 | 
        Acts of the 81st Legislature, Regular Session, 2009, are reenacted  | 
      
      
        | 
           
			 | 
        to conform to the reenactment of Section 54.208, Education Code,  | 
      
      
        | 
           
			 | 
        and the addition of Section 54.2081, Education Code, by Chapter 959  | 
      
      
        | 
           
			 | 
        (H.B. 1163), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 54.353.  FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES.   | 
      
      
        | 
           
			 | 
        (a)  The governing board of an institution of higher education  | 
      
      
        | 
           
			 | 
        shall exempt from the payment of tuition and laboratory fees any  | 
      
      
        | 
           
			 | 
        student enrolled in one or more courses offered as part of a fire  | 
      
      
        | 
           
			 | 
        science curriculum who: | 
      
      
        | 
           
			 | 
                     (1)  is employed as a firefighter by a political  | 
      
      
        | 
           
			 | 
        subdivision of this state; or | 
      
      
        | 
           
			 | 
                     (2)  is currently, and has been for at least one year,  | 
      
      
        | 
           
			 | 
        an active member of an organized volunteer fire department in this  | 
      
      
        | 
           
			 | 
        state, as defined by the fire fighters' pension commissioner, who  | 
      
      
        | 
           
			 | 
        holds: | 
      
      
        | 
           
			 | 
                           (A)  an Accredited Advanced level of  | 
      
      
        | 
           
			 | 
        certification, or an equivalent successor certification, under the  | 
      
      
        | 
           
			 | 
        State Firemen's and Fire Marshals' Association of Texas volunteer  | 
      
      
        | 
           
			 | 
        certification program; or | 
      
      
        | 
           
			 | 
                           (B)  Phase V (Firefighter II) certification, or an  | 
      
      
        | 
           
			 | 
        equivalent successor certification, under the Texas Commission on  | 
      
      
        | 
           
			 | 
        Fire Protection's voluntary certification program under Section  | 
      
      
        | 
           
			 | 
        419.071, Government Code. | 
      
      
        | 
           
			 | 
               (b)  An exemption provided under this section does not apply  | 
      
      
        | 
           
			 | 
        to deposits that may be required in the nature of security for the  | 
      
      
        | 
           
			 | 
        return or proper care of property loaned for the use of students. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Subsection (a), a student who for a  | 
      
      
        | 
           
			 | 
        semester or term at an institution of higher education receives an  | 
      
      
        | 
           
			 | 
        exemption under this section may continue to receive the exemption  | 
      
      
        | 
           
			 | 
        for a subsequent semester or term at any institution only if the  | 
      
      
        | 
           
			 | 
        student makes satisfactory academic progress toward a degree or  | 
      
      
        | 
           
			 | 
        certificate at that institution as determined by the institution  | 
      
      
        | 
           
			 | 
        for purposes of financial aid. | 
      
      
        | 
           
			 | 
               (d)  Notwithstanding Subsection (a), the exemption provided  | 
      
      
        | 
           
			 | 
        under this section does not apply to any amount of additional  | 
      
      
        | 
           
			 | 
        tuition the institution elects to charge a resident undergraduate  | 
      
      
        | 
           
			 | 
        student under Section 54.014(a) or (f). | 
      
      
        | 
           
			 | 
               (e)  Notwithstanding Subsection (a), the exemption provided  | 
      
      
        | 
           
			 | 
        under this section does not apply to any amount of tuition the  | 
      
      
        | 
           
			 | 
        institution charges a graduate student in excess of the amount of  | 
      
      
        | 
           
			 | 
        tuition charged to similarly situated graduate students because the  | 
      
      
        | 
           
			 | 
        student has a number of semester credit hours of doctoral work in  | 
      
      
        | 
           
			 | 
        excess of the applicable number provided by Section 61.059(l)(1) or  | 
      
      
        | 
           
			 | 
        (2). | 
      
      
        | 
           
			 | 
               (f)  The Texas Higher Education Coordinating Board shall  | 
      
      
        | 
           
			 | 
        adopt: | 
      
      
        | 
           
			 | 
                     (1)  rules governing the granting or denial of an  | 
      
      
        | 
           
			 | 
        exemption under this section, including rules relating to the  | 
      
      
        | 
           
			 | 
        determination of a student's eligibility for an exemption; and | 
      
      
        | 
           
			 | 
                     (2)  a uniform listing of degree programs covered by  | 
      
      
        | 
           
			 | 
        the exemption under this section. | 
      
      
        | 
           
			 | 
               Sec. 54.3531.  PEACE OFFICERS ENROLLED IN CERTAIN COURSES.   | 
      
      
        | 
           
			 | 
        (a)  The governing board of an institution of higher education  | 
      
      
        | 
           
			 | 
        shall exempt from the payment of tuition and laboratory fees  | 
      
      
        | 
           
			 | 
        charged by the institution for a criminal justice or law  | 
      
      
        | 
           
			 | 
        enforcement course or courses an undergraduate student who: | 
      
      
        | 
           
			 | 
                     (1)  is employed as a peace officer by this state or by  | 
      
      
        | 
           
			 | 
        a political subdivision of this state; | 
      
      
        | 
           
			 | 
                     (2)  is enrolled in a criminal justice or law  | 
      
      
        | 
           
			 | 
        enforcement-related degree program at the institution; | 
      
      
        | 
           
			 | 
                     (3)  is making satisfactory academic progress toward  | 
      
      
        | 
           
			 | 
        the student's degree as determined by the institution; and | 
      
      
        | 
           
			 | 
                     (4)  applies for the exemption at least one week before  | 
      
      
        | 
           
			 | 
        the last date of the institution's regular registration period for  | 
      
      
        | 
           
			 | 
        the applicable semester or other term. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding Subsection (a), a student may not  | 
      
      
        | 
           
			 | 
        receive an exemption under this section for any course if the  | 
      
      
        | 
           
			 | 
        student has previously attempted a number of semester credit hours  | 
      
      
        | 
           
			 | 
        for courses taken at any institution of higher education while  | 
      
      
        | 
           
			 | 
        classified as a resident student for tuition purposes in excess of  | 
      
      
        | 
           
			 | 
        the maximum number of those hours specified by Section 61.0595(a)  | 
      
      
        | 
           
			 | 
        as eligible for funding under the formulas established under  | 
      
      
        | 
           
			 | 
        Section 61.059. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Subsection (a), the governing board of  | 
      
      
        | 
           
			 | 
        an institution of higher education may not provide exemptions under  | 
      
      
        | 
           
			 | 
        this section to students enrolled in a specific class in a number  | 
      
      
        | 
           
			 | 
        that exceeds 20 percent of the maximum student enrollment  | 
      
      
        | 
           
			 | 
        designated by the institution for that class. | 
      
      
        | 
           
			 | 
               (d)  An exemption provided under this section does not apply  | 
      
      
        | 
           
			 | 
        to deposits that may be required in the nature of security for the  | 
      
      
        | 
           
			 | 
        return or proper care of property loaned for the use of students. | 
      
      
        | 
           
			 | 
               (e)  The Texas Higher Education Coordinating Board shall  | 
      
      
        | 
           
			 | 
        adopt: | 
      
      
        | 
           
			 | 
                     (1)  rules governing the granting or denial of an  | 
      
      
        | 
           
			 | 
        exemption under this section, including rules relating to the  | 
      
      
        | 
           
			 | 
        determination of a student's eligibility for an exemption; and | 
      
      
        | 
           
			 | 
                     (2)  a uniform listing of degree programs covered by  | 
      
      
        | 
           
			 | 
        the exemption under this section. | 
      
      
        | 
           
			 | 
               (f)  If the legislature does not specifically appropriate  | 
      
      
        | 
           
			 | 
        funds to an institution of higher education in an amount sufficient  | 
      
      
        | 
           
			 | 
        to pay the institution's costs in complying with this section for a  | 
      
      
        | 
           
			 | 
        semester, the governing board of the institution of higher  | 
      
      
        | 
           
			 | 
        education shall report to the Senate Finance Committee and the  | 
      
      
        | 
           
			 | 
        House Appropriations Committee the cost to the institution of  | 
      
      
        | 
           
			 | 
        complying with this section for that semester. | 
      
      
        | 
           
			 | 
               (b)  Sections 54.208 and 54.2081, Education Code, are  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               SECTION 4.011.  Section 61.0815(c), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapter 990 (H.B. 1781), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Section 61.0815, Education Code, by Chapter 1049 (S.B. 5), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 4.012.  Section 88.216(a), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The Agriculture and Wildlife Research and Management  | 
      
      
        | 
           
			 | 
        Advisory Committee is an advisory committee of the Texas  | 
      
      
        | 
           
			 | 
        Agricultural Experiment Station and is composed of: | 
      
      
        | 
           
			 | 
                     (1)  one representative of the Texas Agricultural  | 
      
      
        | 
           
			 | 
        Experiment Station, appointed by the director of the Texas  | 
      
      
        | 
           
			 | 
        Agricultural Experiment Station; | 
      
      
        | 
           
			 | 
                     (2)  one representative of the Texas AgriLife  | 
      
      
        | 
           
			 | 
        [Agricultural] Extension Service, appointed by the director of the  | 
      
      
        | 
           
			 | 
        Texas AgriLife [Agricultural] Extension Service; | 
      
      
        | 
           
			 | 
                     (3)  one representative of Texas Tech University,  | 
      
      
        | 
           
			 | 
        appointed by the dean of the College of Agriculture of Texas Tech  | 
      
      
        | 
           
			 | 
        University; | 
      
      
        | 
           
			 | 
                     (4)  one representative of The University of Texas at  | 
      
      
        | 
           
			 | 
        Austin, appointed by the vice president for research of The  | 
      
      
        | 
           
			 | 
        University of Texas System; | 
      
      
        | 
           
			 | 
                     (5)  one representative of the Department of  | 
      
      
        | 
           
			 | 
        Agriculture, appointed by the commissioner of agriculture; | 
      
      
        | 
           
			 | 
                     (6)  one representative of the Parks and Wildlife  | 
      
      
        | 
           
			 | 
        Department, appointed by the director of the department; | 
      
      
        | 
           
			 | 
                     (7)  one representative of the Texas Water Development  | 
      
      
        | 
           
			 | 
        Board, appointed by the executive administrator [director] of the  | 
      
      
        | 
           
			 | 
        board; | 
      
      
        | 
           
			 | 
                     (8)  one representative of county government,  | 
      
      
        | 
           
			 | 
        appointed by the governor; | 
      
      
        | 
           
			 | 
                     (9)  one representative of the general public,  | 
      
      
        | 
           
			 | 
        appointed by the governor; | 
      
      
        | 
           
			 | 
                     (10)  one representative of the agribusiness industry,  | 
      
      
        | 
           
			 | 
        appointed by the governor; | 
      
      
        | 
           
			 | 
                     (11)  one representative of environmental interests,  | 
      
      
        | 
           
			 | 
        appointed by the governor; | 
      
      
        | 
           
			 | 
                     (12)  one representative of wildlife interests,  | 
      
      
        | 
           
			 | 
        appointed by the governor; and | 
      
      
        | 
           
			 | 
                     (13)  one representative of the Texas rice industry,  | 
      
      
        | 
           
			 | 
        appointed by the governor. | 
      
      
        | 
           
			 | 
               SECTION 4.013.  Section 130.0012(h), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (h)  Each public junior college offering a baccalaureate  | 
      
      
        | 
           
			 | 
        degree program under this section shall prepare a biennial report  | 
      
      
        | 
           
			 | 
        on the operation and effectiveness of the junior college's  | 
      
      
        | 
           
			 | 
        baccalaureate degree programs and shall deliver a copy of the  | 
      
      
        | 
           
			 | 
        report to the coordinating board in the form and at the time  | 
      
      
        | 
           
			 | 
        determined by the coordinating board.[.] | 
      
      
        | 
           
			 | 
        ARTICLE 5.  CHANGES RELATING TO ELECTION CODE | 
      
      
        | 
           
			 | 
               SECTION 5.001.  Section 13.031(d), Election Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 1002 (H.B. 2194) and 1164 (H.B. 2817), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (d)  To be eligible for appointment as a volunteer deputy  | 
      
      
        | 
           
			 | 
        registrar, a person must: | 
      
      
        | 
           
			 | 
                     (1)  be 18 years of age or older; | 
      
      
        | 
           
			 | 
                     (2)  not have been finally convicted of a felony or, if  | 
      
      
        | 
           
			 | 
        so convicted, must have: | 
      
      
        | 
           
			 | 
                           (A)  fully discharged the person's sentence,  | 
      
      
        | 
           
			 | 
        including any term of incarceration, parole, or supervision, or  | 
      
      
        | 
           
			 | 
        completed a period of probation ordered by any court; or | 
      
      
        | 
           
			 | 
                           (B)  been pardoned or otherwise released from the  | 
      
      
        | 
           
			 | 
        resulting disability to vote; [and] | 
      
      
        | 
           
			 | 
                     (3)  meet the requirements to be a qualified voter  | 
      
      
        | 
           
			 | 
        under Section 11.002 except that the person is not required to be a  | 
      
      
        | 
           
			 | 
        registered voter; and | 
      
      
        | 
           
			 | 
                     (4) [(3)]  not have been finally convicted of an  | 
      
      
        | 
           
			 | 
        offense under Section 32.51, Penal Code. | 
      
      
        | 
           
			 | 
               SECTION 5.002.  Section 15.022(a), Election Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The registrar shall make the appropriate corrections in  | 
      
      
        | 
           
			 | 
        the registration records, including, if necessary, deleting a  | 
      
      
        | 
           
			 | 
        voter's name from the suspense list: | 
      
      
        | 
           
			 | 
                     (1)  after receipt of a notice of a change in  | 
      
      
        | 
           
			 | 
        registration information under Section 15.021; | 
      
      
        | 
           
			 | 
                     (2)  after receipt of a voter's reply to a notice of  | 
      
      
        | 
           
			 | 
        investigation given under Section 16.033; | 
      
      
        | 
           
			 | 
                     (3)  after receipt of any affidavits executed under  | 
      
      
        | 
           
			 | 
        Section 63.006, following an election; | 
      
      
        | 
           
			 | 
                     (4)  after receipt of a voter's statement of residence  | 
      
      
        | 
           
			 | 
        executed under Section 63.0011; | 
      
      
        | 
           
			 | 
                     (5)  before the effective date of the abolishment of a  | 
      
      
        | 
           
			 | 
        county election precinct or a change in its boundary; | 
      
      
        | 
           
			 | 
                     (6)  after receipt of United States Postal Service  | 
      
      
        | 
           
			 | 
        information indicating an address reclassification; | 
      
      
        | 
           
			 | 
                     (7)  after receipt of a voter's response under Section  | 
      
      
        | 
           
			 | 
        15.053; or | 
      
      
        | 
           
			 | 
                     (8)  after receipt of a registration application or  | 
      
      
        | 
           
			 | 
        change of address under Chapter 20. | 
      
      
        | 
           
			 | 
               SECTION 5.003.  Section 16.001(d), Election Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 650 (S.B. 1046), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is repealed as duplicative of Sections 16.001(d) and  | 
      
      
        | 
           
			 | 
        18.068, Election Code, as added by Chapter 683 (H.B. 174), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 5.004.  Section 16.031(b), Election Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 650 (S.B. 1046) and 683 (H.B. 174), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  The registrar shall cancel a voter's registration  | 
      
      
        | 
           
			 | 
        immediately if the registrar: | 
      
      
        | 
           
			 | 
                     (1)  determines from information received under  | 
      
      
        | 
           
			 | 
        Section 16.001(c) that the voter is deceased; | 
      
      
        | 
           
			 | 
                     (2)  has personal knowledge that the voter is deceased; | 
      
      
        | 
           
			 | 
                     (3)  receives from a person related within the second  | 
      
      
        | 
           
			 | 
        degree by consanguinity or affinity, as determined under Chapter  | 
      
      
        | 
           
			 | 
        573, Government Code, to the voter a sworn statement by that person  | 
      
      
        | 
           
			 | 
        indicating that the voter is deceased; or | 
      
      
        | 
           
			 | 
                     (4)  receives notice from the secretary of state under  | 
      
      
        | 
           
			 | 
        Section 18.068 that the voter is deceased. | 
      
      
        | 
           
			 | 
               SECTION 5.005.  The heading to Section 19.001, Election  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 19.001.  STATEMENT OF REGISTRATIONS SUBMITTED TO  | 
      
      
        | 
           
			 | 
        SECRETARY OF STATE [COMPTROLLER]. | 
      
      
        | 
           
			 | 
               SECTION 5.006.  Section 66.0241, Election Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4  | 
      
      
        | 
           
			 | 
        must contain: | 
      
      
        | 
           
			 | 
                     (1)  the precinct list of registered voters; | 
      
      
        | 
           
			 | 
                     (2)  the registration correction list; | 
      
      
        | 
           
			 | 
                     (3)  any statements of residence executed under Section  | 
      
      
        | 
           
			 | 
        63.0011; and | 
      
      
        | 
           
			 | 
                     (4)  any affidavits executed under Section 63.006 or  | 
      
      
        | 
           
			 | 
        63.011. | 
      
      
        | 
           
			 | 
        ARTICLE 6.  CHANGES RELATING TO ESTATES CODE | 
      
      
        | 
           
			 | 
               SECTION 6.001.  Sections 21.001(b) and (c), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, are amended to conform to Section 2.54,  | 
      
      
        | 
           
			 | 
        Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Consistent with the objectives of the statutory  | 
      
      
        | 
           
			 | 
        revision program, the purpose of this code, except Subtitle  | 
      
      
        | 
           
			 | 
        [Subtitles] X [and Y], Title 2, and Subtitles Y and Z, Title 3, is to  | 
      
      
        | 
           
			 | 
        make the law encompassed by this code, except Subtitle [Subtitles]  | 
      
      
        | 
           
			 | 
        X [and Y], Title 2, and Subtitles Y and Z, Title 3, more accessible  | 
      
      
        | 
           
			 | 
        and understandable by: | 
      
      
        | 
           
			 | 
                     (1)  rearranging the statutes into a more logical  | 
      
      
        | 
           
			 | 
        order; | 
      
      
        | 
           
			 | 
                     (2)  employing a format and numbering system designed  | 
      
      
        | 
           
			 | 
        to facilitate citation of the law and to accommodate future  | 
      
      
        | 
           
			 | 
        expansion of the law; | 
      
      
        | 
           
			 | 
                     (3)  eliminating repealed, duplicative,  | 
      
      
        | 
           
			 | 
        unconstitutional, expired, executed, and other ineffective  | 
      
      
        | 
           
			 | 
        provisions; and | 
      
      
        | 
           
			 | 
                     (4)  restating the law in modern American English to  | 
      
      
        | 
           
			 | 
        the greatest extent possible. | 
      
      
        | 
           
			 | 
               (c)  The provisions of Subtitle [Subtitles] X [and Y], Title  | 
      
      
        | 
           
			 | 
        2, and Subtitles Y and Z, Title 3, are transferred from the Texas  | 
      
      
        | 
           
			 | 
        Probate Code and redesignated as part of this code, but are not  | 
      
      
        | 
           
			 | 
        revised as part of the state's continuing statutory revision  | 
      
      
        | 
           
			 | 
        program. | 
      
      
        | 
           
			 | 
               SECTION 6.002.  Section 21.002(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 2.54,  | 
      
      
        | 
           
			 | 
        Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Chapter 311, Government Code (Code Construction Act),  | 
      
      
        | 
           
			 | 
        does not apply to the construction of a provision of Subtitle X [or 
         | 
      
      
        | 
           
			 | 
        
          Y], Title 2, or Subtitle Y or Z, Title 3. | 
      
      
        | 
           
			 | 
               SECTION 6.003.  Section 21.003(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 2.54,  | 
      
      
        | 
           
			 | 
        Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A reference in Subtitle X [or Y], Title 2, or Subtitle Y  | 
      
      
        | 
           
			 | 
        or Z, Title 3, to a chapter, a part, a subpart, a section, or any  | 
      
      
        | 
           
			 | 
        portion of a section "of this code" is a reference to the chapter,  | 
      
      
        | 
           
			 | 
        part, subpart, section, or portion of a section as redesignated in  | 
      
      
        | 
           
			 | 
        the Estates Code, except that: | 
      
      
        | 
           
			 | 
                     (1)  a reference in Subtitle X [or Y], Title 2, or  | 
      
      
        | 
           
			 | 
        Subtitle Y or Z, Title 3, to Chapter I is a reference to Chapter I,  | 
      
      
        | 
           
			 | 
        Estates Code, and to the revision of sections derived from Chapter  | 
      
      
        | 
           
			 | 
        I, Texas Probate Code, and any reenactments and amendments to those  | 
      
      
        | 
           
			 | 
        sections; and | 
      
      
        | 
           
			 | 
                     (2)  a reference in Subtitle X [or Y], Title 2, or  | 
      
      
        | 
           
			 | 
        Subtitle Y or Z, Title 3, to a chapter, part, subpart, section, or  | 
      
      
        | 
           
			 | 
        portion of a section that does not exist in the Estates Code is a  | 
      
      
        | 
           
			 | 
        reference to the revision or redesignation of the corresponding  | 
      
      
        | 
           
			 | 
        chapter, part, subpart, section, or portion of a section of the  | 
      
      
        | 
           
			 | 
        Texas Probate Code and any reenactments or amendments. | 
      
      
        | 
           
			 | 
               SECTION 6.004.  Section 21.005, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 2.54, Chapter 1338  | 
      
      
        | 
           
			 | 
        (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS.   | 
      
      
        | 
           
			 | 
        Notwithstanding Section 21.002(b) of this code and Section 311.002,  | 
      
      
        | 
           
			 | 
        Government Code: | 
      
      
        | 
           
			 | 
                     (1)  Section 311.032(c), Government Code, applies to  | 
      
      
        | 
           
			 | 
        Subtitle [Subtitles] X [and Y], Title 2, and Subtitles Y and Z,  | 
      
      
        | 
           
			 | 
        Title 3; and | 
      
      
        | 
           
			 | 
                     (2)  Sections 311.005(4) and 311.012(b) and (c),  | 
      
      
        | 
           
			 | 
        Government Code, apply to Subtitle [Subtitles] X [and Y], Title 2,  | 
      
      
        | 
           
			 | 
        and Subtitles Y and Z, Title 3. | 
      
      
        | 
           
			 | 
               SECTION 6.005.  Section 22.001(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Sections 1.02  | 
      
      
        | 
           
			 | 
        and 3.02(c), Chapter 823 (H.B. 2759), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  If Title 3 [Chapter XIII] provides a definition for a  | 
      
      
        | 
           
			 | 
        term that is different from the definition provided by this  | 
      
      
        | 
           
			 | 
        chapter, the definition for the term provided by Title 3 [Chapter 
         | 
      
      
        | 
           
			 | 
        
          XIII] applies in that title [chapter]. | 
      
      
        | 
           
			 | 
               SECTION 6.006.  Section 22.017, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 2.54, Chapter 1338  | 
      
      
        | 
           
			 | 
        (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 22.017.  INDEPENDENT EXECUTOR.  "Independent executor"  | 
      
      
        | 
           
			 | 
        means the personal representative of an estate under independent  | 
      
      
        | 
           
			 | 
        administration as provided by Chapter 401 and Section 402.001  | 
      
      
        | 
           
			 | 
        [Section 145].  The term includes an independent administrator. | 
      
      
        | 
           
			 | 
               SECTION 6.007.  Section 32.005(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 2.54,  | 
      
      
        | 
           
			 | 
        Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This section shall be construed in conjunction and in  | 
      
      
        | 
           
			 | 
        harmony with Chapter 401 and Section 402.001 [Section 145] and all  | 
      
      
        | 
           
			 | 
        other sections of this title relating to independent executors, but  | 
      
      
        | 
           
			 | 
        may not be construed to expand the court's control over an  | 
      
      
        | 
           
			 | 
        independent executor. | 
      
      
        | 
           
			 | 
               SECTION 6.008.  Subtitle A, Title 2, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended by adding Chapter 34, and a  | 
      
      
        | 
           
			 | 
        heading is added to that chapter to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 34.  MATTERS RELATING TO CERTAIN OTHER TYPES OF PROCEEDINGS | 
      
      
        | 
           
			 | 
               SECTION 6.009.  Notwithstanding the transfer of Sections 5B  | 
      
      
        | 
           
			 | 
        and 5C, Texas Probate Code, to the Estates Code and redesignation as  | 
      
      
        | 
           
			 | 
        Sections 5B and 5C of that code effective January 1, 2014, by  | 
      
      
        | 
           
			 | 
        Section 2, Chapter 680 (H.B. 2502), Acts of the 81st Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2009, Sections 5B and 5C, Texas Probate Code, are  | 
      
      
        | 
           
			 | 
        transferred to Chapter 34, Estates Code, as added by this Act,  | 
      
      
        | 
           
			 | 
        redesignated as Sections 34.001 and 34.002, Estates Code, and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 34.001 [5B].  TRANSFER TO STATUTORY PROBATE COURT OF  | 
      
      
        | 
           
			 | 
        PROCEEDING RELATED TO PROBATE PROCEEDING.  (a)  A judge of a  | 
      
      
        | 
           
			 | 
        statutory probate court, on the motion of a party to the action or  | 
      
      
        | 
           
			 | 
        on the motion of a person interested in an estate, may transfer to  | 
      
      
        | 
           
			 | 
        the judge's court from a district, county, or statutory court a  | 
      
      
        | 
           
			 | 
        cause of action related to a probate proceeding pending in the  | 
      
      
        | 
           
			 | 
        statutory probate court or a cause of action in which a personal  | 
      
      
        | 
           
			 | 
        representative of an estate pending in the statutory probate court  | 
      
      
        | 
           
			 | 
        is a party and may consolidate the transferred cause of action with  | 
      
      
        | 
           
			 | 
        the other proceedings in the statutory probate court relating to  | 
      
      
        | 
           
			 | 
        that estate. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other provision of this subtitle,  | 
      
      
        | 
           
			 | 
        Title 1, Subtitle X, Title 2, Chapter 51, 52, 53, 54, 55, or 151, or  | 
      
      
        | 
           
			 | 
        Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or  | 
      
      
        | 
           
			 | 
        351.355 [chapter], the proper venue for an action by or against a  | 
      
      
        | 
           
			 | 
        personal representative for personal injury, death, or property  | 
      
      
        | 
           
			 | 
        damages is determined under Section 15.007, Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code. | 
      
      
        | 
           
			 | 
               Sec. 34.002 [5C].  ACTIONS TO COLLECT DELINQUENT PROPERTY  | 
      
      
        | 
           
			 | 
        TAXES.  (a)  This section applies only to a decedent's estate that: | 
      
      
        | 
           
			 | 
                     (1)  is being administered in a pending probate  | 
      
      
        | 
           
			 | 
        proceeding; | 
      
      
        | 
           
			 | 
                     (2)  owns or claims an interest in property against  | 
      
      
        | 
           
			 | 
        which a taxing unit has imposed ad valorem taxes that are  | 
      
      
        | 
           
			 | 
        delinquent; and | 
      
      
        | 
           
			 | 
                     (3)  is not being administered as an independent  | 
      
      
        | 
           
			 | 
        administration under Chapter 401 and Section 402.001 [Section 145 
         | 
      
      
        | 
           
			 | 
        
          of this code]. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any provision of this code to the  | 
      
      
        | 
           
			 | 
        contrary, if the probate proceedings are pending in a foreign  | 
      
      
        | 
           
			 | 
        jurisdiction or in a county other than the county in which the taxes  | 
      
      
        | 
           
			 | 
        were imposed, a suit to foreclose the lien securing payment of the  | 
      
      
        | 
           
			 | 
        taxes or to enforce personal liability for the taxes must be brought  | 
      
      
        | 
           
			 | 
        under Section 33.41, Tax Code, in a court of competent jurisdiction  | 
      
      
        | 
           
			 | 
        in the county in which the taxes were imposed. | 
      
      
        | 
           
			 | 
               (c)  If the probate proceedings have been pending for four  | 
      
      
        | 
           
			 | 
        years or less in the county in which the taxes were imposed, the  | 
      
      
        | 
           
			 | 
        taxing unit may present a claim for the delinquent taxes against the  | 
      
      
        | 
           
			 | 
        estate to the personal representative of the estate in the probate  | 
      
      
        | 
           
			 | 
        proceedings. | 
      
      
        | 
           
			 | 
               (d)  If the taxing unit presents a claim against the estate  | 
      
      
        | 
           
			 | 
        under Subsection (c) [of this section]: | 
      
      
        | 
           
			 | 
                     (1)  the claim of the taxing unit is subject to each  | 
      
      
        | 
           
			 | 
        applicable provision in Subchapter A, Chapter 124, Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356  | 
      
      
        | 
           
			 | 
        [Parts 4 and 5, Chapter VIII, of this code] that relates to a claim  | 
      
      
        | 
           
			 | 
        or the enforcement of a claim in a probate proceeding; and | 
      
      
        | 
           
			 | 
                     (2)  the taxing unit may not bring a suit in any other  | 
      
      
        | 
           
			 | 
        court to foreclose the lien securing payment of the taxes or to  | 
      
      
        | 
           
			 | 
        enforce personal liability for the delinquent taxes before the  | 
      
      
        | 
           
			 | 
        first day after the fourth anniversary of the date the application  | 
      
      
        | 
           
			 | 
        for the probate proceeding was filed. | 
      
      
        | 
           
			 | 
               (e)  To foreclose the lien securing payment of the delinquent  | 
      
      
        | 
           
			 | 
        taxes, the taxing unit must bring a suit under Section 33.41, Tax  | 
      
      
        | 
           
			 | 
        Code, in a court of competent jurisdiction for the county in which  | 
      
      
        | 
           
			 | 
        the taxes were imposed if: | 
      
      
        | 
           
			 | 
                     (1)  the probate proceedings have been pending in that  | 
      
      
        | 
           
			 | 
        county for more than four years; and | 
      
      
        | 
           
			 | 
                     (2)  the taxing unit did not present a delinquent tax  | 
      
      
        | 
           
			 | 
        claim under Subsection (c) [of this section] against the estate in  | 
      
      
        | 
           
			 | 
        the probate proceeding. | 
      
      
        | 
           
			 | 
               (f)  In a suit brought under Subsection (e) [of this 
         | 
      
      
        | 
           
			 | 
        
          section], the taxing unit: | 
      
      
        | 
           
			 | 
                     (1)  shall make the personal representative of the  | 
      
      
        | 
           
			 | 
        decedent's estate a party to the suit; and | 
      
      
        | 
           
			 | 
                     (2)  may not seek to enforce personal liability for the  | 
      
      
        | 
           
			 | 
        taxes against the estate of the decedent. | 
      
      
        | 
           
			 | 
               SECTION 6.010.  Section 152.001(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 2.54,  | 
      
      
        | 
           
			 | 
        Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  An applicant may file an application under this section  | 
      
      
        | 
           
			 | 
        only if: | 
      
      
        | 
           
			 | 
                     (1)  an application or affidavit has not been filed and  | 
      
      
        | 
           
			 | 
        is not pending under Section [145,] 256.052, 256.054, or 301.052 or  | 
      
      
        | 
           
			 | 
        Chapter 205 or 401; and | 
      
      
        | 
           
			 | 
                     (2)  the applicant needs to: | 
      
      
        | 
           
			 | 
                           (A)  obtain funds for the payment of the  | 
      
      
        | 
           
			 | 
        decedent's funeral and burial expenses; or | 
      
      
        | 
           
			 | 
                           (B)  gain access to accommodations rented by the  | 
      
      
        | 
           
			 | 
        decedent that contain the decedent's personal property and the  | 
      
      
        | 
           
			 | 
        applicant has been denied access to those accommodations. | 
      
      
        | 
           
			 | 
               SECTION 6.011.  Section 152.102(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 2,  | 
      
      
        | 
           
			 | 
        Chapter 707 (H.B. 549), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Subsection (a) applies: | 
      
      
        | 
           
			 | 
                     (1)  without regard to whether the decedent died  | 
      
      
        | 
           
			 | 
        intestate or testate; [and] | 
      
      
        | 
           
			 | 
                     (2)  regardless of whether the surviving spouse is  | 
      
      
        | 
           
			 | 
        designated by the decedent's will as the executor of the decedent's  | 
      
      
        | 
           
			 | 
        estate; and | 
      
      
        | 
           
			 | 
                     (3)  subject to the prohibition described by Section  | 
      
      
        | 
           
			 | 
        711.002(l), Health and Safety Code. | 
      
      
        | 
           
			 | 
               SECTION 6.012.  Section 351.351, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 2.54, Chapter 1338  | 
      
      
        | 
           
			 | 
        (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 351.351.  APPLICABILITY.  This subchapter does not  | 
      
      
        | 
           
			 | 
        apply to: | 
      
      
        | 
           
			 | 
                     (1)  the appointment of an independent executor or  | 
      
      
        | 
           
			 | 
        administrator under Section 401.002 or 401.003(a) [145(c), (d), or 
         | 
      
      
        | 
           
			 | 
        
          (e)]; or | 
      
      
        | 
           
			 | 
                     (2)  the appointment of a successor independent  | 
      
      
        | 
           
			 | 
        executor under Section 404.005 [154A]. | 
      
      
        | 
           
			 | 
               SECTION 6.013.  Section 352.004, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 2.54, Chapter 1338  | 
      
      
        | 
           
			 | 
        (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on  | 
      
      
        | 
           
			 | 
        application of an interested person or on the court's own motion,  | 
      
      
        | 
           
			 | 
        wholly or partly deny a commission allowed by this subchapter if: | 
      
      
        | 
           
			 | 
                     (1)  the court finds that the executor or administrator  | 
      
      
        | 
           
			 | 
        has not taken care of and managed estate property prudently; or | 
      
      
        | 
           
			 | 
                     (2)  the executor or administrator has been removed  | 
      
      
        | 
           
			 | 
        under Section 404.003 [149C] or Subchapter B, Chapter 361. | 
      
      
        | 
           
			 | 
               SECTION 6.014.  Section 1002.015, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 1, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1002.015.  [GUARDIANSHIP MATTER;] GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROCEEDING[; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR 
         | 
      
      
        | 
           
			 | 
        
          GUARDIANSHIP].  The term [terms "guardianship matter,"]  | 
      
      
        | 
           
			 | 
        "guardianship proceeding" means [proceeding," "proceedings in 
         | 
      
      
        | 
           
			 | 
        
          guardianship," and "proceedings for guardianship" are synonymous 
         | 
      
      
        | 
           
			 | 
        
          and include] a matter or proceeding related [relating] to a  | 
      
      
        | 
           
			 | 
        guardianship or any other matter covered [addressed] by this title,  | 
      
      
        | 
           
			 | 
        including: | 
      
      
        | 
           
			 | 
                     (1)  the appointment of a guardian of a minor or other  | 
      
      
        | 
           
			 | 
        incapacitated person, including an incapacitated adult for whom  | 
      
      
        | 
           
			 | 
        another court obtained continuing, exclusive jurisdiction in a suit  | 
      
      
        | 
           
			 | 
        affecting the parent-child relationship when the person was a  | 
      
      
        | 
           
			 | 
        child; | 
      
      
        | 
           
			 | 
                     (2)  an application, petition, or motion regarding  | 
      
      
        | 
           
			 | 
        guardianship or an alternative to guardianship under this title; | 
      
      
        | 
           
			 | 
                     (3)  a mental health action; and | 
      
      
        | 
           
			 | 
                     (4)  an application, petition, or motion regarding a  | 
      
      
        | 
           
			 | 
        trust created under Chapter 1301. | 
      
      
        | 
           
			 | 
               SECTION 6.015.  (a)  Subtitle B, Title 3, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Sections 2-7,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, and Sections 66.01-66.04, Chapter 4 (S.B. 1), Acts  | 
      
      
        | 
           
			 | 
        of the 82nd Legislature, 1st Called Session, 2011, by adding  | 
      
      
        | 
           
			 | 
        Chapters 1021, 1022, and 1023 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 1021. GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING.   | 
      
      
        | 
           
			 | 
        (a)  For purposes of this code, in a county in which there is no  | 
      
      
        | 
           
			 | 
        statutory probate court, a matter related to a guardianship  | 
      
      
        | 
           
			 | 
        proceeding includes: | 
      
      
        | 
           
			 | 
                     (1)  the granting of letters of guardianship; | 
      
      
        | 
           
			 | 
                     (2)  the settling of an account of a guardian and all  | 
      
      
        | 
           
			 | 
        other matters relating to the settlement, partition, or  | 
      
      
        | 
           
			 | 
        distribution of a ward's estate; | 
      
      
        | 
           
			 | 
                     (3)  a claim brought by or against a guardianship  | 
      
      
        | 
           
			 | 
        estate; | 
      
      
        | 
           
			 | 
                     (4)  an action for trial of title to real property that  | 
      
      
        | 
           
			 | 
        is guardianship estate property, including the enforcement of a  | 
      
      
        | 
           
			 | 
        lien against the property; | 
      
      
        | 
           
			 | 
                     (5)  an action for trial of the right of property that  | 
      
      
        | 
           
			 | 
        is guardianship estate property; | 
      
      
        | 
           
			 | 
                     (6)  after a guardianship of the estate of a ward is  | 
      
      
        | 
           
			 | 
        required to be settled as provided by Section 1204.001: | 
      
      
        | 
           
			 | 
                           (A)  an action brought by or on behalf of the  | 
      
      
        | 
           
			 | 
        former ward against a former guardian of the ward for alleged  | 
      
      
        | 
           
			 | 
        misconduct arising from the performance of the person's duties as  | 
      
      
        | 
           
			 | 
        guardian; | 
      
      
        | 
           
			 | 
                           (B)  an action calling on the surety of a guardian  | 
      
      
        | 
           
			 | 
        or former guardian to perform in place of the guardian or former  | 
      
      
        | 
           
			 | 
        guardian, which may include the award of a judgment against the  | 
      
      
        | 
           
			 | 
        guardian or former guardian in favor of the surety; | 
      
      
        | 
           
			 | 
                           (C)  an action against a former guardian of the  | 
      
      
        | 
           
			 | 
        former ward that is brought by a surety that is called on to perform  | 
      
      
        | 
           
			 | 
        in place of the former guardian; | 
      
      
        | 
           
			 | 
                           (D)  a claim for the payment of compensation,  | 
      
      
        | 
           
			 | 
        expenses, and court costs, and any other matter authorized under  | 
      
      
        | 
           
			 | 
        Chapter 1155 and Subpart H, Part 2, Subtitle Z; and | 
      
      
        | 
           
			 | 
                           (E)  a matter related to an authorization made or  | 
      
      
        | 
           
			 | 
        duty performed by a guardian under Chapter 1204; and | 
      
      
        | 
           
			 | 
                     (7)  the appointment of a trustee for a trust created  | 
      
      
        | 
           
			 | 
        under Section 1301.053 or 1301.054, the settling of an account of  | 
      
      
        | 
           
			 | 
        the trustee, and all other matters relating to the trust. | 
      
      
        | 
           
			 | 
               (b)  For purposes of this code, in a county in which there is  | 
      
      
        | 
           
			 | 
        a statutory probate court, a matter related to a guardianship  | 
      
      
        | 
           
			 | 
        proceeding includes: | 
      
      
        | 
           
			 | 
                     (1)  all matters and actions described in Subsection  | 
      
      
        | 
           
			 | 
        (a); | 
      
      
        | 
           
			 | 
                     (2)  a suit, action, or application filed against or on  | 
      
      
        | 
           
			 | 
        behalf of a guardianship or a trustee of a trust created under  | 
      
      
        | 
           
			 | 
        Section 1301.053 or 1301.054; and | 
      
      
        | 
           
			 | 
                     (3)  a cause of action in which a guardian in a  | 
      
      
        | 
           
			 | 
        guardianship pending in the statutory probate court is a party. | 
      
      
        | 
           
			 | 
        CHAPTER 1022.  JURISDICTION | 
      
      
        | 
           
			 | 
               Sec. 1022.001.  GENERAL PROBATE COURT JURISDICTION IN  | 
      
      
        | 
           
			 | 
        GUARDIANSHIP PROCEEDINGS; APPEALS.  (a)  All guardianship  | 
      
      
        | 
           
			 | 
        proceedings must be filed and heard in a court exercising original  | 
      
      
        | 
           
			 | 
        probate jurisdiction.  The court exercising original probate  | 
      
      
        | 
           
			 | 
        jurisdiction also has jurisdiction of all matters related to the  | 
      
      
        | 
           
			 | 
        guardianship proceeding as specified in Section 1021.001 for that  | 
      
      
        | 
           
			 | 
        type of court. | 
      
      
        | 
           
			 | 
               (b)  A probate court may exercise pendent and ancillary  | 
      
      
        | 
           
			 | 
        jurisdiction as necessary to promote judicial efficiency and  | 
      
      
        | 
           
			 | 
        economy. | 
      
      
        | 
           
			 | 
               (c)  A final order issued by a probate court is appealable to  | 
      
      
        | 
           
			 | 
        the court of appeals. | 
      
      
        | 
           
			 | 
               Sec. 1022.002.  ORIGINAL JURISDICTION FOR GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROCEEDINGS.  (a)  In a county in which there is no statutory  | 
      
      
        | 
           
			 | 
        probate court or county court at law exercising original probate  | 
      
      
        | 
           
			 | 
        jurisdiction, the county court has original jurisdiction of  | 
      
      
        | 
           
			 | 
        guardianship proceedings. | 
      
      
        | 
           
			 | 
               (b)  In a county in which there is no statutory probate  | 
      
      
        | 
           
			 | 
        court, but in which there is a county court at law exercising  | 
      
      
        | 
           
			 | 
        original probate jurisdiction, the county court at law exercising  | 
      
      
        | 
           
			 | 
        original probate jurisdiction and the county court have concurrent  | 
      
      
        | 
           
			 | 
        original jurisdiction of guardianship proceedings, unless  | 
      
      
        | 
           
			 | 
        otherwise provided by law.  The judge of a county court may hear  | 
      
      
        | 
           
			 | 
        guardianship proceedings while sitting for the judge of any other  | 
      
      
        | 
           
			 | 
        county court. | 
      
      
        | 
           
			 | 
               (c)  In a county in which there is a statutory probate court,  | 
      
      
        | 
           
			 | 
        the statutory probate court has original jurisdiction of  | 
      
      
        | 
           
			 | 
        guardianship proceedings. | 
      
      
        | 
           
			 | 
               Sec. 1022.003.  JURISDICTION OF CONTESTED GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR COUNTY  | 
      
      
        | 
           
			 | 
        COURT AT LAW.  (a)  In a county in which there is no statutory  | 
      
      
        | 
           
			 | 
        probate court or county court at law exercising original probate  | 
      
      
        | 
           
			 | 
        jurisdiction, when a matter in a guardianship proceeding is  | 
      
      
        | 
           
			 | 
        contested, the judge of the county court may, on the judge's own  | 
      
      
        | 
           
			 | 
        motion, or shall, on the motion of any party to the proceeding,  | 
      
      
        | 
           
			 | 
        according to the motion: | 
      
      
        | 
           
			 | 
                     (1)  request the assignment of a statutory probate  | 
      
      
        | 
           
			 | 
        court judge to hear the contested matter, as provided by Section  | 
      
      
        | 
           
			 | 
        25.0022, Government Code; or | 
      
      
        | 
           
			 | 
                     (2)  transfer the contested matter to the district  | 
      
      
        | 
           
			 | 
        court, which may then hear the contested matter as if originally  | 
      
      
        | 
           
			 | 
        filed in the district court. | 
      
      
        | 
           
			 | 
               (b)  If a party to a guardianship proceeding files a motion  | 
      
      
        | 
           
			 | 
        for the assignment of a statutory probate court judge to hear a  | 
      
      
        | 
           
			 | 
        contested matter in the proceeding before the judge of the county  | 
      
      
        | 
           
			 | 
        court transfers the contested matter to a district court under this  | 
      
      
        | 
           
			 | 
        section, the county judge shall grant the motion for the assignment  | 
      
      
        | 
           
			 | 
        of a statutory probate court judge and may not transfer the matter  | 
      
      
        | 
           
			 | 
        to the district court unless the party withdraws the motion. | 
      
      
        | 
           
			 | 
               (c)  If a judge of a county court requests the assignment of a  | 
      
      
        | 
           
			 | 
        statutory probate court judge to hear a contested matter in a  | 
      
      
        | 
           
			 | 
        guardianship proceeding on the judge's own motion or on the motion  | 
      
      
        | 
           
			 | 
        of a party to the proceeding as provided by this section, the judge  | 
      
      
        | 
           
			 | 
        may request that the statutory probate court judge be assigned to  | 
      
      
        | 
           
			 | 
        the entire proceeding on the judge's own motion or on the motion of  | 
      
      
        | 
           
			 | 
        a party. | 
      
      
        | 
           
			 | 
               (d)  A party to a guardianship proceeding may file a motion  | 
      
      
        | 
           
			 | 
        for the assignment of a statutory probate court judge under this  | 
      
      
        | 
           
			 | 
        section before a matter in the proceeding becomes contested, and  | 
      
      
        | 
           
			 | 
        the motion is given effect as a motion for assignment of a statutory  | 
      
      
        | 
           
			 | 
        probate court judge under Subsection (a) if the matter later  | 
      
      
        | 
           
			 | 
        becomes contested. | 
      
      
        | 
           
			 | 
               (e)  Notwithstanding any other law, a transfer of a contested  | 
      
      
        | 
           
			 | 
        matter in a guardianship proceeding to a district court under any  | 
      
      
        | 
           
			 | 
        authority other than the authority provided by this section: | 
      
      
        | 
           
			 | 
                     (1)  is disregarded for purposes of this section; and | 
      
      
        | 
           
			 | 
                     (2)  does not defeat the right of a party to the  | 
      
      
        | 
           
			 | 
        proceeding to have the matter assigned to a statutory probate court  | 
      
      
        | 
           
			 | 
        judge in accordance with this section. | 
      
      
        | 
           
			 | 
               (f)  A statutory probate court judge assigned to a contested  | 
      
      
        | 
           
			 | 
        matter in a guardianship proceeding or to the entire proceeding  | 
      
      
        | 
           
			 | 
        under this section has the jurisdiction and authority granted to a  | 
      
      
        | 
           
			 | 
        statutory probate court by this code.  A statutory probate court  | 
      
      
        | 
           
			 | 
        judge assigned to hear only the contested matter in a guardianship  | 
      
      
        | 
           
			 | 
        proceeding shall, on resolution of the matter, including any appeal  | 
      
      
        | 
           
			 | 
        of the matter, return the matter to the county court for further  | 
      
      
        | 
           
			 | 
        proceedings not inconsistent with the orders of the statutory  | 
      
      
        | 
           
			 | 
        probate court or court of appeals, as applicable.  A statutory  | 
      
      
        | 
           
			 | 
        probate court judge assigned to the entire guardianship proceeding  | 
      
      
        | 
           
			 | 
        as provided by Subsection (c) shall, on resolution of the contested  | 
      
      
        | 
           
			 | 
        matter in the proceeding, including any appeal of the matter,  | 
      
      
        | 
           
			 | 
        return the entire proceeding to the county court for further  | 
      
      
        | 
           
			 | 
        proceedings not inconsistent with the orders of the statutory  | 
      
      
        | 
           
			 | 
        probate court or court of appeals, as applicable. | 
      
      
        | 
           
			 | 
               (g)  A district court to which a contested matter in a  | 
      
      
        | 
           
			 | 
        guardianship proceeding is transferred under this section has the  | 
      
      
        | 
           
			 | 
        jurisdiction and authority granted to a statutory probate court by  | 
      
      
        | 
           
			 | 
        this code.  On resolution of a contested matter transferred to the  | 
      
      
        | 
           
			 | 
        district court under this section, including any appeal of the  | 
      
      
        | 
           
			 | 
        matter, the district court shall return the matter to the county  | 
      
      
        | 
           
			 | 
        court for further proceedings not inconsistent with the orders of  | 
      
      
        | 
           
			 | 
        the district court or court of appeals, as applicable. | 
      
      
        | 
           
			 | 
               (h)  If only the contested matter in a guardianship  | 
      
      
        | 
           
			 | 
        proceeding is assigned to a statutory probate court judge under  | 
      
      
        | 
           
			 | 
        this section, or if the contested matter in a guardianship  | 
      
      
        | 
           
			 | 
        proceeding is transferred to a district court under this section,  | 
      
      
        | 
           
			 | 
        the county court shall continue to exercise jurisdiction over the  | 
      
      
        | 
           
			 | 
        management of the guardianship, other than a contested matter,  | 
      
      
        | 
           
			 | 
        until final disposition of the contested matter is made in  | 
      
      
        | 
           
			 | 
        accordance with this section.  Any matter related to a guardianship  | 
      
      
        | 
           
			 | 
        proceeding in which a contested matter is transferred to a district  | 
      
      
        | 
           
			 | 
        court may be brought in the district court.  The district court in  | 
      
      
        | 
           
			 | 
        which a matter related to the proceeding is filed may, on the  | 
      
      
        | 
           
			 | 
        court's own motion or on the motion of any party, find that the  | 
      
      
        | 
           
			 | 
        matter is not a contested matter and transfer the matter to the  | 
      
      
        | 
           
			 | 
        county court with jurisdiction of the management of the  | 
      
      
        | 
           
			 | 
        guardianship. | 
      
      
        | 
           
			 | 
               (i)  If a contested matter in a guardianship proceeding is  | 
      
      
        | 
           
			 | 
        transferred to a district court under this section, the district  | 
      
      
        | 
           
			 | 
        court has jurisdiction of any contested matter in the proceeding  | 
      
      
        | 
           
			 | 
        that is subsequently filed, and the county court shall transfer  | 
      
      
        | 
           
			 | 
        those contested matters to the district court.  If a statutory  | 
      
      
        | 
           
			 | 
        probate court judge is assigned under this section to hear a  | 
      
      
        | 
           
			 | 
        contested matter in a guardianship proceeding, the statutory  | 
      
      
        | 
           
			 | 
        probate court judge shall be assigned to hear any contested matter  | 
      
      
        | 
           
			 | 
        in the proceeding that is subsequently filed. | 
      
      
        | 
           
			 | 
               (j)  The clerk of a district court to which a contested  | 
      
      
        | 
           
			 | 
        matter in a guardianship proceeding is transferred under this  | 
      
      
        | 
           
			 | 
        section may perform in relation to the transferred matter any  | 
      
      
        | 
           
			 | 
        function a county clerk may perform with respect to that type of  | 
      
      
        | 
           
			 | 
        matter. | 
      
      
        | 
           
			 | 
               Sec. 1022.004.  JURISDICTION OF CONTESTED GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT.  (a)  In a  | 
      
      
        | 
           
			 | 
        county in which there is no statutory probate court, but in which  | 
      
      
        | 
           
			 | 
        there is a county court at law exercising original probate  | 
      
      
        | 
           
			 | 
        jurisdiction, when a matter in a guardianship proceeding is  | 
      
      
        | 
           
			 | 
        contested, the judge of the county court may, on the judge's own  | 
      
      
        | 
           
			 | 
        motion, or shall, on the motion of any party to the proceeding,  | 
      
      
        | 
           
			 | 
        transfer the contested matter to the county court at law.  In  | 
      
      
        | 
           
			 | 
        addition, the judge of the county court, on the judge's own motion  | 
      
      
        | 
           
			 | 
        or on the motion of a party to the proceeding, may transfer the  | 
      
      
        | 
           
			 | 
        entire proceeding to the county court at law. | 
      
      
        | 
           
			 | 
               (b)  A county court at law to which a proceeding is  | 
      
      
        | 
           
			 | 
        transferred under this section may hear the proceeding as if  | 
      
      
        | 
           
			 | 
        originally filed in that court.  If only a contested matter in the  | 
      
      
        | 
           
			 | 
        proceeding is transferred, on the resolution of the matter, the  | 
      
      
        | 
           
			 | 
        matter shall be returned to the county court for further  | 
      
      
        | 
           
			 | 
        proceedings not inconsistent with the orders of the county court at  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               Sec. 1022.005.  EXCLUSIVE JURISDICTION OF GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a  | 
      
      
        | 
           
			 | 
        county in which there is a statutory probate court, the statutory  | 
      
      
        | 
           
			 | 
        probate court has exclusive jurisdiction of all guardianship  | 
      
      
        | 
           
			 | 
        proceedings, regardless of whether contested or uncontested. | 
      
      
        | 
           
			 | 
               (b)  A cause of action related to a guardianship proceeding  | 
      
      
        | 
           
			 | 
        of which the statutory probate court has exclusive jurisdiction as  | 
      
      
        | 
           
			 | 
        provided by Subsection (a) must be brought in the statutory probate  | 
      
      
        | 
           
			 | 
        court unless the jurisdiction of the statutory probate court is  | 
      
      
        | 
           
			 | 
        concurrent with the jurisdiction of a district court as provided by  | 
      
      
        | 
           
			 | 
        Section 1022.006 or with the jurisdiction of any other court. | 
      
      
        | 
           
			 | 
               Sec. 1022.006.  CONCURRENT JURISDICTION WITH DISTRICT  | 
      
      
        | 
           
			 | 
        COURT.  A statutory probate court has concurrent jurisdiction with  | 
      
      
        | 
           
			 | 
        the district court in: | 
      
      
        | 
           
			 | 
                     (1)  a personal injury, survival, or wrongful death  | 
      
      
        | 
           
			 | 
        action by or against a person in the person's capacity as a  | 
      
      
        | 
           
			 | 
        guardian; and | 
      
      
        | 
           
			 | 
                     (2)  an action involving a guardian in which each other  | 
      
      
        | 
           
			 | 
        party aligned with the guardian is not an interested person in the  | 
      
      
        | 
           
			 | 
        guardianship. | 
      
      
        | 
           
			 | 
               Sec. 1022.007.  TRANSFER OF PROCEEDING BY STATUTORY PROBATE  | 
      
      
        | 
           
			 | 
        COURT.  (a)  A judge of a statutory probate court, on the motion of  | 
      
      
        | 
           
			 | 
        a party to the action or of a person interested in the guardianship,  | 
      
      
        | 
           
			 | 
        may: | 
      
      
        | 
           
			 | 
                     (1)  transfer to the judge's court from a district,  | 
      
      
        | 
           
			 | 
        county, or statutory court a cause of action that is a matter  | 
      
      
        | 
           
			 | 
        related to a guardianship proceeding pending in the statutory  | 
      
      
        | 
           
			 | 
        probate court, including a cause of action that is a matter related  | 
      
      
        | 
           
			 | 
        to a guardianship proceeding pending in the statutory probate court  | 
      
      
        | 
           
			 | 
        and in which the guardian, ward, or proposed ward in the pending  | 
      
      
        | 
           
			 | 
        guardianship proceeding is a party; and | 
      
      
        | 
           
			 | 
                     (2)  consolidate the transferred cause of action with  | 
      
      
        | 
           
			 | 
        the guardianship proceeding to which it relates and any other  | 
      
      
        | 
           
			 | 
        proceedings in the statutory probate court that are related to the  | 
      
      
        | 
           
			 | 
        guardianship proceeding. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other provision of this title, the  | 
      
      
        | 
           
			 | 
        proper venue for an action by or against a guardian, ward, or  | 
      
      
        | 
           
			 | 
        proposed ward for personal injury, death, or property damages is  | 
      
      
        | 
           
			 | 
        determined under Section 15.007, Civil Practice and Remedies Code. | 
      
      
        | 
           
			 | 
               Sec. 1022.008.  TRANSFER OF CONTESTED GUARDIANSHIP OF THE  | 
      
      
        | 
           
			 | 
        PERSON OF A MINOR.  (a)  If an interested person contests an  | 
      
      
        | 
           
			 | 
        application for the appointment of a guardian of the person of a  | 
      
      
        | 
           
			 | 
        minor or an interested person seeks the removal of a guardian of the  | 
      
      
        | 
           
			 | 
        person of a minor, the judge, on the judge's own motion, may  | 
      
      
        | 
           
			 | 
        transfer all matters related to the guardianship proceeding to a  | 
      
      
        | 
           
			 | 
        court of competent jurisdiction in which a suit affecting the  | 
      
      
        | 
           
			 | 
        parent-child relationship under the Family Code is pending. | 
      
      
        | 
           
			 | 
        CHAPTER 1023. VENUE | 
      
      
        | 
           
			 | 
               Sec. 1023.002.  CONCURRENT VENUE AND TRANSFER FOR WANT OF  | 
      
      
        | 
           
			 | 
        VENUE.  (a)  If two or more courts have concurrent venue of a  | 
      
      
        | 
           
			 | 
        guardianship proceeding, the court in which an application for a  | 
      
      
        | 
           
			 | 
        guardianship proceeding is initially filed has and retains  | 
      
      
        | 
           
			 | 
        jurisdiction of the proceeding.  A proceeding is considered  | 
      
      
        | 
           
			 | 
        commenced by the filing of an application alleging facts sufficient  | 
      
      
        | 
           
			 | 
        to confer venue, and the proceeding initially legally commenced  | 
      
      
        | 
           
			 | 
        extends to all of the property of the guardianship estate. | 
      
      
        | 
           
			 | 
               Sec. 1023.003.  APPLICATION FOR TRANSFER OF GUARDIANSHIP TO  | 
      
      
        | 
           
			 | 
        ANOTHER COUNTY.  When a guardian or any other person desires to  | 
      
      
        | 
           
			 | 
        transfer the transaction of the business of the guardianship from  | 
      
      
        | 
           
			 | 
        one county to another, the person shall file a written application  | 
      
      
        | 
           
			 | 
        in the court in which the guardianship is pending stating the reason  | 
      
      
        | 
           
			 | 
        for the transfer. | 
      
      
        | 
           
			 | 
               Sec. 1023.004.  NOTICE.  (a)  On filing an application to  | 
      
      
        | 
           
			 | 
        transfer a guardianship to another county, the sureties on the bond  | 
      
      
        | 
           
			 | 
        of the guardian shall be cited by personal service to appear and  | 
      
      
        | 
           
			 | 
        show cause why the application should not be granted. | 
      
      
        | 
           
			 | 
               Sec. 1023.005.  COURT ACTION.  (a)  On hearing an  | 
      
      
        | 
           
			 | 
        application under Section 1023.003, if good cause is not shown to  | 
      
      
        | 
           
			 | 
        deny the application and it appears that transfer of the  | 
      
      
        | 
           
			 | 
        guardianship is in the best interests of the ward, the court shall  | 
      
      
        | 
           
			 | 
        enter an order authorizing the transfer on payment on behalf of the  | 
      
      
        | 
           
			 | 
        estate of all accrued costs. | 
      
      
        | 
           
			 | 
               (b)  In an order entered under Subsection (a), the court  | 
      
      
        | 
           
			 | 
        shall require the guardian, not later than the 20th day after the  | 
      
      
        | 
           
			 | 
        date the order is entered, to: | 
      
      
        | 
           
			 | 
                     (1)  give a new bond payable to the judge of the court  | 
      
      
        | 
           
			 | 
        to which the guardianship is transferred; or | 
      
      
        | 
           
			 | 
                     (2)  file a rider to an existing bond noting the court  | 
      
      
        | 
           
			 | 
        to which the guardianship is transferred. | 
      
      
        | 
           
			 | 
               Sec. 1023.006.  TRANSFER OF RECORD.  When an order of  | 
      
      
        | 
           
			 | 
        transfer is made under Section 1023.005, the clerk shall record any  | 
      
      
        | 
           
			 | 
        unrecorded papers of the guardianship required to be recorded.  On  | 
      
      
        | 
           
			 | 
        payment of the clerk's fee, the clerk shall transmit to the county  | 
      
      
        | 
           
			 | 
        clerk of the county to which the guardianship was ordered  | 
      
      
        | 
           
			 | 
        transferred: | 
      
      
        | 
           
			 | 
                     (1)  the case file of the guardianship proceedings; and | 
      
      
        | 
           
			 | 
                     (2)  a certified copy of the index of the guardianship  | 
      
      
        | 
           
			 | 
        records. | 
      
      
        | 
           
			 | 
               Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring  | 
      
      
        | 
           
			 | 
        a guardianship does not take effect until: | 
      
      
        | 
           
			 | 
                     (1)  the case file and a certified copy of the index  | 
      
      
        | 
           
			 | 
        required by Section 1023.006 are filed in the office of the county  | 
      
      
        | 
           
			 | 
        clerk of the county to which the guardianship was ordered  | 
      
      
        | 
           
			 | 
        transferred; and | 
      
      
        | 
           
			 | 
                     (2)  a certificate under the clerk's official seal and  | 
      
      
        | 
           
			 | 
        reporting the filing of the case file and a certified copy of the  | 
      
      
        | 
           
			 | 
        index is filed in the court ordering the transfer by the county  | 
      
      
        | 
           
			 | 
        clerk of the county to which the guardianship was ordered  | 
      
      
        | 
           
			 | 
        transferred. | 
      
      
        | 
           
			 | 
               Sec. 1023.008.  CONTINUATION OF GUARDIANSHIP.  When a  | 
      
      
        | 
           
			 | 
        guardianship is transferred from one county to another in  | 
      
      
        | 
           
			 | 
        accordance with this chapter, the guardianship proceeds in the  | 
      
      
        | 
           
			 | 
        court to which it was transferred as if it had been originally  | 
      
      
        | 
           
			 | 
        commenced in that court.  It is not necessary to record in the  | 
      
      
        | 
           
			 | 
        receiving court any of the papers in the case that were recorded in  | 
      
      
        | 
           
			 | 
        the court from which the case was transferred. | 
      
      
        | 
           
			 | 
               Sec. 1023.009.  NEW GUARDIAN APPOINTED ON TRANSFER.  If it  | 
      
      
        | 
           
			 | 
        appears to the court that transfer of the guardianship is in the  | 
      
      
        | 
           
			 | 
        best interests of the ward, but that because of the transfer it is  | 
      
      
        | 
           
			 | 
        not in the best interests of the ward for the guardian of the estate  | 
      
      
        | 
           
			 | 
        to continue to serve in that capacity, the court may in its order of  | 
      
      
        | 
           
			 | 
        transfer revoke the letters of guardianship and appoint a new  | 
      
      
        | 
           
			 | 
        guardian, and the former guardian shall account for and deliver the  | 
      
      
        | 
           
			 | 
        estate as provided by this title in a case in which a guardian  | 
      
      
        | 
           
			 | 
        resigns. | 
      
      
        | 
           
			 | 
               Sec. 1023.010.  REVIEW OF TRANSFERRED GUARDIANSHIP.  Not  | 
      
      
        | 
           
			 | 
        later than the 90th day after the date the transfer of the  | 
      
      
        | 
           
			 | 
        guardianship takes effect under Section 1023.007, the court to  | 
      
      
        | 
           
			 | 
        which the guardianship was transferred shall hold a hearing to  | 
      
      
        | 
           
			 | 
        consider modifying the rights, duties, and powers of the guardian  | 
      
      
        | 
           
			 | 
        or any other provisions of the transferred guardianship. | 
      
      
        | 
           
			 | 
               (b)  Subsections (b) and (c), Section 609, Texas Probate  | 
      
      
        | 
           
			 | 
        Code, are transferred to Chapter 1022, Estates Code, as added by  | 
      
      
        | 
           
			 | 
        Subsection (a) of this section, and redesignated as Subsections (b)  | 
      
      
        | 
           
			 | 
        and (c), Section 1022.008, Estates Code. | 
      
      
        | 
           
			 | 
               (c)  Section 610, Texas Probate Code, is transferred to  | 
      
      
        | 
           
			 | 
        Chapter 1023, Estates Code, as added by Subsection (a) of this  | 
      
      
        | 
           
			 | 
        section, and redesignated as Section 1023.001, Estates Code. | 
      
      
        | 
           
			 | 
               (d)  Subsections (b), (c), and (d), Section 611, Texas  | 
      
      
        | 
           
			 | 
        Probate Code, are transferred to Chapter 1023, Estates Code, as  | 
      
      
        | 
           
			 | 
        added by Subsection (a) of this section, and redesignated as  | 
      
      
        | 
           
			 | 
        Subsections (b), (c), and (d), Section 1023.002, Estates Code. | 
      
      
        | 
           
			 | 
               (e)  Subsection (b), Section 613, Texas Probate Code, is  | 
      
      
        | 
           
			 | 
        transferred to Chapter 1023, Estates Code, as added by Subsection  | 
      
      
        | 
           
			 | 
        (a) of this section, and redesignated as Subsection (b), Section  | 
      
      
        | 
           
			 | 
        1023.004, Estates Code. | 
      
      
        | 
           
			 | 
               SECTION 6.016.  Section 1051.001, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 13, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL.   | 
      
      
        | 
           
			 | 
        (a)  Except as provided by Subsection (b), a person is not required  | 
      
      
        | 
           
			 | 
        to be cited or otherwise given notice in a guardianship proceeding  | 
      
      
        | 
           
			 | 
        [matter] except in a situation in which this title expressly  | 
      
      
        | 
           
			 | 
        provides for citation or the giving of notice. | 
      
      
        | 
           
			 | 
               (b)  If this title does not expressly provide for citation or  | 
      
      
        | 
           
			 | 
        the issuance or return of notice in a guardianship proceeding  | 
      
      
        | 
           
			 | 
        [matter], the court may require that notice be given.  A court that  | 
      
      
        | 
           
			 | 
        requires that notice be given shall prescribe the form and manner of  | 
      
      
        | 
           
			 | 
        service of the notice and the return of service. | 
      
      
        | 
           
			 | 
               (c)  Unless a court order is required by this title, the  | 
      
      
        | 
           
			 | 
        county clerk without a court order shall issue: | 
      
      
        | 
           
			 | 
                     (1)  necessary citations, writs, and other process in a  | 
      
      
        | 
           
			 | 
        guardianship proceeding [matter]; and | 
      
      
        | 
           
			 | 
                     (2)  all notices not required to be issued by a  | 
      
      
        | 
           
			 | 
        guardian. | 
      
      
        | 
           
			 | 
               SECTION 6.017.  Section 1051.102, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 6, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by  | 
      
      
        | 
           
			 | 
        adding Subsection (d) to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The citation must contain a clear and conspicuous  | 
      
      
        | 
           
			 | 
        statement informing those interested persons of the right provided  | 
      
      
        | 
           
			 | 
        under Section 1051.252 to be notified of any or all motions,  | 
      
      
        | 
           
			 | 
        applications, or pleadings relating to the application for the  | 
      
      
        | 
           
			 | 
        guardianship or any subsequent guardianship proceeding involving  | 
      
      
        | 
           
			 | 
        the ward after the guardianship is created, if any. | 
      
      
        | 
           
			 | 
               SECTION 6.018.  Section 1051.103, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 6, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR  | 
      
      
        | 
           
			 | 
        GUARDIANSHIP.  (a)  The sheriff or other officer shall personally  | 
      
      
        | 
           
			 | 
        serve citation to appear and answer an application for guardianship  | 
      
      
        | 
           
			 | 
        on: | 
      
      
        | 
           
			 | 
                     (1)  a proposed ward who is 12 years of age or older; | 
      
      
        | 
           
			 | 
                     (2)  the proposed ward's parents, if the whereabouts of  | 
      
      
        | 
           
			 | 
        the parents are known or can be reasonably ascertained; | 
      
      
        | 
           
			 | 
                     (3)  any court-appointed conservator or person having  | 
      
      
        | 
           
			 | 
        control of the care and welfare of the proposed ward; | 
      
      
        | 
           
			 | 
                     (4)  the proposed ward's spouse, if the whereabouts of  | 
      
      
        | 
           
			 | 
        the spouse are known or can be reasonably ascertained; and | 
      
      
        | 
           
			 | 
                     (5)  the person named in the application to be  | 
      
      
        | 
           
			 | 
        appointed guardian, if that person is not the applicant. | 
      
      
        | 
           
			 | 
               (b)  A citation served as provided by Subsection (a) must  | 
      
      
        | 
           
			 | 
        contain the statement regarding the right under Section 1051.252  | 
      
      
        | 
           
			 | 
        that is required in the citation issued under Section 1051.102. | 
      
      
        | 
           
			 | 
               SECTION 6.019.  Section 1051.104(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 6,  | 
      
      
        | 
           
			 | 
        Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The person filing an application for guardianship shall  | 
      
      
        | 
           
			 | 
        mail a copy of the application and a notice containing the  | 
      
      
        | 
           
			 | 
        information required in the citation issued under Section 1051.102  | 
      
      
        | 
           
			 | 
        by registered or certified mail, return receipt requested, or by  | 
      
      
        | 
           
			 | 
        any other form of mail that provides proof of delivery, to the  | 
      
      
        | 
           
			 | 
        following persons, if their whereabouts are known or can be  | 
      
      
        | 
           
			 | 
        reasonably ascertained: | 
      
      
        | 
           
			 | 
                     (1)  each adult child of the proposed ward; | 
      
      
        | 
           
			 | 
                     (2)  each adult sibling of the proposed ward; | 
      
      
        | 
           
			 | 
                     (3)  the administrator of a nursing home facility or  | 
      
      
        | 
           
			 | 
        similar facility in which the proposed ward resides; | 
      
      
        | 
           
			 | 
                     (4)  the operator of a residential facility in which  | 
      
      
        | 
           
			 | 
        the proposed ward resides; | 
      
      
        | 
           
			 | 
                     (5)  a person whom the applicant knows to hold a power  | 
      
      
        | 
           
			 | 
        of attorney signed by the proposed ward; | 
      
      
        | 
           
			 | 
                     (6)  a person designated to serve as guardian of the  | 
      
      
        | 
           
			 | 
        proposed ward by a written declaration under Subchapter E, Chapter  | 
      
      
        | 
           
			 | 
        1104, if the applicant knows of the existence of the declaration; | 
      
      
        | 
           
			 | 
                     (7)  a person designated to serve as guardian of the  | 
      
      
        | 
           
			 | 
        proposed ward in the probated will of the last surviving parent of  | 
      
      
        | 
           
			 | 
        the proposed ward; | 
      
      
        | 
           
			 | 
                     (8)  a person designated to serve as guardian of the  | 
      
      
        | 
           
			 | 
        proposed ward by a written declaration of the proposed ward's last  | 
      
      
        | 
           
			 | 
        surviving parent, if the declarant is deceased and the applicant  | 
      
      
        | 
           
			 | 
        knows of the existence of the declaration; and | 
      
      
        | 
           
			 | 
                     (9)  each person named as another relative within the  | 
      
      
        | 
           
			 | 
        third degree by consanguinity [next of kin] in the application as  | 
      
      
        | 
           
			 | 
        required by Section 1101.001(b)(11) or (13) if the proposed ward's  | 
      
      
        | 
           
			 | 
        spouse and each of the proposed ward's parents, adult siblings, and  | 
      
      
        | 
           
			 | 
        adult children are deceased or there is no spouse, parent, adult  | 
      
      
        | 
           
			 | 
        sibling, or adult child. | 
      
      
        | 
           
			 | 
               SECTION 6.020.  Section 1051.152(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 13,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A citation or notice in a guardianship proceeding  | 
      
      
        | 
           
			 | 
        [matter] that is required to be served by posting and is issued in  | 
      
      
        | 
           
			 | 
        conformity with this title, and the service of and return of the  | 
      
      
        | 
           
			 | 
        citation or notice, is valid if: | 
      
      
        | 
           
			 | 
                     (1)  a sheriff or constable posts a copy of the citation  | 
      
      
        | 
           
			 | 
        or notice at the location or locations prescribed by this title; and | 
      
      
        | 
           
			 | 
                     (2)  the posting occurs on a day preceding the return  | 
      
      
        | 
           
			 | 
        day of service specified in the citation or notice that provides  | 
      
      
        | 
           
			 | 
        sufficient time for the period the citation or notice must be posted  | 
      
      
        | 
           
			 | 
        to expire before the specified return day. | 
      
      
        | 
           
			 | 
               SECTION 6.021.  The heading to Section 1051.253, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to conform to Chapter  | 
      
      
        | 
           
			 | 
        1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO  | 
      
      
        | 
           
			 | 
        TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS [MATTERS]. | 
      
      
        | 
           
			 | 
               SECTION 6.022.  Section 1052.051(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 8,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  An application for a guardianship proceeding or a [,]  | 
      
      
        | 
           
			 | 
        complaint, petition, or other paper permitted or required by law to  | 
      
      
        | 
           
			 | 
        be filed with a court in a guardianship proceeding [matter] must be  | 
      
      
        | 
           
			 | 
        filed with the county clerk of the appropriate county. | 
      
      
        | 
           
			 | 
               SECTION 6.023.  Section 1053.051, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 9, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS.  A law  | 
      
      
        | 
           
			 | 
        regulating costs in ordinary civil cases applies to a guardianship  | 
      
      
        | 
           
			 | 
        proceeding [matter] unless otherwise expressly provided by this  | 
      
      
        | 
           
			 | 
        title. | 
      
      
        | 
           
			 | 
               SECTION 6.024.  Section 1053.052(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 9,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The clerk may require a person who files an application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition relating to a guardianship proceeding  | 
      
      
        | 
           
			 | 
        [matter], other than a guardian, attorney ad litem, or guardian ad  | 
      
      
        | 
           
			 | 
        litem, to provide security for the probable costs of the  | 
      
      
        | 
           
			 | 
        [guardianship] proceeding before filing the application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition. | 
      
      
        | 
           
			 | 
               SECTION 6.025.  The heading to Subchapter C, Chapter 1053,  | 
      
      
        | 
           
			 | 
        Estates Code, as effective January 1, 2014, is amended to conform to  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  PROCEDURES FOR GUARDIANSHIP PROCEEDINGS [MATTERS] | 
      
      
        | 
           
			 | 
               SECTION 6.026.  Section 1053.101, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 10, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1053.101.  CALLING OF DOCKETS.  The judge in whose court  | 
      
      
        | 
           
			 | 
        a guardianship proceeding is pending, as determined by the judge,  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  call guardianship proceedings [matters] in the  | 
      
      
        | 
           
			 | 
        proceedings' [matters'] regular order on both the guardianship and  | 
      
      
        | 
           
			 | 
        claim dockets; and | 
      
      
        | 
           
			 | 
                     (2)  issue necessary orders. | 
      
      
        | 
           
			 | 
               SECTION 6.027.  Section 1053.102, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 11, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK.   | 
      
      
        | 
           
			 | 
        (a)  If a judge is unable to designate the time and place for  | 
      
      
        | 
           
			 | 
        hearing a guardianship proceeding [matter] pending in the judge's  | 
      
      
        | 
           
			 | 
        court because the judge is absent from the county seat or is on  | 
      
      
        | 
           
			 | 
        vacation, disqualified, ill, or deceased, the county clerk of the  | 
      
      
        | 
           
			 | 
        county in which the proceeding [matter] is pending may: | 
      
      
        | 
           
			 | 
                     (1)  designate the time and place for hearing; | 
      
      
        | 
           
			 | 
                     (2)  enter the setting on the judge's docket; and | 
      
      
        | 
           
			 | 
                     (3)  certify on the docket the reason that the judge is  | 
      
      
        | 
           
			 | 
        not acting to set the hearing. | 
      
      
        | 
           
			 | 
               (b)  If, after the perfection of the service of notices and  | 
      
      
        | 
           
			 | 
        citations required by law concerning the time and place of hearing,  | 
      
      
        | 
           
			 | 
        a qualified judge is not present for a hearing set under Subsection  | 
      
      
        | 
           
			 | 
        (a), the hearing is automatically continued from day to day until a  | 
      
      
        | 
           
			 | 
        qualified judge is present to hear and make a determination in the  | 
      
      
        | 
           
			 | 
        proceeding [determine the matter]. | 
      
      
        | 
           
			 | 
               SECTION 6.028.  Section 1053.103, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 16, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND  | 
      
      
        | 
           
			 | 
        JUDGMENTS.  The court shall render a decision, order, decree, or  | 
      
      
        | 
           
			 | 
        judgment in a guardianship proceeding [matter] in open court,  | 
      
      
        | 
           
			 | 
        except as otherwise expressly provided. | 
      
      
        | 
           
			 | 
               SECTION 6.029.  Section 1054.002, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 15, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1054.002.  TERM OF APPOINTMENT.  (a)  Unless the court  | 
      
      
        | 
           
			 | 
        determines that the continued appointment of an attorney ad litem  | 
      
      
        | 
           
			 | 
        appointed under Section 1054.001 is in the ward's best interests,  | 
      
      
        | 
           
			 | 
        the attorney's term of appointment expires, without a court order,  | 
      
      
        | 
           
			 | 
        on the date the court: | 
      
      
        | 
           
			 | 
                     (1)  appoints a guardian in accordance with Subchapter  | 
      
      
        | 
           
			 | 
        D, Chapter 1101; | 
      
      
        | 
           
			 | 
                     (2)  appoints a successor guardian; or | 
      
      
        | 
           
			 | 
                     (3) [(2)]  denies the application for appointment of a  | 
      
      
        | 
           
			 | 
        guardian. | 
      
      
        | 
           
			 | 
               (b)  The term of appointment of an attorney ad litem  | 
      
      
        | 
           
			 | 
        appointed under Section 1054.001 continues after the court appoints  | 
      
      
        | 
           
			 | 
        a temporary guardian under Chapter 1251 unless a court order  | 
      
      
        | 
           
			 | 
        provides for the termination or expiration of the attorney ad  | 
      
      
        | 
           
			 | 
        litem's appointment. | 
      
      
        | 
           
			 | 
               SECTION 6.030.  Subchapter A, Chapter 1054, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 7,  | 
      
      
        | 
           
			 | 
        Chapter 599 (S.B. 220), and Chapter 1085 (S.B. 1196), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, by adding Section 1054.006  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1054.006.  REPRESENTATION OF WARD OR PROPOSED WARD BY  | 
      
      
        | 
           
			 | 
        ATTORNEY.  (a)  The following persons may at any time retain an  | 
      
      
        | 
           
			 | 
        attorney who holds a certificate required by Subchapter E to  | 
      
      
        | 
           
			 | 
        represent the person's interests in a guardianship proceeding  | 
      
      
        | 
           
			 | 
        instead of having those interests represented by an attorney ad  | 
      
      
        | 
           
			 | 
        litem appointed under Section 1054.001 or another provision of this  | 
      
      
        | 
           
			 | 
        title: | 
      
      
        | 
           
			 | 
                     (1)  a ward who retains the power to enter into a  | 
      
      
        | 
           
			 | 
        contract under the terms of the guardianship, subject to Section  | 
      
      
        | 
           
			 | 
        1202.103; and | 
      
      
        | 
           
			 | 
                     (2)  a proposed ward for purposes of a proceeding for  | 
      
      
        | 
           
			 | 
        the appointment of a guardian as long as the proposed ward has  | 
      
      
        | 
           
			 | 
        capacity to contract. | 
      
      
        | 
           
			 | 
               (b)  If the court finds that the ward or the proposed ward has  | 
      
      
        | 
           
			 | 
        capacity to contract, the court may remove an attorney ad litem  | 
      
      
        | 
           
			 | 
        appointed under Section 1054.001 or any other provision of this  | 
      
      
        | 
           
			 | 
        title that requires the court to appoint an attorney ad litem to  | 
      
      
        | 
           
			 | 
        represent the interests of a ward or proposed ward and appoint a  | 
      
      
        | 
           
			 | 
        ward or a proposed ward's retained counsel. | 
      
      
        | 
           
			 | 
               SECTION 6.031.  Section 1055.002, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 14, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1055.002.  DEFECT IN PLEADING.  A court may not  | 
      
      
        | 
           
			 | 
        invalidate a pleading in a guardianship proceeding [matter], or an  | 
      
      
        | 
           
			 | 
        order based on the pleading, on the basis of a defect of form or  | 
      
      
        | 
           
			 | 
        substance in the pleading unless a timely objection has been made  | 
      
      
        | 
           
			 | 
        against the defect and the defect has been called to the attention  | 
      
      
        | 
           
			 | 
        of the court in which the proceeding was or is pending. | 
      
      
        | 
           
			 | 
               SECTION 6.032.  Subchapter B, Chapter 1055, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 17 and  | 
      
      
        | 
           
			 | 
        other provisions of Chapter 1085 (S.B. 1196), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, by adding Section 1055.053 to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1055.053.  LOCATION OF HEARING.  (a)  Except as  | 
      
      
        | 
           
			 | 
        provided by Subsection (b), the judge may hold a hearing on a  | 
      
      
        | 
           
			 | 
        guardianship proceeding involving an adult ward or adult proposed  | 
      
      
        | 
           
			 | 
        ward at any suitable location in the county in which the  | 
      
      
        | 
           
			 | 
        guardianship proceeding is pending.  The hearing should be held in a  | 
      
      
        | 
           
			 | 
        physical setting that is not likely to have a harmful effect on the  | 
      
      
        | 
           
			 | 
        ward or proposed ward. | 
      
      
        | 
           
			 | 
               (b)  On the request of the adult proposed ward, the adult  | 
      
      
        | 
           
			 | 
        ward, or the attorney of the proposed ward or ward, the hearing may  | 
      
      
        | 
           
			 | 
        not be held under the authority of this section at a place other  | 
      
      
        | 
           
			 | 
        than the courthouse. | 
      
      
        | 
           
			 | 
               SECTION 6.033.  The heading to Section 1056.001, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to conform to Chapter  | 
      
      
        | 
           
			 | 
        1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP PROCEEDINGS  | 
      
      
        | 
           
			 | 
        [MATTERS].   | 
      
      
        | 
           
			 | 
               SECTION 6.034.  Sections 1056.001(a) and (b), Estates Code,  | 
      
      
        | 
           
			 | 
        as effective January 1, 2014, are amended to conform to Section 18,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  An execution in a guardianship proceeding [matter] must  | 
      
      
        | 
           
			 | 
        be: | 
      
      
        | 
           
			 | 
                     (1)  directed "to any sheriff or any constable within  | 
      
      
        | 
           
			 | 
        the State of Texas"; | 
      
      
        | 
           
			 | 
                     (2)  attested and signed by the clerk officially under  | 
      
      
        | 
           
			 | 
        court seal; and | 
      
      
        | 
           
			 | 
                     (3)  made returnable in 60 days. | 
      
      
        | 
           
			 | 
               (b)  A proceeding under an execution in a guardianship  | 
      
      
        | 
           
			 | 
        proceeding [matter] is governed, to the extent applicable, by the  | 
      
      
        | 
           
			 | 
        laws regulating a proceeding under an execution issued by a  | 
      
      
        | 
           
			 | 
        district court. | 
      
      
        | 
           
			 | 
               SECTION 6.035.  Section 1101.001(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 9,  | 
      
      
        | 
           
			 | 
        Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The application must be sworn to by the applicant and  | 
      
      
        | 
           
			 | 
        state: | 
      
      
        | 
           
			 | 
                     (1)  the proposed ward's name, sex, date of birth, and  | 
      
      
        | 
           
			 | 
        address; | 
      
      
        | 
           
			 | 
                     (2)  the name, relationship, and address of the person  | 
      
      
        | 
           
			 | 
        the applicant seeks to have appointed as guardian; | 
      
      
        | 
           
			 | 
                     (3)  whether guardianship of the person or estate, or  | 
      
      
        | 
           
			 | 
        both, is sought; | 
      
      
        | 
           
			 | 
                     (4)  the nature and degree of the alleged incapacity,  | 
      
      
        | 
           
			 | 
        the specific areas of protection and assistance requested, and the  | 
      
      
        | 
           
			 | 
        limitation or termination of rights requested to be included in the  | 
      
      
        | 
           
			 | 
        court's order of appointment, including a termination of: | 
      
      
        | 
           
			 | 
                           (A)  the right of a proposed ward who is 18 years  | 
      
      
        | 
           
			 | 
        of age or older to vote in a public election; and | 
      
      
        | 
           
			 | 
                           (B)  the proposed ward's eligibility to hold or  | 
      
      
        | 
           
			 | 
        obtain a license to operate a motor vehicle under Chapter 521,  | 
      
      
        | 
           
			 | 
        Transportation Code; | 
      
      
        | 
           
			 | 
                     (5)  the facts requiring the appointment of a guardian; | 
      
      
        | 
           
			 | 
                     (6)  the interest of the applicant in the appointment  | 
      
      
        | 
           
			 | 
        of a guardian; | 
      
      
        | 
           
			 | 
                     (7)  the nature and description of any kind of  | 
      
      
        | 
           
			 | 
        guardianship existing for the proposed ward in any other state; | 
      
      
        | 
           
			 | 
                     (8)  the name and address of any person or institution  | 
      
      
        | 
           
			 | 
        having the care and custody of the proposed ward; | 
      
      
        | 
           
			 | 
                     (9)  the approximate value and description of the  | 
      
      
        | 
           
			 | 
        proposed ward's property, including any compensation, pension,  | 
      
      
        | 
           
			 | 
        insurance, or allowance to which the proposed ward may be entitled; | 
      
      
        | 
           
			 | 
                     (10)  the name and address of any person whom the  | 
      
      
        | 
           
			 | 
        applicant knows to hold a power of attorney signed by the proposed  | 
      
      
        | 
           
			 | 
        ward and a description of the type of power of attorney; | 
      
      
        | 
           
			 | 
                     (11)  for a proposed ward who is a minor, the following  | 
      
      
        | 
           
			 | 
        information if known by the applicant: | 
      
      
        | 
           
			 | 
                           (A)  the name of each of the proposed ward's  | 
      
      
        | 
           
			 | 
        parents and either the parent's address or that the parent is  | 
      
      
        | 
           
			 | 
        deceased; | 
      
      
        | 
           
			 | 
                           (B)  the name and age of each of the proposed  | 
      
      
        | 
           
			 | 
        ward's siblings, if any, and either the sibling's address or that  | 
      
      
        | 
           
			 | 
        the sibling is deceased; and | 
      
      
        | 
           
			 | 
                           (C)  if each of the proposed ward's parents and  | 
      
      
        | 
           
			 | 
        adult siblings are deceased, the names and addresses of the  | 
      
      
        | 
           
			 | 
        proposed ward's other living relatives who are related to the  | 
      
      
        | 
           
			 | 
        proposed ward within the third degree by consanguinity and [next of 
         | 
      
      
        | 
           
			 | 
        
          kin] who are adults; | 
      
      
        | 
           
			 | 
                     (12)  for a proposed ward who is a minor, whether the  | 
      
      
        | 
           
			 | 
        minor was the subject of a legal or conservatorship proceeding in  | 
      
      
        | 
           
			 | 
        the preceding two years and, if so: | 
      
      
        | 
           
			 | 
                           (A)  the court involved; | 
      
      
        | 
           
			 | 
                           (B)  the nature of the proceeding; and | 
      
      
        | 
           
			 | 
                           (C)  any final disposition of the proceeding; | 
      
      
        | 
           
			 | 
                     (13)  for a proposed ward who is an adult, the following  | 
      
      
        | 
           
			 | 
        information if known by the applicant: | 
      
      
        | 
           
			 | 
                           (A)  the name of the proposed ward's spouse, if  | 
      
      
        | 
           
			 | 
        any, and either the spouse's address or that the spouse is deceased; | 
      
      
        | 
           
			 | 
                           (B)  the name of each of the proposed ward's  | 
      
      
        | 
           
			 | 
        parents and either the parent's address or that the parent is  | 
      
      
        | 
           
			 | 
        deceased; | 
      
      
        | 
           
			 | 
                           (C)  the name and age of each of the proposed  | 
      
      
        | 
           
			 | 
        ward's siblings, if any, and either the sibling's address or that  | 
      
      
        | 
           
			 | 
        the sibling is deceased; | 
      
      
        | 
           
			 | 
                           (D)  the name and age of each of the proposed  | 
      
      
        | 
           
			 | 
        ward's children, if any, and either the child's address or that the  | 
      
      
        | 
           
			 | 
        child is deceased; and | 
      
      
        | 
           
			 | 
                           (E)  if there is no living spouse, parent, adult  | 
      
      
        | 
           
			 | 
        sibling, or adult child of the proposed ward, the names and  | 
      
      
        | 
           
			 | 
        addresses of the proposed ward's other living relatives who are  | 
      
      
        | 
           
			 | 
        related to the proposed ward within the third degree by  | 
      
      
        | 
           
			 | 
        consanguinity and [next of kin] who are adults; | 
      
      
        | 
           
			 | 
                     (14)  facts showing that the court has venue of the  | 
      
      
        | 
           
			 | 
        proceeding; and | 
      
      
        | 
           
			 | 
                     (15)  if applicable, that the person whom the applicant  | 
      
      
        | 
           
			 | 
        seeks to have appointed as a guardian is a private professional  | 
      
      
        | 
           
			 | 
        guardian who is certified under Subchapter C, Chapter 111,  | 
      
      
        | 
           
			 | 
        Government Code, and has complied with the requirements of  | 
      
      
        | 
           
			 | 
        Subchapter G, Chapter 1104. | 
      
      
        | 
           
			 | 
               SECTION 6.036.  Section 1101.104, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 22, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING  | 
      
      
        | 
           
			 | 
        MENTAL RETARDATION.  If mental retardation is the basis of the  | 
      
      
        | 
           
			 | 
        proposed ward's alleged incapacity, the court may not grant an  | 
      
      
        | 
           
			 | 
        application to create a guardianship for the proposed ward unless  | 
      
      
        | 
           
			 | 
        the applicant presents to the court a written letter or certificate  | 
      
      
        | 
           
			 | 
        that: | 
      
      
        | 
           
			 | 
                     (1)  [a written letter or certificate that:
         | 
      
      
        | 
           
			 | 
                           [(A)]  complies with Sections 1101.103(a) and  | 
      
      
        | 
           
			 | 
        (b); [and
         | 
      
      
        | 
           
			 | 
                           [(B)
           
           
          states that the physician has made a 
         | 
      
      
        | 
           
			 | 
        
          determination of mental retardation in accordance with Section 
         | 
      
      
        | 
           
			 | 
        
          593.005, Health and Safety Code;] or | 
      
      
        | 
           
			 | 
                     (2)  shows that [both]: | 
      
      
        | 
           
			 | 
                           (A)  [written documentation showing that,] not  | 
      
      
        | 
           
			 | 
        earlier than 24 months before the hearing date, the proposed ward  | 
      
      
        | 
           
			 | 
        has been examined by a physician or psychologist licensed in this  | 
      
      
        | 
           
			 | 
        state or certified by the Department of Aging and Disability  | 
      
      
        | 
           
			 | 
        Services to perform the examination, in accordance with rules of  | 
      
      
        | 
           
			 | 
        the executive commissioner of the Health and Human Services  | 
      
      
        | 
           
			 | 
        Commission governing examinations of that kind; and | 
      
      
        | 
           
			 | 
                           (B)  the physician's or psychologist's written  | 
      
      
        | 
           
			 | 
        findings and recommendations to the court include[, including] a  | 
      
      
        | 
           
			 | 
        statement as to whether the physician or psychologist has made a  | 
      
      
        | 
           
			 | 
        determination of mental retardation in accordance with Section  | 
      
      
        | 
           
			 | 
        593.005, Health and Safety Code. | 
      
      
        | 
           
			 | 
               SECTION 6.037.  Section 1103.002, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 21, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN  | 
      
      
        | 
           
			 | 
        WITHOUT HEARING.  (a)  Notwithstanding any other law, if the  | 
      
      
        | 
           
			 | 
        applicant who files an application under Section 1101.001 or  | 
      
      
        | 
           
			 | 
        1103.001 is a person who was appointed conservator of a disabled  | 
      
      
        | 
           
			 | 
        child and the proceeding is a guardianship proceeding described by  | 
      
      
        | 
           
			 | 
        Section 1002.015(1) in which the proposed ward is the incapacitated  | 
      
      
        | 
           
			 | 
        adult with respect to whom another court obtained continuing,  | 
      
      
        | 
           
			 | 
        exclusive jurisdiction in a suit affecting the parent-child  | 
      
      
        | 
           
			 | 
        relationship when the person was a child [for whom a court obtains 
         | 
      
      
        | 
           
			 | 
        
          jurisdiction under Section 606(k)], the applicant may present to  | 
      
      
        | 
           
			 | 
        the court a written letter or certificate that meets the  | 
      
      
        | 
           
			 | 
        requirements of Sections 1101.103(a) and (b). | 
      
      
        | 
           
			 | 
               (b)  If, on receipt of the letter or certificate described by  | 
      
      
        | 
           
			 | 
        Subsection (a), the court is able to make the findings required by  | 
      
      
        | 
           
			 | 
        Section 1101.101, the court, notwithstanding Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        1104, shall: | 
      
      
        | 
           
			 | 
                     (1)  appoint the conservator as guardian without  | 
      
      
        | 
           
			 | 
        conducting a hearing; and | 
      
      
        | 
           
			 | 
                     (2)  to the extent possible preserve the terms of  | 
      
      
        | 
           
			 | 
        possession and access to the ward that applied before the court  | 
      
      
        | 
           
			 | 
        obtained jurisdiction of the guardianship proceeding [under 
         | 
      
      
        | 
           
			 | 
        
          Section 606(k)]. | 
      
      
        | 
           
			 | 
               SECTION 6.038.  Section 1104.254, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 10, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS.  An  | 
      
      
        | 
           
			 | 
        individual volunteering with a guardianship program or with the  | 
      
      
        | 
           
			 | 
        Department of Aging and Disability Services is not required to be  | 
      
      
        | 
           
			 | 
        certified as provided by Section 1104.251 to provide guardianship  | 
      
      
        | 
           
			 | 
        services or other services under Section 161.114, Human Resources  | 
      
      
        | 
           
			 | 
        Code, on the program's or the department's behalf. | 
      
      
        | 
           
			 | 
               SECTION 6.039.  Section 1104.352, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to more closely conform to the source  | 
      
      
        | 
           
			 | 
        law from which the section was derived to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1104.352.  UNSUITABILITY.  A person may not be  | 
      
      
        | 
           
			 | 
        appointed guardian if the person is a person, institution, or  | 
      
      
        | 
           
			 | 
        corporation found by the court [finds the person] to be unsuitable. | 
      
      
        | 
           
			 | 
               SECTION 6.040.  Section 1151.053(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 26,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A guardian of a person younger than 18 [16] years of age  | 
      
      
        | 
           
			 | 
        may voluntarily admit the ward [an incapacitated person] to a  | 
      
      
        | 
           
			 | 
        public or private inpatient psychiatric facility for care and  | 
      
      
        | 
           
			 | 
        treatment. | 
      
      
        | 
           
			 | 
               SECTION 6.041.  Section 1154.051(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 23,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Not later than the 30th day after the date the guardian  | 
      
      
        | 
           
			 | 
        of the estate qualifies, unless a longer period is granted by the  | 
      
      
        | 
           
			 | 
        court, the guardian shall file with the court clerk a single written  | 
      
      
        | 
           
			 | 
        instrument that contains a verified, full, and detailed inventory  | 
      
      
        | 
           
			 | 
        of all the ward's property that has come into the guardian's  | 
      
      
        | 
           
			 | 
        possession or of which the guardian has knowledge.  The inventory  | 
      
      
        | 
           
			 | 
        must: | 
      
      
        | 
           
			 | 
                     (1)  include: | 
      
      
        | 
           
			 | 
                           (A)  all the ward's real property located in this  | 
      
      
        | 
           
			 | 
        state; and | 
      
      
        | 
           
			 | 
                           (B)  all the ward's personal property regardless  | 
      
      
        | 
           
			 | 
        of where the property is located; and | 
      
      
        | 
           
			 | 
                     (2)  specify: | 
      
      
        | 
           
			 | 
                           (A)  which portion of the property is separate  | 
      
      
        | 
           
			 | 
        property and which is community property; and | 
      
      
        | 
           
			 | 
                           (B)  if the property is owned in common with other  | 
      
      
        | 
           
			 | 
        persons, the ward's interest in that property [and the names and 
         | 
      
      
        | 
           
			 | 
        
          relationship, if known, of the co-owners]. | 
      
      
        | 
           
			 | 
               SECTION 6.042.  Section 1154.052, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 24, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1154.052.  LIST OF CLAIMS.  The guardian of the estate  | 
      
      
        | 
           
			 | 
        shall make and attach to the inventory and appraisement required by  | 
      
      
        | 
           
			 | 
        Section 1154.051 a complete list of claims due or owing to the ward.   | 
      
      
        | 
           
			 | 
        The list of claims must state: | 
      
      
        | 
           
			 | 
                     (1)  the name and, if known, address of each person  | 
      
      
        | 
           
			 | 
        indebted to the ward; and | 
      
      
        | 
           
			 | 
                     (2)  regarding each claim: | 
      
      
        | 
           
			 | 
                           (A)  the nature of the debt, whether it is a note,  | 
      
      
        | 
           
			 | 
        bill, bond, or other written obligation, or whether it is an account  | 
      
      
        | 
           
			 | 
        or verbal contract; | 
      
      
        | 
           
			 | 
                           (B)  the date the debt was incurred; | 
      
      
        | 
           
			 | 
                           (C)  the date the debt was or is due; | 
      
      
        | 
           
			 | 
                           (D)  the amount of the claim, the rate of interest  | 
      
      
        | 
           
			 | 
        on the claim, and the period for which the claim bears interest; and | 
      
      
        | 
           
			 | 
                           (E)  if any portion of the claim is held in common  | 
      
      
        | 
           
			 | 
        with others, the interest of the estate in the claim [and the names 
         | 
      
      
        | 
           
			 | 
        
          and relationships of the other part owners]. | 
      
      
        | 
           
			 | 
               SECTION 6.043.  Section 1155.101, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 19, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL.  A  | 
      
      
        | 
           
			 | 
        guardian is entitled to reimbursement from the guardianship estate  | 
      
      
        | 
           
			 | 
        for all necessary and reasonable expenses incurred in performing  | 
      
      
        | 
           
			 | 
        any duty as a guardian, including reimbursement for the payment of  | 
      
      
        | 
           
			 | 
        reasonable attorney's fees necessarily incurred by the guardian in  | 
      
      
        | 
           
			 | 
        connection with the management of the estate  or any other  | 
      
      
        | 
           
			 | 
        [guardianship] matter in the guardianship. | 
      
      
        | 
           
			 | 
               SECTION 6.044.  The heading to Section 1155.151, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to conform to Chapter  | 
      
      
        | 
           
			 | 
        1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1155.151.  COST OF GUARDIANSHIP PROCEEDING [IN 
         | 
      
      
        | 
           
			 | 
        
          GUARDIANSHIP MATTER]. | 
      
      
        | 
           
			 | 
               SECTION 6.045.  Section 1155.151(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 20,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, and to more closely conform to the source law from  | 
      
      
        | 
           
			 | 
        which the section was derived to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsection (b), in a guardianship  | 
      
      
        | 
           
			 | 
        proceeding, the cost of the proceeding [in a guardianship matter],  | 
      
      
        | 
           
			 | 
        including the cost of the guardian ad litem or court visitor, shall  | 
      
      
        | 
           
			 | 
        be paid out of the guardianship estate, or the cost of the  | 
      
      
        | 
           
			 | 
        proceeding shall be paid out of the county treasury if the estate is  | 
      
      
        | 
           
			 | 
        insufficient to pay the cost, and the court shall issue the judgment  | 
      
      
        | 
           
			 | 
        accordingly. | 
      
      
        | 
           
			 | 
               SECTION 6.046.  Section 1155.201(1), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 8,  | 
      
      
        | 
           
			 | 
        Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
                     (1)  "Applied income" means the portion of the earned  | 
      
      
        | 
           
			 | 
        and unearned income of a recipient of medical assistance, or if  | 
      
      
        | 
           
			 | 
        applicable the recipient and the recipient's spouse, that is paid  | 
      
      
        | 
           
			 | 
        under the medical assistance program to an institution or long-term  | 
      
      
        | 
           
			 | 
        care facility [a nursing home] in which the recipient resides. | 
      
      
        | 
           
			 | 
               SECTION 6.047.  Section 1155.202, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 8, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1155.202.  COMPENSATION AND COSTS PAYABLE UNDER MEDICAL  | 
      
      
        | 
           
			 | 
        ASSISTANCE PROGRAM.  (a)  Notwithstanding any other provision of  | 
      
      
        | 
           
			 | 
        this title and to the extent permitted by federal law, a court that  | 
      
      
        | 
           
			 | 
        appoints a guardian for a recipient of medical assistance who has  | 
      
      
        | 
           
			 | 
        applied income may order the following to be deducted as an  | 
      
      
        | 
           
			 | 
        additional personal needs allowance in the computation of the  | 
      
      
        | 
           
			 | 
        recipient's applied income in accordance with Section 32.02451,  | 
      
      
        | 
           
			 | 
        Human Resources Code [paid under the medical assistance program]: | 
      
      
        | 
           
			 | 
                     (1)  compensation to the guardian in an amount not to  | 
      
      
        | 
           
			 | 
        exceed $175 per month; | 
      
      
        | 
           
			 | 
                     (2)  costs directly related to establishing or  | 
      
      
        | 
           
			 | 
        terminating the guardianship, not to exceed $1,000 except as  | 
      
      
        | 
           
			 | 
        provided by Subsection (b); and | 
      
      
        | 
           
			 | 
                     (3)  other administrative costs related to the  | 
      
      
        | 
           
			 | 
        guardianship, not to exceed $1,000 during any three-year period. | 
      
      
        | 
           
			 | 
               (b)  Costs ordered to be deducted [paid] under Subsection  | 
      
      
        | 
           
			 | 
        (a)(2) may include compensation and expenses for an attorney ad  | 
      
      
        | 
           
			 | 
        litem or guardian ad litem and reasonable attorney's fees for an  | 
      
      
        | 
           
			 | 
        attorney representing the guardian.  The costs ordered to be paid  | 
      
      
        | 
           
			 | 
        may exceed $1,000 if the costs in excess of that amount are  | 
      
      
        | 
           
			 | 
        supported by documentation acceptable to the court and the costs  | 
      
      
        | 
           
			 | 
        are approved by the court. | 
      
      
        | 
           
			 | 
               (c)  A court may not order: | 
      
      
        | 
           
			 | 
                     (1)  that the deduction for compensation and costs  | 
      
      
        | 
           
			 | 
        under Subsection (a) take effect before the later of: | 
      
      
        | 
           
			 | 
                           (A)  the month in which the court order issued  | 
      
      
        | 
           
			 | 
        under that subsection is signed; or | 
      
      
        | 
           
			 | 
                           (B)  the first month of medical assistance  | 
      
      
        | 
           
			 | 
        eligibility for which the recipient is subject to a copayment; or | 
      
      
        | 
           
			 | 
                     (2)  a deduction for services provided before the  | 
      
      
        | 
           
			 | 
        effective date of the deduction as provided by Subdivision (1). | 
      
      
        | 
           
			 | 
               SECTION 6.048.  The heading to Chapter 1162, Estates Code,  | 
      
      
        | 
           
			 | 
        as effective January 1, 2014, is amended to conform to Section 27,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 1162.  TAX-MOTIVATED, [AND] CHARITABLE, [AND] NONPROFIT,  | 
      
      
        | 
           
			 | 
        AND OTHER GIFTS | 
      
      
        | 
           
			 | 
               SECTION 6.049.  The heading to Subchapter A, Chapter 1162,  | 
      
      
        | 
           
			 | 
        Estates Code, as effective January 1, 2014, is amended to conform to  | 
      
      
        | 
           
			 | 
        Section 28, Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  CERTAIN [TAX-MOTIVATED] GIFTS AND TRANSFERS | 
      
      
        | 
           
			 | 
               SECTION 6.050.  Section 1162.001, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 29, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1162.001.  AUTHORITY TO ESTABLISH ESTATE OR OTHER  | 
      
      
        | 
           
			 | 
        TRANSFER PLAN.  On application of the guardian of the estate or any  | 
      
      
        | 
           
			 | 
        interested person [party], after the posting of notice and hearing,  | 
      
      
        | 
           
			 | 
        and on a showing that the ward will probably remain incapacitated  | 
      
      
        | 
           
			 | 
        during the ward's lifetime, the court may enter an order that  | 
      
      
        | 
           
			 | 
        authorizes the guardian to apply the principal or income of the  | 
      
      
        | 
           
			 | 
        ward's estate that is not required for the support of the ward or  | 
      
      
        | 
           
			 | 
        the ward's family during the ward's lifetime toward the  | 
      
      
        | 
           
			 | 
        establishment of an estate plan for the purpose of minimizing  | 
      
      
        | 
           
			 | 
        income, estate, inheritance, or other taxes payable out of the  | 
      
      
        | 
           
			 | 
        ward's estate, or to transfer a portion of the ward's estate as  | 
      
      
        | 
           
			 | 
        necessary to qualify the ward for government benefits and only to  | 
      
      
        | 
           
			 | 
        the extent allowed by applicable state or federal laws, including  | 
      
      
        | 
           
			 | 
        rules, regarding those benefits.  On the ward's behalf, the court  | 
      
      
        | 
           
			 | 
        may authorize the guardian to make gifts or transfers described by  | 
      
      
        | 
           
			 | 
        this section, outright or in trust, of the ward's [personal]  | 
      
      
        | 
           
			 | 
        property [or real estate] to or for the benefit of: | 
      
      
        | 
           
			 | 
                     (1)  an organization to which charitable contributions  | 
      
      
        | 
           
			 | 
        may be made under the Internal Revenue Code of 1986 and in which it  | 
      
      
        | 
           
			 | 
        is shown the ward would reasonably have an interest; | 
      
      
        | 
           
			 | 
                     (2)  the ward's spouse, descendant, or other person  | 
      
      
        | 
           
			 | 
        related to the ward by blood or marriage who is identifiable at the  | 
      
      
        | 
           
			 | 
        time of the order; | 
      
      
        | 
           
			 | 
                     (3)  a devisee under the ward's last validly executed  | 
      
      
        | 
           
			 | 
        will, trust, or other beneficial instrument, if the instrument  | 
      
      
        | 
           
			 | 
        exists; and | 
      
      
        | 
           
			 | 
                     (4)  a person serving as guardian of the ward, if the  | 
      
      
        | 
           
			 | 
        person is eligible under Subdivision (2) or (3). | 
      
      
        | 
           
			 | 
               SECTION 6.051.  Section 1162.002, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 29, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1162.002.  ESTATE OR OTHER TRANSFER PLAN:  CONTENTS AND  | 
      
      
        | 
           
			 | 
        MODIFICATION.  (a)  The person making an application to the court  | 
      
      
        | 
           
			 | 
        under Section 1162.001 shall: | 
      
      
        | 
           
			 | 
                     (1)  outline the proposed estate or other transfer  | 
      
      
        | 
           
			 | 
        plan; and | 
      
      
        | 
           
			 | 
                     (2)  state all the benefits that are to be derived from  | 
      
      
        | 
           
			 | 
        the [estate] plan. | 
      
      
        | 
           
			 | 
               (b)  The application must indicate that the planned  | 
      
      
        | 
           
			 | 
        disposition is consistent with the ward's intentions, if the ward's  | 
      
      
        | 
           
			 | 
        intentions can be ascertained.  If the ward's intentions cannot be  | 
      
      
        | 
           
			 | 
        ascertained, the ward will be presumed to favor reduction in the  | 
      
      
        | 
           
			 | 
        incidence of the various forms of taxation, the qualification for  | 
      
      
        | 
           
			 | 
        government benefits, and the partial distribution of the ward's  | 
      
      
        | 
           
			 | 
        estate as provided by Sections 1162.001 and 1162.004. | 
      
      
        | 
           
			 | 
               (c)  A subsequent modification of an approved [estate] plan  | 
      
      
        | 
           
			 | 
        may be made by similar application to the court. | 
      
      
        | 
           
			 | 
               SECTION 6.052.  The heading to Section 1162.003, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to conform to Chapter  | 
      
      
        | 
           
			 | 
        1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1162.003.  NOTICE OF APPLICATION FOR ESTABLISHMENT OF  | 
      
      
        | 
           
			 | 
        ESTATE OR OTHER TRANSFER PLAN.  | 
      
      
        | 
           
			 | 
               SECTION 6.053.  Section 1203.051, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 11, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1203.051.  REMOVAL WITHOUT NOTICE; APPOINTMENT OF  | 
      
      
        | 
           
			 | 
        GUARDIAN AD LITEM AND ATTORNEY AD LITEM.  (a)  The court, on the  | 
      
      
        | 
           
			 | 
        court's own motion or on the motion of an interested person,  | 
      
      
        | 
           
			 | 
        including the ward, and without notice, may remove a guardian  | 
      
      
        | 
           
			 | 
        appointed under this title who: | 
      
      
        | 
           
			 | 
                     (1)  neglects to qualify in the manner and time  | 
      
      
        | 
           
			 | 
        required by law; | 
      
      
        | 
           
			 | 
                     (2)  fails to return, not later than the 30th day after  | 
      
      
        | 
           
			 | 
        the date the guardian qualifies, an inventory of the guardianship  | 
      
      
        | 
           
			 | 
        estate property and a list of claims that have come to the  | 
      
      
        | 
           
			 | 
        guardian's knowledge, unless that deadline is extended by court  | 
      
      
        | 
           
			 | 
        order; | 
      
      
        | 
           
			 | 
                     (3)  if required, fails to give a new bond within the  | 
      
      
        | 
           
			 | 
        period prescribed; | 
      
      
        | 
           
			 | 
                     (4)  is absent from the state for a consecutive period  | 
      
      
        | 
           
			 | 
        of three or more months without the court's permission, or removes  | 
      
      
        | 
           
			 | 
        from the state; | 
      
      
        | 
           
			 | 
                     (5)  cannot be served with notices or other processes  | 
      
      
        | 
           
			 | 
        because: | 
      
      
        | 
           
			 | 
                           (A)  the guardian's whereabouts are unknown; | 
      
      
        | 
           
			 | 
                           (B)  the guardian is eluding service; or | 
      
      
        | 
           
			 | 
                           (C)  the guardian is a nonresident of this state  | 
      
      
        | 
           
			 | 
        who does not have a resident agent to accept service of process in  | 
      
      
        | 
           
			 | 
        any guardianship proceeding or other matter relating to the  | 
      
      
        | 
           
			 | 
        guardianship; | 
      
      
        | 
           
			 | 
                     (6)  subject to Section 1203.056(a): | 
      
      
        | 
           
			 | 
                           (A)  has misapplied, embezzled, or removed from  | 
      
      
        | 
           
			 | 
        the state, or is about to misapply, embezzle, or remove from the  | 
      
      
        | 
           
			 | 
        state, any of the property entrusted to the guardian's care; or | 
      
      
        | 
           
			 | 
                           (B)  has engaged in conduct with respect to the  | 
      
      
        | 
           
			 | 
        ward that would be considered to be abuse, neglect, or  | 
      
      
        | 
           
			 | 
        exploitation, as those terms are defined by Section 48.002, Human  | 
      
      
        | 
           
			 | 
        Resources Code, if engaged in with respect to an elderly or disabled  | 
      
      
        | 
           
			 | 
        person, as defined by that section [neglected or cruelly treated a 
         | 
      
      
        | 
           
			 | 
        
          ward]; or | 
      
      
        | 
           
			 | 
                     (7)  has neglected to educate or maintain the ward as  | 
      
      
        | 
           
			 | 
        liberally as the means of the ward and the condition of the ward's  | 
      
      
        | 
           
			 | 
        estate permit. | 
      
      
        | 
           
			 | 
               (b)  In a proceeding to remove a guardian under Subsection  | 
      
      
        | 
           
			 | 
        (a)(6) or (7), the court shall appoint a guardian ad litem as  | 
      
      
        | 
           
			 | 
        provided by Subchapter B, Chapter 1054, and an attorney ad litem.   | 
      
      
        | 
           
			 | 
        The attorney ad litem has the duties prescribed by Section  | 
      
      
        | 
           
			 | 
        1054.004.  In the interest of judicial economy, the court may  | 
      
      
        | 
           
			 | 
        appoint the same person as guardian ad litem and attorney ad litem  | 
      
      
        | 
           
			 | 
        unless a conflict exists between the interests to be represented by  | 
      
      
        | 
           
			 | 
        the guardian ad litem and attorney ad litem. | 
      
      
        | 
           
			 | 
               SECTION 6.054.  Section 1203.052(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 11,  | 
      
      
        | 
           
			 | 
        Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The court may remove a guardian on the court's own  | 
      
      
        | 
           
			 | 
        motion, or on the complaint of an interested person, after the  | 
      
      
        | 
           
			 | 
        guardian has been cited by personal service to answer at a time and  | 
      
      
        | 
           
			 | 
        place set in the notice, if: | 
      
      
        | 
           
			 | 
                     (1)  sufficient grounds appear to support a belief that  | 
      
      
        | 
           
			 | 
        the guardian has misapplied, embezzled, or removed from the state,  | 
      
      
        | 
           
			 | 
        or is about to misapply, embezzle, or remove from the state, any of  | 
      
      
        | 
           
			 | 
        the property entrusted to the guardian's care; | 
      
      
        | 
           
			 | 
                     (2)  the guardian fails to return any account or report  | 
      
      
        | 
           
			 | 
        that is required by law to be made; | 
      
      
        | 
           
			 | 
                     (3)  the guardian fails to obey a proper order of the  | 
      
      
        | 
           
			 | 
        court that has jurisdiction with respect to the performance of the  | 
      
      
        | 
           
			 | 
        guardian's duties; | 
      
      
        | 
           
			 | 
                     (4)  the guardian is proved to have been guilty of gross  | 
      
      
        | 
           
			 | 
        misconduct or mismanagement in the performance of the guardian's  | 
      
      
        | 
           
			 | 
        duties; | 
      
      
        | 
           
			 | 
                     (5)  the guardian: | 
      
      
        | 
           
			 | 
                           (A)  becomes incapacitated; | 
      
      
        | 
           
			 | 
                           (B)  is sentenced to the penitentiary; or | 
      
      
        | 
           
			 | 
                           (C)  from any other cause, becomes incapable of  | 
      
      
        | 
           
			 | 
        properly performing the duties of the guardian's trust; | 
      
      
        | 
           
			 | 
                     (6)  the guardian has engaged in conduct with respect  | 
      
      
        | 
           
			 | 
        to the ward that would be considered to be abuse, neglect, or  | 
      
      
        | 
           
			 | 
        exploitation, as those terms are defined by Section 48.002, Human  | 
      
      
        | 
           
			 | 
        Resources Code, if engaged in with respect to an elderly or disabled  | 
      
      
        | 
           
			 | 
        person, as defined by that section [neglects or cruelly treats the 
         | 
      
      
        | 
           
			 | 
        
          ward]; | 
      
      
        | 
           
			 | 
                     (7)  the guardian neglects to educate or maintain the  | 
      
      
        | 
           
			 | 
        ward as liberally as the means of the ward's estate and the ward's  | 
      
      
        | 
           
			 | 
        ability or condition permit; | 
      
      
        | 
           
			 | 
                     (8)  the guardian interferes with the ward's progress  | 
      
      
        | 
           
			 | 
        or participation in programs in the community; | 
      
      
        | 
           
			 | 
                     (9)  the guardian fails to comply with the requirements  | 
      
      
        | 
           
			 | 
        of Subchapter G, Chapter 1104; | 
      
      
        | 
           
			 | 
                     (10)  the court determines that, because of the  | 
      
      
        | 
           
			 | 
        dissolution of the joint guardians' marriage, the termination of  | 
      
      
        | 
           
			 | 
        the guardians' joint appointment and the continuation of only one  | 
      
      
        | 
           
			 | 
        of the joint guardians as the sole guardian is in the best interest  | 
      
      
        | 
           
			 | 
        of the ward; or | 
      
      
        | 
           
			 | 
                     (11)  the guardian would be ineligible for appointment  | 
      
      
        | 
           
			 | 
        as a guardian under Subchapter H, Chapter 1104. | 
      
      
        | 
           
			 | 
               SECTION 6.055.  Subchapter B, Chapter 1203, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 1,  | 
      
      
        | 
           
			 | 
        Chapter 1218 (S.B. 481), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, by adding Section 1203.0531 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1203.0531.  NOTICE OF REMOVAL ORDER.  The court clerk  | 
      
      
        | 
           
			 | 
        shall issue notice of an order rendered by the court removing a  | 
      
      
        | 
           
			 | 
        guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7).   | 
      
      
        | 
           
			 | 
        The notice must: | 
      
      
        | 
           
			 | 
                     (1)  state the names of the ward and the removed  | 
      
      
        | 
           
			 | 
        guardian; | 
      
      
        | 
           
			 | 
                     (2)  state the date the court signed the order of  | 
      
      
        | 
           
			 | 
        removal; | 
      
      
        | 
           
			 | 
                     (3)  contain the following statement printed in  | 
      
      
        | 
           
			 | 
        12-point bold font: | 
      
      
        | 
           
			 | 
               "If you have been removed from serving as guardian under  | 
      
      
        | 
           
			 | 
        Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right  | 
      
      
        | 
           
			 | 
        to contest the order of removal by filing an application with the  | 
      
      
        | 
           
			 | 
        court for a hearing under Section 1203.056, Estates Code, to  | 
      
      
        | 
           
			 | 
        determine whether you should be reinstated as guardian.  The  | 
      
      
        | 
           
			 | 
        application must be filed not later than the 30th day after the date  | 
      
      
        | 
           
			 | 
        the court signed the order of removal."; | 
      
      
        | 
           
			 | 
                     (4)  contain as an attachment a copy of the order of  | 
      
      
        | 
           
			 | 
        removal; and | 
      
      
        | 
           
			 | 
                     (5)  be personally served on the removed guardian not  | 
      
      
        | 
           
			 | 
        later than the seventh day after the date the court signed the order  | 
      
      
        | 
           
			 | 
        of removal. | 
      
      
        | 
           
			 | 
               SECTION 6.056.  Sections 1203.056(a), (b), and (e), Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, are amended to conform to  | 
      
      
        | 
           
			 | 
        Section 11, Chapter 599 (S.B. 220), and Section 2, Chapter 1218  | 
      
      
        | 
           
			 | 
        (S.B. 481), Acts of the 82nd Legislature, Regular Session, 2011, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  The court may remove a guardian under Section  | 
      
      
        | 
           
			 | 
        1203.051(a)(6)(A) [1203.051(6)(A)] or (B) only on the presentation  | 
      
      
        | 
           
			 | 
        of clear and convincing evidence given under oath. | 
      
      
        | 
           
			 | 
               (b)  Not later than the 30th [10th] day after the date the  | 
      
      
        | 
           
			 | 
        court signs the order of removal, a guardian who is removed under  | 
      
      
        | 
           
			 | 
        Section 1203.051(a)(6)(A) [1203.051(6)(A)] or (B) may file an  | 
      
      
        | 
           
			 | 
        application with the court for a hearing to determine whether the  | 
      
      
        | 
           
			 | 
        guardian should be reinstated. | 
      
      
        | 
           
			 | 
               (e)  The court shall hold a hearing on an application for  | 
      
      
        | 
           
			 | 
        reinstatement under this section as soon as practicable after the  | 
      
      
        | 
           
			 | 
        application is filed, but not later than the 60th day after the date  | 
      
      
        | 
           
			 | 
        the court signed the order of removal.  If, at the conclusion of the  | 
      
      
        | 
           
			 | 
        [a] hearing [under this section], the court is satisfied by a  | 
      
      
        | 
           
			 | 
        preponderance of the evidence that the applicant did not engage in  | 
      
      
        | 
           
			 | 
        the conduct that directly led to the applicant's removal, the court  | 
      
      
        | 
           
			 | 
        shall: | 
      
      
        | 
           
			 | 
                     (1)  set aside any order appointing a successor  | 
      
      
        | 
           
			 | 
        guardian; and | 
      
      
        | 
           
			 | 
                     (2)  enter an order reinstating the applicant as  | 
      
      
        | 
           
			 | 
        guardian of the ward or estate. | 
      
      
        | 
           
			 | 
               SECTION 6.057.  The heading to Section 1203.102, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to conform to Section  | 
      
      
        | 
           
			 | 
        11, Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION,  | 
      
      
        | 
           
			 | 
        REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT. | 
      
      
        | 
           
			 | 
               SECTION 6.058.  Section 1203.102, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 11, Chapter 599  | 
      
      
        | 
           
			 | 
        (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by  | 
      
      
        | 
           
			 | 
        amending Subsection (b) and adding Subsections (c) and (d) to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (b)  The court may appoint a successor guardian under this  | 
      
      
        | 
           
			 | 
        section without citation or notice if the court finds that a  | 
      
      
        | 
           
			 | 
        necessity exists for the immediate appointment.  Subject to an  | 
      
      
        | 
           
			 | 
        order of the court, a successor guardian has the rights and powers  | 
      
      
        | 
           
			 | 
        of the removed guardian. | 
      
      
        | 
           
			 | 
               (c)  The appointment of a successor guardian under  | 
      
      
        | 
           
			 | 
        Subsection (b) does not preclude an interested person from filing  | 
      
      
        | 
           
			 | 
        an application to be appointed guardian of the ward for whom the  | 
      
      
        | 
           
			 | 
        successor guardian was appointed.  The court shall hold a hearing on  | 
      
      
        | 
           
			 | 
        an application filed under the circumstances described by this  | 
      
      
        | 
           
			 | 
        subsection.  At the conclusion of the hearing, the court may set  | 
      
      
        | 
           
			 | 
        aside the appointment of the successor guardian and appoint the  | 
      
      
        | 
           
			 | 
        applicant as the ward's guardian if the applicant is not  | 
      
      
        | 
           
			 | 
        disqualified and after considering the requirements of Subchapter B  | 
      
      
        | 
           
			 | 
        or C, Chapter 1104, as applicable. | 
      
      
        | 
           
			 | 
               (d)  If the court sets aside the appointment of the successor  | 
      
      
        | 
           
			 | 
        guardian under this section, the court may require the successor  | 
      
      
        | 
           
			 | 
        guardian to prepare and file, under oath, an accounting of the  | 
      
      
        | 
           
			 | 
        estate and to detail the disposition the successor has made of the  | 
      
      
        | 
           
			 | 
        estate property. | 
      
      
        | 
           
			 | 
               SECTION 6.059.  Sections 1204.001(b) and (e), Estates Code,  | 
      
      
        | 
           
			 | 
        as effective January 1, 2014, are amended to conform to Section 25,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A guardianship of the estate of a ward shall be settled  | 
      
      
        | 
           
			 | 
        when: | 
      
      
        | 
           
			 | 
                     (1)  the ward dies; | 
      
      
        | 
           
			 | 
                     (2)  a minor ward becomes an adult by: | 
      
      
        | 
           
			 | 
                           (A)  becoming 18 years of age; | 
      
      
        | 
           
			 | 
                           (B)  removal of disabilities of minority  | 
      
      
        | 
           
			 | 
        according to the law of this state; or | 
      
      
        | 
           
			 | 
                           (C)  marriage; | 
      
      
        | 
           
			 | 
                     (3)  an incapacitated ward is decreed as provided by  | 
      
      
        | 
           
			 | 
        law to have been restored to full legal capacity; | 
      
      
        | 
           
			 | 
                     (4)  the spouse of a married ward has qualified as  | 
      
      
        | 
           
			 | 
        survivor in community and the ward does not own separate property; | 
      
      
        | 
           
			 | 
                     (5)  the ward's estate is exhausted; | 
      
      
        | 
           
			 | 
                     (6)  the foreseeable income accruing to the ward or to  | 
      
      
        | 
           
			 | 
        the ward's estate is so negligible that maintaining the  | 
      
      
        | 
           
			 | 
        guardianship in force would be burdensome; | 
      
      
        | 
           
			 | 
                     (7)  all of the assets of the estate have been placed in  | 
      
      
        | 
           
			 | 
        a management trust under Chapter 1301 or have been transferred to a  | 
      
      
        | 
           
			 | 
        pooled trust subaccount in accordance with a court order issued as  | 
      
      
        | 
           
			 | 
        provided by Chapter 1302, and the court determines that a  | 
      
      
        | 
           
			 | 
        guardianship of [for] the ward's estate [ward] is no longer  | 
      
      
        | 
           
			 | 
        necessary; or | 
      
      
        | 
           
			 | 
                     (8)  the court determines for any other reason that a  | 
      
      
        | 
           
			 | 
        guardianship for the ward is no longer necessary. | 
      
      
        | 
           
			 | 
               (e)  In the settlement of a guardianship of the estate, the  | 
      
      
        | 
           
			 | 
        court may appoint an attorney ad litem to represent the ward's  | 
      
      
        | 
           
			 | 
        interests and may allow the attorney ad litem reasonable  | 
      
      
        | 
           
			 | 
        compensation to be taxed as costs [for services provided by the 
         | 
      
      
        | 
           
			 | 
        
          attorney out of the ward's estate]. | 
      
      
        | 
           
			 | 
               SECTION 6.060.  Section 1301.051, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 30, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF TRUST.   | 
      
      
        | 
           
			 | 
        The following persons may apply for the creation of a trust under  | 
      
      
        | 
           
			 | 
        this subchapter: | 
      
      
        | 
           
			 | 
                     (1)  the guardian of a ward; | 
      
      
        | 
           
			 | 
                     (2)  an attorney ad litem or guardian ad litem  | 
      
      
        | 
           
			 | 
        appointed to represent a ward or the ward's interests; | 
      
      
        | 
           
			 | 
                     (3)  a person interested in the welfare of an alleged  | 
      
      
        | 
           
			 | 
        incapacitated person who does not have a guardian [of the estate];  | 
      
      
        | 
           
			 | 
        [or] | 
      
      
        | 
           
			 | 
                     (4)  an attorney ad litem or guardian ad litem  | 
      
      
        | 
           
			 | 
        appointed to represent[:
         | 
      
      
        | 
           
			 | 
                           [(A)]  an alleged incapacitated person who does  | 
      
      
        | 
           
			 | 
        not have a guardian; or | 
      
      
        | 
           
			 | 
                     (5)  a person who has only a physical disability  | 
      
      
        | 
           
			 | 
        [(B)  the interests of a person described by Paragraph (A)]. | 
      
      
        | 
           
			 | 
               SECTION 6.061.  Section 1301.052(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform a reference to a  | 
      
      
        | 
           
			 | 
        redesignation made by Section 6.015(c) of this Act to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  If a proceeding for the appointment of a guardian for an  | 
      
      
        | 
           
			 | 
        alleged incapacitated person is not pending on the date an  | 
      
      
        | 
           
			 | 
        application is filed for the creation of a trust under Section  | 
      
      
        | 
           
			 | 
        1301.054 for the person, venue for a proceeding to create a trust  | 
      
      
        | 
           
			 | 
        must be determined in the same manner as venue for a proceeding for  | 
      
      
        | 
           
			 | 
        the appointment of a guardian is determined under Section 1023.001  | 
      
      
        | 
           
			 | 
        [610]. | 
      
      
        | 
           
			 | 
               SECTION 6.062.  Section 1301.053, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 30, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.053.  CREATION OF TRUST [FOR WARD].  (a)  On  | 
      
      
        | 
           
			 | 
        application by an appropriate person as provided by Section  | 
      
      
        | 
           
			 | 
        1301.051 and subject to Section 1301.054(a), if applicable, the  | 
      
      
        | 
           
			 | 
        court with jurisdiction over the proceedings [a guardianship] may  | 
      
      
        | 
           
			 | 
        enter an order that creates [for the ward's benefit] a trust for the  | 
      
      
        | 
           
			 | 
        management of the [guardianship] funds of the person with respect  | 
      
      
        | 
           
			 | 
        to whom the application is filed if the court finds that the  | 
      
      
        | 
           
			 | 
        creation of the trust is in the person's [ward's] best interests. | 
      
      
        | 
           
			 | 
               (b)  The court may [shall] maintain a trust created under  | 
      
      
        | 
           
			 | 
        this section under the same cause number as the guardianship  | 
      
      
        | 
           
			 | 
        proceeding, if the person for whom the trust is created is a ward or  | 
      
      
        | 
           
			 | 
        proposed ward. | 
      
      
        | 
           
			 | 
               SECTION 6.063.  Section 1301.054(d), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 30,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The court may [shall] maintain a trust created under  | 
      
      
        | 
           
			 | 
        this section under the same cause number as the guardianship  | 
      
      
        | 
           
			 | 
        proceeding, if the person for whom the trust is created is a ward or  | 
      
      
        | 
           
			 | 
        proposed ward [applicable]. | 
      
      
        | 
           
			 | 
               SECTION 6.064.  Section 1301.056, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 30, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        and to more closely conform to the source law from which the section  | 
      
      
        | 
           
			 | 
        was derived to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST.  An order  | 
      
      
        | 
           
			 | 
        creating a management trust must: | 
      
      
        | 
           
			 | 
                     (1)  direct any [a] person or entity holding property  | 
      
      
        | 
           
			 | 
        that belongs to the [ward or incapacitated] person[, as 
         | 
      
      
        | 
           
			 | 
        
          applicable,] for whom the trust is created or to which that [the 
         | 
      
      
        | 
           
			 | 
        
          ward or incapacitated] person is entitled[,] to deliver all or part  | 
      
      
        | 
           
			 | 
        of that property to a person or [the] corporate fiduciary [or other 
         | 
      
      
        | 
           
			 | 
        
          person] appointed as trustee of the trust; and | 
      
      
        | 
           
			 | 
                     (2)  include terms and limitations placed on the trust. | 
      
      
        | 
           
			 | 
               SECTION 6.065.  Section 1301.057(c), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 30,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The court may appoint a person or entity described by  | 
      
      
        | 
           
			 | 
        Subsection (d) to serve as trustee of a management trust instead of  | 
      
      
        | 
           
			 | 
        appointing a financial institution to serve in that capacity if the  | 
      
      
        | 
           
			 | 
        court finds: | 
      
      
        | 
           
			 | 
                     (1)  that the appointment is in the best interests of  | 
      
      
        | 
           
			 | 
        the [ward or incapacitated] person for whom the trust is created;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  if the value of the trust's principal is more than  | 
      
      
        | 
           
			 | 
        $150,000, that the applicant for the creation of the trust, after  | 
      
      
        | 
           
			 | 
        the exercise of due diligence, has been unable to find a financial  | 
      
      
        | 
           
			 | 
        institution in the geographic area willing to serve as trustee. | 
      
      
        | 
           
			 | 
               SECTION 6.066.  Section 1301.101, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 31, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.101.  REQUIRED TERMS.  (a)  Except as provided by  | 
      
      
        | 
           
			 | 
        Subsection (c), a management trust must provide that: | 
      
      
        | 
           
			 | 
                     (1)  the ward, [or] incapacitated person, or person who  | 
      
      
        | 
           
			 | 
        has only a physical disability for whom the trust is created is the  | 
      
      
        | 
           
			 | 
        sole beneficiary of the trust; | 
      
      
        | 
           
			 | 
                     (2)  the trustee may disburse an amount of the trust's  | 
      
      
        | 
           
			 | 
        principal or income as the trustee determines is necessary to spend  | 
      
      
        | 
           
			 | 
        for the health, education, maintenance, or support of the [ward or 
         | 
      
      
        | 
           
			 | 
        
          incapacitated] person for whom the trust is created; | 
      
      
        | 
           
			 | 
                     (3)  the trust income that the trustee does not  | 
      
      
        | 
           
			 | 
        disburse under Subdivision (2) must be added to the trust  | 
      
      
        | 
           
			 | 
        principal; | 
      
      
        | 
           
			 | 
                     (4)  a trustee that is a corporate fiduciary serves  | 
      
      
        | 
           
			 | 
        without giving a bond; and | 
      
      
        | 
           
			 | 
                     (5)  subject to the court's approval and Subsection  | 
      
      
        | 
           
			 | 
        (b), the trustee is entitled to receive reasonable compensation for  | 
      
      
        | 
           
			 | 
        services the trustee provides to the [ward or incapacitated] person  | 
      
      
        | 
           
			 | 
        for whom the trust is created as the person's trustee. | 
      
      
        | 
           
			 | 
               (b)  A trustee's compensation under Subsection (a)(5) must  | 
      
      
        | 
           
			 | 
        be: | 
      
      
        | 
           
			 | 
                     (1)  paid from the management trust's income,  | 
      
      
        | 
           
			 | 
        principal, or both; and | 
      
      
        | 
           
			 | 
                     (2)  determined, paid, reduced, and eliminated in the  | 
      
      
        | 
           
			 | 
        same manner as compensation of a guardian [of an estate] under  | 
      
      
        | 
           
			 | 
        Subchapter A, Chapter 1155. | 
      
      
        | 
           
			 | 
               (c)  The court creating or modifying a management trust may  | 
      
      
        | 
           
			 | 
        omit or modify terms required by Subsection (a)(1) or (2) only if  | 
      
      
        | 
           
			 | 
        the court determines that the omission or modification: | 
      
      
        | 
           
			 | 
                     (1)  is necessary and appropriate for the [ward or 
         | 
      
      
        | 
           
			 | 
        
          incapacitated] person for whom the trust is created to be eligible  | 
      
      
        | 
           
			 | 
        to receive public benefits or assistance under a state or federal  | 
      
      
        | 
           
			 | 
        program that is not otherwise available to the [ward or 
         | 
      
      
        | 
           
			 | 
        
          incapacitated] person; and | 
      
      
        | 
           
			 | 
                     (2)  is in the [ward's or incapacitated person's] best  | 
      
      
        | 
           
			 | 
        interests of the person for whom the trust is created. | 
      
      
        | 
           
			 | 
               SECTION 6.067.  Section 1301.102(a), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 31,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A management trust may provide that the trustee make a  | 
      
      
        | 
           
			 | 
        distribution, payment, use, or application of trust funds for the  | 
      
      
        | 
           
			 | 
        health, education, maintenance, or support of the [ward or 
         | 
      
      
        | 
           
			 | 
        
          incapacitated] person for whom the trust is created or of another  | 
      
      
        | 
           
			 | 
        person whom the [ward or incapacitated] person for whom the trust is  | 
      
      
        | 
           
			 | 
        created is legally obligated to support: | 
      
      
        | 
           
			 | 
                     (1)  as necessary and without the intervention of: | 
      
      
        | 
           
			 | 
                           (A)  a guardian or other representative of the  | 
      
      
        | 
           
			 | 
        ward; or | 
      
      
        | 
           
			 | 
                           (B)  a representative of the incapacitated person  | 
      
      
        | 
           
			 | 
        or person who has only a physical disability; and | 
      
      
        | 
           
			 | 
                     (2)  to: | 
      
      
        | 
           
			 | 
                           (A)  the ward's guardian; | 
      
      
        | 
           
			 | 
                           (B)  a person who has physical custody of the  | 
      
      
        | 
           
			 | 
        [ward or incapacitated] person for whom the trust is created or of  | 
      
      
        | 
           
			 | 
        another person whom the [ward or incapacitated] person for whom the  | 
      
      
        | 
           
			 | 
        trust is created is legally obligated to support; or | 
      
      
        | 
           
			 | 
                           (C)  a person providing a good or service to the  | 
      
      
        | 
           
			 | 
        [ward or incapacitated] person for whom the trust is created or to  | 
      
      
        | 
           
			 | 
        another person whom the [ward or incapacitated] person for whom the  | 
      
      
        | 
           
			 | 
        trust is created is legally obligated to support. | 
      
      
        | 
           
			 | 
               SECTION 6.068.  Subchapter D, Chapter 1301, Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 35,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, by adding Section 1301.1535 to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.1535.  INITIAL ACCOUNTING BY CERTAIN TRUSTEES  | 
      
      
        | 
           
			 | 
        REQUIRED.  (a)  This section applies only to a trustee of a  | 
      
      
        | 
           
			 | 
        management trust created for a person for whom a guardianship  | 
      
      
        | 
           
			 | 
        proceeding is pending on the date the trust is created. | 
      
      
        | 
           
			 | 
               (b)  Not later than the 30th day after the date a trustee to  | 
      
      
        | 
           
			 | 
        which this section applies receives property into the trust, the  | 
      
      
        | 
           
			 | 
        trustee shall file with the court in which the guardianship  | 
      
      
        | 
           
			 | 
        proceeding is pending a report describing all property held in the  | 
      
      
        | 
           
			 | 
        trust on the date of the report and specifying the value of the  | 
      
      
        | 
           
			 | 
        property on that date. | 
      
      
        | 
           
			 | 
               SECTION 6.069.  Section 1301.154, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 36, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        by amending Subsection (a) and adding Subsection (d) to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsection (d), the [The] trustee  | 
      
      
        | 
           
			 | 
        of a management trust shall prepare and file with the court an  | 
      
      
        | 
           
			 | 
        annual accounting of transactions in the trust in the same manner  | 
      
      
        | 
           
			 | 
        and form that is required of a guardian under this title. | 
      
      
        | 
           
			 | 
               (d)  The court may not require a trustee of a trust created  | 
      
      
        | 
           
			 | 
        for a person who has only a physical disability to prepare and file  | 
      
      
        | 
           
			 | 
        with the court the annual accounting as described by Subsection  | 
      
      
        | 
           
			 | 
        (a). | 
      
      
        | 
           
			 | 
               SECTION 6.070.  Section 1301.201(b), Estates Code, as  | 
      
      
        | 
           
			 | 
        effective January 1, 2014, is amended to conform to Section 33,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The following may not revoke a management trust: | 
      
      
        | 
           
			 | 
                     (1)  the ward for whom the trust is created or the  | 
      
      
        | 
           
			 | 
        guardian of the ward's estate; [or] | 
      
      
        | 
           
			 | 
                     (2)  the incapacitated person for whom the trust is  | 
      
      
        | 
           
			 | 
        created; or | 
      
      
        | 
           
			 | 
                     (3)  the person who has only a physical disability for  | 
      
      
        | 
           
			 | 
        whom the trust is created. | 
      
      
        | 
           
			 | 
               SECTION 6.071.  Sections 1301.202(a) and (b), Estates Code,  | 
      
      
        | 
           
			 | 
        as effective January 1, 2014, are amended to conform to Section 32,  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If the court determines that it is in the best interests  | 
      
      
        | 
           
			 | 
        of the [a ward or incapacitated] person for whom a management trust  | 
      
      
        | 
           
			 | 
        is created, the court may order the transfer of all property in the  | 
      
      
        | 
           
			 | 
        management trust to a pooled trust subaccount established in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 1302. | 
      
      
        | 
           
			 | 
               (b)  The transfer of property from the management trust to  | 
      
      
        | 
           
			 | 
        the pooled trust subaccount shall be treated as a continuation of  | 
      
      
        | 
           
			 | 
        the management trust and may not be treated as the establishment of  | 
      
      
        | 
           
			 | 
        a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C)  | 
      
      
        | 
           
			 | 
        or otherwise for purposes of the management trust beneficiary's  | 
      
      
        | 
           
			 | 
        [ward's or incapacitated person's] eligibility for medical  | 
      
      
        | 
           
			 | 
        assistance under Chapter 32, Human Resources Code. | 
      
      
        | 
           
			 | 
               SECTION 6.072.  Section 1301.203, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 34, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.203.  TERMINATION OF TRUST.  (a)  If the [ward or 
         | 
      
      
        | 
           
			 | 
        
          incapacitated] person for whom a management trust is created is a  | 
      
      
        | 
           
			 | 
        minor, the trust terminates on: | 
      
      
        | 
           
			 | 
                     (1)  the earlier of: | 
      
      
        | 
           
			 | 
                           (A)  the [ward's or incapacitated] person's death;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (B)  the [ward's or incapacitated] person's 18th  | 
      
      
        | 
           
			 | 
        birthday; or | 
      
      
        | 
           
			 | 
                     (2)  the date provided by court order, which may not be  | 
      
      
        | 
           
			 | 
        later than the [ward's or incapacitated] person's 25th birthday. | 
      
      
        | 
           
			 | 
               (b)  If the [ward or incapacitated] person for whom a  | 
      
      
        | 
           
			 | 
        management trust is created is not a minor, the trust terminates  | 
      
      
        | 
           
			 | 
        [on]: | 
      
      
        | 
           
			 | 
                     (1)  according to the terms of the trust; | 
      
      
        | 
           
			 | 
                     (2)  on the date the court determines that continuing  | 
      
      
        | 
           
			 | 
        the trust is no longer in the [ward's or incapacitated] person's  | 
      
      
        | 
           
			 | 
        best interests, subject to Section 1301.202(c); or | 
      
      
        | 
           
			 | 
                     (3)  on [(2)] the [ward's or incapacitated] person's  | 
      
      
        | 
           
			 | 
        death. | 
      
      
        | 
           
			 | 
               SECTION 6.073.  Section 1301.204, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 37, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY.  (a)  Unless  | 
      
      
        | 
           
			 | 
        otherwise provided by the court and except as provided by  | 
      
      
        | 
           
			 | 
        Subsection (b), the trustee of a management trust shall: | 
      
      
        | 
           
			 | 
                     (1)  prepare a final account in the same form and manner  | 
      
      
        | 
           
			 | 
        that is required of a guardian under Sections 1204.101 and  | 
      
      
        | 
           
			 | 
        1204.102; and | 
      
      
        | 
           
			 | 
                     (2)  on court approval, distribute the principal or any  | 
      
      
        | 
           
			 | 
        undistributed income of the trust to: | 
      
      
        | 
           
			 | 
                           (A)  the ward or incapacitated person when the  | 
      
      
        | 
           
			 | 
        trust terminates on the trust's own terms; | 
      
      
        | 
           
			 | 
                           (B)  the successor trustee on appointment of a  | 
      
      
        | 
           
			 | 
        successor trustee; or | 
      
      
        | 
           
			 | 
                           (C)  the representative of the deceased ward's or  | 
      
      
        | 
           
			 | 
        incapacitated person's estate on the ward's or incapacitated  | 
      
      
        | 
           
			 | 
        person's death. | 
      
      
        | 
           
			 | 
               (b)  The court may not require a trustee of a trust created  | 
      
      
        | 
           
			 | 
        for a person who has only a physical disability to prepare and file  | 
      
      
        | 
           
			 | 
        with the court a final account as described by Subsection (a)(1).   | 
      
      
        | 
           
			 | 
        The trustee shall distribute the principal and any undistributed  | 
      
      
        | 
           
			 | 
        income of the trust in the manner provided by Subsection (a)(2) for  | 
      
      
        | 
           
			 | 
        a trust the beneficiary of which is a ward or incapacitated person. | 
      
      
        | 
           
			 | 
               SECTION 6.074.  Section 1302.002, Estates Code, as effective  | 
      
      
        | 
           
			 | 
        January 1, 2014, is amended to conform to Section 39, Chapter 1085  | 
      
      
        | 
           
			 | 
        (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT.  The  | 
      
      
        | 
           
			 | 
        following persons [A person interested in the welfare of a minor, a 
         | 
      
      
        | 
           
			 | 
        
          disabled person, or any other incapacitated person] may apply to  | 
      
      
        | 
           
			 | 
        the court for the establishment of a subaccount for the benefit of a  | 
      
      
        | 
           
			 | 
        [the] minor[, disabled person,] or other incapacitated person, an  | 
      
      
        | 
           
			 | 
        alleged incapacitated person, or a disabled person who is not an  | 
      
      
        | 
           
			 | 
        incapacitated person: | 
      
      
        | 
           
			 | 
                     (1)  the guardian of the incapacitated person; | 
      
      
        | 
           
			 | 
                     (2)  a person who has filed an application for the  | 
      
      
        | 
           
			 | 
        appointment of a guardian for the alleged incapacitated person; | 
      
      
        | 
           
			 | 
                     (3)  an attorney ad litem or guardian ad litem  | 
      
      
        | 
           
			 | 
        appointed to represent: | 
      
      
        | 
           
			 | 
                           (A)  the incapacitated person who is a ward or  | 
      
      
        | 
           
			 | 
        that person's interests; or | 
      
      
        | 
           
			 | 
                           (B)  the alleged incapacitated person who does not  | 
      
      
        | 
           
			 | 
        have a guardian; or | 
      
      
        | 
           
			 | 
                     (4)  the disabled person [as the beneficiary]. | 
      
      
        | 
           
			 | 
               SECTION 6.075.  The heading to Part 2, Subtitle Y, Title 3,  | 
      
      
        | 
           
			 | 
        Estates Code, as effective January 1, 2014, is amended to conform to  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        PART 2.  GUARDIANSHIP PROCEEDINGS [AND MATTERS] | 
      
      
        | 
           
			 | 
               SECTION 6.076.  The heading to Subtitle Z, Title 3, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, is amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBTITLE Z. TEXAS PROBATE CODE: [;] ADDITIONAL GUARDIANSHIP  | 
      
      
        | 
           
			 | 
        PROVISIONS | 
      
      
        | 
           
			 | 
               SECTION 6.077.  The heading to Part 2, Subtitle Z, Title 3,  | 
      
      
        | 
           
			 | 
        Estates Code, as effective January 1, 2014, is amended to conform to  | 
      
      
        | 
           
			 | 
        Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        PART 2.  GUARDIANSHIP PROCEEDINGS [AND MATTERS] | 
      
      
        | 
           
			 | 
               SECTION 6.078.  (a)  Sections 3.01(b) and (c), Chapter 823  | 
      
      
        | 
           
			 | 
        (H.B. 2759), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        which transferred to the Estates Code Sections 605, 606, 607, 608,  | 
      
      
        | 
           
			 | 
        609, 610, 611, 612, 613, 614, 615, 616, 617, and 618, Texas Probate  | 
      
      
        | 
           
			 | 
        Code, are repealed. | 
      
      
        | 
           
			 | 
               (b)  Subtitle Y, Title 2, Estates Code, as effective January  | 
      
      
        | 
           
			 | 
        1, 2014, is repealed. | 
      
      
        | 
           
			 | 
               (c)  Subparts A and B, Part 2, Subtitle Y, Title 3, Estates  | 
      
      
        | 
           
			 | 
        Code, as effective January 1, 2014, are repealed. | 
      
      
        | 
           
			 | 
               SECTION 6.079.  This article takes effect January 1, 2014. | 
      
      
        | 
           
			 | 
        ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
      
        | 
           
			 | 
               SECTION 7.001.  Section 51.03(b), Family Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  Conduct indicating a need for supervision is: | 
      
      
        | 
           
			 | 
                     (1)  subject to Subsection (f), conduct, other than a  | 
      
      
        | 
           
			 | 
        traffic offense, that violates: | 
      
      
        | 
           
			 | 
                           (A)  the penal laws of this state of the grade of  | 
      
      
        | 
           
			 | 
        misdemeanor that are punishable by fine only; or | 
      
      
        | 
           
			 | 
                           (B)  the penal ordinances of any political  | 
      
      
        | 
           
			 | 
        subdivision of this state; | 
      
      
        | 
           
			 | 
                     (2)  the absence of a child on 10 or more days or parts  | 
      
      
        | 
           
			 | 
        of days within a six-month period in the same school year or on  | 
      
      
        | 
           
			 | 
        three or more days or parts of days within a four-week period from  | 
      
      
        | 
           
			 | 
        school; | 
      
      
        | 
           
			 | 
                     (3)  the voluntary absence of a child from the child's  | 
      
      
        | 
           
			 | 
        home without the consent of the child's parent or guardian for a  | 
      
      
        | 
           
			 | 
        substantial length of time or without intent to return; | 
      
      
        | 
           
			 | 
                     (4)  conduct prohibited by city ordinance or by state  | 
      
      
        | 
           
			 | 
        law involving the inhalation of the fumes or vapors of paint and  | 
      
      
        | 
           
			 | 
        other protective coatings or glue and other adhesives and the  | 
      
      
        | 
           
			 | 
        volatile chemicals itemized in Section 485.001, Health and Safety  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (5)  an act that violates a school district's  | 
      
      
        | 
           
			 | 
        previously communicated written standards of student conduct for  | 
      
      
        | 
           
			 | 
        which the child has been expelled under Section 37.007(c),  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                     (6)  conduct that violates a reasonable and lawful  | 
      
      
        | 
           
			 | 
        order of a court entered under Section 264.305; [or] | 
      
      
        | 
           
			 | 
                     (7)  notwithstanding Subsection (a)(1), conduct  | 
      
      
        | 
           
			 | 
        described by Section 43.02(a)(1) or (2), Penal Code; or | 
      
      
        | 
           
			 | 
                     (8) [(7)]  conduct that violates Section 43.261, Penal  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               SECTION 7.002.  Section 54.021(a), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 148 (H.B. 734) and 1098 (S.B. 1489), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The juvenile court may waive its exclusive original  | 
      
      
        | 
           
			 | 
        jurisdiction and transfer a child to the constitutional county  | 
      
      
        | 
           
			 | 
        court, if the county has a population of 1.75 million or more, or to  | 
      
      
        | 
           
			 | 
        an appropriate justice or municipal court, with the permission of  | 
      
      
        | 
           
			 | 
        the county, justice, or municipal court, for disposition in the  | 
      
      
        | 
           
			 | 
        manner provided by Subsection (b) if the child is 12 years of age or  | 
      
      
        | 
           
			 | 
        older and is alleged to have engaged in conduct described in Section  | 
      
      
        | 
           
			 | 
        51.03(b)(2).  A waiver of jurisdiction under this subsection may be  | 
      
      
        | 
           
			 | 
        for an individual case or for all cases in which a child is alleged  | 
      
      
        | 
           
			 | 
        to have engaged in conduct described in Section 51.03(b)(2).  The  | 
      
      
        | 
           
			 | 
        waiver of a juvenile court's exclusive original jurisdiction for  | 
      
      
        | 
           
			 | 
        all cases in which a child is alleged to have engaged in conduct  | 
      
      
        | 
           
			 | 
        described in Section 51.03(b)(2) is effective for a period of one  | 
      
      
        | 
           
			 | 
        year. | 
      
      
        | 
           
			 | 
               SECTION 7.003.  Section 58.003(d), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (d)  The court may grant to a child the relief authorized in  | 
      
      
        | 
           
			 | 
        Subsection (a), (c-1), [or] (c-3), or (c-5) at any time after final  | 
      
      
        | 
           
			 | 
        discharge of the child or after the last official action in the case  | 
      
      
        | 
           
			 | 
        if there was no adjudication, subject, if applicable, to Subsection  | 
      
      
        | 
           
			 | 
        (e).  If the child is referred to the juvenile court for conduct  | 
      
      
        | 
           
			 | 
        constituting any offense and at the adjudication hearing the child  | 
      
      
        | 
           
			 | 
        is found to be not guilty of each offense alleged, the court shall  | 
      
      
        | 
           
			 | 
        immediately and without any additional hearing order the sealing of  | 
      
      
        | 
           
			 | 
        all files and records relating to the case. | 
      
      
        | 
           
			 | 
               SECTION 7.004.  Section 58.106(a), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 186 (S.B. 1241), 653 (S.B. 1106), and 1098 (S.B. 1489),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011, is reenacted  | 
      
      
        | 
           
			 | 
        and amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as otherwise provided by this section,  | 
      
      
        | 
           
			 | 
        information contained in the juvenile justice information system is  | 
      
      
        | 
           
			 | 
        confidential information for the use of the department and may not  | 
      
      
        | 
           
			 | 
        be disseminated by the department except: | 
      
      
        | 
           
			 | 
                     (1)  with the permission of the juvenile offender, to  | 
      
      
        | 
           
			 | 
        military personnel of this state or the United States; | 
      
      
        | 
           
			 | 
                     (2)  to a person or entity to which the department may  | 
      
      
        | 
           
			 | 
        grant access to adult criminal history records as provided by  | 
      
      
        | 
           
			 | 
        Section 411.083, Government Code; | 
      
      
        | 
           
			 | 
                     (3)  to a juvenile justice agency; | 
      
      
        | 
           
			 | 
                     (4)  to the Texas Youth Commission and the Texas  | 
      
      
        | 
           
			 | 
        Juvenile Probation Commission for analytical purposes; | 
      
      
        | 
           
			 | 
                     (5)  to the office of independent ombudsman of the  | 
      
      
        | 
           
			 | 
        Texas Youth Commission; and | 
      
      
        | 
           
			 | 
                     (6)  to a county, justice, or municipal court  | 
      
      
        | 
           
			 | 
        exercising jurisdiction over a juvenile, including a court  | 
      
      
        | 
           
			 | 
        exercising jurisdiction over a juvenile under Section 54.021. | 
      
      
        | 
           
			 | 
        ARTICLE 8.  CHANGES RELATING TO FINANCE CODE | 
      
      
        | 
           
			 | 
               SECTION 8.001.  Section 14.2015(a), Finance Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 1182 (H.B. 3453) and 1302 (H.B. 2594), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsection (b), information or  | 
      
      
        | 
           
			 | 
        material obtained or compiled by the commissioner in relation to an  | 
      
      
        | 
           
			 | 
        examination or investigation by the commissioner or the  | 
      
      
        | 
           
			 | 
        commissioner's representative of a license holder, registrant,  | 
      
      
        | 
           
			 | 
        applicant, or other person under Subtitle B or C, Title 4,  | 
      
      
        | 
           
			 | 
        Subchapter G of Chapter 393, or Chapter 394 is confidential and may  | 
      
      
        | 
           
			 | 
        not be disclosed by the commissioner or an officer or employee of  | 
      
      
        | 
           
			 | 
        the Office of Consumer Credit Commissioner, including: | 
      
      
        | 
           
			 | 
                     (1)  information obtained from a license holder,  | 
      
      
        | 
           
			 | 
        registrant, applicant, or other person examined or investigated  | 
      
      
        | 
           
			 | 
        under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or  | 
      
      
        | 
           
			 | 
        Chapter 394; | 
      
      
        | 
           
			 | 
                     (2)  work performed by the commissioner or the  | 
      
      
        | 
           
			 | 
        commissioner's representative on information obtained from a  | 
      
      
        | 
           
			 | 
        license holder, registrant, applicant, or other person for the  | 
      
      
        | 
           
			 | 
        purposes of an examination or investigation conducted under  | 
      
      
        | 
           
			 | 
        Subtitle B or C, Title 4, Chapter 393 with respect to a credit  | 
      
      
        | 
           
			 | 
        access business, or Chapter 394; | 
      
      
        | 
           
			 | 
                     (3)  a report on an examination or investigation of a  | 
      
      
        | 
           
			 | 
        license holder, registrant, applicant, or other person conducted  | 
      
      
        | 
           
			 | 
        under Subtitle B or C, Title 4, Chapter 393 with respect to a credit  | 
      
      
        | 
           
			 | 
        access business, or Chapter 394; and | 
      
      
        | 
           
			 | 
                     (4)  any written communications between the license  | 
      
      
        | 
           
			 | 
        holder, registrant, applicant, or other person, as applicable, and  | 
      
      
        | 
           
			 | 
        the commissioner or the commissioner's representative relating to  | 
      
      
        | 
           
			 | 
        or referencing an examination or investigation conducted under  | 
      
      
        | 
           
			 | 
        Subtitle B or C, Title 4, Chapter 393 with respect to a credit  | 
      
      
        | 
           
			 | 
        access business, or Chapter 394. | 
      
      
        | 
           
			 | 
        SECTION 8.002.  Section 348.005, Finance Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 348.005.  ITEMIZED CHARGE.  An amount in a retail  | 
      
      
        | 
           
			 | 
        installment contract is an itemized charge if the amount is not  | 
      
      
        | 
           
			 | 
        included in the cash price and is the amount of: | 
      
      
        | 
           
			 | 
                     (1)  fees for registration, certificate of title, and  | 
      
      
        | 
           
			 | 
        license and any additional registration fees charged by a full  | 
      
      
        | 
           
			 | 
        service deputy under Section 520.008 [502.114], Transportation  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (2)  any taxes; | 
      
      
        | 
           
			 | 
                     (3)  fees or charges prescribed by law and connected  | 
      
      
        | 
           
			 | 
        with the sale or inspection of the motor vehicle; and | 
      
      
        | 
           
			 | 
                     (4)  charges authorized for insurance, service  | 
      
      
        | 
           
			 | 
        contracts, warranties, or a debt cancellation agreement by  | 
      
      
        | 
           
			 | 
        Subchapter C. | 
      
      
        | 
           
			 | 
               SECTION 8.003.  Section 353.006, Finance Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 353.006.  ITEMIZED CHARGE.  An amount in a retail  | 
      
      
        | 
           
			 | 
        installment contract is an itemized charge if the amount is not  | 
      
      
        | 
           
			 | 
        included in the cash price and is the amount of: | 
      
      
        | 
           
			 | 
                     (1)  fees for registration, certificate of title, and  | 
      
      
        | 
           
			 | 
        license and any additional registration fees charged by a full  | 
      
      
        | 
           
			 | 
        service deputy under Section 520.008 [502.114], Transportation  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (2)  any taxes; | 
      
      
        | 
           
			 | 
                     (3)  fees or charges prescribed by law and connected  | 
      
      
        | 
           
			 | 
        with the sale or inspection of the commercial vehicle; | 
      
      
        | 
           
			 | 
                     (4)  charges authorized for insurance, service  | 
      
      
        | 
           
			 | 
        contracts, and warranties by Subchapter C; and | 
      
      
        | 
           
			 | 
                     (5)  advances or payments authorized under Section  | 
      
      
        | 
           
			 | 
        353.402(b) or (c) made by the retail seller to or for the benefit of  | 
      
      
        | 
           
			 | 
        the retail buyer. | 
      
      
        | 
           
			 | 
        ARTICLE 9.  CHANGES RELATING TO GOVERNMENT CODE | 
      
      
        | 
           
			 | 
        PART A.  GENERAL CHANGES | 
      
      
        | 
           
			 | 
               SECTION 9.001.  Section 411.091(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Criminal history record information obtained by the  | 
      
      
        | 
           
			 | 
        commission under Subsection (a)  [(a)(1)] may be used only for the  | 
      
      
        | 
           
			 | 
        enforcement and administration of the Alcoholic Beverage Code. | 
      
      
        | 
           
			 | 
               SECTION 9.002.  Section 411.105, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to the repeal of Section 901.412, Occupations Code, by  | 
      
      
        | 
           
			 | 
        Chapter 315 (H.B. 2144), Acts of the 80th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2007, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD  | 
      
      
        | 
           
			 | 
        INFORMATION:  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.  The Texas  | 
      
      
        | 
           
			 | 
        State Board of Public Accountancy is entitled to obtain from the  | 
      
      
        | 
           
			 | 
        department criminal history record information maintained by the  | 
      
      
        | 
           
			 | 
        department that relates to a person who is: | 
      
      
        | 
           
			 | 
                     (1)  an applicant for certification as a certified  | 
      
      
        | 
           
			 | 
        public accountant under Chapter 901, Occupations Code; or | 
      
      
        | 
           
			 | 
                     (2)  an applicant to take the uniform CPA examination  | 
      
      
        | 
           
			 | 
        under that Act[; or
         | 
      
      
        | 
           
			 | 
                     [(3)
           
           
          an applicant to register under Section 901.412, 
         | 
      
      
        | 
           
			 | 
        
          Occupations Code]. | 
      
      
        | 
           
			 | 
               SECTION 9.003.  Section 411.114(a)(3), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 598 (S.B. 218), 1056 (S.B. 221), and 1082 (S.B.  | 
      
      
        | 
           
			 | 
        1178), Acts of the 82nd Legislature, Regular Session, 2011, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
                     (3)  The Department of Family and Protective Services  | 
      
      
        | 
           
			 | 
        is entitled to obtain from the department criminal history record  | 
      
      
        | 
           
			 | 
        information maintained by the department that relates to a person  | 
      
      
        | 
           
			 | 
        who is: | 
      
      
        | 
           
			 | 
                           (A)  a volunteer or applicant volunteer with a  | 
      
      
        | 
           
			 | 
        local affiliate in this state of Big Brothers/Big Sisters of  | 
      
      
        | 
           
			 | 
        America; | 
      
      
        | 
           
			 | 
                           (B)  a volunteer or applicant volunteer with the  | 
      
      
        | 
           
			 | 
        "I Have a Dream/Houston" program; | 
      
      
        | 
           
			 | 
                           (C)  a volunteer or applicant volunteer with an  | 
      
      
        | 
           
			 | 
        organization that provides court-appointed special advocates for  | 
      
      
        | 
           
			 | 
        abused or neglected children; | 
      
      
        | 
           
			 | 
                           (D)  a person providing, at the request of the  | 
      
      
        | 
           
			 | 
        child's parent, in-home care for a child who is the subject of a  | 
      
      
        | 
           
			 | 
        report alleging the child has been abused or neglected; | 
      
      
        | 
           
			 | 
                           (E)  a volunteer or applicant volunteer with a  | 
      
      
        | 
           
			 | 
        Texas chapter of the Make-a-Wish Foundation of America; | 
      
      
        | 
           
			 | 
                           (F)  a person providing, at the request of the  | 
      
      
        | 
           
			 | 
        child's parent, in-home care for a child only if the person gives  | 
      
      
        | 
           
			 | 
        written consent to the release and disclosure of the information; | 
      
      
        | 
           
			 | 
                           (G)  a child who is related to the caretaker, as  | 
      
      
        | 
           
			 | 
        determined under Section 42.002, Human Resources Code, and who  | 
      
      
        | 
           
			 | 
        resides in or is present in a child-care facility or family home,  | 
      
      
        | 
           
			 | 
        other than a child described by Subdivision (2)(C), or any other  | 
      
      
        | 
           
			 | 
        person who has unsupervised access to a child in the care of a  | 
      
      
        | 
           
			 | 
        child-care facility or family home; | 
      
      
        | 
           
			 | 
                           (H)  an applicant for a position with the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services, other than a position  | 
      
      
        | 
           
			 | 
        described by Subdivision (2)(D), regardless of the duties of the  | 
      
      
        | 
           
			 | 
        position; | 
      
      
        | 
           
			 | 
                           (I)  a volunteer or applicant volunteer with the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services, other than a  | 
      
      
        | 
           
			 | 
        registered volunteer, regardless of the duties to be performed; | 
      
      
        | 
           
			 | 
                           (J)  a person providing or applying to provide  | 
      
      
        | 
           
			 | 
        in-home, adoptive, or foster care for children to the extent  | 
      
      
        | 
           
			 | 
        necessary to comply with Subchapter B, Chapter 162, Family Code; | 
      
      
        | 
           
			 | 
                           (K)  a Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services employee, other than an employee described by Subdivision  | 
      
      
        | 
           
			 | 
        (2)(H), regardless of the duties of the employee's position; | 
      
      
        | 
           
			 | 
                           (L)  a relative of a child in the care of the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services, to the extent  | 
      
      
        | 
           
			 | 
        necessary to comply with Section 162.007, Family Code; | 
      
      
        | 
           
			 | 
                           (M)  a person, other than an alleged perpetrator  | 
      
      
        | 
           
			 | 
        in a report described in Subdivision (2)(I), living in the  | 
      
      
        | 
           
			 | 
        residence in which the alleged victim of the report resides; | 
      
      
        | 
           
			 | 
                           (N)  a contractor or an employee of a contractor  | 
      
      
        | 
           
			 | 
        who delivers services to a ward of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services under a contract with the estate of the ward; | 
      
      
        | 
           
			 | 
                           (O)  a person who seeks unsupervised visits with a  | 
      
      
        | 
           
			 | 
        ward of the Department of Family and Protective Services, including  | 
      
      
        | 
           
			 | 
        a relative of the ward; | 
      
      
        | 
           
			 | 
                           (P)  an employee, volunteer, or applicant  | 
      
      
        | 
           
			 | 
        volunteer of a children's advocacy center under Subchapter E,  | 
      
      
        | 
           
			 | 
        Chapter 264, Family Code, including a member of the governing board  | 
      
      
        | 
           
			 | 
        of a center; [or] | 
      
      
        | 
           
			 | 
                           (Q)  an employee of, an applicant for employment  | 
      
      
        | 
           
			 | 
        with, or a volunteer or an applicant volunteer with an entity or  | 
      
      
        | 
           
			 | 
        person that contracts with the Department of Family and Protective  | 
      
      
        | 
           
			 | 
        Services and has access to confidential information in the  | 
      
      
        | 
           
			 | 
        department's records, if the employee, applicant, volunteer, or  | 
      
      
        | 
           
			 | 
        applicant volunteer has or will have access to that confidential  | 
      
      
        | 
           
			 | 
        information; | 
      
      
        | 
           
			 | 
                           (R) [(Q)]  an employee of or volunteer at, or an  | 
      
      
        | 
           
			 | 
        applicant for employment with or to be a volunteer at, an entity  | 
      
      
        | 
           
			 | 
        that provides supervised independent living services to a young  | 
      
      
        | 
           
			 | 
        adult receiving extended foster care services from the Department  | 
      
      
        | 
           
			 | 
        of Family and Protective Services; or | 
      
      
        | 
           
			 | 
                           (S) [(R)]  a person 14 years of age or older who  | 
      
      
        | 
           
			 | 
        will be regularly or frequently working or staying in a host home  | 
      
      
        | 
           
			 | 
        that is providing supervised independent living services to a young  | 
      
      
        | 
           
			 | 
        adult receiving extended foster care services from the Department  | 
      
      
        | 
           
			 | 
        of Family and Protective Services. | 
      
      
        | 
           
			 | 
               SECTION 9.004.  Section 411.135(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to update a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Any person is entitled to obtain from the department: | 
      
      
        | 
           
			 | 
                     (1)  any information described as public information  | 
      
      
        | 
           
			 | 
        under Chapter 62, Code of Criminal Procedure, [as added by Chapter 
         | 
      
      
        | 
           
			 | 
        
          668, Acts of the 75th Legislature, Regular Session, 1997,]  | 
      
      
        | 
           
			 | 
        including, to the extent available, a recent photograph of each  | 
      
      
        | 
           
			 | 
        person subject to registration under that chapter; and | 
      
      
        | 
           
			 | 
                     (2)  criminal history record information maintained by  | 
      
      
        | 
           
			 | 
        the department that relates to the conviction of or a grant of  | 
      
      
        | 
           
			 | 
        deferred adjudication to a person for any criminal offense,  | 
      
      
        | 
           
			 | 
        including arrest information that relates to the conviction or  | 
      
      
        | 
           
			 | 
        grant of deferred adjudication. | 
      
      
        | 
           
			 | 
               SECTION 9.005.  The heading to Section 413.016, Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 413.016.  [REPORT ON] INMATE RELEASE STATISTICS. | 
      
      
        | 
           
			 | 
               SECTION 9.006.  Section 419.907(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (a)  To the extent feasible, the commission, the state fire  | 
      
      
        | 
           
			 | 
        marshal, and the Texas Forest Service shall colocate office space  | 
      
      
        | 
           
			 | 
        outside of Travis County used for related functions performed  | 
      
      
        | 
           
			 | 
        [preformed] by the three entities. | 
      
      
        | 
           
			 | 
               SECTION 9.007.  Section 432.068(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A person charged with any offense is not liable to be  | 
      
      
        | 
           
			 | 
        tried by court-martial or punished under Section 432.015 [432.021]  | 
      
      
        | 
           
			 | 
        if the offense was committed more than two years before the date of  | 
      
      
        | 
           
			 | 
        receipt of sworn charges and specifications by an officer  | 
      
      
        | 
           
			 | 
        exercising summary court-martial jurisdiction over the command, or  | 
      
      
        | 
           
			 | 
        before the imposition of punishment under Section 432.015  | 
      
      
        | 
           
			 | 
        [432.021]. | 
      
      
        | 
           
			 | 
               SECTION 9.008.  Section 432.094(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The keepers, officers, and wardens of city or county  | 
      
      
        | 
           
			 | 
        jails and other jails, penitentiaries, or prisons designated by the  | 
      
      
        | 
           
			 | 
        governor or by a person authorized by the governor to act under  | 
      
      
        | 
           
			 | 
        Section 432.011 [432.014], shall receive persons ordered into  | 
      
      
        | 
           
			 | 
        confinement before trial and persons committed to confinement by a  | 
      
      
        | 
           
			 | 
        military court and shall confine them according to law.  The keeper,  | 
      
      
        | 
           
			 | 
        officer, or warden may not require payment of a fee or charge for  | 
      
      
        | 
           
			 | 
        receiving or confining a person. | 
      
      
        | 
           
			 | 
               SECTION 9.009.  Section 442.007, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 442.007.  STATE ARCHEOLOGICAL PROGRAM.  (a)  The  | 
      
      
        | 
           
			 | 
        commission, through the state archeologist, shall direct the state  | 
      
      
        | 
           
			 | 
        archeological program. | 
      
      
        | 
           
			 | 
               (b)  The program must include: | 
      
      
        | 
           
			 | 
                     (1)  a continuing inventory of nonrenewable  | 
      
      
        | 
           
			 | 
        archeological resources; | 
      
      
        | 
           
			 | 
                     (2)  evaluation of known sites through testing and  | 
      
      
        | 
           
			 | 
        excavation; | 
      
      
        | 
           
			 | 
                     (3)  maintenance of extensive field and laboratory  | 
      
      
        | 
           
			 | 
        data, including data on collections of antiquities; | 
      
      
        | 
           
			 | 
                     (4)  consultation with state agencies and  | 
      
      
        | 
           
			 | 
        organizations and local groups concerning archeological and  | 
      
      
        | 
           
			 | 
        historical problems; and | 
      
      
        | 
           
			 | 
                     (5)  publication of the results of the program through  | 
      
      
        | 
           
			 | 
        various sources, including a regular series of reports. | 
      
      
        | 
           
			 | 
               (c)  The commission may enter into contracts or cooperative  | 
      
      
        | 
           
			 | 
        agreements with the federal government, other state agencies, state  | 
      
      
        | 
           
			 | 
        or private museums or educational institutions, or qualified  | 
      
      
        | 
           
			 | 
        individuals for prehistoric or historic archeological  | 
      
      
        | 
           
			 | 
        investigations, surveys, excavations, or restorations in this  | 
      
      
        | 
           
			 | 
        state. | 
      
      
        | 
           
			 | 
               (d)  The state archeologist has general jurisdiction and  | 
      
      
        | 
           
			 | 
        supervision over archeological work, reports, surveys,  | 
      
      
        | 
           
			 | 
        excavations, and archeological programs of the commission and of  | 
      
      
        | 
           
			 | 
        cooperating state agencies. | 
      
      
        | 
           
			 | 
               (e)  The duties of the state archeologist include: | 
      
      
        | 
           
			 | 
                     (1)  maintaining an inventory of significant historic  | 
      
      
        | 
           
			 | 
        or prehistoric sites of archeological or historic interest; | 
      
      
        | 
           
			 | 
                     (2)  providing public information and education in the  | 
      
      
        | 
           
			 | 
        fields of archeology and history; | 
      
      
        | 
           
			 | 
                     (3)  conducting surveys and excavations with respect to  | 
      
      
        | 
           
			 | 
        significant archeological or historic sites in this state; | 
      
      
        | 
           
			 | 
                     (4)  preparing reports and publications concerning the  | 
      
      
        | 
           
			 | 
        work of the office of the state archeologist; | 
      
      
        | 
           
			 | 
                     (5)  doing cooperative and contract work in prehistoric  | 
      
      
        | 
           
			 | 
        and historic archeology with other state agencies, the federal  | 
      
      
        | 
           
			 | 
        government, state or private institutions, or individuals; | 
      
      
        | 
           
			 | 
                     (6)  maintaining and determining the repository of  | 
      
      
        | 
           
			 | 
        catalogued collections of artifacts and other materials of  | 
      
      
        | 
           
			 | 
        archeological or historic interest; and | 
      
      
        | 
           
			 | 
                     (7)  preserving the archeological and historical  | 
      
      
        | 
           
			 | 
        heritage of this state. | 
      
      
        | 
           
			 | 
               (f) [(e)]  The state archeologist shall withhold from  | 
      
      
        | 
           
			 | 
        disclosure to the public information relating to the location or  | 
      
      
        | 
           
			 | 
        character of archeological or historic resources if the state  | 
      
      
        | 
           
			 | 
        archeologist determines that the disclosure of the information may  | 
      
      
        | 
           
			 | 
        create a substantial risk of harm, theft, or destruction to the  | 
      
      
        | 
           
			 | 
        resources or to the area or place where the resources are located. | 
      
      
        | 
           
			 | 
               SECTION 9.010.  Section 499.027(b), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (b)  An inmate is not eligible under this subchapter to be  | 
      
      
        | 
           
			 | 
        considered for release to intensive supervision parole if: | 
      
      
        | 
           
			 | 
                     (1)  the inmate is awaiting transfer to the  | 
      
      
        | 
           
			 | 
        institutional division, or serving a sentence, for an offense for  | 
      
      
        | 
           
			 | 
        which the judgment contains an affirmative finding under Section  | 
      
      
        | 
           
			 | 
        3g(a)(2), Article 42.12, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (2)  the inmate is awaiting transfer to the  | 
      
      
        | 
           
			 | 
        institutional division, or serving a sentence, for an offense  | 
      
      
        | 
           
			 | 
        listed in one of the following sections of the Penal Code: | 
      
      
        | 
           
			 | 
                           (A)  Section 19.02 (murder); | 
      
      
        | 
           
			 | 
                           (B)  Section 19.03 (capital murder); | 
      
      
        | 
           
			 | 
                           (C)  Section 19.04 (manslaughter); | 
      
      
        | 
           
			 | 
                           (D)  Section 20.03 (kidnapping); | 
      
      
        | 
           
			 | 
                           (E)  Section 20.04 (aggravated kidnapping); | 
      
      
        | 
           
			 | 
                           (F)  Section 21.11 (indecency with a child); | 
      
      
        | 
           
			 | 
                           (G)  Section 22.011 (sexual assault); | 
      
      
        | 
           
			 | 
                           (H)  Section 22.02 (aggravated assault); | 
      
      
        | 
           
			 | 
                           (I)  Section 22.021 (aggravated sexual assault); | 
      
      
        | 
           
			 | 
                           (J)  Section 22.04 (injury to a child, elderly  | 
      
      
        | 
           
			 | 
        individual, or disabled individual); | 
      
      
        | 
           
			 | 
                           (K)  Section 25.02 (prohibited sexual conduct); | 
      
      
        | 
           
			 | 
                           (L)  Section 25.08 (sale or purchase of a child); | 
      
      
        | 
           
			 | 
                           (M)  Section 28.02 (arson); | 
      
      
        | 
           
			 | 
                           (N)  Section 29.02 (robbery); | 
      
      
        | 
           
			 | 
                           (O)  Section 29.03 (aggravated robbery); | 
      
      
        | 
           
			 | 
                           (P)  Section 30.02 (burglary), if the offense is  | 
      
      
        | 
           
			 | 
        punished as a first-degree felony under that section; | 
      
      
        | 
           
			 | 
                           (Q)  Section 43.04 (aggravated promotion of  | 
      
      
        | 
           
			 | 
        prostitution); | 
      
      
        | 
           
			 | 
                           (R)  Section 43.05 (compelling prostitution); | 
      
      
        | 
           
			 | 
                           (S)  Section 43.24 (sale, distribution, or  | 
      
      
        | 
           
			 | 
        display of harmful material to minor); | 
      
      
        | 
           
			 | 
                           (T)  Section 43.25 (sexual performance by a  | 
      
      
        | 
           
			 | 
        child); | 
      
      
        | 
           
			 | 
                           (U)  Section 46.10 (deadly weapon in penal  | 
      
      
        | 
           
			 | 
        institution); | 
      
      
        | 
           
			 | 
                           (V)  Section 15.01 (criminal attempt), if the  | 
      
      
        | 
           
			 | 
        offense attempted is listed in this subsection; | 
      
      
        | 
           
			 | 
                           (W)  Section 15.02 (criminal conspiracy), if the  | 
      
      
        | 
           
			 | 
        offense that is the subject of the conspiracy is listed in this  | 
      
      
        | 
           
			 | 
        subsection; | 
      
      
        | 
           
			 | 
                           (X)  Section 15.03 (criminal solicitation), if  | 
      
      
        | 
           
			 | 
        the offense solicited is listed in this subsection; | 
      
      
        | 
           
			 | 
                           (Y)  Section 21.02 (continuous sexual abuse of  | 
      
      
        | 
           
			 | 
        young child or children); [or] | 
      
      
        | 
           
			 | 
                           (Z)  Section 20A.02 (trafficking of persons); or | 
      
      
        | 
           
			 | 
                           (AA) [(Z)]  Section 20A.03 (continuous  | 
      
      
        | 
           
			 | 
        trafficking of persons); or | 
      
      
        | 
           
			 | 
                     (3)  the inmate is awaiting transfer to the  | 
      
      
        | 
           
			 | 
        institutional division, or serving a sentence, for an offense under  | 
      
      
        | 
           
			 | 
        Chapter 481, Health and Safety Code, punishable by a minimum term of  | 
      
      
        | 
           
			 | 
        imprisonment or a maximum fine that is greater than the minimum term  | 
      
      
        | 
           
			 | 
        of imprisonment or the maximum fine for a first degree felony. | 
      
      
        | 
           
			 | 
               SECTION 9.011.  Section 508.149(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (a)  An inmate may not be released to mandatory supervision  | 
      
      
        | 
           
			 | 
        if the inmate is serving a sentence for or has been previously  | 
      
      
        | 
           
			 | 
        convicted of: | 
      
      
        | 
           
			 | 
                     (1)  an offense for which the judgment contains an  | 
      
      
        | 
           
			 | 
        affirmative finding under Section 3g(a)(2), Article 42.12, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (2)  a first degree felony or a second degree felony  | 
      
      
        | 
           
			 | 
        under Section 19.02, Penal Code; | 
      
      
        | 
           
			 | 
                     (3)  a capital felony under Section 19.03, Penal Code; | 
      
      
        | 
           
			 | 
                     (4)  a first degree felony or a second degree felony  | 
      
      
        | 
           
			 | 
        under Section 20.04, Penal Code; | 
      
      
        | 
           
			 | 
                     (5)  an offense under Section 21.11, Penal Code; | 
      
      
        | 
           
			 | 
                     (6)  a felony under Section 22.011, Penal Code; | 
      
      
        | 
           
			 | 
                     (7)  a first degree felony or a second degree felony  | 
      
      
        | 
           
			 | 
        under Section 22.02, Penal Code; | 
      
      
        | 
           
			 | 
                     (8)  a first degree felony under Section 22.021, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (9)  a first degree felony under Section 22.04, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (10)  a first degree felony under Section 28.02, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (11)  a second degree felony under Section 29.02, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (12)  a first degree felony under Section 29.03, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (13)  a first degree felony under Section 30.02, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (14)  a felony for which the punishment is increased  | 
      
      
        | 
           
			 | 
        under Section 481.134 or Section 481.140, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (15)  an offense under Section 43.25, Penal Code; | 
      
      
        | 
           
			 | 
                     (16)  an offense under Section 21.02, Penal Code; | 
      
      
        | 
           
			 | 
                     (17)  a first degree felony under Section 15.03, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (18)  an offense under Section 43.05, Penal Code; [or] | 
      
      
        | 
           
			 | 
                     (19)  an offense under Section 20A.02, Penal Code; or | 
      
      
        | 
           
			 | 
                     (20) [(18)]  an offense under Section 20A.03, Penal  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               SECTION 9.012.  Section 535.051(b), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 298 (H.B. 1965) and 1176 (H.B. 3278), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The chief administrative officer of each of the  | 
      
      
        | 
           
			 | 
        following state agencies, in consultation with the governor, shall  | 
      
      
        | 
           
			 | 
        designate one employee from the agency to serve as a liaison for  | 
      
      
        | 
           
			 | 
        faith- and community-based organizations: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Department of Rural Affairs; | 
      
      
        | 
           
			 | 
                     (2)  the Texas Commission on Environmental Quality; | 
      
      
        | 
           
			 | 
                     (3)  the Texas Department of Criminal Justice; | 
      
      
        | 
           
			 | 
                     (4)  the Texas Department of Housing and Community  | 
      
      
        | 
           
			 | 
        Affairs; | 
      
      
        | 
           
			 | 
                     (5)  the Texas Juvenile Justice Department [Probation 
         | 
      
      
        | 
           
			 | 
        
          Commission]; | 
      
      
        | 
           
			 | 
                     (6)  the Texas Veterans Commission; | 
      
      
        | 
           
			 | 
                     (7)  the Texas Workforce Commission; | 
      
      
        | 
           
			 | 
                     (8)  [the Texas Youth Commission;
         | 
      
      
        | 
           
			 | 
                     [(10)]  the office of the governor; | 
      
      
        | 
           
			 | 
                     (9) [(11)]  the Department of Public Safety; | 
      
      
        | 
           
			 | 
                     (10) [(12)]  the Texas Department of Insurance; | 
      
      
        | 
           
			 | 
                     (11) [(13)]  the Public Utility Commission of Texas; | 
      
      
        | 
           
			 | 
                     (12) [(14)]  the office of the attorney general; | 
      
      
        | 
           
			 | 
                     (13) [(15)]  the Department of Agriculture; | 
      
      
        | 
           
			 | 
                     (14) [(16)]  the office of the comptroller; | 
      
      
        | 
           
			 | 
                     (15) [(17)]  the Department of Information Resources; | 
      
      
        | 
           
			 | 
                     (16) [(18)]  the Office of State-Federal Relations; | 
      
      
        | 
           
			 | 
                     (17) [(19)]  the office of the secretary of state; and | 
      
      
        | 
           
			 | 
                     (18) [(20)]  other state agencies as determined by the  | 
      
      
        | 
           
			 | 
        governor. | 
      
      
        | 
           
			 | 
               SECTION 9.013.  Section 551.0415, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 1007 (H.B. 2313) and 1341 (S.B. 1233), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 551.0415.  GOVERNING BODY OF MUNICIPALITY OR COUNTY:   | 
      
      
        | 
           
			 | 
        REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION  | 
      
      
        | 
           
			 | 
        WILL BE TAKEN.  (a)  Notwithstanding Sections 551.041 and 551.042,  | 
      
      
        | 
           
			 | 
        a quorum of the governing body of a municipality or county may  | 
      
      
        | 
           
			 | 
        receive from [municipal or county] staff of the political  | 
      
      
        | 
           
			 | 
        subdivision and a member of the governing body may make a report  | 
      
      
        | 
           
			 | 
        about items of community interest during a meeting of the governing  | 
      
      
        | 
           
			 | 
        body without having given notice of the subject of the report as  | 
      
      
        | 
           
			 | 
        required by this subchapter if no action is taken and, except as  | 
      
      
        | 
           
			 | 
        provided by Section 551.042, possible action is not discussed  | 
      
      
        | 
           
			 | 
        regarding the information provided in the report. | 
      
      
        | 
           
			 | 
               (b)  For purposes of Subsection (a), "items of community  | 
      
      
        | 
           
			 | 
        interest" includes: | 
      
      
        | 
           
			 | 
                     (1)  expressions of thanks, congratulations, or  | 
      
      
        | 
           
			 | 
        condolence; | 
      
      
        | 
           
			 | 
                     (2)  information regarding holiday schedules; | 
      
      
        | 
           
			 | 
                     (3)  an honorary or salutary recognition of a public  | 
      
      
        | 
           
			 | 
        official, public employee, or other citizen, except that a  | 
      
      
        | 
           
			 | 
        discussion regarding a change in the status of a person's public  | 
      
      
        | 
           
			 | 
        office or public employment is not an honorary or salutary  | 
      
      
        | 
           
			 | 
        recognition for purposes of this subdivision; | 
      
      
        | 
           
			 | 
                     (4)  a reminder about an upcoming event organized or  | 
      
      
        | 
           
			 | 
        sponsored by the governing body; | 
      
      
        | 
           
			 | 
                     (5)  information regarding a social, ceremonial, or  | 
      
      
        | 
           
			 | 
        community event organized or sponsored by an entity other than the  | 
      
      
        | 
           
			 | 
        governing body that was attended or is scheduled to be attended by a  | 
      
      
        | 
           
			 | 
        member of the governing body or an official or employee of the  | 
      
      
        | 
           
			 | 
        political subdivision [municipality or county]; and | 
      
      
        | 
           
			 | 
                     (6)  announcements involving an imminent threat to the  | 
      
      
        | 
           
			 | 
        public health and safety of people in the political subdivision  | 
      
      
        | 
           
			 | 
        [municipality or county] that has arisen after the posting of the  | 
      
      
        | 
           
			 | 
        agenda. | 
      
      
        | 
           
			 | 
               SECTION 9.014.  The heading to Section 552.274, Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 552.274.  REPORT [REPORTS] BY ATTORNEY GENERAL [AND 
         | 
      
      
        | 
           
			 | 
        
          STATE AGENCIES] ON COST OF COPIES. | 
      
      
        | 
           
			 | 
               SECTION 9.015.  Section 814.0096(b), Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 280 (H.B. 1608), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        814.0096(b), Government Code, as added by Chapter 1249 (S.B. 1664),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 9.016.  Section 814.0096(d), Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapters 280 (H.B. 1608) and 1249 (S.B. 1664), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  If necessary, the board of trustees and the state  | 
      
      
        | 
           
			 | 
        employee charitable campaign policy committee may make the annuity  | 
      
      
        | 
           
			 | 
        deduction authorization under Section 814.0095(a) available in  | 
      
      
        | 
           
			 | 
        stages to subgroups of the retirement system's annuity recipients  | 
      
      
        | 
           
			 | 
        as money becomes available to cover the expenses under Subsection  | 
      
      
        | 
           
			 | 
        (b) of this section. | 
      
      
        | 
           
			 | 
               SECTION 9.017.  The heading to Subchapter G, Chapter 1473,  | 
      
      
        | 
           
			 | 
        Government Code, is amended to conform to changes made to that  | 
      
      
        | 
           
			 | 
        subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER G.  BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A  | 
      
      
        | 
           
			 | 
        POPULATION OF MORE THAN 1.5 MILLION [900,000] | 
      
      
        | 
           
			 | 
               SECTION 9.018.  The heading to Subchapter H, Chapter 1473,  | 
      
      
        | 
           
			 | 
        Government Code, is amended to conform to changes made to that  | 
      
      
        | 
           
			 | 
        subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER H.  CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION  | 
      
      
        | 
           
			 | 
        FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION  | 
      
      
        | 
           
			 | 
        [900,000] | 
      
      
        | 
           
			 | 
               SECTION 9.019.  Section 2155.150(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The Railroad Commission of Texas is delegated all  | 
      
      
        | 
           
			 | 
        purchasing functions relating to purchases under: | 
      
      
        | 
           
			 | 
                     (1)  Chapter 89, Natural Resources Code; or | 
      
      
        | 
           
			 | 
                     (2)  Sections 81.067 and 81.068 [91.111 and 91.112],  | 
      
      
        | 
           
			 | 
        Natural Resources Code. | 
      
      
        | 
           
			 | 
               SECTION 9.020.  Section 2157.0611, Government Code, is  | 
      
      
        | 
           
			 | 
        repealed to conform to the repeal of Section 2157.0611 by Chapter  | 
      
      
        | 
           
			 | 
        1081 (H.B. 2918), Acts of the 80th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2007, and to the other changes made by Chapter 1081 to Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 2157, Government Code. | 
      
      
        | 
           
			 | 
        PART B.  UPDATE OF COURT FEES AND COSTS | 
      
      
        | 
           
			 | 
               SECTION 9.101.  (a)  Section 101.0611, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, 1st Called Session, 2011, and is further amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a district court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees for: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  when administering a case for the Rockwall County  | 
      
      
        | 
           
			 | 
        Court at Law (Sec. 25.2012, Government Code) . . . civil fees and  | 
      
      
        | 
           
			 | 
        court costs as if the case had been filed in district court; | 
      
      
        | 
           
			 | 
                     (3)  additional filing fees: | 
      
      
        | 
           
			 | 
                           (A)  for each suit filed for insurance contingency  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec. 51.302,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; and | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                     (4)  for filing a suit, including an appeal from an  | 
      
      
        | 
           
			 | 
        inferior court: | 
      
      
        | 
           
			 | 
                           (A)  for a suit with 10 or fewer plaintiffs (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                           (B)  for a suit with at least 11 but not more than  | 
      
      
        | 
           
			 | 
        25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                           (C)  for a suit with at least 26 but not more than  | 
      
      
        | 
           
			 | 
        100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                           (D)  for a suit with at least 101 but not more than  | 
      
      
        | 
           
			 | 
        500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
      
        | 
           
			 | 
                           (E)  for a suit with at least 501 but not more than  | 
      
      
        | 
           
			 | 
        1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
      
        | 
           
			 | 
                           (F)  for a suit with more than 1,000 plaintiffs  | 
      
      
        | 
           
			 | 
        (Sec. 51.317, Government Code) . . . $200; | 
      
      
        | 
           
			 | 
                     (5)  for filing a cross-action, counterclaim,  | 
      
      
        | 
           
			 | 
        intervention, contempt action, motion for new trial, or third-party  | 
      
      
        | 
           
			 | 
        petition (Sec. 51.317, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (6)  for issuing a citation or other writ or process not  | 
      
      
        | 
           
			 | 
        otherwise provided for, including one copy, when requested at the  | 
      
      
        | 
           
			 | 
        time a suit or action is filed (Sec. 51.317, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $8; | 
      
      
        | 
           
			 | 
                     (7)  for records management and preservation (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (7-a)  for district court records archiving, if adopted  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 51.317(b)(5), Government  | 
      
      
        | 
           
			 | 
        Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (8)  for issuing a subpoena, including one copy (Sec.  | 
      
      
        | 
           
			 | 
        51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (9)  for issuing a citation, commission for deposition,  | 
      
      
        | 
           
			 | 
        writ of execution, order of sale, writ of execution and order of  | 
      
      
        | 
           
			 | 
        sale, writ of injunction, writ of garnishment, writ of attachment,  | 
      
      
        | 
           
			 | 
        or writ of sequestration not provided for in Section 51.317, or any  | 
      
      
        | 
           
			 | 
        other writ or process not otherwise provided for, including one  | 
      
      
        | 
           
			 | 
        copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (10)  for searching files or records to locate a cause  | 
      
      
        | 
           
			 | 
        when the docket number is not provided (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (11)  for searching files or records to ascertain the  | 
      
      
        | 
           
			 | 
        existence of an instrument or record in the district clerk's office  | 
      
      
        | 
           
			 | 
        (Sec. 51.318, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (12)  for abstracting a judgment (Sec. 51.318,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (13)  for approving a bond (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $4; | 
      
      
        | 
           
			 | 
                     (14)  for a certified copy of a record, judgment,  | 
      
      
        | 
           
			 | 
        order, pleading, or paper on file or of record in the district  | 
      
      
        | 
           
			 | 
        clerk's office, including certificate and seal, for each page or  | 
      
      
        | 
           
			 | 
        part of a page (Sec. 51.318, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                     (15)  for a noncertified copy, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
      
        | 
           
			 | 
                     (16)  fee for performing a service: | 
      
      
        | 
           
			 | 
                           (A)  related to the matter of the estate of a  | 
      
      
        | 
           
			 | 
        deceased person (Sec. 51.319, Government Code) . . . the same fee  | 
      
      
        | 
           
			 | 
        allowed the county clerk for those services; | 
      
      
        | 
           
			 | 
                           (B)  related to the matter of a minor (Sec.  | 
      
      
        | 
           
			 | 
        51.319, Government Code) . . . the same fee allowed the county  | 
      
      
        | 
           
			 | 
        clerk for the service; | 
      
      
        | 
           
			 | 
                           (C)  of serving process by certified or registered  | 
      
      
        | 
           
			 | 
        mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or  | 
      
      
        | 
           
			 | 
        constable is authorized to charge for the service under Section  | 
      
      
        | 
           
			 | 
        118.131, Local Government Code; and | 
      
      
        | 
           
			 | 
                           (D)  prescribed or authorized by law but for which  | 
      
      
        | 
           
			 | 
        no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | 
      
      
        | 
           
			 | 
                     (17)  jury fee (Sec. 51.604, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $30; | 
      
      
        | 
           
			 | 
                     (18)  additional filing fee for family protection on  | 
      
      
        | 
           
			 | 
        filing a suit for dissolution of a marriage under Chapter 6, Family  | 
      
      
        | 
           
			 | 
        Code (Sec. 51.961, Government Code) . . . not to exceed $15; and | 
      
      
        | 
           
			 | 
                     (19)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code [in Dallas 
         | 
      
      
        | 
           
			 | 
        
          County], a court cost to preserve the record, in the absence of a  | 
      
      
        | 
           
			 | 
        court reporter, by any [other] means approved by the associate  | 
      
      
        | 
           
			 | 
        judge (Sec. 54A.110 [54.509], Government Code) . . . as assessed by  | 
      
      
        | 
           
			 | 
        the referring court or associate judge[; and
         | 
      
      
        | 
           
			 | 
                     [(20)
           
           
          at a hearing held by an associate judge in Duval 
         | 
      
      
        | 
           
			 | 
        
          County, a court cost to preserve the record (Sec. 54.1151, 
         | 
      
      
        | 
           
			 | 
        
          Government Code) .
           
          .
           
          . as imposed by the referring court or 
         | 
      
      
        | 
           
			 | 
        
          associate judge]. | 
      
      
        | 
           
			 | 
               (b)  Section 101.06119, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.102.  (a)  Section 101.0811, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, 1st Called Session, 2011, and is further amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory county court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  an official court reporter fee, County Court at  | 
      
      
        | 
           
			 | 
        Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (3)  in Brazoria County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, fees (Sec. 25.0222,  | 
      
      
        | 
           
			 | 
        Government Code) . . . as prescribed by law for district judges  | 
      
      
        | 
           
			 | 
        according to the nature of the matter; | 
      
      
        | 
           
			 | 
                     (4)  a court reporter fee when testimony is taken in a  | 
      
      
        | 
           
			 | 
        county court at law in McLennan County (Sec. 25.1572, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (5)  a stenographer fee, if a record or part of a record  | 
      
      
        | 
           
			 | 
        is made: | 
      
      
        | 
           
			 | 
                           (A)  in a county court at law in Hidalgo County  | 
      
      
        | 
           
			 | 
        (Sec. 25.1102, Government Code) . . . $20; and | 
      
      
        | 
           
			 | 
                           (B)  in a county court at law in Nolan County (Sec.  | 
      
      
        | 
           
			 | 
        25.1792, Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                     (6)  jury fee (Sec. 51.604, Government Code) . . . $22; | 
      
      
        | 
           
			 | 
                     (7)  an additional filing fee: | 
      
      
        | 
           
			 | 
                           (A)  for each civil case filed to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.702, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; and | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                     (8)  the official court reporter's fee taxed as costs in  | 
      
      
        | 
           
			 | 
        civil actions in a statutory county court: | 
      
      
        | 
           
			 | 
                           (A)  in Bexar County Courts at Law  Nos. 3, 4, 5,  | 
      
      
        | 
           
			 | 
        6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                           (B)  in Galveston County (Sec. 25.0862,  | 
      
      
        | 
           
			 | 
        Government Code) . . . taxed in the same manner as the fee is taxed  | 
      
      
        | 
           
			 | 
        in civil cases in the district courts; and | 
      
      
        | 
           
			 | 
                           (C)  in Parker County (Sec. 25.1862, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in civil  | 
      
      
        | 
           
			 | 
        cases in the district courts; | 
      
      
        | 
           
			 | 
                     (9)  a stenographer's fee as costs in each civil,  | 
      
      
        | 
           
			 | 
        criminal, and probate case in which a record is made by the official  | 
      
      
        | 
           
			 | 
        court reporter in a statutory county court in Nolan County (Sec.  | 
      
      
        | 
           
			 | 
        25.1792, Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                     (10)  in Nueces County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, with certain exceptions, fees  | 
      
      
        | 
           
			 | 
        (Sec. 25.1802, Government Code) . . . equal to those in district  | 
      
      
        | 
           
			 | 
        court cases; [and] | 
      
      
        | 
           
			 | 
                     (11)  a fee not otherwise listed in this subchapter  | 
      
      
        | 
           
			 | 
        that is required to be collected under Section 25.0008, Government  | 
      
      
        | 
           
			 | 
        Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,  | 
      
      
        | 
           
			 | 
        Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,  | 
      
      
        | 
           
			 | 
        Victoria, and Williamson . . . as prescribed by law relating to  | 
      
      
        | 
           
			 | 
        county judges' fees; and | 
      
      
        | 
           
			 | 
                     (12)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge. | 
      
      
        | 
           
			 | 
               (b)  Section 101.08116, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.103.  (a)  Section 101.1011, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, 1st Called Session, 2011, and is further amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory probate court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  additional filing fees as follows: | 
      
      
        | 
           
			 | 
                           (A)  for certain cases to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for support of the judiciary (Sec. 51.704,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; and | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                     (3)  jury fee for civil case (Sec. 51.604, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $22; | 
      
      
        | 
           
			 | 
                     (4)  the expense of preserving the record as a court  | 
      
      
        | 
           
			 | 
        cost, if imposed on a party by the referring court or associate  | 
      
      
        | 
           
			 | 
        judge (Sec. 54A.211 [54.612], Government Code) . . . actual cost;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (5)  a fee not otherwise listed in this subchapter that  | 
      
      
        | 
           
			 | 
        is required to be collected under Section 25.0029, Government Code  | 
      
      
        | 
           
			 | 
        (Sec. 25.0029, Government Code) . . . as prescribed by law relating  | 
      
      
        | 
           
			 | 
        to county judges' fees. | 
      
      
        | 
           
			 | 
               (b)  Section 101.10115, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.104.  (a)  Section 101.1212, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a county court shall collect the following fees  | 
      
      
        | 
           
			 | 
        and costs under the Government Code: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  a jury fee (Sec. 51.604, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $22; | 
      
      
        | 
           
			 | 
                     (3)  a filing fee in each civil case filed to be used  | 
      
      
        | 
           
			 | 
        for court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.703, Government Code) . . . $40; and | 
      
      
        | 
           
			 | 
                     (4)  a filing fee to fund the preservation of court  | 
      
      
        | 
           
			 | 
        records (Sec. 51.708, Government Code) . . . not more than $10. | 
      
      
        | 
           
			 | 
               (b)  Section 101.12125, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.105.  Section 103.0211, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, 1st Called Session, 2011, and is further amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  GOVERNMENT CODE.  An accused or defendant, or a party  | 
      
      
        | 
           
			 | 
        to a civil suit, as applicable, shall pay the following fees and  | 
      
      
        | 
           
			 | 
        costs under the Government Code if ordered by the court or otherwise  | 
      
      
        | 
           
			 | 
        required: | 
      
      
        | 
           
			 | 
                     (1)  a court reporter fee when testimony is taken: | 
      
      
        | 
           
			 | 
                           (A)  in a criminal court in Dallas County (Sec.  | 
      
      
        | 
           
			 | 
        25.0593, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                           (B)  in a county criminal court of appeals in  | 
      
      
        | 
           
			 | 
        Dallas County (Sec. 25.0594, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                           (C)  in a county court at law in McLennan County  | 
      
      
        | 
           
			 | 
        (Sec. 25.1572, Government Code) . . . $3; and | 
      
      
        | 
           
			 | 
                           (D)  in a county criminal court in Tarrant County  | 
      
      
        | 
           
			 | 
        (Sec. 25.2223, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (2)  a court reporter service fee if the courts have  | 
      
      
        | 
           
			 | 
        official court reporters (Sec. 51.601, Government Code) . . . $15  | 
      
      
        | 
           
			 | 
        or, in specified counties, $30; | 
      
      
        | 
           
			 | 
                     (3)  a speedy trial rights waiver motion filing fee in  | 
      
      
        | 
           
			 | 
        El Paso County (Sec. 54.745, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                     (4)  [costs for use of magistrate in Brazos County 
         | 
      
      
        | 
           
			 | 
        
          (Sec. 54.1116, Government Code) .
           
          .
           
          . not to exceed $50;
         | 
      
      
        | 
           
			 | 
                     [(5)]  the costs of a criminal magistrate if the court  | 
      
      
        | 
           
			 | 
        determines that the nonprevailing party is able to defray the  | 
      
      
        | 
           
			 | 
        costs: | 
      
      
        | 
           
			 | 
                           (A)  in Bexar County (Sec. 54.913, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (B)  in Dallas County (Sec. 54.313, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (C)  in Lubbock County (Sec. 54.883, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (D)  in Tarrant County (Sec. 54.663, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; and | 
      
      
        | 
           
			 | 
                           (E)  in Travis County (Sec. 54.983, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; [and
         | 
      
      
        | 
           
			 | 
                           [(F)
           
           
          in Williamson County (Sec. 54.958, 
         | 
      
      
        | 
           
			 | 
        
          Government Code) .
           
          .
           
          . expense of the magistrate;] | 
      
      
        | 
           
			 | 
                     (5) [(6)]  an administrative fee for participation in  | 
      
      
        | 
           
			 | 
        certain community supervision programs (Sec. 76.015, Government  | 
      
      
        | 
           
			 | 
        Code) . . . not less than $25 and not more than $60 per month; and | 
      
      
        | 
           
			 | 
                     (6) [(7)]  fee paid on filing a petition for an order of  | 
      
      
        | 
           
			 | 
        nondisclosure of criminal history record information in certain  | 
      
      
        | 
           
			 | 
        cases (Sec. 411.081, Government Code) . . . $28. | 
      
      
        | 
           
			 | 
               SECTION 9.106.  (a)  Section 103.0212, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.0212.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  FAMILY CODE.  An accused or defendant, or a party to a  | 
      
      
        | 
           
			 | 
        civil suit, as applicable, shall pay the following fees and costs  | 
      
      
        | 
           
			 | 
        under the Family Code if ordered by the court or otherwise required: | 
      
      
        | 
           
			 | 
                     (1)  in family matters: | 
      
      
        | 
           
			 | 
                           (A)  issuing writ of withholding (Sec. 8.262,  | 
      
      
        | 
           
			 | 
        Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (B)  filing copy of writ of withholding to  | 
      
      
        | 
           
			 | 
        subsequent employer (Sec. 8.267, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (C)  issuing and delivering modified writ of  | 
      
      
        | 
           
			 | 
        withholding or notice of termination (Sec. 8.302, Family Code)  | 
      
      
        | 
           
			 | 
        . . . $15; | 
      
      
        | 
           
			 | 
                           (D)  issuing and delivering notice of termination  | 
      
      
        | 
           
			 | 
        of withholding (Sec. 8.303, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (E)  issuance of change of name certificate (Sec.  | 
      
      
        | 
           
			 | 
        45.106, Family Code) . . . $10; | 
      
      
        | 
           
			 | 
                           (F)  protective order fee (Sec. 81.003, Family  | 
      
      
        | 
           
			 | 
        Code) . . . $16; | 
      
      
        | 
           
			 | 
                           (G)  filing suit requesting adoption of child  | 
      
      
        | 
           
			 | 
        (Sec. 108.006, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (H)  filing fees for suits affecting parent-child  | 
      
      
        | 
           
			 | 
        relationship (Sec. 110.002, Family Code): | 
      
      
        | 
           
			 | 
                                 (i)  suit or motion for modification (Sec.  | 
      
      
        | 
           
			 | 
        110.002, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                                 (ii)  motion for enforcement (Sec. 110.002,  | 
      
      
        | 
           
			 | 
        Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                                 (iii)  notice of application for judicial  | 
      
      
        | 
           
			 | 
        writ of withholding (Sec. 110.002, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                                 (iv)  motion to transfer (Sec. 110.002,  | 
      
      
        | 
           
			 | 
        Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                                 (v)  petition for license suspension (Sec.  | 
      
      
        | 
           
			 | 
        110.002, Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                                 (vi)  motion to revoke a stay of license  | 
      
      
        | 
           
			 | 
        suspension (Sec. 110.002, Family Code) . . . $15; and | 
      
      
        | 
           
			 | 
                                 (vii)  motion for contempt (Sec. 110.002,  | 
      
      
        | 
           
			 | 
        Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (I)  order or writ of income withholding to be  | 
      
      
        | 
           
			 | 
        delivered to employer (Sec. 110.004, Family Code) . . . not to  | 
      
      
        | 
           
			 | 
        exceed $15; | 
      
      
        | 
           
			 | 
                           (J)  filing fee for transferred case (Sec.  | 
      
      
        | 
           
			 | 
        110.005, Family Code) . . . $45; | 
      
      
        | 
           
			 | 
                           (K)  filing a writ of withholding (Sec. 158.319,  | 
      
      
        | 
           
			 | 
        Family Code) . . . $15; | 
      
      
        | 
           
			 | 
                           (L)  filing a request for modified writ of  | 
      
      
        | 
           
			 | 
        withholding or notice of termination (Sec. 158.403, Family Code)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                           (M)  filing an administrative writ to employer  | 
      
      
        | 
           
			 | 
        (Sec. 158.503, Family Code) . . . not to exceed $15; and | 
      
      
        | 
           
			 | 
                           (N)  genetic testing fees in relation to a child  | 
      
      
        | 
           
			 | 
        born to a gestational mother (Sec. 160.762, Family Code) . . . as  | 
      
      
        | 
           
			 | 
        assessed by the court; and | 
      
      
        | 
           
			 | 
                     (2)  in juvenile court: | 
      
      
        | 
           
			 | 
                           (A)  fee schedule for deferred prosecution  | 
      
      
        | 
           
			 | 
        services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; | 
      
      
        | 
           
			 | 
                           (B)  a request fee for a teen court program (Sec.  | 
      
      
        | 
           
			 | 
        54.032, Family Code) . . . $20, if the court ordering the fee is  | 
      
      
        | 
           
			 | 
        located in the Texas-Louisiana border region, but otherwise not to  | 
      
      
        | 
           
			 | 
        exceed $10; | 
      
      
        | 
           
			 | 
                           (C)  court costs for juvenile probation diversion  | 
      
      
        | 
           
			 | 
        fund (Sec. 54.0411, Family Code) . . . $20; | 
      
      
        | 
           
			 | 
                           (D)  a juvenile delinquency prevention fee (Sec.  | 
      
      
        | 
           
			 | 
        54.0461, Family Code) . . . $50; | 
      
      
        | 
           
			 | 
                           (E)  a court fee for child's probationary period  | 
      
      
        | 
           
			 | 
        (Sec. 54.061, Family Code) . . . not to exceed $15 a month; | 
      
      
        | 
           
			 | 
                           (F)  a fee to cover costs of required duties of  | 
      
      
        | 
           
			 | 
        teen court (Sec. 54.032, Family Code) . . . $20, if the court  | 
      
      
        | 
           
			 | 
        ordering the fee is located in the Texas-Louisiana border region,  | 
      
      
        | 
           
			 | 
        but otherwise not to exceed $10; | 
      
      
        | 
           
			 | 
                           (G)  a fee for DNA testing on commitment to  | 
      
      
        | 
           
			 | 
        certain facilities (Sec. 54.0462, Family Code) . . . $50; [and] | 
      
      
        | 
           
			 | 
                           (H)  a fee for DNA testing after placement on  | 
      
      
        | 
           
			 | 
        probation or as otherwise required by law (Sec. 54.0462, Family  | 
      
      
        | 
           
			 | 
        Code) . . . $34; | 
      
      
        | 
           
			 | 
                           (I)  a program fee for a teen dating violence  | 
      
      
        | 
           
			 | 
        court program (Sec. 54.0325, Family Code) . . . $10; and | 
      
      
        | 
           
			 | 
                           (J)  a fee to cover the cost to the court of  | 
      
      
        | 
           
			 | 
        administering a teen dating violence court program (Sec. 54.0325,  | 
      
      
        | 
           
			 | 
        Family Code) . . . not to exceed $10. | 
      
      
        | 
           
			 | 
               (b)  Section 103.0210, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.107.  Section 103.027, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 3 (H.B. 79), Acts of the 82nd Legislature, 1st  | 
      
      
        | 
           
			 | 
        Called Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.027.  MISCELLANEOUS FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  Fees and costs shall be paid or collected under the  | 
      
      
        | 
           
			 | 
        Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  filing a certified copy of a judicial finding of  | 
      
      
        | 
           
			 | 
        fact and conclusion of law if charged by the secretary of state  | 
      
      
        | 
           
			 | 
        (Sec. 51.905, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (2)  cost paid by each surety posting the bail bond for  | 
      
      
        | 
           
			 | 
        an offense other than a misdemeanor punishable by fine only under  | 
      
      
        | 
           
			 | 
        Chapter 17, Code of Criminal Procedure, for the assistant  | 
      
      
        | 
           
			 | 
        prosecutor supplement fund and the fair defense account (Sec.  | 
      
      
        | 
           
			 | 
        41.258, Government Code) . . . $15, provided the cost does not  | 
      
      
        | 
           
			 | 
        exceed $30 for all bail bonds posted at that time for an individual  | 
      
      
        | 
           
			 | 
        and the cost is not required on the posting of a personal or cash  | 
      
      
        | 
           
			 | 
        bond; | 
      
      
        | 
           
			 | 
                     (3)  to participate in a court proceeding in this  | 
      
      
        | 
           
			 | 
        state, a nonresident attorney fee (Sec. 82.0361, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $250 except as waived or reduced under supreme court rules for  | 
      
      
        | 
           
			 | 
        representing an indigent person; and | 
      
      
        | 
           
			 | 
                     (4)  on a party's appeal of a final decision in a  | 
      
      
        | 
           
			 | 
        contested case, the cost of preparing the original or a certified  | 
      
      
        | 
           
			 | 
        copy of the record of the agency proceeding, if required by the  | 
      
      
        | 
           
			 | 
        agency's rule, as a court cost (Sec. 2001.177, Government Code)  | 
      
      
        | 
           
			 | 
        . . . as assessed by the court, all or part of the cost of  | 
      
      
        | 
           
			 | 
        preparation[;
         | 
      
      
        | 
           
			 | 
                     [(5)
           
           
          compensation to a referee in juvenile court in 
         | 
      
      
        | 
           
			 | 
        
          Wichita County taxed as costs if the judge determines the parties 
         | 
      
      
        | 
           
			 | 
        
          are able to pay the costs (Sec. 54.403, Government Code) .
           
          .
           
          . as 
         | 
      
      
        | 
           
			 | 
        
          determined by the judge; and
         | 
      
      
        | 
           
			 | 
                     [(6)
           
           
          the expense of preserving the record as a court 
         | 
      
      
        | 
           
			 | 
        
          cost in Brazos County if imposed on a party by the referring court 
         | 
      
      
        | 
           
			 | 
        
          or magistrate (Sec. 54.1111, Government Code) .
           
          .
           
          . actual cost]. | 
      
      
        | 
           
			 | 
               SECTION 9.108.  (a)  Section 103.029, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.029.  MISCELLANEOUS FEES AND COSTS:  HEALTH AND  | 
      
      
        | 
           
			 | 
        SAFETY CODE.  Fees and costs shall be paid or collected under the  | 
      
      
        | 
           
			 | 
        Health and Safety Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  a program fee for a drug court program established  | 
      
      
        | 
           
			 | 
        under Section 469.002, Health and Safety Code (Sec. 469.004, Health  | 
      
      
        | 
           
			 | 
        and Safety Code) . . . not to exceed $1,000; | 
      
      
        | 
           
			 | 
                     (2)  an alcohol or controlled substance testing,  | 
      
      
        | 
           
			 | 
        counseling, and treatment fee (Sec. 469.004, Health and Safety  | 
      
      
        | 
           
			 | 
        Code) . . . the amount necessary to cover the costs of testing,  | 
      
      
        | 
           
			 | 
        counseling, and treatment; | 
      
      
        | 
           
			 | 
                     (3)  a reasonable program fee for a veterans court  | 
      
      
        | 
           
			 | 
        program (Sec. 617.006, Health and Safety Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1,000; [and] | 
      
      
        | 
           
			 | 
                     (4)  a testing, counseling, and treatment fee for  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment performed or provided under a  | 
      
      
        | 
           
			 | 
        veterans court program (Sec. 617.006, Health and Safety Code) . . .  | 
      
      
        | 
           
			 | 
        the amount necessary to cover the costs of testing, counseling, or  | 
      
      
        | 
           
			 | 
        treatment; and | 
      
      
        | 
           
			 | 
                     (5)  a program fee for a first offender prostitution  | 
      
      
        | 
           
			 | 
        prevention program (Sec. 169.005, Health and Safety Code) . . .  | 
      
      
        | 
           
			 | 
        reasonable amount not to exceed $1,000. | 
      
      
        | 
           
			 | 
               (b)  Section 103.0291, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 9.109.  (a)  Section 103.033, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 182 (H.B. 1156), Acts of the 78th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2003, and is further amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.033.  MISCELLANEOUS FEES AND COSTS:  THE  | 
      
      
        | 
           
			 | 
        SECURITIES ACT [VERNON'S TEXAS CIVIL STATUTES].  A fee [Fees and 
         | 
      
      
        | 
           
			 | 
        
          costs] shall be [paid or] collected [under Vernon's Texas Civil 
         | 
      
      
        | 
           
			 | 
        
          Statutes as follows:
         | 
      
      
        | 
           
			 | 
                     [(1)
           
           
          an appraiser's fee as court costs for determining 
         | 
      
      
        | 
           
			 | 
        
          the fair value of the shares of the shareholders entitled to payment 
         | 
      
      
        | 
           
			 | 
        
          for their shares in a real estate investment trust (Sec. 25.20, Art. 
         | 
      
      
        | 
           
			 | 
        
          6138A, Vernon's Texas Civil Statutes) .
           
          .
           
          . a reasonable fee; and
         | 
      
      
        | 
           
			 | 
                     [(2)  a fee] for the sale of securities under an  | 
      
      
        | 
           
			 | 
        offering that has not been registered, if the transaction or  | 
      
      
        | 
           
			 | 
        securities are not exempt under Section 35-2, The Securities Act  | 
      
      
        | 
           
			 | 
        (Article [(Art.] 581-35-2, Vernon's Texas Civil Statutes), in an  | 
      
      
        | 
           
			 | 
        amount[ . . . as] set by the securities commissioner or court, but  | 
      
      
        | 
           
			 | 
        not to exceed six times the amount that would have been paid if the  | 
      
      
        | 
           
			 | 
        issuer had filed an application to register the securities and paid  | 
      
      
        | 
           
			 | 
        the fee prescribed based on the amount of sales made in this state  | 
      
      
        | 
           
			 | 
        within the prior three years, plus interest on that amount from the  | 
      
      
        | 
           
			 | 
        date of the first sale made in this state until the date the fee is  | 
      
      
        | 
           
			 | 
        paid. | 
      
      
        | 
           
			 | 
               (b)  Section 103.032, Government Code, is repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 10.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
      
        | 
           
			 | 
               SECTION 10.001.  The heading to Subchapter A, Chapter 285,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, is amended to conform to changes made to  | 
      
      
        | 
           
			 | 
        that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  PAYMENT OF HOSPITAL DISTRICT OPERATING EXPENSES IN  | 
      
      
        | 
           
			 | 
        CERTAIN POPULOUS COUNTIES [OF AT LEAST 450,000] | 
      
      
        | 
           
			 | 
               SECTION 10.002.  The heading to Subchapter B, Chapter 285,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, is amended to conform to changes made to  | 
      
      
        | 
           
			 | 
        that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  PARKING STATIONS NEAR HOSPITALS IN COUNTIES OF AT  | 
      
      
        | 
           
			 | 
        LEAST 1.5 MILLION [900,000] | 
      
      
        | 
           
			 | 
               SECTION 10.003.  (a)  Section 386.252(f), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 589 (S.B. 20), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is repealed as duplicative of  | 
      
      
        | 
           
			 | 
        Section 386.252(f), Health and Safety Code, as added by Chapter 892  | 
      
      
        | 
           
			 | 
        (S.B. 385), Acts of the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               (b)  Chapter 393, Health and Safety Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        is repealed as duplicative of Chapter 394, Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011. | 
      
      
        | 
           
			 | 
               (c)  Chapter 394, Health and Safety Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        is repealed as duplicative of Chapter 393, Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 10.004.  Section 533.032(g), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapter 1050 (S.B. 71), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, and repealed by Chapter 1083 (S.B. 1179),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (g)  The department shall: | 
      
      
        | 
           
			 | 
                     (1)  attach the report required by Subsection (c) to  | 
      
      
        | 
           
			 | 
        the department's legislative appropriations request for each  | 
      
      
        | 
           
			 | 
        biennium; | 
      
      
        | 
           
			 | 
                     (2)  at the time the department presents its  | 
      
      
        | 
           
			 | 
        legislative appropriations request, present the report to the: | 
      
      
        | 
           
			 | 
                           (A)  governor; | 
      
      
        | 
           
			 | 
                           (B)  governor's budget office; | 
      
      
        | 
           
			 | 
                           (C)  lieutenant governor; | 
      
      
        | 
           
			 | 
                           (D)  speaker of the house of representatives; | 
      
      
        | 
           
			 | 
                           (E)  Legislative Budget Board; and | 
      
      
        | 
           
			 | 
                           (F)  Health and Human Services Commission; and | 
      
      
        | 
           
			 | 
                     (3)  update the department's long-range plan biennially  | 
      
      
        | 
           
			 | 
        and include the report in the plan. | 
      
      
        | 
           
			 | 
               SECTION 10.005.  The heading to Section 691.008, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 691.008.  FEES; [REPORTS;] AUDITS. | 
      
      
        | 
           
			 | 
               SECTION 10.006.  Section 692A.020(i), Health and Safety  | 
      
      
        | 
           
			 | 
        Code, is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (i)  The Department of Public Safety shall remit to the  | 
      
      
        | 
           
			 | 
        comptroller the money collected under Sections 521.421(g) and  | 
      
      
        | 
           
			 | 
        521.422(c), Transportation Code, as provided by those  | 
      
      
        | 
           
			 | 
        subsections.  A county assessor-collector shall remit to the  | 
      
      
        | 
           
			 | 
        comptroller any money collected under Section 502.405 [502.1745],  | 
      
      
        | 
           
			 | 
        Transportation Code, as provided by that section.  Money remitted  | 
      
      
        | 
           
			 | 
        to the comptroller in accordance with those sections that is  | 
      
      
        | 
           
			 | 
        appropriated to the department shall be disbursed to the nonprofit  | 
      
      
        | 
           
			 | 
        organization administering the registry under this section under  | 
      
      
        | 
           
			 | 
        the terms of the contract between the department and the  | 
      
      
        | 
           
			 | 
        organization 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 10.007.  Section 711.008(b), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 721 (H.B. 788) and 1017 (H.B. 2643), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Subsection (a) does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a cemetery heretofore established and operating; | 
      
      
        | 
           
			 | 
                     (2)  the establishment and use of a columbarium by an  | 
      
      
        | 
           
			 | 
        organized religious society or sect that is exempt from income  | 
      
      
        | 
           
			 | 
        taxation under Section 501(a), Internal Revenue Code of 1986, by  | 
      
      
        | 
           
			 | 
        being listed under Section 501(c)(3) of that code, as part of or  | 
      
      
        | 
           
			 | 
        attached to the principal church building owned by the society or  | 
      
      
        | 
           
			 | 
        sect; | 
      
      
        | 
           
			 | 
                     (3)  the establishment and use of a columbarium by an  | 
      
      
        | 
           
			 | 
        organized religious society or sect that is exempt from income  | 
      
      
        | 
           
			 | 
        taxation under Section 501(a), Internal Revenue Code of 1986, by  | 
      
      
        | 
           
			 | 
        being listed under Section 501(c)(3) of that code, on land that: | 
      
      
        | 
           
			 | 
                           (A)  is owned by the society or sect; and | 
      
      
        | 
           
			 | 
                           (B)  is part of the campus on which an existing  | 
      
      
        | 
           
			 | 
        principal church building is located; | 
      
      
        | 
           
			 | 
                     (4)  the establishment and use of a columbarium on the  | 
      
      
        | 
           
			 | 
        campus of a private or independent institution of higher education,  | 
      
      
        | 
           
			 | 
        as defined by Section 61.003, Education Code, that is wholly or  | 
      
      
        | 
           
			 | 
        substantially controlled, managed, owned, or supported by or  | 
      
      
        | 
           
			 | 
        otherwise affiliated with an organized religious society or sect  | 
      
      
        | 
           
			 | 
        that is exempt from income taxation under Section 501(a), Internal  | 
      
      
        | 
           
			 | 
        Revenue Code of 1986, by being listed under Section 501(c)(3) of  | 
      
      
        | 
           
			 | 
        that code, if a place of worship is located on the campus; | 
      
      
        | 
           
			 | 
                     (5)  the establishment and use of a mausoleum that is: | 
      
      
        | 
           
			 | 
                           (A)  constructed beneath the principal church  | 
      
      
        | 
           
			 | 
        building owned by an organized religious society or sect that: | 
      
      
        | 
           
			 | 
                                 (i)  is exempt from income taxation under  | 
      
      
        | 
           
			 | 
        Section 501(a), Internal Revenue Code of 1986, by being listed  | 
      
      
        | 
           
			 | 
        under Section 501(c)(3) of that code; and | 
      
      
        | 
           
			 | 
                                 (ii)  has recognized religious traditions  | 
      
      
        | 
           
			 | 
        and practices of interring the remains of ordained clergy in or  | 
      
      
        | 
           
			 | 
        below the principal church building; and | 
      
      
        | 
           
			 | 
                           (B)  used only for the interment of the remains of  | 
      
      
        | 
           
			 | 
        ordained clergy of that organized religious society or sect; [or] | 
      
      
        | 
           
			 | 
                     (6)  the establishment and operation, if authorized in  | 
      
      
        | 
           
			 | 
        accordance with Subsection (h), of a perpetual care cemetery by an  | 
      
      
        | 
           
			 | 
        organized religious society or sect that: | 
      
      
        | 
           
			 | 
                           (A)  is exempt from income taxation under Section  | 
      
      
        | 
           
			 | 
        501(a), Internal Revenue Code of 1986, by being listed under  | 
      
      
        | 
           
			 | 
        Section 501(c)(3) of that code; | 
      
      
        | 
           
			 | 
                           (B)  has been in existence for at least five  | 
      
      
        | 
           
			 | 
        years; | 
      
      
        | 
           
			 | 
                           (C)  has at least $500,000 in assets; and | 
      
      
        | 
           
			 | 
                           (D)  establishes and operates the cemetery on land  | 
      
      
        | 
           
			 | 
        that: | 
      
      
        | 
           
			 | 
                                 (i)  is owned by the society or sect; | 
      
      
        | 
           
			 | 
                                 (ii)  together with any other land owned by  | 
      
      
        | 
           
			 | 
        the society or sect and adjacent to the land on which the cemetery  | 
      
      
        | 
           
			 | 
        is located, is not less than 10 acres; and | 
      
      
        | 
           
			 | 
                                 (iii)  is in a municipality with a  | 
      
      
        | 
           
			 | 
        population of at least one million that is located predominantly in  | 
      
      
        | 
           
			 | 
        a county that has a total area of less than 1,000 square miles; or | 
      
      
        | 
           
			 | 
                     (7) [(6)]  the establishment and use of a private  | 
      
      
        | 
           
			 | 
        family cemetery by an organization that is exempt from income  | 
      
      
        | 
           
			 | 
        taxation under Section 501(a), Internal Revenue Code of 1986, by  | 
      
      
        | 
           
			 | 
        being listed under Section 501(c)(3) of that code, on land that is: | 
      
      
        | 
           
			 | 
                           (A)  owned by the organization; and | 
      
      
        | 
           
			 | 
                           (B)  located in a county: | 
      
      
        | 
           
			 | 
                                 (i)  with a population of more than 125,000;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                                 (ii)  that is adjacent to a county that has a  | 
      
      
        | 
           
			 | 
        population of more than 1.5 million and in which more than 75  | 
      
      
        | 
           
			 | 
        percent of the population lives in a single municipality. | 
      
      
        | 
           
			 | 
               SECTION 10.008.  Section 711.009(c), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (c)  This section applies only to a cemetery located in a  | 
      
      
        | 
           
			 | 
        municipality with a population [popluation] of 40,000 or more or in  | 
      
      
        | 
           
			 | 
        a county with a population of 290,000 or more. | 
      
      
        | 
           
			 | 
               SECTION 10.009.  The heading to Subchapter C, Chapter 772,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, is amended to conform to changes made to  | 
      
      
        | 
           
			 | 
        that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  EMERGENCY COMMUNICATION DISTRICTS:  COUNTIES WITH  | 
      
      
        | 
           
			 | 
        POPULATION OVER 1.5 MILLION [860,000] | 
      
      
        | 
           
			 | 
               SECTION 10.010.  The heading to Subchapter E, Chapter 772,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, is amended to conform to changes made to  | 
      
      
        | 
           
			 | 
        that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  EMERGENCY COMMUNICATION SERVICE:  COUNTIES WITH  | 
      
      
        | 
           
			 | 
        POPULATION OVER TWO [1.5] MILLION | 
      
      
        | 
           
			 | 
        ARTICLE 11.  CHANGES RELATING TO INSURANCE CODE | 
      
      
        | 
           
			 | 
               SECTION 11.001.  Section 843.461(b), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to more closely conform to the source law from which the  | 
      
      
        | 
           
			 | 
        section was derived to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commissioner may take an enforcement action listed  | 
      
      
        | 
           
			 | 
        in Subsection (a) against a health maintenance organization if the  | 
      
      
        | 
           
			 | 
        commissioner finds that the health maintenance organization: | 
      
      
        | 
           
			 | 
                     (1)  is operating in a manner that is: | 
      
      
        | 
           
			 | 
                           (A)  significantly contrary to its basic  | 
      
      
        | 
           
			 | 
        organizational documents or health care plan; or | 
      
      
        | 
           
			 | 
                           (B)  contrary to the manner described in and  | 
      
      
        | 
           
			 | 
        reasonably inferred from other information submitted under Section  | 
      
      
        | 
           
			 | 
        843.078, 843.079, or 843.080; | 
      
      
        | 
           
			 | 
                     (2)  issues an evidence of coverage or uses a schedule  | 
      
      
        | 
           
			 | 
        of charges for health care services that does not comply with the  | 
      
      
        | 
           
			 | 
        requirements of Sections 843.346, 1271.001-1271.005, 1271.007,  | 
      
      
        | 
           
			 | 
        1271.151, 1271.152, and 1271.156, and Subchapters B, C, E, F, and G,  | 
      
      
        | 
           
			 | 
        Chapter 1271; | 
      
      
        | 
           
			 | 
                     (3)  does not meet the requirements of Section  | 
      
      
        | 
           
			 | 
        843.082(1); | 
      
      
        | 
           
			 | 
                     (4)  provides a health care plan that does not provide  | 
      
      
        | 
           
			 | 
        or arrange for basic health care services, provides a limited  | 
      
      
        | 
           
			 | 
        health care service plan that does not provide or arrange for the  | 
      
      
        | 
           
			 | 
        plan's limited health care services, or provides a single health  | 
      
      
        | 
           
			 | 
        care service plan that does not provide or arrange for a single  | 
      
      
        | 
           
			 | 
        health care service; | 
      
      
        | 
           
			 | 
                     (5)  cannot fulfill its obligation to provide: | 
      
      
        | 
           
			 | 
                           (A)  health care services as required under its  | 
      
      
        | 
           
			 | 
        health care plan; | 
      
      
        | 
           
			 | 
                           (B)  limited health care services as required  | 
      
      
        | 
           
			 | 
        under its limited health care service plan; or | 
      
      
        | 
           
			 | 
                           (C)  a single health care service as required  | 
      
      
        | 
           
			 | 
        under its single health care service plan; | 
      
      
        | 
           
			 | 
                     (6)  is no longer financially responsible and may  | 
      
      
        | 
           
			 | 
        reasonably be expected to be unable to meet its obligations to  | 
      
      
        | 
           
			 | 
        enrollees or prospective enrollees; | 
      
      
        | 
           
			 | 
                     (7)  has not implemented the complaint system required  | 
      
      
        | 
           
			 | 
        by Section 843.251 in a manner to resolve reasonably valid  | 
      
      
        | 
           
			 | 
        complaints; | 
      
      
        | 
           
			 | 
                     (8)  has advertised or merchandised its services in an  | 
      
      
        | 
           
			 | 
        untrue, misrepresentative, misleading, deceptive, or unfair manner  | 
      
      
        | 
           
			 | 
        or a person on behalf of the health maintenance organization has  | 
      
      
        | 
           
			 | 
        advertised or merchandised the health maintenance organization's  | 
      
      
        | 
           
			 | 
        services in an untrue, misrepresentative, misleading, deceptive,  | 
      
      
        | 
           
			 | 
        or unfair [untrue] manner; | 
      
      
        | 
           
			 | 
                     (9)  would be hazardous to its enrollees if it  | 
      
      
        | 
           
			 | 
        continued in operation; | 
      
      
        | 
           
			 | 
                     (10)  has not complied substantially with: | 
      
      
        | 
           
			 | 
                           (A)  this chapter or a rule adopted under this  | 
      
      
        | 
           
			 | 
        chapter; or | 
      
      
        | 
           
			 | 
                           (B)  Section 1367.053, Subchapter A, Chapter  | 
      
      
        | 
           
			 | 
        1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as  | 
      
      
        | 
           
			 | 
        applicable to a health maintenance organization, or Chapter 1271 or  | 
      
      
        | 
           
			 | 
        1272 or a rule adopted under one of those provisions; or | 
      
      
        | 
           
			 | 
                     (11)  has not taken corrective action the commissioner  | 
      
      
        | 
           
			 | 
        considers necessary to correct a failure to comply with this  | 
      
      
        | 
           
			 | 
        chapter, any applicable provision of this code, or any applicable  | 
      
      
        | 
           
			 | 
        rule or order of the commissioner not later than the 30th day after  | 
      
      
        | 
           
			 | 
        the date of notice of the failure or within any longer period  | 
      
      
        | 
           
			 | 
        specified in the notice and determined by the commissioner to be  | 
      
      
        | 
           
			 | 
        reasonable. | 
      
      
        | 
           
			 | 
        ARTICLE 12.  CHANGES RELATING TO LOCAL GOVERNMENT CODE | 
      
      
        | 
           
			 | 
               SECTION 12.001.  Section 106.002, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 106.002.  DEPOSITS TO FUND.  The following money shall  | 
      
      
        | 
           
			 | 
        be deposited in the fund: | 
      
      
        | 
           
			 | 
                     (1)  court costs collected under Article 102.014, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (2)  optional motor vehicle registration fees remitted  | 
      
      
        | 
           
			 | 
        to the municipality by the county under Section 502.403 [502.173],  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
               SECTION 12.002.  Section 132.002(a), Local Government Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 1022 (H.B. 2717) and 1341 (S.B. 1233), Acts  | 
      
      
        | 
           
			 | 
        of the 82nd Legislature, Regular Session, 2011, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioners court of a county may authorize a  | 
      
      
        | 
           
			 | 
        county or precinct officer who collects fees, fines, court costs,  | 
      
      
        | 
           
			 | 
        or other charges on behalf of the county or the state to accept  | 
      
      
        | 
           
			 | 
        payment by credit card, [or by] the electronic processing of  | 
      
      
        | 
           
			 | 
        checks, or other electronic means of a fee, fine, court costs, or  | 
      
      
        | 
           
			 | 
        other charge.  The commissioners court may also authorize a county  | 
      
      
        | 
           
			 | 
        or precinct officer to collect and retain a fee for processing the  | 
      
      
        | 
           
			 | 
        payment by credit card, [or by] the electronic processing of  | 
      
      
        | 
           
			 | 
        checks, or other electronic means. | 
      
      
        | 
           
			 | 
               SECTION 12.003.  The heading to Subchapter E, Chapter 214,  | 
      
      
        | 
           
			 | 
        Local Government Code, is amended to conform to changes made to that  | 
      
      
        | 
           
			 | 
        subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  COMMERCIAL BUILDING PERMITS IN CERTAIN POPULOUS  | 
      
      
        | 
           
			 | 
        MUNICIPALITIES [WITH POPULATION OF MORE THAN 900,000] | 
      
      
        | 
           
			 | 
               SECTION 12.004.  Section 232.040(b), Local Government Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Subsection (c), a lot in a  | 
      
      
        | 
           
			 | 
        subdivision may not be sold if the lot lacks water and sewer  | 
      
      
        | 
           
			 | 
        services as required by this subchapter unless the lot is platted or  | 
      
      
        | 
           
			 | 
        replatted as required by this subchapter. A subdivider or agent of a  | 
      
      
        | 
           
			 | 
        subdivider may not transfer a lot through an executory contract or  | 
      
      
        | 
           
			 | 
        other similar conveyance to evade the requirements of this  | 
      
      
        | 
           
			 | 
        subchapter.  The prohibition in this subsection includes the sale  | 
      
      
        | 
           
			 | 
        of a lot: | 
      
      
        | 
           
			 | 
                     (1)  by a subdivider who regains possession of a lot  | 
      
      
        | 
           
			 | 
        previously exempt under Subsection (c) through the exercise of a  | 
      
      
        | 
           
			 | 
        remedy described in Section 5.064 [5.061], Property Code; or | 
      
      
        | 
           
			 | 
                     (2)  for which it is shown at a proceeding brought in  | 
      
      
        | 
           
			 | 
        the district court in which the property is located that the sale of  | 
      
      
        | 
           
			 | 
        a lot otherwise exempt under Subsection (c) was made for the purpose  | 
      
      
        | 
           
			 | 
        of evading the requirements of this subchapter. | 
      
      
        | 
           
			 | 
               SECTION 12.005.  Section 240.048, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 240.048.  EXCEPTIONS.  This subchapter does not apply  | 
      
      
        | 
           
			 | 
        to: | 
      
      
        | 
           
			 | 
                     (1)  a private water well drilled: | 
      
      
        | 
           
			 | 
                           (A)  on a parcel of land that: | 
      
      
        | 
           
			 | 
                                 (i)  is 10 acres or more in size; or | 
      
      
        | 
           
			 | 
                                 (ii)  is qualified open-space land, as  | 
      
      
        | 
           
			 | 
        defined by Section 23.51, Tax Code; | 
      
      
        | 
           
			 | 
                           (B)  within the boundaries of a groundwater  | 
      
      
        | 
           
			 | 
        conservation district; | 
      
      
        | 
           
			 | 
                           (C)  within the boundaries of a subsidence  | 
      
      
        | 
           
			 | 
        district other than the Harris-Galveston [Coastal] Subsidence  | 
      
      
        | 
           
			 | 
        District; or | 
      
      
        | 
           
			 | 
                           (D)  incident to the exploration, development, or  | 
      
      
        | 
           
			 | 
        production of oil, gas, or other minerals; or | 
      
      
        | 
           
			 | 
                     (2)  a public water system that has been permitted  | 
      
      
        | 
           
			 | 
        under rules adopted by the Texas Commission on Environmental  | 
      
      
        | 
           
			 | 
        Quality. | 
      
      
        | 
           
			 | 
               SECTION 12.006.  Section 351.045, Local Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapters 759 (H.B. 1566), 760 (H.B. 1567), and 975 (H.B.  | 
      
      
        | 
           
			 | 
        1568), Acts of the 82nd Legislature, Regular Session, 2011, is  | 
      
      
        | 
           
			 | 
        reenacted to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 351.045.  EMPLOYMENT OF HEALTH CARE PROVIDERS.   | 
      
      
        | 
           
			 | 
        (a)  The commissioners court of a county may appoint, contract for,  | 
      
      
        | 
           
			 | 
        or employ licensed physicians, dentists, or other health care  | 
      
      
        | 
           
			 | 
        providers to provide health care services to inmates in the custody  | 
      
      
        | 
           
			 | 
        of the sheriff. | 
      
      
        | 
           
			 | 
               (b)  This section may not be construed as authorizing a  | 
      
      
        | 
           
			 | 
        commissioners court to supervise or control the practice of  | 
      
      
        | 
           
			 | 
        medicine as prohibited by Subtitle B, Title 3, Occupations Code, or  | 
      
      
        | 
           
			 | 
        to supervise or control the practice of dentistry as prohibited by  | 
      
      
        | 
           
			 | 
        Subtitle D, Title 3, Occupations Code. | 
      
      
        | 
           
			 | 
        ARTICLE 13.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
      
        | 
           
			 | 
               SECTION 13.001.  Section 62.001(e), Natural Resources Code,  | 
      
      
        | 
           
			 | 
        is amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (e)  The provisions of this chapter do not permit any  | 
      
      
        | 
           
			 | 
        interference with the right the public has under the provisions of  | 
      
      
        | 
           
			 | 
        Subchapter B, [of] Chapter 61, [of this code] to the free and  | 
      
      
        | 
           
			 | 
        unrestricted use of, and to ingress and egress to, the area  | 
      
      
        | 
           
			 | 
        bordering on the Gulf of Mexico from mean low tide to the line of  | 
      
      
        | 
           
			 | 
        vegetation, as that term is defined in [Subsection (2),] Section  | 
      
      
        | 
           
			 | 
        61.001 [of this code].  A county, county official, or anyone acting  | 
      
      
        | 
           
			 | 
        under the authority of this chapter may not exercise any authority,  | 
      
      
        | 
           
			 | 
        contract out a right to exercise authority, or otherwise delegate  | 
      
      
        | 
           
			 | 
        authority beyond that specifically granted to it in Sections 61.122  | 
      
      
        | 
           
			 | 
        through 61.128 [of this code] over that area notwithstanding any of  | 
      
      
        | 
           
			 | 
        the specific provisions of this chapter.  The rights established in  | 
      
      
        | 
           
			 | 
        Subchapters B and D, [of] Chapter 61, [of this code] are paramount  | 
      
      
        | 
           
			 | 
        over the rights or interests that might otherwise be created by the  | 
      
      
        | 
           
			 | 
        provisions of this chapter, and nothing in this chapter encroaches  | 
      
      
        | 
           
			 | 
        on those rights or upon land, or interests in land, that may  | 
      
      
        | 
           
			 | 
        ultimately be held subject to those rights. | 
      
      
        | 
           
			 | 
               SECTION 13.002.  Section 62.091(a), Natural Resources Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The following land is under the jurisdiction of the  | 
      
      
        | 
           
			 | 
        board: | 
      
      
        | 
           
			 | 
                     (1)  public beaches owned in fee by the county; and | 
      
      
        | 
           
			 | 
                     (2)  land used as parks in connection with public  | 
      
      
        | 
           
			 | 
        beaches not located inside the boundaries of an incorporated city  | 
      
      
        | 
           
			 | 
        and not inside the area bordering on the Gulf of Mexico from the  | 
      
      
        | 
           
			 | 
        line of mean low tide to the line of vegetation as that term is  | 
      
      
        | 
           
			 | 
        defined in Section 61.001 [61.001(2) of this code]. | 
      
      
        | 
           
			 | 
        ARTICLE 14.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
      
        | 
           
			 | 
               SECTION 14.001.  The heading to Section 203.154, Occupations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 203.154.  [ANNUAL REPORT;] REPORTS ON MIDWIFERY. | 
      
      
        | 
           
			 | 
               SECTION 14.002.  The heading to Section 452.159, Occupations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 452.159.  BIENNIAL REPORT [ANNUAL REPORTS]. | 
      
      
        | 
           
			 | 
               SECTION 14.003.  Section 801.353(d-1), Occupations Code, as  | 
      
      
        | 
           
			 | 
        added by Chapters 231 (H.B. 413) and 411 (S.B. 811), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (d-1)  The privilege provided by this section is waived by  | 
      
      
        | 
           
			 | 
        the client or the owner of the animal treated by the veterinarian in  | 
      
      
        | 
           
			 | 
        a proceeding to substantiate and collect on a claim for the  | 
      
      
        | 
           
			 | 
        provision of or a debt incurred for veterinary services. | 
      
      
        | 
           
			 | 
               SECTION 14.004.  Section 1103.403(b), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to correct an error in punctuation to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Not later than the 10th day after the date an  appraiser  | 
      
      
        | 
           
			 | 
        changes the appraiser's address, e-mail address, or telephone  | 
      
      
        | 
           
			 | 
        number, the appraiser shall [:] notify the board of the change and  | 
      
      
        | 
           
			 | 
        pay any required fee. | 
      
      
        | 
           
			 | 
               SECTION 14.005.  Section 1602.262(a), Occupations Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  An applicant for a license under this chapter is  | 
      
      
        | 
           
			 | 
        entitled to the license if the applicant: | 
      
      
        | 
           
			 | 
                     (1)  meets the applicable eligibility requirements; | 
      
      
        | 
           
			 | 
                     (2)  passes the applicable examination; | 
      
      
        | 
           
			 | 
                     (3)  pays the required fee; | 
      
      
        | 
           
			 | 
                     (4)  has not committed an act that constitutes a ground  | 
      
      
        | 
           
			 | 
        for denial of the license; and | 
      
      
        | 
           
			 | 
                     (5)  submits an application on a form prescribed by the  | 
      
      
        | 
           
			 | 
        department. | 
      
      
        | 
           
			 | 
        ARTICLE 15.  CHANGES RELATING TO PARKS AND WILDLIFE CODE | 
      
      
        | 
           
			 | 
               SECTION 15.001.  Section 47.001(9), Parks and Wildlife Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
                     (9)  "Place of business" means a permanent structure on  | 
      
      
        | 
           
			 | 
        land or a motor vehicle required to be registered under Section  | 
      
      
        | 
           
			 | 
        502.040 [502.002], Transportation Code, where aquatic products or  | 
      
      
        | 
           
			 | 
        orders for aquatic products are received or where aquatic products  | 
      
      
        | 
           
			 | 
        are sold or purchased but does not include a boat or any type of  | 
      
      
        | 
           
			 | 
        floating device, a public cold storage vault, the portion of a  | 
      
      
        | 
           
			 | 
        structure that is used as a residence, or a vehicle from which no  | 
      
      
        | 
           
			 | 
        orders are taken or no shipments or deliveries are made other than  | 
      
      
        | 
           
			 | 
        to the place of business of a licensee in this state. | 
      
      
        | 
           
			 | 
        ARTICLE 16. CHANGES RELATING TO PENAL CODE | 
      
      
        | 
           
			 | 
               SECTION 16.001.  Section 12.42(b), Penal Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Subsection (c)(2) or (c)(4), as  | 
      
      
        | 
           
			 | 
        amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, if it is shown on the trial of a felony of the  | 
      
      
        | 
           
			 | 
        second degree that the defendant has previously been finally  | 
      
      
        | 
           
			 | 
        convicted of a felony other than a state jail felony punishable  | 
      
      
        | 
           
			 | 
        under Section 12.35(a), on conviction the defendant shall be  | 
      
      
        | 
           
			 | 
        punished for a felony of the first degree. | 
      
      
        | 
           
			 | 
               SECTION 16.002.  Section 12.42(d), Penal Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (d)  Except as provided by Subsection (c)(2) or (c)(4), as  | 
      
      
        | 
           
			 | 
        amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, if it is shown on the trial of a felony  | 
      
      
        | 
           
			 | 
        offense other than a state jail felony punishable under Section  | 
      
      
        | 
           
			 | 
        12.35(a) that the defendant has previously been finally convicted  | 
      
      
        | 
           
			 | 
        of two felony offenses, and the second previous felony conviction  | 
      
      
        | 
           
			 | 
        is for an offense that occurred subsequent to the first previous  | 
      
      
        | 
           
			 | 
        conviction having become final, on conviction the defendant shall  | 
      
      
        | 
           
			 | 
        be punished by imprisonment in the Texas Department of Criminal  | 
      
      
        | 
           
			 | 
        Justice for life, or for any term of not more than 99 years or less  | 
      
      
        | 
           
			 | 
        than 25 years. A previous conviction for a state jail felony  | 
      
      
        | 
           
			 | 
        punishable under Section 12.35(a) may not be used for enhancement  | 
      
      
        | 
           
			 | 
        purposes under this subsection. | 
      
      
        | 
           
			 | 
               SECTION 16.003.  Section 12.42(f), Penal Code, is amended to  | 
      
      
        | 
           
			 | 
        conform to the repeal of Section 12.42(e), Penal Code, by Chapter  | 
      
      
        | 
           
			 | 
        834 (H.B. 3384), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, and to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (f)  For the purposes of Subsections (a), (b), and (c)(1),  | 
      
      
        | 
           
			 | 
        [and (e),] an adjudication by a juvenile court under Section 54.03,  | 
      
      
        | 
           
			 | 
        Family Code, that a child engaged in delinquent conduct on or after  | 
      
      
        | 
           
			 | 
        January 1, 1996, constituting a felony offense for which the child  | 
      
      
        | 
           
			 | 
        is committed to the Texas Juvenile Justice Department [Youth 
         | 
      
      
        | 
           
			 | 
        
          Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code,  | 
      
      
        | 
           
			 | 
        or Section 54.05(f), Family Code, is a final felony conviction. | 
      
      
        | 
           
			 | 
               SECTION 16.004.  Section 37.01(2), Penal Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Governmental record" means: | 
      
      
        | 
           
			 | 
                           (A)  anything belonging to, received by, or kept  | 
      
      
        | 
           
			 | 
        by government for information, including a court record; | 
      
      
        | 
           
			 | 
                           (B)  anything required by law to be kept by others  | 
      
      
        | 
           
			 | 
        for information of government; | 
      
      
        | 
           
			 | 
                           (C)  a license, certificate, permit, seal, title,  | 
      
      
        | 
           
			 | 
        letter of patent, or similar document issued by government, by  | 
      
      
        | 
           
			 | 
        another state, or by the United States; | 
      
      
        | 
           
			 | 
                           (D)  a standard proof of motor vehicle liability  | 
      
      
        | 
           
			 | 
        insurance form described by Section 601.081, Transportation Code, a  | 
      
      
        | 
           
			 | 
        certificate of an insurance company described by Section 601.083 of  | 
      
      
        | 
           
			 | 
        that code, a document purporting to be such a form or certificate  | 
      
      
        | 
           
			 | 
        that is not issued by an insurer authorized to write motor vehicle  | 
      
      
        | 
           
			 | 
        liability insurance in this state, an electronic submission in a  | 
      
      
        | 
           
			 | 
        form described by Section 502.046(i) [502.153(i)], Transportation  | 
      
      
        | 
           
			 | 
        Code, or an evidence of financial responsibility described by  | 
      
      
        | 
           
			 | 
        Section 601.053 of that code; | 
      
      
        | 
           
			 | 
                           (E)  an official ballot or other election record;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (F)  the written documentation a mobile food unit  | 
      
      
        | 
           
			 | 
        is required to obtain under Section 437.0074, Health and Safety  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               SECTION 16.005.  Section 71.02(a), Penal Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  A person commits an offense if, with the intent to  | 
      
      
        | 
           
			 | 
        establish, maintain, or participate in a combination or in the  | 
      
      
        | 
           
			 | 
        profits of a combination or as a member of a criminal street gang,  | 
      
      
        | 
           
			 | 
        the person commits or conspires to commit one or more of the  | 
      
      
        | 
           
			 | 
        following: | 
      
      
        | 
           
			 | 
                     (1)  murder, capital murder, arson, aggravated  | 
      
      
        | 
           
			 | 
        robbery, robbery, burglary, theft, aggravated kidnapping,  | 
      
      
        | 
           
			 | 
        kidnapping, aggravated assault, aggravated sexual assault, sexual  | 
      
      
        | 
           
			 | 
        assault, forgery, deadly conduct, assault punishable as a Class A  | 
      
      
        | 
           
			 | 
        misdemeanor, burglary of a motor vehicle, or unauthorized use of a  | 
      
      
        | 
           
			 | 
        motor vehicle; | 
      
      
        | 
           
			 | 
                     (2)  any gambling offense punishable as a Class A  | 
      
      
        | 
           
			 | 
        misdemeanor; | 
      
      
        | 
           
			 | 
                     (3)  promotion of prostitution, aggravated promotion  | 
      
      
        | 
           
			 | 
        of prostitution, or compelling prostitution; | 
      
      
        | 
           
			 | 
                     (4)  unlawful manufacture, transportation, repair, or  | 
      
      
        | 
           
			 | 
        sale of firearms or prohibited weapons; | 
      
      
        | 
           
			 | 
                     (5)  unlawful manufacture, delivery, dispensation, or  | 
      
      
        | 
           
			 | 
        distribution of a controlled substance or dangerous drug, or  | 
      
      
        | 
           
			 | 
        unlawful possession of a controlled substance or dangerous drug  | 
      
      
        | 
           
			 | 
        through forgery, fraud, misrepresentation, or deception; | 
      
      
        | 
           
			 | 
                     (5-a)  causing the unlawful delivery, dispensation, or  | 
      
      
        | 
           
			 | 
        distribution of a controlled substance or dangerous drug in  | 
      
      
        | 
           
			 | 
        violation of Subtitle B, Title 3, Occupations Code; | 
      
      
        | 
           
			 | 
                     (6)  any unlawful wholesale promotion or possession of  | 
      
      
        | 
           
			 | 
        any obscene material or obscene device with the intent to wholesale  | 
      
      
        | 
           
			 | 
        promote the same; | 
      
      
        | 
           
			 | 
                     (7)  any offense under Subchapter B, Chapter 43,  | 
      
      
        | 
           
			 | 
        depicting or involving conduct by or directed toward a child  | 
      
      
        | 
           
			 | 
        younger than 18 years of age; | 
      
      
        | 
           
			 | 
                     (8)  any felony offense under Chapter 32; | 
      
      
        | 
           
			 | 
                     (9)  any offense under Chapter 36; | 
      
      
        | 
           
			 | 
                     (10)  any offense under Chapter 34, 35, or 35A; | 
      
      
        | 
           
			 | 
                     (11)  any offense under Section 37.11(a); | 
      
      
        | 
           
			 | 
                     (12)  any offense under Chapter 20A; | 
      
      
        | 
           
			 | 
                     (13)  any offense under Section 37.10; | 
      
      
        | 
           
			 | 
                     (14)  any offense under Section 38.06, 38.07, 38.09, or  | 
      
      
        | 
           
			 | 
        38.11; | 
      
      
        | 
           
			 | 
                     (15)  any offense under Section 42.10; | 
      
      
        | 
           
			 | 
                     (16)  any offense under Section 46.06(a)(1) or 46.14;  | 
      
      
        | 
           
			 | 
        [or] | 
      
      
        | 
           
			 | 
                     (17)  any offense under Section 20.05; or | 
      
      
        | 
           
			 | 
                     (18) [(17)]  any offense classified as a felony under  | 
      
      
        | 
           
			 | 
        the Tax Code. | 
      
      
        | 
           
			 | 
        ARTICLE 17. CHANGES RELATING TO PROPERTY CODE | 
      
      
        | 
           
			 | 
               SECTION 17.001.  Section 51.002(i), Property Code, as added  | 
      
      
        | 
           
			 | 
        by Chapters 252 (H.B. 1127) and 592 (S.B. 101), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (i)  Notice served on a debtor under this section must state  | 
      
      
        | 
           
			 | 
        the name and address of the sender of the notice and contain, in  | 
      
      
        | 
           
			 | 
        addition to any other statements required under this section, a  | 
      
      
        | 
           
			 | 
        statement that is conspicuous, printed in boldface or underlined  | 
      
      
        | 
           
			 | 
        type, and substantially similar to the following:  "Assert and  | 
      
      
        | 
           
			 | 
        protect your rights as a member of the armed forces of the United  | 
      
      
        | 
           
			 | 
        States.  If you are or your spouse is serving on active military  | 
      
      
        | 
           
			 | 
        duty, including active military duty as a member of the Texas  | 
      
      
        | 
           
			 | 
        National Guard or the National Guard of another state or as a member  | 
      
      
        | 
           
			 | 
        of a reserve component of the armed forces of the United States,  | 
      
      
        | 
           
			 | 
        please send written notice of the active duty military service to  | 
      
      
        | 
           
			 | 
        the sender of this notice immediately." | 
      
      
        | 
           
			 | 
               SECTION 17.002.  (a)  Section 209.003(e), Property Code, as  | 
      
      
        | 
           
			 | 
        added by Chapters 1142 (H.B. 1821) and 1282 (H.B. 1228), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is reenacted to conform to  | 
      
      
        | 
           
			 | 
        Section 209.003(e), Property Code, as added by Chapter 1026 (H.B.  | 
      
      
        | 
           
			 | 
        2761), Acts of the 82nd Legislature, Regular Session, 2011, and  | 
      
      
        | 
           
			 | 
        Section 209.003(e), Property Code, as added by Chapter 1217 (S.B.  | 
      
      
        | 
           
			 | 
        472), Acts of the 82nd Legislature, Regular Session, 2011, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (e)  The following provisions of this chapter do not apply to  | 
      
      
        | 
           
			 | 
        a property owners' association that is a mixed-use master  | 
      
      
        | 
           
			 | 
        association that existed before January 1, 1974, and that does not  | 
      
      
        | 
           
			 | 
        have the authority under a dedicatory instrument or other governing  | 
      
      
        | 
           
			 | 
        document to impose fines: | 
      
      
        | 
           
			 | 
                     (1)  Section 209.005(c); | 
      
      
        | 
           
			 | 
                     (2)  Section 209.0056; | 
      
      
        | 
           
			 | 
                     (3)  Section 209.0057; | 
      
      
        | 
           
			 | 
                     (4)  Section 209.0058; | 
      
      
        | 
           
			 | 
                     (5)  Section 209.00592; and | 
      
      
        | 
           
			 | 
                     (6)  Section 209.0062. | 
      
      
        | 
           
			 | 
               (b)  Section 209.003(e), Property Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        1026 (H.B. 2761), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, and Section 209.003(e), Property Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, are repealed. | 
      
      
        | 
           
			 | 
               SECTION 17.003.  Sections 209.0058, 209.0059, 209.00592,  | 
      
      
        | 
           
			 | 
        and 209.00593, Property Code, as added by Chapter 1217 (S.B. 472),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011, are repealed  | 
      
      
        | 
           
			 | 
        as duplicative of Sections 209.0058, 209.0059, 209.00591, and  | 
      
      
        | 
           
			 | 
        209.00592, Property Code, as added by Chapter 1026 (H.B. 2761),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 17.004.  Section 209.0062, Property Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1142 (H.B. 1821), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is repealed as duplicative of Section 209.0062,  | 
      
      
        | 
           
			 | 
        Property Code, as added by Chapter 1282 (H.B. 1228), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
        ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE | 
      
      
        | 
           
			 | 
        PART A. GENERAL CHANGES | 
      
      
        | 
           
			 | 
               SECTION 18.001.  Section 1072.021, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, is amended to add a heading to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1072.021.  ELECTION ON CREATION OF DISTRICT.  (a)  The  | 
      
      
        | 
           
			 | 
        Commissioners Court of Runnels County shall order an election for  | 
      
      
        | 
           
			 | 
        the registered voters of Runnels County who do not reside in the  | 
      
      
        | 
           
			 | 
        Ballinger Memorial Hospital District or the North Runnels County  | 
      
      
        | 
           
			 | 
        Hospital District on the question of creating the Runnels County  | 
      
      
        | 
           
			 | 
        Hospital District if the commissioners court receives notice that: | 
      
      
        | 
           
			 | 
                     (1)  the board of directors of the Ballinger Memorial  | 
      
      
        | 
           
			 | 
        Hospital District intends to order an election to dissolve the  | 
      
      
        | 
           
			 | 
        Ballinger Memorial Hospital District and create the Runnels County  | 
      
      
        | 
           
			 | 
        Hospital District under Subchapter D-1, Chapter 1004; and | 
      
      
        | 
           
			 | 
                     (2)  the board of directors of the North Runnels County  | 
      
      
        | 
           
			 | 
        Hospital District intends to order an election to dissolve the  | 
      
      
        | 
           
			 | 
        North Runnels County Hospital District and create the Runnels  | 
      
      
        | 
           
			 | 
        County Hospital District under Section 20c, Chapter 206, Acts of  | 
      
      
        | 
           
			 | 
        the 61st Legislature, Regular Session, 1969. | 
      
      
        | 
           
			 | 
               (b)  The Commissioners Court of Runnels County shall notify  | 
      
      
        | 
           
			 | 
        the boards of directors of the Ballinger Memorial Hospital District  | 
      
      
        | 
           
			 | 
        and the North Runnels County Hospital District that the  | 
      
      
        | 
           
			 | 
        commissioners court intends to hold the election under this  | 
      
      
        | 
           
			 | 
        section. | 
      
      
        | 
           
			 | 
               (c)  The election held under this section shall be held on  | 
      
      
        | 
           
			 | 
        the same date as the elections to dissolve the Ballinger Memorial  | 
      
      
        | 
           
			 | 
        Hospital District and the North Runnels County Hospital District  | 
      
      
        | 
           
			 | 
        and to create the Runnels County Hospital District.  The  | 
      
      
        | 
           
			 | 
        Commissioners Court of Runnels County shall coordinate with the  | 
      
      
        | 
           
			 | 
        boards of directors of the Ballinger Memorial Hospital District and  | 
      
      
        | 
           
			 | 
        the North Runnels County Hospital District in setting the election  | 
      
      
        | 
           
			 | 
        date under this section. | 
      
      
        | 
           
			 | 
               (d)  The order calling the election under this section must  | 
      
      
        | 
           
			 | 
        state: | 
      
      
        | 
           
			 | 
                     (1)  the nature of the election, including the  | 
      
      
        | 
           
			 | 
        proposition that is to appear on the ballot; | 
      
      
        | 
           
			 | 
                     (2)  the date of the election; | 
      
      
        | 
           
			 | 
                     (3)  the hours during which the polls will be open; and | 
      
      
        | 
           
			 | 
                     (4)  the location of the polling places. | 
      
      
        | 
           
			 | 
               (e)  Section 41.001, Election Code, does not apply to an  | 
      
      
        | 
           
			 | 
        election ordered under this section. | 
      
      
        | 
           
			 | 
               (f)  The Commissioners Court of Runnels County shall give  | 
      
      
        | 
           
			 | 
        notice of an election under this section by publishing a  | 
      
      
        | 
           
			 | 
        substantial copy of the election order in a newspaper with general  | 
      
      
        | 
           
			 | 
        circulation in Runnels County once a week for two consecutive  | 
      
      
        | 
           
			 | 
        weeks.  The first publication must appear not later than the 35th  | 
      
      
        | 
           
			 | 
        day before the date set for the election. | 
      
      
        | 
           
			 | 
               (g)  The ballot for an election under this section must be  | 
      
      
        | 
           
			 | 
        printed to permit voting for or against the proposition:  "The  | 
      
      
        | 
           
			 | 
        creation of the Runnels County Hospital District, providing for the  | 
      
      
        | 
           
			 | 
        imposition of an ad valorem tax at a rate not to exceed ___ cents  | 
      
      
        | 
           
			 | 
        (insert any rate not to exceed 75 cents) on each $100 valuation of  | 
      
      
        | 
           
			 | 
        taxable property in Runnels County. | 
      
      
        | 
           
			 | 
               (h)  The Commissioners Court of Runnels County shall find  | 
      
      
        | 
           
			 | 
        that the Runnels County Hospital District is created if: | 
      
      
        | 
           
			 | 
                     (1)  a majority of the votes in an election held on the  | 
      
      
        | 
           
			 | 
        same date under Subchapter D-1, Chapter 1004, favor dissolution of  | 
      
      
        | 
           
			 | 
        the Ballinger Memorial Hospital District and creation of the  | 
      
      
        | 
           
			 | 
        Runnels County Hospital District; | 
      
      
        | 
           
			 | 
                     (2)  a majority of the votes in an election held on the  | 
      
      
        | 
           
			 | 
        same date under Section 20c, Chapter 206, Acts of the 61st  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1969, favor dissolution of the North  | 
      
      
        | 
           
			 | 
        Runnels County Hospital District and creation of the Runnels County  | 
      
      
        | 
           
			 | 
        Hospital District; and | 
      
      
        | 
           
			 | 
                     (3)  a cumulative majority of the votes held in the  | 
      
      
        | 
           
			 | 
        election called by the commissioners court and in the elections  | 
      
      
        | 
           
			 | 
        described by Subdivisions (1) and (2) favor creation of the Runnels  | 
      
      
        | 
           
			 | 
        County Hospital District. | 
      
      
        | 
           
			 | 
               SECTION 18.002.  (a)  Section 1103.052, Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, as effective April 1, 2013, is amended to conform  | 
      
      
        | 
           
			 | 
        to Section 1, Chapter 400, Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1103.052.  NOTICE OF ELECTION.  Notice [At least 10 days 
         | 
      
      
        | 
           
			 | 
        
          before the date] of a directors' election[, notice of the election]  | 
      
      
        | 
           
			 | 
        must be published in accordance with Section 4.003, Election Code  | 
      
      
        | 
           
			 | 
        [one time in a newspaper of general circulation in Swisher County]. | 
      
      
        | 
           
			 | 
               (b)  Section 1103.053, Special District Local Laws Code, as  | 
      
      
        | 
           
			 | 
        effective April 1, 2013, is amended to conform to Section 1, Chapter  | 
      
      
        | 
           
			 | 
        400, Acts of the 82nd Legislature, Regular Session, 2011, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 1103.053.  BALLOT APPLICATION [PETITION].  A person who  | 
      
      
        | 
           
			 | 
        wants to have the person's name printed on the ballot as a candidate  | 
      
      
        | 
           
			 | 
        for director must file with the board secretary an application in  | 
      
      
        | 
           
			 | 
        accordance with Chapter 144 [a petition requesting that action.  
         | 
      
      
        | 
           
			 | 
        
          The petition must be:
         | 
      
      
        | 
           
			 | 
                     [(1)  signed by not less than 25 registered voters; and
         | 
      
      
        | 
           
			 | 
                     [(2)
           
           
          filed by the deadline imposed by Section 
         | 
      
      
        | 
           
			 | 
        
          144.005], Election Code. | 
      
      
        | 
           
			 | 
               (c)  Section 1103.054(a), Special District Local Laws Code,  | 
      
      
        | 
           
			 | 
        as effective April 1, 2013, is amended to conform to Section 1,  | 
      
      
        | 
           
			 | 
        Chapter 400, Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A person must at the time of election or appointment as  | 
      
      
        | 
           
			 | 
        director: | 
      
      
        | 
           
			 | 
                     (1)  be a registered voter of the district [own 
         | 
      
      
        | 
           
			 | 
        
          property subject to taxation in the district]; and | 
      
      
        | 
           
			 | 
                     (2)  be at least 18 years of age. | 
      
      
        | 
           
			 | 
               (d)  Section 1, Chapter 400, Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.003.  (a)  Subchapter D, Chapter 1103, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as effective April 1, 2013, is amended to  | 
      
      
        | 
           
			 | 
        conform to Section 2, Chapter 400, Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, by adding Section 1103.156 to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 1103.156.  AUTHORITY TO BORROW MONEY; SECURITY.   | 
      
      
        | 
           
			 | 
        (a)  The board may borrow money at a rate not to exceed the maximum  | 
      
      
        | 
           
			 | 
        annual percentage rate allowed by law for district obligations at  | 
      
      
        | 
           
			 | 
        the time the loan is made. | 
      
      
        | 
           
			 | 
               (b)  To secure a loan, the board may pledge: | 
      
      
        | 
           
			 | 
                     (1)  district revenue that is not pledged to pay the  | 
      
      
        | 
           
			 | 
        district's bonded indebtedness; | 
      
      
        | 
           
			 | 
                     (2)  district taxes to be imposed by the district  | 
      
      
        | 
           
			 | 
        during the 12-month period following the date of the pledge that are  | 
      
      
        | 
           
			 | 
        not pledged to pay the principal of or interest on district bonds;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (3)  district bonds that have been authorized but not  | 
      
      
        | 
           
			 | 
        sold. | 
      
      
        | 
           
			 | 
               (c)  A loan for which taxes or bonds are pledged must mature  | 
      
      
        | 
           
			 | 
        not later than the first anniversary of the date the loan is made.  A  | 
      
      
        | 
           
			 | 
        loan for which district revenue is pledged must mature not later  | 
      
      
        | 
           
			 | 
        than the fifth anniversary of the date the loan is made. | 
      
      
        | 
           
			 | 
               (b)  Subchapter E, Chapter 1103, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, as effective April 1, 2013, is amended to conform to Section  | 
      
      
        | 
           
			 | 
        2, Chapter 400, Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, by adding Sections 1103.2045, 1103.208, and 1103.209 to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 1103.2045.  REVENUE BONDS.  (a)  The board may issue  | 
      
      
        | 
           
			 | 
        revenue bonds to: | 
      
      
        | 
           
			 | 
                     (1)  purchase, construct, acquire, repair, or renovate  | 
      
      
        | 
           
			 | 
        buildings or improvements; | 
      
      
        | 
           
			 | 
                     (2)  equip buildings or improvements for hospital  | 
      
      
        | 
           
			 | 
        purposes; or | 
      
      
        | 
           
			 | 
                     (3)  acquire real property for hospital purposes. | 
      
      
        | 
           
			 | 
               (b)  Revenue bonds must be payable from and secured by a  | 
      
      
        | 
           
			 | 
        pledge of all or part of the revenue derived from the operation of  | 
      
      
        | 
           
			 | 
        the district's hospital system. | 
      
      
        | 
           
			 | 
               (c)  Revenue bonds may be additionally secured by a mortgage  | 
      
      
        | 
           
			 | 
        or deed of trust on all or part of district property. | 
      
      
        | 
           
			 | 
               (d)  Revenue bonds must be issued in the manner provided by  | 
      
      
        | 
           
			 | 
        Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049,  | 
      
      
        | 
           
			 | 
        Health and Safety Code, for issuance of revenue bonds by a county  | 
      
      
        | 
           
			 | 
        hospital authority. | 
      
      
        | 
           
			 | 
               Sec. 1103.208.  ADDITIONAL MEANS OF SECURING REPAYMENT OF  | 
      
      
        | 
           
			 | 
        BONDS.  In addition to the authority to issue general obligation  | 
      
      
        | 
           
			 | 
        bonds and revenue bonds under this chapter, the board may provide  | 
      
      
        | 
           
			 | 
        for the security and payment of district bonds from a pledge of a  | 
      
      
        | 
           
			 | 
        combination of ad valorem taxes as authorized by Section 1103.202  | 
      
      
        | 
           
			 | 
        and revenue and other sources as authorized by Section 1103.2045. | 
      
      
        | 
           
			 | 
               Sec. 1103.209.  USE OF BOND PROCEEDS.  The district may use  | 
      
      
        | 
           
			 | 
        the proceeds of bonds issued under this chapter to pay: | 
      
      
        | 
           
			 | 
                     (1)  any expense the board determines is reasonable and  | 
      
      
        | 
           
			 | 
        necessary to issue, sell, and deliver the bonds; | 
      
      
        | 
           
			 | 
                     (2)  interest payments on the bonds during a period of  | 
      
      
        | 
           
			 | 
        acquisition or construction of a project or facility to be provided  | 
      
      
        | 
           
			 | 
        through the bonds, not to exceed five years; | 
      
      
        | 
           
			 | 
                     (3)  costs related to the operation and maintenance of  | 
      
      
        | 
           
			 | 
        a project or facility to be provided through the bonds: | 
      
      
        | 
           
			 | 
                           (A)  during an estimated period of acquisition or  | 
      
      
        | 
           
			 | 
        construction, not to exceed five years; and | 
      
      
        | 
           
			 | 
                           (B)  for one year after the project or facility is  | 
      
      
        | 
           
			 | 
        acquired or constructed; | 
      
      
        | 
           
			 | 
                     (4)  costs related to the financing of the bond funds,  | 
      
      
        | 
           
			 | 
        including debt service reserve and contingency funds; | 
      
      
        | 
           
			 | 
                     (5)  costs related to the bond issuance; | 
      
      
        | 
           
			 | 
                     (6)  costs related to the acquisition of land or  | 
      
      
        | 
           
			 | 
        interests in land for a project or facility to be provided through  | 
      
      
        | 
           
			 | 
        the bonds; and | 
      
      
        | 
           
			 | 
                     (7)  construction costs of a project or facility to be  | 
      
      
        | 
           
			 | 
        provided through the bonds, including the payment of related  | 
      
      
        | 
           
			 | 
        professional services and expenses. | 
      
      
        | 
           
			 | 
               (c)  Section 2, Chapter 400, Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.004.  (a)  Section 1108.058, Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, as effective April 1, 2013, is amended to conform  | 
      
      
        | 
           
			 | 
        to Section 1, Chapter 472, Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1108.058.  QUORUM; VOTING REQUIREMENT.  (a)  Any five  | 
      
      
        | 
           
			 | 
        [four] directors constitute a quorum. | 
      
      
        | 
           
			 | 
               (b)  A concurrence of five [four] directors is sufficient in  | 
      
      
        | 
           
			 | 
        any matter relating to district business. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 472, Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.005.  Section 6905.161(f), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to more closely conform to the source  | 
      
      
        | 
           
			 | 
        law from which the section was derived to read as follows: | 
      
      
        | 
           
			 | 
               (f)  A public agency or political subdivision, including the  | 
      
      
        | 
           
			 | 
        City of Beeville, may enter into a contract or agreement with the  | 
      
      
        | 
           
			 | 
        district [authority] for a water supply as provided by Section  | 
      
      
        | 
           
			 | 
        6905.160. | 
      
      
        | 
           
			 | 
               SECTION 18.006.  Section 8813.001(6), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (6)  "Groundwater reduction plan" means a plan adopted  | 
      
      
        | 
           
			 | 
        or implemented to supply water, reduce reliance on groundwater,  | 
      
      
        | 
           
			 | 
        regulate groundwater pumping and usage, or require and allocate  | 
      
      
        | 
           
			 | 
        water usage among persons in order to comply with or exceed  | 
      
      
        | 
           
			 | 
        requirements imposed by the Fort Bend Subsidence District or the  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District, as applicable,  | 
      
      
        | 
           
			 | 
        including any applicable groundwater reduction requirements. | 
      
      
        | 
           
			 | 
               SECTION 18.007.  Section 8813.007(b), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct references to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  This chapter does not prevail over or preempt a  | 
      
      
        | 
           
			 | 
        provision of Chapter 36, Water Code, or Chapter 8801 or 8834 of this  | 
      
      
        | 
           
			 | 
        code[, or Chapter 1045, Acts of the 71st Legislature, Regular 
         | 
      
      
        | 
           
			 | 
        
          Session, 1989,] that is being implemented by the Harris-Galveston  | 
      
      
        | 
           
			 | 
        [Coastal] Subsidence District or Fort Bend Subsidence District, as  | 
      
      
        | 
           
			 | 
        applicable. | 
      
      
        | 
           
			 | 
               SECTION 18.008.  Section 8813.008, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8813.008.  FINDING OF BENEFIT.  All the land, property,  | 
      
      
        | 
           
			 | 
        and persons included within the boundaries of the authority will be  | 
      
      
        | 
           
			 | 
        directly benefited by the works, projects, improvements, and  | 
      
      
        | 
           
			 | 
        services to be provided by the authority under powers conferred by  | 
      
      
        | 
           
			 | 
        Section 59, Article XVI, Texas Constitution, and this chapter.  The  | 
      
      
        | 
           
			 | 
        authority is created to serve a public use and benefit.  The  | 
      
      
        | 
           
			 | 
        creation of the authority will serve to promote the health, safety,  | 
      
      
        | 
           
			 | 
        and general welfare of persons within the authority and the general  | 
      
      
        | 
           
			 | 
        public.  Any fees, user fees, rates, charges, or special  | 
      
      
        | 
           
			 | 
        assessments imposed by the authority under this chapter are  | 
      
      
        | 
           
			 | 
        necessary to pay for the costs of accomplishing the purposes of the  | 
      
      
        | 
           
			 | 
        authority as set forth in Section 59, Article XVI, Texas  | 
      
      
        | 
           
			 | 
        Constitution, and this chapter, including: | 
      
      
        | 
           
			 | 
                     (1)  the reduction of groundwater withdrawals; | 
      
      
        | 
           
			 | 
                     (2)  the facilitation of compliance with the  | 
      
      
        | 
           
			 | 
        requirements of the Fort Bend Subsidence District or the  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District, as applicable; and | 
      
      
        | 
           
			 | 
                     (3)  the provision of services, facilities, and  | 
      
      
        | 
           
			 | 
        systems. | 
      
      
        | 
           
			 | 
               SECTION 18.009.  Section 8813.101(a), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The authority may: | 
      
      
        | 
           
			 | 
                     (1)  provide for the conservation, preservation,  | 
      
      
        | 
           
			 | 
        protection, recharge, and prevention of waste of groundwater, and  | 
      
      
        | 
           
			 | 
        for the reduction of groundwater withdrawals as necessary to  | 
      
      
        | 
           
			 | 
        develop, implement, or enforce a groundwater reduction plan, in a  | 
      
      
        | 
           
			 | 
        manner consistent with the purposes of Section 59, Article XVI,  | 
      
      
        | 
           
			 | 
        Texas Constitution, and facilitate compliance with Fort Bend  | 
      
      
        | 
           
			 | 
        Subsidence District or Harris-Galveston [Coastal] Subsidence  | 
      
      
        | 
           
			 | 
        District, as applicable, rules, orders, regulations, or  | 
      
      
        | 
           
			 | 
        requirements; | 
      
      
        | 
           
			 | 
                     (2)  acquire or develop surface water and groundwater  | 
      
      
        | 
           
			 | 
        supplies from sources inside or outside the boundaries of the  | 
      
      
        | 
           
			 | 
        authority, conserve, store, transport, treat, purify, distribute,  | 
      
      
        | 
           
			 | 
        sell, and deliver water to or among persons inside and outside the  | 
      
      
        | 
           
			 | 
        boundaries of the authority, and allocate water among persons  | 
      
      
        | 
           
			 | 
        participating in the authority's groundwater reduction plan  | 
      
      
        | 
           
			 | 
        whether they are located inside or outside the authority's  | 
      
      
        | 
           
			 | 
        boundaries; | 
      
      
        | 
           
			 | 
                     (3)  enter into contracts with persons inside or  | 
      
      
        | 
           
			 | 
        outside the authority on terms and conditions the board considers  | 
      
      
        | 
           
			 | 
        desirable, fair, and advantageous for the performance of its  | 
      
      
        | 
           
			 | 
        rights, powers, and authority under this chapter; | 
      
      
        | 
           
			 | 
                     (4)  coordinate water services provided inside,  | 
      
      
        | 
           
			 | 
        outside, or into the authority; | 
      
      
        | 
           
			 | 
                     (5)  provide wholesale and retail water services to any  | 
      
      
        | 
           
			 | 
        users or customers within the authority's boundaries without being  | 
      
      
        | 
           
			 | 
        required to execute contracts with those users or customers; | 
      
      
        | 
           
			 | 
                     (6)  adopt policies establishing whether, when, and the  | 
      
      
        | 
           
			 | 
        manner in which the authority uses requests for proposals in  | 
      
      
        | 
           
			 | 
        obtaining services, including professional services; | 
      
      
        | 
           
			 | 
                     (7)  determine whether to adopt administrative  | 
      
      
        | 
           
			 | 
        policies in addition to those required by Section 49.199, Water  | 
      
      
        | 
           
			 | 
        Code; and | 
      
      
        | 
           
			 | 
                     (8)  administer and enforce this chapter. | 
      
      
        | 
           
			 | 
               SECTION 18.010.  Section 8813.103(d), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (d)  For wells located in Harris County or Fort Bend County,  | 
      
      
        | 
           
			 | 
        the board shall exempt from the charge under Subsection (b) classes  | 
      
      
        | 
           
			 | 
        of wells that are not subject to any groundwater reduction  | 
      
      
        | 
           
			 | 
        requirement imposed by the Harris-Galveston [Coastal] Subsidence  | 
      
      
        | 
           
			 | 
        District or the Fort Bend Subsidence District, as applicable.  If  | 
      
      
        | 
           
			 | 
        any of those classes of wells become subject to a groundwater  | 
      
      
        | 
           
			 | 
        reduction requirement imposed by the applicable subsidence  | 
      
      
        | 
           
			 | 
        district, the authority may impose the charge under Subsection (b)  | 
      
      
        | 
           
			 | 
        on those classes.  The board by rule may exempt any other classes of  | 
      
      
        | 
           
			 | 
        wells from the charge under Subsection (b).  The board may not apply  | 
      
      
        | 
           
			 | 
        the charge under Subsection (b) to a well: | 
      
      
        | 
           
			 | 
                     (1)  with a casing diameter of less than five inches  | 
      
      
        | 
           
			 | 
        that serves only a single-family dwelling; or | 
      
      
        | 
           
			 | 
                     (2)  regulated under Chapter 27, Water Code. | 
      
      
        | 
           
			 | 
               SECTION 18.011.  Sections 8813.105(e) and (j), Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, are amended to correct references to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (e)  Written notice containing the information required by  | 
      
      
        | 
           
			 | 
        Subsection (d) shall be mailed by certified mail, return receipt  | 
      
      
        | 
           
			 | 
        requested, not later than the 30th day before the date of the  | 
      
      
        | 
           
			 | 
        hearing.  The notice shall be mailed to each person within the  | 
      
      
        | 
           
			 | 
        authority who holds a permit for a well issued by the  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District or Fort Bend  | 
      
      
        | 
           
			 | 
        Subsidence District, as applicable, and whose well is subject to a  | 
      
      
        | 
           
			 | 
        groundwater reduction requirement imposed by that district.  The  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District and Fort Bend  | 
      
      
        | 
           
			 | 
        Subsidence District shall provide to the authority a list of  | 
      
      
        | 
           
			 | 
        persons who hold such a permit. | 
      
      
        | 
           
			 | 
               (j)  The board shall apportion the cost of an improvement  | 
      
      
        | 
           
			 | 
        project or services to be assessed against the property in the  | 
      
      
        | 
           
			 | 
        authority according to the special benefits that accrue to the  | 
      
      
        | 
           
			 | 
        property because of the improvement project or services.  The board  | 
      
      
        | 
           
			 | 
        may assess the cost only according to the number of gallons of  | 
      
      
        | 
           
			 | 
        groundwater pumped from wells within the authority that are subject  | 
      
      
        | 
           
			 | 
        to a groundwater reduction requirement imposed by the  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District or Fort Bend  | 
      
      
        | 
           
			 | 
        Subsidence District, as applicable.  The board may not assess the  | 
      
      
        | 
           
			 | 
        cost according to groundwater pumped from: | 
      
      
        | 
           
			 | 
                     (1)  a well with a casing diameter of less than five  | 
      
      
        | 
           
			 | 
        inches that serves only a single-family dwelling; or | 
      
      
        | 
           
			 | 
                     (2)  a well that is regulated by Chapter 27, Water Code. | 
      
      
        | 
           
			 | 
               SECTION 18.012.  Section 8813.111(a), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The authority may wholly or partly develop, prepare,  | 
      
      
        | 
           
			 | 
        revise, adopt, implement, enforce, manage, or participate in a  | 
      
      
        | 
           
			 | 
        groundwater reduction plan that is applicable only to the authority  | 
      
      
        | 
           
			 | 
        and one or more persons outside the authority.  The authority may  | 
      
      
        | 
           
			 | 
        require that any groundwater reduction plan that the authority  | 
      
      
        | 
           
			 | 
        wholly or partly develops, prepares, revises, adopts, implements,  | 
      
      
        | 
           
			 | 
        enforces, or manages or in which the authority participates be the  | 
      
      
        | 
           
			 | 
        exclusive groundwater reduction plan that is binding and mandatory  | 
      
      
        | 
           
			 | 
        on some or all of the territory, persons, or wells located within  | 
      
      
        | 
           
			 | 
        the authority.  A groundwater reduction plan may: | 
      
      
        | 
           
			 | 
                     (1)  specify the measures to be taken to reduce  | 
      
      
        | 
           
			 | 
        groundwater withdrawals; | 
      
      
        | 
           
			 | 
                     (2)  identify alternative sources of water, including  | 
      
      
        | 
           
			 | 
        water from the authority, to be provided to those affected; | 
      
      
        | 
           
			 | 
                     (3)  identify the rates, terms, and conditions under  | 
      
      
        | 
           
			 | 
        which alternative sources of water will be provided, which may be  | 
      
      
        | 
           
			 | 
        changed from time to time as considered necessary by the authority; | 
      
      
        | 
           
			 | 
                     (4)  specify the dates and extent to which persons or  | 
      
      
        | 
           
			 | 
        districts within the authority's boundaries shall reduce or cease  | 
      
      
        | 
           
			 | 
        reliance on groundwater and accept water from alternative sources,  | 
      
      
        | 
           
			 | 
        including water from the authority; | 
      
      
        | 
           
			 | 
                     (5)  include other terms and measures that are  | 
      
      
        | 
           
			 | 
        consistent with the powers and duties of the authority; | 
      
      
        | 
           
			 | 
                     (6)  exceed the minimum requirements imposed by the  | 
      
      
        | 
           
			 | 
        Harris-Galveston [Coastal] Subsidence District or Fort Bend  | 
      
      
        | 
           
			 | 
        Subsidence District, as applicable, including any applicable  | 
      
      
        | 
           
			 | 
        groundwater reduction requirements; and | 
      
      
        | 
           
			 | 
                     (7)  be amended from time to time at the discretion of  | 
      
      
        | 
           
			 | 
        the authority. | 
      
      
        | 
           
			 | 
               SECTION 18.013.  Section 8813.112(c), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (c)  The authority by rule may require that the plans and  | 
      
      
        | 
           
			 | 
        specifications of water lines to be constructed within the  | 
      
      
        | 
           
			 | 
        authority that are designed or intended to serve more than one  | 
      
      
        | 
           
			 | 
        district or more than one person owning or holding a well permit  | 
      
      
        | 
           
			 | 
        issued by the Harris-Galveston [Coastal] Subsidence District or  | 
      
      
        | 
           
			 | 
        Fort Bend Subsidence District, as applicable, be approved by the  | 
      
      
        | 
           
			 | 
        authority before the commencement of construction of the water  | 
      
      
        | 
           
			 | 
        lines. | 
      
      
        | 
           
			 | 
               SECTION 18.014.  Section 8815.001(10), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a reference to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (10)  "Subsidence district" means the Harris-Galveston  | 
      
      
        | 
           
			 | 
        [Coastal] Subsidence District. | 
      
      
        | 
           
			 | 
               SECTION 18.015.  Section 8825.109, Special District Local  | 
      
      
        | 
           
			 | 
        Laws Code, is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8825.109.  COORDINATION WITH OTHER ENTITIES.  The  | 
      
      
        | 
           
			 | 
        district may: | 
      
      
        | 
           
			 | 
                     (1)  coordinate activities with the Central  | 
      
      
        | 
           
			 | 
        Carrizo-Wilcox Coordinating Council and appoint a nonvoting  | 
      
      
        | 
           
			 | 
        representative to the Central Carrizo-Wilcox Coordinating Council;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  coordinate activities with the Harris-Galveston  | 
      
      
        | 
           
			 | 
        [Coastal] Subsidence District or other groundwater conservation  | 
      
      
        | 
           
			 | 
        districts to manage portions of the Gulf Coast Aquifer. | 
      
      
        | 
           
			 | 
               SECTION 18.016.  Section 8832.001(3), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, is amended to correct a typographical error to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
                     (3)  "District" means the Mesquite [Mequite]  | 
      
      
        | 
           
			 | 
        Groundwater Conservation District. | 
      
      
        | 
           
			 | 
               SECTION 18.017.  (a)  Section 8851.053, Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, as effective April 1, 2013, is amended to conform  | 
      
      
        | 
           
			 | 
        to Section 1, Chapter 199, Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8851.053.  ELECTION DATE.  On the uniform election date  | 
      
      
        | 
           
			 | 
        in November [May] of each even-numbered year, the appropriate  | 
      
      
        | 
           
			 | 
        number of directors shall be elected. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 199, Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.018.  (a)  Section 8857.053, Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, as effective April 1, 2013, is amended to conform  | 
      
      
        | 
           
			 | 
        to Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8857.053.  ELECTION DATE.  On the uniform election date  | 
      
      
        | 
           
			 | 
        in November [May] of each even-numbered year, the appropriate  | 
      
      
        | 
           
			 | 
        number of directors shall be elected. | 
      
      
        | 
           
			 | 
               (b)  Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, are repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.019.  (a)  Sections 8857.102(b) and (c), Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as effective April 1, 2013, are amended to  | 
      
      
        | 
           
			 | 
        conform to Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The district may contract with other governmental  | 
      
      
        | 
           
			 | 
        entities[, including a river authority in the district,] to perform  | 
      
      
        | 
           
			 | 
        district functions. | 
      
      
        | 
           
			 | 
               (c)  The district may not contract with a [A] river authority  | 
      
      
        | 
           
			 | 
        to [that contracts with the district under Subsection (b) may]  | 
      
      
        | 
           
			 | 
        perform district functions except as provided by Chapter 791,  | 
      
      
        | 
           
			 | 
        Government Code [the contract]. | 
      
      
        | 
           
			 | 
               (b)  Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, are repealed. | 
      
      
        | 
           
			 | 
               SECTION 18.020.  (a)  Subchapter C, Chapter 8857, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, as effective April 1, 2013, is amended to  | 
      
      
        | 
           
			 | 
        conform to Section 2.01, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, by adding Section 8857.103 to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8857.103.  NO EMINENT DOMAIN POWER.  The district may  | 
      
      
        | 
           
			 | 
        not exercise the powers granted by Section 36.105, Water Code. | 
      
      
        | 
           
			 | 
               (b)  Section 2.01, Chapter 1267, Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is repealed. | 
      
      
        | 
           
			 | 
        PART B. AMENDMENTS MADE TO CONFORM TO CHANGES IN ELECTION CODE | 
      
      
        | 
           
			 | 
               SECTION 18.101.  The following changes are made to conform  | 
      
      
        | 
           
			 | 
        provisions of the Special District Local Laws Code, as effective  | 
      
      
        | 
           
			 | 
        April 1, 2013, to Section 41.0052, Election Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 505 (H.B. 1545) and 1318 (S.B. 100), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011: | 
      
      
        | 
           
			 | 
                     (1)  Section 1034.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve staggered two-year terms; and | 
      
      
        | 
           
			 | 
                     (2)  an election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date, or another date authorized by law, to elect  | 
      
      
        | 
           
			 | 
        the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (2)  Section 1069.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve staggered two-year terms; and | 
      
      
        | 
           
			 | 
                     (2)  an election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date, or another date authorized by law, to elect  | 
      
      
        | 
           
			 | 
        the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (3)  Section 1074.051(c), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A directors' election to elect two directors shall be  | 
      
      
        | 
           
			 | 
        held annually on the May uniform election date or another date  | 
      
      
        | 
           
			 | 
        authorized by law. | 
      
      
        | 
           
			 | 
                     (4)  Section 1086.051(c), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A directors' election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date, or another date authorized by law, to elect  | 
      
      
        | 
           
			 | 
        the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (5)  Section 1098.051(c), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A directors' election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date prescribed by Section 41.001, Election Code,  | 
      
      
        | 
           
			 | 
        or another date authorized by law. | 
      
      
        | 
           
			 | 
                     (6)  Section 1099.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve staggered two-year terms with the  | 
      
      
        | 
           
			 | 
        terms of two or three directors expiring each year as appropriate;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  a directors' election shall be held annually on the  | 
      
      
        | 
           
			 | 
        May uniform election date, or another date authorized by law, to  | 
      
      
        | 
           
			 | 
        elect the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (7)  Section 1100.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve staggered two-year terms; and | 
      
      
        | 
           
			 | 
                     (2)  an election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date, or another date authorized by law, to elect  | 
      
      
        | 
           
			 | 
        the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (8)  Section 1101.051(c), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  An election shall be held in each even-numbered year on  | 
      
      
        | 
           
			 | 
        the May uniform election date prescribed under Section 41.001,  | 
      
      
        | 
           
			 | 
        Election Code, or another date authorized by law, to elect the  | 
      
      
        | 
           
			 | 
        appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (9)  Section 1102.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve two-year terms; and | 
      
      
        | 
           
			 | 
                     (2)  an election shall be held annually on the May  | 
      
      
        | 
           
			 | 
        uniform election date prescribed under Section 41.001, Election  | 
      
      
        | 
           
			 | 
        Code, or another date authorized by law. | 
      
      
        | 
           
			 | 
                     (10)  Section 1103.051(c), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  An election shall be held annually on the May uniform  | 
      
      
        | 
           
			 | 
        election date, or another date authorized by law, [in May of each 
         | 
      
      
        | 
           
			 | 
        
          year] to elect the appropriate number of directors. | 
      
      
        | 
           
			 | 
                     (11)  Section 1105.051(b), Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Unless four-year terms are established under Section  | 
      
      
        | 
           
			 | 
        285.081, Health and Safety Code: | 
      
      
        | 
           
			 | 
                     (1)  directors serve staggered two-year terms with the  | 
      
      
        | 
           
			 | 
        terms of three or four directors expiring each year as appropriate;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  a directors' election shall be held annually on the  | 
      
      
        | 
           
			 | 
        May uniform election date or another date authorized by law. | 
      
      
        | 
           
			 | 
                     (12)  Section 8838.053, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8838.053.  ELECTION DATE.  Each even-numbered year, on  | 
      
      
        | 
           
			 | 
        [On] the uniform election date in May or another date authorized by  | 
      
      
        | 
           
			 | 
        law [of each even-numbered year], the appropriate number of  | 
      
      
        | 
           
			 | 
        directors shall be elected. | 
      
      
        | 
           
			 | 
                     (13)  Section 8843.053, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8843.053.  ELECTION DATE.  Each year on [On] the uniform  | 
      
      
        | 
           
			 | 
        election date in May or another date authorized by law [of each 
         | 
      
      
        | 
           
			 | 
        
          year], the appropriate number of directors shall be elected. | 
      
      
        | 
           
			 | 
                     (14)  Section 8845.053, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 8845.053.  ELECTION DATE.  Each even-numbered year, an  | 
      
      
        | 
           
			 | 
        election shall be held on the uniform election date in May or  | 
      
      
        | 
           
			 | 
        another date authorized by law to elect the appropriate number of  | 
      
      
        | 
           
			 | 
        directors. | 
      
      
        | 
           
			 | 
               SECTION 18.102.  Section 1102.301(d), Special District  | 
      
      
        | 
           
			 | 
        Local Laws Code, as effective April 1, 2013, is repealed to conform  | 
      
      
        | 
           
			 | 
        to Section 3.005, Election Code, as amended by Chapter 1318 (S.B.  | 
      
      
        | 
           
			 | 
        100), Acts of the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
        ARTICLE 19.  CHANGES RELATING TO TAX CODE | 
      
      
        | 
           
			 | 
               SECTION 19.001.  Section 25.025(a), Tax Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 348 (H.B. 3307) and 953 (H.B. 1046), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to: | 
      
      
        | 
           
			 | 
                     (1)  a current or former peace officer as defined by  | 
      
      
        | 
           
			 | 
        Article 2.12, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (2)  a county jailer as defined by Section 1701.001,  | 
      
      
        | 
           
			 | 
        Occupations Code; | 
      
      
        | 
           
			 | 
                     (3)  an employee of the Texas Department of Criminal  | 
      
      
        | 
           
			 | 
        Justice; | 
      
      
        | 
           
			 | 
                     (4)  a commissioned security officer as defined by  | 
      
      
        | 
           
			 | 
        Section 1702.002, Occupations Code; | 
      
      
        | 
           
			 | 
                     (5)  a victim of family violence as defined by Section  | 
      
      
        | 
           
			 | 
        71.004, Family Code, if as a result of the act of family violence  | 
      
      
        | 
           
			 | 
        against the victim, the actor is convicted of a felony or a Class A  | 
      
      
        | 
           
			 | 
        misdemeanor; | 
      
      
        | 
           
			 | 
                     (6)  a federal judge, a state judge, or the spouse of a  | 
      
      
        | 
           
			 | 
        federal judge or state judge; | 
      
      
        | 
           
			 | 
                     (7)  a current or former employee of a district  | 
      
      
        | 
           
			 | 
        attorney, criminal district attorney, or county or municipal  | 
      
      
        | 
           
			 | 
        attorney whose jurisdiction includes any criminal law or child  | 
      
      
        | 
           
			 | 
        protective services matters; | 
      
      
        | 
           
			 | 
                     (8)  an officer or employee of a community supervision  | 
      
      
        | 
           
			 | 
        and corrections department established under Chapter 76,  | 
      
      
        | 
           
			 | 
        Government Code, who performs a duty described by Section 76.004(b)  | 
      
      
        | 
           
			 | 
        of that code; | 
      
      
        | 
           
			 | 
                     (9)  a criminal investigator of the United States as  | 
      
      
        | 
           
			 | 
        described by Article 2.122(a), Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (10)  a police officer or inspector of the United  | 
      
      
        | 
           
			 | 
        States Federal Protective Service; [and] | 
      
      
        | 
           
			 | 
                     (11)  a current or former United States attorney or  | 
      
      
        | 
           
			 | 
        assistant United States attorney and the spouse and child of the  | 
      
      
        | 
           
			 | 
        attorney; and | 
      
      
        | 
           
			 | 
                     (12) [(11)]  a current or former employee of the office  | 
      
      
        | 
           
			 | 
        of the attorney general who is or was assigned to a division of that  | 
      
      
        | 
           
			 | 
        office the duties of which involve law enforcement. | 
      
      
        | 
           
			 | 
               SECTION 19.002.  Sections 25.25(g-1) and (g-2), Tax Code,  | 
      
      
        | 
           
			 | 
        are amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (g-1)  In a suit filed under Subsection (g), if a hearing to  | 
      
      
        | 
           
			 | 
        review and determine compliance with Section 25.26 [42.08] is  | 
      
      
        | 
           
			 | 
        requested, the movant must mail notice of the hearing by certified  | 
      
      
        | 
           
			 | 
        mail, return receipt requested, to the collector for each taxing  | 
      
      
        | 
           
			 | 
        unit that imposes taxes on the property not later than the 45th day  | 
      
      
        | 
           
			 | 
        before the date of the hearing. | 
      
      
        | 
           
			 | 
               (g-2)  Regardless of whether the collector for the taxing  | 
      
      
        | 
           
			 | 
        unit receives a notice under Subsection (g-1), a taxing unit that  | 
      
      
        | 
           
			 | 
        imposes taxes on the property may intervene in a suit filed under  | 
      
      
        | 
           
			 | 
        Subsection (g) and participate in the proceedings for the limited  | 
      
      
        | 
           
			 | 
        purpose of determining whether the property owner has complied with  | 
      
      
        | 
           
			 | 
        Section 25.26 [42.08].  The taxing unit is entitled to process for  | 
      
      
        | 
           
			 | 
        witnesses and evidence and to be heard by the court. | 
      
      
        | 
           
			 | 
               SECTION 19.003.  Section 26.012(9), Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        clarify a mathematical formula to read as follows: | 
      
      
        | 
           
			 | 
                     (9)  "Effective maintenance and operations rate" means  | 
      
      
        | 
           
			 | 
        a rate expressed in dollars per $100 of taxable value and calculated  | 
      
      
        | 
           
			 | 
        according to the following formula: | 
      
      
        | 
           
			 | 
        EFFECTIVE MAINTENANCE AND OPERATIONS RATE = (LAST YEAR'S  | 
      
      
        | 
           
			 | 
        LEVY[)] - [(]LAST YEAR'S DEBT LEVY[)] - [(]LAST YEAR'S JUNIOR  | 
      
      
        | 
           
			 | 
        COLLEGE LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) | 
      
      
        | 
           
			 | 
               SECTION 19.004.  Sections 31.031(b), (c), and (d), Tax Code,  | 
      
      
        | 
           
			 | 
        are amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (b)  If the individual fails to make a payment before the  | 
      
      
        | 
           
			 | 
        applicable date provided by Subsection (a-1) [(a)], the unpaid  | 
      
      
        | 
           
			 | 
        amount is delinquent and incurs a penalty of six percent and  | 
      
      
        | 
           
			 | 
        interest as provided by Section 33.01(c).  The penalty provided by  | 
      
      
        | 
           
			 | 
        Section 33.01(a) does not apply to the unpaid amount. | 
      
      
        | 
           
			 | 
               (c)  An individual may pay more than the amount due for each  | 
      
      
        | 
           
			 | 
        installment and the amount in excess of the amount due shall be  | 
      
      
        | 
           
			 | 
        credited to the next installment.  An individual may not pay less  | 
      
      
        | 
           
			 | 
        than the total amount due for each installment unless the collector  | 
      
      
        | 
           
			 | 
        provides for the acceptance of partial payments under this section.   | 
      
      
        | 
           
			 | 
        If the collector accepts a partial payment, penalties and interest  | 
      
      
        | 
           
			 | 
        are incurred only by the amount of each installment that remains  | 
      
      
        | 
           
			 | 
        unpaid on the applicable date provided by Subsection (a-1) [(a)]. | 
      
      
        | 
           
			 | 
               (d)  If the delinquency date for taxes to which this section  | 
      
      
        | 
           
			 | 
        applies is postponed to May 1 or a later date, the collector shall  | 
      
      
        | 
           
			 | 
        extend each installment deadline provided by Subsection (a-1) [(a)]  | 
      
      
        | 
           
			 | 
        by the number of months that the delinquency date was postponed. | 
      
      
        | 
           
			 | 
               SECTION 19.005.  Section 42.01, Tax Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 322 (H.B. 2476), 771 (H.B. 1887), and 793 (H.B. 2220), Acts  | 
      
      
        | 
           
			 | 
        of the 82nd Legislature, Regular Session, 2011, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 42.01.  RIGHT OF APPEAL BY PROPERTY OWNER.  (a)  A  | 
      
      
        | 
           
			 | 
        property owner is entitled to appeal: | 
      
      
        | 
           
			 | 
                     (1)  an order of the appraisal review board  | 
      
      
        | 
           
			 | 
        determining: | 
      
      
        | 
           
			 | 
                           (A)  a protest by the property owner as provided  | 
      
      
        | 
           
			 | 
        by Subchapter C of Chapter 41; | 
      
      
        | 
           
			 | 
                           (B)  a determination of an appraisal review board  | 
      
      
        | 
           
			 | 
        on a motion filed under Section 25.25; [or] | 
      
      
        | 
           
			 | 
                           (C)  a determination of an appraisal review board  | 
      
      
        | 
           
			 | 
        that the property owner has forfeited the right to a final  | 
      
      
        | 
           
			 | 
        determination of a motion filed under Section 25.25 or of a protest  | 
      
      
        | 
           
			 | 
        under Section 41.411 for failing to comply with the prepayment  | 
      
      
        | 
           
			 | 
        requirements of Section 25.26 or 41.4115, as applicable; or | 
      
      
        | 
           
			 | 
                           (D) [(C)]  a determination of an appraisal review  | 
      
      
        | 
           
			 | 
        board of eligibility for a refund requested under Section 23.1243;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (2)  an order of the comptroller issued as provided by  | 
      
      
        | 
           
			 | 
        Subchapter B, Chapter 24, apportioning among the counties the  | 
      
      
        | 
           
			 | 
        appraised value of railroad rolling stock owned by the property  | 
      
      
        | 
           
			 | 
        owner. | 
      
      
        | 
           
			 | 
               (b)  A property owner who establishes that the owner did not  | 
      
      
        | 
           
			 | 
        forfeit the right to a final determination of a motion or of a  | 
      
      
        | 
           
			 | 
        protest in an appeal under Subsection (a)(1)(C) is entitled to a  | 
      
      
        | 
           
			 | 
        final determination of the court, as applicable: | 
      
      
        | 
           
			 | 
                     (1)  of the motion filed under Section 25.25; or | 
      
      
        | 
           
			 | 
                     (2)  of the protest under Section 41.411 of the failure  | 
      
      
        | 
           
			 | 
        of the chief appraiser or appraisal review board to provide or  | 
      
      
        | 
           
			 | 
        deliver a notice to which the property owner is entitled, and, if  | 
      
      
        | 
           
			 | 
        failure to provide or deliver the notice is established, of a  | 
      
      
        | 
           
			 | 
        protest made by the property owner on any other grounds of protest  | 
      
      
        | 
           
			 | 
        authorized by this title relating to the property to which the  | 
      
      
        | 
           
			 | 
        notice applies. | 
      
      
        | 
           
			 | 
               SECTION 19.006.  Section 42.21(b), Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A petition for review brought under Section 42.02 must  | 
      
      
        | 
           
			 | 
        be brought against the owner of the property involved in the  | 
      
      
        | 
           
			 | 
        appeal.  A petition for review brought under Section 42.031 must be  | 
      
      
        | 
           
			 | 
        brought against the appraisal district and against the owner of the  | 
      
      
        | 
           
			 | 
        property involved in the appeal.  A petition for review brought  | 
      
      
        | 
           
			 | 
        under [Subdivision (2) of] Section 42.01(a)(2) [42.01] or [under 
         | 
      
      
        | 
           
			 | 
        
          Section] 42.03 must be brought against the comptroller.  Any other  | 
      
      
        | 
           
			 | 
        petition for review under this chapter must be brought against the  | 
      
      
        | 
           
			 | 
        appraisal district.  A petition for review may not be brought  | 
      
      
        | 
           
			 | 
        against the appraisal review board.  An appraisal district may hire  | 
      
      
        | 
           
			 | 
        an attorney that represents the district to represent the appraisal  | 
      
      
        | 
           
			 | 
        review board established for the district to file an answer and  | 
      
      
        | 
           
			 | 
        obtain a dismissal of a suit filed against the appraisal review  | 
      
      
        | 
           
			 | 
        board in violation of this subsection. | 
      
      
        | 
           
			 | 
               SECTION 19.007.  Section 152.0412(j), Tax Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (j)  The requirements of Section 501.145 [520.031],  | 
      
      
        | 
           
			 | 
        Transportation Code, continue to apply to a transferee of a used  | 
      
      
        | 
           
			 | 
        motor vehicle who obtains an appraisal under Subsection (d)(2), and  | 
      
      
        | 
           
			 | 
        obtaining an appraisal does not modify those requirements. | 
      
      
        | 
           
			 | 
               SECTION 19.008.  Section 152.043, Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 152.043.  COLLECTION OF TAX ON MOTOR VEHICLES OPERATED  | 
      
      
        | 
           
			 | 
        BY NONRESIDENTS.  A person doing business in this state who  | 
      
      
        | 
           
			 | 
        registers a motor vehicle under Section 502.091 [502.054],  | 
      
      
        | 
           
			 | 
        Transportation Code, shall pay the tax imposed by Section 152.022  | 
      
      
        | 
           
			 | 
        of this code to the comptroller on or before the day the motor  | 
      
      
        | 
           
			 | 
        vehicle is brought into Texas. | 
      
      
        | 
           
			 | 
               SECTION 19.009.  Section 152.082, Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 152.082.  SALE OF MOTOR VEHICLE TO OR USE OF MOTOR  | 
      
      
        | 
           
			 | 
        VEHICLE BY PUBLIC AGENCY.  The taxes imposed by this chapter do not  | 
      
      
        | 
           
			 | 
        apply to the sale of a motor vehicle to or use of a motor vehicle by  | 
      
      
        | 
           
			 | 
        a public agency if the motor vehicle is operated with an exempt  | 
      
      
        | 
           
			 | 
        license plate issued under Section 502.451 [502.201 or 502.206],  | 
      
      
        | 
           
			 | 
        Transportation Code. | 
      
      
        | 
           
			 | 
               SECTION 19.010.  Section 152.083(b), Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This exemption applies only if the person purchasing the  | 
      
      
        | 
           
			 | 
        motor vehicle to be leased presents the tax assessor-collector a  | 
      
      
        | 
           
			 | 
        form prescribed and provided by the comptroller and showing: | 
      
      
        | 
           
			 | 
                     (1)  the identification of the motor vehicle; | 
      
      
        | 
           
			 | 
                     (2)  the name and address of the lessor and the lessee;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (3)  verification by an officer of the public agency to  | 
      
      
        | 
           
			 | 
        which the motor vehicle will be leased that the agency will operate  | 
      
      
        | 
           
			 | 
        the vehicle with an exempt license plate issued under Section  | 
      
      
        | 
           
			 | 
        502.451 [502.201 or 502.206], Transportation Code. | 
      
      
        | 
           
			 | 
               SECTION 19.011.  Section 152.087, Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 152.087.  FIRE TRUCKS AND EMERGENCY MEDICAL SERVICES  | 
      
      
        | 
           
			 | 
        VEHICLES.  The taxes imposed by this chapter do not apply to the  | 
      
      
        | 
           
			 | 
        purchase, rental, or use of a fire truck, emergency medical  | 
      
      
        | 
           
			 | 
        services vehicle as defined by Section 773.003, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, or other motor vehicle used exclusively for fire-fighting  | 
      
      
        | 
           
			 | 
        purposes or for emergency medical services when purchased by: | 
      
      
        | 
           
			 | 
                     (1)  a volunteer fire department; | 
      
      
        | 
           
			 | 
                     (2)  a nonprofit emergency medical service provider  | 
      
      
        | 
           
			 | 
        that receives a federal income tax exemption under Section 501(a),  | 
      
      
        | 
           
			 | 
        Internal Revenue Code of 1986, as an organization described by  | 
      
      
        | 
           
			 | 
        Section 501(c)(3), Internal Revenue Code of 1986; or | 
      
      
        | 
           
			 | 
                     (3)  an emergency medical service provider to which  | 
      
      
        | 
           
			 | 
        Section 502.456 [502.204], Transportation Code, applies. | 
      
      
        | 
           
			 | 
               SECTION 19.012.  Section 351.101(a), Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Revenue from the municipal hotel occupancy tax may be  | 
      
      
        | 
           
			 | 
        used only to promote tourism and the convention and hotel industry,  | 
      
      
        | 
           
			 | 
        and that use is limited to the following: | 
      
      
        | 
           
			 | 
                     (1)  the acquisition of sites for and the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of convention center facilities or visitor information  | 
      
      
        | 
           
			 | 
        centers, or both; | 
      
      
        | 
           
			 | 
                     (2)  the furnishing of facilities, personnel, and  | 
      
      
        | 
           
			 | 
        materials for the registration of convention delegates or  | 
      
      
        | 
           
			 | 
        registrants; | 
      
      
        | 
           
			 | 
                     (3)  advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to attract tourists and convention delegates  | 
      
      
        | 
           
			 | 
        or registrants to the municipality or its vicinity; | 
      
      
        | 
           
			 | 
                     (4)  the encouragement, promotion, improvement, and  | 
      
      
        | 
           
			 | 
        application of the arts, including instrumental and vocal music,  | 
      
      
        | 
           
			 | 
        dance, drama, folk art, creative writing, architecture, design and  | 
      
      
        | 
           
			 | 
        allied fields, painting, sculpture, photography, graphic and craft  | 
      
      
        | 
           
			 | 
        arts, motion pictures, radio, television, tape and sound recording,  | 
      
      
        | 
           
			 | 
        and other arts related to the presentation, performance, execution,  | 
      
      
        | 
           
			 | 
        and exhibition of these major art forms; | 
      
      
        | 
           
			 | 
                     (5)  historical restoration and preservation projects  | 
      
      
        | 
           
			 | 
        or activities or advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to encourage tourists and convention  | 
      
      
        | 
           
			 | 
        delegates to visit preserved historic sites or museums: | 
      
      
        | 
           
			 | 
                           (A)  at or in the immediate vicinity of convention  | 
      
      
        | 
           
			 | 
        center facilities or visitor information centers; or | 
      
      
        | 
           
			 | 
                           (B)  located elsewhere in the municipality or its  | 
      
      
        | 
           
			 | 
        vicinity that would be frequented by tourists and convention  | 
      
      
        | 
           
			 | 
        delegates; | 
      
      
        | 
           
			 | 
                     (6)  for a municipality located in a county with a  | 
      
      
        | 
           
			 | 
        population of one million or less, expenses, including promotion  | 
      
      
        | 
           
			 | 
        expenses, directly related to a sporting event in which the  | 
      
      
        | 
           
			 | 
        majority of participants are tourists who substantially increase  | 
      
      
        | 
           
			 | 
        economic activity at hotels and motels within the municipality or  | 
      
      
        | 
           
			 | 
        its vicinity; | 
      
      
        | 
           
			 | 
                     (7)  subject to Section 351.1076, the promotion of  | 
      
      
        | 
           
			 | 
        tourism by the enhancement and upgrading of existing sports  | 
      
      
        | 
           
			 | 
        facilities or fields, including facilities or fields for baseball,  | 
      
      
        | 
           
			 | 
        softball, soccer, and flag football, if: | 
      
      
        | 
           
			 | 
                           (A)  the municipality owns the facilities or  | 
      
      
        | 
           
			 | 
        fields; | 
      
      
        | 
           
			 | 
                           (B)  the municipality: | 
      
      
        | 
           
			 | 
                                 (i)  has a population of 80,000 or more and  | 
      
      
        | 
           
			 | 
        is located in a county that has a population of 350,000 or less; | 
      
      
        | 
           
			 | 
                                 (ii)  has a population of at least 75,000 but  | 
      
      
        | 
           
			 | 
        not more than 95,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of less than 200,000 but more than 160,000; | 
      
      
        | 
           
			 | 
                                 (iii)  has a population of at least 36,000  | 
      
      
        | 
           
			 | 
        but not more than 39,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 100,000 or less that is not adjacent to a county with  | 
      
      
        | 
           
			 | 
        a population of more than two million; | 
      
      
        | 
           
			 | 
                                 (iv)  has a population of at least 13,000 but  | 
      
      
        | 
           
			 | 
        less than 39,000 and is located in a county that has a population of  | 
      
      
        | 
           
			 | 
        at least 200,000; | 
      
      
        | 
           
			 | 
                                 (v)  has a population of at least 70,000 but  | 
      
      
        | 
           
			 | 
        less than 90,000 and no part of which is located in a county with a  | 
      
      
        | 
           
			 | 
        population greater than 150,000; | 
      
      
        | 
           
			 | 
                                 (vi)  is located in a county that: | 
      
      
        | 
           
			 | 
                                       (a)  is adjacent to the Texas-Mexico  | 
      
      
        | 
           
			 | 
        border; | 
      
      
        | 
           
			 | 
                                       (b)  has a population of at least  | 
      
      
        | 
           
			 | 
        500,000; and | 
      
      
        | 
           
			 | 
                                       (c)  does not have a municipality with  | 
      
      
        | 
           
			 | 
        a population greater than 500,000; or | 
      
      
        | 
           
			 | 
                                 (vii)  has a population of at least 25,000  | 
      
      
        | 
           
			 | 
        but not more than [that] 26,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 90,000 or less; and | 
      
      
        | 
           
			 | 
                           (C)  the sports facilities and fields have been  | 
      
      
        | 
           
			 | 
        used, in the preceding calendar year, a combined total of more than  | 
      
      
        | 
           
			 | 
        10 times for district, state, regional, or national sports  | 
      
      
        | 
           
			 | 
        tournaments; | 
      
      
        | 
           
			 | 
                     (8)  for a municipality with a population of at least  | 
      
      
        | 
           
			 | 
        70,000 but less than 90,000, no part of which is located in a county  | 
      
      
        | 
           
			 | 
        with a population greater than 150,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility; | 
      
      
        | 
           
			 | 
                     (9)  signage directing the public to sights and  | 
      
      
        | 
           
			 | 
        attractions that are visited frequently by hotel guests in the  | 
      
      
        | 
           
			 | 
        municipality; | 
      
      
        | 
           
			 | 
                     (10)  the construction of a recreational venue in the  | 
      
      
        | 
           
			 | 
        immediate vicinity of area hotels, if: | 
      
      
        | 
           
			 | 
                           (A)  the municipality: | 
      
      
        | 
           
			 | 
                                 (i)  is a general-law municipality; | 
      
      
        | 
           
			 | 
                                 (ii)  has a population of not more than 900;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                                 (iii)  does not impose an ad valorem tax; | 
      
      
        | 
           
			 | 
                           (B)  not more than $100,000 of municipal hotel  | 
      
      
        | 
           
			 | 
        occupancy tax revenue is used for the construction of the  | 
      
      
        | 
           
			 | 
        recreational venue; | 
      
      
        | 
           
			 | 
                           (C)  a majority of the hotels in the municipality  | 
      
      
        | 
           
			 | 
        request the municipality to construct the recreational venue; | 
      
      
        | 
           
			 | 
                           (D)  the recreational venue will be used primarily  | 
      
      
        | 
           
			 | 
        by hotel guests; and | 
      
      
        | 
           
			 | 
                           (E)  the municipality will pay for maintenance of  | 
      
      
        | 
           
			 | 
        the recreational venue from the municipality's general fund; | 
      
      
        | 
           
			 | 
                     (11)  the construction, improvement, enlarging,  | 
      
      
        | 
           
			 | 
        equipping, repairing, operation, and maintenance of a coliseum or  | 
      
      
        | 
           
			 | 
        multiuse facility, if the municipality: | 
      
      
        | 
           
			 | 
                           (A)  has a population of at least 90,000 but less  | 
      
      
        | 
           
			 | 
        than 120,000; and | 
      
      
        | 
           
			 | 
                           (B)  is located in two counties, at least one of  | 
      
      
        | 
           
			 | 
        which contains the headwaters of the San Gabriel River; and | 
      
      
        | 
           
			 | 
                     (12)  for a municipality with a population of more than  | 
      
      
        | 
           
			 | 
        175,000 but less than 225,000 that is located in two counties, each  | 
      
      
        | 
           
			 | 
        of which has a population of less than 200,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility and related  | 
      
      
        | 
           
			 | 
        infrastructure or a venue, as defined by Section 334.001(4), Local  | 
      
      
        | 
           
			 | 
        Government Code, that is related to the promotion of tourism. | 
      
      
        | 
           
			 | 
        ARTICLE 20.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
      
        | 
           
			 | 
               SECTION 20.001.  (a)  Section 222.107(h), Transportation  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 475 (H.B. 563) and 1345 (S.B. 1420),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011, is reenacted  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (h)  The commissioners court may: | 
      
      
        | 
           
			 | 
                     (1)  from taxes collected on property in a zone, pay  | 
      
      
        | 
           
			 | 
        into a tax increment account for the zone an amount equal to the tax  | 
      
      
        | 
           
			 | 
        increment produced by the county less any amounts allocated under  | 
      
      
        | 
           
			 | 
        previous agreements, including agreements under Section 381.004,  | 
      
      
        | 
           
			 | 
        Local Government Code, or Chapter 312, Tax Code; | 
      
      
        | 
           
			 | 
                     (2)  by order or resolution enter into an agreement  | 
      
      
        | 
           
			 | 
        with the owner of any real property located in the transportation  | 
      
      
        | 
           
			 | 
        reinvestment zone to abate all or a portion of the ad valorem taxes  | 
      
      
        | 
           
			 | 
        or to grant other relief from the taxes imposed by the county on the  | 
      
      
        | 
           
			 | 
        owner's property in an amount not to exceed the amount calculated  | 
      
      
        | 
           
			 | 
        under Subsection (a)(1) for that year; | 
      
      
        | 
           
			 | 
                     (3)  by order or resolution elect to abate all or a  | 
      
      
        | 
           
			 | 
        portion of the ad valorem taxes imposed by the county on all real  | 
      
      
        | 
           
			 | 
        property in a zone; or | 
      
      
        | 
           
			 | 
                     (4)  grant other relief from ad valorem taxes on  | 
      
      
        | 
           
			 | 
        property in a zone. | 
      
      
        | 
           
			 | 
               (b)  Section 222.107(h-1), Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1345 (S.B. 1420), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is reenacted and amended to conform to Section  | 
      
      
        | 
           
			 | 
        222.107(h), Transportation Code, as amended by Chapter 475 (H.B.  | 
      
      
        | 
           
			 | 
        563), Acts of the 82nd Legislature, Regular Session, 2011, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (h-1)  All abatements or other relief granted by the  | 
      
      
        | 
           
			 | 
        commissioners court in a transportation reinvestment zone must be  | 
      
      
        | 
           
			 | 
        equal in rate.  In any ad valorem tax year, the total amount of the  | 
      
      
        | 
           
			 | 
        taxes abated or the total amount of relief granted under this  | 
      
      
        | 
           
			 | 
        section may not exceed the amount calculated under Subsection  | 
      
      
        | 
           
			 | 
        (a)(1) for that year, less any amounts allocated under previous  | 
      
      
        | 
           
			 | 
        agreements, including agreements under Chapter 381 [Section 
         | 
      
      
        | 
           
			 | 
        
          381.004], Local Government Code, or Chapter 312, Tax Code. | 
      
      
        | 
           
			 | 
               SECTION 20.002.  Section 228.055(e), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  It is an exception to the application of Subsection (a)  | 
      
      
        | 
           
			 | 
        or (c) if the registered owner of the vehicle transferred ownership  | 
      
      
        | 
           
			 | 
        of the vehicle to another person before the event of nonpayment  | 
      
      
        | 
           
			 | 
        under Section 228.054 occurred or before the date the vehicle was  | 
      
      
        | 
           
			 | 
        driven or towed through a toll collection facility that results in a  | 
      
      
        | 
           
			 | 
        notice issued under Section 228.0545, submitted written notice of  | 
      
      
        | 
           
			 | 
        the transfer to the department in accordance with Section 501.147  | 
      
      
        | 
           
			 | 
        [520.023], and, before the 30th day after the date the notice of  | 
      
      
        | 
           
			 | 
        nonpayment is mailed, provides to the department the name and  | 
      
      
        | 
           
			 | 
        address of the person to whom the vehicle was transferred.  If the  | 
      
      
        | 
           
			 | 
        former owner of the vehicle provides the required information  | 
      
      
        | 
           
			 | 
        within the period prescribed, the department may send a notice of  | 
      
      
        | 
           
			 | 
        nonpayment to the person to whom ownership of the vehicle was  | 
      
      
        | 
           
			 | 
        transferred at the address provided by the former owner by first  | 
      
      
        | 
           
			 | 
        class mail before the 30th day after the date of receipt of the  | 
      
      
        | 
           
			 | 
        required information from the former owner.  The department may  | 
      
      
        | 
           
			 | 
        send all subsequent notices of nonpayment associated with the  | 
      
      
        | 
           
			 | 
        vehicle to the person to whom ownership of the vehicle was  | 
      
      
        | 
           
			 | 
        transferred at the address provided by the former owner or an  | 
      
      
        | 
           
			 | 
        alternate address provided by the subsequent owner or derived  | 
      
      
        | 
           
			 | 
        through other reliable means.  The subsequent owner of the vehicle  | 
      
      
        | 
           
			 | 
        for which the proper toll was not paid who is mailed a written  | 
      
      
        | 
           
			 | 
        notice of nonpayment under this subsection and fails to pay the  | 
      
      
        | 
           
			 | 
        proper toll and administrative fee within the time specified by the  | 
      
      
        | 
           
			 | 
        notice of nonpayment commits an offense.  The subsequent owner  | 
      
      
        | 
           
			 | 
        shall pay a separate toll and administrative fee for each event of  | 
      
      
        | 
           
			 | 
        nonpayment under Section 228.054 or 228.0545.  Each failure to pay  | 
      
      
        | 
           
			 | 
        a toll or administrative fee under this subsection is a separate  | 
      
      
        | 
           
			 | 
        offense. | 
      
      
        | 
           
			 | 
               SECTION 20.003.  Section 284.0701(e), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  It is an exception to the application of Subsection (a)  | 
      
      
        | 
           
			 | 
        or (c) if the registered owner of the vehicle transferred ownership  | 
      
      
        | 
           
			 | 
        of the vehicle to another person before the event of nonpayment  | 
      
      
        | 
           
			 | 
        under Section 284.070 occurred, submitted written notice of the  | 
      
      
        | 
           
			 | 
        transfer to the Texas Department of Motor Vehicles in accordance  | 
      
      
        | 
           
			 | 
        with Section 501.147 [520.023], and before the 30th day after the  | 
      
      
        | 
           
			 | 
        date the notice of nonpayment is mailed, provides to the county the  | 
      
      
        | 
           
			 | 
        name and address of the person to whom the vehicle was  | 
      
      
        | 
           
			 | 
        transferred.  If the former owner of the vehicle provides the  | 
      
      
        | 
           
			 | 
        required information within the period prescribed, the county may  | 
      
      
        | 
           
			 | 
        send a notice of nonpayment to the person to whom ownership of the  | 
      
      
        | 
           
			 | 
        vehicle was transferred at the address provided by the former owner  | 
      
      
        | 
           
			 | 
        by first-class mail before the 30th day after the date of receipt of  | 
      
      
        | 
           
			 | 
        the required information from the former owner.  The subsequent  | 
      
      
        | 
           
			 | 
        owner of the vehicle for which the proper toll was not paid who is  | 
      
      
        | 
           
			 | 
        mailed a written notice of nonpayment under this subsection and  | 
      
      
        | 
           
			 | 
        fails to pay the proper toll and administrative cost within the time  | 
      
      
        | 
           
			 | 
        specified by the notice of nonpayment commits an offense.  The  | 
      
      
        | 
           
			 | 
        subsequent owner shall pay a separate toll and administrative cost  | 
      
      
        | 
           
			 | 
        for each event of nonpayment under Section 284.070.  Each failure  | 
      
      
        | 
           
			 | 
        to pay a toll or administrative cost under this subsection is a  | 
      
      
        | 
           
			 | 
        separate offense. | 
      
      
        | 
           
			 | 
               SECTION 20.004.  Section 370.177(f), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (f)  It is an exception to the application of Subsection (b)  | 
      
      
        | 
           
			 | 
        or (d) that the registered owner of the vehicle transferred  | 
      
      
        | 
           
			 | 
        ownership of the vehicle to another person before the event of  | 
      
      
        | 
           
			 | 
        nonpayment under Subsection (a) occurred, submitted written notice  | 
      
      
        | 
           
			 | 
        of the transfer to the department in accordance with Section  | 
      
      
        | 
           
			 | 
        501.147 [520.023], and before the 30th day after the date the notice  | 
      
      
        | 
           
			 | 
        of nonpayment is mailed, provides to the authority the name and  | 
      
      
        | 
           
			 | 
        address of the person to whom the vehicle was transferred.  If the  | 
      
      
        | 
           
			 | 
        former owner of the vehicle provides the required information  | 
      
      
        | 
           
			 | 
        within the period prescribed, the authority may send a notice of  | 
      
      
        | 
           
			 | 
        nonpayment to the person to whom ownership of the vehicle was  | 
      
      
        | 
           
			 | 
        transferred at the address provided by the former owner by first  | 
      
      
        | 
           
			 | 
        class mail before the 30th day after the date of receipt of the  | 
      
      
        | 
           
			 | 
        required information from the former owner.  The subsequent owner  | 
      
      
        | 
           
			 | 
        of the vehicle for which the proper toll was not paid who is mailed a  | 
      
      
        | 
           
			 | 
        written notice of nonpayment under this subsection and fails to pay  | 
      
      
        | 
           
			 | 
        the proper toll and administrative fee within the time specified by  | 
      
      
        | 
           
			 | 
        the notice of nonpayment commits an offense.  The subsequent owner  | 
      
      
        | 
           
			 | 
        shall pay a separate toll and administrative fee for each event of  | 
      
      
        | 
           
			 | 
        nonpayment under Subsection (a).  Each failure to pay a toll or  | 
      
      
        | 
           
			 | 
        administrative fee under this subsection is a separate offense. | 
      
      
        | 
           
			 | 
               SECTION 20.005.  Section 370.314(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Section 370.314, Transportation Code, by Chapter 1345 (S.B. 1420),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011. | 
      
      
        | 
           
			 | 
               SECTION 20.006.  Section 372.052, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 372.052.  VEHICLES USED BY NONPROFIT DISASTER RELIEF  | 
      
      
        | 
           
			 | 
        ORGANIZATIONS.  A toll project entity may not require a vehicle  | 
      
      
        | 
           
			 | 
        registered under Section 502.454 [502.203] to pay a toll for the use  | 
      
      
        | 
           
			 | 
        of a toll project. | 
      
      
        | 
           
			 | 
               SECTION 20.007.  Section 501.0925(j), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (j)  Section 501.1001(c) applies [Sections 501.092(c), (d), 
         | 
      
      
        | 
           
			 | 
        
          and (e) apply] to a motor vehicle acquired by an insurance company  | 
      
      
        | 
           
			 | 
        as described in Subsection (a), (c), or (f). | 
      
      
        | 
           
			 | 
               SECTION 20.008.  Sections 501.1001(c) and (d),  | 
      
      
        | 
           
			 | 
        Transportation Code, as redesignated from Sections 501.092(c) and  | 
      
      
        | 
           
			 | 
        (d), Transportation Code, by Chapter 1296 (H.B. 2357), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, are reenacted to  | 
      
      
        | 
           
			 | 
        incorporate amendments to Sections 501.092(c) and (d),  | 
      
      
        | 
           
			 | 
        Transportation Code, made by Chapters 1136 (H.B. 1422) and 1296  | 
      
      
        | 
           
			 | 
        (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (c)  An insurance company or other person who acquires  | 
      
      
        | 
           
			 | 
        ownership of a motor vehicle other than a nonrepairable or salvage  | 
      
      
        | 
           
			 | 
        motor vehicle may voluntarily and on proper application obtain a  | 
      
      
        | 
           
			 | 
        salvage vehicle title, salvage record of title, nonrepairable  | 
      
      
        | 
           
			 | 
        vehicle title, or nonrepairable record of title for the vehicle. | 
      
      
        | 
           
			 | 
               (d)  This subsection applies only to a motor vehicle in this  | 
      
      
        | 
           
			 | 
        state that is a self-insured motor vehicle and that is damaged to  | 
      
      
        | 
           
			 | 
        the extent it becomes a nonrepairable or salvage motor vehicle. The  | 
      
      
        | 
           
			 | 
        owner of a motor vehicle to which this subsection applies shall  | 
      
      
        | 
           
			 | 
        submit to the department before the 31st business day after the date  | 
      
      
        | 
           
			 | 
        of the damage, in a manner prescribed by the department, a statement  | 
      
      
        | 
           
			 | 
        that the motor vehicle was self-insured and damaged. When the owner  | 
      
      
        | 
           
			 | 
        submits a report, the owner shall surrender the ownership document  | 
      
      
        | 
           
			 | 
        and apply for a nonrepairable vehicle title, nonrepairable record  | 
      
      
        | 
           
			 | 
        of title, salvage vehicle title, or salvage record of title. | 
      
      
        | 
           
			 | 
               SECTION 20.009.  Section 502.1585(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding Section 502.044 [502.158], the owner of  | 
      
      
        | 
           
			 | 
        a motor vehicle or a trailer may designate an initial or a renewal  | 
      
      
        | 
           
			 | 
        registration period for that vehicle so that the registration  | 
      
      
        | 
           
			 | 
        period for the vehicle or trailer expires on the same date as the  | 
      
      
        | 
           
			 | 
        registration period for another vehicle or trailer previously  | 
      
      
        | 
           
			 | 
        registered by that owner. | 
      
      
        | 
           
			 | 
               SECTION 20.010.  Section 502.168, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 502.168.  FEE:  MOTOR BUS.  The fee for a registration  | 
      
      
        | 
           
			 | 
        year for registration of a motor bus is the fee prescribed by  | 
      
      
        | 
           
			 | 
        Section 502.252 [502.161] or 502.253 [502.162], as applicable. | 
      
      
        | 
           
			 | 
               SECTION 20.011.  Section 502.405(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        as redesignated from Section 502.1745(b), Transportation Code, by  | 
      
      
        | 
           
			 | 
        Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is reenacted to incorporate amendments to Section  | 
      
      
        | 
           
			 | 
        502.1745(b), Transportation Code, made by Chapters 554 (H.B. 2904)  | 
      
      
        | 
           
			 | 
        and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A person may elect to pay an additional fee of $1 for the  | 
      
      
        | 
           
			 | 
        registration or renewal of registration of a motor vehicle to pay  | 
      
      
        | 
           
			 | 
        the costs of the Glenda Dawson Donate Life-Texas  Registry  | 
      
      
        | 
           
			 | 
        established under Chapter 692A, Health and Safety Code.   | 
      
      
        | 
           
			 | 
        Notwithstanding any other provision of this chapter, all fees  | 
      
      
        | 
           
			 | 
        collected under this subsection shall be remitted to the  | 
      
      
        | 
           
			 | 
        comptroller, who shall maintain the identity of the source of the  | 
      
      
        | 
           
			 | 
        fees. | 
      
      
        | 
           
			 | 
               SECTION 20.012.  Section 502.407(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A justice of the peace or municipal court judge having  | 
      
      
        | 
           
			 | 
        jurisdiction of the offense may: | 
      
      
        | 
           
			 | 
                     (1)  dismiss a charge of driving with an expired motor  | 
      
      
        | 
           
			 | 
        vehicle registration if the defendant: | 
      
      
        | 
           
			 | 
                           (A)  remedies the defect not later than the 20th  | 
      
      
        | 
           
			 | 
        working day after the date of the offense or before the defendant's  | 
      
      
        | 
           
			 | 
        first court appearance date, whichever is later; and | 
      
      
        | 
           
			 | 
                           (B)  establishes that the fee prescribed by  | 
      
      
        | 
           
			 | 
        Section 502.045 [502.176] has been paid; and | 
      
      
        | 
           
			 | 
                     (2)  assess an administrative fee not to exceed $20  | 
      
      
        | 
           
			 | 
        when the charge is dismissed. | 
      
      
        | 
           
			 | 
               SECTION 20.013.  Section 502.410(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Subsection (a) does not apply to a statement or  | 
      
      
        | 
           
			 | 
        application filed or given under Section 502.060, 502.092, 502.093,  | 
      
      
        | 
           
			 | 
        502.094, 502.095, [502.184, 502.352, 502.353, 502.354, 502.355,]  | 
      
      
        | 
           
			 | 
        504.201, [504.411, or] 504.508, or 504.515. | 
      
      
        | 
           
			 | 
               SECTION 20.014.  Section 502.491, Transportation Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 502.451, Transportation Code, by Chapter  | 
      
      
        | 
           
			 | 
        1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, is reenacted to incorporate amendments to Section 502.451,  | 
      
      
        | 
           
			 | 
        Transportation Code, made by Chapters 432 (S.B. 1057) and 1296  | 
      
      
        | 
           
			 | 
        (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011,  | 
      
      
        | 
           
			 | 
        and amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 502.491.  TRANSFER OF VEHICLE REGISTRATION.  (a)  On  | 
      
      
        | 
           
			 | 
        the sale or transfer of a motor vehicle, the registration insignia  | 
      
      
        | 
           
			 | 
        issued for the motor vehicle shall be removed.  The registration  | 
      
      
        | 
           
			 | 
        period remaining at the time of sale or transfer expires at the time  | 
      
      
        | 
           
			 | 
        of sale or transfer. | 
      
      
        | 
           
			 | 
               [(a-1)
           
           
          On the sale of a used motor vehicle by a dealer, the 
         | 
      
      
        | 
           
			 | 
        
          dealer shall issue to the buyer new registration documents for an 
         | 
      
      
        | 
           
			 | 
        
          entire registration year.] | 
      
      
        | 
           
			 | 
               (b)  On a sale or transfer of a motor vehicle in which neither  | 
      
      
        | 
           
			 | 
        party holds a general distinguishing number issued under Chapter  | 
      
      
        | 
           
			 | 
        503, the part of the registration period remaining at the time of  | 
      
      
        | 
           
			 | 
        the sale or transfer shall continue with the vehicle being sold or  | 
      
      
        | 
           
			 | 
        transferred and does not transfer with the license plates or  | 
      
      
        | 
           
			 | 
        registration validation insignia.  To continue the remainder of the  | 
      
      
        | 
           
			 | 
        registration period, the purchaser or transferee must file the  | 
      
      
        | 
           
			 | 
        documents required under Section 501.145. | 
      
      
        | 
           
			 | 
               (c)  On the sale or transfer of a motor vehicle to a dealer,  | 
      
      
        | 
           
			 | 
        as defined by Section 503.001, who holds a general distinguishing  | 
      
      
        | 
           
			 | 
        number issued under Chapter 503, the registration period remaining  | 
      
      
        | 
           
			 | 
        at the time of the sale or transfer expires at the time of the sale  | 
      
      
        | 
           
			 | 
        or transfer.  On the sale of a used motor vehicle by a dealer, the  | 
      
      
        | 
           
			 | 
        dealer shall issue to the buyer new registration documents for an  | 
      
      
        | 
           
			 | 
        entire registration year. | 
      
      
        | 
           
			 | 
               SECTION 20.015.  Section 520.006(a-1), Transportation Code,  | 
      
      
        | 
           
			 | 
        as added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a-1)  A county assessor-collector collecting fees on behalf  | 
      
      
        | 
           
			 | 
        of a county that has been declared as a disaster area for purposes  | 
      
      
        | 
           
			 | 
        of Section 501.023 or 502.040 may retain the commission for fees  | 
      
      
        | 
           
			 | 
        collected, but shall allocate the fees to the county declared as a  | 
      
      
        | 
           
			 | 
        disaster area. | 
      
      
        | 
           
			 | 
               SECTION 20.016.  Sections 521.057(a) and (b),  | 
      
      
        | 
           
			 | 
        Transportation Code, are amended to update references to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  On receipt of a court order issued under Article 42.016,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure, the department shall ensure that any  | 
      
      
        | 
           
			 | 
        driver's license record or personal identification certificate  | 
      
      
        | 
           
			 | 
        record maintained by the department for the person includes an  | 
      
      
        | 
           
			 | 
        indication that the person is subject to the registration  | 
      
      
        | 
           
			 | 
        requirements of Chapter 62, Code of Criminal Procedure[, as added 
         | 
      
      
        | 
           
			 | 
        
          by Chapter 668, Acts of the 75th Legislature, Regular Session, 
         | 
      
      
        | 
           
			 | 
        
          1997]. | 
      
      
        | 
           
			 | 
               (b)  The department shall include the indication required by  | 
      
      
        | 
           
			 | 
        Subsection (a) in any driver's license record or personal  | 
      
      
        | 
           
			 | 
        identification certificate record maintained by the department for  | 
      
      
        | 
           
			 | 
        the person until the expiration of the person's duty to register  | 
      
      
        | 
           
			 | 
        under Chapter 62, Code of Criminal Procedure[, as added by Chapter 
         | 
      
      
        | 
           
			 | 
        
          668, Acts of the 75th Legislature, Regular Session, 1997]. | 
      
      
        | 
           
			 | 
               SECTION 20.017.  Section 521.082(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  For the purposes of Subsection (a)(3), seating capacity  | 
      
      
        | 
           
			 | 
        is computed in accordance with Section 502.253 [502.162], except  | 
      
      
        | 
           
			 | 
        that the operator's seat is included in the computation. | 
      
      
        | 
           
			 | 
               SECTION 20.018.  Section 521.295(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If the department suspends a person's license under  | 
      
      
        | 
           
			 | 
        Section 521.292 or revokes a person's license under Section 521.294  | 
      
      
        | 
           
			 | 
        [or 521.2965], the department shall send a notice of suspension or  | 
      
      
        | 
           
			 | 
        revocation by first class mail to the person's address in the  | 
      
      
        | 
           
			 | 
        records of the department. | 
      
      
        | 
           
			 | 
               SECTION 20.019.  Section 521.3465(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A license is automatically suspended on final  | 
      
      
        | 
           
			 | 
        conviction of the license holder of: | 
      
      
        | 
           
			 | 
                     (1)  an offense under Section 502.475(a)(4)  | 
      
      
        | 
           
			 | 
        [502.409(a)(4)]; or | 
      
      
        | 
           
			 | 
                     (2)  an offense under Section 548.603(a)(1) that  | 
      
      
        | 
           
			 | 
        involves a fictitious safety inspection certificate. | 
      
      
        | 
           
			 | 
               SECTION 20.020.  Section 545.353(h-2), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to update a reference to read as follows: | 
      
      
        | 
           
			 | 
               (h-2)  Notwithstanding Section 545.352(b)[,
           
           
          as amended by 
         | 
      
      
        | 
           
			 | 
        
          Chapters 663 (H.B. 385) and 739 (H.B. 1075), Acts of the 76th 
         | 
      
      
        | 
           
			 | 
        
          Legislature, Regular Session, 1999], the commission may establish a  | 
      
      
        | 
           
			 | 
        speed limit not to exceed 85 miles per hour on a part of the state  | 
      
      
        | 
           
			 | 
        highway system if: | 
      
      
        | 
           
			 | 
                     (1)  that part of the highway system is designed to  | 
      
      
        | 
           
			 | 
        accommodate travel at that established speed or a higher speed; and | 
      
      
        | 
           
			 | 
                     (2)  the commission determines, after an engineering  | 
      
      
        | 
           
			 | 
        and traffic investigation, that the established speed limit is  | 
      
      
        | 
           
			 | 
        reasonable and safe for that part of the highway system. | 
      
      
        | 
           
			 | 
               SECTION 20.021.  Section 545.413(e), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  It is a defense to prosecution under this section that: | 
      
      
        | 
           
			 | 
                     (1)  the person possesses a written statement from a  | 
      
      
        | 
           
			 | 
        licensed physician stating that for a medical reason the person  | 
      
      
        | 
           
			 | 
        should not wear a safety belt; | 
      
      
        | 
           
			 | 
                     (2)  the person presents to the court, not later than  | 
      
      
        | 
           
			 | 
        the 10th day after the date of the offense, a statement from a  | 
      
      
        | 
           
			 | 
        licensed physician stating that for a medical reason the person  | 
      
      
        | 
           
			 | 
        should not wear a safety belt; | 
      
      
        | 
           
			 | 
                     (3)  the person is employed by the United States Postal  | 
      
      
        | 
           
			 | 
        Service and performing a duty for that agency that requires the  | 
      
      
        | 
           
			 | 
        operator to service postal boxes from a vehicle or that requires  | 
      
      
        | 
           
			 | 
        frequent entry into and exit from a vehicle; | 
      
      
        | 
           
			 | 
                     (4)  the person is engaged in the actual delivery of  | 
      
      
        | 
           
			 | 
        newspapers from a vehicle or is performing newspaper delivery  | 
      
      
        | 
           
			 | 
        duties that require frequent entry into and exit from a vehicle; | 
      
      
        | 
           
			 | 
                     (5)  the person is employed by a public or private  | 
      
      
        | 
           
			 | 
        utility company and is engaged in the reading of meters or  | 
      
      
        | 
           
			 | 
        performing a similar duty for that company requiring the operator  | 
      
      
        | 
           
			 | 
        to frequently enter into and exit from a vehicle; | 
      
      
        | 
           
			 | 
                     (6)  the person is operating a commercial vehicle  | 
      
      
        | 
           
			 | 
        registered as a farm vehicle under the provisions of Section  | 
      
      
        | 
           
			 | 
        502.433 [502.163] that does not have a gross weight, registered  | 
      
      
        | 
           
			 | 
        weight, or gross weight rating of 48,000 pounds or more; or | 
      
      
        | 
           
			 | 
                     (7)  the person is the operator of or a passenger in a  | 
      
      
        | 
           
			 | 
        vehicle used exclusively to transport solid waste and performing  | 
      
      
        | 
           
			 | 
        duties that require frequent entry into and exit from the vehicle. | 
      
      
        | 
           
			 | 
               SECTION 20.022.  Section 547.304(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A provision of this chapter that requires a vehicle to  | 
      
      
        | 
           
			 | 
        be equipped with fixed electric lights does not apply to a farm  | 
      
      
        | 
           
			 | 
        trailer or fertilizer trailer registered under Section 502.146  | 
      
      
        | 
           
			 | 
        [504.504] or a boat trailer with a gross weight of 3,000 pounds or  | 
      
      
        | 
           
			 | 
        less if the trailer is not operated at a time or under a condition  | 
      
      
        | 
           
			 | 
        specified by Section 547.302(a). | 
      
      
        | 
           
			 | 
               SECTION 20.023.  Section 621.002(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A copy of the registration receipt issued under Section  | 
      
      
        | 
           
			 | 
        502.057 [502.178] for a commercial motor vehicle, truck-tractor,  | 
      
      
        | 
           
			 | 
        trailer, or semitrailer shall be: | 
      
      
        | 
           
			 | 
                     (1)  carried on the vehicle when the vehicle is on a  | 
      
      
        | 
           
			 | 
        public highway; and | 
      
      
        | 
           
			 | 
                     (2)  presented to an officer authorized to enforce this  | 
      
      
        | 
           
			 | 
        chapter on request of the officer. | 
      
      
        | 
           
			 | 
               SECTION 20.024.  Section 621.102, Transportation Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 571 (H.B. 3309) and 1345 (S.B. 1420), Acts of  | 
      
      
        | 
           
			 | 
        the 82nd Legislature, Regular Session, 2011, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 621.102.  AUTHORITY TO SET MAXIMUM WEIGHTS.  (a)  The  | 
      
      
        | 
           
			 | 
        executive director of the Texas Department of Transportation may  | 
      
      
        | 
           
			 | 
        set the maximum single axle weight, tandem axle weight, or gross  | 
      
      
        | 
           
			 | 
        weight of a vehicle, or maximum single axle weight, tandem axle  | 
      
      
        | 
           
			 | 
        weight, or gross weight of a combination of vehicles and loads, that  | 
      
      
        | 
           
			 | 
        may be moved over a state highway or a farm or ranch road if the  | 
      
      
        | 
           
			 | 
        executive director finds that heavier maximum weight would rapidly  | 
      
      
        | 
           
			 | 
        deteriorate or destroy the road or a bridge or culvert along the  | 
      
      
        | 
           
			 | 
        road.  A maximum weight set under this subsection may not exceed  | 
      
      
        | 
           
			 | 
        the maximum set by statute for that weight. | 
      
      
        | 
           
			 | 
               (b)  The executive director of the Texas Department of  | 
      
      
        | 
           
			 | 
        Transportation must make the finding under this section on an  | 
      
      
        | 
           
			 | 
        engineering and traffic investigation and in making the finding  | 
      
      
        | 
           
			 | 
        shall consider the width, condition, and type of pavement  | 
      
      
        | 
           
			 | 
        structures and other circumstances on the road. | 
      
      
        | 
           
			 | 
               (c)  A maximum weight or load set under this section becomes  | 
      
      
        | 
           
			 | 
        effective on a highway or road when appropriate signs giving notice  | 
      
      
        | 
           
			 | 
        of the maximum weight or load are erected on the highway or road by  | 
      
      
        | 
           
			 | 
        the Texas Department of Transportation. | 
      
      
        | 
           
			 | 
               (d)  A vehicle operating under a permit issued under Section  | 
      
      
        | 
           
			 | 
        623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or  | 
      
      
        | 
           
			 | 
        623.212 may operate under the conditions authorized by the permit  | 
      
      
        | 
           
			 | 
        over a road for which the executive director of the Texas Department  | 
      
      
        | 
           
			 | 
        of Transportation has set a maximum weight under this section. | 
      
      
        | 
           
			 | 
               (e)  For the purpose of this section, a farm or ranch road is  | 
      
      
        | 
           
			 | 
        a state highway that is shown in the records of the commission to be  | 
      
      
        | 
           
			 | 
        a farm-to-market or ranch-to-market road. | 
      
      
        | 
           
			 | 
               (f)  This section does not apply to a vehicle delivering  | 
      
      
        | 
           
			 | 
        groceries, farm products, or liquefied petroleum gas. | 
      
      
        | 
           
			 | 
               SECTION 20.025.  Section 622.074, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 622.074.  NONAPPLICABILITY OF SUBCHAPTER.  This  | 
      
      
        | 
           
			 | 
        subchapter does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  farm equipment used for a purpose other than  | 
      
      
        | 
           
			 | 
        construction; | 
      
      
        | 
           
			 | 
                     (2)  special mobile equipment owned by a dealer or  | 
      
      
        | 
           
			 | 
        distributor; | 
      
      
        | 
           
			 | 
                     (3)  a vehicle used to propel special mobile equipment  | 
      
      
        | 
           
			 | 
        that is registered as a farm vehicle as defined by Section 502.433  | 
      
      
        | 
           
			 | 
        [502.163]; or | 
      
      
        | 
           
			 | 
                     (4)  equipment while being used by a commercial hauler  | 
      
      
        | 
           
			 | 
        to transport special mobile equipment under hire of a person who  | 
      
      
        | 
           
			 | 
        derives $500 in gross receipts annually from a farming or ranching  | 
      
      
        | 
           
			 | 
        enterprise. | 
      
      
        | 
           
			 | 
               SECTION 20.026.  Section 622.901, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 622.901.  WIDTH EXCEPTIONS.  The width limitation  | 
      
      
        | 
           
			 | 
        provided by Section 621.201 does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  highway building or maintenance machinery that is  | 
      
      
        | 
           
			 | 
        traveling: | 
      
      
        | 
           
			 | 
                           (A)  during daylight on a public highway other  | 
      
      
        | 
           
			 | 
        than a highway that is part of the national system of interstate and  | 
      
      
        | 
           
			 | 
        defense highways; or | 
      
      
        | 
           
			 | 
                           (B)  for not more than 50 miles on a highway that  | 
      
      
        | 
           
			 | 
        is part of the national system of interstate and defense highways; | 
      
      
        | 
           
			 | 
                     (2)  a vehicle traveling during daylight on a public  | 
      
      
        | 
           
			 | 
        highway other than a highway that is part of the national system of  | 
      
      
        | 
           
			 | 
        interstate and defense highways or traveling for not more than 50  | 
      
      
        | 
           
			 | 
        miles on a highway that is part of the national system of interstate  | 
      
      
        | 
           
			 | 
        and defense highways if the vehicle is: | 
      
      
        | 
           
			 | 
                           (A)  a farm tractor or implement of husbandry; or | 
      
      
        | 
           
			 | 
                           (B)  a vehicle on which a farm tractor or  | 
      
      
        | 
           
			 | 
        implement of husbandry, other than a tractor or implement being  | 
      
      
        | 
           
			 | 
        transported from one dealer to another, is being moved by the owner  | 
      
      
        | 
           
			 | 
        of the tractor or implement or by an agent or employee of the owner: | 
      
      
        | 
           
			 | 
                                 (i)  to deliver the tractor or implement to a  | 
      
      
        | 
           
			 | 
        new owner; | 
      
      
        | 
           
			 | 
                                 (ii)  to transport the tractor or implement  | 
      
      
        | 
           
			 | 
        to or from a mechanic for maintenance or repair; or | 
      
      
        | 
           
			 | 
                                 (iii)  in the course of an agricultural  | 
      
      
        | 
           
			 | 
        operation; | 
      
      
        | 
           
			 | 
                     (3)  machinery that is used solely for drilling water  | 
      
      
        | 
           
			 | 
        wells, including machinery that is a unit or a unit mounted on a  | 
      
      
        | 
           
			 | 
        conventional vehicle or chassis, and that is traveling: | 
      
      
        | 
           
			 | 
                           (A)  during daylight on a public highway other  | 
      
      
        | 
           
			 | 
        than a highway that is part of the national system of interstate and  | 
      
      
        | 
           
			 | 
        defense highways; or | 
      
      
        | 
           
			 | 
                           (B)  for not more than 50 miles on a highway that  | 
      
      
        | 
           
			 | 
        is part of the national system of interstate and defense highways; | 
      
      
        | 
           
			 | 
                     (4)  a vehicle owned or operated by a public, private,  | 
      
      
        | 
           
			 | 
        or volunteer fire department; | 
      
      
        | 
           
			 | 
                     (5)  a vehicle registered under Section 502.431  | 
      
      
        | 
           
			 | 
        [502.164]; or | 
      
      
        | 
           
			 | 
                     (6)  a recreational vehicle to which Section 622.903  | 
      
      
        | 
           
			 | 
        applies. | 
      
      
        | 
           
			 | 
               SECTION 20.027.  Section 623.144, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 623.144.  REGISTRATION OF VEHICLE.  A permit under this  | 
      
      
        | 
           
			 | 
        subchapter may be issued only if the vehicle is registered under  | 
      
      
        | 
           
			 | 
        Chapter 502 for the maximum gross weight applicable to the vehicle  | 
      
      
        | 
           
			 | 
        under Section 621.101 or has the distinguishing license plates as  | 
      
      
        | 
           
			 | 
        provided by Section 502.146 [504.504] if applicable to the vehicle. | 
      
      
        | 
           
			 | 
               SECTION 20.028.  Section 623.149(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The department may establish criteria to determine  | 
      
      
        | 
           
			 | 
        whether oil well servicing, oil well clean out, or oil well drilling  | 
      
      
        | 
           
			 | 
        machinery or equipment is subject to registration under Chapter 502  | 
      
      
        | 
           
			 | 
        or eligible for the distinguishing license plate provided by  | 
      
      
        | 
           
			 | 
        Section 502.146 [504.504]. | 
      
      
        | 
           
			 | 
               SECTION 20.029.  Section 623.194, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 623.194.  REGISTRATION OF VEHICLE.  A permit under this  | 
      
      
        | 
           
			 | 
        subchapter may be issued only if the vehicle to be moved is  | 
      
      
        | 
           
			 | 
        registered under Chapter 502 for the maximum gross weight  | 
      
      
        | 
           
			 | 
        applicable to the vehicle under Section 621.101 or has the  | 
      
      
        | 
           
			 | 
        distinguishing license plates as provided by Section 502.146  | 
      
      
        | 
           
			 | 
        [504.504] if applicable to the vehicle. | 
      
      
        | 
           
			 | 
               SECTION 20.030.  Section 623.199(a), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The department may establish criteria to determine  | 
      
      
        | 
           
			 | 
        whether an unladen lift equipment motor vehicle that because of its  | 
      
      
        | 
           
			 | 
        design for use as lift equipment exceeds the maximum weight and  | 
      
      
        | 
           
			 | 
        width limitations prescribed by statute is subject to registration  | 
      
      
        | 
           
			 | 
        under Chapter 502 or eligible for the distinguishing license plate  | 
      
      
        | 
           
			 | 
        provided by Section 502.146 [504.504]. | 
      
      
        | 
           
			 | 
               SECTION 20.031.  Section 642.003, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to correct references to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 642.003.  NONAPPLICABILITY.  Section 642.002 does not  | 
      
      
        | 
           
			 | 
        apply to a commercial motor vehicle, road-tractor, or truck-tractor  | 
      
      
        | 
           
			 | 
        that is: | 
      
      
        | 
           
			 | 
                     (1)  registered under Section 502.433 [502.163]; | 
      
      
        | 
           
			 | 
                     (2)  required to be registered under Section 113.131,  | 
      
      
        | 
           
			 | 
        Natural Resources Code; | 
      
      
        | 
           
			 | 
                     (3)  operated in private carriage that is subject to  | 
      
      
        | 
           
			 | 
        Title 49, Code of Federal Regulations, Part 390.21 [397.21]; | 
      
      
        | 
           
			 | 
                     (4)  operated under the direct control, supervision, or  | 
      
      
        | 
           
			 | 
        authority of a public utility, as recognized by the legislature,  | 
      
      
        | 
           
			 | 
        that is otherwise visibly marked; or | 
      
      
        | 
           
			 | 
                     (5)  transporting timber products in their natural  | 
      
      
        | 
           
			 | 
        state from first point of production or harvest to first point of  | 
      
      
        | 
           
			 | 
        processing. | 
      
      
        | 
           
			 | 
               SECTION 20.032.  Section 648.051(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This subchapter supersedes that portion of any paired  | 
      
      
        | 
           
			 | 
        city, paired state, or similar understanding governing foreign  | 
      
      
        | 
           
			 | 
        commercial motor vehicles or motor carriers entered into under  | 
      
      
        | 
           
			 | 
        Section 502.091 [502.054] or any other law. | 
      
      
        | 
           
			 | 
               SECTION 20.033.  Section 1001.101(2), Transportation Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "License" includes: | 
      
      
        | 
           
			 | 
                           (A)  a motor carrier registration issued under  | 
      
      
        | 
           
			 | 
        Chapter 643; | 
      
      
        | 
           
			 | 
                           (B)  a motor vehicle dealer, salvage dealer,  | 
      
      
        | 
           
			 | 
        manufacturer, distributor, representative, converter, or agent  | 
      
      
        | 
           
			 | 
        license issued by the department; | 
      
      
        | 
           
			 | 
                           (C)  specially designated or specialized license  | 
      
      
        | 
           
			 | 
        plates issued under Chapter 504; and | 
      
      
        | 
           
			 | 
                           (D)  an apportioned registration issued according  | 
      
      
        | 
           
			 | 
        to the International Registration Plan under Section 502.091  | 
      
      
        | 
           
			 | 
        [502.054]. | 
      
      
        | 
           
			 | 
        ARTICLE 21.  CHANGES RELATING TO WATER CODE | 
      
      
        | 
           
			 | 
               SECTION 21.001.  The heading to Section 5.178, Water Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 5.178.  [ANNUAL REPORTS;] BIENNIAL REPORTS  | 
      
      
        | 
           
			 | 
        [APPENDICES]. | 
      
      
        | 
           
			 | 
               SECTION 21.002.  Section 36.121, Water Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 1042 (H.B. 3109) and 1163 (H.B. 2702), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 36.121.  LIMITATION ON RULEMAKING POWER OF DISTRICTS  | 
      
      
        | 
           
			 | 
        OVER WELLS IN CERTAIN COUNTIES.  Except as provided by Section  | 
      
      
        | 
           
			 | 
        36.117, a district that is created under this chapter on or after  | 
      
      
        | 
           
			 | 
        September 1, 1991, shall exempt from regulation under this chapter  | 
      
      
        | 
           
			 | 
        a well and any water produced or to be produced by a well that is  | 
      
      
        | 
           
			 | 
        located in a county that has a population of 14,000 or less if the  | 
      
      
        | 
           
			 | 
        water is to be used solely to supply a municipality that has a  | 
      
      
        | 
           
			 | 
        population of 121,000 or less and the rights to the water produced  | 
      
      
        | 
           
			 | 
        from the well are owned by a political subdivision that is not a  | 
      
      
        | 
           
			 | 
        municipality, or by a municipality that has a population of 115,000  | 
      
      
        | 
           
			 | 
        or less, and that purchased, owned, or held rights to the water  | 
      
      
        | 
           
			 | 
        before the date on which the district was created, regardless of the  | 
      
      
        | 
           
			 | 
        date the well is drilled or the water is produced.  The district may  | 
      
      
        | 
           
			 | 
        not prohibit the political subdivision or municipality from  | 
      
      
        | 
           
			 | 
        transporting produced water inside or outside the district's  | 
      
      
        | 
           
			 | 
        boundaries. | 
      
      
        | 
           
			 | 
               SECTION 21.003.  Section 36.205(e), Water Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  Subsection (c) does not apply to the following  | 
      
      
        | 
           
			 | 
        districts: | 
      
      
        | 
           
			 | 
                     (1)  the Edwards Aquifer Authority; | 
      
      
        | 
           
			 | 
                     (2)  the Fort Bend Subsidence District; | 
      
      
        | 
           
			 | 
                     (3)  the Harris-Galveston [Coastal] Subsidence  | 
      
      
        | 
           
			 | 
        District; | 
      
      
        | 
           
			 | 
                     (4)  the Barton Springs-Edwards Aquifer Conservation  | 
      
      
        | 
           
			 | 
        District; or | 
      
      
        | 
           
			 | 
                     (5)  any district that collects a property tax and that  | 
      
      
        | 
           
			 | 
        was created before September 1, 1999, unless otherwise authorized  | 
      
      
        | 
           
			 | 
        by special law. | 
      
      
        | 
           
			 | 
               SECTION 21.004.  Section 49.181(h), Water Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 36 (S.B. 914) and 156 (H.B. 1901), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (h)  This section does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a district if: | 
      
      
        | 
           
			 | 
                           (A)  the district's boundaries include one entire  | 
      
      
        | 
           
			 | 
        county; | 
      
      
        | 
           
			 | 
                           (B)  the district was created by a special Act of  | 
      
      
        | 
           
			 | 
        the legislature and: | 
      
      
        | 
           
			 | 
                                 (i)  the district is located entirely within  | 
      
      
        | 
           
			 | 
        one county; | 
      
      
        | 
           
			 | 
                                 (ii)  the district is located entirely  | 
      
      
        | 
           
			 | 
        within one or more home-rule municipalities; | 
      
      
        | 
           
			 | 
                                 (iii)  the total taxable value of the real  | 
      
      
        | 
           
			 | 
        property and improvements to the real property zoned by one or more  | 
      
      
        | 
           
			 | 
        home-rule municipalities for residential purposes and located  | 
      
      
        | 
           
			 | 
        within the district does not exceed 25 percent of the total taxable  | 
      
      
        | 
           
			 | 
        value of all taxable property in the district, as shown by the most  | 
      
      
        | 
           
			 | 
        recent certified appraisal tax roll prepared by the appraisal  | 
      
      
        | 
           
			 | 
        district for the county; and | 
      
      
        | 
           
			 | 
                                 (iv)  the district was not required by law to  | 
      
      
        | 
           
			 | 
        obtain commission approval of its bonds before the effective date  | 
      
      
        | 
           
			 | 
        of this section; | 
      
      
        | 
           
			 | 
                           (C)  the district is a special water authority; | 
      
      
        | 
           
			 | 
                           (D)  the district is governed by a board of  | 
      
      
        | 
           
			 | 
        directors appointed in whole or in part by the governor, a state  | 
      
      
        | 
           
			 | 
        agency, or the governing body or chief elected official of a  | 
      
      
        | 
           
			 | 
        municipality or county and does not provide, or propose to provide,  | 
      
      
        | 
           
			 | 
        water, sewer, drainage, reclamation, or flood control services to  | 
      
      
        | 
           
			 | 
        residential retail or commercial customers as its principal  | 
      
      
        | 
           
			 | 
        function; | 
      
      
        | 
           
			 | 
                           (E)  the district on September 1, 2003: | 
      
      
        | 
           
			 | 
                                 (i)  is a municipal utility district that  | 
      
      
        | 
           
			 | 
        includes territory in only two counties; | 
      
      
        | 
           
			 | 
                                 (ii)  has outstanding long-term  | 
      
      
        | 
           
			 | 
        indebtedness that is rated BBB or better by a nationally recognized  | 
      
      
        | 
           
			 | 
        rating agency for municipal securities; and | 
      
      
        | 
           
			 | 
                                 (iii)  has at least 5,000 active water  | 
      
      
        | 
           
			 | 
        connections; or | 
      
      
        | 
           
			 | 
                           (F) [(6)]  the district: | 
      
      
        | 
           
			 | 
                                 (i) [(A)]  is a conservation and reclamation  | 
      
      
        | 
           
			 | 
        district created under Section 59, Article XVI, Texas Constitution,  | 
      
      
        | 
           
			 | 
        that includes territory in at least three counties; and | 
      
      
        | 
           
			 | 
                                 (ii) [(B)]  has the rights, powers,  | 
      
      
        | 
           
			 | 
        privileges, and functions applicable to a river authority under  | 
      
      
        | 
           
			 | 
        Chapter 30; or | 
      
      
        | 
           
			 | 
                     (2)  a public utility agency created under Chapter 572,  | 
      
      
        | 
           
			 | 
        Local Government Code, any of the public entities participating in  | 
      
      
        | 
           
			 | 
        which are districts if at least one of those districts is a district  | 
      
      
        | 
           
			 | 
        described by Subdivision (1)(E). | 
      
      
        | 
           
			 | 
               SECTION 21.005.  Section 49.2145(a), Water Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to a district located in: | 
      
      
        | 
           
			 | 
                     (1)  a county included in the Harris-Galveston  | 
      
      
        | 
           
			 | 
        [Coastal] Subsidence District; or | 
      
      
        | 
           
			 | 
                     (2)  a county included in the Fort Bend Subsidence  | 
      
      
        | 
           
			 | 
        District. | 
      
      
        | 
           
			 | 
        ARTICLE 22.  REDESIGNATIONS | 
      
      
        | 
           
			 | 
               SECTION 22.001.  The following provisions of enacted codes  | 
      
      
        | 
           
			 | 
        are redesignated to eliminate duplicate citations: | 
      
      
        | 
           
			 | 
                     (1)  Chapter 21, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1242 (S.B. 1320), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Chapter 21A, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, and Sections 21.001, 21.002, and 21.003, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, as added by that Act, are redesignated as Sections 21A.001,  | 
      
      
        | 
           
			 | 
        21A.002, and 21A.003, Business & Commerce Code, respectively. | 
      
      
        | 
           
			 | 
                     (2)  Chapter 57, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 979 (H.B. 1711), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Chapter 58, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, and Sections 57.001, 57.002, 57.003, 57.004, and 57.005,  | 
      
      
        | 
           
			 | 
        Business & Commerce Code, as added by that Act, are redesignated as  | 
      
      
        | 
           
			 | 
        Sections 58.001, 58.002, 58.003, 58.004, and 58.005, Business &  | 
      
      
        | 
           
			 | 
        Commerce Code, respectively. | 
      
      
        | 
           
			 | 
                     (3)  Chapter 106, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 164 (H.B. 2468), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Chapter 107, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, and Sections 106.001, 106.002, 106.003, 106.004, and 106.005,  | 
      
      
        | 
           
			 | 
        Business & Commerce Code, as added by that Act, are redesignated as  | 
      
      
        | 
           
			 | 
        Sections 107.001, 107.002, 107.003, 107.004, and 107.005, Business & | 
      
      
        | 
           
			 | 
         Commerce Code, respectively. | 
      
      
        | 
           
			 | 
                     (4)  Chapter 106, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 579 (H.B. 3487), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Chapter 108, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, and Sections 106.001, 106.002, 106.003, and 106.004, Business & | 
      
      
        | 
           
			 | 
         Commerce Code, as added by that Act, are redesignated as Sections  | 
      
      
        | 
           
			 | 
        108.001, 108.002, 108.003, and 108.004, Business & Commerce Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (5)  Article 6.09, Code of Criminal Procedure, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Article 6.10, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure. | 
      
      
        | 
           
			 | 
                     (6)  Article 38.46, Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapter 104 (S.B. 1680), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Article 38.47, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (7)  Article 42.0182, Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapter 327 (H.B. 2624), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Article 42.0183, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (8)  Subsections (f), (g), and (h), Article 45.056,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure, as added by Chapter 1055 (S.B. 209),  | 
      
      
        | 
           
			 | 
        Acts of the 82nd Legislature, Regular Session, 2011, are  | 
      
      
        | 
           
			 | 
        redesignated as Subsections (i), (j), and (k), Article 45.056, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure, respectively. | 
      
      
        | 
           
			 | 
                     (9)  Section 51.969, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2007, is redesignated as Section 51.977, Education Code. | 
      
      
        | 
           
			 | 
                     (10)  Section 51.976, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 703 (H.B. 452), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 51.978, Education Code. | 
      
      
        | 
           
			 | 
                     (11)  Section 56.007, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 415 (S.B. 851), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 56.008, Education Code. | 
      
      
        | 
           
			 | 
                     (12)  Subsection (b-1), Section 61.059, Education  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 1183 (H.B. 3468), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (b-2), Section 61.059, Education Code. | 
      
      
        | 
           
			 | 
                     (13)  Subsection (e), Section 12.006, Election Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 507 (H.B. 1570), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Subsection (f), Section  | 
      
      
        | 
           
			 | 
        12.006, Election Code. | 
      
      
        | 
           
			 | 
                     (14)  Section 18.068, Election Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1164 (H.B. 2817), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 18.069, Election Code. | 
      
      
        | 
           
			 | 
                     (15)  Subsection (c), Section 41.0052, Election Code,  | 
      
      
        | 
           
			 | 
        as added by Chapter 519 (H.B. 2144), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Subsection (e), Section  | 
      
      
        | 
           
			 | 
        41.0052, Election Code. | 
      
      
        | 
           
			 | 
                     (16)  Subsections (c-3) and (c-4), Section 58.003,  | 
      
      
        | 
           
			 | 
        Family Code, as added by Chapter 1322 (S.B. 407), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, are redesignated as  | 
      
      
        | 
           
			 | 
        Subsections (c-5) and (c-6), Section 58.003, Family Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (17)  Section 263.007, Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        791 (H.B. 2170), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, is redesignated as Section 263.008, Family Code. | 
      
      
        | 
           
			 | 
                     (18)  Subsection (f), Section 157.003, Finance Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 588 (S.B. 17), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Subsection (h), Section  | 
      
      
        | 
           
			 | 
        157.003, Finance Code. | 
      
      
        | 
           
			 | 
                     (19)  Subchapter JJ, Chapter 54, Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 863 (H.B. 3844), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Subchapter DD, Chapter  | 
      
      
        | 
           
			 | 
        54, Government Code, and Sections 54.1951, 54.1952, 54.1953,  | 
      
      
        | 
           
			 | 
        54.1954, and 54.1955, Government Code, as added by that Act, are  | 
      
      
        | 
           
			 | 
        redesignated as Sections 54.1501, 54.1502, 54.1503, 54.1504, and  | 
      
      
        | 
           
			 | 
        54.1505, Government Code, respectively. | 
      
      
        | 
           
			 | 
                     (20)  Section 411.1146, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1245 (S.B. 1518), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 411.1147, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (21)  Subchapter N, Chapter 411, Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 1234 (S.B. 694), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Subchapter O, Chapter  | 
      
      
        | 
           
			 | 
        411, Government Code. | 
      
      
        | 
           
			 | 
                     (22)  Section 552.153, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 455 (S.B. 1667), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 552.154, Government Code. | 
      
      
        | 
           
			 | 
                     (23)  Chapter 2267, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Chapter 2269, Government Code,  | 
      
      
        | 
           
			 | 
        and Sections 2267.001, 2267.002, 2267.003, 2267.004, 2267.005,  | 
      
      
        | 
           
			 | 
        2267.006, 2267.007, 2267.008, 2267.009, 2267.010, 2267.051,  | 
      
      
        | 
           
			 | 
        2267.052, 2267.053, 2267.054, 2267.055, 2267.056, 2267.057,  | 
      
      
        | 
           
			 | 
        2267.058, 2267.059, 2267.101, 2267.102, 2267.103, 2267.104,  | 
      
      
        | 
           
			 | 
        2267.105, 2267.106, 2267.151, 2267.152, 2267.153, 2267.154,  | 
      
      
        | 
           
			 | 
        2267.155, 2267.201, 2267.202, 2267.203, 2267.204, 2267.205,  | 
      
      
        | 
           
			 | 
        2267.206, 2267.207, 2267.208, 2267.251, 2267.252, 2267.253,  | 
      
      
        | 
           
			 | 
        2267.254, 2267.255, 2267.256, 2267.257, 2267.258, 2267.301,  | 
      
      
        | 
           
			 | 
        2267.302, 2267.303, 2267.304, 2267.305, 2267.306, 2267.307,  | 
      
      
        | 
           
			 | 
        2267.308, 2267.309, 2267.310, 2267.311, 2267.351, 2267.352,  | 
      
      
        | 
           
			 | 
        2267.353, 2267.354, 2267.355, 2267.356, 2267.357, 2267.358,  | 
      
      
        | 
           
			 | 
        2267.359, 2267.360, 2267.361, 2267.362, 2267.363, 2267.364,  | 
      
      
        | 
           
			 | 
        2267.365, 2267.366, 2267.367, 2267.401, 2267.402, 2267.403,  | 
      
      
        | 
           
			 | 
        2267.404, 2267.405, 2267.406, 2267.407, 2267.408, 2267.409,  | 
      
      
        | 
           
			 | 
        2267.410, 2267.411, 2267.451, and 2267.452, Government Code, as  | 
      
      
        | 
           
			 | 
        added by that Act, are redesignated as Sections 2269.001, 2269.002,  | 
      
      
        | 
           
			 | 
        2269.003, 2269.004, 2269.005, 2269.006, 2269.007, 2269.008,  | 
      
      
        | 
           
			 | 
        2269.009, 2269.010, 2269.051, 2269.052, 2269.053, 2269.054,  | 
      
      
        | 
           
			 | 
        2269.055, 2269.056, 2269.057, 2269.058, 2269.059, 2269.101,  | 
      
      
        | 
           
			 | 
        2269.102, 2269.103, 2269.104, 2269.105, 2269.106, 2269.151,  | 
      
      
        | 
           
			 | 
        2269.152, 2269.153, 2269.154, 2269.155, 2269.201, 2269.202,  | 
      
      
        | 
           
			 | 
        2269.203, 2269.204, 2269.205, 2269.206, 2269.207, 2269.208,  | 
      
      
        | 
           
			 | 
        2269.251, 2269.252, 2269.253, 2269.254, 2269.255, 2269.256,  | 
      
      
        | 
           
			 | 
        2269.257, 2269.258, 2269.301, 2269.302, 2269.303, 2269.304,  | 
      
      
        | 
           
			 | 
        2269.305, 2269.306, 2269.307, 2269.308, 2269.309, 2269.310,  | 
      
      
        | 
           
			 | 
        2269.311, 2269.351, 2269.352, 2269.353, 2269.354, 2269.355,  | 
      
      
        | 
           
			 | 
        2269.356, 2269.357, 2269.358, 2269.359, 2269.360, 2269.361,  | 
      
      
        | 
           
			 | 
        2269.362, 2269.363, 2269.364, 2269.365, 2269.366, 2269.367,  | 
      
      
        | 
           
			 | 
        2269.401, 2269.402, 2269.403, 2269.404, 2269.405, 2269.406,  | 
      
      
        | 
           
			 | 
        2269.407, 2269.408, 2269.409, 2269.410, 2269.411, 2269.451, and  | 
      
      
        | 
           
			 | 
        2269.452, Government Code, respectively. | 
      
      
        | 
           
			 | 
                     (24)  Section 61.067, Health and Safety Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1206 (S.B. 304), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 61.068, Health and Safety  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (25)  Section 241.007, Health and Safety Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 299 (H.B. 1983), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 241.008, Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
                     (26)  Section 281.0283, Health and Safety Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 524 (H.B. 2351), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, is redesignated as Section 281.0284, Health  | 
      
      
        | 
           
			 | 
        and Safety Code. | 
      
      
        | 
           
			 | 
                     (27)  Subchapter E, Chapter 311, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 55 (S.B. 894), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subchapter  | 
      
      
        | 
           
			 | 
        F, Chapter 311, Health and Safety Code, and Sections 311.061,  | 
      
      
        | 
           
			 | 
        311.062, and 311.063, Health and Safety Code, as added by that Act,  | 
      
      
        | 
           
			 | 
        are redesignated as Sections 311.081, 311.082, and 311.083, Health  | 
      
      
        | 
           
			 | 
        and Safety Code, respectively. | 
      
      
        | 
           
			 | 
                     (28)  Subsection (a-1), Section 711.002, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, as added by Chapter 95 (H.B. 74), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (a-2), Section 711.002, Health and Safety Code. | 
      
      
        | 
           
			 | 
                     (29)  Subdivision (19), Section 773.003, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, as added by Chapter 853 (S.B. 1412), Acts of the 72nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1991, is redesignated as Subdivision  | 
      
      
        | 
           
			 | 
        (7-a), Section 773.003, Health and Safety Code. | 
      
      
        | 
           
			 | 
                     (30)  Subsection (f), Section 42.041, Human Resources  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 343 (H.B. 3051), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (g), Section 42.041, Human Resources Code. | 
      
      
        | 
           
			 | 
                     (31)  Subsections (f) and (g), Section 42.0421, Human  | 
      
      
        | 
           
			 | 
        Resources Code, as added by Chapter 882 (S.B. 260), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, are redesignated as  | 
      
      
        | 
           
			 | 
        Subsections (h) and (i), Section 42.0421, Human Resources Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (32)  Section 42.0443, Human Resources Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 253 (H.B. 1555), Acts of the 75th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 1997, is redesignated as Section 42.04425, Human Resources  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (33)  Subsection (c), Section 42.021, Local Government  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 215 (H.B. 91), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (d), Section 42.021, Local Government Code. | 
      
      
        | 
           
			 | 
                     (34)  Subsection (c), Section 271.060, Local  | 
      
      
        | 
           
			 | 
        Government Code, as added by Chapter 479 (H.B. 679), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is redesignated as  | 
      
      
        | 
           
			 | 
        Subsection (d), Section 271.060, Local Government Code. | 
      
      
        | 
           
			 | 
                     (35)  Section 1103.157, Occupations Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 256 (H.B. 1146), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 1103.159, Occupations  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (36)  Subdivision (17), Section 31.003, Parks and  | 
      
      
        | 
           
			 | 
        Wildlife Code, as added by Chapter 720 (H.B. 787), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subdivision  | 
      
      
        | 
           
			 | 
        (18), Section 31.003, Parks and Wildlife Code. | 
      
      
        | 
           
			 | 
                     (37)  Subsection (a-1), Section 31.121, Parks and  | 
      
      
        | 
           
			 | 
        Wildlife Code, as added by Chapter 789 (H.B. 2141), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (a-2), Section 31.121, Parks and Wildlife Code. | 
      
      
        | 
           
			 | 
                     (38)  Subdivision (2), Subsection (c), Section 38.04,  | 
      
      
        | 
           
			 | 
        Penal Code, as added by Chapter 391 (S.B. 496), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subdivision  | 
      
      
        | 
           
			 | 
        (3), Subsection (c), Section 38.04, Penal Code. | 
      
      
        | 
           
			 | 
                     (39)  Chapter 64, Property Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2011, is redesignated as Chapter 65, Property Code, and Sections  | 
      
      
        | 
           
			 | 
        64.001, 64.002, 64.003, and 64.004, Property Code, as added by that  | 
      
      
        | 
           
			 | 
        Act, are redesignated as Sections 65.001, 65.002, 65.003, and  | 
      
      
        | 
           
			 | 
        65.004, Property Code, respectively. | 
      
      
        | 
           
			 | 
                     (40)  Section 202.011, Property Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 202.012, Property Code. | 
      
      
        | 
           
			 | 
                     (41)  Subsection (c), Section 23.21, Tax Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1309 (H.B. 3133), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Subsection (e), Section 23.21,  | 
      
      
        | 
           
			 | 
        Tax Code. | 
      
      
        | 
           
			 | 
                     (42)  Subsection (c), Section 41.47, Tax Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 322 (H.B. 2476), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Subsection (c-1), Section 41.47,  | 
      
      
        | 
           
			 | 
        Tax Code. | 
      
      
        | 
           
			 | 
                     (43)  Subsection (h-1), Section 222.107,  | 
      
      
        | 
           
			 | 
        Transportation Code, as added by Chapter 475 (H.B. 563), Acts of the  | 
      
      
        | 
           
			 | 
        82nd Legislature, Regular Session, 2011, is redesignated as  | 
      
      
        | 
           
			 | 
        Subsection (h-2), Section 222.107, Transportation Code. | 
      
      
        | 
           
			 | 
                     (44)  Section 223.2012, Transportation Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 459 (S.B. 1719), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 223.2013, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (45)  Section 225.082, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 45 (H.B. 1409), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.085, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (46)  Section 225.082, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 830 (H.B. 3208), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.086, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (47)  Section 225.082, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1314 (H.B. 3841), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.087, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (48)  Section 225.083, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 652 (S.B. 1100), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.088, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (49)  Section 225.084, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 859 (H.B. 3837), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.089, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (50)  Section 225.084, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1117 (S.B. 1925), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 225.090, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (51)  Subsection (a), Section 504.315, Transportation  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 460 (S.B. 1755), Acts of the 82nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2011, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (b), Section 504.315, Transportation Code. | 
      
      
        | 
           
			 | 
                     (52)  Section 504.317, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1281 (H.B. 1178), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 504.318, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (53)  Section 504.660, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2009, is redesignated as Section 504.661, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (54)  Section 56.032, Utilities Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 98 (S.B. 980), Acts of the 82nd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2011, is redesignated as Section 56.033, Utilities Code. | 
      
      
        | 
           
			 | 
               SECTION 22.002.  The following changes are made to conform  | 
      
      
        | 
           
			 | 
        the provisions amended to the redesignating changes made by Section  | 
      
      
        | 
           
			 | 
        22.001 of this Act: | 
      
      
        | 
           
			 | 
                     (1)  Subsection (b), Section 58.003, Business &  | 
      
      
        | 
           
			 | 
        Commerce Code, as redesignated from Subsection (b), Section 57.003,  | 
      
      
        | 
           
			 | 
        Business & Commerce Code, by Section 22.001 of this Act, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A disaster remediation contractor: | 
      
      
        | 
           
			 | 
                     (1)  may not require a person to make a full or partial  | 
      
      
        | 
           
			 | 
        payment under a contract before the contractor begins work; | 
      
      
        | 
           
			 | 
                     (2)  may not require that the amount of any partial  | 
      
      
        | 
           
			 | 
        payment under the contract exceed an amount reasonably  | 
      
      
        | 
           
			 | 
        proportionate to the work performed, including any materials  | 
      
      
        | 
           
			 | 
        delivered; and | 
      
      
        | 
           
			 | 
                     (3)  shall include in any contract for disaster  | 
      
      
        | 
           
			 | 
        remediation services the following statement in conspicuous,  | 
      
      
        | 
           
			 | 
        boldfaced type of at least 10 points in size:  "This contract is  | 
      
      
        | 
           
			 | 
        subject to Chapter 58 [57], Business & Commerce Code.  A contractor  | 
      
      
        | 
           
			 | 
        may not require a full or partial payment before the contractor  | 
      
      
        | 
           
			 | 
        begins work and may not require partial payments in an amount that  | 
      
      
        | 
           
			 | 
        exceeds an amount reasonably proportionate to the work performed,  | 
      
      
        | 
           
			 | 
        including any materials delivered." | 
      
      
        | 
           
			 | 
                     (2)  Section 107.005, Business & Commerce Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 106.005, Business & Commerce Code, by  | 
      
      
        | 
           
			 | 
        Section 22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 107.005  [106.005].  SUIT FOR CIVIL PENALTY.  The  | 
      
      
        | 
           
			 | 
        attorney general or a county or district attorney may bring an  | 
      
      
        | 
           
			 | 
        action to recover a civil penalty imposed under Section 107.004  | 
      
      
        | 
           
			 | 
        [106.004]. | 
      
      
        | 
           
			 | 
                     (3)  Section 108.004, Business & Commerce Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 106.004, Business & Commerce Code, by  | 
      
      
        | 
           
			 | 
        Section 22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 108.004  [106.004].  CIVIL PENALTY.  The owner or  | 
      
      
        | 
           
			 | 
        operator of a commercial lodging establishment or restaurant that  | 
      
      
        | 
           
			 | 
        violates Section 108.002 [106.002] is liable for a civil penalty in  | 
      
      
        | 
           
			 | 
        an amount not to exceed $200 for each violation. | 
      
      
        | 
           
			 | 
                     (4)  Subsection (k), Article 45.056, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as redesignated from Subsection (h), Article 45.056,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure, by Section 22.001 of this Act, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (k) [(h)]  Subsections (i) [(f)] and (j) [(g)] do not apply  | 
      
      
        | 
           
			 | 
        to: | 
      
      
        | 
           
			 | 
                     (1)  a part-time judge; or | 
      
      
        | 
           
			 | 
                     (2)  a county judge of a county court that has one or  | 
      
      
        | 
           
			 | 
        more appointed full-time magistrates under Section 54.1172,  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
                     (5)  Subsection (a), Section 44.031, Education Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by this subchapter, all school  | 
      
      
        | 
           
			 | 
        district contracts for the purchase of goods and services, except  | 
      
      
        | 
           
			 | 
        contracts for the purchase of produce or vehicle fuel, valued at  | 
      
      
        | 
           
			 | 
        $50,000 or more in the aggregate for each 12-month period shall be  | 
      
      
        | 
           
			 | 
        made by the method, of the following methods, that provides the best  | 
      
      
        | 
           
			 | 
        value for the district: | 
      
      
        | 
           
			 | 
                     (1)  competitive bidding for services other than  | 
      
      
        | 
           
			 | 
        construction services; | 
      
      
        | 
           
			 | 
                     (2)  competitive sealed proposals for services other  | 
      
      
        | 
           
			 | 
        than construction services; | 
      
      
        | 
           
			 | 
                     (3)  a request for proposals, for services other than  | 
      
      
        | 
           
			 | 
        construction services; | 
      
      
        | 
           
			 | 
                     (4)  an interlocal contract; | 
      
      
        | 
           
			 | 
                     (5)  a method provided by Chapter 2269 [2267],  | 
      
      
        | 
           
			 | 
        Government Code, for construction services; | 
      
      
        | 
           
			 | 
                     (6)  the reverse auction procedure as defined by  | 
      
      
        | 
           
			 | 
        Section 2155.062(d), Government Code; or | 
      
      
        | 
           
			 | 
                     (7)  the formation of a political subdivision  | 
      
      
        | 
           
			 | 
        corporation under Section 304.001, Local Government Code. | 
      
      
        | 
           
			 | 
                     (6)  Subsection (j), Section 44.901, Education Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (j)  Chapter 2269 [2267], Government Code, does not apply to  | 
      
      
        | 
           
			 | 
        this section. | 
      
      
        | 
           
			 | 
                     (7)  Subsection (k), Section 51.927, Education Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (k)  Chapter 2269 [2267], Government Code, does not apply to  | 
      
      
        | 
           
			 | 
        this section. | 
      
      
        | 
           
			 | 
                     (8)  Subsection (c-6), Section 58.003, Family Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Subsection (c-4), Section 58.003, Family Code, by  | 
      
      
        | 
           
			 | 
        Section 22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c-6) [(c-4)]  A prosecuting attorney or juvenile probation  | 
      
      
        | 
           
			 | 
        department may maintain until a child's 17th birthday a separate  | 
      
      
        | 
           
			 | 
        record of the child's name and date of birth and the date on which  | 
      
      
        | 
           
			 | 
        the child successfully completed the educational program, if the  | 
      
      
        | 
           
			 | 
        child's records are sealed under Subsection (c-5) [(c-3)].  The  | 
      
      
        | 
           
			 | 
        prosecuting attorney or juvenile probation department, as  | 
      
      
        | 
           
			 | 
        applicable, shall send the record to the court as soon as  | 
      
      
        | 
           
			 | 
        practicable after the child's 17th birthday to be added to the  | 
      
      
        | 
           
			 | 
        child's other sealed records. | 
      
      
        | 
           
			 | 
                     (9)  Section 2166.2525, Government Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2166.2525.  DETERMINATION OF CONTRACTING METHOD.  The  | 
      
      
        | 
           
			 | 
        method of contracting allowed under this subchapter for design and  | 
      
      
        | 
           
			 | 
        construction services is any method provided by Chapter 2269  | 
      
      
        | 
           
			 | 
        [2267]. | 
      
      
        | 
           
			 | 
                     (10)  Subsection (k), Section 2166.406, Government  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (k)  Chapter 2269 [2267] does not apply to this section. | 
      
      
        | 
           
			 | 
                     (11)  Subsection (d), Section 2269.254, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (d), Section 2267.254,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (d)  Not later than the seventh day after the date the  | 
      
      
        | 
           
			 | 
        contract is awarded, the governmental entity shall make the  | 
      
      
        | 
           
			 | 
        rankings determined under Section 2269.253(g) [2267.253(g)]  | 
      
      
        | 
           
			 | 
        public. | 
      
      
        | 
           
			 | 
                     (12)  Subsection (d), Section 2269.308, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (d), Section 2267.308,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (d)  Not later than the seventh day after the date the  | 
      
      
        | 
           
			 | 
        contract is awarded, the governmental entity shall make the  | 
      
      
        | 
           
			 | 
        rankings determined under Section 2269.307(f) [2267.307(f)]  | 
      
      
        | 
           
			 | 
        public. | 
      
      
        | 
           
			 | 
                     (13)  Subsection (d), Section 2269.353, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (d), Section 2267.353,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (d)  A governmental entity shall make a formal finding on the  | 
      
      
        | 
           
			 | 
        criteria described by Subsection (c) before preparing a request for  | 
      
      
        | 
           
			 | 
        qualifications under Section 2269.357 [2267.357]. | 
      
      
        | 
           
			 | 
                     (14)  Section 2269.357, Government Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 2267.357, Government Code, by Section  | 
      
      
        | 
           
			 | 
        22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2269.357 [2267.357].  REQUEST FOR QUALIFICATIONS.   | 
      
      
        | 
           
			 | 
        (a)  The governmental entity shall prepare a request for  | 
      
      
        | 
           
			 | 
        qualifications that includes: | 
      
      
        | 
           
			 | 
                     (1)  information on the civil works project site; | 
      
      
        | 
           
			 | 
                     (2)  project scope; | 
      
      
        | 
           
			 | 
                     (3)  project budget; | 
      
      
        | 
           
			 | 
                     (4)  project schedule; | 
      
      
        | 
           
			 | 
                     (5)  criteria for selection under Section 2269.359  | 
      
      
        | 
           
			 | 
        [2267.359] and the weighting of the criteria; and | 
      
      
        | 
           
			 | 
                     (6)  other information that may assist potential  | 
      
      
        | 
           
			 | 
        design-build firms in submitting proposals for the project. | 
      
      
        | 
           
			 | 
               (b)  The governmental entity shall also prepare a design  | 
      
      
        | 
           
			 | 
        criteria package as described by Section 2269.358 [2267.358]. | 
      
      
        | 
           
			 | 
                     (15)  Section 2269.360, Government Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 2267.360, Government Code, by Section  | 
      
      
        | 
           
			 | 
        22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2269.360 [2267.360].  SELECTION OF DESIGN-BUILD  | 
      
      
        | 
           
			 | 
        FIRM.  The governmental entity shall select a design-build firm  | 
      
      
        | 
           
			 | 
        using a combination of technical and cost proposals as provided by  | 
      
      
        | 
           
			 | 
        Section 2269.361 [2267.361]. | 
      
      
        | 
           
			 | 
                     (16)  Subsection (a), Section 2269.361, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (a), Section 2267.361,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  A governmental entity shall request proposals from  | 
      
      
        | 
           
			 | 
        design-build firms identified under Section 2269.359(c)  | 
      
      
        | 
           
			 | 
        [2267.359(c)].  A firm must submit a proposal not later than the  | 
      
      
        | 
           
			 | 
        180th day after the date the governmental entity makes a public  | 
      
      
        | 
           
			 | 
        request for the proposals from the selected firms.  The request for  | 
      
      
        | 
           
			 | 
        proposals must include: | 
      
      
        | 
           
			 | 
                     (1)  a design criteria package; | 
      
      
        | 
           
			 | 
                     (2)  if the project site is identified, a geotechnical  | 
      
      
        | 
           
			 | 
        baseline report or other information that provides the design-build  | 
      
      
        | 
           
			 | 
        firm minimum geotechnical design parameters to submit a proposal; | 
      
      
        | 
           
			 | 
                     (3)  detailed instructions for preparing the technical  | 
      
      
        | 
           
			 | 
        proposal and the items to be included, including a description of  | 
      
      
        | 
           
			 | 
        the form and level of completeness of drawings expected; and | 
      
      
        | 
           
			 | 
                     (4)  the relative weighting of the technical and price  | 
      
      
        | 
           
			 | 
        proposals and the formula by which the proposals will be evaluated  | 
      
      
        | 
           
			 | 
        and ranked. | 
      
      
        | 
           
			 | 
                     (17)  Section 2269.362, Government Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Section 2267.362, Government Code, by Section  | 
      
      
        | 
           
			 | 
        22.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 2269.362 [2267.362].  NEGOTIATION.  After selecting  | 
      
      
        | 
           
			 | 
        the highest-ranked design-build firm under Section 2269.361  | 
      
      
        | 
           
			 | 
        [2267.361], the governmental entity shall first attempt to  | 
      
      
        | 
           
			 | 
        negotiate a contract with the selected firm.  If the governmental  | 
      
      
        | 
           
			 | 
        entity is unable to negotiate a satisfactory contract with the  | 
      
      
        | 
           
			 | 
        selected firm, the entity shall, formally and in writing, end all  | 
      
      
        | 
           
			 | 
        negotiations with that firm and proceed to negotiate with the next  | 
      
      
        | 
           
			 | 
        firm in the order of the selection ranking until a contract is  | 
      
      
        | 
           
			 | 
        reached or negotiations with all ranked firms end. | 
      
      
        | 
           
			 | 
                     (18)  Subsection (c), Section 2269.364, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (c), Section 2267.364,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (c)  The governmental entity may offer an unsuccessful  | 
      
      
        | 
           
			 | 
        design-build firm that submits a response to the entity's request  | 
      
      
        | 
           
			 | 
        for additional information under Section 2269.361 [2267.361] a  | 
      
      
        | 
           
			 | 
        stipend for preliminary engineering costs associated with the  | 
      
      
        | 
           
			 | 
        development of the proposal.  The stipend must be one-half of one  | 
      
      
        | 
           
			 | 
        percent of the contract amount and must be specified in the initial  | 
      
      
        | 
           
			 | 
        request for proposals.  If the offer is accepted and paid, the  | 
      
      
        | 
           
			 | 
        governmental entity may make use of any work product contained in  | 
      
      
        | 
           
			 | 
        the proposal, including the techniques, methods, processes, and  | 
      
      
        | 
           
			 | 
        information contained in the proposal.  The use by the governmental  | 
      
      
        | 
           
			 | 
        entity of any design element contained in an unsuccessful proposal  | 
      
      
        | 
           
			 | 
        is at the sole risk and discretion of the entity and does not confer  | 
      
      
        | 
           
			 | 
        liability on the recipient of the stipend under this subsection. | 
      
      
        | 
           
			 | 
                     (19)  Subsection (c), Section 2269.367, Government  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsection (c), Section 2267.367,  | 
      
      
        | 
           
			 | 
        Government Code, by Section 22.001 of this Act, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (c)  If the governmental entity awards a design-build  | 
      
      
        | 
           
			 | 
        contract under Section 2269.362 [2267.362], the design-build firm  | 
      
      
        | 
           
			 | 
        shall deliver the bonds not later than the 10th day after the date  | 
      
      
        | 
           
			 | 
        the design-build firm executes the contract unless the design-build  | 
      
      
        | 
           
			 | 
        firm furnishes a bid bond or other financial security acceptable to  | 
      
      
        | 
           
			 | 
        the governmental entity to ensure that the design-build firm will  | 
      
      
        | 
           
			 | 
        furnish the required performance and payment bonds before the  | 
      
      
        | 
           
			 | 
        commencement of construction. | 
      
      
        | 
           
			 | 
                     (20)  Subsection (a), Section 252.021, Local  | 
      
      
        | 
           
			 | 
        Government Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Before a municipality may enter into a contract that  | 
      
      
        | 
           
			 | 
        requires an expenditure of more than $50,000 from one or more  | 
      
      
        | 
           
			 | 
        municipal funds, the municipality must: | 
      
      
        | 
           
			 | 
                     (1)  comply with the procedure prescribed by this  | 
      
      
        | 
           
			 | 
        subchapter and Subchapter C for competitive sealed bidding or  | 
      
      
        | 
           
			 | 
        competitive sealed proposals; | 
      
      
        | 
           
			 | 
                     (2)  use the reverse auction procedure, as defined by  | 
      
      
        | 
           
			 | 
        Section 2155.062(d), Government Code, for purchasing; or | 
      
      
        | 
           
			 | 
                     (3)  comply with a method described by Chapter 2269  | 
      
      
        | 
           
			 | 
        [2267], Government Code. | 
      
      
        | 
           
			 | 
                     (21)  Subsection (d), Section 252.022, Local  | 
      
      
        | 
           
			 | 
        Government Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  This chapter does not apply to an expenditure described  | 
      
      
        | 
           
			 | 
        by Section 252.021(a) if the governing body of a municipality  | 
      
      
        | 
           
			 | 
        determines that a method described by Chapter 2269  [2267],  | 
      
      
        | 
           
			 | 
        Government Code, provides a better value for the municipality with  | 
      
      
        | 
           
			 | 
        respect to that expenditure than the procedures described in this  | 
      
      
        | 
           
			 | 
        chapter and the municipality adopts and uses a method described in  | 
      
      
        | 
           
			 | 
        that chapter [subchapter] with respect to that expenditure. | 
      
      
        | 
           
			 | 
                     (22)  Subsections (d-1) and (e), Section 252.043, Local  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (d-1)  A contract for construction of a project described by  | 
      
      
        | 
           
			 | 
        Subsection (d) that requires an expenditure of $1.5 million or less  | 
      
      
        | 
           
			 | 
        may be awarded using the competitive sealed proposal procedure  | 
      
      
        | 
           
			 | 
        prescribed by Subchapter D, Chapter 2269 [2267], Government Code. | 
      
      
        | 
           
			 | 
               (e)  If the competitive sealed bidding requirement applies  | 
      
      
        | 
           
			 | 
        to the contract for construction of a facility, as that term is  | 
      
      
        | 
           
			 | 
        defined by Section 2269.001 [2267.001], Government Code, the  | 
      
      
        | 
           
			 | 
        contract must be awarded to the lowest responsible bidder or  | 
      
      
        | 
           
			 | 
        awarded under the method described by Chapter 2269 [2267],  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
                     (23)  Subsections (a) and (b-1), Section 262.023, Local   | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Before a county may purchase one or more items under a  | 
      
      
        | 
           
			 | 
        contract that will require an expenditure exceeding $50,000, the  | 
      
      
        | 
           
			 | 
        commissioners court of the county must: | 
      
      
        | 
           
			 | 
                     (1)  comply with the competitive bidding or competitive  | 
      
      
        | 
           
			 | 
        proposal procedures prescribed by this subchapter; | 
      
      
        | 
           
			 | 
                     (2)  use the reverse auction procedure, as defined by  | 
      
      
        | 
           
			 | 
        Section 2155.062(d), Government Code, for purchasing; or | 
      
      
        | 
           
			 | 
                     (3)  comply with a method described by Chapter 2269  | 
      
      
        | 
           
			 | 
        [2267], Government Code. | 
      
      
        | 
           
			 | 
               (b-1)  A county that complies with a method described by  | 
      
      
        | 
           
			 | 
        Chapter 2269 [2267], Government Code, as provided by Subsection  | 
      
      
        | 
           
			 | 
        (a)(3), to enter into a contract for which payment will be made  | 
      
      
        | 
           
			 | 
        through anticipation notes authorized by Chapter 1431, Government  | 
      
      
        | 
           
			 | 
        Code, may not issue anticipation notes for the payment of that  | 
      
      
        | 
           
			 | 
        contract in an amount that exceeds the lesser of: | 
      
      
        | 
           
			 | 
                     (1)  20 percent of the county's budget for the fiscal  | 
      
      
        | 
           
			 | 
        year in which the county enters into the contract; or | 
      
      
        | 
           
			 | 
                     (2)  $10 million. | 
      
      
        | 
           
			 | 
                     (24)  Section 271.054, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 271.054.  COMPETITIVE PROCUREMENT REQUIREMENT.  Before  | 
      
      
        | 
           
			 | 
        the governing body of an issuer may enter into a contract requiring  | 
      
      
        | 
           
			 | 
        an expenditure by or imposing an obligation or liability on the  | 
      
      
        | 
           
			 | 
        issuer, or on a subdivision of the issuer if the issuer is a county,  | 
      
      
        | 
           
			 | 
        of more than $50,000, the governing body must: | 
      
      
        | 
           
			 | 
                     (1)  submit the proposed contract to competitive  | 
      
      
        | 
           
			 | 
        procurement; or | 
      
      
        | 
           
			 | 
                     (2)  use an alternate method of project delivery  | 
      
      
        | 
           
			 | 
        authorized by Chapter 2269 [2267], Government Code. | 
      
      
        | 
           
			 | 
                     (25)  Section 302.007, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 302.007.  EXEMPTION FROM OTHER CONTRACTING LAW.   | 
      
      
        | 
           
			 | 
        Chapter 2269 [2267], Government Code, does not apply to this  | 
      
      
        | 
           
			 | 
        chapter. | 
      
      
        | 
           
			 | 
                     (26)  Section 335.077, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 335.077.  EXEMPTION FROM CONSTRUCTION CONTRACTING LAW.   | 
      
      
        | 
           
			 | 
        Chapter 2269 [2267], Government Code, does not apply to this  | 
      
      
        | 
           
			 | 
        chapter. | 
      
      
        | 
           
			 | 
                     (27)  Subsection (a-4), Section 1956.040, Occupations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a-4)  A municipality or county may retain 10 percent of the  | 
      
      
        | 
           
			 | 
        money collected from a fine for a conviction of an offense under  | 
      
      
        | 
           
			 | 
        Subsection (a-1) as a service fee for that collection and the clerk  | 
      
      
        | 
           
			 | 
        of the court shall remit the remainder of the fine collected for  | 
      
      
        | 
           
			 | 
        conviction of an offense under Subsection (a-1) to the comptroller  | 
      
      
        | 
           
			 | 
        in the manner provided for the remission of fees to the comptroller  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 133, Local Government Code.  The  | 
      
      
        | 
           
			 | 
        comptroller shall deposit proceeds received under this subsection  | 
      
      
        | 
           
			 | 
        to the credit of an account in the general revenue fund, and those  | 
      
      
        | 
           
			 | 
        proceeds may be appropriated only to the department and used to: | 
      
      
        | 
           
			 | 
                     (1)  finance the department's administration of  | 
      
      
        | 
           
			 | 
        Subchapters A, A-1, A-2, and A-3; and | 
      
      
        | 
           
			 | 
                     (2)  fund grants distributed under the prevention of  | 
      
      
        | 
           
			 | 
        scrap metal theft grant program established under Subchapter O [N],  | 
      
      
        | 
           
			 | 
        Chapter 411, Government Code. | 
      
      
        | 
           
			 | 
                     (28)  Subsection (b), Section 24.004, Property Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A justice court does not have jurisdiction in a forcible  | 
      
      
        | 
           
			 | 
        entry and detainer or forcible detainer suit and shall dismiss the  | 
      
      
        | 
           
			 | 
        suit if the defendant files a sworn statement alleging the suit is  | 
      
      
        | 
           
			 | 
        based on a deed executed in violation of Chapter 21A [21], Business & | 
      
      
        | 
           
			 | 
         Commerce Code. | 
      
      
        | 
           
			 | 
                     (29)  Section 65.002, Property Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 64.002, Property Code, by Section 22.001 of this Act,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 65.002 [64.002].  CONDITIONS FOR AUTHORITY TO ACT AS  | 
      
      
        | 
           
			 | 
        AGENT FOR CO-OWNER.  A co-owner of residential property may act in  | 
      
      
        | 
           
			 | 
        the name of and on behalf of another co-owner, whether known or  | 
      
      
        | 
           
			 | 
        unknown, as the co-owner's statutory agent and attorney-in-fact for  | 
      
      
        | 
           
			 | 
        the purposes described by Section 65.004 [64.004] if: | 
      
      
        | 
           
			 | 
                     (1)  the co-owner has occupied the property for more  | 
      
      
        | 
           
			 | 
        than five years; | 
      
      
        | 
           
			 | 
                     (2)  the co-owner has a residence homestead exemption  | 
      
      
        | 
           
			 | 
        for the property under Section 11.13, Tax Code; | 
      
      
        | 
           
			 | 
                     (3)  for the five years preceding the date the  | 
      
      
        | 
           
			 | 
        documents required by Section 65.003 [64.003] are filed, the  | 
      
      
        | 
           
			 | 
        occupying co-owner has paid all assessed ad valorem taxes without  | 
      
      
        | 
           
			 | 
        delinquency and without contribution from the other co-owner; and | 
      
      
        | 
           
			 | 
                     (4)  the occupying co-owner files the documents  | 
      
      
        | 
           
			 | 
        required by Section 65.003 [64.003]. | 
      
      
        | 
           
			 | 
                     (30)  Section 65.003, Property Code, as redesignated  | 
      
      
        | 
           
			 | 
        from Section 64.003, Property Code, by Section 22.001 of this Act,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 65.003 [64.003].  REQUIRED DOCUMENTATION.  The  | 
      
      
        | 
           
			 | 
        occupying co-owner may establish the authority to act as an agent  | 
      
      
        | 
           
			 | 
        and attorney-in-fact for another co-owner by filing in the office  | 
      
      
        | 
           
			 | 
        of the county clerk of the county in which the real property is  | 
      
      
        | 
           
			 | 
        located: | 
      
      
        | 
           
			 | 
                     (1)  an affidavit of the occupying co-owner affirming  | 
      
      
        | 
           
			 | 
        the facts described by Sections 65.002(1)-(3) [64.002(1)-(3)]; | 
      
      
        | 
           
			 | 
                     (2)  the affidavits of two additional affiants  | 
      
      
        | 
           
			 | 
        personally familiar with the co-owner's occupancy of the real  | 
      
      
        | 
           
			 | 
        property corroborating the occupancy during the preceding five  | 
      
      
        | 
           
			 | 
        years; and | 
      
      
        | 
           
			 | 
                     (3)  a certificate of the tax assessor-collector for  | 
      
      
        | 
           
			 | 
        the county in which the real property is located affirming that the  | 
      
      
        | 
           
			 | 
        co-owner has paid all taxes assessed against the real property for  | 
      
      
        | 
           
			 | 
        the preceding five years without delinquency. | 
      
      
        | 
           
			 | 
                     (31)  Section 1002.110, Special District Local Laws  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1002.110.  PUBLIC WORKS CONTRACTS.  With respect to the  | 
      
      
        | 
           
			 | 
        construction of public works, the district has all of the powers and  | 
      
      
        | 
           
			 | 
        duties conferred on a municipality under Chapter 2269 [2267],  | 
      
      
        | 
           
			 | 
        Government Code, with respect to the construction of a  | 
      
      
        | 
           
			 | 
        facility.  To the extent of any conflict, this section prevails  | 
      
      
        | 
           
			 | 
        over any other law relating to the construction of public works  | 
      
      
        | 
           
			 | 
        engaged in by the district. | 
      
      
        | 
           
			 | 
                     (32)  Subsection (b), Section 1024.105, Special  | 
      
      
        | 
           
			 | 
        District Local Laws Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The board may act as a governmental entity under Chapter  | 
      
      
        | 
           
			 | 
        2269 [2267], Government Code, for purposes of using the procurement  | 
      
      
        | 
           
			 | 
        procedures authorized by that chapter.  For purposes of this  | 
      
      
        | 
           
			 | 
        subsection, notice under Section 2269.052(c) [2267.052(c)],  | 
      
      
        | 
           
			 | 
        Government Code, must be provided by the district in the same manner  | 
      
      
        | 
           
			 | 
        as provided for a conservation and reclamation district created  | 
      
      
        | 
           
			 | 
        under Section 59, Article XVI, Texas Constitution. | 
      
      
        | 
           
			 | 
                     (33)  Subsection (d-1), Section 366.185,  | 
      
      
        | 
           
			 | 
        Transportation Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (d-1)  The rules adopted under Subsection (d) may not  | 
      
      
        | 
           
			 | 
        materially conflict with the design-build procedures provided by  | 
      
      
        | 
           
			 | 
        Subchapter H, Chapter 2269 [2267], Government Code, and shall  | 
      
      
        | 
           
			 | 
        provide materially similar injunctive and declaratory action  | 
      
      
        | 
           
			 | 
        enforcement rights regarding the improper disclosure or use of  | 
      
      
        | 
           
			 | 
        unique or nonordinary information as provided in that subchapter. | 
      
      
        | 
           
			 | 
                     (34)  Section 451.8025, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 451.8025.  EXEMPTION FROM OTHER CONTRACTING LAW.   | 
      
      
        | 
           
			 | 
        Chapter 2269 [2267], Government Code, does not apply to this  | 
      
      
        | 
           
			 | 
        subchapter. | 
      
      
        | 
           
			 | 
                     (35)  Section 452.1095, Transportation Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 452.1095.  EXEMPTION FROM OTHER CONTRACTING LAW FOR  | 
      
      
        | 
           
			 | 
        CERTAIN AUTHORITIES.  (a)  Chapter 2269 [2267], Government Code,  | 
      
      
        | 
           
			 | 
        does not apply to an authority consisting of one subregion governed  | 
      
      
        | 
           
			 | 
        by a subregional board created under Subchapter O. | 
      
      
        | 
           
			 | 
               (b)  An authority to which this section applies may adopt  | 
      
      
        | 
           
			 | 
        design-build procedures that do not materially conflict with   | 
      
      
        | 
           
			 | 
        Subchapter H, Chapter 2269 [2267], Government Code. | 
      
      
        | 
           
			 | 
                     (36)  Subsections (c) and (d), Section 460.406,  | 
      
      
        | 
           
			 | 
        Transportation Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The board of directors may authorize the negotiation of  | 
      
      
        | 
           
			 | 
        a contract without competitive sealed bids or proposals if: | 
      
      
        | 
           
			 | 
                     (1)  the aggregate amount involved in the contract is  | 
      
      
        | 
           
			 | 
        $50,000 or less; | 
      
      
        | 
           
			 | 
                     (2)  the contract is for construction for which not  | 
      
      
        | 
           
			 | 
        more than one bid or proposal is received; | 
      
      
        | 
           
			 | 
                     (3)  the contract is for services or property for which  | 
      
      
        | 
           
			 | 
        there is only one source or for which it is otherwise impracticable  | 
      
      
        | 
           
			 | 
        to obtain competition; | 
      
      
        | 
           
			 | 
                     (4)  the contract is to respond to an emergency for  | 
      
      
        | 
           
			 | 
        which the public exigency does not permit the delay incident to the  | 
      
      
        | 
           
			 | 
        competitive process; | 
      
      
        | 
           
			 | 
                     (5)  the contract is for personal or professional  | 
      
      
        | 
           
			 | 
        services or services for which competitive bidding is precluded by  | 
      
      
        | 
           
			 | 
        law; | 
      
      
        | 
           
			 | 
                     (6)  the contract, without regard to form and which may  | 
      
      
        | 
           
			 | 
        include bonds, notes, loan agreements, or other obligations, is for  | 
      
      
        | 
           
			 | 
        the purpose of borrowing money or is a part of a transaction  | 
      
      
        | 
           
			 | 
        relating to the borrowing of money, including: | 
      
      
        | 
           
			 | 
                           (A)  a credit support agreement, such as a line or  | 
      
      
        | 
           
			 | 
        letter of credit or other debt guaranty; | 
      
      
        | 
           
			 | 
                           (B)  a bond, note, debt sale or purchase, trustee,  | 
      
      
        | 
           
			 | 
        paying agent, remarketing agent, indexing agent, or similar  | 
      
      
        | 
           
			 | 
        agreement; | 
      
      
        | 
           
			 | 
                           (C)  an agreement with a securities dealer,  | 
      
      
        | 
           
			 | 
        broker, or underwriter; and | 
      
      
        | 
           
			 | 
                           (D)  any other contract or agreement considered by  | 
      
      
        | 
           
			 | 
        the board of directors to be appropriate or necessary in support of  | 
      
      
        | 
           
			 | 
        the authority's financing activities; | 
      
      
        | 
           
			 | 
                     (7)  the contract is for work that is performed and paid  | 
      
      
        | 
           
			 | 
        for by the day as the work progresses; | 
      
      
        | 
           
			 | 
                     (8)  the contract is for the purchase of land or a  | 
      
      
        | 
           
			 | 
        right-of-way; | 
      
      
        | 
           
			 | 
                     (9)  the contract is for the purchase of personal  | 
      
      
        | 
           
			 | 
        property sold: | 
      
      
        | 
           
			 | 
                           (A)  at an auction by a state licensed auctioneer; | 
      
      
        | 
           
			 | 
                           (B)  at a going out of business sale held in  | 
      
      
        | 
           
			 | 
        compliance with Subchapter F, Chapter 17, Business & Commerce Code;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (C)  by a political subdivision of this state, a  | 
      
      
        | 
           
			 | 
        state agency, or an entity of the federal government; | 
      
      
        | 
           
			 | 
                     (10)  the contract is for services performed by blind  | 
      
      
        | 
           
			 | 
        or severely disabled persons; | 
      
      
        | 
           
			 | 
                     (11)  the contract is for the purchase of electricity;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (12)  the contract is one awarded for alternate project  | 
      
      
        | 
           
			 | 
        delivery under Subchapters E, F, and G, Chapter 2269 [2267],  | 
      
      
        | 
           
			 | 
        Government Code. | 
      
      
        | 
           
			 | 
               (d)  For the purposes of entering into a contract authorized  | 
      
      
        | 
           
			 | 
        by Subsection (c)(12), an authority is considered a "governmental  | 
      
      
        | 
           
			 | 
        entity" as described by Section 2269.002 [2267.002], Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (37)  Subsection (d), Section 60.401, Water Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  Chapter 2269 [2267], Government Code, does not apply to  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
                     (38)  Subsection (c), Section 60.452, Water Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Chapter 2269 [2267], Government Code, does not apply to  | 
      
      
        | 
           
			 | 
        this  subchapter. | 
      
      
        | 
           
			 | 
        ARTICLE 23.  EFFECTIVE DATE | 
      
      
        | 
           
			 | 
               SECTION 23.001.  Except as otherwise provided by this Act,  | 
      
      
        | 
           
			 | 
        this Act takes effect September 1, 2013. |