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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 83rd 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 83rd |
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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 84th Legislature, Regular Session, 2015. 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 84th Legislature, Regular Session, 2015, the statute |
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controls. |
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SECTION 1.003. (a) A transition or saving provision of a |
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law codified by this Act applies to the codified law to the same |
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extent as it applied to the original law. |
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(b) The repeal of a transition or saving provision by this |
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Act does not affect the application of the provision to the codified |
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law. |
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(c) In this section, "transition provision" includes any |
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temporary provision providing for a special situation in the |
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transition period between the existing law and the establishment or |
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implementation of the new law. |
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SECTION 1.004. (a) The repeal of a law, including a |
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validating law, by this Act does not remove, void, or otherwise |
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affect in any manner a validation under the repealed law. The |
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validation is preserved and continues to have the same effect that |
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it would have if the law were not repealed. |
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(b) Subsection (a) of this section does not diminish the |
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saving provisions prescribed by Section 311.031, Government Code. |
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ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE |
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SECTION 2.001. Section 11.72, Alcoholic Beverage Code, as |
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amended by Chapters 451 (S.B. 828) and 1190 (S.B. 1090), Acts of the |
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83rd Legislature, Regular Session, 2013, is reenacted and amended |
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to read as follows: |
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Sec. 11.72. DISCIPLINE FOR ACTIONS OF AGENT. The |
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commission or administrator may suspend or revoke the permit of a |
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person who is represented by the holder of an agent's permit under |
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Section 15.01, 35.01 [or a manufacturer's agent's permit as
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described by Section 36.01], or 36.01 or otherwise discipline the |
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person based on an act or omission of the holder of the agent's [or
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manufacturer's agent's] permit only if an individual employed by |
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the person in a supervisory position: |
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(1) was directly involved in the act or omission of the |
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holder of the agent's [or manufacturer's agent's] permit; |
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(2) had notice or knowledge of the act or omission; or |
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(3) failed to take reasonable steps to prevent the act |
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or omission. |
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SECTION 2.002. Section 14.01(a), Alcoholic Beverage Code, |
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as amended by Chapters 106 (S.B. 905), 195 (S.B. 642), and 1171 |
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(S.B. 652), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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(a) The holder of a distiller's and rectifier's permit may: |
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(1) manufacture distilled spirits; |
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(2) rectify, purify, and refine distilled spirits and |
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wines; |
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(3) mix wines, distilled spirits, or other liquors; |
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(4) bottle, label, and package the permit holder's |
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finished products; |
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(5) sell the finished products in this state to |
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holders of wholesaler's permits and to qualified persons outside |
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the state; |
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(6) purchase distilled spirits, to be used only for |
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manufacturing or rectification purposes, from holders of |
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nonresident seller's permits or distiller's and rectifier's |
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permits; |
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(7) dispense free distilled spirits for consumption on |
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the permitted premises under Section 14.04; [and] |
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(8) sell bulk alcohol produced by the permit holder to |
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holders of industrial permits in this state; and |
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(9) [(8)] if located in a wet area, sell distilled |
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spirits to ultimate consumers under Section 14.04 or 14.05. |
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ARTICLE 3. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE |
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SECTION 3.001. Section 51.014(a), Civil Practice and |
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Remedies Code, as amended by Chapters 44 (H.B. 200) and 1042 (H.B. |
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2935), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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(a) A person may appeal from an interlocutory order of a |
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district court, county court at law, statutory probate court, or |
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county court that: |
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(1) appoints a receiver or trustee; |
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(2) overrules a motion to vacate an order that |
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appoints a receiver or trustee; |
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(3) certifies or refuses to certify a class in a suit |
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brought under Rule 42 of the Texas Rules of Civil Procedure; |
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(4) grants or refuses a temporary injunction or grants |
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or overrules a motion to dissolve a temporary injunction as |
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provided by Chapter 65; |
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(5) denies a motion for summary judgment that is based |
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on an assertion of immunity by an individual who is an officer or |
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employee of the state or a political subdivision of the state; |
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(6) denies a motion for summary judgment that is based |
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in whole or in part upon a claim against or defense by a member of |
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the electronic or print media, acting in such capacity, or a person |
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whose communication appears in or is published by the electronic or |
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print media, arising under the free speech or free press clause of |
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the First Amendment to the United States Constitution, or Article |
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I, Section 8, of the Texas Constitution, or Chapter 73; |
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(7) grants or denies the special appearance of a |
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defendant under Rule 120a, Texas Rules of Civil Procedure, except |
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in a suit brought under the Family Code; |
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(8) grants or denies a plea to the jurisdiction by a |
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governmental unit as that term is defined in Section 101.001; |
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(9) denies all or part of the relief sought by a motion |
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under Section 74.351(b), except that an appeal may not be taken from |
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an order granting an extension under Section 74.351; |
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(10) grants relief sought by a motion under Section |
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74.351(l); |
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(11) denies a motion to dismiss filed under Section |
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90.007; [or] |
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(12) denies a motion to dismiss filed under Section |
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27.003; or |
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(13) [(12)] denies a motion for summary judgment filed |
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by an electric utility regarding liability in a suit subject to |
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Section 75.0022. |
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SECTION 3.002. Section 51.014(b), Civil Practice and |
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Remedies Code, as amended by Chapters 916 (H.B. 1366) and 1042 (H.B. |
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2935), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted to read as follows: |
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(b) An interlocutory appeal under Subsection (a), other |
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than an appeal under Subsection (a)(4) or in a suit brought under |
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the Family Code, stays the commencement of a trial in the trial |
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court pending resolution of the appeal. An interlocutory appeal |
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under Subsection (a)(3), (5), (8), or (12) also stays all other |
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proceedings in the trial court pending resolution of that appeal. |
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ARTICLE 4. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE |
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SECTION 4.001. Articles 39.14(f) and (g), Code of Criminal |
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Procedure, are amended to correct references to read as follows: |
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(f) The attorney representing the defendant, or an |
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investigator, expert, consulting legal counsel, or agent for the |
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attorney representing the defendant, may allow a defendant, |
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witness, or prospective witness to view the information provided |
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under this article, but may not allow that person to have copies of |
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the information provided, other than a copy of the witness's own |
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statement. Before allowing that person to view a document or the |
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witness statement of another under this subsection, the person |
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possessing the information shall redact the address, telephone |
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number, driver's license number, social security number, date of |
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birth, and any bank account or other identifying numbers contained |
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in the document or witness statement. For purposes of this article |
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[section], the defendant may not be the agent for the attorney |
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representing the defendant. |
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(g) Nothing in this article [section] shall be interpreted |
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to limit an attorney's ability to communicate regarding his or her |
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case within the Texas Disciplinary Rules of Professional Conduct, |
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except for the communication of information identifying any victim |
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or witness, including name, except as provided in Subsections (e) |
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and (f), address, telephone number, driver's license number, social |
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security number, date of birth, and bank account information or any |
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information that by reference would make it possible to identify a |
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victim or a witness. Nothing in this subsection shall prohibit the |
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disclosure of identifying information to an administrative, law |
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enforcement, regulatory, or licensing agency for the purposes of |
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making a good faith complaint. |
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SECTION 4.002. Article 56.02(a), Code of Criminal |
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Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B. |
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1192), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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(a) A victim, guardian of a victim, or close relative of a |
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deceased victim is entitled to the following rights within the |
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criminal justice system: |
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(1) the right to receive from law enforcement agencies |
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adequate protection from harm and threats of harm arising from |
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cooperation with prosecution efforts; |
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(2) the right to have the magistrate take the safety of |
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the victim or his family into consideration as an element in fixing |
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the amount of bail for the accused; |
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(3) the right, if requested, to be informed: |
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(A) by the attorney representing the state of |
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relevant court proceedings, including appellate proceedings, and |
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to be informed if those proceedings have been canceled or |
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rescheduled prior to the event; and |
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(B) by an appellate court of decisions of the |
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court, after the decisions are entered but before the decisions are |
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made public; |
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(4) the right to be informed, when requested, by a |
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peace officer concerning the defendant's right to bail and the |
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procedures in criminal investigations and by the district |
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attorney's office concerning the general procedures in the criminal |
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justice system, including general procedures in guilty plea |
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negotiations and arrangements, restitution, and the appeals and |
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parole process; |
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(5) the right to provide pertinent information to a |
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probation department conducting a presentencing investigation |
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concerning the impact of the offense on the victim and his family by |
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testimony, written statement, or any other manner prior to any |
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sentencing of the offender; |
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(6) the right to receive information regarding |
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compensation to victims of crime as provided by Subchapter B, |
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including information related to the costs that may be compensated |
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under that subchapter and the amount of compensation, eligibility |
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for compensation, and procedures for application for compensation |
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under that subchapter, the payment for a medical examination under |
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Article 56.06 for a victim of a sexual assault, and when requested, |
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to referral to available social service agencies that may offer |
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additional assistance; |
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(7) the right to be informed, upon request, of parole |
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procedures, to participate in the parole process, to be notified, |
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if requested, of parole proceedings concerning a defendant in the |
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victim's case, to provide to the Board of Pardons and Paroles for |
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inclusion in the defendant's file information to be considered by |
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the board prior to the parole of any defendant convicted of any |
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crime subject to this subchapter, and to be notified, if requested, |
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of the defendant's release; |
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(8) the right to be provided with a waiting area, |
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separate or secure from other witnesses, including the offender and |
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relatives of the offender, before testifying in any proceeding |
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concerning the offender; if a separate waiting area is not |
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available, other safeguards should be taken to minimize the |
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victim's contact with the offender and the offender's relatives and |
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witnesses, before and during court proceedings; |
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(9) the right to prompt return of any property of the |
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victim that is held by a law enforcement agency or the attorney for |
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the state as evidence when the property is no longer required for |
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that purpose; |
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(10) the right to have the attorney for the state |
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notify the employer of the victim, if requested, of the necessity of |
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the victim's cooperation and testimony in a proceeding that may |
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necessitate the absence of the victim from work for good cause; |
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(11) the right to request victim-offender mediation |
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coordinated by the victim services division of the Texas Department |
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of Criminal Justice; |
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(12) the right to be informed of the uses of a victim |
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impact statement and the statement's purpose in the criminal |
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justice system, to complete the victim impact statement, and to |
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have the victim impact statement considered: |
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(A) by the attorney representing the state and |
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the judge before sentencing or before a plea bargain agreement is |
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accepted; and |
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(B) by the Board of Pardons and Paroles before an |
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inmate is released on parole; |
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(13) for a victim of an assault or sexual assault who |
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is younger than 17 years of age or whose case involves family |
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violence, as defined by Section 71.004, Family Code, the right to |
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have the court consider the impact on the victim of a continuance |
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requested by the defendant; if requested by the attorney |
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representing the state or by counsel for the defendant, the court |
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shall state on the record the reason for granting or denying the |
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continuance; and |
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(14) [(16)] if the offense is a capital felony, the |
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right to: |
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(A) receive by mail from the court a written |
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explanation of defense-initiated victim outreach if the court has |
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authorized expenditures for a defense-initiated victim outreach |
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specialist; |
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(B) not be contacted by the victim outreach |
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specialist unless the victim, guardian, or relative has consented |
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to the contact by providing a written notice to the court; and |
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(C) designate a victim service provider to |
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receive all communications from a victim outreach specialist acting |
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on behalf of any person. |
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SECTION 4.003. Article 56.02(c), Code of Criminal |
|
Procedure, as amended by Chapters 651 (H.B. 899) and 1345 (S.B. |
|
1192), Acts of the 83rd Legislature, Regular Session, 2013, is |
|
reenacted to read as follows: |
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(c) The office of the attorney representing the state, and |
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the sheriff, police, and other law enforcement agencies shall |
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ensure to the extent practicable that a victim, guardian of a |
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victim, or close relative of a deceased victim is afforded the |
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rights granted by this article and Article 56.021 and, on request, |
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an explanation of those rights. |
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SECTION 4.004. Article 59.01(2), Code of Criminal |
|
Procedure, as amended by Chapters 427 (S.B. 529) and 1357 (S.B. |
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1451), Acts of the 83rd Legislature, Regular Session, 2013, is |
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reenacted and amended to read as follows: |
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(2) "Contraband" means property of any nature, |
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including real, personal, tangible, or intangible, that is: |
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(A) used in the commission of: |
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(i) any first or second degree felony under |
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the Penal Code; |
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(ii) any felony under Section 15.031(b), |
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20.05, 21.11, 38.04, or Chapter 43, 20A, 29, 30, 31, 32, 33, 33A, or |
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35, Penal Code; |
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(iii) any felony under The Securities Act |
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(Article 581-1 et seq., Vernon's Texas Civil Statutes); or |
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(iv) any offense under Chapter 49, Penal |
|
Code, that is punishable as a felony of the third degree or state |
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jail felony, if the defendant has been previously convicted three |
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times of an offense under that chapter; |
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(B) used or intended to be used in the commission |
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of: |
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(i) any felony under Chapter 481, Health |
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and Safety Code (Texas Controlled Substances Act); |
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(ii) any felony under Chapter 483, Health |
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and Safety Code; |
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(iii) a felony under Chapter 151, Finance |
|
Code; |
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(iv) any felony under Chapter 34, Penal |
|
Code; |
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(v) a Class A misdemeanor under Subchapter |
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B, Chapter 365, Health and Safety Code, if the defendant has been |
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previously convicted twice of an offense under that subchapter; |
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(vi) any felony under Chapter 32, Human |
|
Resources Code, or Chapter 31, 32, 35A, or 37, Penal Code, that |
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involves the state Medicaid program; |
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(vii) a Class B misdemeanor under Chapter |
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522, Business & Commerce Code; |
|
(viii) a Class A misdemeanor under Section |
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306.051, Business & Commerce Code; |
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(ix) any offense under Section 42.10, Penal |
|
Code; |
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(x) any offense under Section 46.06(a)(1) |
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or 46.14, Penal Code; |
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(xi) any offense under Chapter 71, Penal |
|
Code; |
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(xii) any offense under Section 20.05, |
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Penal Code; or |
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(xiii) [(xiv)] an offense under Section |
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326.002, Business & Commerce Code; |
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(C) the proceeds gained from the commission of a |
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felony listed in Paragraph (A) or (B) of this subdivision, a |
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misdemeanor listed in Paragraph (B)(vii), (ix), (x), or (xi) of |
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this subdivision, or a crime of violence; |
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(D) acquired with proceeds gained from the |
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commission of a felony listed in Paragraph (A) or (B) of this |
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subdivision, a misdemeanor listed in Paragraph (B)(vii), (ix), (x), |
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or (xi) of this subdivision, or a crime of violence; |
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(E) used to facilitate or intended to be used to |
|
facilitate the commission of a felony under Section 15.031 or |
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43.25, Penal Code; or |
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(F) used to facilitate or intended to be used to |
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facilitate the commission of a felony under Section 20A.02 or |
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Chapter 43, Penal Code. |
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ARTICLE 5. CHANGES RELATING TO EDUCATION CODE |
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SECTION 5.001. (a) Section 7.111(a), Education Code, as |
|
amended by Chapters 339 (H.B. 2058) and 1217 (S.B. 1536), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted to read |
|
as follows: |
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(a) The board shall provide for the administration of high |
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school equivalency examinations. |
|
(b) Section 7.111(a-1), Education Code, is amended to |
|
conform to the amendment of Section 7.111(a), Education Code, by |
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Chapter 1217 (S.B. 1536), Acts of the 83rd Legislature, Regular |
|
Session, 2013, to read as follows: |
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(a-1) A person who does not have a high school diploma may |
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take the examination in accordance with rules adopted by the board |
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if the person is: |
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(1) over 17 years of age; |
|
(2) 16 years of age or older and: |
|
(A) is enrolled in a Job Corps training program |
|
under the Workforce Investment Act of 1998 (29 U.S.C. Section 2801 |
|
et seq.), and its subsequent amendments; |
|
(B) a public agency providing supervision of the |
|
person or having custody of the person under a court order |
|
recommends that the person take the examination; or |
|
(C) is enrolled in the Texas Military |
|
Department's [adjutant general's department's] Seaborne ChalleNGe |
|
Corps; or |
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(3) required to take the examination under a court |
|
order. |
|
SECTION 5.002. Section 25.007(b), Education Code, as |
|
amended by Chapters 688 (H.B. 2619) and 1354 (S.B. 1404), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(b) In recognition of the challenges faced by students in |
|
substitute care, the agency shall assist the transition of |
|
substitute care students from one school to another by: |
|
(1) ensuring that school records for a student in |
|
substitute care are transferred to the student's new school not |
|
later than the 10th working day after the date the student begins |
|
enrollment at the school; |
|
(2) developing systems to ease transition of a student |
|
in substitute care during the first two weeks of enrollment at a new |
|
school; |
|
(3) developing procedures for awarding credit, |
|
including partial credit if appropriate, for course work, including |
|
electives, completed by a student in substitute care while enrolled |
|
at another school; |
|
(4) promoting practices that facilitate access by a |
|
student in substitute care to extracurricular programs, summer |
|
programs, credit transfer services, electronic courses provided |
|
under Chapter 30A, and after-school tutoring programs at nominal or |
|
no cost; |
|
(5) establishing procedures to lessen the adverse |
|
impact of the movement of a student in substitute care to a new |
|
school; |
|
(6) entering into a memorandum of understanding with |
|
the Department of Family and Protective Services regarding the |
|
exchange of information as appropriate to facilitate the transition |
|
of students in substitute care from one school to another; |
|
(7) encouraging school districts and open-enrollment |
|
charter schools to provide services for a student in substitute |
|
care in transition when applying for admission to postsecondary |
|
study and when seeking sources of funding for postsecondary study; |
|
(8) requiring school districts, campuses, and |
|
open-enrollment charter schools to accept a referral for special |
|
education services made for a student in substitute care by a school |
|
previously attended by the student; |
|
(9) requiring school districts to provide notice to |
|
the child's educational decision-maker and caseworker regarding |
|
events that may significantly impact the education of a child, |
|
including: |
|
(A) requests or referrals for an evaluation under |
|
Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or |
|
special education under Section 29.003; |
|
(B) admission, review, and dismissal committee |
|
meetings; |
|
(C) manifestation determination reviews required |
|
by Section 37.004(b); |
|
(D) any disciplinary actions under Chapter 37 for |
|
which parental notice is required; |
|
(E) citations issued for Class C misdemeanor |
|
offenses on school property or at school-sponsored activities; |
|
(F) reports of restraint and seclusion required |
|
by Section 37.0021; and |
|
(G) use of corporal punishment as provided by |
|
Section 37.0011; [and] |
|
(10) developing procedures for allowing a student in |
|
substitute care who was previously enrolled in a course required |
|
for graduation the opportunity, to the extent practicable, to |
|
complete the course, at no cost to the student, before the beginning |
|
of the next school year; |
|
(11) ensuring that a student in substitute care who is |
|
not likely to receive a high school diploma before the fifth school |
|
year following the student's enrollment in grade nine, as |
|
determined by the district, has the student's course credit accrual |
|
and personal graduation plan reviewed; [and] |
|
(12) ensuring that a student in substitute care who is |
|
in grade 11 or 12 be provided information regarding tuition and fee |
|
exemptions under Section 54.366 for dual-credit or other courses |
|
provided by a public institution of higher education for which a |
|
high school student may earn joint high school and college credit; |
|
and |
|
(13) [(10)] providing other assistance as identified |
|
by the agency. |
|
SECTION 5.003. 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) or (14) [(13)], 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 5.004. Section 39.057(a), Education Code, as |
|
amended by Chapters 211 (H.B. 5) and 509 (S.B. 123), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(a) The commissioner may authorize special accreditation |
|
investigations to be conducted: |
|
(1) when excessive numbers of absences of students |
|
eligible to be tested on state assessment instruments are |
|
determined; |
|
(2) when excessive numbers of allowable exemptions |
|
from the required state assessment instruments are determined; |
|
(3) in response to complaints submitted to the agency |
|
with respect to alleged violations of civil rights or other |
|
requirements imposed on the state by federal law or court order; |
|
(4) in response to established compliance reviews of |
|
the district's financial accounting practices and state and federal |
|
program requirements; |
|
(5) when extraordinary numbers of student placements |
|
in disciplinary alternative education programs, other than |
|
placements under Sections 37.006 and 37.007, are determined; |
|
(6) in response to an allegation involving a conflict |
|
between members of the board of trustees or between the board and |
|
the district administration if it appears that the conflict |
|
involves a violation of a role or duty of the board members or the |
|
administration clearly defined by this code; |
|
(7) when excessive numbers of students in special |
|
education programs under Subchapter A, Chapter 29, are assessed |
|
through assessment instruments developed or adopted under Section |
|
39.023(b); |
|
(8) in response to an allegation regarding or an |
|
analysis using a statistical method result indicating a possible |
|
violation of an assessment instrument security procedure |
|
established under Section 39.0301, including for the purpose of |
|
investigating or auditing a school district under that section; |
|
(9) when a significant pattern of decreased academic |
|
performance has developed as a result of the promotion in the |
|
preceding two school years of students who did not perform |
|
satisfactorily as determined by the commissioner under Section |
|
39.0241(a) on assessment instruments administered under Section |
|
39.023(a), (c), or (l); |
|
(10) when excessive numbers of students eligible to |
|
enroll fail to complete an Algebra II course or any other advanced |
|
course as determined by the commissioner; |
|
(11) when resource allocation practices as evaluated |
|
under Section 39.0821 indicate a potential for significant |
|
improvement in resource allocation; |
|
(12) when a disproportionate number of students of a |
|
particular demographic group is graduating with a particular |
|
endorsement under Section 28.025(c-1); |
|
(13) when an excessive number of students is |
|
graduating with a particular endorsement under Section |
|
28.025(c-1); |
|
(14) [(13)] in response to a complaint submitted to |
|
the agency with respect to alleged inaccurate data that is reported |
|
through the Public Education Information Management System (PEIMS) |
|
or through other reports required by state or federal law or rule or |
|
court order and that is used by the agency to make a determination |
|
relating to public school accountability, including accreditation, |
|
under this chapter; or |
|
(15) [(14)] as the commissioner otherwise determines |
|
necessary. |
|
SECTION 5.005. Section 58.001(a), Education Code, as |
|
amended by Chapter 65 (S.B. 120), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed to conform to the repeal of |
|
Section 58.001, Education Code, by Chapter 1155 (S.B. 215), Acts of |
|
the 83rd Legislature, Regular Session, 2013. |
|
SECTION 5.006. (a) Section 61.0662, Education Code, as |
|
redesignated from Section 61.051(h), Education Code, and |
|
transferred and amended by Chapter 1155 (S.B. 215), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted to incorporate |
|
amendments to Section 61.051(h), Education Code, made by Chapter |
|
507 (S.B. 67), Acts of the 83rd Legislature, Regular Session, 2013, |
|
and amended to read as follows: |
|
Sec. 61.0662. INFORMATION ON RESEARCH CONDUCTED BY |
|
INSTITUTIONS. (a) The board shall maintain an inventory of all |
|
institutional and programmatic research activities being conducted |
|
by the various institutions of higher education, whether |
|
state-financed or not. |
|
(b) Once a year, on dates prescribed by the board, each |
|
institution of higher education shall report to the board all |
|
research conducted at that institution during the preceding year. |
|
Each institution's report must include the amounts spent by the |
|
institution on human embryonic stem cell research and adult stem |
|
cell research during the year covered by the report and the source |
|
of the funding for that research. |
|
(c) All reports required by this section shall be made |
|
subject to the limitations imposed by security regulations |
|
governing defense contracts for research. |
|
(d) Not later than January 1 of each year, the board shall |
|
submit to the legislature information regarding human stem cell |
|
research obtained by the board from reports required by this |
|
section [subsection]. |
|
(b) Section 61.051(h), Education Code, as amended by |
|
Chapter 507 (S.B. 67), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is repealed. |
|
SECTION 5.007. Section 61.051(i), Education Code, as |
|
amended by Chapter 1312 (S.B. 59), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed to conform to the repeal of that |
|
subsection by Chapter 1155 (S.B. 215), Acts of the 83rd |
|
Legislature, Regular Session, 2013. |
|
SECTION 5.008. Section 73.115(g), Education Code, as added |
|
by Chapter 1366 (S.B. 1604), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is repealed as duplicative of Section 73.115(g), |
|
Education Code, as added by Chapter 1346 (S.B. 1195), Acts of the |
|
83rd Legislature, Regular Session, 2013. |
|
ARTICLE 6. CHANGES RELATING TO ELECTION CODE |
|
SECTION 6.001. Section 143.003(b), Election Code, is |
|
repealed as executed. |
|
SECTION 6.002. Section 171.024(b), Election Code, as |
|
amended by Chapters 1054 (H.B. 3102) and 1262 (H.B. 630), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(b) [The state executive committee shall adopt rules
|
|
regarding how many members of the county executive committee
|
|
constitute a quorum for the purpose of filling a vacancy.] A |
|
majority of the committee's membership must participate in filling |
|
a vacancy in the office of county chair. To be elected, a person |
|
must receive a favorable vote of a majority of the members voting. |
|
ARTICLE 7. CHANGES RELATING TO FAMILY CODE |
|
SECTION 7.001. Section 31.006, Family Code, is amended to |
|
correct a reference to read as follows: |
|
Sec. 31.006. EFFECT OF GENERAL REMOVAL. Except for |
|
specific constitutional and statutory age requirements, a minor |
|
whose disabilities are removed for general purposes has the |
|
capacity of an adult, including the capacity to contract. Except as |
|
provided by federal law, all educational rights accorded to the |
|
parent of a student, including the right to make education |
|
decisions under Section 151.001(a)(10) [151.003(a)(10)], transfer |
|
to the minor whose disabilities are removed for general purposes. |
|
SECTION 7.002. Section 58.00711, Family Code, as amended by |
|
Chapters 1257 (H.B. 528) and 1319 (S.B. 394), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
|
read as follows: |
|
Sec. 58.00711. RECORDS RELATING TO CHILDREN CHARGED WITH, |
|
[OR] CONVICTED OF, OR RECEIVING DEFERRED DISPOSITION FOR FINE-ONLY |
|
MISDEMEANORS. (a) This section applies only to a misdemeanor |
|
offense punishable by fine only, other than a traffic offense. |
|
(b) Except as provided by Article 45.0217(b), Code of |
|
Criminal Procedure, all records and files and information stored by |
|
electronic means or otherwise, from which a record or file could be |
|
generated, relating to a child who is charged with, is convicted of, |
|
is found not guilty of, had a charge dismissed for, [or who has
|
|
received a dismissal after deferral of disposition for] or is |
|
granted deferred disposition for an offense described by Subsection |
|
(a) are confidential and may not be disclosed to the public. |
|
SECTION 7.003. Section 58.204(b), Family Code, as amended |
|
by Chapters 871 (H.B. 694) and 1299 (H.B. 2862), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
|
read as follows: |
|
(b) On certification of records in a case under Section |
|
58.203, the department may permit access to the information in the |
|
juvenile justice information system relating to the case of an |
|
individual only: |
|
(1) by a criminal justice agency for a criminal |
|
justice purpose, as those terms are defined by Section 411.082, |
|
Government Code; |
|
(2) for research purposes, by the Texas Juvenile |
|
Justice Department; |
|
(3) by the person who is the subject of the records on |
|
an order from the juvenile court granting the petition filed by or |
|
on behalf of the person who is the subject of the records; |
|
(4) with the permission of the juvenile court at the |
|
request of the person who is the subject of the records; [or] |
|
(5) with the permission of the juvenile court, by a |
|
party to a civil suit if the person who is the subject of the records |
|
has put facts relating to the person's records at issue in the suit; |
|
or |
|
(6) [(3)] with the written permission of the |
|
individual, by military personnel, including a recruiter, of this |
|
state or the United States if the individual is an applicant for |
|
enlistment in the armed forces. |
|
SECTION 7.004. Section 264.121(a-1), Family Code, as |
|
amended by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(a-1) The department shall require a foster care provider to |
|
provide or assist youth who are age 14 or older in obtaining |
|
experiential life-skills training to improve their transition to |
|
independent living. Experiential life-skills training must be |
|
tailored to a youth's skills and abilities and must include |
|
training in practical activities that include grocery shopping, |
|
meal preparation and cooking, [and] performing basic household |
|
tasks, and, when appropriate, using public transportation. |
|
SECTION 7.005. Section 264.121(f), Family Code, as amended |
|
by Chapters 168 (S.B. 1589) and 342 (H.B. 2111), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
|
read as follows: |
|
(f) The department shall require a person with whom the |
|
department contracts for transitional living services for foster |
|
youth to provide or assist youth in obtaining: |
|
(1) housing services; |
|
(2) job training and employment services; |
|
(3) college preparation services; |
|
(4) services that will assist youth in obtaining a |
|
general education development certificate; |
|
(5) services that will assist youth in developing |
|
skills in food preparation; |
|
(6) nutrition education that promotes healthy food |
|
choices; [and] |
|
(7) [(5)] a savings or checking account if the youth |
|
is at least 18 years of age and has a source of income; and |
|
(8) [(7)] any other appropriate transitional living |
|
service identified by the department. |
|
ARTICLE 8. CHANGES RELATING TO FINANCE CODE |
|
SECTION 8.001. Section 348.005, Finance Code, as amended by |
|
Chapters 355 (H.B. 2462), 1135 (H.B. 2741), and 1287 (H.B. 2202), |
|
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted |
|
and amended 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 deputy as |
|
authorized by rules adopted under Section 520.0071 [520.008], |
|
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, automobile club memberships, or a debt |
|
cancellation agreement by Subchapter C. |
|
ARTICLE 9. CHANGES RELATING TO GOVERNMENT CODE |
|
PART A. GENERAL CHANGES |
|
SECTION 9.001. Section 411.081(d), Government Code, is |
|
amended to correct an error in punctuation to read as follows: |
|
(d) Notwithstanding any other provision of this subchapter, |
|
if a person is placed on deferred adjudication community |
|
supervision under Section 5, Article 42.12, Code of Criminal |
|
Procedure, subsequently receives a discharge and dismissal under |
|
Section 5(c), Article 42.12, and satisfies the requirements of |
|
Subsection (e), the person may petition the court that placed the |
|
defendant on deferred adjudication for an order of nondisclosure |
|
under this subsection. Except as provided by Subsection (e), a |
|
person may petition the court for an order of nondisclosure |
|
regardless of whether the person has been previously placed on |
|
deferred adjudication community supervision for another offense. |
|
After notice to the state, an opportunity for a hearing, and a |
|
determination that the person is entitled to file the petition and |
|
issuance of the order is in the best interest of justice, the court |
|
shall issue an order prohibiting criminal justice agencies from |
|
disclosing to the public criminal history record information |
|
related to the offense giving rise to the deferred adjudication. A |
|
criminal justice agency may disclose criminal history record |
|
information that is the subject of the order only to other criminal |
|
justice agencies[,] for criminal justice or regulatory licensing |
|
purposes, an agency or entity listed in Subsection (i), or the |
|
person who is the subject of the order. A person may petition the |
|
court that placed the person on deferred adjudication for an order |
|
of nondisclosure only on or after: |
|
(1) the discharge and dismissal, if the offense for |
|
which the person was placed on deferred adjudication was a |
|
misdemeanor other than a misdemeanor described by Subdivision (2); |
|
(2) the second anniversary of the discharge and |
|
dismissal, if the offense for which the person was placed on |
|
deferred adjudication was a misdemeanor under Chapter 20, 21, 22, |
|
25, 42, or 46, Penal Code; or |
|
(3) the fifth anniversary of the discharge and |
|
dismissal, if the offense for which the person was placed on |
|
deferred adjudication was a felony. |
|
SECTION 9.002. Section 411.081(i), Government Code, as |
|
amended by Chapters 42 (S.B. 966), 266 (H.B. 729), and 583 (S.B. |
|
869), Acts of the 83rd Legislature, Regular Session, 2013, is |
|
reenacted and amended to read as follows: |
|
(i) A criminal justice agency may disclose criminal history |
|
record information that is the subject of an order of nondisclosure |
|
under Subsection (d) to the following noncriminal justice agencies |
|
or entities only: |
|
(1) the State Board for Educator Certification; |
|
(2) a school district, charter school, private school, |
|
regional education service center, commercial transportation |
|
company, or education shared service arrangement; |
|
(3) the Texas Medical Board; |
|
(4) the Texas School for the Blind and Visually |
|
Impaired; |
|
(5) the Board of Law Examiners; |
|
(6) the State Bar of Texas; |
|
(7) a district court regarding a petition for name |
|
change under Subchapter B, Chapter 45, Family Code; |
|
(8) the Texas School for the Deaf; |
|
(9) the Department of Family and Protective Services; |
|
(10) the Texas Juvenile Justice Department; |
|
(11) the Department of Assistive and Rehabilitative |
|
Services; |
|
(12) the Department of State Health Services, a local |
|
mental health service, a local mental retardation authority, or a |
|
community center providing services to persons with mental illness |
|
or retardation; |
|
(13) the Texas Private Security Board; |
|
(14) a municipal or volunteer fire department; |
|
(15) the Texas Board of Nursing; |
|
(16) a safe house providing shelter to children in |
|
harmful situations; |
|
(17) a public or nonprofit hospital or hospital |
|
district, or a facility as defined by Section 250.001, Health and |
|
Safety Code; |
|
(18) the securities commissioner, the banking |
|
commissioner, the savings and mortgage lending commissioner, the |
|
consumer credit commissioner, or the credit union commissioner; |
|
(19) the Texas State Board of Public Accountancy; |
|
(20) the Texas Department of Licensing and Regulation; |
|
(21) the Health and Human Services Commission; |
|
(22) the Department of Aging and Disability Services; |
|
(23) the Texas Education Agency; |
|
(24) the Judicial Branch Certification Commission; |
|
(25) a county clerk's office in relation to a |
|
proceeding for the appointment of a guardian under Title 3, Estates |
|
[Chapter XIII, Texas Probate] Code; |
|
(26) the Department of Information Resources but only |
|
regarding an employee, applicant for employment, contractor, |
|
subcontractor, intern, or volunteer who provides network security |
|
services under Chapter 2059 to: |
|
(A) the Department of Information Resources; or |
|
(B) a contractor or subcontractor of the |
|
Department of Information Resources; |
|
(27) the Texas Department of Insurance; |
|
(28) the Teacher Retirement System of Texas; and |
|
(29) [(30)] the Texas State Board of Pharmacy. |
|
SECTION 9.003. Section 411.179(a), Government Code, as |
|
amended by Chapters 396 (S.B. 164) and 1302 (H.B. 3142), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(a) The department by rule shall adopt the form of the |
|
license. A license must include: |
|
(1) a number assigned to the license holder by the |
|
department; |
|
(2) a statement of the period for which the license is |
|
effective; |
|
(3) a color photograph of the license holder; |
|
(4) the license holder's full name, date of birth, hair |
|
and eye color, height, weight, and signature; |
|
(5) the license holder's residence address or, as |
|
provided by Subsection (d), the street address of the courthouse in |
|
which the license holder or license holder's spouse serves as a |
|
federal judge or the license holder serves as a state judge; |
|
(6) the number of a driver's license or an |
|
identification certificate issued to the license holder by the |
|
department; and |
|
(7) [(8)] the designation "VETERAN" if required under |
|
Subsection (e). |
|
SECTION 9.004. Section 411.185(a), Government Code, as |
|
amended by Chapters 156 (S.B. 864) and 1387 (H.B. 48), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted to read as |
|
follows: |
|
(a) To renew a license, a license holder must, on or before |
|
the date the license expires, submit to the department by mail or, |
|
in accordance with the procedure adopted under Subsection (f), on |
|
the Internet: |
|
(1) a renewal application on a form provided by the |
|
department; |
|
(2) payment of a nonrefundable renewal fee as set by |
|
the department; and |
|
(3) the informational form described by Subsection (c) |
|
signed or electronically acknowledged by the applicant. |
|
SECTION 9.005. Section 411.188(a), Government Code, as |
|
amended by Chapters 156 (S.B. 864) and 1302 (H.B. 3142), Acts of the |
|
83rd Legislature, Regular Session, 2013, is amended to conform to |
|
Chapter 1387 (H.B. 48), Acts of the 83rd Legislature, Regular |
|
Session, 2013, to read as follows: |
|
(a) The director by rule shall establish minimum standards |
|
for handgun proficiency and shall develop a course to teach handgun |
|
proficiency and examinations to measure handgun proficiency. The |
|
course to teach handgun proficiency is required for each person who |
|
seeks to obtain [or renew] a license and must contain training |
|
sessions divided into two parts. One part of the course must be |
|
classroom instruction and the other part must be range instruction |
|
and an actual demonstration by the applicant of the applicant's |
|
ability to safely and proficiently use a handgun. An applicant must |
|
be able to demonstrate, at a minimum, the degree of proficiency that |
|
is required to effectively operate a handgun of .32 caliber or |
|
above. The department shall distribute the standards, course |
|
requirements, and examinations on request to any qualified handgun |
|
instructor. |
|
SECTION 9.006. Section 411.188(j), Government Code, as |
|
amended by Chapter 156 (S.B. 864), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed to conform to the repeal of |
|
Section 411.188(j), Government Code, by Chapter 1387 (H.B. 48), |
|
Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 9.007. Section 411.199(e), Government Code, as |
|
amended by Chapter 1302 (H.B. 3142), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed to conform to the repeal of |
|
Section 411.199(e), Government Code, by Chapter 1387 (H.B. 48), |
|
Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 9.008. Section 552.1175(a), Government Code, as |
|
amended by Chapters 937 (H.B. 1632) and 1033 (H.B. 2733), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(a) This section applies only to: |
|
(1) peace officers as defined by Article 2.12, Code of |
|
Criminal Procedure; |
|
(2) county jailers as defined by Section 1701.001, |
|
Occupations Code; |
|
(3) current or former employees of the Texas |
|
Department of Criminal Justice or of the predecessor in function of |
|
the department or any division of the department; |
|
(4) commissioned security officers as defined by |
|
Section 1702.002, Occupations Code; |
|
(5) employees of a district attorney, criminal |
|
district attorney, or county or municipal attorney whose |
|
jurisdiction includes any criminal law or child protective services |
|
matters; |
|
(6) officers and employees of a community supervision |
|
and corrections department established under Chapter 76 who perform |
|
a duty described by Section 76.004(b); |
|
(7) criminal investigators of the United States as |
|
described by Article 2.122(a), Code of Criminal Procedure; |
|
(8) police officers and inspectors of the United |
|
States Federal Protective Service; |
|
(9) current and former employees of the office of the |
|
attorney general who are or were assigned to a division of that |
|
office the duties of which involve law enforcement; [and] |
|
(10) juvenile probation and detention officers |
|
certified by the Texas Juvenile Justice Department, or the |
|
predecessors in function of the department, under Title 12, Human |
|
Resources Code; |
|
(11) employees of a juvenile justice program or |
|
facility, as those terms are defined by Section 261.405, Family |
|
Code; [and] |
|
(12) current or former employees of the Texas Juvenile |
|
Justice Department or the predecessors in function of the |
|
department; and |
|
(13) [(10)] federal judges and state judges as defined |
|
by Section 13.0021, Election Code. |
|
SECTION 9.009. Section 772.0061(a)(2), Government Code, as |
|
amended by Chapters 747 (S.B. 462) and 1167 (S.B. 484), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to conform to changes made by Chapter 747 (S.B. 462), Acts of the |
|
83rd Legislature, Regular Session, 2013, and Section 21.001 of this |
|
Act to read as follows: |
|
(2) "Specialty court" means: |
|
(A) a prostitution prevention program |
|
established under Chapter 126 or former law [Chapter 169A, Health
|
|
and Safety Code]; |
|
(B) a family drug court program established under |
|
Chapter 122 or former law; |
|
(C) [(B)] a drug court program established under |
|
Chapter 123 or former law; |
|
(D) [(C)] a veterans court program established |
|
under Chapter 124 or former law; and |
|
(E) [(D)] a mental health court program |
|
established under Chapter 125 or former law. |
|
SECTION 9.010. Section 2262.101, Government Code, as |
|
amended by Chapters 676 (H.B. 1965) and 1227 (S.B. 1681), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
Sec. 2262.101. CREATION; DUTIES. (a) The Contract |
|
Advisory Team is created to assist state agencies in improving |
|
contract management practices by: |
|
(1) reviewing and making recommendations on the |
|
solicitation documents and contract documents for contracts of |
|
state agencies that have a value of at least $10 million; |
|
(2) reviewing any findings or recommendations made by |
|
the state auditor, including those made under Section 2262.052(b), |
|
regarding a state agency's compliance with the contract management |
|
guide; |
|
(3) providing recommendations to the comptroller |
|
regarding: |
|
(A) the development of the contract management |
|
guide; and |
|
(B) the training under Section 2262.053; |
|
(4) providing recommendations and assistance to state |
|
agency personnel throughout the contract management process; |
|
(5) coordinating and consulting with the quality |
|
assurance team established under Section 2054.158 on all contracts |
|
relating to a major information resources project; [and] |
|
(6) [(4)] developing and recommending policies and |
|
procedures to improve state agency contract management practices; |
|
(7) [(5)] developing and recommending procedures to |
|
improve state agency contracting practices by including |
|
consideration for best value; and |
|
(8) [(6)] creating and periodically performing a risk |
|
assessment to determine the appropriate level of management and |
|
oversight of contracts by state agencies. |
|
(b) The risk assessment created and performed [reviewed] |
|
under Subsection (a)(8) [(a)(6)] must include[, but is not limited
|
|
to] the following criteria: |
|
(1) the amount of appropriations to the agency; |
|
(2) total contract value as a percentage of |
|
appropriations to the agency; or |
|
(3) the impact of the functions and duties of the state |
|
agency on the health, safety, and well-being of residents |
|
[citizens]. |
|
(c) The comptroller shall oversee the activities of the |
|
team, including ensuring that the team carries out its duties under |
|
Subsections [Subsection] (a)(5) and (a)(7). |
|
(d) A state agency shall: |
|
(1) comply with a recommendation made under Subsection |
|
(a)(1); or |
|
(2) submit a written explanation regarding why the |
|
recommendation is not applicable to the contract under review. |
|
(e) The team may review documents under Subsection (a)(1) |
|
only for compliance with contract management and best practices |
|
principles and may not make a recommendation regarding the purpose |
|
or subject of the contract. |
|
(f) The team may develop an expedited process for reviewing |
|
solicitations under Subsection (a)(1) for contracts: |
|
(1) that the team identifies as posing a low risk of |
|
loss to the state; or |
|
(2) for which templates will be used more than once by |
|
a state agency. |
|
SECTION 9.011. Sections 2306.5621(a)(10), (11), (12), |
|
(13), (14), and (15), Government Code, as added by Chapter 405 (S.B. |
|
286), Acts of the 83rd Legislature, Regular Session, 2013, are |
|
repealed as duplicative of Sections 2306.5621(a)(11), (12), (13), |
|
(14), (15), and (16), Government Code, as added by Chapter 1219 |
|
(S.B. 1553), Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 9.012. Section 2306.6719(e), Government Code, as |
|
added by Chapter 556 (S.B. 659), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed as duplicative of Section |
|
2306.6719(e), Government Code, as added by Chapter 1079 (H.B. |
|
3361), Acts of the 83rd Legislature, Regular Session, 2013. |
|
PART B. UPDATE OF COURT FEES AND COSTS |
|
SECTION 9.101. Section 51.709, Government Code, as added by |
|
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 51.710, Government Code. |
|
SECTION 9.102. (a) Section 101.021, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.021. SUPREME COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of the supreme court shall collect fees and costs |
|
as follows: |
|
(1) application for petition for review (Sec. 51.005, |
|
Government Code) . . . $50; |
|
(2) additional fee if application for petition for |
|
review is granted (Sec. 51.005, Government Code) . . . $75; |
|
(3) motion for leave to file petition for writ of |
|
mandamus, prohibition, injunction, and other similar proceedings |
|
originating in the supreme court (Sec. 51.005, Government Code) |
|
. . . $50; |
|
(4) additional fee if a motion under Subdivision (3) |
|
is granted (Sec. 51.005, Government Code) . . . $75; |
|
(5) certified question from a federal court of appeals |
|
to the supreme court (Sec. 51.005, Government Code) . . . $75; |
|
(6) case appealed to the supreme court from the |
|
district court by direct appeal (Sec. 51.005, Government Code) |
|
. . . $100; |
|
(7) any other proceeding filed in the supreme court |
|
(Sec. 51.005, Government Code) . . . $75; |
|
(8) administering an oath and giving a sealed |
|
certificate of the oath (Sec. 51.005, Government Code) . . . $5; |
|
(9) making certain copies, including certificate and |
|
seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if |
|
more than 10 pages; |
|
(10) any official service performed by the clerk for |
|
which a fee is not otherwise provided (Sec. 51.005, Government |
|
Code) . . . reasonable amount set by order or rule of supreme court; |
|
(10-a) supreme court support account filing fee (Sec. |
|
51.0051, Government Code) . . . amount set by the supreme court, |
|
not to exceed $50; |
|
(11) issuance of attorney's license or certificate |
|
(Sec. 51.006, Government Code) . . . $10; [and] |
|
(12) additional filing fee to fund civil legal |
|
services for the indigent (Sec. 51.941, Government Code) . . . $25; |
|
and |
|
(13) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(b) Section 101.0211, Government Code, is repealed. |
|
SECTION 9.103. (a) Section 101.041, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.041. COURT OF APPEALS FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a court of appeals shall collect fees and costs |
|
as follows: |
|
(1) for cases appealed to and filed in the court of |
|
appeals from the district and county courts within its court of |
|
appeals district (Sec. 51.207, Government Code) . . . $100; |
|
(2) motion for leave to file petition for writ of |
|
mandamus, prohibition, injunction, and other similar proceedings |
|
originating in the court of appeals (Sec. 51.207, Government Code) |
|
. . . $50; |
|
(3) additional fee if the motion under Subdivision (2) |
|
is granted (Sec. 51.207, Government Code) . . . $75; |
|
(4) motion to file or to extend time to file record on |
|
appeal from district or county court (Sec. 51.207, Government Code) |
|
. . . $10; |
|
(5) administering an oath and giving a sealed |
|
certificate of oath (Sec. 51.207, Government Code) . . . $5; |
|
(6) certified copy of papers of record in court |
|
offices, including certificate and seal (Sec. 51.207, Government |
|
Code) . . . $5, or $1 per page if more than five pages; |
|
(7) comparing any document with the original filed in |
|
the offices of the court for purposes of certification (Sec. |
|
51.207, Government Code) . . . $5, or $1 per page if more than five |
|
pages; |
|
(8) any official service performed by the clerk for |
|
which a fee is not otherwise provided (Sec. 51.207, Government |
|
Code) . . . a reasonable fee set by the order or rule of the supreme |
|
court; |
|
(8-a) supreme court support account filing fee (Sec. |
|
51.208, Government Code) . . . amount set by the supreme court, not |
|
to exceed $50; [and] |
|
(9) additional filing fee to fund civil legal services |
|
for the indigent (Sec. 51.941, Government Code) . . . $25; and |
|
(10) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(b) Section 101.0411, Government Code, is repealed. |
|
SECTION 9.104. (a) Section 101.0611, Government Code, as |
|
amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is amended to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; [and] |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; and |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(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 $10; |
|
(8) for issuing a subpoena, including one copy (Sec. |
|
51.318, Government Code) . . . $8; |
|
(9) for issuing a citation, commission for deposition, |
|
writ of execution, order of sale, writ of execution and order of |
|
sale, writ of injunction, writ of garnishment, writ of attachment, |
|
or writ of sequestration not provided for in Section 51.317, or any |
|
other writ or process not otherwise provided for, including one |
|
copy if required by law (Sec. 51.318, Government Code) . . . $8; |
|
(10) for searching files or records to locate a cause |
|
when the docket number is not provided (Sec. 51.318, Government |
|
Code) . . . $5; |
|
(11) for searching files or records to ascertain the |
|
existence of an instrument or record in the district clerk's office |
|
(Sec. 51.318, Government Code) . . . $5; |
|
(12) for abstracting a judgment (Sec. 51.318, |
|
Government Code) . . . $8; |
|
(13) for approving a bond (Sec. 51.318, Government |
|
Code) . . . $4; |
|
(14) for a certified copy of a record, judgment, |
|
order, pleading, or paper on file or of record in the district |
|
clerk's office, including certificate and seal, for each page or |
|
part of a page (Sec. 51.318, Government Code) . . . 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, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(20) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(b) Section 101.0611, Government Code, as amended by |
|
Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd |
|
Legislature, Regular Session, 2013, effective September 1, 2019, is |
|
amended to read as follows: |
|
Sec. 101.0611. DISTRICT COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a district court shall collect fees and costs |
|
under the Government Code as follows: |
|
(1) appellate judicial system filing fees for: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) when administering a case for the Rockwall County |
|
Court at Law (Sec. 25.2012, Government Code) . . . civil fees and |
|
court costs as if the case had been filed in district court; |
|
(3) additional filing fees: |
|
(A) for each suit filed for insurance contingency |
|
fund, if authorized by the county commissioners court (Sec. 51.302, |
|
Government Code) . . . not to exceed $5; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; |
|
(C) to fund the improvement of Hays County court |
|
facilities, if authorized by the county commissioners court (Sec. |
|
51.707, Government Code) . . . not more than $15; [and] |
|
(D) to fund the preservation of court records |
|
(Sec. 51.708, Government Code) . . . not more than $10; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; and |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(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, a court cost to |
|
preserve the record, in the absence of a court reporter, by any |
|
means approved by the associate judge (Sec. 54A.110, Government |
|
Code) . . . as assessed by the referring court or associate judge; |
|
and |
|
(20) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(c) Sections 101.06118, 101.061191, and 101.06120, |
|
Government Code, are repealed. |
|
SECTION 9.105. Section 101.0616, Government Code, is |
|
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st |
|
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080), |
|
Acts of the 83rd Legislature, Regular Session, 2013, and is further |
|
amended to read as follows: |
|
Sec. 101.0616. DISTRICT COURT FEES AND COSTS: ESTATES |
|
[TEXAS PROBATE] CODE. The clerk of a district court shall collect |
|
fees and costs under the Estates [Texas Probate] Code as follows: |
|
(1) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
|
|
Code)] . . . probable cost of the proceeding; |
|
(2) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(3) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
|
guardianship proceeding; [and] |
|
(4) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(5) [(3)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
|
|
694L, Texas Probate Code)] . . . reasonable compensation. |
|
SECTION 9.106. (a) Section 101.0811, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.0811. STATUTORY COUNTY COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) an official court reporter fee, County Court at |
|
Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; |
|
(3) in Brazoria County, in matters of concurrent |
|
jurisdiction with the district court, fees (Sec. 25.0222, |
|
Government Code) . . . as prescribed by law for district judges |
|
according to the nature of the matter; |
|
(4) a court reporter fee when testimony is taken in a |
|
county court at law in McLennan County (Sec. 25.1572, Government |
|
Code) . . . $3; |
|
(5) a stenographer fee, if a record or part of a record |
|
is made: |
|
(A) in a county court at law in Hidalgo County |
|
(Sec. 25.1102, Government Code) . . . $20; and |
|
(B) in the 1st Multicounty Court at Law (Sec. |
|
25.2702, Government Code) . . . $25 [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; |
|
(E) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; and |
|
(F) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(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; |
|
(10) [(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] |
|
(11) [(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; |
|
and |
|
(12) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(b) The following are repealed: |
|
(1) Section 101.08117, Government Code, as added by |
|
Chapter 1059 (H.B. 3153), Acts of the 83rd Legislature, Regular |
|
Session, 2013; |
|
(2) Section 101.08117, Government Code, as added by |
|
Chapter 1290 (H.B. 2302), Acts of the 83rd Legislature, Regular |
|
Session, 2013; |
|
(3) Section 101.08119, Government Code, as added by |
|
Chapter 1238 (S.B. 1827), Acts of the 83rd Legislature, Regular |
|
Session, 2013; and |
|
(4) Section 101.08119, Government Code, as added by |
|
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular |
|
Session, 2013. |
|
SECTION 9.107. (a) Section 101.0814, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.0814. STATUTORY COUNTY COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory county court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; [and] |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; |
|
(6) on the filing of a civil suit, an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42; |
|
(7) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(8) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(9) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; and |
|
(10) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
(b) Section 101.08145, Government Code, is repealed. |
|
SECTION 9.108. Section 101.0815, Government Code, is |
|
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st |
|
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080), |
|
Acts of the 83rd Legislature, Regular Session, 2013, and is further |
|
amended to read as follows: |
|
Sec. 101.0815. STATUTORY COUNTY COURT FEES AND COSTS: |
|
ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory county court |
|
shall collect fees and costs under the Estates [Texas Probate] Code |
|
as follows: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
|
|
Texas Probate Code)] . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
|
|
Code)] . . . probable cost of the proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
|
guardianship proceeding; [and] |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(6) [(4)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
|
|
694L, Texas Probate Code)] . . . reasonable compensation. |
|
SECTION 9.109. (a) Section 101.1011, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1011. STATUTORY PROBATE COURT FEES AND COSTS: |
|
GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Government Code as follows: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) additional filing fees as follows: |
|
(A) for certain cases to be used for |
|
court-related purposes for support of the judiciary (Sec. 51.704, |
|
Government Code) . . . $40; |
|
(B) to fund the improvement of Dallas County |
|
civil court facilities, if authorized by the county commissioners |
|
court (Sec. 51.705, Government Code) . . . not more than $15; |
|
(B-1) to fund the improvement of Bexar County |
|
court facilities, if authorized by the county commissioners court |
|
(Sec. 51.706, Government Code) . . . not more than $15; [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; |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; and |
|
(E) to fund the construction, renovation, or |
|
improvement of Travis County court facilities, if authorized by the |
|
county commissioners court (Sec. 51.710, Government Code) . . . not |
|
more than $15; |
|
(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, 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; and |
|
(6) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $20. |
|
(b) The following are repealed: |
|
(1) Section 101.10116, Government Code; |
|
(2) Section 101.10118, Government Code, as added by |
|
Chapter 1238 (S.B. 1827), Acts of the 83rd Legislature, Regular |
|
Session, 2013; and |
|
(3) Section 101.10118, Government Code, as added by |
|
Chapter 1246 (S.B. 1891), Acts of the 83rd Legislature, Regular |
|
Session, 2013. |
|
SECTION 9.110. (a) Section 101.1013, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1013. STATUTORY PROBATE COURT FEES AND COSTS: |
|
LOCAL GOVERNMENT CODE. The clerk of a statutory probate court shall |
|
collect fees and costs under the Local Government Code as follows: |
|
(1) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; |
|
(2) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code). . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; [and] |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and |
|
(5) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35. |
|
(b) Section 101.103, Government Code, is repealed. |
|
SECTION 9.111. Section 101.1014, Government Code, is |
|
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st |
|
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080), |
|
Acts of the 83rd Legislature, Regular Session, 2013, and is further |
|
amended to read as follows: |
|
Sec. 101.1014. STATUTORY PROBATE COURT FEES AND COSTS: |
|
ESTATES [TEXAS PROBATE] CODE. The clerk of a statutory probate |
|
court shall collect fees and costs under the Estates [Texas
|
|
Probate] Code as follows: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
|
|
Texas Probate Code)] . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
|
|
Code)] . . . probable cost of the proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
|
guardianship proceeding; [and] |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(6) [(4)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
|
|
694L, Texas Probate Code)] . . . reasonable compensation. |
|
SECTION 9.112. (a) Section 101.1212, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1212. COUNTY COURT FEES AND COSTS: GOVERNMENT |
|
CODE. The clerk of a county court shall collect the following fees |
|
and costs under the Government Code: |
|
(1) appellate judicial system filing fees: |
|
(A) First or Fourteenth Court of Appeals District |
|
(Sec. 22.2021, Government Code) . . . not more than $5; |
|
(B) Second Court of Appeals District (Sec. |
|
22.2031, Government Code) . . . $5; |
|
(C) Third Court of Appeals District (Sec. |
|
22.2041, Government Code) . . . $5; |
|
(D) Fourth Court of Appeals District (Sec. |
|
22.2051, Government Code) . . . not more than $5; |
|
(E) Fifth Court of Appeals District (Sec. |
|
22.2061, Government Code) . . . not more than $5; |
|
(E-1) Sixth Court of Appeals District (Sec. |
|
22.2071, Government Code) . . . $5; |
|
(E-2) Seventh Court of Appeals District (Sec. |
|
22.2081, Government Code) . . . $5; |
|
(E-3) Eighth Court of Appeals District (Sec. |
|
22.2091, Government Code) . . . $5; |
|
(F) Ninth Court of Appeals District (Sec. |
|
22.2101, Government Code) . . . $5; |
|
(G) Eleventh Court of Appeals District (Sec. |
|
22.2121, Government Code) . . . $5; |
|
(G-1) Twelfth Court of Appeals District (Sec. |
|
22.2131, Government Code) . . . $5; and |
|
(H) Thirteenth Court of Appeals District (Sec. |
|
22.2141, Government Code) . . . not more than $5; |
|
(2) a jury fee (Sec. 51.604, Government Code) . . . |
|
$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; and |
|
(5) a statewide electronic filing system fund fee |
|
(Sec. 51.851, Government Code) . . . $20. |
|
(b) Section 101.12126, Government Code, is repealed. |
|
SECTION 9.113. (a) Section 101.1214, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.1214. COUNTY COURT FEES AND COSTS: LOCAL |
|
GOVERNMENT CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Local Government Code: |
|
(1) additional filing fee to fund contingency fund for |
|
liability insurance, if authorized by the county commissioners |
|
court (Sec. 82.003, Local Government Code) . . . not to exceed $5; |
|
(2) civil court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) filing of original action (Secs. 118.052 and |
|
118.053, Local Government Code): |
|
(i) garnishment after judgment (Sec. |
|
118.052, Local Government Code) . . . $15; and |
|
(ii) all others (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(B) filing of action other than original (Secs. |
|
118.052 and 118.054, Local Government Code) . . . $30; and |
|
(C) services rendered after judgment in original |
|
action (Secs. 118.052 and 118.0545, Local Government Code): |
|
(i) abstract of judgment (Sec. 118.052, |
|
Local Government Code) . . . $5; and |
|
(ii) execution, order of sale, writ, or |
|
other process (Sec. 118.052, Local Government Code) . . . $5; |
|
(3) probate court actions (Sec. 118.052, Local |
|
Government Code): |
|
(A) probate original action (Secs. 118.052 and |
|
118.055, Local Government Code): |
|
(i) probate of a will with independent |
|
executor, administration with will attached, administration of an |
|
estate, guardianship or receivership of an estate, or muniment of |
|
title (Sec. 118.052, Local Government Code) . . . $40; |
|
(ii) community survivors (Sec. 118.052, |
|
Local Government Code) . . . $40; |
|
(iii) small estates (Sec. 118.052, Local |
|
Government Code) . . . $40; |
|
(iv) declarations of heirship (Sec. |
|
118.052, Local Government Code) . . . $40; |
|
(v) mental health or chemical dependency |
|
services (Sec. 118.052, Local Government Code) . . . $40; and |
|
(vi) additional, special fee (Secs. 118.052 |
|
and 118.064, Local Government Code) . . . $5; |
|
(B) services in pending probate action (Secs. |
|
118.052 and 118.056, Local Government Code): |
|
(i) filing an inventory and appraisement |
|
(Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; |
|
(ii) approving and recording bond (Sec. |
|
118.052, Local Government Code) . . . $3; |
|
(iii) administering oath (Sec. 118.052, |
|
Local Government Code) . . . $2; |
|
(iv) filing annual or final account of |
|
estate (Sec. 118.052, Local Government Code) . . . $25; |
|
(v) filing application for sale of real or |
|
personal property (Sec. 118.052, Local Government Code) . . . $25; |
|
(vi) filing annual or final report of |
|
guardian of a person (Sec. 118.052, Local Government Code) . . . |
|
$10; and |
|
(vii) filing a document not listed under |
|
this paragraph after the filing of an order approving the inventory |
|
and appraisement or after the 120th day after the date of the |
|
initial filing of the action, whichever occurs first (Secs. 118.052 |
|
and 191.007, Local Government Code), if more than 25 pages . . . |
|
$25; |
|
(C) adverse probate action (Secs. 118.052 and |
|
118.057, Local Government Code) . . . $40; |
|
(D) claim against estate (Secs. 118.052 and |
|
118.058, Local Government Code) . . . $2; [and] |
|
(E) supplemental court-initiated guardianship |
|
fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; |
|
and |
|
(F) supplemental public probate administrator |
|
fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; |
|
(4) other fees (Sec. 118.052, Local Government Code): |
|
(A) issuing document (Secs. 118.052 and 118.059, |
|
Local Government Code): |
|
(i) original document and one copy (Sec. |
|
118.052, Local Government Code) . . . $4; and |
|
(ii) each additional set of an original and |
|
one copy (Sec. 118.052, Local Government Code) . . . $4; |
|
(B) certified papers (Secs. 118.052 and 118.060, |
|
Local Government Code): |
|
(i) for the clerk's certificate (Sec. |
|
118.052, Local Government Code) . . . $5; and |
|
(ii) a fee per page or part of a page (Sec. |
|
118.052, Local Government Code) . . . $1; |
|
(C) noncertified papers, for each page or part of |
|
a page (Secs. 118.052 and 118.0605, Local Government Code) . . . |
|
$1; |
|
(D) letters testamentary, letter of |
|
guardianship, letter of administration, or abstract of judgment |
|
(Secs. 118.052 and 118.061, Local Government Code) . . . $2; |
|
(E) safekeeping of wills (Secs. 118.052 and |
|
118.062, Local Government Code) . . . $5; |
|
(F) mail service of process (Secs. 118.052 and |
|
118.063, Local Government Code) . . . same as sheriff; and |
|
(G) records management and preservation fee |
|
(Secs. 118.052, 118.0546, and 118.0645, Local Government Code) |
|
. . . $5; |
|
(5) deposit on filing petition requesting permission |
|
to create a municipal civic center authority (Sec. 281.013, Local |
|
Government Code) . . . $200; |
|
(6) additional filing fee to fund the courthouse |
|
security fund, if authorized by the county commissioners court |
|
(Sec. 291.008, Local Government Code) . . . not to exceed $5; |
|
(7) additional filing fee for filing documents not |
|
subject to certain filing fees to fund the courthouse security |
|
fund, if authorized by the county commissioners court (Sec. |
|
291.008, Local Government Code) . . . $1; |
|
(8) additional filing fee to fund the courthouse |
|
security fund in Webb County, if authorized by the county |
|
commissioners court (Sec. 291.009, Local Government Code) . . . not |
|
to exceed $20; |
|
(9) court cost in civil cases other than suits for |
|
delinquent taxes to fund the county law library fund, if authorized |
|
by the county commissioners court (Sec. 323.023, Local Government |
|
Code) . . . not to exceed $35; |
|
(10) additional filing fee for filing any civil action |
|
or proceeding requiring a filing fee, including an appeal, and on |
|
the filing of any counterclaim, cross-action, intervention, |
|
interpleader, or third-party action requiring a filing fee, to fund |
|
civil legal services for the indigent (Sec. 133.153, Local |
|
Government Code) . . . $10; and |
|
(11) on the filing of a civil suit an additional filing |
|
fee to be used for court-related purposes for the support of the |
|
judiciary (Sec. 133.154, Local Government Code) . . . $42. |
|
(b) Section 101.12145, Government Code, is repealed. |
|
SECTION 9.114. Section 101.1215, Government Code, is |
|
amended to conform to Chapter 680 (H.B. 2502), Acts of the 81st |
|
Legislature, Regular Session, 2009, and Chapter 982 (H.B. 2080), |
|
Acts of the 83rd Legislature, Regular Session, 2013, and is further |
|
amended to read as follows: |
|
Sec. 101.1215. COUNTY COURT FEES AND COSTS: ESTATES [TEXAS
|
|
PROBATE] CODE. The clerk of a county court shall collect the |
|
following fees and costs under the Estates [Texas Probate] Code: |
|
(1) fee for deposit of a will with the county clerk |
|
during testator's lifetime (Sec. 252.001, Estates Code) [(Sec. 71,
|
|
Texas Probate Code)] . . . $5; |
|
(2) security deposit on filing, by any person other |
|
than the personal representative of an estate, an application, |
|
complaint, or opposition in relation to the estate, if required by |
|
the clerk (Sec. 53.052, Estates Code) [(Sec. 12, Texas Probate
|
|
Code)] . . . probable cost of the proceeding; |
|
(3) fee on filing an application, complaint, petition, |
|
or other paper in a guardianship proceeding, which includes a |
|
deposit for payment to an attorney ad litem (Sec. 1052.051, Estates |
|
Code) . . . cost of filing and payment of attorney ad litem; |
|
(4) security deposit on filing, by any person other |
|
than the guardian, attorney ad litem, or guardian ad litem, an |
|
application, complaint, or opposition in relation to a guardianship |
|
matter, if required by the clerk (Sec. 1053.052, Estates Code) |
|
[(Sec. 622, Texas Probate Code)] . . . probable cost of the |
|
guardianship proceeding; [and] |
|
(5) nonrefundable fee to cover the cost of |
|
administering Subchapter G, Chapter 1104, Estates Code (Sec. |
|
1104.303, Estates Code) . . . $40; and |
|
(6) [(4)] costs for attorney ad litem appointed to |
|
pursue the restoration of a ward's capacity or modification of the |
|
ward's guardianship (Sec. 1202.102, Estates Code) [(Secs. 694C and
|
|
694L, Texas Probate Code)] . . . reasonable compensation. |
|
SECTION 9.115. (a) Section 101.141, Government Code, is |
|
amended to read as follows: |
|
Sec. 101.141. JUSTICE COURT AND SMALL CLAIMS COURT FEES AND |
|
COSTS COLLECTED BY CLERK. (a) A clerk of a justice court shall |
|
collect fees and costs under the Civil Practice and Remedies Code as |
|
follows: |
|
(1) additional court cost in certain civil cases to |
|
establish and maintain an alternative dispute resolution system, if |
|
authorized by the commissioners court (Sec. 152.005, Civil Practice |
|
and Remedies Code) . . . not to exceed $5; |
|
(2) court fees and costs, if ordered by the court, for |
|
a suit filed by an inmate in which an affidavit or unsworn |
|
declaration of inability to pay costs is filed by the inmate (Sec. |
|
14.006, Civil Practice and Remedies Code) . . . the lesser of: |
|
(A) 20 percent of the preceding six months' |
|
deposits to the inmate's trust account administered by the Texas |
|
Department of Criminal Justice under Section 501.014, Government |
|
Code; or |
|
(B) the total amount of court fees and costs; |
|
(3) monthly payment for remaining court fees and costs |
|
after the initial payment for a suit in which an affidavit or |
|
unsworn declaration of inability to pay costs is filed by the inmate |
|
(Sec. 14.006, Civil Practice and Remedies Code) . . . the lesser |
|
of: |
|
(A) 10 percent of that month's deposit to the |
|
inmate's trust account administered by the Texas Department of |
|
Criminal Justice under Section 501.014, Government Code; or |
|
(B) the total amount of court fees and costs that |
|
remain unpaid; and |
|
(4) the following costs not otherwise charged to the |
|
inmate under Section 14.006, Civil Practice and Remedies Code, if |
|
the inmate has previously filed an action dismissed as malicious or |
|
frivolous (Sec. 14.007, Civil Practice and Remedies Code): |
|
(A) expenses of service of process; |
|
(B) postage; and |
|
(C) transportation, housing, or medical care |
|
incurred in connection with the appearance of the inmate in the |
|
court for any proceeding. |
|
(b) A clerk of a justice court shall collect fees and costs |
|
under other laws as follows: |
|
(1) the cost of a special program that a court may |
|
order a child to attend after a finding that the child committed an |
|
offense, if ordered by the court (Art. 45.057, Code of Criminal |
|
Procedure) . . . costs of the program not to exceed $100; |
|
(2) additional filing fees: |
|
(A) to fund Dallas County civil court facilities |
|
(Sec. 51.705, Government Code) . . . not more than $15; |
|
(B) for filing any civil action or proceeding |
|
requiring a filing fee, including an appeal, and on the filing of |
|
any counterclaim, cross-action, intervention, interpleader, or |
|
third-party action requiring a filing fee, to fund civil legal |
|
services for the indigent (Sec. 133.153, Local Government Code) |
|
. . . $6; [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; and |
|
(D) to fund the construction, renovation, or |
|
improvement of Rockwall County court facilities, if authorized by |
|
the county commissioners court (Sec. 51.709, Government Code) . . . |
|
not more than $15; |
|
(3) for filing a suit in Comal County (Sec. 152.0522, |
|
Human Resources Code) . . . $1.50; [and] |
|
(4) fee for hearing on probable cause for removal of a |
|
vehicle and placement in a storage facility if assessed by the court |
|
(Sec. 2308.457, Occupations Code) . . . $20; and |
|
(5) statewide electronic filing system fund fee (Sec. |
|
51.851, Government Code) . . . $10. |
|
(b) Sections 101.1411 and 101.142, Government Code, are |
|
repealed. |
|
SECTION 9.116. (a) Section 102.0615, Government Code, is |
|
amended to read as follows: |
|
Sec. 102.0615. ADDITIONAL COURT COSTS ON CONVICTION IN |
|
STATUTORY COUNTY COURT: GOVERNMENT CODE. The clerk of a statutory |
|
county court shall collect fees and costs under the Government Code |
|
as follows: |
|
(1) [from a defendant] a court cost on conviction |
|
(Sec. 51.851, Government Code) . . . $5; and |
|
(2) a stenographer fee, if a record or part of a record |
|
is made in the 1st Multicounty Court at Law (Sec. 25.2702, |
|
Government Code) . . . $25 [of $5 under Section 51.851, Government
|
|
Code]. |
|
(b) Section 102.0619, Government Code, is repealed. |
|
SECTION 9.117. (a) Section 103.021, Government Code, is |
|
amended to read as follows: |
|
Sec. 103.021. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: CODE OF CRIMINAL PROCEDURE. An accused or defendant, |
|
or a party to a civil suit, as applicable, shall pay the following |
|
fees and costs under the Code of Criminal Procedure if ordered by |
|
the court or otherwise required: |
|
(1) a personal bond fee (Art. 17.42, Code of Criminal |
|
Procedure) . . . the greater of $20 or three percent of the amount |
|
of the bail fixed for the accused; |
|
(2) cost of electronic monitoring as a condition of |
|
release on personal bond (Art. 17.43, Code of Criminal Procedure) |
|
. . . actual cost; |
|
(3) a fee for verification of and monitoring of motor |
|
vehicle ignition interlock (Art. 17.441, Code of Criminal |
|
Procedure) . . . not to exceed $10; |
|
(3-a) costs associated with operating a global |
|
positioning monitoring system as a condition of release on bond |
|
(Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, |
|
subject to a determination of indigency; |
|
(3-b) costs associated with providing a defendant's |
|
victim with an electronic receptor device as a condition of the |
|
defendant's release on bond (Art. 17.49(b)(3), Code of Criminal |
|
Procedure) . . . actual costs, subject to a determination of |
|
indigency; |
|
(4) repayment of reward paid by a crime stoppers |
|
organization on conviction of a felony (Art. 37.073, Code of |
|
Criminal Procedure) . . . amount ordered; |
|
(5) reimbursement to general revenue fund for payments |
|
made to victim of an offense as condition of community supervision |
|
(Art. 42.12, Code of Criminal Procedure) . . . not to exceed $50 for |
|
a misdemeanor offense or $100 for a felony offense; |
|
(6) payment to a crime stoppers organization as |
|
condition of community supervision (Art. 42.12, Code of Criminal |
|
Procedure) . . . not to exceed $50; |
|
(7) children's advocacy center fee (Art. 42.12, Code |
|
of Criminal Procedure) . . . not to exceed $50; |
|
(8) family violence center fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . $100; |
|
(9) community supervision fee (Art. 42.12, Code of |
|
Criminal Procedure) . . . not less than $25 or more than $60 per |
|
month; |
|
(10) additional community supervision fee for certain |
|
offenses (Art. 42.12, Code of Criminal Procedure) . . . $5 per |
|
month; |
|
(11) for certain financially able sex offenders as a |
|
condition of community supervision, the costs of treatment, |
|
specialized supervision, or rehabilitation (Art. 42.12, Code of |
|
Criminal Procedure) . . . all or part of the reasonable and |
|
necessary costs of the treatment, supervision, or rehabilitation as |
|
determined by the judge; |
|
(12) fee for failure to appear for trial in a justice |
|
or municipal court if a jury trial is not waived (Art. 45.026, Code |
|
of Criminal Procedure) . . . costs incurred for impaneling the |
|
jury; |
|
(13) costs of certain testing, assessments, or |
|
programs during a deferral period (Art. 45.051, Code of Criminal |
|
Procedure) . . . amount ordered; |
|
(14) special expense on dismissal of certain |
|
misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) |
|
. . . not to exceed amount of fine assessed; |
|
(15) an additional fee: |
|
(A) for a copy of the defendant's driving record |
|
to be requested from the Department of Public Safety by the judge |
|
(Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal |
|
to the sum of the fee established by Section 521.048, |
|
Transportation Code, and the state electronic Internet portal fee; |
|
(B) as an administrative fee for requesting a |
|
driving safety course or a course under the motorcycle operator |
|
training and safety program for certain traffic offenses to cover |
|
the cost of administering the article (Art. 45.0511(f)(1), Code of |
|
Criminal Procedure) . . . not to exceed $10; or |
|
(C) for requesting a driving safety course or a |
|
course under the motorcycle operator training and safety program |
|
before the final disposition of the case (Art. 45.0511(f)(2), Code |
|
of Criminal Procedure) . . . not to exceed the maximum amount of the |
|
fine for the offense committed by the defendant; |
|
(16) a request fee for teen court program (Art. |
|
45.052, Code of Criminal Procedure) . . . $20, if the court |
|
ordering the fee is located in the Texas-Louisiana border region, |
|
but otherwise not to exceed $10; |
|
(17) a fee to cover costs of required duties of teen |
|
court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the |
|
court ordering the fee is located in the Texas-Louisiana border |
|
region, but otherwise $10; |
|
(18) a mileage fee for officer performing certain |
|
services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per |
|
mile; |
|
(19) certified mailing of notice of hearing date (Art. |
|
102.006, Code of Criminal Procedure) . . . $1, plus postage; |
|
(20) certified mailing of certified copies of an order |
|
of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, |
|
plus postage; |
|
(20-a) a fee to defray the cost of notifying state |
|
agencies of orders of expungement (Art. 45.0216, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(20-b) a fee to defray the cost of notifying state |
|
agencies of orders of expunction (Art. 45.055, Code of Criminal |
|
Procedure) . . . $30 per application; |
|
(21) sight orders: |
|
(A) if the face amount of the check or sight order |
|
does not exceed $10 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $10; |
|
(B) if the face amount of the check or sight order |
|
is greater than $10 but does not exceed $100 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $15; |
|
(C) if the face amount of the check or sight order |
|
is greater than $100 but does not exceed $300 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $30; |
|
(D) if the face amount of the check or sight order |
|
is greater than $300 but does not exceed $500 (Art. 102.007, Code of |
|
Criminal Procedure) . . . not to exceed $50; and |
|
(E) if the face amount of the check or sight order |
|
is greater than $500 (Art. 102.007, Code of Criminal Procedure) |
|
. . . not to exceed $75; |
|
(22) fees for a pretrial intervention program: |
|
(A) a supervision fee (Art. 102.012(a), Code of |
|
Criminal Procedure) . . . $60 a month plus expenses; and |
|
(B) a district attorney, criminal district |
|
attorney, or county attorney administrative fee (Art. 102.0121, |
|
Code of Criminal Procedure) . . . not to exceed $500; |
|
(23) parking fee violations for child safety fund in |
|
municipalities with populations: |
|
(A) greater than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not less than $2 and not to exceed $5; and |
|
(B) less than 850,000 (Art. 102.014, Code of |
|
Criminal Procedure) . . . not to exceed $5; |
|
(24) an administrative fee for collection of fines, |
|
fees, restitution, or other costs (Art. 102.072, Code of Criminal |
|
Procedure) . . . not to exceed $2 for each transaction; [and] |
|
(25) a collection fee, if authorized by the |
|
commissioners court of a county or the governing body of a |
|
municipality, for certain debts and accounts receivable, including |
|
unpaid fines, fees, court costs, forfeited bonds, and restitution |
|
ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 |
|
percent of an amount more than 60 days past due; and |
|
(26) a cost on conviction for the truancy prevention |
|
and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . |
|
$2. |
|
(b) Section 103.034, Government Code, is repealed. |
|
SECTION 9.118. (a) Section 103.0213, Government Code, is |
|
amended to read as follows: |
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Transportation Code if ordered by the court or |
|
otherwise required: |
|
(1) administrative fee on dismissal of charge of |
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
Transportation Code) . . . not to exceed $20; |
|
(2) administrative fee on dismissal of charge of |
|
driving with an expired driver's license (Sec. 521.026, |
|
Transportation Code) . . . not to exceed $20; |
|
(2-a) administrative fee on remediation of charge of |
|
operation of a vehicle without a registration insignia (Sec. |
|
502.473, Transportation Code) . . . not to exceed $10; |
|
(3) administrative fee on remediation of charge of |
|
driving with an expired inspection certificate (Sec. 548.605, |
|
Transportation Code) . . . not to exceed $20; |
|
(4) administrative fee for failure to appear for a |
|
complaint or citation on certain offenses (Sec. 706.006, |
|
Transportation Code) . . . $30 for each violation; and |
|
(5) administrative fee for failure to pay or satisfy |
|
certain judgments (Sec. 706.006, Transportation Code) . . . $30. |
|
(b) Section 103.0213, Government Code, as amended by |
|
Chapter 1291 (H.B. 2305), Acts of the 83rd Legislature, Regular |
|
Session, 2013, effective March 1, 2015, is amended to read as |
|
follows: |
|
Sec. 103.0213. ADDITIONAL FEES AND COSTS IN CRIMINAL OR |
|
CIVIL CASES: TRANSPORTATION CODE. An accused or defendant, or a |
|
party to a civil suit, as applicable, shall pay the following fees |
|
and costs under the Transportation Code if ordered by the court or |
|
otherwise required: |
|
(1) administrative fee on dismissal of charge of |
|
driving with an expired motor vehicle registration (Sec. 502.407, |
|
Transportation Code) . . . not to exceed $20; |
|
(2) administrative fee on dismissal of charge of |
|
driving with an expired driver's license (Sec. 521.026, |
|
Transportation Code) . . . not to exceed $20; |
|
(2-a) administrative fee on remediation of charge of |
|
operation of a vehicle without a registration insignia (Sec. |
|
502.473, Transportation Code) . . . not to exceed $10; |
|
(3) administrative fee for failure to appear for a |
|
complaint or citation on certain offenses (Sec. 706.006, |
|
Transportation Code) . . . $30 for each violation; and |
|
(4) administrative fee for failure to pay or satisfy |
|
certain judgments (Sec. 706.006, Transportation Code) . . . $30. |
|
SECTION 9.119. (a) Section 103.027(a), Government Code, is |
|
amended to read as follows: |
|
(a) Fees and costs shall be paid or collected under the |
|
Government Code as follows: |
|
(1) filing a certified copy of a judicial finding of |
|
fact and conclusion of law if charged by the secretary of state |
|
(Sec. 51.905, Government Code) . . . $15; |
|
(2) cost paid by each surety posting the bail bond for |
|
an offense other than a misdemeanor punishable by fine only under |
|
Chapter 17, Code of Criminal Procedure, for the assistant |
|
prosecutor supplement fund and the fair defense account (Sec. |
|
41.258, Government Code) . . . $15, provided the cost does not |
|
exceed $30 for all bail bonds posted at that time for an individual |
|
and the cost is not required on the posting of a personal or cash |
|
bond; |
|
(3) to participate in a court proceeding in this |
|
state, a nonresident attorney fee (Sec. 82.0361, Government Code) |
|
. . . $250 except as waived or reduced under supreme court rules for |
|
representing an indigent person; [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) a program fee for a drug court program (Sec. |
|
123.004, Government Code) . . . not to exceed $1,000; |
|
(6) an alcohol or controlled substance testing, |
|
counseling, and treatment fee (Sec. 123.004, Government Code) . . . |
|
the amount necessary to cover the costs of testing, counseling, and |
|
treatment; |
|
(7) a reasonable program fee for a veterans court |
|
program (Sec. 124.005, Government Code) . . . not to exceed $1,000; |
|
(8) a testing, counseling, and treatment fee for |
|
testing, counseling, or treatment performed or provided under a |
|
veterans court program (Sec. 124.005, Government Code) . . . the |
|
amount necessary to cover the costs of testing, counseling, or |
|
treatment; and |
|
(9) a nonrefundable program fee for a prostitution |
|
prevention program (Sec. 126.006, Government Code) . . . a |
|
reasonable amount not to exceed $1,000, which must include a |
|
counseling and services fee in an amount necessary to cover the |
|
costs of counseling and services provided by the program, a victim |
|
services fee in an amount equal to 10 percent of the total fee, and a |
|
law enforcement training fee in an amount equal to five percent of |
|
the total fee. |
|
(b) The following are repealed: |
|
(1) Section 103.0271, Government Code; and |
|
(2) Section 103.0292, Government Code, as added by |
|
Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular |
|
Session, 2013. |
|
ARTICLE 10. CHANGES RELATING TO HEALTH AND SAFETY CODE |
|
SECTION 10.001. Section 711.052(a), Health and Safety Code, |
|
as amended by Chapters 123 (S.B. 661) and 220 (H.B. 52), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(a) A person who is an individual, firm, association, |
|
corporation, or municipality, or an officer, agent, or employee of |
|
an individual, firm, association, corporation, or municipality, |
|
commits an offense if the person: |
|
(1) engages in a business for cemetery purposes in |
|
this state other than through a corporation organized for that |
|
purpose, if a corporation is required by law; |
|
(2) fails or refuses to keep records of interment as |
|
required by Sections 711.003 and 711.004; |
|
(3) sells, offers to sell, or advertises for sale a |
|
plot or the exclusive right of sepulture in a plot for purposes of |
|
speculation or investment; |
|
(4) represents through advertising or printed |
|
material that a retail department will be established for the |
|
resale of the plots of plot purchasers, that specific improvements |
|
will be made in the cemetery, or that specific merchandise or |
|
services will be furnished to a plot owner, unless adequate funds or |
|
reserves are created by the cemetery organization for the |
|
represented purpose; |
|
(5) makes more than one interment in a plot in a |
|
cemetery operated by a cemetery organization other than as provided |
|
by Section 711.0395; [or] |
|
(6) removes remains from a plot in a cemetery operated |
|
by a cemetery organization without complying with Section 711.004; |
|
(7) [(5)] offers or receives monetary inducement to |
|
solicit business for a cemetery broker; |
|
(8) [(6)] fails or refuses to keep records of sales or |
|
resales or to collect and remit fees as required by Section |
|
711.0381; or |
|
(9) [(7)] fails or refuses to register as a cemetery |
|
broker as required by Subchapter C-1. |
|
SECTION 10.002. Section 754.016(c), Health and Safety Code, |
|
as amended by Chapters 538 (S.B. 540) and 558 (S.B. 673), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted to read |
|
as follows: |
|
(c) The executive director shall issue a certificate of |
|
compliance to the owner. |
|
SECTION 10.003. Section 754.023(k), Health and Safety Code, |
|
as amended by Chapter 538 (S.B. 540), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed to conform to the repeal of |
|
Section 754.023, Health and Safety Code, by Chapter 558 (S.B. 673), |
|
Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 10.004. Section 773.0571, Health and Safety Code, |
|
as amended by Chapters 1089 (H.B. 3556) and 1311 (S.B. 8), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
Sec. 773.0571. REQUIREMENTS FOR PROVIDER LICENSE. The |
|
department shall issue to an emergency medical services provider |
|
applicant a license that is valid for two years if the department is |
|
satisfied that: |
|
(1) the applicant has adequate staff to meet the |
|
staffing standards prescribed by this chapter and the rules adopted |
|
under this chapter; |
|
(2) each emergency medical services vehicle is |
|
adequately constructed, equipped, maintained, and operated to |
|
render basic or advanced life support services safely and |
|
efficiently; |
|
(3) the applicant offers safe and efficient services |
|
for emergency prehospital care and transportation of patients; |
|
(4) the applicant: |
|
(A) possesses sufficient professional experience |
|
and qualifications to provide emergency medical services; and |
|
(B) has not been excluded from participation in |
|
the state Medicaid program; |
|
(5) the applicant holds a letter of approval issued |
|
under Section 773.0573 by the governing body of the municipality or |
|
the commissioners court of the county in which the applicant is |
|
located and is applying to provide emergency medical services, as |
|
applicable; [and] |
|
(6) the applicant employs a medical director; and |
|
(7) [(6)] the applicant complies with the rules |
|
adopted under this chapter. |
|
ARTICLE 11. CHANGES RELATING TO INSURANCE CODE |
|
SECTION 11.001. Section 401.156, Insurance Code, as amended |
|
by Chapters 489 (S.B. 1665) and 1286 (H.B. 2163), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted and amended to |
|
read as follows: |
|
Sec. 401.156. DEPOSIT AND USE OF ASSESSMENT AND FEE. |
|
(a) The department shall deposit any assessments or fees collected |
|
under this subchapter relating to the examination of insurers and |
|
other regulated entities by the financial examinations division or |
|
actuarial division, as those terms are defined by Section 401.251, |
|
to the credit of an account with the Texas Treasury Safekeeping |
|
Trust Company to be used exclusively to pay examination costs, as |
|
defined by Section 401.251, to reimburse administrative support |
|
costs for the Texas Department of Insurance operating account, and |
|
to reimburse premium tax credits for examination costs and |
|
examination overhead assessments[, reimbursement of the Texas
|
|
Department of Insurance operating account for administrative
|
|
support costs, and reimbursement of premium tax credits for
|
|
examination costs and examination overhead assessments]. |
|
(b) [(a-1)] Money deposited under Subsection (a) |
|
accumulates and may be disbursed to the department in a manner |
|
consistent with that subsection and Subchapter F. |
|
(c) Revenue that is not related to the examination of |
|
insurers or other regulated entities by the financial examinations |
|
division or actuarial division shall be deposited to the credit of |
|
the Texas Department of Insurance operating account. |
|
(d) To the extent that another provision of law conflicts |
|
with this section or a provision of this section, this section or |
|
the provision of this section controls. |
|
(e) The department may transfer funds between the account |
|
described by Subsection (a) and the Texas Department of Insurance |
|
operating account as necessary to ensure that funds are deposited |
|
to the correct account and used for the correct purposes. This |
|
subsection does not authorize a disbursement or transfer of funds |
|
in a manner that is inconsistent with the purposes of Subchapter F |
|
and this section. |
|
SECTION 11.002. Section 981.215(a), Insurance Code, as |
|
amended by Chapters 595 (S.B. 951) and 920 (H.B. 1405), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
(a) A surplus lines agent shall maintain a complete record |
|
of each surplus lines contract obtained by the agent, including any |
|
of the following, if applicable: |
|
(1) a copy of the daily report; |
|
(2) the amount of the insurance and risks insured |
|
against; |
|
(3) a brief general description of the property |
|
insured and the location of that property; |
|
(4) the gross premium charged; |
|
(5) the return premium paid; |
|
(6) the rate of premium charged on the different items |
|
of property; |
|
(7) the contract terms, including the effective date; |
|
(8) the insured's name and post office address; |
|
(9) the insurer's name and home office address; |
|
(10) the amount collected from the insured; |
|
(11) an agreement under Section 225.006(c); [and] |
|
(12) [(11)] evidence establishing that the insured |
|
qualified as an exempt commercial purchaser and that the surplus |
|
lines agent complied with the requirements of Section 981.004(c) if |
|
a diligent effort to obtain insurance in the admitted market was not |
|
made pursuant to Section 981.004(a)(1); and |
|
(13) [(12)] any other information required by the |
|
department. |
|
SECTION 11.003. (a) Section 1355.015(a), Insurance Code, |
|
as amended by Chapters 1070 (H.B. 3276) and 1359 (S.B. 1484), Acts |
|
of the 83rd Legislature, Regular Session, 2013, is reenacted to |
|
read as follows: |
|
(a) At a minimum, a health benefit plan must provide |
|
coverage for screening a child for autism spectrum disorder at the |
|
ages of 18 and 24 months. |
|
(b) Section 1355.015(a-1), Insurance Code, as added by |
|
Chapter 1070 (H.B. 3276), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is reenacted to conform to the changes made to |
|
Section 1355.015(a), Insurance Code, by Chapter 1359 (S.B. 1484), |
|
Acts of the 83rd Legislature, Regular Session, 2013, to read as |
|
follows: |
|
(a-1) At a minimum, a health benefit plan must provide |
|
coverage for treatment of autism spectrum disorder as provided by |
|
this section to an enrollee who is diagnosed with autism spectrum |
|
disorder from the date of diagnosis, only if the diagnosis was in |
|
place prior to the child's 10th birthday. |
|
ARTICLE 12. CHANGES RELATING TO LOCAL GOVERNMENT CODE |
|
SECTION 12.001. Section 54.012, Local Government Code, as |
|
amended by Chapters 135 (S.B. 654) and 1396 (H.B. 1554), Acts of the |
|
83rd Legislature, Regular Session, 2013, is reenacted and amended |
|
to read as follows: |
|
Sec. 54.012. CIVIL ACTION. A municipality may bring a |
|
civil action for the enforcement of an ordinance: |
|
(1) for the preservation of public safety, relating to |
|
the materials or methods used to construct a building or other |
|
structure or improvement, including the foundation, structural |
|
elements, electrical wiring or apparatus, plumbing and fixtures, |
|
entrances, or exits; |
|
(2) relating to the preservation of public health or |
|
to the fire safety of a building or other structure or improvement, |
|
including provisions relating to materials, types of construction |
|
or design, interior configuration, illumination, warning devices, |
|
sprinklers or other fire suppression devices, availability of water |
|
supply for extinguishing fires, or location, design, or width of |
|
entrances or exits; |
|
(3) for zoning that provides for the use of land or |
|
classifies a parcel of land according to the municipality's |
|
district classification scheme; |
|
(4) establishing criteria for land subdivision or |
|
construction of buildings, including provisions relating to street |
|
width and design, lot size, building width or elevation, setback |
|
requirements, or utility service specifications or requirements; |
|
(5) implementing civil penalties under this |
|
subchapter for conduct classified by statute as a Class C |
|
misdemeanor; |
|
(6) relating to dangerously damaged or deteriorated |
|
structures or improvements; |
|
(7) relating to conditions caused by accumulations of |
|
refuse, vegetation, or other matter that creates breeding and |
|
living places for insects and rodents; |
|
(8) relating to the interior configuration, design, |
|
illumination, or visibility of business premises exhibiting for |
|
viewing by customers while on the premises live or mechanically or |
|
electronically displayed entertainment intended to provide sexual |
|
stimulation or sexual gratification; |
|
(9) relating to point source effluent limitations or |
|
the discharge of a pollutant, other than from a non-point source, |
|
into a sewer system, including a sanitary or storm water sewer |
|
system, owned or controlled by the municipality; [or] |
|
(10) relating to floodplain control and |
|
administration, including an ordinance regulating the placement of |
|
a structure, fill, or other materials in a designated floodplain; |
|
(11) [(10)] relating to animal care and control; or |
|
(12) [(11)] relating to water conservation measures, |
|
including watering restrictions. |
|
SECTION 12.002. Section 214.906, Local Government Code, is |
|
repealed to conform to the expiration of Title 16, Property Code, on |
|
September 1, 2009. |
|
SECTION 12.003. The heading to Section 381.004, Local |
|
Government Code, is amended to more accurately reflect the |
|
substance of that section to read as follows: |
|
Sec. 381.004. COMMUNITY AND ECONOMIC DEVELOPMENT PROGRAMS |
|
[IN CERTAIN COUNTIES]. |
|
ARTICLE 13. CHANGES RELATING TO NATURAL RESOURCES CODE |
|
SECTION 13.001. Section 61.011(d), Natural Resources Code, |
|
as amended by Chapters 152 (H.B. 2623) and 1086 (H.B. 3459), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(d) The commissioner shall promulgate rules, consistent |
|
with the policies established in this section, on the following |
|
matters only: |
|
(1) acquisition by local governments or other |
|
appropriate entities or public dedication of access ways sufficient |
|
to provide adequate public ingress and egress to and from the beach |
|
within the area described in Subdivision (6); |
|
(2) protection of the public easement from erosion or |
|
reduction caused by development or other activities on adjacent |
|
land and beach cleanup and maintenance; |
|
(3) local government prohibitions of vehicular |
|
traffic on public beaches, provision of off-beach parking, the use |
|
on a public beach of a golf cart, as defined by Section 502.001, |
|
Transportation Code, for the transportation of a person with a |
|
physical disability, and other minimum measures needed to mitigate |
|
for any adverse effect on public access and dune areas; |
|
(4) imposition of beach access, user, or parking fees |
|
and reasonable exercises of the police power by local governments |
|
with respect to public beaches; |
|
(5) contents and certification of beach access and use |
|
plans and standards for local government review of construction on |
|
land adjacent to and landward of public beaches, including |
|
procedures for expedited review of beach access and use plans under |
|
Section 61.015; |
|
(6) construction on land adjacent to and landward of |
|
public beaches and lying in the area either up to the first public |
|
road generally parallel to the beach or to any closer public road |
|
not parallel to the beach, or to within 1,000 feet of mean high |
|
tide, whichever is greater, that affects or may affect public |
|
access to and use of public beaches; |
|
(7) the temporary suspension under Section 61.0185 of |
|
enforcement of the prohibition against encroachments on and |
|
interferences with the public beach easement and the ability of a |
|
property owner to make repairs to a house while a suspension is in |
|
effect; |
|
(8) the determination of the line of vegetation or |
|
natural line of vegetation; |
|
(9) the factors to be considered in determining |
|
whether a structure, improvement, obstruction, barrier, or hazard |
|
on the public beach: |
|
(A) constitutes an imminent hazard to safety, |
|
health, or public welfare; or |
|
(B) substantially interferes with the free and |
|
unrestricted right of the public to enter or leave the public beach |
|
or traverse any part of the public beach; |
|
(10) the procedures for determining whether a |
|
structure is not insurable property for purposes of Section |
|
2210.004, Insurance Code, because of the factors listed in |
|
Subsection (h) of that section; [and] |
|
(11) the closure of beaches for space flight |
|
activities; and |
|
(12) [(11)] the temporary suspension under Section |
|
61.0171 of the determination of the "line of vegetation" or the |
|
"natural line of vegetation." |
|
ARTICLE 14. CHANGES RELATING TO OCCUPATIONS CODE |
|
SECTION 14.001. The heading to Chapter 55, Occupations |
|
Code, as amended by Chapters 66 (S.B. 162) and 348 (H.B. 2254), Acts |
|
of the 83rd Legislature, Regular Session, 2013, is reenacted to |
|
read as follows: |
|
CHAPTER 55. LICENSING OF MILITARY SERVICE MEMBERS, MILITARY |
|
VETERANS, AND MILITARY SPOUSES |
|
SECTION 14.002. Section 2301.610(d), Occupations Code, as |
|
amended by Chapters 1135 (H.B. 2741) and 1379 (H.B. 1692), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(d) The department shall maintain a toll-free telephone |
|
number to provide information to a person who requests information |
|
about a condition or defect that was the basis for repurchase or |
|
replacement by an order issued under this chapter |
|
[subchapter]. The department shall maintain an effective method |
|
of providing information to a person who makes a request. |
|
ARTICLE 15. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE |
|
SECTION 15.001. (a) Chapter 1, Special District Local Laws |
|
Code, is amended by adding Section 1.005 to read as follows: |
|
Sec. 1.005. EFFECT OF NONSUBSTANTIVE REVISION ON CERTAIN |
|
EMINENT DOMAIN AUTHORITY. The revision by Chapter 112 (S.B. 1026), |
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Acts of the 83rd Legislature, Regular Session, 2013, effective |
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April 1, 2015, of a law regarding eminent domain authority, or any |
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other nonsubstantive revision in this code of a law regarding |
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eminent domain authority, does not affect any expiration of an |
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entity's eminent domain authority that may have occurred under |
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Section 2206.101, Government Code, on September 1, 2013. |
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(b) This section takes effect immediately if this Act |
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receives a vote of two-thirds of all the members elected to each |
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house, as provided by Section 39, Article III, Texas Constitution. |
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If this Act does not receive the vote necessary for immediate |
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effect, this section takes effect September 1, 2015. |
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SECTION 15.002. (a) Section 8446.006, Special District |
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Local Laws Code, as added by Chapter 1250 (S.B. 1910), Acts of the |
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83rd Legislature, Regular Session, 2013, is amended to conform to |
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Section 8446.006, Special District Local Laws Code, as added by |
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Chapter 1309 (H.B. 3954), Acts of the 83rd Legislature, Regular |
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Session, 2013, to read as follows: |
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Sec. 8446.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 4, Chapter 1250, and Section 5, Chapter 1309, Acts of the |
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83rd Legislature, Regular Session, 2013 [of the Act enacting this
|
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chapter]. |
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(b) The boundaries and field notes contained in Section 4, |
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Chapter 1250, and Section 5, Chapter 1309, Acts of the 83rd |
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Legislature, Regular Session, 2013, [of the Act enacting this
|
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chapter] form a closure. A mistake made in the field notes or in |
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copying the field notes in the legislative process does not affect |
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the district's: |
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(1) organization, existence, or validity; |
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(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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(b) Section 8446.006, Special District Local Laws Code, as |
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added by Chapter 1309 (H.B. 3954), Acts of the 83rd Legislature, |
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Regular Session, 2013, is repealed. |
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SECTION 15.003. (a) Section 8469.006, Special District |
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Local Laws Code, as added by Chapter 1244 (S.B. 1877), Acts of the |
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83rd Legislature, Regular Session, 2013, is amended to conform to |
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Section 8469.006, Special District Local Laws Code, as added by |
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Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, Regular |
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Session, 2013, to read as follows: |
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Sec. 8469.006. INITIAL DISTRICT TERRITORY. (a) The |
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district is initially composed of the territory described by |
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Section 2, Chapter 1244, and Section 6, Chapter 1308, Acts of the |
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83rd Legislature, Regular Session, 2013 [of the Act enacting this
|
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chapter]. |
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(b) The boundaries and field notes contained in Section 2, |
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Chapter 1244, and Section 6, Chapter 1308, Acts of the 83rd |
|
Legislature, Regular Session, 2013, [of the Act enacting this
|
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chapter] form a closure. A mistake made in the field notes or in |
|
copying the field notes in the legislative process does not affect |
|
the district's: |
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(1) organization, existence, or validity; |
|
(2) right to issue any type of bond for the purposes |
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for which the district is created or to pay the principal of and |
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interest on a bond; |
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(3) right to impose a tax; or |
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(4) legality or operation. |
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(b) Section 8469.006, Special District Local Laws Code, as |
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added by Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, |
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Regular Session, 2013, is repealed. |
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SECTION 15.004. (a) Section 8469.106(c), Special District |
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Local Laws Code, as added by Chapter 1244 (S.B. 1877), Acts of the |
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83rd Legislature, Regular Session, 2013, is amended to conform to |
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Section 8469.106(c), Special District Local Laws Code, as added by |
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Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, Regular |
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Session, 2013, to read as follows: |
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(c) Any new district created by the division of the district |
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may not, at the time the new district is created, contain any land |
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outside the area described by Section 2, Chapter 1244, and Section |
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6, Chapter 1308, Acts of the 83rd Legislature, Regular Session, |
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2013 [of the Act creating this chapter]. |
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(b) Section 8469.106(c), Special District Local Laws Code, |
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as added by Chapter 1308 (H.B. 3914), Acts of the 83rd Legislature, |
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Regular Session, 2013, is repealed. |
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ARTICLE 16. CHANGES RELATING TO TAX CODE |
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SECTION 16.001. Section 25.025(a), Tax Code, as amended by |
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Chapters 996 (H.B. 2267) and 1028 (H.B. 2676), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(a) This section applies only to: |
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(1) a current or former peace officer as defined by |
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Article 2.12, Code of Criminal Procedure; |
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(2) a county jailer as defined by Section 1701.001, |
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Occupations Code; |
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(3) an employee of the Texas Department of Criminal |
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Justice; |
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(4) a commissioned security officer as defined by |
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Section 1702.002, Occupations Code; |
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(5) a victim of family violence as defined by Section |
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71.004, Family Code, if as a result of the act of family violence |
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against the victim, the actor is convicted of a felony or a Class A |
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misdemeanor; |
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(6) a federal judge, a state judge, or the spouse of a |
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federal judge or state judge; |
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(7) a current or former employee of a district |
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attorney, criminal district attorney, or county or municipal |
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attorney whose jurisdiction includes any criminal law or child |
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protective services matters; |
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(8) an officer or employee of a community supervision |
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and corrections department established under Chapter 76, |
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Government Code, who performs a duty described by Section 76.004(b) |
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of that code; |
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(9) a criminal investigator of the United States as |
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described by Article 2.122(a), Code of Criminal Procedure; |
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(10) a police officer or inspector of the United |
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States Federal Protective Service; |
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(11) a current or former United States attorney or |
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assistant United States attorney and the spouse and child of the |
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attorney; |
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(12) a current or former employee of the office of the |
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attorney general who is or was assigned to a division of that office |
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the duties of which involve law enforcement; [and] |
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(13) a medical examiner or person who performs |
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forensic analysis or testing who is employed by this state or one or |
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more political subdivisions of this state; and |
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(14) [(13)] a current or former member of the United |
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States armed forces who has served in an area that the president of |
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the United States by executive order designates for purposes of 26 |
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U.S.C. Section 112 as an area in which armed forces of the United |
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States are or have engaged in combat. |
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SECTION 16.002. Section 33.49(a), Tax Code, as amended by |
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Chapters 1259 (H.B. 585) and 1290 (H.B. 2302), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted to read as |
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follows: |
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(a) Except as provided by Subsection (b), a taxing unit is |
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not liable in a suit to collect taxes for court costs, including any |
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fees for service of process or electronic filing, an attorney ad |
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litem, arbitration, or mediation, and may not be required to post |
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security for costs. |
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SECTION 16.003. Section 171.052(a), Tax Code, as amended by |
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Chapters 569 (S.B. 734) and 1232 (H.B. 500), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is reenacted to read as |
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follows: |
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(a) Except as provided by Subsection (c), an insurance |
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organization, title insurance company, or title insurance agent |
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authorized to engage in insurance business in this state that is |
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required to pay an annual tax measured by its gross premium receipts |
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is exempted from the franchise tax. A nonadmitted insurance |
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organization that is required to pay a gross premium receipts tax |
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during a tax year is exempted from the franchise tax for that same |
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tax year. A nonadmitted insurance organization that is subject to |
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an occupation tax or any other tax that is imposed for the privilege |
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of doing business in another state or a foreign jurisdiction, |
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including a tax on gross premium receipts, is exempted from the |
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franchise tax. |
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SECTION 16.004. Section 351.101(a), Tax Code, as amended by |
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Chapters 541 (S.B. 551) and 546 (S.B. 585), Acts of the 83rd |
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Legislature, Regular Session, 2013, is reenacted and amended to |
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read as follows: |
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(a) Revenue from the municipal hotel occupancy tax may be |
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used only to promote tourism and the convention and hotel industry, |
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and that use is limited to the following: |
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(1) the acquisition of sites for and the construction, |
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improvement, enlarging, equipping, repairing, operation, and |
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maintenance of convention center facilities or visitor information |
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centers, or both; |
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(2) the furnishing of facilities, personnel, and |
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materials for the registration of convention delegates or |
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registrants; |
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(3) advertising and conducting solicitations and |
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promotional programs to attract tourists and convention delegates |
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or registrants to the municipality or its vicinity; |
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(4) the encouragement, promotion, improvement, and |
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application of the arts, including instrumental and vocal music, |
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dance, drama, folk art, creative writing, architecture, design and |
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allied fields, painting, sculpture, photography, graphic and craft |
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arts, motion pictures, radio, television, tape and sound recording, |
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and other arts related to the presentation, performance, execution, |
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and exhibition of these major art forms; |
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(5) historical restoration and preservation projects |
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or activities or advertising and conducting solicitations and |
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promotional programs to encourage tourists and convention |
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delegates to visit preserved historic sites or museums: |
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(A) at or in the immediate vicinity of convention |
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center facilities or visitor information centers; or |
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(B) located elsewhere in the municipality or its |
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vicinity that would be frequented by tourists and convention |
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delegates; |
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(6) for a municipality located in a county with a |
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population of one million or less, expenses, including promotion |
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expenses, directly related to a sporting event in which the |
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majority of participants are tourists who substantially increase |
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economic activity at hotels and motels within the municipality or |
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its vicinity; |
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(7) subject to Section 351.1076, the promotion of |
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tourism by the enhancement and upgrading of existing sports |
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facilities or fields, including facilities or fields for baseball, |
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softball, soccer, and flag football, if: |
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(A) the municipality owns the facilities or |
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fields; |
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(B) the municipality: |
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(i) has a population of 80,000 or more and |
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is located in a county that has a population of 350,000 or less; |
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(ii) has a population of at least 75,000 but |
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not more than 95,000 and is located in a county that has a |
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population of less than 200,000 but more than 160,000; |
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(iii) has a population of at least 36,000 |
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but not more than 39,000 and is located in a county that has a |
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population of 100,000 or less that is not adjacent to a county with |
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a population of more than two million; |
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(iv) has a population of at least 13,000 but |
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less than 39,000 and is located in a county that has a population of |
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at least 200,000; |
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(v) has a population of at least 70,000 but |
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less than 90,000 and no part of which is located in a county with a |
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population greater than 150,000; |
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(vi) is located in a county that: |
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(a) is adjacent to the Texas-Mexico |
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border; |
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(b) has a population of at least |
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500,000; and |
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(c) does not have a municipality with |
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a population greater than 500,000; |
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(vii) has a population of at least 25,000 |
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but not more than 26,000 and is located in a county that has a |
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population of 90,000 or less; [or] |
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(viii) has a population of at least 7,500 |
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and is located in a county that borders the Pecos River and that has |
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a population of not more than 15,000; or |
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(ix) [(viii)] is located in a county that |
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has a population of not more than 300,000 and in which a component |
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university of the University of Houston System is located; and |
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(C) the sports facilities and fields have been |
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used, in the preceding calendar year, a combined total of more than |
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10 times for district, state, regional, or national sports |
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tournaments; |
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(8) for a municipality with a population of at least |
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70,000 but less than 90,000, no part of which is located in a county |
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with a population greater than 150,000, the construction, |
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improvement, enlarging, equipping, repairing, operation, and |
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maintenance of a coliseum or multiuse facility; |
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(9) signage directing the public to sights and |
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attractions that are visited frequently by hotel guests in the |
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municipality; |
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(10) the construction of a recreational venue in the |
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immediate vicinity of area hotels, if: |
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(A) the municipality: |
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(i) is a general-law municipality; |
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(ii) has a population of not more than 900; |
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and |
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(iii) does not impose an ad valorem tax; |
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(B) not more than $100,000 of municipal hotel |
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occupancy tax revenue is used for the construction of the |
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recreational venue; |
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(C) a majority of the hotels in the municipality |
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request the municipality to construct the recreational venue; |
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(D) the recreational venue will be used primarily |
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by hotel guests; and |
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(E) the municipality will pay for maintenance of |
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the recreational venue from the municipality's general fund; |
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(11) the construction, improvement, enlarging, |
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equipping, repairing, operation, and maintenance of a coliseum or |
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multiuse facility, if the municipality: |
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(A) has a population of at least 90,000 but less |
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than 120,000; and |
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(B) is located in two counties, at least one of |
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which contains the headwaters of the San Gabriel River; and |
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(12) for a municipality with a population of more than |
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175,000 but less than 225,000 that is located in two counties, each |
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of which has a population of less than 200,000, the construction, |
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improvement, enlarging, equipping, repairing, operation, and |
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maintenance of a coliseum or multiuse facility and related |
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infrastructure or a venue, as defined by Section 334.001(4), Local |
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Government Code, that is related to the promotion of tourism. |
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ARTICLE 17. CHANGES RELATING TO TRANSPORTATION CODE |
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SECTION 17.001. Section 222.108(d), Transportation Code, |
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as amended by Chapter 1182 (S.B. 971), Acts of the 83rd Legislature, |
|
Regular Session, 2013, and repealed by Chapter 114 (S.B. 1110), |
|
Acts of the 83rd Legislature, Regular Session, 2013, is reenacted |
|
to give effect to the amendment by Chapter 1182 to read as follows: |
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(d) In this section, "transportation project" includes: |
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(1) transportation projects described by Section |
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370.003; and |
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(2) port security, transportation, or facility |
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projects described by Section 55.001(5). |
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SECTION 17.002. Section 222.110(e), Transportation Code, |
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as amended by Chapters 114 (S.B. 1110) and 1134 (H.B. 2300), Acts of |
|
the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
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(e) The sales and use taxes to be deposited into the tax |
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increment account under this section may be disbursed from the |
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account only to: |
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(1) pay for projects authorized under Section 222.104 |
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or 222.108; and |
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(2) notwithstanding Sections 321.506 and 323.505, Tax |
|
Code, satisfy claims of holders of tax increment bonds, notes, or |
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other obligations issued or incurred for projects authorized under |
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Section 222.104, [or] 222.1071, or 222.108. |
|
SECTION 17.003. Section 251.018, Transportation Code, as |
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added by Chapter 1134 (H.B. 2300), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is repealed as duplicative of Section |
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251.019, Transportation Code, as added by Chapter 1372 (S.B. 1747), |
|
Acts of the 83rd Legislature, Regular Session, 2013. |
|
SECTION 17.004. Section 460.406(c), Transportation Code, |
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is amended to correct a reference to read as follows: |
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(c) The board of directors may authorize the negotiation of |
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a contract without competitive sealed bids or proposals if: |
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(1) the aggregate amount involved in the contract is |
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$50,000 or less; |
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(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 |
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there is only one source or for which it is otherwise impracticable |
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to obtain competition; |
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(4) the contract is to respond to an emergency for |
|
which the public exigency does not permit the delay incident to the |
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competitive process; |
|
(5) the contract is for personal or professional |
|
services or services for which competitive bidding is precluded by |
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law; |
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(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: |
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(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, |
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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 |
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the board of directors to be appropriate or necessary in support of |
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the authority's financing activities; |
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(7) the contract is for work that is performed and paid |
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for by the day as the work progresses; |
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(8) the contract is for the lease or purchase of an |
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interest in land; |
|
(9) the contract is for the purchase of personal |
|
property sold: |
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(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; |
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or |
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(C) by a political subdivision of this state, a |
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state agency, or an entity of the federal government; |
|
(10) the contract is for services performed by blind |
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or severely disabled persons; |
|
(11) the contract is for the purchase of electricity; |
|
(12) the contract is one for an authority project and |
|
awarded for alternate project delivery using the procedures under |
|
Subchapters E, F, G, and I, Chapter 2269 [2267], Government Code[,
|
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as added by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature,
|
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Regular Session, 2011]; or |
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(13) the contract is for fare enforcement officer |
|
services under Section 460.1092. |
|
SECTION 17.005. Section 502.402(a), Transportation Code, |
|
as amended by Chapters 1273 (H.B. 1198) and 1277 (H.B. 1573), Acts |
|
of the 83rd Legislature, Regular Session, 2013, is reenacted to |
|
read as follows: |
|
(a) This section applies only to: |
|
(1) a county that: |
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(A) borders the United Mexican States; and |
|
(B) has a population of more than 250,000; and |
|
(2) a county that has a population of more than 1.5 |
|
million that is coterminous with a regional mobility authority. |
|
SECTION 17.006. Section 521.044(a), Transportation Code, |
|
as amended by Chapters 1012 (H.B. 2512) and 1105 (H.B. 3787), Acts |
|
of the 83rd Legislature, Regular Session, 2013, is reenacted and |
|
amended to read as follows: |
|
(a) Information provided on a driver's license application |
|
that relates to the applicant's social security number may be used |
|
only by the department or disclosed only to: |
|
(1) the child support enforcement division of the |
|
attorney general's office; |
|
(2) another state entity responsible for enforcing the |
|
payment of child support; |
|
(3) the United States Selective Service System as |
|
provided by Section 521.147; |
|
(4) the unclaimed property division of the |
|
comptroller's office; [or] |
|
(5) the Health and Human Services Commission; or |
|
(6) [(5)] the secretary of state for the purposes of |
|
voter registration or the administration of elections. |
|
SECTION 17.007. Section 541.201(1), Transportation Code, |
|
as amended by Chapters 17 (S.B. 223), 254 (H.B. 567), 275 (H.B. |
|
802), and 630 (S.B. 1917), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is reenacted and amended to read as follows: |
|
(1) "Authorized emergency vehicle" means: |
|
(A) a fire department or police vehicle; |
|
(B) a public or private ambulance operated by a |
|
person who has been issued a license by the Department of State |
|
Health Services; |
|
(C) an emergency medical services vehicle: |
|
(i) authorized under an emergency medical |
|
services provider license issued by the Department of State Health |
|
Services under Chapter 773, Health and Safety Code; and |
|
(ii) operating under a contract with an |
|
emergency services district that requires the emergency medical |
|
services provider to respond to emergency calls with the vehicle; |
|
(D) a municipal department or public service |
|
corporation emergency vehicle that has been designated or |
|
authorized by the governing body of a municipality; |
|
(E) [(D)] a county-owned or county-leased |
|
emergency management vehicle that has been designated or authorized |
|
by the commissioners court; |
|
(F) a vehicle that has been designated by the |
|
department under Section 546.0065; |
|
(G) [(E)] a private vehicle of a volunteer |
|
firefighter or a certified emergency medical services employee or |
|
volunteer when responding to a fire alarm or medical emergency; |
|
(H) [(F)] an industrial emergency response |
|
vehicle, including an industrial ambulance, when responding to an |
|
emergency, but only if the vehicle is operated in compliance with |
|
criteria in effect September 1, 1989, and established by the |
|
predecessor of the Texas Industrial Emergency Services Board of the |
|
State Firemen's and Fire Marshals' Association of Texas; |
|
(I) [(G)] a vehicle of a blood bank or tissue |
|
bank, accredited or approved under the laws of this state or the |
|
United States, when making emergency deliveries of blood, drugs, |
|
medicines, or organs; |
|
(J) [(H)] a vehicle used for law enforcement |
|
purposes that is owned or leased by a federal governmental entity; |
|
or |
|
(K) [(H)] a private vehicle of an employee or |
|
volunteer of a county emergency management division in a county |
|
with a population of more than 46,500 and less than 48,000 that is |
|
designated as an authorized emergency vehicle by the commissioners |
|
court of that county. |
|
SECTION 17.008. Section 681.008(b), Transportation Code, |
|
as amended by Chapters 223 (H.B. 120), 309 (H.B. 1514), and 1010 |
|
(H.B. 2485), Acts of the 83rd Legislature, Regular Session, 2013, |
|
is reenacted and amended to read as follows: |
|
(b) A vehicle on which license plates described by |
|
Subsection (a)(2) or issued under Section 504.202, [Section] |
|
504.310, 504.315, [or] 504.316, or 504.319 are displayed is exempt |
|
from the payment of a parking fee collected through a parking meter |
|
charged by a governmental authority other than a branch of the |
|
federal government, when being operated by or for the |
|
transportation of: |
|
(1) the person who registered the vehicle under |
|
Section 504.202(a), [Section] 504.310, 504.315, [or] 504.316, or |
|
504.319; |
|
(2) a person described in Section 504.202(b) if the |
|
vehicle is registered under that subsection; or |
|
(3) the owner or operator of a vehicle displaying |
|
license plates described by Subsection (a)(2). |
|
ARTICLE 18. CHANGES RELATING TO WATER CODE |
|
SECTION 18.001. Section 13.1871(s), Water Code, as added by |
|
Chapter 171 (S.B. 567), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is repealed as duplicative of Section 13.1871(s), |
|
Water Code, as added by Chapter 170 (H.B. 1600), Acts of the 83rd |
|
Legislature, Regular Session, 2013. |
|
ARTICLE 19. CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL |
|
STATUTES |
|
SECTION 19.001. (a) Subtitle D, Title 13, Occupations Code, |
|
is amended to codify Chapter 528 (S.B. 155), Acts of the 76th |
|
Legislature, Regular Session, 1999 (Article 178d-1, Vernon's Texas |
|
Civil Statutes), by adding Chapter 2158 to read as follows: |
|
CHAPTER 2158. SPECIAL EVENT PARKING CHARGE LIMITATION |
|
Sec. 2158.001. DEFINITIONS. In this chapter: |
|
(1) "Institution of higher education" and "private or |
|
independent institution of higher education" have the meanings |
|
assigned by Section 61.003, Education Code. |
|
(2) "Parking facility," "parking facility owner," and |
|
"vehicle" have the meanings assigned by Section 2308.002, |
|
Occupations Code. |
|
(3) "Special event" includes a sporting event, |
|
convention, concert, exhibit, parade, or political rally. |
|
Sec. 2158.002. LIMITATION OF PARKING CHARGE IN CONNECTION |
|
WITH SPECIAL EVENT. (a) A parking facility owner may not charge |
|
for parking a vehicle in the parking facility in connection with a |
|
special event an amount that is more than two times the amount |
|
computed using the rate that is normally charged for parking a |
|
vehicle in the facility on that day of the week and at that time. |
|
(b) This section does not apply to an institution of higher |
|
education or a private or independent institution of higher |
|
education. |
|
Sec. 2158.003. CRIMINAL OFFENSE. (a) A person commits an |
|
offense if the person violates Section 2158.002(a). |
|
(b) An offense under this section is a Class C misdemeanor. |
|
(c) It is a defense to prosecution under this section that |
|
the parking facility owner posted a conspicuous sign at least two |
|
feet wide and two feet high at the entrance to the parking facility |
|
stating: |
|
(1) in print at least six inches in height, the rate |
|
that is normally charged for parking a vehicle in the facility; and |
|
(2) in print at least six inches in height, the rate |
|
that is charged for parking a vehicle in the facility in connection |
|
with a special event. |
|
(b) Chapter 528 (S.B. 155), Acts of the 76th Legislature, |
|
Regular Session, 1999 (Article 178d-1, Vernon's Texas Civil |
|
Statutes), is repealed. |
|
SECTION 19.002. Chapter 294 (S.B. 281), Acts of the 69th |
|
Legislature, Regular Session, 1985 (Article 326k-90, Vernon's |
|
Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.003. Chapter 496 (S.B. 102), Acts of the 47th |
|
Legislature, Regular Session, 1941 (Article 695d, Vernon's Texas |
|
Civil Statutes), is repealed as executed. |
|
SECTION 19.004. (a) Title 4, Water Code, is amended to |
|
codify Chapter 702 (S.B. 1358), Acts of the 68th Legislature, |
|
Regular Session, 1983 (Article 717r, Vernon's Texas Civil |
|
Statutes), by adding Chapter 51A to read as follows: |
|
CHAPTER 51A. METROPOLITAN WATER CONTROL AND IMPROVEMENT DISTRICTS |
|
AND SUBDISTRICTS |
|
Sec. 51A.001. DEFINITIONS. In this chapter: |
|
(1) "Board" means the board of directors of a |
|
district. |
|
(2) "Commission" means the Texas Commission on |
|
Environmental Quality. |
|
(3) "District" means a conservation and reclamation |
|
district that: |
|
(A) is created by general or special law pursuant |
|
to Section 59, Article XVI, Texas Constitution; |
|
(B) is governed by Chapter 51 to the extent the |
|
provisions of that chapter are not inconsistent with the provisions |
|
of any special law creating the district; and |
|
(C) contains at least 10,000 acres after all |
|
exclusions of land have occurred. |
|
(4) "Refunding bond" means a refunding bond issued by |
|
a district. |
|
(5) "Residential neighborhood" means an area that, as |
|
it develops, will consist of detached single-family residences on |
|
not less than 79 percent of the net residential acreage of the area |
|
and will consist of condominiums or multifamily rental units with a |
|
density greater than 15 units per net residential acre on not more |
|
than 10 percent of the net residential acreage of the area. |
|
Notwithstanding the foregoing, "residential neighborhood" means an |
|
area that, as it develops, will consist of detached single-family |
|
residences on not less than 87-1/2 percent of the net residential |
|
acreage of the area if the preliminary engineering report adopted |
|
by the board before the authorization of bonds stipulates that |
|
approximately 87-1/2 percent of the net residential acreage will |
|
consist of single-family residences; provided, however, that on the |
|
full utilization of all facilities constructed with the proceeds of |
|
the bonds authorized, the definition of "residential neighborhood" |
|
stated in the first sentence of this subdivision applies. A |
|
variance of as much as three percent from the percentages set forth |
|
above is permissible during development if the percentages are met |
|
on completion of development. |
|
(6) "Subdistrict" means a conservation and |
|
reclamation district created pursuant to Section 59, Article XVI, |
|
Texas Constitution, and this chapter to provide fresh water supply |
|
and distribution, sanitary sewage collection and treatment, and |
|
storm sewer and drainage facilities and services to residential |
|
neighborhoods. |
|
(7) "Subdistrict board" means the board of directors |
|
of a subdistrict. |
|
Sec. 51A.002. REFUNDING BONDS. (a) A district may issue |
|
bonds to refund all or part of its outstanding bonds, notes, or |
|
other obligations, including matured but unpaid interest. Except |
|
as otherwise provided by this section, Section 51.438 applies to |
|
refunding bonds issued under this section. |
|
(b) Refunding bonds may be payable from: |
|
(1) the same source as the bonds, notes, or other |
|
obligations being refunded; |
|
(2) the source described by Subdivision (1) and |
|
additional sources; or |
|
(3) sources other than the source described by |
|
Subdivision (1). |
|
(c) A district must publish notice of intent to issue |
|
refunding bonds at least once a week for two consecutive weeks in a |
|
newspaper of general circulation within the district and at least |
|
15 days before the date of the meeting of the board at which it is |
|
proposed to issue the bonds. Before the issuance of the bonds, if a |
|
petition signed by not less than 10 percent of the registered voters |
|
of the district is filed with the district calling for a referendum |
|
on the refunding bond issue, the board shall, at its next meeting, |
|
order an election to be held within the district to determine |
|
whether the bonds shall be issued. The election shall be held in |
|
the manner prescribed by Chapter 1251, Government Code, for the |
|
issuance of municipal bonds. |
|
Sec. 51A.003. CREATION OF SUBDISTRICTS. (a) The |
|
commission may create subdistricts over designated territory |
|
within the boundaries of a district as provided by this section. |
|
(b) A petition that contains the substance of the |
|
requirements of Sections 51.013 and 51.014 must be filed with the |
|
commission. |
|
(c) The commission shall have notice of the hearing on the |
|
petition given in the manner required by Section 51.018. |
|
(d) The hearing must be conducted in the manner provided by |
|
Section 51.020, and the commission shall grant or refuse the |
|
petition in the manner provided by Section 51.021. An appeal from |
|
the decision of the commission must be made in the manner provided |
|
by Sections 51.022 through 51.025. The commission shall appoint |
|
five directors to serve as the subdistrict board, each of whom must |
|
meet the qualifications provided by Section 51.072. |
|
(e) Not later than the 60th day after the date on which a |
|
petition for the creation of a subdistrict is granted by the |
|
commission, the subdistrict board shall adopt an order calling |
|
elections within the boundaries of the subdistrict in the manner |
|
provided by Subchapter D, Chapter 49, to: |
|
(1) confirm the creation of the subdistrict in the |
|
manner provided by Section 49.102; |
|
(2) authorize the issuance of bonds by the subdistrict |
|
or by the district on behalf of the subdistrict to be repaid by ad |
|
valorem taxes, revenue, or ad valorem taxes and revenue derived by |
|
the subdistrict; |
|
(3) authorize a tax within the boundaries of the |
|
subdistrict to make payments under a contract with the district to |
|
support refunding bonds of the district in accordance with the |
|
exclusions procedure provided by Section 51A.005; |
|
(4) authorize a maintenance tax within the boundaries |
|
of the subdistrict in the manner provided by Section 49.107; and |
|
(5) elect a permanent board of directors for the |
|
subdistrict in the manner provided by Subchapter D, Chapter 49, and |
|
Section 51.075. |
|
(f) A subdistrict: |
|
(1) may sue and be sued in its own name; |
|
(2) until excluded from the boundaries of the district |
|
in accordance with Section 51A.005, has concurrent jurisdiction |
|
with the district that is in the territory within the boundaries of |
|
the subdistrict; and |
|
(3) may exercise the rights and powers of the district |
|
within the boundaries of the subdistrict. |
|
(g) The ad valorem plan of taxation applies to each |
|
subdistrict, and a hearing for exclusions of land from a |
|
subdistrict is not necessary before an election under Subsection |
|
(e) is held. |
|
(h) A subdistrict may be dissolved in the same manner as a |
|
district. |
|
(i) A subdistrict is governed by Chapter 51 and all other |
|
general laws of this state to the extent those laws are not |
|
inconsistent with this chapter. |
|
Sec. 51A.004. SUBDISTRICT BONDS. (a) Before adopting an |
|
order calling elections under Section 51A.003(e), the engineer for |
|
a subdistrict shall present a report to the subdistrict board that |
|
conforms to Section 51.410 with regard to the bonds to be issued by |
|
the subdistrict or by the district on behalf of the subdistrict. |
|
(b) After the engineer's report is filed and approved, the |
|
subdistrict board shall order an election within the boundaries of |
|
the subdistrict to authorize the issuance of bonds by the |
|
subdistrict or by the district on behalf of the subdistrict in |
|
accordance with this chapter and Sections 49.106 and 51.411. |
|
(c) Bonds authorized at an election within the subdistrict |
|
may only be repaid from ad valorem taxes imposed on all taxable |
|
property within the boundaries of the subdistrict or income, |
|
increment, and revenue derived from the ownership or operation of |
|
any part of the assets of the subdistrict or any combination of |
|
those sources. The district is not liable for the repayment of |
|
those bonds except as provided by this subsection. |
|
(d) A subdistrict may issue refunding bonds as provided by |
|
Section 51A.002. |
|
(e) Bonds issued by a subdistrict or by the district on |
|
behalf of the subdistrict are investment securities under Chapter |
|
2257, Government Code, are public securities under Chapter 1201, |
|
Government Code, and are subject to the general laws of this state |
|
relating to bonds of a water control and improvement district to the |
|
extent that those general laws are not inconsistent with this |
|
chapter. |
|
Sec. 51A.005. EXCLUSION OF TERRITORY WITHIN SUBDISTRICT. |
|
(a) A subdistrict board shall call an election within the |
|
subdistrict to coincide with the confirmation election under |
|
Section 51A.003(e) at which a proposition shall be submitted to the |
|
voters to authorize the subdistrict to enter into a contract with |
|
the district under which the subdistrict would impose an unlimited |
|
ad valorem tax on all taxable property within the subdistrict to |
|
repay to the district a portion of the district's total outstanding |
|
indebtedness. That portion would be calculated by multiplying the |
|
total outstanding indebtedness of the district on the date of the |
|
first payment under the proposed contract by a percentage equal to |
|
the proportion of the total taxable property within the district |
|
borne by the total taxable property within the subdistrict, as of |
|
the date of the preceding tax roll. |
|
(b) The ballots in the election under Subsection (a) shall |
|
be printed to provide for voting for or against the following |
|
proposition: "The execution of a contract and the imposition of |
|
taxes to pay for the contract." A copy of the proposed contract |
|
shall be available at the office of the district for inspection |
|
before the election. The election shall otherwise be conducted in |
|
conformity with the provisions of Chapter 51 relating to elections |
|
to approve a tax-supported contract with the United States. |
|
(c) If the proposition is approved at the election under |
|
Subsection (a), the board of the district shall, on receipt of a |
|
petition that conforms substantially to Section 49.305 and |
|
describes the territory within the subdistrict, conduct a hearing |
|
not later than the 30th day after the date of receipt of the |
|
petition on the exclusion of the subdistrict from the boundaries of |
|
the district. |
|
(d) If the subdistrict board establishes at the hearing that |
|
the subdistrict has been created, has authorized the issuance of |
|
bonds by the subdistrict or by the district on behalf of the |
|
subdistrict, has authorized the tax-supported contract payment, |
|
and has elected a permanent board of directors, the board of the |
|
district shall, at the conclusion of the hearing, enter an order |
|
approving the contract supported by a tax within the subdistrict |
|
and excluding all land within the subdistrict from the boundaries |
|
of the district contingent only on the completion of the refunding |
|
bond issue. |
|
(e) Refunding bonds may be issued by a district to implement |
|
the exclusion of land within a subdistrict under any terms that are |
|
considered advisable by the board of the district and are only |
|
subject to the interest rate limitations imposed by the |
|
constitution and laws of this state. If refunding bonds are not |
|
issued by a district on or before the 30th day after the date of the |
|
hearing at which the subdistrict establishes all items in |
|
Subsection (d), all property within the subdistrict is considered |
|
excluded from the boundaries of the district on the expiration of |
|
the 30th day after the date of the hearing. |
|
(f) Any subdistrict located within a service area as defined |
|
by a United States Environmental Protection Agency grant used by a |
|
district to expand its wastewater treatment plant shall obtain |
|
wastewater treatment services to the extent of capacity provided |
|
with the United States Environmental Protection Agency grant |
|
proceeds from the wastewater treatment plant constructed with the |
|
prior proceeds of the United States Environmental Protection Agency |
|
grant in accordance with the terms of a contract approved by the |
|
governing bodies of the subdistrict and the district. |
|
(g) To reduce the cost of services to its residents and |
|
taxpayers, the subdistrict shall use the employees, consultants, |
|
staff, and services of the district and reimburse the district for |
|
all costs of furnishing those services. The services may be |
|
terminated for good cause. The subdistrict and the district shall |
|
submit to arbitration any dispute between the subdistrict and the |
|
district. |
|
Sec. 51A.006. WATER AND SEWER RATES. A district shall |
|
establish rates for all services to subdistricts after the |
|
exclusion of the subdistricts from the boundaries of the district. |
|
The rates may not exceed 150 percent of the rates for similar |
|
services for residents of the district. |
|
Sec. 51A.007. ELECTION DATES. An election authorized by |
|
this chapter may be held on any day of the year other than a general |
|
election date and is not limited to the uniform election dates |
|
established by Section 41.001(a), Election Code. |
|
Sec. 51A.008. PUBLIC PURPOSE. This chapter facilitates and |
|
advances the conservation and reclamation of the natural resources |
|
of this state by permitting certain water control and improvement |
|
districts to extend fresh water supply and distribution facilities, |
|
storm water and flood control facilities, and sanitary sewage |
|
collection and treatment facilities into areas that have previously |
|
not received such facilities. The reclamation of land for |
|
development and use as residential neighborhoods will be |
|
implemented and the health, welfare, and safety of residents of |
|
those neighborhoods will be additionally protected. |
|
Sec. 51A.009. CONSTRUCTION. The powers granted by this |
|
chapter to districts shall be broadly interpreted and liberally |
|
construed to effect the legislative intent and the purposes of this |
|
chapter and not as a limitation of powers. |
|
(b) Chapter 702 (S.B. 1358), Acts of the 68th Legislature, |
|
Regular Session, 1983 (Article 717r, Vernon's Texas Civil |
|
Statutes), is repealed. |
|
SECTION 19.005. (a) Chapter 49, Water Code, is amended to |
|
codify Chapter 707 (H.B. 993), Acts of the 69th Legislature, |
|
Regular Session, 1985 (Article 973c, Vernon's Texas Civil |
|
Statutes), by adding Subchapter J-1 to read as follows: |
|
SUBCHAPTER J-1. EXCLUSION OF URBAN PROPERTY FROM CERTAIN WATER |
|
DISTRICTS |
|
Sec. 49.3181. DEFINITIONS. As used in this subchapter: |
|
(1) "District" means any district or authority created |
|
under Sections 52(b)(1) and (2), Article III, or Section 59, |
|
Article XVI, Texas Constitution, the principal purpose of which is, |
|
or that is principally engaged in, supplying water for the |
|
irrigation of agricultural lands. |
|
(2) "Urban property" means land that: |
|
(A) has been subdivided into town lots, town lots |
|
and blocks, or small parcels of the same general nature as town lots |
|
or town lots and blocks and is designed, intended, or suitable for |
|
residential or other nonagricultural purposes, as distinguished |
|
from farm acreage, and includes streets, alleys, parkways, parks, |
|
and railroad property and rights-of-way within that subdivided |
|
land; and |
|
(B) is in a subdivision: |
|
(i) that is within the corporate limits or |
|
extraterritorial jurisdiction of a municipality that has |
|
subdivision approval jurisdiction under Chapter 212, Local |
|
Government Code; and |
|
(ii) for which a plat or map has been filed |
|
and recorded in the office of the county clerk of the county in |
|
which the subdivision or any part of the subdivision is located. |
|
Sec. 49.3182. CONDITIONS FOR EXCLUSION OF URBAN PROPERTY. |
|
Urban property that is located in a district may be excluded from |
|
the district as provided by this subchapter only after the |
|
following have been paid to the district: |
|
(1) all taxes, assessments, and other charges of the |
|
district accrued on the property to be excluded, together with all |
|
interest and penalties accrued on those taxes, assessments, and |
|
charges; |
|
(2) the proportionate part of the outstanding bonded |
|
indebtedness or indebtedness in connection with a loan from an |
|
agency of the United States for which the property proposed to be |
|
excluded is liable, as determined under this subchapter; and |
|
(3) agreement on a reasonable determined amount to be |
|
paid by the municipality or other supplier of potable water to |
|
compensate the district for loss of revenue occasioned by the |
|
exclusion. |
|
Sec. 49.3183. APPLICATION FOR EXCLUSION. (a) The owner or |
|
owners of urban property in a district and subject to taxation by |
|
the district, and on which all amounts due the district under |
|
Section 49.3182(1) have been paid, may file a written and sworn |
|
application with the district to exclude that property from the |
|
district. |
|
(b) The application must: |
|
(1) include a sworn acknowledgment by the owner or |
|
owners of the property; |
|
(2) describe the property to be excluded by |
|
identifying the lot or block number of the subdivision and the name |
|
or designation of the subdivision as shown on the recorded plat of |
|
the subdivision, or by some other method of identification; and |
|
(3) state that the property is used or intended to be |
|
used for the purposes for which it was subdivided and is not used or |
|
intended to be used, wholly or partly, for agricultural purposes. |
|
(c) A copy of the recorded map or plat of the subdivision |
|
must accompany the application and must clearly delineate the part |
|
of the subdivision, if less than the whole, to be excluded from the |
|
district. |
|
(d) The applicant must also provide the district with |
|
evidence satisfactory to, or required by, the board of the |
|
applicant's: |
|
(1) ownership of the property proposed to be excluded; |
|
and |
|
(2) right to have the property excluded from the |
|
district. |
|
Sec. 49.3184. CONSIDERATION OF APPLICATION. (a) As soon |
|
as practicable after an application is filed, the board shall |
|
consider the application and inquire into all the facts relating to |
|
the application that the board considers necessary for determining |
|
whether a public hearing on the application should be held. |
|
(b) After consideration and investigation, the board shall |
|
adopt an order approving further consideration of the application |
|
if the board finds that: |
|
(1) all amounts due the district under Section |
|
49.3182(1) up to the date of the filing of the application have been |
|
paid; |
|
(2) the property described in the application: |
|
(A) is owned by the applicant; |
|
(B) is urban property and is not used or intended |
|
to be used for agricultural purposes; and |
|
(C) will require a source of treated potable |
|
water from the municipality in which the subdivision is located; |
|
and |
|
(3) the exclusion of the property will not cut off the |
|
district or its facilities from ready and convenient access to |
|
other land remaining in the district for irrigation or other |
|
district purposes. |
|
(c) If the board is unable to make any one of the findings |
|
under Subsection (b), it shall adopt a resolution rejecting the |
|
application. |
|
(d) A resolution of the board rejecting an application is |
|
final and not subject to review by any other body, tribunal, or |
|
authority. |
|
Sec. 49.3185. DETERMINATION OF PROPORTIONATE AMOUNT OF |
|
INDEBTEDNESS. (a) If the board approves further consideration of |
|
an application, the board shall determine the proportionate amount |
|
of the bonded or contractual indebtedness for which the property to |
|
be excluded is liable as provided by this section. |
|
(b) If the district has outstanding bonded indebtedness, |
|
the board shall obtain from the chief appraiser a certified copy of |
|
the appraised value of all the property to be excluded for the five |
|
years preceding the year in which the application is filed, as shown |
|
by the tax rolls of the district, and the appraised value of all |
|
taxable property in the district according to the most recent tax |
|
rolls of the district. The part of the district's total outstanding |
|
bonded indebtedness to be paid by the applicant as a condition |
|
precedent to the exclusion of the property is that proportion of the |
|
indebtedness, including unpaid interest computed to the date of the |
|
order, that the appraised value of the property to be excluded bears |
|
to the appraised value of all taxable property in the district |
|
according to the most recent tax rolls. |
|
(c) If the district has contractual or other indebtedness |
|
being repaid on the benefit tax basis, the board shall obtain from |
|
the appropriate records the manner in which the tax is assessed, and |
|
from those records the district shall calculate the part of the |
|
total outstanding indebtedness of the district remaining to be paid |
|
that is attributable to the property to be excluded. |
|
(d) The order of the board approving further consideration |
|
of the application must also state the amounts required to be paid |
|
under Section 49.3182 as a condition of the exclusion of the |
|
property. |
|
Sec. 49.3186. DEADLINE FOR PAYMENT OF AMOUNTS DUE. The |
|
order of the board approving further consideration of the |
|
application has no force or effect and no further proceeding may be |
|
held on the application unless the applicant deposits with the |
|
district the amounts due under Section 49.3182 not later than: |
|
(1) the 20th day after the date on which the order was |
|
adopted; or |
|
(2) the expiration of a period not to exceed 30 days |
|
after the date on which the order was adopted as ordered by the |
|
board. |
|
Sec. 49.3187. NOTICE AND HEARING. (a) If the deposit is |
|
made within the time provided by Section 49.3186, the board shall |
|
order a public hearing to be held on the application at the regular |
|
office of the district not less than 15 or more than 30 days after |
|
the date of the hearing order. |
|
(b) The board shall have notice of the hearing posted in a |
|
conspicuous place in the office of the district and at the |
|
courthouse of the county in which the property proposed to be |
|
excluded is situated. |
|
Sec. 49.3188. RESOLUTION EXCLUDING URBAN PROPERTY OR |
|
REJECTING APPLICATION; EFFECTS OF EXCLUSION. (a) If, as a result |
|
of a hearing ordered under Section 49.3187, the board finds that the |
|
owners of a majority in acreage of the urban property do not desire |
|
irrigation of that property or that the urban property is not used |
|
or intended to be used for agricultural purposes, the board shall |
|
adopt a resolution setting forth those findings and excluding the |
|
urban property or the part of the urban property as to which the |
|
findings are made. |
|
(b) If any canals, ditches, pipelines, pumps, or other |
|
facilities of the district are located on land excluded under the |
|
resolution, the exclusion does not affect or interfere with any |
|
district rights to maintain and continue operation of the |
|
facilities as located to service land remaining in the district. |
|
(c) A copy of the resolution excluding urban property from |
|
the district certified to and acknowledged by the secretary of the |
|
board must be recorded by the district in the deed records of the |
|
county in which the excluded property is located as evidence of the |
|
exclusion. |
|
(d) On the passage of the resolution: |
|
(1) the property excluded does not constitute a part |
|
of the district; and |
|
(2) the owner of the excluded property: |
|
(A) has no further liability to the district or |
|
for any bonded or other indebtedness of the district; and |
|
(B) is not subject to further taxation by the |
|
district. |
|
(e) If the board determines from the hearing that for any |
|
reason the application should not be granted, the board shall adopt |
|
a resolution rejecting the application, and the deposit made by the |
|
applicant is subject to withdrawal by the applicant or on the |
|
board's order. |
|
Sec. 49.3189. CONVERSION OF WATER RIGHTS. After a district |
|
excludes land from the district's territory under this subchapter, |
|
the municipality or other municipal supplier that proposes to serve |
|
the land with a potable water supply may petition the district to |
|
convert the proportionate water rights previously allocated for the |
|
land from irrigation use rights to municipal use rights for the use |
|
and benefit of the municipality or other municipal supplier. The |
|
district shall compute the proportionate water rights available and |
|
shall initiate administrative proceedings to convert the |
|
irrigation use rights to municipal use rights. Before the district |
|
is obligated to initiate the administrative proceedings, the |
|
municipality or other municipal supplier must deposit with the |
|
district the amount that the district estimates the district will |
|
incur as reasonable expenses and attorney's fees in those |
|
proceedings. On approval of the conversion by the commission, the |
|
district shall deliver the water to the municipality or other |
|
municipal supplier in the manner those entities may agree to under |
|
this code. |
|
(b) Chapter 707 (H.B. 993), Acts of the 69th Legislature, |
|
Regular Session, 1985 (Article 973c, Vernon's Texas Civil |
|
Statutes), is repealed. |
|
SECTION 19.006. Article 974d-45, Revised Statutes, is |
|
repealed as executed. |
|
SECTION 19.007. (a) Chapter 199, Transportation Code, is |
|
amended to codify Chapter 181 (H.B. 871), Acts of the 69th |
|
Legislature, Regular Session, 1985 (Article 1182k, Vernon's Texas |
|
Civil Statutes), by adding Section 199.002 to read as follows: |
|
Sec. 199.002. RAILROAD FUNCTIONS AS PUBLIC AND GOVERNMENTAL |
|
FUNCTIONS. (a) In this section: |
|
(1) "Railroad" means an enterprise created and |
|
operated to carry passengers, freight, or both on a fixed track. |
|
The term includes all real estate and interests in real estate, |
|
equipment, machinery, materials, structures, buildings, stations, |
|
facilities, and other improvements that are necessary to, or for |
|
the benefit of, the enterprise. |
|
(2) "Municipality" means a home-rule municipality. |
|
(b) The planning, acquisition, establishment, development, |
|
construction, enlarging, improvement, maintenance, equipping, |
|
operation, regulation, protection, policing, leasing, and |
|
alienation of a railroad or railroad facility by a municipality or |
|
other public agency, separately or jointly exercised: |
|
(1) are declared to be public and governmental |
|
functions that are exercised for a public purpose and matters of |
|
public necessity; and |
|
(2) in the case of a municipality, are declared to be |
|
municipal functions and purposes as well as public and |
|
governmental. |
|
(c) All land and other property and privileges acquired and |
|
used by or on behalf of a municipality or other public agency for |
|
railroad purposes: |
|
(1) are declared to be acquired for public and |
|
governmental purposes and as a matter of public necessity; and |
|
(2) in the case of a municipality, are declared to be |
|
acquired for a municipal purpose. |
|
(d) This section does not confer or convey governmental |
|
immunity or any other limitation of liability to any entity that is |
|
not a governmental entity, governmental authority, or public |
|
agency, or a subdivision of a governmental entity, governmental |
|
authority, or public agency. |
|
(b) Chapter 181 (H.B. 871), Acts of the 69th Legislature, |
|
Regular Session, 1985 (Article 1182k, Vernon's Texas Civil |
|
Statutes), is repealed. |
|
SECTION 19.008. Chapter 4 (S.B. 455), page 689, General |
|
Laws, Acts of the 46th Legislature, Regular Session, 1939 (Article |
|
2603c1, Vernon's Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.009. Chapter 404 (H.B. 768), Acts of the 47th |
|
Legislature, Regular Session, 1941 (Article 2603c2, Vernon's Texas |
|
Civil Statutes), is repealed as executed. |
|
SECTION 19.010. Section 2, Chapter 3 (S.B. 2), Acts of the |
|
62nd Legislature, Regular Session, 1971 (Article 2619b, Vernon's |
|
Texas Civil Statutes), is repealed as no longer necessary because |
|
Pan American University was transferred to The University of Texas |
|
System and renamed by Chapter 181 (S.B. 47), Acts of the 71st |
|
Legislature, Regular Session, 1989. |
|
SECTION 19.011. Chapter 357 (S.B. 319), Acts of the 64th |
|
Legislature, Regular Session, 1975 (Article 4413(32e), Vernon's |
|
Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.012. Chapter 672 (H.B. 1880), Acts of the 65th |
|
Legislature, Regular Session, 1977 (Article 4413(42a), Vernon's |
|
Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.013. Article 2, Chapter 4 (S.B. 3), Acts of the |
|
72nd Legislature, 1st Called Session, 1991 (Article 4413(56a), |
|
Vernon's Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.014. Chapter 685 (H.B. 235), Acts of the 60th |
|
Legislature, Regular Session, 1967 (Article 4413d-3, Vernon's |
|
Texas Civil Statutes), is repealed because a portion was revised in |
|
1975 as Section 12.010, Parks and Wildlife Code, and the remainder |
|
is obsolete. |
|
SECTION 19.015. (a) Subchapter B, Chapter 531, Government |
|
Code, is amended to codify Section 26, Chapter 1027 (H.B. 18), Acts |
|
of the 71st Legislature, Regular Session, 1989 (Article 4438g, |
|
Vernon's Texas Civil Statutes), by adding Section 531.02193 to read |
|
as follows: |
|
Sec. 531.02193. CERTAIN CONDITIONS ON MEDICAID |
|
REIMBURSEMENT OF RURAL HEALTH CLINICS PROHIBITED. The commission |
|
may not impose any condition on the reimbursement of a rural health |
|
clinic under the Medicaid program if the condition is more |
|
stringent than the conditions imposed by the Rural Health Clinic |
|
Services Act of 1977 (Pub. L. No. 95-210) or the laws of this state |
|
regulating the practice of medicine, pharmacy, or professional |
|
nursing. |
|
(b) Section 26, Chapter 1027 (H.B. 18), Acts of the 71st |
|
Legislature, Regular Session, 1989 (Article 4438g, Vernon's Texas |
|
Civil Statutes), is repealed. |
|
SECTION 19.016. Article 5311b, Revised Statutes, is |
|
repealed as executed. |
|
SECTION 19.017. Chapter 128 (S.B. 108), Acts of the 53rd |
|
Legislature, Regular Session, 1953 (Article 5382b-1, Vernon's |
|
Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.018. Chapter 399 (S.B. 238), Acts of the 57th |
|
Legislature, Regular Session, 1961 (Article 5421c-9, Vernon's |
|
Texas Civil Statutes), is repealed as executed. |
|
SECTION 19.019. The following provisions are repealed as |
|
executed: |
|
(1) Chapter 37 (H.B. 12), Acts of the 43rd |
|
Legislature, 3rd Called Session, 1934 (Article 5421f, Vernon's |
|
Texas Civil Statutes); and |
|
(2) Section 1, Chapter 191 (H.B. 56), Acts of the 47th |
|
Legislature, Regular Session, 1941 (Article 5421f-1, Vernon's |
|
Texas Civil Statutes). |
|
SECTION 19.020. Chapter 280 (S.B. 374), Acts of the 54th |
|
Legislature, Regular Session, 1955 (Article 5421o, Vernon's Texas |
|
Civil Statutes), is repealed as executed. |
|
SECTION 19.021. (a) Sections 11(b), (c), and (d), Chapter |
|
141, Acts of the 66th Legislature, Regular Session, 1979 (Article |
|
5920-11, Vernon's Texas Civil Statutes), are repealed as executed. |
|
(b) The headings to Sections 6, 11, and 21, Chapter 141, |
|
Acts of the 66th Legislature, Regular Session, 1979 (Article |
|
5920-11, Vernon's Texas Civil Statutes), are repealed as |
|
unnecessary. |
|
SECTION 19.022. Chapter 292 (H.B. 685), Acts of the 54th |
|
Legislature, Regular Session, 1955 (Article 6070f, Vernon's Texas |
|
Civil Statutes), is repealed as executed. |
|
SECTION 19.023. Chapter 466 (H.B. 1910), Acts of the 71st |
|
Legislature, Regular Session, 1989 (Article 6701j-2, Vernon's |
|
Texas Civil Statutes), is repealed because it was revised in 2003 as |
|
Section 1001.106, Education Code. |
|
SECTION 19.024. (a) Subchapter Z, Chapter 2175, |
|
Government Code, is amended to codify Article 9023d, Revised |
|
Statutes, by adding Section 2175.907 to read as follows: |
|
Sec. 2175.907. DISPOSAL OF COMPUTER EQUIPMENT BY CHARITABLE |
|
ORGANIZATION. (a) In this section: |
|
(1) "Computer equipment" includes computers, |
|
telecommunications devices and systems, automated information |
|
systems, and peripheral devices and hardware that are necessary to |
|
the efficient installation and operation of that equipment, but |
|
does not include computer software. |
|
(2) "Charitable organization" has the meaning |
|
assigned by Section 84.003, Civil Practice and Remedies Code. |
|
(b) Except as provided by Subsections (c) and (d), a |
|
charitable organization that expends funds received from the state, |
|
whether by appropriation, grant, or otherwise, to purchase computer |
|
equipment may not dispose of or discard the equipment before the |
|
fourth anniversary of the date the organization purchased the |
|
equipment. |
|
(c) This section does not prohibit: |
|
(1) the sale or trade of computer equipment; or |
|
(2) the disposal of equipment that is not operational. |
|
(d) A charitable organization may dispose of computer |
|
equipment purchased with state funds within the four-year period |
|
after the date of purchase by donating the equipment to another |
|
charitable organization. |
|
(e) This section applies only to computer equipment that a |
|
charitable organization purchases for at least $500. |
|
(f) The comptroller shall adopt rules to implement this |
|
section. |
|
(b) Article 9023d, Revised Statutes, is repealed. |
|
ARTICLE 20. CHANGES RELATING TO THE ESTATES CODE AND |
|
CODIFICATION OF THE TEXAS PROBATE CODE |
|
SECTION 20.001. Section 15.007, Civil Practice and Remedies |
|
Code, is amended to read as follows: |
|
Sec. 15.007. CONFLICT WITH CERTAIN PROVISIONS. |
|
Notwithstanding Sections 15.004, 15.005, and 15.031, to the extent |
|
that venue under this chapter for a suit by or against an executor, |
|
administrator, or guardian as such, for personal injury, death, or |
|
property damage conflicts with venue provisions under the Estates |
|
[Texas Probate] Code, this chapter controls. |
|
SECTION 20.002. Section 21.001(b), Estates Code, is amended |
|
to read as follows: |
|
(b) Consistent with the objectives of the statutory |
|
revision program, the purpose of this code[, except Subtitle X,
|
|
Title 2, and Subtitles Y and Z, Title 3,] is to make the law |
|
encompassed by this code[, except Subtitle X, 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. |
|
SECTION 20.003. Section 21.002, Estates Code, is amended to |
|
read as follows: |
|
Sec. 21.002. CONSTRUCTION. [(a)] Except as provided by |
|
[this section,] Section 22.027[,] or [Section] 1002.023, Chapter |
|
311, Government Code (Code Construction Act), applies to the |
|
construction of a provision of this code. |
|
[(b)
Chapter 311, Government Code (Code Construction Act),
|
|
does not apply to the construction of a provision of Subtitle X,
|
|
Title 2, or Subtitle Y or Z, Title 3.] |
|
SECTION 20.004. Section 21.003, Estates Code, is amended to |
|
read as follows: |
|
Sec. 21.003. STATUTORY REFERENCES. [(a)] A reference in a |
|
law other than in this code to a statute or a part of a statute |
|
revised by[, or redesignated as part of,] this code is considered to |
|
be a reference to the part of this code that revises that statute or |
|
part of that statute [or contains the redesignated statute or part
|
|
of the statute, as applicable]. |
|
[(b)
A reference in Subtitle X, 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, 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, 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 20.005. Section 21.005, Estates Code, is amended to |
|
read as follows: |
|
Sec. 21.005. APPLICABILITY OF CERTAIN LAWS. |
|
[(a)
Notwithstanding Section 21.002(b) of this code and Section
|
|
311.002, Government Code:
|
|
[(1)
Section 311.032(c), Government Code, applies to
|
|
Subtitle X, 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 X, Title 2, and Subtitles Y and
|
|
Z, Title 3.
|
|
[(b)] Chapter 132, Civil Practice and Remedies Code, does |
|
not apply to Subchapter C, Chapter 251. |
|
SECTION 20.006. Section 34.001(b), Estates Code, is amended |
|
to read as follows: |
|
(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, 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. |
|
SECTION 20.007. Section 1021.001(a), Estates Code, is |
|
amended to read as follows: |
|
(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. |
|
SECTION 20.008. Sections 34.306(a), (b), and (c), Finance |
|
Code, are amended to read as follows: |
|
(a) Subject to Subchapter B, Chapter 111, and Chapters 112 |
|
and 113, Estates [Chapter XI, Probate] Code, a bank may accept and |
|
administer a deposit account: |
|
(1) that is opened with the bank by one or more persons |
|
expressly as a trustee for one or more other named persons; and |
|
(2) for which further notice of the existence and |
|
terms of a trust is not given in writing to the bank. |
|
(b) For a deposit account that is opened with a bank by one |
|
or more persons expressly as a trustee for one or more other named |
|
persons under or purporting to be under a written trust agreement, |
|
the trustee may provide the bank with a certificate of trust to |
|
evidence the trust relationship. The certificate must be an |
|
affidavit of the trustee and must include the effective date of the |
|
trust, the name of the trustee, the name of or method for choosing |
|
successor trustees, the name and address of each beneficiary, the |
|
authority granted to the trustee, the disposition of the account on |
|
the death of the trustee or the survivor of two or more trustees, |
|
other information required by the bank, and an indemnification of |
|
the bank. The bank may accept and administer the account, subject |
|
to Subchapter B, Chapter 111, and Chapters 112 and 113, Estates |
|
[Chapter XI, Probate] Code, in accordance with the certificate of |
|
trust without requiring a copy of the trust agreement. The bank is |
|
not liable for administering the account as provided by the |
|
certificate of trust, even if the certificate of trust is contrary |
|
to the terms of the trust agreement, unless the bank has actual |
|
knowledge of the terms of the trust agreement. |
|
(c) On the death of the trustee or of the survivor of two or |
|
more trustees, the bank may pay all or part of the withdrawal value |
|
of the account with interest as provided by the certificate of |
|
trust. If the trustee did not deliver a certificate of trust, the |
|
bank's right to treat the account as owned by a trustee ceases on |
|
the death of the trustee. On the death of the trustee or of the |
|
survivor of two or more trustees, the bank, unless the certificate |
|
of trust provides otherwise, shall pay the withdrawal value of the |
|
account with interest in equal shares to the persons who survived |
|
the trustee, are named as beneficiaries in the certificate of |
|
trust, and can be located by the bank from its own records. If there |
|
is not a certificate of trust, payment of the withdrawal value and |
|
interest shall be made as provided by Subchapter B, Chapter 111, and |
|
Chapters 112 and 113, Estates [Chapter XI, Probate] Code. Any |
|
payment made under this section for all or part of the withdrawal |
|
value and interest discharges any liability of the bank to the |
|
extent of the payment. The bank may pay all or part of the |
|
withdrawal value and interest in the manner provided by this |
|
section, regardless of whether it has knowledge of a competing |
|
claim, unless the bank receives actual knowledge that payment has |
|
been restrained by court order. |
|
SECTION 20.009. Section 34.307(c), Finance Code, is amended |
|
to read as follows: |
|
(c) A bank may not exercise its right of set-off under this |
|
section against an account unless the account is due the depositor |
|
in the same capacity as the defaulted credit obligation. A trust |
|
account for which a depositor is trustee, including a trustee under |
|
a certificate of trust delivered under Section 34.306(b), is not |
|
subject to the right of set-off under this section unless the trust |
|
relationship is solely evidenced by the account card as provided by |
|
Subchapter B, Chapter 111, and Chapters 112 and 113, Estates |
|
[Chapter XI, Probate] Code. |
|
SECTION 20.010. Section 59.105, Finance Code, is amended to |
|
read as follows: |
|
Sec. 59.105. EFFECT OF SUBCHAPTER ON OTHER LAW. This |
|
subchapter does not affect Chapter 151, Estates [Sections 36B-36F,
|
|
Texas Probate] Code, or another statute of this state governing |
|
safe deposit boxes. |
|
SECTION 20.011. Section 95.011, Finance Code, is amended to |
|
read as follows: |
|
Sec. 95.011. APPLICABILITY OF ESTATES [PROBATE] CODE. The |
|
applicable provisions of Subchapter B, Chapter 111, and Chapters |
|
112 and 113, Estates [Chapter XI, Texas Probate] Code, govern |
|
deposit accounts held in a savings bank. |
|
SECTION 20.012. Section 123.207, Finance Code, is amended |
|
to read as follows: |
|
Sec. 123.207. FIDUCIARY POWERS. A credit union may: |
|
(1) act, under court order or appointment, as |
|
guardian, receiver, trustee, executor, or administrator without |
|
giving bond; |
|
(2) receive an investment from a person acting as a |
|
guardian, receiver, trustee, executor, or administrator under the |
|
Estates [Texas Probate] Code or Subtitle B, Title 9, Property Code; |
|
(3) act as depository for money paid to a court or |
|
constituting the estate of a deceased person, a minor, or an |
|
incompetent; |
|
(4) accept, execute, and administer a trust as |
|
trustee; |
|
(5) accept funds or money for deposit by a fiduciary, |
|
trustee, receiver, guardian, executor, or administrator; or |
|
(6) act as custodian or trustee of a pension or |
|
profit-sharing plan, including an individual retirement account or |
|
a pension fund of a self-employed individual or of the sponsor of a |
|
credit union. |
|
SECTION 20.013. Section 125.001, Finance Code, is amended |
|
to read as follows: |
|
Sec. 125.001. DEFINITION. In this chapter, "multiple-party |
|
account" has the meaning assigned by Section 113.004, Estates [436,
|
|
Texas Probate] Code, except that the term includes an account in |
|
which one or more of the parties is an organization, association, |
|
corporation, or partnership. |
|
SECTION 20.014. Section 125.308(a), Finance Code, is |
|
amended to read as follows: |
|
(a) The death of a trustee does not affect the ownership or |
|
disposition of a trust account unless: |
|
(1) the trust agreement provides otherwise; or |
|
(2) there is not a surviving trustee, and: |
|
(A) the account is a trust account subject to |
|
Subchapter B, Chapter 111, and Chapters 112 and 113, Estates |
|
[Chapter XI, Texas Probate] Code; or |
|
(B) written evidence of the terms of the trust |
|
does not exist. |
|
SECTION 20.015. Section 125.504(a), Finance Code, is |
|
amended to read as follows: |
|
(a) Except as otherwise provided by this section, Sections |
|
125.505 through 125.507, Chapter 151, Estates [Sections 36B through
|
|
36F, Texas Probate] Code, or other law, a credit union may not |
|
relocate a safe deposit box rented for a term of six months or |
|
longer if the box rental is not delinquent or may not open the box to |
|
relocate its contents to another location, unless: |
|
(1) the lessee is present when the box is opened or |
|
relocated; or |
|
(2) the lessee has given the credit union written |
|
authorization to relocate the box or to open the box for purposes of |
|
relocation. |
|
SECTION 20.016. Section 182.020(b), Finance Code, is |
|
amended to read as follows: |
|
(b) A foreign corporation or other entity chartered or |
|
domiciled in another jurisdiction as a trust company or depository |
|
institution with trust powers may act as a trustee in this state |
|
only as provided by Subchapter A, Chapter 505, Estates [Section
|
|
105A, Texas Probate] Code. |
|
SECTION 20.017. Section 187.002(b), Finance Code, is |
|
amended to read as follows: |
|
(b) Notwithstanding Subsection (a), a trust institution |
|
that does not maintain a principal office, branch, or trust office |
|
in this state may act as a fiduciary in this state to the extent |
|
permitted by Subchapter A, Chapter 505, Estates [Section 105A,
|
|
Probate] Code. |
|
SECTION 20.018. Section 187.201(a), Finance Code, is |
|
amended to read as follows: |
|
(a) An out-of-state trust institution may establish a |
|
representative trust office as permitted by this subchapter to: |
|
(1) solicit, but not accept, fiduciary appointments; |
|
(2) act as a fiduciary in this state to the extent |
|
permitted for a foreign corporate fiduciary by Subchapter A, |
|
Chapter 505, Estates [Section 105A, Probate] Code; |
|
(3) perform ministerial duties with respect to |
|
existing clients and accounts of the trust institution; |
|
(4) engage in an activity permitted by Section |
|
182.021; and |
|
(5) to the extent the office is not acting as a |
|
fiduciary: |
|
(A) receive for safekeeping personal property of |
|
every description; |
|
(B) act as assignee, bailee, conservator, |
|
custodian, escrow agent, registrar, receiver, or transfer agent; |
|
and |
|
(C) act as financial advisor, investment advisor |
|
or manager, agent, or attorney-in-fact in any agreed capacity. |
|
SECTION 20.019. Section 274.113(a), Finance Code, is |
|
amended to read as follows: |
|
(a) An action under this subchapter for a fiduciary account |
|
resulting from a decedent's estate or guardianship must be brought |
|
in the county provided for by the Estates [Texas Probate] Code with |
|
respect to the probate of a will, issuance of letters testamentary |
|
or of administration, administration of a decedent's estate, |
|
appointment of a guardian, and administration of a guardianship. |
|
SECTION 20.020. Section 74.098(b), Government Code, is |
|
amended to read as follows: |
|
(b) The court may appoint an attorney included on the list |
|
whose name does not appear first on the list or an attorney not |
|
included on the list if the appointment of that attorney as attorney |
|
ad litem is: |
|
(1) required on a complex matter because the attorney |
|
possesses relevant specialized education, training, certification, |
|
or skill; |
|
(2) made pursuant to the Family Code, Health and |
|
Safety Code, Human Resources Code, Texas Trust Code (Subtitle B, |
|
Title 9, Property Code), or Estates [Texas Probate] Code; or |
|
(3) agreed on by the parties and approved by the court. |
|
SECTION 20.021. Section 118.056, Local Government Code, as |
|
amended by Chapter 66 (H.B. 1136), Acts of the 76th Legislature, |
|
Regular Session, 1999, is amended by amending Subsection (d), as |
|
added by Chapter 399 (H.B. 819), Acts of the 80th Legislature, |
|
Regular Session, 2007, to read as follows: |
|
(d) The fee for filing an inventory and appraisement under |
|
Section 118.052(2)(B)(i) applies only if the instrument is filed |
|
after the 90th day after the date the personal representative has |
|
qualified to serve or, if the court grants an extension under |
|
Section 309.051, Estates [250, Texas Probate] Code, after the date |
|
of the extended deadline specified by the court. |
|
SECTION 20.022. Section 118.067(a), Local Government Code, |
|
is amended to read as follows: |
|
(a) The "supplemental court-initiated guardianship fee" |
|
under Section 118.052(2)(E) is for the support of the judiciary in |
|
guardianships initiated under Chapter 1102, Estates [Section 683,
|
|
Texas Probate] Code. Fees collected under Section 118.052(2)(E) |
|
shall be deposited in a court-initiated guardianship fund in the |
|
county treasury and may be used only to supplement, rather than |
|
supplant, other available county funds used to: |
|
(1) pay the compensation of a guardian ad litem |
|
appointed by a court under Section 1102.001, Estates [683, Texas
|
|
Probate] Code; |
|
(2) pay the compensation of an attorney ad litem |
|
appointed by a court to represent a proposed ward in a guardianship |
|
proceeding initiated under Chapter 1102, Estates [Section 683,
|
|
Texas Probate] Code; and |
|
(3) fund local guardianship programs that provide |
|
guardians for indigent incapacitated persons who do not have family |
|
members suitable and willing to serve as guardians. |
|
SECTION 20.023. The following are repealed: |
|
(1) Section 21.001(c), Estates Code; |
|
(2) the heading to Subchapter E, Chapter 255, Estates |
|
Code; |
|
(3) Subtitle X, Title 2, Estates Code; and |
|
(4) Subtitles Y and Z, Title 3, Estates Code. |
|
ARTICLE 21. REDESIGNATIONS |
|
SECTION 21.001. The following provisions of enacted codes |
|
are redesignated to eliminate duplicate citations or to relocate |
|
misplaced provisions: |
|
(1) Subdivision (26), Section 1.04, Alcoholic |
|
Beverage Code, as added by Chapter 1190 (S.B. 1090), Acts of the |
|
83rd Legislature, Regular Session, 2013, is redesignated as |
|
Subdivision (28), Section 1.04, Alcoholic Beverage Code. |
|
(2) Section 14.05, Alcoholic Beverage Code, as added |
|
by Chapter 195 (S.B. 642), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 14.06, Alcoholic Beverage |
|
Code. |
|
(3) Section 105.081, Alcoholic Beverage Code, as added |
|
by Chapter 535 (S.B. 518), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 105.082, Alcoholic |
|
Beverage Code. |
|
(4) Chapter 109, Business & Commerce Code, as added by |
|
Chapter 1013 (H.B. 2539), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Chapter 110, Business & Commerce |
|
Code, and Sections 109.001, 109.002, and 109.003, Business & |
|
Commerce Code, as added by that Act, are redesignated as Sections |
|
110.001, 110.002, and 110.003, Business & Commerce Code, |
|
respectively. |
|
(5) Chapter 140, Civil Practice and Remedies Code, as |
|
added by Chapter 1066 (H.B. 3241), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Chapter 140A, Civil |
|
Practice and Remedies Code, and Sections 140.001, 140.002, 140.003, |
|
140.004, 140.005, 140.006, 140.007, 140.008, 140.009, 140.010, |
|
140.011, 140.012, and 140.013, Civil Practice and Remedies Code, as |
|
added by that Act, are redesignated as Sections 140A.001, 140A.002, |
|
140A.003, 140A.004, 140A.005, 140A.006, 140A.007, 140A.008, |
|
140A.009, 140A.010, 140A.011, 140A.012, and 140A.013, Civil |
|
Practice and Remedies Code, respectively. |
|
(6) Subsection (a-1), Article 63.009, Code of Criminal |
|
Procedure, as added by Chapter 571 (S.B. 742), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(a-3), Article 63.009, Code of Criminal Procedure. |
|
(7) Section 7.064, Education Code, as added by Chapter |
|
1282 (H.B. 2012), Acts of the 83rd Legislature, Regular Session, |
|
2013, is redesignated as Section 7.065, Education Code. |
|
(8) Subsection (e), Section 21.044, Education Code, as |
|
added by Chapter 1282 (H.B. 2012), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (g), Section |
|
21.044, Education Code. |
|
(9) Subsection (d), Section 21.054, Education Code, as |
|
added by Chapter 1306 (H.B. 3793), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (g), Section |
|
21.054, Education Code. |
|
(10) Section 39.038, Education Code, as added by |
|
Chapter 1279 (H.B. 1675), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 39.040, Education Code. |
|
(11) Section 39.0545, Education Code, as added by |
|
Chapter 167 (S.B. 1538), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 39.0548, Education Code. |
|
(12) Section 39.084, Education Code, as added by |
|
Chapter 895 (H.B. 3), Acts of the 81st Legislature, Regular |
|
Session, 2009, is transferred to Subchapter A, Chapter 44, |
|
Education Code, and redesignated as Section 44.0051, Education |
|
Code. |
|
(13) Subsection (d), Section 51.406, Education Code, |
|
as added by Chapter 1312 (S.B. 59), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (e), Section |
|
51.406, Education Code. |
|
(14) Section 56.009, Education Code, as added by |
|
Chapter 1155 (S.B. 215), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 56.0091, Education Code. |
|
(15) Subchapter II, Chapter 61, Education Code, as |
|
added by Chapter 983 (H.B. 2099), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subchapter JJ, Chapter |
|
61, Education Code. |
|
(16) Subchapter II, Chapter 61, Education Code, as |
|
added by Chapter 1229 (S.B. 1720), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subchapter KK, Chapter |
|
61, Education Code. |
|
(17) Section 54.04011, Family Code, as added by |
|
Chapter 186 (S.B. 92), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 54.04012, Family Code. |
|
(18) Subsection (g), Section 264.121, Family Code, as |
|
added by Chapter 342 (H.B. 2111), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (h), Section |
|
264.121, Family Code. |
|
(19) Section 264.124, Family Code, as added by Chapter |
|
444 (S.B. 769), Acts of the 83rd Legislature, Regular Session, |
|
2013, is redesignated as Section 264.125, Family Code. |
|
(20) Section 72.031, Government Code, as added by |
|
Chapter 1249 (S.B. 1908), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 72.032, Government Code. |
|
(21) Subtitle K, Title 2, Government Code, as added by |
|
Chapter 42 (S.B. 966), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Subtitle L, Title 2, Government |
|
Code. |
|
(22) Subsection (e), Section 411.185, Government |
|
Code, as added by Chapter 665 (H.B. 1349), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(g), Section 411.185, Government Code. |
|
(23) Section 442.028, Government Code, as added by |
|
Chapter 376 (H.B. 3211), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 442.029, Government Code. |
|
(24) Section 501.023, Government Code, as added by |
|
Chapter 261 (H.B. 634), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 501.024, Government Code. |
|
(25) Subsection (e), Section 508.281, Government |
|
Code, as added by Chapter 1154 (S.B. 213), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(f), Section 508.281, Government Code. |
|
(26) Subdivision (7), Section 551.001, Government |
|
Code, as added by Chapter 685 (H.B. 2414), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subdivision |
|
(8), Section 551.001, Government Code. |
|
(27) Section 662.056, Government Code, as added by |
|
Chapter 51 (H.B. 419), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 662.057, Government Code. |
|
(28) Section 791.035, Government Code, as added by |
|
Chapter 1211 (S.B. 1411), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 791.036, Government Code. |
|
(29) Subchapter O, Chapter 2054, Government Code, as |
|
added by Chapter 32 (S.B. 1102), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subchapter N-1, Chapter |
|
2054, Government Code, and Sections 2054.551, 2054.552, 2054.553, |
|
and 2054.554, Government Code, as added by that Act, are |
|
redesignated as Sections 2054.511, 2054.512, 2054.513, and |
|
2054.514, Government Code, respectively. |
|
(30) Section 2267.005, Government Code, as added by |
|
Chapters 713 (H.B. 3436) and 1339 (S.B. 894), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Section |
|
2267.007, Government Code. |
|
(31) Chapter 169A, Health and Safety Code, is |
|
transferred to Subtitle K, Title 2, Government Code, as added by |
|
Chapter 747 (S.B. 462), Acts of the 83rd Legislature, Regular |
|
Session, 2013, and redesignated as Chapter 126, Government Code, |
|
and Sections 169A.001, 169A.002, 169A.0025, 169A.003, 169A.004, |
|
169A.005, 169A.0055, and 169A.006, Health and Safety Code, are |
|
redesignated as Sections 126.001, 126.002, 126.003, 126.004, |
|
126.005, 126.006, 126.007, and 126.008, Government Code, |
|
respectively. |
|
(32) Subchapter H, Chapter 241, Health and Safety |
|
Code, as added by Chapter 917 (H.B. 1376), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subchapter |
|
I, Chapter 241, Health and Safety Code, and Sections 241.181, |
|
241.182, 241.183, and 241.184, Health and Safety Code, as added by |
|
that Act, are redesignated as Sections 241.201, 241.202, 241.203, |
|
and 241.204, Health and Safety Code, respectively. |
|
(33) Subsection (g), Section 573.001, Health and |
|
Safety Code, as added by Chapter 776 (S.B. 1189), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(h), Section 573.001, Health and Safety Code. |
|
(34) Section 1001.078, Health and Safety Code, as |
|
added by Chapters 1147 (S.B. 126) and 1143 (S.B. 58), Acts of the |
|
83rd Legislature, Regular Session, 2013, is redesignated as Section |
|
1001.084, Health and Safety Code. |
|
(35) Subchapter H, Chapter 1001, Health and Safety |
|
Code, as added by Chapter 352 (H.B. 2392), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subchapter |
|
I, Chapter 1001, Health and Safety Code, and Sections 1001.201, |
|
1001.202, 1001.203, and 1001.204, Health and Safety Code, as added |
|
by that Act, are redesignated as Sections 1001.221, 1001.222, |
|
1001.223, and 1001.224, Health and Safety Code, respectively. |
|
(36) Section 152.0016, Human Resources Code, as added |
|
by Chapter 186 (S.B. 92), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 152.0017, Human Resources |
|
Code. |
|
(37) Subsection (f), Section 1355.015, Insurance |
|
Code, as added by Chapter 1359 (S.B. 1484), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(g), Section 1355.015, Insurance Code. |
|
(38) Subchapter F, Chapter 1369, Insurance Code, as |
|
added by Chapter 1328 (S.B. 644), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subchapter G, Chapter |
|
1369, Insurance Code, and Sections 1369.251, 1369.252, 1369.253, |
|
1369.254, 1369.255, and 1369.256, Insurance Code, as added by that |
|
Act, are redesignated as Sections 1369.301, 1369.302, 1369.303, |
|
1369.304, 1369.305, and 1369.306, Insurance Code, respectively. |
|
(39) Subsection (a-1), Section 204.022, Labor Code, as |
|
added by Chapter 888 (H.B. 916), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (a-2), Section |
|
204.022, Labor Code. |
|
(40) Section 379C.014, Local Government Code, as added |
|
by Chapter 1085 (H.B. 3447), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 379C.015, Local |
|
Government Code. |
|
(41) Chapter 385, Local Government Code, as added by |
|
Chapter 1204 (H.B. 3647), Acts of the 77th Legislature, Regular |
|
Session, 2001, is transferred to Subtitle C, Title 4, Special |
|
District Local Laws Code, and redesignated as Chapter 3875, Special |
|
District Local Laws Code, and Sections 385.001, 385.002, 385.003, |
|
385.004, 385.005, 385.006, 385.031, 385.032, 385.033, 385.034, |
|
385.035, 385.036, 385.037, 385.038, 385.039, 385.040, 385.071, |
|
385.072, 385.073, 385.074, 385.075, 385.076, 385.077, 385.078, |
|
385.079, 385.080, 385.111, 385.112, 385.113, 385.114, 385.115, |
|
385.131, 385.132, and 385.133, Local Government Code, as added by |
|
that Act, are redesignated as Sections 3875.001, 3875.002, |
|
3875.003, 3875.004, 3875.005, 3875.006, 3875.031, 3875.032, |
|
3875.033, 3875.034, 3875.035, 3875.036, 3875.037, 3875.038, |
|
3875.039, 3875.040, 3875.071, 3875.072, 3875.073, 3875.074, |
|
3875.075, 3875.076, 3875.077, 3875.078, 3875.079, 3875.080, |
|
3875.111, 3875.112, 3875.113, 3875.114, 3875.115, 3875.131, |
|
3875.132, and 3875.133, Special District Local Laws Code, |
|
respectively. |
|
(42) Section 501.163, Local Government Code, as added |
|
by Chapter 1295 (H.B. 2473), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 501.164, Local Government |
|
Code. |
|
(43) Section 55.005, Occupations Code, as added by |
|
Chapter 348 (H.B. 2254), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 55.008, Occupations Code. |
|
(44) Section 11.132, Tax Code, as added by Chapter 138 |
|
(S.B. 163), Acts of the 83rd Legislature, Regular Session, 2013, is |
|
redesignated as Section 11.133, Tax Code. |
|
(45) Subsection (b), Section 33.04, Tax Code, as added |
|
by Chapter 935 (H.B. 1597), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Subsection (b-1), Section 33.04, |
|
Tax Code. |
|
(46) Sections 171.651 and 171.652, Tax Code, as added |
|
by Chapter 1109 (H.B. 469), Acts of the 81st Legislature, Regular |
|
Session, 2009, and transferred, redesignated, and amended by |
|
Chapter 1003 (H.B. 2446), Acts of the 83rd Legislature, Regular |
|
Session, 2013, are redesignated as Sections 171.601 and 171.602, |
|
Tax Code, respectively. |
|
(47) Section 313.010, Tax Code, as added by Chapter |
|
1274 (H.B. 1223), Acts of the 83rd Legislature, Regular Session, |
|
2013, is redesignated as Section 313.009, Tax Code. |
|
(48) Section 225.091, Transportation Code, as added by |
|
Chapter 14 (S.B. 139), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.093, Transportation |
|
Code. |
|
(49) Section 225.091, Transportation Code, as added by |
|
Chapter 725 (H.B. 3946), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.094, Transportation |
|
Code. |
|
(50) Section 225.091, Transportation Code, as added by |
|
Chapter 177 (H.B. 1238), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.096, Transportation |
|
Code. |
|
(51) Section 225.091, Transportation Code, as added by |
|
Chapter 281 (H.B. 938), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.097, Transportation |
|
Code. |
|
(52) Section 225.091, Transportation Code, as added by |
|
Chapter 248 (H.B. 442), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.098, Transportation |
|
Code. |
|
(53) Section 225.091, Transportation Code, as added by |
|
Chapter 233 (H.B. 250), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.099, Transportation |
|
Code. |
|
(54) Section 225.092, Transportation Code, as added by |
|
Chapter 1110 (H.B. 3831), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.100, Transportation |
|
Code. |
|
(55) Section 225.092, Transportation Code, as added by |
|
Chapter 999 (H.B. 2356), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 225.101, Transportation |
|
Code. |
|
(56) Section 504.663, Transportation Code, as added by |
|
Chapter 1102 (H.B. 3677), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 504.664, Transportation |
|
Code. |
|
(57) Section 504.946, Transportation Code, as added by |
|
Chapter 809 (S.B. 1757), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 504.9465, Transportation |
|
Code. |
|
(58) Section 521.008, Transportation Code, as added by |
|
Chapter 1233 (S.B. 1729), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 521.009, Transportation |
|
Code. |
|
(59) Section 521.008, Transportation Code, as added by |
|
Chapter 868 (H.B. 633), Acts of the 83rd Legislature, Regular |
|
Session, 2013, is redesignated as Section 521.010, Transportation |
|
Code. |
|
(60) Subsection (l), Section 521.126, Transportation |
|
Code, as added by Chapter 67 (S.B. 166), Acts of the 83rd |
|
Legislature, Regular Session, 2013, is redesignated as Subsection |
|
(m), Section 521.126, Transportation Code. |
|
(61) Subchapter Q, Chapter 623, Transportation Code, |
|
as added by Chapter 635 (H.B. 474), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subchapter S, Chapter |
|
623, Transportation Code, and Sections 623.320, 623.321, 623.322, |
|
623.323, 623.324, 623.325, 623.326, 623.327, and 623.328, |
|
Transportation Code, as added by that Act, are redesignated as |
|
Sections 623.361, 623.362, 623.363, 623.364, 623.365, 623.366, |
|
623.367, 623.368, and 623.369, Transportation Code, respectively. |
|
(62) Subsection (m), Section 49.351, Water Code, as |
|
added by Chapter 991 (H.B. 2152), Acts of the 83rd Legislature, |
|
Regular Session, 2013, is redesignated as Subsection (n), Section |
|
49.351, Water Code. |
|
SECTION 21.002. The following changes are made to conform |
|
the provisions amended to the redesignating changes made by Section |
|
21.001 of this Act and to correct cross-references: |
|
(1) Subdivision (5), Section 140A.001, Civil Practice |
|
and Remedies Code, as redesignated from Subdivision (5), Section |
|
140.001, Civil Practice and Remedies Code, by Section 21.001 of |
|
this Act, is amended to read as follows: |
|
(5) "Racketeering" means an act described by Section |
|
140A.002 [140.002]. |
|
(2) Subsection (a), Section 140A.010, Civil Practice |
|
and Remedies Code, as redesignated from Subsection (a), Section |
|
140.010, Civil Practice and Remedies Code, by Section 21.001 of |
|
this Act, is amended to read as follows: |
|
(a) A district attorney, criminal district attorney, or |
|
county attorney with felony criminal jurisdiction that receives |
|
notice under Section 140A.009 [140.009] may notify the attorney |
|
general of a related pending criminal investigation or prosecution. |
|
(3) Section 140A.011, Civil Practice and Remedies |
|
Code, as redesignated from Section 140.011, Civil Practice and |
|
Remedies Code, by Section 21.001 of this Act, is amended to read as |
|
follows: |
|
Sec. 140A.011 [140.011]. ABATEMENT OF SUIT. If the |
|
district attorney, criminal district attorney, or county attorney |
|
with felony criminal jurisdiction determines that a suit brought |
|
under this chapter would interfere with an ongoing criminal |
|
investigation or prosecution after notifying the attorney general |
|
of the investigation or prosecution under Section 140A.010 |
|
[140.010], the district attorney, criminal district attorney, or |
|
county attorney with felony criminal jurisdiction may request, in |
|
writing, that the attorney general abate the suit. On receipt of |
|
this request, the attorney general shall abate the suit. |
|
(4) Subsection (b), Section 61.5391, Education Code, |
|
is amended to read as follows: |
|
(b) Money in the account may not be appropriated for any |
|
purpose except: |
|
(1) to provide loan repayment assistance to eligible |
|
physicians under this subchapter; or |
|
(2) to provide loan repayment assistance under |
|
Subchapter JJ [II] if reallocated under Section 61.9826. |
|
(5) Subsection (b), Section 54.0326, Family Code, is |
|
amended to read as follows: |
|
(b) A juvenile court may defer adjudication proceedings |
|
under Section 54.03 until the child's 18th birthday and require a |
|
child to participate in a program established under Section |
|
152.0017 [152.0016], Human Resources Code, if the child: |
|
(1) is alleged to have engaged in delinquent conduct |
|
or conduct indicating a need for supervision and may be a victim of |
|
conduct that constitutes an offense under Section 20A.02, Penal |
|
Code; and |
|
(2) presents to the court an oral or written request to |
|
participate in the program. |
|
(6) Subsection (b), Section 54.04012, Family Code, as |
|
redesignated from Subsection (b), Section 54.04011, Family Code, by |
|
Section 21.001 of this Act, is amended to read as follows: |
|
(b) A juvenile court may require a child adjudicated to have |
|
engaged in delinquent conduct or conduct indicating a need for |
|
supervision and who is believed to be a victim of conduct that |
|
constitutes an offense under Section 20A.02, Penal Code, to |
|
participate in a program established under Section 152.0017 |
|
[152.0016], Human Resources Code. |
|
(7) Subsection (c-7), Section 58.003, Family Code, is |
|
amended to read as follows: |
|
(c-7) Notwithstanding Subsections (a) and (c) and subject |
|
to Subsection (b), a juvenile court may order the sealing of records |
|
concerning a child found to have engaged in delinquent conduct or |
|
conduct indicating a need for supervision or taken into custody to |
|
determine whether the child engaged in delinquent conduct or |
|
conduct indicating a need for supervision if the child successfully |
|
completed a trafficked persons program under Section 152.0017 |
|
[152.0016], Human Resources Code. The court may: |
|
(1) order the sealing of the records immediately and |
|
without a hearing; or |
|
(2) hold a hearing to determine whether to seal the |
|
records. |
|
(8) Subsection (c), Section 126.005, Government Code, |
|
as redesignated from Subsection (c), Section 169A.004, Health and |
|
Safety Code, by Section 21.001 of this Act, is amended to read as |
|
follows: |
|
(c) A legislative committee may require a county that does |
|
not establish a prostitution prevention program under this chapter |
|
due to a lack of sufficient funding, as provided by Section |
|
126.007(c) [169A.0055(c)], to provide the committee with any |
|
documentation in the county's possession that concerns federal or |
|
state funding received by the county. |
|
(9) Subsection (d-1), Section 403.302, Government |
|
Code, is amended to read as follows: |
|
(d-1) For purposes of Subsection (d), a residence homestead |
|
that receives an exemption under Section 11.131 or 11.133 [11.132], |
|
Tax Code, in the year that is the subject of the study is not |
|
considered to be taxable property. |
|
(10) Subsections (b) and (c), Section 411.1408, |
|
Government Code, are amended to read as follows: |
|
(b) The commission is entitled to obtain from the department |
|
criminal history record information maintained by the department |
|
that relates to a person who is an applicant for or the holder of a |
|
certificate, registration, or license issued by the commission or |
|
otherwise under Subtitle L [K], Title 2. |
|
(c) Criminal history record information obtained by the |
|
commission under Subsection (b): |
|
(1) may be used by the commission for any purpose |
|
related to the issuance, denial, suspension, revocation, or renewal |
|
of a certificate, registration, or license issued by the commission |
|
or otherwise under Subtitle L [K], Title 2; |
|
(2) may not be released or disclosed to any person |
|
except: |
|
(A) on court order; |
|
(B) with the consent of the person who is the |
|
subject of the information; or |
|
(C) as authorized by Section 411.1386(a-6) of |
|
this code or Section 1104.404, Estates [698(a-6), Texas Probate] |
|
Code, if applicable; and |
|
(3) shall be destroyed by the commission after the |
|
information is used for the authorized purposes. |
|
(11) Subsection (a), Section 434.017, Government |
|
Code, is amended to read as follows: |
|
(a) The fund for veterans' assistance is a special fund in |
|
the state treasury outside the general revenue fund. The fund is |
|
composed of: |
|
(1) money transferred to the fund at the direction of |
|
the legislature; |
|
(2) gifts and grants contributed to the fund; |
|
(3) the earnings of the fund; |
|
(4) money transferred to the fund from proceeds of the |
|
lottery game operated under Section 466.027 or transferred to the |
|
fund under Section 466.408(b); |
|
(5) money deposited to the credit of the fund under |
|
Section 502.1746, Transportation Code; and |
|
(6) money deposited to the credit of the fund under |
|
Section 521.010 [521.008], Transportation Code. |
|
(12) Section 241.202, Health and Safety Code, as |
|
redesignated from Section 241.182, Health and Safety Code, by |
|
Section 21.001 of this Act, is amended to read as follows: |
|
Sec. 241.202 [241.182]. ADVERTISING. A facility described |
|
by Section 241.201 [241.181] may not advertise or hold itself out as |
|
a medical office, facility, or provider other than an emergency |
|
room if the facility charges for its services the usual and |
|
customary rate charged for the same service by a hospital emergency |
|
room in the same region of the state or located in a region of the |
|
state with comparable rates for emergency health care services. |
|
(13) Section 241.203, Health and Safety Code, as |
|
redesignated from Section 241.183, Health and Safety Code, by |
|
Section 21.001 of this Act, is amended to read as follows: |
|
Sec. 241.203 [241.183]. POSTED NOTICE. Subject to Section |
|
241.006, the department shall adopt rules for a notice to be posted |
|
in a conspicuous place in the facility described by Section 241.201 |
|
[241.181] that notifies prospective patients that the facility is |
|
an emergency room and charges rates comparable to a hospital |
|
emergency room. |
|
(14) Section 1369.303, Insurance Code, as |
|
redesignated from Section 1369.253, Insurance Code, by Section |
|
21.001 of this Act, is amended to read as follows: |
|
Sec. 1369.303 [1369.253]. EXCEPTION. This subchapter does |
|
not apply to: |
|
(1) a health benefit plan that provides coverage: |
|
(A) only for a specified disease or for another |
|
single benefit; |
|
(B) only for accidental death or dismemberment; |
|
(C) for wages or payments in lieu of wages for a |
|
period during which an employee is absent from work because of |
|
sickness or injury; |
|
(D) as a supplement to a liability insurance |
|
policy; |
|
(E) for credit insurance; |
|
(F) only for dental or vision care; |
|
(G) only for hospital expenses; or |
|
(H) only for indemnity for hospital confinement; |
|
(2) a Medicare supplemental policy as defined by |
|
Section 1882(g)(1), Social Security Act (42 U.S.C. Section 1395ss); |
|
(3) medical payment insurance coverage provided under |
|
a motor vehicle insurance policy; |
|
(4) a long-term care insurance policy, including a |
|
nursing home fixed indemnity policy, unless the commissioner |
|
determines that the policy provides benefit coverage so |
|
comprehensive that the policy is a health benefit plan as described |
|
by Section 1369.302 [1369.252]; |
|
(5) health and accident coverage provided by a risk |
|
pool created under Chapter 172, Local Government Code; or |
|
(6) a workers' compensation insurance policy. |
|
(15) Subsection (c), Section 1369.304, Insurance |
|
Code, as redesignated from Subsection (c), Section 1369.254, |
|
Insurance Code, by Section 21.001 of this Act, is amended to read as |
|
follows: |
|
(c) In prescribing a form under this section, the |
|
commissioner shall: |
|
(1) develop the form with input from the advisory |
|
committee on uniform prior authorization forms established under |
|
Section 1369.305 [1369.255]; and |
|
(2) take into consideration: |
|
(A) any form for requesting prior authorization |
|
of benefits that is widely used in this state or any form currently |
|
used by the department; |
|
(B) request forms for prior authorization of |
|
benefits established by the federal Centers for Medicare and |
|
Medicaid Services; and |
|
(C) national standards, or draft standards, |
|
pertaining to electronic prior authorization of benefits. |
|
(16) Subsections (a) and (c), Section 1369.305, |
|
Insurance Code, as redesignated from Subsections (a) and (c), |
|
Section 1369.255, Insurance Code, by Section 21.001 of this Act, |
|
are amended to read as follows: |
|
(a) The commissioner shall appoint a committee to advise the |
|
commissioner on the technical, operational, and practical aspects |
|
of developing the single, standard prior authorization form |
|
required under Section 1369.304 [1369.254] for requesting prior |
|
authorization of prescription drug benefits. |
|
(c) The commissioner shall consult the advisory committee |
|
with respect to any rule relating to a subject described by Section |
|
1369.304 [1369.254] or this section before adopting the rule and |
|
may consult the committee as needed with respect to a subsequent |
|
amendment of an adopted rule. |
|
(17) Subsections (a) and (b), Section 120.003, Natural |
|
Resources Code, are amended to read as follows: |
|
(a) An entity that applies to the commission under Section |
|
120.002 for a certification that a project operated by the entity |
|
meets the requirements for a clean energy project is responsible |
|
for conducting a monitoring, measuring, and verification process |
|
that demonstrates that the project complies with the requirements |
|
of Section 171.602(b)(4) [171.652(b)(4)], Tax Code. |
|
(b) The entity shall contract with the bureau for the bureau |
|
to: |
|
(1) design initial protocols and standards for the |
|
process described by Subsection (a); |
|
(2) review the conduct of the process described by |
|
Subsection (a) in order to make any necessary changes in the design |
|
of the protocols and standards; |
|
(3) evaluate the results of the process described by |
|
Subsection (a); |
|
(4) provide an evaluation of the results of the |
|
process described by Subsection (a) to the commission; and |
|
(5) determine whether to transmit to the comptroller |
|
the verification described by Section 171.602(b)(4), Tax |
|
[490.352(b)(4), Government] Code. |
|
(18) Subsection (a), Section 3875.031, Special |
|
District Local Laws Code, as redesignated from Subsection (a), |
|
Section 385.031, Local Government Code, by Section 21.001 of this |
|
Act, is amended to read as follows: |
|
(a) The district has all of the powers and duties provided |
|
by the general law of this state, including: |
|
(1) Subchapter E, Chapter 375, Local Government Code; |
|
(2) the general laws of this state on conservation and |
|
reclamation districts created under Section 59, Article XVI, Texas |
|
Constitution, including Chapters 49 and 54, Water Code; and |
|
(3) the general laws of this state on road districts |
|
and road utility districts created under Section 52(b)(3), Article |
|
III, Texas Constitution, including Chapter 441, Transportation |
|
Code. |
|
(19) Section 3875.033, Special District Local Laws |
|
Code, as redesignated from Section 385.033, Local Government Code, |
|
by Section 21.001 of this Act, is amended to read as follows: |
|
Sec. 3875.033 [385.033]. POWERS RELATED GENERALLY TO |
|
FINANCIAL AND TERRITORIAL MATTERS. The district may: |
|
(1) impose, assess, and apply the proceeds from a |
|
limited sales and use tax as authorized by Section 3875.111 |
|
[385.111] for authorized purposes; |
|
(2) borrow money for district purposes; |
|
(3) add or exclude territory in the manner provided by |
|
Subchapter J, Chapter 49, Water Code, as limited by Section 54.016, |
|
Water Code, except that: |
|
(A) for purposes of this subdivision, a reference |
|
in Subchapter J, Chapter 49, Water Code, or Section 54.016, Water |
|
Code, to a tax means an ad valorem tax; and |
|
(B) Section 54.016, Water Code, and Section |
|
42.042, Local Government Code, do not apply to the district's |
|
annexation of land restricted primarily to commercial or business |
|
use; |
|
(4) enter into a contract with any person for the |
|
accomplishment of any district purpose, including a contract for: |
|
(A) the payment, repayment, or reimbursement of |
|
any costs incurred by that person for or on behalf of the district, |
|
including all or part of the costs of any improvement project and |
|
interest on the reimbursed cost; or |
|
(B) the use, occupancy, lease, rental, |
|
operation, maintenance, or management of all or part of a proposed |
|
or existing improvement project; |
|
(5) apply for and contract with any person to receive, |
|
administer, and perform any duty or obligation of the district |
|
under any federal, state, local, or private gift, grant, loan, |
|
conveyance, transfer, bequest, donation, or other financial |
|
assistance arrangement relating to the investigation, planning, |
|
analysis, study, design, acquisition, construction, improvement, |
|
completion, implementation, or operation by the district or others |
|
of a proposed or existing improvement project; |
|
(6) establish, revise, repeal, enforce, collect, and |
|
apply the proceeds from user fees or charges for the enjoyment, |
|
sale, rental, or other use of the district's facilities, services, |
|
properties, or improvement projects; |
|
(7) provide or secure the payment or repayment of the |
|
costs and expenses of the establishment, administration, and |
|
operation of the district and the district's costs or share of the |
|
costs of any improvement project or district contractual obligation |
|
or indebtedness by or through a lease, installment purchase |
|
contract, or other agreement with any person, or the levy and |
|
assessment of taxes, user fees, concessions, rentals, or other |
|
revenues or resources of the district; |
|
(8) undertake separately or jointly with other persons |
|
all or part of the cost of an improvement project, including an |
|
improvement project: |
|
(A) for improving, enhancing, and supporting |
|
public safety and security, fire protection and emergency medical |
|
services, and law enforcement within and adjacent to the district; |
|
or |
|
(B) that confers a general benefit on the entire |
|
district or a special benefit on a definable part of the district; |
|
and |
|
(9) impose, collect, and apply the proceeds from a |
|
hotel occupancy tax as provided by Sections 3875.112 [385.112] and |
|
3875.113 [385.113]. |
|
(20) Section 3875.036, Special District Local Laws |
|
Code, as redesignated from Section 385.036, Local Government Code, |
|
by Section 21.001 of this Act, is amended to read as follows: |
|
Sec. 3875.036 [385.036]. ECONOMIC DEVELOPMENT. The |
|
district may exercise the economic development powers and authority |
|
that Chapter 380, Local Government Code, provides to a municipality |
|
with a population of more than 100,000, and Chapter 1509, |
|
Government Code, provides to a municipality. |
|
(21) Section 3875.071, Special District Local Laws |
|
Code, as redesignated from Section 385.071, Local Government Code, |
|
by Section 21.001 of this Act, is amended to read as follows: |
|
Sec. 3875.071 [385.071]. BOARD OF DIRECTORS. Except as |
|
provided by this subchapter, the district is governed by a board of |
|
five directors elected by the voters of the district at large. |
|
Except as provided by Sections 3875.073(b) [385.073(b)] and |
|
3875.074 [385.074], directors serve staggered terms of four years |
|
and until their successors have been elected and have qualified. |
|
(22) Subsection (c), Section 3875.112, Special |
|
District Local Laws Code, as redesignated from Subsection (c), |
|
Section 385.112, Local Government Code, by Section 21.001 of this |
|
Act, is amended to read as follows: |
|
(c) Subchapter A, Chapter 352, Tax Code, governs a hotel |
|
occupancy tax authorized under this section, including the |
|
collection of the tax, except as inconsistent with this section and |
|
Section 3875.113 [385.113], subject to the limitations prescribed |
|
by Sections 352.002(b) and (c), Tax Code. |
|
(23) Subsections (a) and (b), Section 3875.113, |
|
Special District Local Laws Code, as redesignated from Subsections |
|
(a) and (b), Section 385.113, Local Government Code, by Section |
|
21.001 of this Act, are amended to read as follows: |
|
(a) The district shall apply the proceeds from a hotel |
|
occupancy tax imposed under Section 3875.112 [385.112] for any of |
|
the district's purposes and for the purposes described by Section |
|
352.1015, Tax Code, to the extent considered appropriate by the |
|
board. |
|
(b) During each interval of three calendar years following |
|
the date on which a hotel occupancy tax imposed under Section |
|
3875.112 [385.112] is initially collected, the board may not apply |
|
an annual average of more than 10 percent of the amount of tax |
|
collected under that section, excluding any interest earnings or |
|
investment profits and after a deduction for the costs of imposing |
|
and collecting the taxes, for the administrative expenses of the |
|
district or a district purpose other than: |
|
(1) the costs of advertising and promoting tourism; or |
|
(2) the costs of business development and commerce, |
|
including the costs of planning, designing, constructing, |
|
acquiring, leasing, financing, owning, operating, maintaining, |
|
managing, improving, repairing, rehabilitating, or reconstructing |
|
improvement projects for conferences, conventions, and |
|
exhibitions, manufacturer, consumer, or trade shows, and civic, |
|
community, or institutional events. |
|
(24) Subsections (a) and (c), Section 3875.114, |
|
Special District Local Laws Code, as redesignated from Subsections |
|
(a) and (c), Section 385.114, Local Government Code, by Section |
|
21.001 of this Act, are amended to read as follows: |
|
(a) The district may issue bonds in the manner provided by |
|
Subchapter J, Chapter 375, Local Government Code. Sections 375.207 |
|
and 375.208, Local Government Code, do not apply to bonds issued |
|
under this section. |
|
(c) In addition to the sources of money described by |
|
Subchapter J, Chapter 375, Local Government Code, the bonds of the |
|
district may be secured and made payable, wholly or partly, by a |
|
pledge of any part of the net proceeds the district receives from |
|
the sales and use tax authorized by Section 3875.111 [385.111] and |
|
the hotel occupancy tax authorized by Section 3875.112 [385.112]. |
|
(25) Subsection (c), Section 11.42, Tax Code, is |
|
amended to read as follows: |
|
(c) An exemption authorized by Section 11.13(c) or (d), [or] |
|
11.132, or 11.133 is effective as of January 1 of the tax year in |
|
which the person qualifies for the exemption and applies to the |
|
entire tax year. |
|
(26) Subsection (c), Section 11.43, Tax Code, is |
|
amended to read as follows: |
|
(c) An exemption provided by Section 11.13, 11.131, 11.132, |
|
11.133, 11.17, 11.18, 11.182, 11.1827, 11.183, 11.19, 11.20, 11.21, |
|
11.22, 11.23(h), (j), or (j-1), 11.231, 11.254, 11.271, 11.29, |
|
11.30, 11.31, or 11.315, once allowed, need not be claimed in |
|
subsequent years, and except as otherwise provided by Subsection |
|
(e), the exemption applies to the property until it changes |
|
ownership or the person's qualification for the exemption changes. |
|
However, the chief appraiser may require a person allowed one of the |
|
exemptions in a prior year to file a new application to confirm the |
|
person's current qualification for the exemption by delivering a |
|
written notice that a new application is required, accompanied by |
|
an appropriate application form, to the person previously allowed |
|
the exemption. |
|
(27) Subsection (a), Section 11.431, Tax Code, is |
|
amended to read as follows: |
|
(a) The chief appraiser shall accept and approve or deny an |
|
application for a residence homestead exemption, including an |
|
exemption under Section 11.131 or 11.132 for the residence |
|
homestead of a disabled veteran or the surviving spouse of a |
|
disabled veteran or an exemption under Section 11.133 [11.132] for |
|
the residence homestead of the surviving spouse of a member of the |
|
armed services of the United States who is killed in action, after |
|
the deadline for filing it has passed if it is filed not later than |
|
one year after the delinquency date for the taxes on the homestead. |
|
(28) Subsection (b), Section 26.10, Tax Code, is |
|
amended to read as follows: |
|
(b) If the appraisal roll shows that a residence homestead |
|
exemption under Section 11.13(c) or (d), [or] 11.132, or 11.133 |
|
applicable to a property on January 1 of a year terminated during |
|
the year and if the owner of the property qualifies a different |
|
property for one of those residence homestead exemptions during the |
|
same year, the tax due against the former residence homestead is |
|
calculated by: |
|
(1) subtracting: |
|
(A) the amount of the taxes that otherwise would |
|
be imposed on the former residence homestead for the entire year had |
|
the owner qualified for the residence homestead exemption for the |
|
entire year; from |
|
(B) the amount of the taxes that otherwise would |
|
be imposed on the former residence homestead for the entire year had |
|
the owner not qualified for the residence homestead exemption |
|
during the year; |
|
(2) multiplying the remainder determined under |
|
Subdivision (1) by a fraction, the denominator of which is 365 and |
|
the numerator of which is the number of days that elapsed after the |
|
date the exemption terminated; and |
|
(3) adding the product determined under Subdivision |
|
(2) and the amount described by Subdivision (1)(A). |
|
(29) Section 26.112, Tax Code, is amended to read as |
|
follows: |
|
Sec. 26.112. CALCULATION OF TAXES ON RESIDENCE HOMESTEAD OF |
|
CERTAIN PERSONS. (a) Except as provided by Section 26.10(b), if |
|
at any time during a tax year property is owned by an individual who |
|
qualifies for an exemption under Section 11.13(c) or (d) or 11.133 |
|
[11.132], the amount of the tax due on the property for the tax year |
|
is calculated as if the individual qualified for the exemption on |
|
January 1 and continued to qualify for the exemption for the |
|
remainder of the tax year. |
|
(b) If an individual qualifies for an exemption under |
|
Section 11.13(c) or (d) or 11.133 [11.132] with respect to the |
|
property after the amount of the tax due on the property is |
|
calculated and the effect of the qualification is to reduce the |
|
amount of the tax due on the property, the assessor for each taxing |
|
unit shall recalculate the amount of the tax due on the property and |
|
correct the tax roll. If the tax bill has been mailed and the tax on |
|
the property has not been paid, the assessor shall mail a corrected |
|
tax bill to the person in whose name the property is listed on the |
|
tax roll or to the person's authorized agent. If the tax on the |
|
property has been paid, the tax collector for the taxing unit shall |
|
refund to the person who paid the tax the amount by which the |
|
payment exceeded the tax due. |
|
(30) Subsection (b), Section 251.151, Transportation |
|
Code, is amended to read as follows: |
|
(b) The commissioners court of a county may by order apply |
|
the county's traffic regulations to a public road in the county that |
|
is owned, operated, and maintained by a special district and |
|
located wholly or partly in the county if the commissioners court |
|
and the board of the district have entered into an interlocal |
|
contract under Section 791.036 [791.035], Government Code. |
|
(31) Section 521.428, Transportation Code, is amended |
|
to read as follows: |
|
Sec. 521.428. COUNTY FEE. A county that provides services |
|
under an agreement described by Section 521.009 [521.008] may |
|
collect an additional fee of up to $5 for each transaction provided |
|
that relates to driver's license and personal identification |
|
certificate services only. |
|
(32) Section 623.362, Transportation Code, as |
|
redesignated from Section 623.321, Transportation Code, by Section |
|
21.001 of this Act, is amended to read as follows: |
|
Sec. 623.362 [623.321]. DEFINITION. In this subchapter, |
|
"authority" means the regional mobility authority authorized to |
|
issue permits under Section 623.363 [623.322]. |
|
(33) Subsection (b), Section 623.364, Transportation |
|
Code, as redesignated from Subsection (b), Section 623.323, |
|
Transportation Code, by Section 21.001 of this Act, is amended to |
|
read as follows: |
|
(b) Fees collected under Subsection (a) shall be used only |
|
for the construction and maintenance of the roads described by or |
|
designated under Section 623.363 [623.322] and for the authority's |
|
administrative costs, which may not exceed 15 percent of the fees |
|
collected. The authority shall make payments to the Texas |
|
Department of Transportation to provide funds for the maintenance |
|
of roads and highways subject to this subchapter. |
|
(34) Subsection (a), Section 623.365, Transportation |
|
Code, as redesignated from Subsection (a), Section 623.324, |
|
Transportation Code, by Section 21.001 of this Act, is amended to |
|
read as follows: |
|
(a) A permit issued under this subchapter must include: |
|
(1) the name of the applicant; |
|
(2) the date of issuance; |
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(3) the signature of the designated agent for the |
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authority; |
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(4) a statement of the kind of cargo being |
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transported, the maximum weight and dimensions of the equipment, |
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and the kind and weight of each commodity to be transported; |
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(5) a statement: |
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(A) that the gross weight of the vehicle for |
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which a permit is issued may not exceed 125,000 pounds; and |
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(B) of any other condition on which the permit is |
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issued; |
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(6) a statement that the cargo may be transported in |
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Hidalgo County only over the roads described by or designated under |
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Section 623.363 [623.322]; and |
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(7) the location where the cargo was loaded. |
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ARTICLE 22. EFFECTIVE DATE |
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SECTION 22.001. Except as otherwise provided by this Act, |
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this Act takes effect September 1, 2015. |