Bill Text: TX HB2662 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the elimination of certain regulations waived during the coronavirus disease (COVID-19) pandemic.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2021-03-17 - Referred to State Affairs [HB2662 Detail]
Download: Texas-2021-HB2662-Introduced.html
87R2922 KKR-D | ||
By: Krause | H.B. No. 2662 |
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relating to the elimination of certain regulations waived during | ||
the coronavirus disease (COVID-19) pandemic. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. ALCOHOLIC BEVERAGE CODE | ||
SECTION 1.01. Chapter 1, Alcoholic Beverage Code, is | ||
amended by adding Section 1.021 to read as follows: | ||
Sec. 1.021. CONSTRUCTION OF CODE: DELIVERY OF CERTAIN | ||
MERCHANDISE. Notwithstanding any other law, a provision of this | ||
code may not be construed to prohibit the delivery of food and other | ||
merchandise to a grocery store using a vehicle owned or operated by | ||
a person holding a permit or license under this code. | ||
SECTION 1.02. Section 6.04(a), Alcoholic Beverage Code, is | ||
amended to read as follows: | ||
(a) Notwithstanding any other provision of this code, for | ||
[ |
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expires after March 1, 2020, the holder of the license or permit may | ||
renew the license or permit rather than reapply for an original | ||
license or permit if, anytime [ |
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the date of the expiration of the license or permit, the holder | ||
files a renewal application and the required license or permit fee | ||
with the commission [ |
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the commission. The commission may not charge a late fee for a | ||
renewal application filed in accordance with this subsection. | ||
SECTION 1.03. The heading to Section 28.1001, Alcoholic | ||
Beverage Code, is amended to read as follows: | ||
Sec. 28.1001. PICKUP AND [ |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. | ||
SECTION 1.04. Section 28.1001, Alcoholic Beverage Code, is | ||
amended by amending Subsections (a), (c), and (d) and adding | ||
Subsections (a-1), (a-2), and (e) to read as follows: | ||
(a) In this section: | ||
(1) "Passenger area of a motor vehicle" has the | ||
meaning assigned by Section 49.031, Penal Code. | ||
(2) "Tamper-proof container" means a closed cup or | ||
similar container that is sealed with tape and placed into a bag | ||
that has been sealed with a zip tie. | ||
(a-1) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may deliver, or have delivered by | ||
a third party, including an independent contractor acting under | ||
Chapter 57, an alcoholic beverage from the permitted premises to an | ||
ultimate consumer located off-premises and in an area where the | ||
sale of the beverage is legal if: | ||
(1) [ |
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[ |
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[ |
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(A) a malt beverage [ |
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delivered in an original container sealed by the manufacturer; or | ||
(B) an alcoholic beverage other than a malt | ||
beverage [ |
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(i) is[ |
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single-serving container sealed by the manufacturer and not larger | ||
than 375 milliliters; or | ||
(ii) the permit holder mixes with other | ||
beverages and stores in a tamper-proof container that is clearly | ||
labeled with the permit holder's business name and the words | ||
"alcoholic beverage"; and | ||
(2) [ |
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premises that is permitted or licensed under this code. | ||
(a-2) Notwithstanding any other provision of this code, the | ||
holder of a mixed beverage permit may allow an ultimate consumer to | ||
pick up an alcoholic beverage described by Subsection (a-1)(1) and | ||
remove the beverage from the permitted premises. | ||
(c) An alcoholic beverage picked up or [ |
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under this section may be provided only to a person who is 21 years | ||
of age or older after the person picking up the alcoholic beverage | ||
or accepting the delivery presents valid proof of identity and age | ||
and: | ||
(1) the person picking up the alcoholic beverage or | ||
accepting the delivery personally signs a receipt, which may be | ||
electronic, acknowledging the pickup or delivery; or | ||
(2) the person providing the beverage for pickup or | ||
making the delivery acknowledges the completion of the pickup or | ||
delivery through a software application. | ||
(d) This section does not authorize the holder of a brewpub | ||
license who also holds a wine and malt beverage [ |
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permit to deliver alcoholic beverages directly to ultimate | ||
consumers for off-premise consumption at a location other than the | ||
licensed premises. | ||
(e) A person who picks up or delivers an alcoholic beverage | ||
described by Subsection (a-1)(1)(B)(ii) may not transport the | ||
alcoholic beverage in the passenger area of a motor vehicle. | ||
ARTICLE 2. EDUCATION CODE | ||
SECTION 2.01. Section 18.006(b), Education Code, is amended | ||
to read as follows: | ||
(b) In addition to other factors determined to be | ||
appropriate by the commissioner, the accountability system must | ||
include consideration of: | ||
(1) student performance on the [ |
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assessment instruments administered under [ |
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39.023(c); and | ||
(2) dropout rates, including dropout rates and diploma | ||
program completion rates for the grade levels served by the diploma | ||
program. | ||
SECTION 2.02. Section 25.005(b), Education Code, is amended | ||
to read as follows: | ||
(b) A reciprocity agreement must: | ||
(1) address procedures for: | ||
(A) transferring student records; | ||
(B) awarding credit for completed course work; | ||
and | ||
(C) permitting a student to satisfy the | ||
requirements of Section 39.025 through successful performance on | ||
comparable [ |
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instruments administered in another state; and | ||
(2) include appropriate criteria developed by the | ||
agency. | ||
SECTION 2.03. Section 28.014(a), Education Code, is amended | ||
to read as follows: | ||
(a) Each school district shall partner with at least one | ||
institution of higher education to develop and provide courses in | ||
college preparatory mathematics and English language arts. The | ||
courses must be designed: | ||
(1) for students at the 12th grade level whose | ||
performance on: | ||
(A) an [ |
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administered [ |
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college readiness standards; or | ||
(B) coursework, a college entrance examination, | ||
or an assessment instrument designated under Section 51.334 | ||
indicates that the student is not ready to perform entry-level | ||
college coursework; and | ||
(2) to prepare students for success in entry-level | ||
college courses. | ||
SECTION 2.04. Section 28.0211(o), Education Code, is | ||
amended to read as follows: | ||
(o) This section does not require the administration of | ||
a fifth [ |
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Section 39.023(a) to a student enrolled in the fifth [ |
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grade[ |
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[ |
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for students above the student's grade level and will be | ||
administered an assessment instrument adopted or developed under | ||
Section 39.023(a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
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[ |
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SECTION 2.05. Section 28.023(c), Education Code, is amended | ||
to read as follows: | ||
(c) A school district shall give a student in grade level | ||
six or above credit for a subject on the basis of an examination for | ||
credit in the subject approved by the board of trustees under | ||
Subsection (a) if the student scores in the 80th percentile or above | ||
on the examination or if the student achieves a score as provided by | ||
Subsection (c-1). If a student is given credit in a subject on the | ||
basis of an examination, the district shall enter the examination | ||
score on the student's transcript [ |
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SECTION 2.06. Sections 28.025(b-4) and (c-8), Education | ||
Code, are amended to read as follows: | ||
(b-4) A school district may offer the curriculum described | ||
in Subsections (b-1)(1) through (4) in an applied manner. Courses | ||
delivered in an applied manner must cover the essential knowledge | ||
and skills[ |
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(c-8) For purposes of Subsection (c-7), the admission, | ||
review, and dismissal committee of a student in a special education | ||
program under Subchapter A, Chapter 29, shall determine whether the | ||
student is required to achieve satisfactory performance on an | ||
[ |
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39.023(c) to earn an endorsement on the student's transcript. | ||
SECTION 2.07. Section 28.0255, Education Code, is amended | ||
by amending Subsections (g) and (h) and adding Subsection (g-1) to | ||
read as follows: | ||
(g) A student entering the ninth grade for the first time | ||
beginning with the 2021-2022 school year is entitled to a high | ||
school diploma if the student: | ||
(1) successfully complies with the curriculum | ||
requirements specified under Subsection (e); and | ||
(2) performs satisfactorily, as determined by the | ||
commissioner under Subsection (h), on each [ |
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assessment instrument selected [ |
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39.023(c) by the school district [ |
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is [ |
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(g-1) A student other than a student described by Subsection | ||
(g) is entitled to a high school diploma if the student: | ||
(1) successfully complies with the curriculum | ||
requirements specified under Subsection (e); and | ||
(2) performs satisfactorily, as determined by the | ||
commissioner under Subsection (h), on: | ||
(A) each assessment instrument selected under | ||
Section 39.023(c) by the school district in which the student is | ||
enrolled; or | ||
(B) assessment instruments listed under Section | ||
39.023(c), as that section existed before amendment by _.B. ___, | ||
Acts of the 87th Legislature, Regular Session, 2021, for courses in | ||
which the student was enrolled. | ||
(h) For purposes of Subsections [ |
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(g-1)(2), the commissioner shall determine the level of | ||
satisfactory performance on applicable [ |
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instruments administered to a student. | ||
SECTION 2.08. Section 28.0258, Education Code, is amended | ||
by amending Subsections (a), (b), (f), (h), (j), and (k) and adding | ||
Subsections (m) and (n) to read as follows: | ||
(a) This section applies only to an 11th or 12th grade | ||
student who has failed to comply with the [ |
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assessment instrument performance requirements under Section | ||
39.025 for not more than two subjects identified under Section | ||
39.023(c) [ |
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(b) For each student to whom this section applies, the | ||
school district that the student attends shall establish an | ||
individual graduation committee at the end of or after the | ||
student's 11th grade year to determine whether the student may | ||
qualify to graduate as provided by this section. A student may not | ||
qualify to graduate under this section before the student's 12th | ||
grade year. The committee shall be composed of: | ||
(1) the principal or principal's designee; | ||
(2) for each subject identified under Section | ||
39.023(c) for [ |
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student failed to perform satisfactorily on the appropriate | ||
corresponding required assessment instrument, a [ |
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the student in that subject, designated by the principal [ |
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(3) the department chair or lead teacher supervising | ||
the teacher described by Subdivision (2); and | ||
(4) as applicable: | ||
(A) the student's parent or person standing in | ||
parental relation to the student; | ||
(B) a designated advocate described by | ||
Subsection (c) if the person described by Paragraph (A) is unable to | ||
serve; or | ||
(C) the student, at the student's option, if the | ||
student is at least 18 years of age or is an emancipated minor. | ||
(f) Notwithstanding any other law, a student's individual | ||
graduation committee established under this section shall | ||
recommend additional requirements by which the student may qualify | ||
to graduate, including: | ||
(1) additional remediation; and | ||
(2) for each [ |
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required under Section 39.023(c) on which the student failed to | ||
perform satisfactorily: | ||
(A) the completion of a project related to the | ||
subject area [ |
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subject area; or | ||
(B) the preparation of a portfolio of work | ||
samples in the subject area [ |
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[ |
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(h) In determining whether a student for whom an individual | ||
graduation committee is established is qualified to graduate, the | ||
committee shall consider: | ||
(1) the recommendation of the student's teacher in | ||
each course of the subject for which the student failed to perform | ||
satisfactorily on an [ |
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(2) the student's grade in each course of the subject | ||
for which the student failed to perform satisfactorily on an | ||
[ |
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(3) the student's score on each [ |
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assessment instrument required under Section 39.023(c) on which the | ||
student failed to perform satisfactorily; | ||
(4) the student's performance on any additional | ||
requirements recommended by the committee under Subsection (f); | ||
(5) the number of hours of remediation that the | ||
student has attended, including[ |
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[ |
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[ |
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a transitional college course in reading or mathematics; | ||
(6) the student's school attendance rate; | ||
(7) the student's satisfaction of any of the Texas | ||
Success Initiative (TSI) college readiness benchmarks prescribed | ||
by the Texas Higher Education Coordinating Board; | ||
(8) the student's successful completion of a dual | ||
credit course in English, mathematics, science, or social studies; | ||
(9) the student's successful completion of a high | ||
school pre-advanced placement, advanced placement, or | ||
international baccalaureate program course in English, | ||
mathematics, science, or social studies; | ||
(10) the student's rating of advanced high on the most | ||
recent high school administration of the Texas English Language | ||
Proficiency Assessment System; | ||
(11) the student's score of 50 or greater on a | ||
College-Level Examination Program examination; | ||
(12) the student's score on: | ||
(A) the ACT or[ |
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considered under Subdivision (3); or | ||
(B) the Armed Services Vocational Aptitude | ||
Battery test; | ||
(13) the student's completion of a sequence of courses | ||
under a career and technical education program required to attain | ||
an industry-recognized credential or certificate; | ||
(14) the student's overall preparedness for | ||
postsecondary success; and | ||
(15) any other academic information designated for | ||
consideration by the board of trustees of the school district. | ||
(j) Notwithstanding any action taken by an individual | ||
graduation committee under this section, a school district shall | ||
administer an [ |
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Section 39.023(c) to any student who fails to perform | ||
satisfactorily on an [ |
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required under Section 39.023(c) as provided by Section 39.025(b). | ||
For purposes of Section 39.053(c)(1), an assessment instrument | ||
administered as provided by this subsection is considered an | ||
assessment instrument required for graduation retaken by a student. | ||
(k) The commissioner shall adopt rules as necessary to | ||
administer [ |
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(m) For a student subject to Section 39.025(f-3)(1): | ||
(1) for purposes of Subsection (a), this section | ||
applies only to an 11th or 12th grade student who has failed to | ||
comply with the end-of-course assessment instrument performance | ||
requirements under Section 39.025, as that section existed before | ||
amendment by __.B. ___, Acts of the 87th Legislature, Regular | ||
Session, 2021, for not more than two courses listed in Section | ||
39.023(c), as that section existed before amendment by _.B. ___, | ||
Acts of the 87th Legislature, Regular Session, 2021; | ||
(2) for purposes of the composition of an individual | ||
graduation committee under Subsection (b)(2), the committee shall | ||
include the teacher of the course for each end-of-course assessment | ||
instrument described by Subdivision (1) for which the student | ||
failed to perform satisfactorily; | ||
(3) for purposes of Subsection (h)(1), an individual | ||
graduation committee shall consider the recommendation of the | ||
teacher described by Subdivision (2); and | ||
(4) for purposes of Subsection (h)(2), an individual | ||
graduation committee shall consider the student's grade in each | ||
course described by Subdivision (2). | ||
(n) Subsection (m) and this subsection expire September 1, | ||
2025. | ||
SECTION 2.09. Sections 29.081(b) and (b-1), Education Code, | ||
are amended to read as follows: | ||
(b) Each district shall provide accelerated instruction to | ||
a student enrolled in the district who has taken an [ |
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assessment instrument administered under Section 39.023(c) and has | ||
not performed satisfactorily on the assessment instrument or who is | ||
at risk of dropping out of school. | ||
(b-1) Each school district shall offer before the next | ||
scheduled administration of the assessment instrument, without | ||
cost to the student, additional accelerated instruction to each | ||
student in any subject in which the student failed to perform | ||
satisfactorily on an [ |
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required for graduation. | ||
SECTION 2.10. Section 29.087(f), Education Code, is amended | ||
to read as follows: | ||
(f) A student participating in a program authorized by this | ||
section, other than a student ordered to participate under | ||
Subsection (d)(1), must have taken any [ |
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[ |
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Section 39.023(c) that is administered before the student enters | ||
[ |
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[ |
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the period in which the student is enrolled in the program. Except | ||
for a student ordered to participate under Subsection (d)(1), a | ||
student participating in the program may not take the high school | ||
equivalency examination unless the student has taken the assessment | ||
instruments required by this subsection. | ||
SECTION 2.11. Section 29.402(b), Education Code, is amended | ||
to read as follows: | ||
(b) A person who is under 26 years of age is eligible to | ||
enroll in a dropout recovery program under this subchapter if the | ||
person: | ||
(1) must complete not more than three course credits | ||
to complete the curriculum requirements for the foundation high | ||
school program for high school graduation; or | ||
(2) has failed to perform satisfactorily on, as | ||
applicable: | ||
(A) an [ |
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administered under Section 39.023(c); | ||
(B) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by _.B. | ||
___, Acts of the 87th Legislature, Regular Session, 2021; or | ||
(C) an assessment instrument administered under | ||
Section 39.023(c) as that section existed before amendment by | ||
Chapter 1312 (S.B. 1031), Acts of the 80th Legislature, Regular | ||
Session, 2007. | ||
SECTION 2.12. Section 39.023(a), Education Code, as | ||
effective until September 1, 2021, is amended to read as follows: | ||
(a) The agency shall adopt or develop appropriate | ||
criterion-referenced assessment instruments designed to assess | ||
essential knowledge and skills in reading, [ |
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[ |
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(a-2), all students, other than students assessed under Subsection | ||
(b) or (l) or exempted under Section 39.027, shall be assessed in: | ||
(1) mathematics, annually in grades three through | ||
eight; | ||
(2) reading, annually in grades three through eight; | ||
and | ||
(3) [ |
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[ |
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[ |
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[ |
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SECTION 2.13. Section 39.023(a), Education Code, as | ||
effective September 1, 2021, is amended to read as follows: | ||
(a) The agency shall adopt or develop appropriate | ||
criterion-referenced assessment instruments designed to assess | ||
essential knowledge and skills in reading, mathematics, [ |
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students, other than students assessed under Subsection (b) or (l) | ||
or exempted under Section 39.027, shall be assessed in: | ||
(1) mathematics, annually in grades three through | ||
eight; | ||
(2) reading, annually in grades three through eight; | ||
and | ||
(3) [ |
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[ |
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[ |
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SECTION 2.14. Section 39.023, Education Code, is amended by | ||
amending Subsections (a-2), (b-1), (c), (c-3), (c-5), (c-8), (e), | ||
(g), (h), (i), and (p) and adding Subsections (h-1) and (q) to read | ||
as follows: | ||
(a-2) Except as required by federal law, a student is not | ||
required to be assessed in a subject otherwise assessed at the | ||
student's grade level under Subsection (a) if the student[ |
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[ |
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for students above the student's grade level and will be | ||
administered an assessment instrument adopted or developed under | ||
Subsection (a) that aligns with the curriculum for the course in | ||
which the student is enrolled[ |
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[ |
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(b-1) The agency, in conjunction with appropriate | ||
interested persons, shall redevelop assessment instruments adopted | ||
or developed under Subsection (b) for administration to | ||
significantly cognitively disabled students in a manner consistent | ||
with federal law. An assessment instrument under this subsection | ||
may not require a teacher to prepare tasks or materials for a | ||
student who will be administered such an assessment instrument. [ |
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(c) The agency shall also provide for [ |
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assessment instruments for each federally required secondary-level | ||
subject, including English language arts, mathematics, and | ||
science. The commissioner shall identify a procedure for a school | ||
district to select the Texas Success Initiative (TSI) diagnostic | ||
assessment or the SAT, the ACT, the PSAT, or the ACT-Plan or any | ||
other nationally recognized, norm-referenced secondary-level | ||
assessment instrument designated by the commissioner for the | ||
assessment of students under this subsection. Each school district | ||
shall select one or more assessment instruments for purposes of | ||
this subsection. A school district that selects more than one | ||
assessment instrument must uniformly administer to students in the | ||
district the same assessment instrument to satisfy the requirement | ||
for the same subject [ |
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assessment instrument designated under this section [ |
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must [ |
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appropriate subject [ |
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Education rules regarding administration of the assessment | ||
instruments under [ |
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special education program under Subchapter A, Chapter 29, the | ||
student's admission, review, and dismissal committee shall | ||
determine whether any allowable modification is necessary in | ||
administering to the student an assessment instrument required | ||
under this subsection. [ |
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(c-3) In [ |
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adopting a schedule for the administration of assessment | ||
instruments under this section, the State Board of Education shall | ||
ensure that assessment instruments administered under Subsection | ||
(a) or (c) are not administered on the first instructional day of a | ||
week. | ||
(c-5) A student's performance on an [ |
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assessment instrument administered [ |
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must be included in the student's academic achievement record. | ||
(c-8) Beginning with the 2022-2023 school year, an | ||
assessment instrument developed under Subsection (a) [ |
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not present more than 75 percent of the questions in a multiple | ||
choice format. | ||
(e) Under rules adopted by the State Board of Education, | ||
every third year, the agency shall release the questions and answer | ||
keys to each assessment instrument administered under Subsection | ||
(a), (b), [ |
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administered to a student for the purpose of retaking the | ||
assessment instrument, after the last time the instrument is | ||
administered for that school year. To ensure a valid bank of | ||
questions for use each year, the agency is not required to release a | ||
question that is being field-tested and was not used to compute the | ||
student's score on the instrument. The agency shall also release, | ||
under board rule, each question that is no longer being | ||
field-tested and that was not used to compute a student's score. | ||
[ |
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(g) An [ |
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instrument administered under Subsection (c) [ |
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must be a secured test. The commissioner shall contract with a | ||
vendor to administer the assessment instrument, complete the | ||
scoring of the assessment instrument, and distribute within a | ||
reasonable period the results to the agency and the relevant | ||
results to each school district. As soon as practicable after the | ||
district receives the results from the vendor under this | ||
subsection, the district shall: | ||
(1) distribute the relevant results to each district | ||
campus; and | ||
(2) provide written notice to the student and the | ||
person standing in parental relation to the student that states the | ||
student's results and whether the student performed satisfactorily | ||
on the assessment instrument [ |
||
(h) Except as provided by Subsection (g), the [ |
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shall notify school districts and campuses of the results of | ||
assessment instruments administered under this section not later | ||
than the 21st day after the date the assessment instrument is | ||
administered. | ||
(h-1) A [ |
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district teacher the results of assessment instruments | ||
administered to students taught by the teacher in the subject for | ||
the school year in which the assessment instrument is administered. | ||
(i) The provisions of this section[ |
||
39.022. Each assessment instrument adopted or designated under | ||
those rules [ |
||
applicable federal requirements for measurement of student | ||
progress. | ||
(p) On or before September 1 of each year, the commissioner | ||
shall make the following information available on the agency's | ||
Internet website for each assessment instrument administered under | ||
Subsection (a)[ |
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(TSI) diagnostic assessment: | ||
(1) the number of questions on the assessment | ||
instrument; | ||
(2) the number of questions that must be answered | ||
correctly to achieve satisfactory performance as determined by the | ||
commissioner under Section 39.0241(a); | ||
(3) the number of questions that must be answered | ||
correctly to achieve satisfactory performance under the college | ||
readiness performance standard as provided by Section 39.0241; and | ||
(4) the corresponding scale scores. | ||
(q) Notwithstanding any provision of this section or other | ||
law, if changes made to the Every Student Succeeds Act (20 U.S.C. | ||
Section 6301 et seq.) reduce the number or frequency of assessment | ||
instruments required to be administered to students, the State | ||
Board of Education shall adopt rules reducing the number or | ||
frequency of assessment instruments administered to students under | ||
state law, and the commissioner shall ensure that students are not | ||
assessed in subject areas or in grades that are no longer required | ||
to meet the minimum requirements of that Act. | ||
SECTION 2.15. The heading to Section 39.0232, Education | ||
Code, is amended to read as follows: | ||
Sec. 39.0232. USE OF [ |
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AS PLACEMENT INSTRUMENT; CERTAIN USES PROHIBITED. | ||
SECTION 2.16. Sections 39.0232(a), (b), and (c), Education | ||
Code, are amended to read as follows: | ||
(a) To the extent practicable, the agency shall ensure that | ||
any high school [ |
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under Section 39.023(c) [ |
||
determine the appropriate placement of a student in a course of the | ||
same subject matter at an institution of higher education. | ||
(b) A student's performance on an [ |
||
assessment instrument administered under Section 39.023(c) may not | ||
be used: | ||
(1) in determining the student's class ranking for any | ||
purpose, including entitlement to automatic college admission | ||
under Section 51.803 or 51.804; or | ||
(2) as a sole criterion in the determination of | ||
whether to admit the student to a general academic teaching | ||
institution in this state. | ||
(c) Subsection (b)(2) does not prohibit a general academic | ||
teaching institution from implementing an admission policy that | ||
takes into consideration a student's performance on an | ||
[ |
||
39.023(c) in addition to other criteria. | ||
SECTION 2.17. Section 39.0234, Education Code, is amended | ||
to read as follows: | ||
Sec. 39.0234. ELECTRONIC ADMINISTRATION OF ASSESSMENT | ||
INSTRUMENTS. (a) Except as provided by Subsection (b), the [ |
||
agency shall ensure that assessment instruments required under | ||
Section 39.023 are capable of being administered electronically. | ||
(b) Subsection (a) does not apply to a nationally | ||
recognized, norm-referenced assessment instrument under Section | ||
39.023(c). | ||
SECTION 2.18. Section 39.0241, Education Code, is amended | ||
by amending Subsection (a-1) and adding Subsection (a-2) to read as | ||
follows: | ||
(a-1) The commissioner of education, in collaboration with | ||
the commissioner of higher education, shall determine the level of | ||
performance necessary to indicate college readiness[ |
||
(a-2) In this section, "college readiness" means the level | ||
of preparation a student must attain in English language arts and | ||
mathematics courses to enroll and succeed, without remediation, in | ||
an entry-level general education course for credit in that same | ||
content area for a baccalaureate degree or associate degree program | ||
at: | ||
(1) a general academic teaching institution, as | ||
defined by Section 61.003, other than a research institution, as | ||
categorized under the Texas Higher Education Coordinating Board's | ||
accountability system; or | ||
(2) a postsecondary educational institution that | ||
primarily offers associate degrees or certificates or credentials | ||
other than baccalaureate or advanced degrees. | ||
SECTION 2.19. Section 39.025, Education Code, is amended by | ||
amending Subsections (a), (a-4), (b), and (b-1) and adding | ||
Subsection (f-3) to read as follows: | ||
(a) The commissioner shall adopt rules requiring a student | ||
in the foundation high school program under Section 28.025 to be | ||
administered each [ |
||
selected under [ |
||
[ |
||
is required to achieve a scale score that indicates satisfactory | ||
performance, as determined by the commissioner under Section | ||
39.0241(a), on each [ |
||
administered to the student. For each scale score required under | ||
this subsection that is not based on a 100-point scale scoring | ||
system, the commissioner shall provide for conversion, in | ||
accordance with commissioner rule, of the scale score to an | ||
equivalent score based on a 100-point scale scoring system. A | ||
student may not receive a high school diploma until the student has | ||
performed satisfactorily on each [ |
||
instrument [ |
||
subsection. This subsection does not require a student to | ||
demonstrate readiness to enroll in an institution of higher | ||
education. | ||
(a-4) The admission, review, and dismissal committee of a | ||
student in a special education program under Subchapter A, Chapter | ||
29, shall determine whether, to receive a high school diploma, the | ||
student is required to achieve satisfactory performance on | ||
[ |
||
39.023(c). | ||
(b) Each time an [ |
||
[ |
||
failed to achieve a score requirement under Subsection (a) may | ||
retake the assessment instrument. [ |
||
(b-1) A school district shall provide each student who fails | ||
to perform satisfactorily as determined by the commissioner under | ||
Section 39.0241(a) on an [ |
||
administered under Section 39.023(c) with accelerated instruction | ||
[ |
||
(f-3) The commissioner shall by rule adopt a transition plan | ||
to implement the amendments made by __.B. ____, Acts of the 87th | ||
Legislature, Regular Session, 2021, replacing end-of-course | ||
assessment instruments with one or more assessment instruments | ||
selected by a school district under Section 39.023(c). The rules | ||
must provide for each assessment instrument selected by a school | ||
district under Section 39.023(c) to be administered beginning with | ||
students enrolled in the ninth grade for the first time during the | ||
2021-2022 school year. During the period under which the | ||
transition from end-of-course assessment instruments is made: | ||
(1) for students entering a grade above the ninth | ||
grade during the 2021-2022 school year or students repeating ninth | ||
grade during the 2021-2022 school year, the commissioner shall | ||
retain, administer, and use for purposes of accreditation and other | ||
campus and district accountability measures under this chapter the | ||
end-of-course assessment instruments required by Section | ||
39.023(c), as that section existed before amendment by __.B. ____, | ||
Acts of the 87th Legislature, Regular Session, 2021; and | ||
(2) a student subject to Subdivision (1) may not | ||
receive a high school diploma unless the student has performed | ||
satisfactorily on: | ||
(A) each required end-of-course assessment | ||
instrument administered under Section 39.023(c), as that section | ||
existed before amendment by __.B. ____, Acts of the 87th | ||
Legislature, Regular Session, 2021; or | ||
(B) each assessment instrument selected under | ||
Section 39.023(c) by the district in which the student is enrolled. | ||
SECTION 2.20. Section 39.034(d), Education Code, is amended | ||
to read as follows: | ||
(d) The agency shall determine the necessary annual | ||
improvement required each year for a student to be prepared to | ||
perform satisfactorily on, as applicable: | ||
(1) the grade five assessment instruments; | ||
(2) the grade eight assessment instruments; and | ||
(3) the [ |
||
required under this subchapter for graduation. | ||
SECTION 2.21. Section 39.035(a), Education Code, is amended | ||
to read as follows: | ||
(a) Subject to Subsection (b), the agency may conduct field | ||
testing of questions for any assessment instrument administered | ||
under Section 39.023(a), (b), [ |
||
from the administration of the assessment instrument not more | ||
frequently than every other school year. | ||
SECTION 2.22. Section 39.203(c), Education Code, is amended | ||
to read as follows: | ||
(c) In addition to the distinction designations described | ||
by Subsections (a) and (b), a campus that satisfies the criteria | ||
developed under Section 39.204 shall be awarded a distinction | ||
designation by the commissioner for outstanding performance in | ||
academic achievement in English language arts, mathematics, or | ||
science[ |
||
SECTION 2.23. Section 51.338(c), Education Code, is amended | ||
to read as follows: | ||
(c) A student who has achieved scores set by the board on the | ||
questions developed for end-of-course assessment instruments under | ||
Section 39.0233(a), as that section existed before repeal by | ||
__.B. ____, Acts of the 87th Legislature, Regular Session, 2021, is | ||
exempt from the requirements of this subchapter. The exemption is | ||
effective for the three-year period following the date a student | ||
takes the last assessment instrument for purposes of this | ||
subchapter and achieves the standard set by the board. This | ||
subsection does not apply during any period for which the board | ||
designates the questions developed for end-of-course assessment | ||
instruments under Section 39.0233(a), as that section existed | ||
before repeal by _.B. ____, Acts of the 87th Legislature, Regular | ||
Session, 2021, as the primary assessment instrument under this | ||
subchapter, except that the three-year period described by this | ||
subsection remains in effect for students who qualify for an | ||
exemption under this subsection before that period. | ||
SECTION 2.24. Section 61.06641(i), Education Code, is | ||
amended to read as follows: | ||
(i) Notwithstanding Chapter 551, Government Code, or any | ||
other law, the advisory council may meet by telephone conference | ||
call, videoconference, or other similar telecommunication method. | ||
A meeting held by telephone conference call, videoconference, or | ||
other similar telecommunication method is subject to the | ||
requirements of Sections 551.125(c), (d), (f), and (g) | ||
[ |
||
SECTION 2.25. The following provisions of the Education | ||
Code are repealed: | ||
(1) Sections 39.023(a-15), (c-2), (c-4), (c-6), and | ||
(d); | ||
(2) Section 39.023(c-7), as added by Chapter 1282 | ||
(H.B. 1244), Acts of the 86th Legislature, Regular Session, 2019; | ||
(3) Section 39.023(c-7), as added by Chapter 1315 | ||
(H.B. 3906), Acts of the 86th Legislature, Regular Session, 2019; | ||
(4) Section 39.0233; | ||
(5) Section 39.024; | ||
(6) Sections 39.025(a-1), (a-2), (a-3), (a-5), and | ||
(e-1); | ||
(7) Section 39.053(d-1); and | ||
(8) Section 39.203(d). | ||
SECTION 2.26. As soon as practicable after the effective | ||
date of this Act, each school district shall provide notice to an | ||
eighth grade student under Section 39.025(g), Education Code, | ||
informing the student of the specific requirements applicable to | ||
the student under Sections 39.023(c) and 39.025(a), Education Code, | ||
as amended by this Act. | ||
SECTION 2.27. A change in law made by this Act to a | ||
provision of Title 2, Education Code, applies beginning with the | ||
2021-2022 school year. | ||
ARTICLE 3. ESTATES CODE | ||
SECTION 3.01. Subtitle F, Title 2, Estates Code, is amended | ||
by adding Chapter 259 to read as follows: | ||
CHAPTER 259. ELECTRONIC WILLS | ||
Sec. 259.001. SHORT TITLE. This chapter may be cited as the | ||
Electronic Wills Act. | ||
Sec. 259.002. DEFINITIONS. In this chapter: | ||
(1) "Electronic" means relating to technology having | ||
electrical, digital, magnetic, wireless, optical, electromagnetic, | ||
or similar capabilities. | ||
(2) "Electronic notarial certificate" has the meaning | ||
assigned by Section 406.101, Government Code. | ||
(3) "Electronic will" means a will executed in | ||
compliance with Section 259.005. | ||
(4) "Online notary public" has the meaning assigned by | ||
Section 406.101, Government Code. | ||
(5) "Record" means information that is inscribed on a | ||
tangible medium or that is stored in an electronic or other medium | ||
and is retrievable in perceivable form. | ||
(6) "Sign" means, with present intent to authenticate | ||
or adopt a record: | ||
(A) to execute or adopt a tangible symbol; or | ||
(B) to affix to or logically associate with the | ||
record an electronic symbol, sound, or process. | ||
Sec. 259.0025. ELECTRONIC PRESENCE. For purposes of this | ||
chapter, two individuals are in each other's "electronic presence" | ||
if the individuals are in different physical locations but able to | ||
communicate simultaneously by sight and sound, with accommodation | ||
for a testator or witness who has limited ability in sight or | ||
hearing. | ||
Sec. 259.003. COMMON LAW AND PRINCIPLES OF EQUITY. The | ||
common law and principles of equity supplement this chapter except | ||
to the extent modified by this chapter or state law other than this | ||
chapter. | ||
Sec. 259.004. WHO MAY MAKE AN ELECTRONIC WILL. An | ||
individual who may make a will under the law of this state other | ||
than this chapter may make an electronic will. | ||
Sec. 259.005. EXECUTION OF ELECTRONIC WILL. (a) An | ||
electronic will must be in a record perceivable as text that is: | ||
(1) signed, with the intent that the record be the | ||
testator's electronic will, by: | ||
(A) the testator; or | ||
(B) another individual in the testator's name, in | ||
the testator's conscious physical or electronic presence, and at | ||
the testator's direction; and | ||
(2) signed by at least two credible individuals who | ||
are at least 14 years of age, each of whom signed in the physical or | ||
electronic presence of the testator. | ||
(b) Intent of a testator that a record be the testator's | ||
electronic will may be established by extrinsic evidence. | ||
Sec. 259.006. ELECTRONIC WILL MADE SELF-PROVING IF ALL | ||
WITNESSES PHYSICALLY PRESENT. (a) An electronic will with all | ||
attesting witnesses physically present in the same location as the | ||
testator may be made self-proving by acknowledgment of the testator | ||
and affidavits of the witnesses. | ||
(b) An acknowledgment and the affidavits under Subsection | ||
(a) must be: | ||
(1) made before an officer authorized to administer | ||
oaths under law of the state in which execution occurs, who is | ||
physically present in the same location as the testator and | ||
attesting witnesses; and | ||
(2) evidenced by the officer's certificate under | ||
official seal logically associated with the electronic will. | ||
(c) The acknowledgment and affidavits under Subsection (a) | ||
must be in substantially the following form: | ||
Before me, the undersigned authority, on this day personally | ||
appeared _____________, _____________, and _____________, known to | ||
me to be the testator and witnesses, respectively, who signed their | ||
names to this record in their respective capacities, and all of said | ||
persons being by me duly sworn, the said _____________, testator, | ||
declared to me and to the said witnesses in my presence that this | ||
record is [his/her] electronic will, and that [he/she] had | ||
willingly made and executed it as [his/her] free act and deed; and | ||
the said witnesses, each on [his/her] oath stated to me, in the | ||
physical presence and hearing of the said testator, that the said | ||
testator had declared to them that this record is [his/her] | ||
electronic will, and that [he/she] executed same as such and wanted | ||
each of them to sign it as a witness; and upon their oaths each | ||
witness stated further that they did sign the same as witnesses in | ||
the presence of the said testator and at [his/her] request; that | ||
[he/she] was at that time eighteen years of age or over (or being | ||
under such age, was or had been lawfully married, or was then a | ||
member of the armed forces of the United States, or an auxiliary of | ||
the armed forces of the United States, or the United States Maritime | ||
Service) and was of sound mind; and that each of said witnesses was | ||
then at least fourteen years of age. | ||
___________________________ | ||
Testator | ||
___________________________ | ||
Witness | ||
___________________________ | ||
Witness | ||
Subscribed and sworn to before me by the said _________, | ||
testator, and by the said _____________ and ______________, | ||
witnesses, this _____ day of __________, 20___. | ||
(SEAL) | ||
(Signed) ___________________ | ||
(Official Capacity of Officer) | ||
Sec. 259.007. ELECTRONIC WILL MADE SELF-PROVING WHERE ALL | ||
WITNESSES NOT PHYSICALLY PRESENT. (a) In this section, | ||
"authorized person" means: | ||
(1) an individual licensed to practice law in the | ||
United States; or | ||
(2) a court clerk. | ||
(b) An electronic will without all attesting witnesses | ||
physically present in the same location as the testator may be made | ||
self-proving by: | ||
(1) acknowledgment of the testator and affidavits of | ||
the witnesses: | ||
(A) made before an online notary public; and | ||
(B) evidenced by the online notary public's | ||
electronic notarial certificate; or | ||
(2) an authorized person's certification in writing | ||
under Subsection (e) that: | ||
(A) the person is an authorized person; | ||
(B) the testator declared that the record is the | ||
testator's electronic will and that the testator understands the | ||
will's contents; | ||
(C) the testator signed the electronic will in | ||
the electronic or physical presence of each individual who signed | ||
the record as a witness; | ||
(D) the authorized person is satisfied as to the | ||
identity of the testator and the witnesses; and | ||
(E) to the best of the authorized person's | ||
knowledge the testator: | ||
(i) was, at the time of the signing of the | ||
electronic will, 18 years of age or older or, being under such age, | ||
was or had been lawfully married or was then a member of the armed | ||
forces of the United States, or an auxiliary of the armed forces of | ||
the United States, or the United States Maritime Service; | ||
(ii) was of sound mind; and | ||
(iii) willingly made and executed the | ||
electronic will as the testator's free act and deed. | ||
(c) An heir of the testator or a beneficiary under an | ||
electronic will may not act as an authorized person under this | ||
section. | ||
(d) An authorized person under this section submits to the | ||
jurisdiction of the court in the county in which the testator | ||
executes the electronic will. | ||
(e) A certification made under Subsection (b)(2) must be in | ||
substantially the following form: | ||
I, ______________________, an authorized person, certify | ||
that on this ______ day of __________, 20____, at ______________, | ||
______________(city, state), the testator declared the attached | ||
record to be the electronic will of the testator and declared that | ||
the testator understands the contents of the electronic will. I | ||
further certify that the testator, in the electronic or physical | ||
presence of each individual who signed the electronic will as a | ||
witness, signed the electronic will. I further certify that I am | ||
satisfied as to the identity of the testator and the witnesses and | ||
that to the best of my knowledge the testator was, at the time of the | ||
signing of the electronic will, eighteen years of age or over or, | ||
being under such age, was or had been lawfully married or was then a | ||
member of the armed forces of the United States, or an auxiliary of | ||
the armed forces of the United States, or the United States Maritime | ||
Service, was of sound mind, and willingly made and executed the | ||
electronic will as the testator's free act and deed. | ||
___________________________ | ||
(Signed) | ||
Sec. 259.008. ELECTRONIC WILL MADE SELF-PROVING AFTER | ||
EXECUTION. (a) An electronic will with all attesting witnesses | ||
physically present in the same location as the testator may be made | ||
self-proving at any time after its execution by the acknowledgment | ||
of the testator and the affidavits of the witnesses. | ||
(b) An acknowledgment and affidavits under Subsection (a) | ||
must be: | ||
(1) made before an officer authorized to administer | ||
oaths under the law of the state in which the acknowledgment occurs; | ||
and | ||
(2) evidenced by the officer's certificate under | ||
official seal, logically associated with the electronic will, in | ||
substantially the following form: | ||
I, ______________________, the testator, and we, | ||
______________________ and ______________________, witnesses, | ||
whose names are signed to the attached or preceding electronic | ||
will, being sworn, declare to the undersigned officer that the | ||
testator signed the record as the testator's electronic will, the | ||
testator willingly made and executed it as the testator's free act | ||
and deed, each of the witnesses, in the physical presence and | ||
hearing of the testator, signed the electronic will as witnesses to | ||
the testator's signing, to the best of each witness's knowledge the | ||
testator was at that time eighteen years of age or over (or being | ||
under such age, was or had been lawfully married, or was then a | ||
member of the armed forces of the United States, or an auxiliary of | ||
the armed forces of the United States, or the United States Maritime | ||
Service) and was of sound mind, and each of the witnesses was then | ||
at least fourteen years of age. | ||
___________________________ | ||
Testator | ||
___________________________ | ||
Witness | ||
___________________________ | ||
Witness | ||
State of __________________ | ||
County of _________________ | ||
Subscribed and sworn to before me by the said _________, | ||
testator, and by the said _____________ and ______________, | ||
witnesses, this _____ day of __________, 20____. | ||
(SEAL) | ||
(Signed) __________________ | ||
(Official Capacity of Officer) | ||
Sec. 259.009. PROOF OF ELECTRONIC WILL. A signature | ||
physically or electronically affixed to an affidavit attached to an | ||
electronic will under this chapter is considered a signature | ||
affixed to the electronic will if necessary to prove the will's | ||
execution. | ||
Sec. 259.010. CHOICE OF LAW AS TO EXECUTION. An electronic | ||
will is validly executed if executed in compliance with the law of | ||
the place where: | ||
(1) the testator is physically located at the time of | ||
execution; or | ||
(2) at the time of execution or at the time of death, | ||
the testator is domiciled, resides, or is a citizen. | ||
Sec. 259.011. REVOCATION. (a) An electronic will or part | ||
of an electronic will is revoked by: | ||
(1) a subsequent will, including an electronic will, | ||
that revokes the previous will or part of the previous will | ||
expressly or by inconsistency; or | ||
(2) a revocatory act, if it is established by clear and | ||
convincing evidence that: | ||
(A) the testator performed the act with the | ||
intent and for the purpose of revoking the will or part of the will; | ||
or | ||
(B) another individual performed the act in the | ||
testator's physical or electronic presence and by the testator's | ||
direction. | ||
(b) An electronic will may revoke a will that is not an | ||
electronic will. | ||
Sec. 259.012. UNIFORMITY OF APPLICATION AND CONSTRUCTION. | ||
In applying and construing this chapter, consideration must be | ||
given to the need to promote uniformity of the law with respect to | ||
its subject matter among states that enact it. | ||
Sec. 259.013. RELATION TO ELECTRONIC SIGNATURES IN GLOBAL | ||
AND NATIONAL COMMERCE ACT. This chapter modifies, limits, or | ||
supersedes the Electronic Signatures in Global and National | ||
Commerce Act (15 U.S.C. Section 7001 et seq.) but does not modify, | ||
limit, or supersede Section 101(c) of that Act (15 U.S.C. Section | ||
7001(c)) or authorize electronic delivery of any of the notices | ||
described in Section 103(b) of that Act (15 U.S.C. Section | ||
7003(b)). | ||
SECTION 3.02. Section 305.054, Estates Code, is amended to | ||
read as follows: | ||
Sec. 305.054. ADMINISTRATION OF OATH. An oath may be taken | ||
before any person authorized to administer oaths under the laws of | ||
this state, including an online notary public using two-way video | ||
and audio conference technology as provided by Subchapter C, | ||
Chapter 406, Government Code. | ||
SECTION 3.03. Subchapter A, Chapter 751, Estates Code, is | ||
amended by adding Section 751.00221 to read as follows: | ||
Sec. 751.00221. ELECTRONIC SIGNATURE; ONLINE NOTARIZATION. | ||
(a) An adult principal may sign a durable power of attorney or a | ||
revocation of a durable power of attorney using an electronic | ||
signature that: | ||
(1) is capable of verification; | ||
(2) is under the sole control of the principal using | ||
it; | ||
(3) is linked to data in a manner that invalidates the | ||
electronic signature if the data is changed; and | ||
(4) persists with the instrument and not by | ||
association in separate files. | ||
(b) A durable power of attorney in which the principal signs | ||
the instrument using an electronic signature that complies with the | ||
requirements of this section may be acknowledged before an online | ||
notary public using two-way video and audio conference technology | ||
as provided by Subchapter C, Chapter 406, Government Code. | ||
SECTION 3.04. Section 1105.052, Estates Code, is amended to | ||
read as follows: | ||
Sec. 1105.052. ADMINISTRATION OF OATH. An oath may be taken | ||
before any person authorized to administer oaths under the laws of | ||
this state, including an online notary public using two-way video | ||
and audio conference technology as provided by Subchapter C, | ||
Chapter 406, Government Code. | ||
SECTION 3.05. Chapter 259, Estates Code, as added by this | ||
Act, applies to the will of a decedent whose death occurs on or | ||
after the effective date of this Act. | ||
ARTICLE 4. GOVERNMENT CODE | ||
SECTION 4.01. Section 551.125, Government Code, is amended | ||
to read as follows: | ||
Sec. 551.125. MEETING FROM REMOTE LOCATIONS BY TELEPHONE | ||
CONFERENCE CALL [ |
||
otherwise provided by this subchapter, this chapter does not | ||
prohibit a governmental body from holding an open or closed meeting | ||
from one or more remote locations by telephone conference call. | ||
(b) A meeting held by telephone conference call may be held | ||
only if: | ||
(1) [ |
||
[ |
||
governmental body is difficult or impossible; or | ||
(2) [ |
||
(c) The telephone conference call meeting is subject to the | ||
notice requirements applicable to other meetings except as | ||
otherwise provided by Subsection (d). | ||
(d) The notice of the telephone conference call meeting | ||
must: | ||
(1) include the statement "Telephone conference call | ||
under Section 551.125, Government Code" in lieu of the place of the | ||
meeting; | ||
(2) list each physical location where members of the | ||
public may listen to or participate in the meeting, including: | ||
(A) any location that is open to the public where | ||
a member of the governmental body intends to participate in the | ||
meeting; and | ||
(B) any facility provided by the governmental | ||
body for members of the public to listen to the meeting or provide | ||
testimony; | ||
(3) include access information for an audio feed of | ||
the meeting; and | ||
(4) if applicable, include instructions for members of | ||
the public to provide testimony to the governmental body [ |
||
(e) Any method of access that is provided to the public for | ||
listening to or participating in the telephone conference call | ||
meeting must be widely available at no cost to the public, | ||
including: | ||
(1) a toll-free telephone number; or | ||
(2) a free, widely available computer application that | ||
can be installed on: | ||
(A) a mobile telephone; | ||
(B) a computer; | ||
(C) an Internet-connected television; or | ||
(D) a similar, widely available electronic | ||
device. | ||
(f) [ |
||
meeting that is required to be open to the public shall be audible | ||
to the public using the access information described by Subsection | ||
(d) [ |
||
be made available to the public. | ||
(g) [ |
||
identification of each party to the telephone conference shall be | ||
clearly stated prior to speaking. | ||
(h) If the governmental body prepares an agenda packet that | ||
would have been distributed to members of the public at a | ||
face-to-face meeting, the governmental body shall make the packet | ||
available electronically so that members of the public listening | ||
remotely can follow along with the meeting. | ||
SECTION 4.02. Section 551.127, Government Code, is amended | ||
to read as follows: | ||
Sec. 551.127. MEETING FROM REMOTE LOCATIONS BY | ||
VIDEOCONFERENCE CALL. (a) Except as otherwise provided by this | ||
section, this chapter does not prohibit a governmental body from | ||
holding an open or closed meeting from one or more remote locations | ||
by videoconference call. | ||
(b) [ |
||
participate remotely in a meeting of the governmental body by means | ||
of a videoconference call if the [ |
||
applicable, video feed of the member's or employee's | ||
participation[ |
||
(c) [ |
||
participates in a meeting as provided by Subsection (b) [ |
||
shall be counted as present at the meeting for all purposes. | ||
(d) [ |
||
participates in a meeting by videoconference call shall be | ||
considered absent from any portion of the meeting during which | ||
audio [ |
||
disconnected. The governmental body may continue the meeting only | ||
if members in a number sufficient to constitute a quorum of the body | ||
remain audible and visible to each other and, during the open | ||
portion of the meeting, to the public [ |
||
[ |
||
[ |
||
(e) [ |
||
to the notice requirements applicable to other meetings except as | ||
otherwise provided by Subsection (f) [ |
||
(f) [ |
||
videoconference call must: | ||
(1) include the statement "Videoconference call under | ||
Section 551.127, Government Code" in lieu of the place of the | ||
meeting; | ||
(2) list each physical location where members of the | ||
public may observe or participate in the meeting, including: | ||
(A) any location that is open to the public where | ||
a member of the governmental body intends to participate in the | ||
meeting; and | ||
(B) any facility provided by the governmental | ||
body for members of the public to observe the meeting or provide | ||
testimony; | ||
(3) include access information for both audio-only and | ||
audiovisual feeds of the meeting; and | ||
(4) if applicable, include instructions for members of | ||
the public to provide testimony to the governmental body [ |
||
(g) Any method of access that is provided to the public for | ||
the purpose of observing or participating in a meeting held under | ||
this section must be widely available at no cost to the public, | ||
including: | ||
(1) a toll-free telephone number; or | ||
(2) a free, widely available computer application that | ||
can be installed on: | ||
(A) a mobile telephone; | ||
(B) a computer; | ||
(C) an Internet-connected television; or | ||
(D) a similar, widely available electronic | ||
device. | ||
(h) [ |
||
call that is required to be open to the public shall be [ |
||
access information described by Subsection (f) [ |
||
meeting to no longer be [ |
||
resolved. If the problem is not resolved in six hours or less, the | ||
meeting must be adjourned. | ||
(i) [ |
||
recording of the meeting. The recording shall be made available to | ||
the public. | ||
(j) [ |
||
participant in the videoconference call who is participating in the | ||
call using video communication, while that participant is speaking, | ||
shall be clearly visible, and the voice audible, to each other | ||
participant and, during the open portion of the meeting, to the | ||
members of the public, including [ |
||
described by Subsection (f)(2) [ |
||
(k) A participant in the videoconference call using solely | ||
audio communication: | ||
(1) shall, while the participant is speaking, be | ||
clearly audible to each other participant and, during the open | ||
portion of the meeting, to the members of the public, including at | ||
any location described by Subsection (f)(2); and | ||
(2) must be clearly identified before speaking. | ||
(l) [ |
||
shall specify minimum technical quality standards for [ |
||
(m) [ |
||
members of the public using the access information described under | ||
Subsection (f) [ |
||
public [ |
||
voice, as applicable, of each participant in the open portion of the | ||
meeting. | ||
(n) [ |
||
governmental body is participating in a meeting from a remote | ||
location by videoconference call, a governmental body may allow a | ||
member of the public to testify at a meeting from a remote location | ||
by videoconference call. | ||
(o) A governmental body that is holding a meeting by | ||
videoconference call where public testimony is taken shall allow a | ||
member of the public to testify from a remote location using video | ||
or audio communication. | ||
(p) If the governmental body prepares an agenda packet that | ||
would have been distributed to members of the public at a | ||
face-to-face meeting, the governmental body shall make the packet | ||
available electronically so that members of the public observing | ||
remotely can follow along with the meeting. | ||
SECTION 4.03. Section 551.131(d), Government Code, is | ||
amended to read as follows: | ||
(d) A meeting held by telephone conference call must | ||
otherwise comply with the procedures under Sections 551.125(c), | ||
(d), [ |
||
ARTICLE 5. HEALTH AND SAFETY CODE | ||
SECTION 5.01. Section 81.406(b), Health and Safety Code, is | ||
amended to read as follows: | ||
(b) The task force may meet telephonically in accordance | ||
with Section 551.125 [ |
||
SECTION 5.02. Section 117.056(b), Health and Safety Code, | ||
is amended to read as follows: | ||
(b) To ensure appropriate representation from all areas of | ||
this state, the committee may meet by videoconference or telephone | ||
conference call. A meeting held by videoconference or telephone | ||
conference call under this subsection must comply with the | ||
requirements applicable to a telephone conference call under | ||
Sections 551.125(c), (d), [ |
||
Sections 551.125(b) and 551.127, Government Code, do not apply to | ||
the committee. | ||
SECTION 5.03. Section 166.011, Health and Safety Code, is | ||
amended by adding Subsection (d) to read as follows: | ||
(d) Notwithstanding any conflicting provision of this | ||
chapter, an advance directive in which the declarant, witnesses, | ||
and notary public each sign the directive or a written revocation of | ||
the directive using an electronic signature that complies with the | ||
requirements of this section may be acknowledged before an online | ||
notary public using two-way video and audio conference technology | ||
as provided by Subchapter C, Chapter 406, Government Code. | ||
SECTION 5.04. Section 251.011, Health and Safety Code, is | ||
amended to read as follows: | ||
Sec. 251.011. LICENSE REQUIRED. Except as provided by | ||
Sections [ |
||
an end stage renal disease facility without a license issued under | ||
this chapter. | ||
SECTION 5.05. Subchapter B, Chapter 251, Health and Safety | ||
Code, is amended by adding Section 251.0125 to read as follows: | ||
Sec. 251.0125. ADDITIONAL EXEMPTIONS FROM LICENSING | ||
REQUIREMENT FOR CERTAIN OFF-SITE FACILITIES. An end stage renal | ||
disease facility licensed under this chapter may operate and | ||
provide outpatient end stage renal disease services to a patient at | ||
an off-site facility without obtaining a separate license for the | ||
off-site facility if the off-site facility is: | ||
(1) a mobile medical unit; | ||
(2) a physician's office; | ||
(3) an end stage renal disease facility that was | ||
licensed under this chapter and closed within the 36 months | ||
preceding the operation of or provision of services to a patient at | ||
the off-site facility; | ||
(4) an ambulatory surgical center that was licensed | ||
under Chapter 243 and closed within the 36 months preceding the | ||
operation of or provision of services to a patient at the off-site | ||
facility; or | ||
(5) a freestanding emergency medical care facility | ||
that was licensed under Chapter 254 and closed within the 36 months | ||
preceding the operation of or provision of services to a patient at | ||
the off-site facility. | ||
SECTION 5.06. Chapter 437, Health and Safety Code, is | ||
amended by adding Section 437.026 to read as follows: | ||
Sec. 437.026. SALE OF CERTAIN FOOD BY FOOD SERVICE | ||
ESTABLISHMENT. (a) Except as provided by Subsection (b), a food | ||
service establishment that holds a permit under this chapter may | ||
sell directly to an individual consumer food, other than prepared | ||
food, that: | ||
(1) is in its original condition or original packaging | ||
as received by the establishment; | ||
(2) is labeled, which may include a handwritten label, | ||
with the name and source of the food and the date the food is sold; | ||
(3) for meat or poultry, bears an official mark of | ||
inspection from the department or the United States Department of | ||
Agriculture; | ||
(4) for a meat product or poultry product, is obtained | ||
from a source that is appropriately inspected and bears an official | ||
mark of inspection described by Subdivision (3); | ||
(5) for a time and temperature control for safety food | ||
as defined by Section 437.0196, does not exceed the shelf life | ||
displayed on the food's packaging; and | ||
(6) for food requiring refrigeration other than | ||
produce, is: | ||
(A) maintained at or below 41 degrees Fahrenheit | ||
until the establishment sells or donates the food; and | ||
(B) protected from contamination. | ||
(b) A food service establishment described by Subsection | ||
(a) may not sell directly to an individual consumer food that is: | ||
(1) in a package exhibiting damage or that is not | ||
labeled with the manufacturer's original labeling; or | ||
(2) distressed because the food: | ||
(A) has been subjected to fire, flooding, | ||
excessive heat, smoke, radiation, or another environmental | ||
contamination; | ||
(B) is not held at the correct temperature for | ||
the food type; or | ||
(C) is stored for a prolonged period. | ||
SECTION 5.07. Section 773.050, Health and Safety Code, is | ||
amended by adding Subsection (e-1) to read as follows: | ||
(e-1) In adopting minimum standards under Subsection (e), | ||
the executive commissioner shall, during a state of disaster | ||
declared under Chapter 418, Government Code, provide to a first | ||
responder organization a grace period of not more than 30 days from | ||
the date the organization's license expires for submission of | ||
application materials and other information necessary to renew the | ||
license. | ||
SECTION 5.08. Subchapter C, Chapter 773, Health and Safety | ||
Code, is amended by adding Sections 773.0552 and 773.0553 to read as | ||
follows: | ||
Sec. 773.0552. PROVISION OF EMERGENCY MEDICAL SERVICES BY | ||
CERTAIN QUALIFIED PERSONS DURING DECLARED DISASTER. A medical | ||
director of an emergency medical services system may, during a | ||
state of disaster declared under Chapter 418, Government Code, | ||
authorize an individual who is not certified as any type of | ||
emergency medical services personnel but is otherwise qualified to | ||
provide emergency medical services to provide those services to | ||
patients treated or transported by an emergency medical services | ||
provider for the system. | ||
Sec. 773.0553. TEMPORARY WAIVER OF SKILLS PROFICIENCY | ||
TESTING REQUIREMENTS FOR CERTAIN EMERGENCY MEDICAL SERVICES | ||
PERSONNEL. (a) The executive commissioner by rule shall authorize | ||
emergency medical services personnel and out-of-state advanced | ||
emergency medical technicians seeking reciprocity in this state to | ||
temporarily waive skills proficiency testing requirements if the | ||
personnel or technicians are unable to satisfy the testing | ||
requirements for a reason determined appropriate by the executive | ||
commissioner, including due to a state of disaster declared under | ||
Chapter 418, Government Code. | ||
(b) Emergency medical services personnel and out-of-state | ||
advanced emergency medical technicians who waive skills | ||
proficiency testing requirements under Subsection (a) must satisfy | ||
those testing requirements not later than six months from the date | ||
the testing requirements are waived. | ||
SECTION 5.09. As soon as practicable after the effective | ||
date of this Act, the executive commissioner of the Health and Human | ||
Services Commission shall adopt rules to implement Section 437.026, | ||
Health and Safety Code, as added by this Act. | ||
SECTION 5.10. Section 437.026, Health and Safety Code, as | ||
added by this Act, applies only to the sale of food by a food service | ||
establishment that occurs on or after the effective date of this | ||
Act. The sale of food by a food service establishment that occurs | ||
before the effective date of this Act is governed by the law in | ||
effect on the date the sale occurred, and the former law is | ||
continued in effect for that purpose. | ||
ARTICLE 6. OCCUPATIONS CODE | ||
SECTION 6.01. Subchapter H, Chapter 51, Occupations Code, | ||
is amended by adding Section 51.40101 to read as follows: | ||
Sec. 51.40101. TEMPORARY EXTENSION OF LICENSE RENEWAL | ||
PERIOD AND WAIVER OF LICENSE RENEWAL LATE FEES DURING DISASTER | ||
DECLARATION. (a) In this section, "disaster declaration" means a | ||
declaration by the governor of a state of disaster under Section | ||
418.014, Government Code. | ||
(b) Notwithstanding Section 51.401 or any other law, the | ||
department: | ||
(1) shall extend the period for renewing a license | ||
that expires while a disaster declaration is in effect provided the | ||
holder of the license files a renewal application and pays the | ||
required renewal fee in accordance with commission rules governing | ||
disaster renewals; and | ||
(2) may not charge a late fee for a license renewal | ||
described by Subdivision (1). | ||
SECTION 6.02. Subtitle A, Title 3, Occupations Code, is | ||
amended by adding Chapter 117 to read as follows: | ||
CHAPTER 117. TEMPORARY LICENSE OR CERTIFICATE FOR CERTAIN HEALTH | ||
PROFESSIONS DURING DISASTER | ||
Sec. 117.001. DEFINITION. In this chapter, "disaster | ||
declaration" means a declaration by the governor of a state of | ||
disaster under Section 418.014, Government Code. | ||
Sec. 117.002. APPLICABILITY. This chapter applies only to | ||
an applicant for a license or certificate as a: | ||
(1) medical physicist; | ||
(2) perfusionist; | ||
(3) physician assistant; or | ||
(4) respiratory care practitioner. | ||
Sec. 117.003. TEMPORARY LICENSE OR CERTIFICATE | ||
REQUIREMENTS. While a disaster declaration is in effect, the | ||
appropriate licensing authority may issue a temporary license or | ||
certificate to an applicant to whom this chapter applies if the | ||
applicant: | ||
(1) currently has an active, pending application for | ||
the applicable license or certificate on file with the applicable | ||
licensing authority; | ||
(2) meets all the qualifications for the license or | ||
certificate except the applicant has not passed the final | ||
examination required for the license or certificate; | ||
(3) has obtained a sponsoring physician licensed in | ||
this state; and | ||
(4) submits an application for the temporary license | ||
or certificate in the form prescribed by the licensing authority. | ||
Sec. 117.004. CRIMINAL BACKGROUND CHECK. (a) A licensing | ||
authority shall conduct a criminal background check of an applicant | ||
for a temporary license or certificate under this chapter. | ||
(b) The licensing authority may use a name-based background | ||
check instead of a fingerprint-based check only if a | ||
fingerprint-based check is unavailable due to the disaster for | ||
which the disaster declaration is issued. | ||
Sec. 117.005. SUPERVISION REQUIRED FOR PRACTICE. | ||
Notwithstanding any other law, a person who holds a temporary | ||
license or certificate issued under this chapter may practice as a | ||
medical physicist, perfusionist, physician assistant, or | ||
respiratory care practitioner, as applicable, only under the | ||
supervision of a physician licensed in this state. | ||
Sec. 117.006. EXPIRATION OF TEMPORARY LICENSE OR | ||
CERTIFICATE. A temporary license or certificate issued under this | ||
chapter expires on the earlier of: | ||
(1) the date the disaster declaration expires; or | ||
(2) the date the appropriate licensing authority | ||
terminates a person's temporary license or certificate. | ||
SECTION 6.03. Section 155.105(b), Occupations Code, is | ||
amended to read as follows: | ||
(b) A physician-in-training permit does not authorize the | ||
performance of a medical act by the permit holder unless the act is | ||
performed[ |
||
[ |
||
[ |
||
SECTION 6.04. Section 157.0512, Occupations Code, is | ||
amended by adding Subsection (q) to read as follows: | ||
(q) Notwithstanding any other law, a prescriptive authority | ||
agreement between a physician and an advanced practice registered | ||
nurse or physician assistant may be entered into orally. | ||
SECTION 6.05. Section 301.157, Occupations Code, is amended | ||
by adding Subsection (d-13) to read as follows: | ||
(d-13) The board may allow a student in the final year of a | ||
nursing education program to satisfy the clinical practice | ||
requirements of a course of study through any amount of simulation | ||
activities if a state of disaster prevents the student from | ||
completing the requirements through direct patient care. | ||
SECTION 6.06. Section 301.258, Occupations Code, is amended | ||
by adding Subsection (e-1) to read as follows: | ||
(e-1) The board may extend the expiration date of a permit | ||
issued under this section by not more than six months as necessary | ||
to mitigate a nursing workforce shortage caused by a state of | ||
disaster. | ||
SECTION 6.07. Subchapter F, Chapter 301, Occupations Code, | ||
is amended by adding Section 301.2581 to read as follows: | ||
Sec. 301.2581. TEMPORARY ADVANCED PRACTICE REGISTERED | ||
NURSE LICENSE. (a) The board shall issue a license to practice as | ||
an advanced practice registered nurse to an applicant pending the | ||
results of a national certification examination if the applicant | ||
meets all other requirements for obtaining the license. | ||
(b) The board may not issue a license under this section to | ||
an applicant who previously failed an advanced practice registered | ||
nurse national certification examination. | ||
(c) A license issued under Subsection (a) expires on the | ||
earlier of the date of receipt of: | ||
(1) a permanent license; or | ||
(2) notice from the board that the license holder has | ||
failed the examination. | ||
(d) A person who holds a temporary license issued under this | ||
section is considered to be an advanced practice registered nurse | ||
for all purposes, except that the person does not have prescribing | ||
and ordering authority as provided by Subchapter B, Chapter 157. | ||
(e) The board may extend the expiration date of a license | ||
issued under this section by not more than six months as necessary | ||
to mitigate an advanced practice registered nurse workforce | ||
shortage caused by a state of disaster. | ||
SECTION 6.08. Section 301.261, Occupations Code, is amended | ||
by adding Subsections (d-1), (d-2), and (d-3) to read as follows: | ||
(d-1) The board may waive a requirement that a person pay a | ||
fee or complete a continuing education program to remove the | ||
person's license from inactive status as necessary to mitigate a | ||
nursing workforce shortage caused by a state of disaster. | ||
(d-2) Except as provided by Subsection (d-3), the board may, | ||
as necessary to mitigate an advanced practice registered nurse | ||
workforce shortage caused by a state of disaster, waive a | ||
requirement that a person: | ||
(1) whose license to practice as an advanced practice | ||
registered nurse has been inactive for at least two years but not | ||
more than four years pay a reactivation fee, complete continuing | ||
competency and current practice requirements, or meet the | ||
requirements for renewing the person's prescriptive authority to | ||
remove the person's license from inactive status; or | ||
(2) whose license to practice as an advanced practice | ||
registered nurse has been inactive for at least four years pay a | ||
reactivation fee or complete continuing competency requirements to | ||
remove the person's license from inactive status. | ||
(d-3) Subsection (d-2) does not apply to a person: | ||
(1) whose license was suspended, revoked, | ||
surrendered, or otherwise placed on inactive status based on the | ||
terms of a prior disciplinary order; or | ||
(2) who is currently under disciplinary monitoring or | ||
investigation. | ||
SECTION 6.09. Section 301.301, Occupations Code, is amended | ||
by adding Subsection (b-1) to read as follows: | ||
(b-1) The board may extend the expiration date of a license | ||
issued under this chapter, including the deadline to comply with | ||
any renewal requirement, by not more than six months as necessary to | ||
mitigate a nursing workforce shortage caused by a state of | ||
disaster. | ||
SECTION 6.10. Section 401.2022, Occupations Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other law, in adopting a rule under | ||
this section, the commission: | ||
(1) shall authorize: | ||
(A) a license holder, including a licensed intern | ||
or licensed assistant, to provide services by telepractice through | ||
the use of any interactive audiovisual communication system, | ||
whether real-time or two-way, including a smart phone; and | ||
(B) any supervision requirement for an applicant | ||
under this chapter to be fulfilled wholly or partly by use of | ||
telecommunications technology; and | ||
(2) may not: | ||
(A) require a license holder's initial | ||
professional contact with a client to be in-person; or | ||
(B) impose any limitation on a license holder's | ||
selection of a facilitator to assist the license holder in | ||
providing services by telepractice. | ||
SECTION 6.11. Section 402.1023, Occupations Code, is | ||
amended by adding Subsection (c) to read as follows: | ||
(c) Notwithstanding any other law, in adopting a rule under | ||
this section, the commission: | ||
(1) shall authorize a license holder to provide | ||
services by telepractice through the use of any interactive | ||
audiovisual communication system, whether real-time or two-way, | ||
including a smart phone; and | ||
(2) may not: | ||
(A) require a license holder's initial | ||
professional contact with a client to be in-person; or | ||
(B) impose any limitation on a license holder's | ||
selection of a facilitator to assist the license holder in | ||
providing services by telepractice. | ||
SECTION 6.12. Section 402.255(a), Occupations Code, is | ||
amended to read as follows: | ||
(a) A supervisor of a temporary training permit holder must: | ||
(1) be licensed to fit and dispense hearing | ||
instruments under this chapter or Chapter 401, other than Section | ||
401.311 or 401.312; and | ||
(2) [ |
||
[ |
||
education of a temporary training permit holder. | ||
SECTION 6.13. Section 403.151, Occupations Code, is amended | ||
by adding Subsection (a-1) to read as follows: | ||
(a-1) Notwithstanding Subsection (a), a licensed dyslexia | ||
practitioner may practice outside of an educational setting to the | ||
extent necessary to provide a service that would otherwise be | ||
provided in an educational setting that is not reasonably | ||
accessible to the licensed dyslexia practitioner or client. | ||
SECTION 6.14. Subchapter D, Chapter 403, Occupations Code, | ||
is amended by adding Section 403.153 to read as follows: | ||
Sec. 403.153. USE OF TELECOMMUNICATIONS TECHNOLOGY. | ||
Notwithstanding any other law, a license holder may provide a | ||
service solely through the use of an interactive audiovisual | ||
communication system, whether real-time or two-way, including a | ||
smart phone. | ||
SECTION 6.15. Section 506.003, Occupations Code, is amended | ||
by adding Subsection (c-1) to read as follows: | ||
(c-1) Notwithstanding Subsection (c)(1), applied behavior | ||
analysis interventions may be based on observation and measurement | ||
of behavior and environment through the use of telecommunications | ||
technology if approved by the certifying entity. | ||
SECTION 6.16. Section 506.055, Occupations Code, is amended | ||
to read as follows: | ||
Sec. 506.055. STUDENTS, INTERNS, AND FELLOWS. (a) This | ||
chapter does not apply to an applied behavior analysis activity or | ||
service of a college or university student, intern, or fellow if: | ||
(1) the activity or service is part of a defined | ||
behavior analysis program of study, course, practicum, internship, | ||
or postdoctoral fellowship; | ||
(2) the activity or service is directly supervised by | ||
a licensed behavior analyst or an instructor in a course sequence | ||
approved by the certifying entity; and | ||
(3) the person is designated as a "student," "intern," | ||
"fellow," or "trainee." | ||
(b) Notwithstanding Subsection (a)(2), a licensed behavior | ||
analyst or an instructor may supervise a behavior analysis activity | ||
or service through the use of telecommunications technology if | ||
approved by the applicable college or university and the certifying | ||
entity. | ||
SECTION 6.17. Section 554.005, Occupations Code, is amended | ||
by adding Subsection (d) to read as follows: | ||
(d) In implementing Subsection (a)(3)(C)(iv), the board by | ||
rule shall authorize a pharmacist to provide any required patient | ||
counseling by telephone. | ||
SECTION 6.18. (a) The Texas Commission of Licensing and | ||
Regulation shall adopt rules under Section 51.40101, Occupations | ||
Code, as added by this Act, not later than January 1, 2022. | ||
(b) Section 51.40101, Occupations Code, as added by this | ||
Act, applies to the renewal of a license or other authorization | ||
issued by the Texas Department of Licensing and Regulation that | ||
expires on or after January 1, 2022. A license or other | ||
authorization that expires before that date is governed by the law | ||
in effect on the date the license or other authorization expired, | ||
and the former law is continued in effect for that purpose. | ||
SECTION 6.19. Section 155.105(b), Occupations Code, as | ||
amended by this Act, applies only to conduct that occurs on or after | ||
the effective date of this Act. Conduct that occurs before the | ||
effective date of this Act is governed by the law in effect on the | ||
date the conduct occurred, and the former law is continued in effect | ||
for that purpose. | ||
SECTION 6.20. The changes in law made by this Act to | ||
Chapters 401, 402, 403, and 506, Occupations Code, apply only to | ||
conduct that occurs on or after the effective date of this Act. | ||
Conduct that occurs before the effective date of this Act is | ||
governed by the law in effect on the date the conduct occurred, and | ||
the former law is continued in effect for that purpose. | ||
ARTICLE 7. TRANSPORTATION CODE | ||
SECTION 7.01. Section 370.262(a), Transportation Code, is | ||
amended to read as follows: | ||
(a) Chapter 551, Government Code, does not prohibit any open | ||
or closed meeting of the board, a committee of the board, or the | ||
staff, or any combination of the board or staff, from being held by | ||
telephone conference call. The board may hold an open or closed | ||
meeting by telephone conference call subject to the requirements of | ||
Sections 551.125(c), (d), (f), and (g) [ |
||
Government Code, but is not subject to the requirements of | ||
Subsection (b) of that section. | ||
ARTICLE 8. CONFLICTING ACTS; EFFECTIVE DATE | ||
SECTION 8.01. To the extent of any conflict, this Act | ||
prevails over another Act of the 87th Legislature, Regular Session, | ||
2021, relating to nonsubstantive additions to and corrections in | ||
enacted codes. | ||
SECTION 8.02. This Act takes effect immediately if it | ||
receives a vote of two-thirds of all the members elected to each | ||
house, as provided by Section 39, Article III, Texas Constitution. | ||
If this Act does not receive the vote necessary for immediate | ||
effect, this Act takes effect September 1, 2021. |