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A BILL TO BE ENTITLED
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AN ACT
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relating to the elimination of certain regulations waived during |
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the coronavirus disease (COVID-19) pandemic. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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ARTICLE 1. ALCOHOLIC BEVERAGE CODE |
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SECTION 1.01. Chapter 1, Alcoholic Beverage Code, is |
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amended by adding Section 1.021 to read as follows: |
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Sec. 1.021. CONSTRUCTION OF CODE: DELIVERY OF CERTAIN |
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MERCHANDISE. Notwithstanding any other law, a provision of this |
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code may not be construed to prohibit the delivery of food and other |
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merchandise to a grocery store using a vehicle owned or operated by |
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a person holding a permit or license under this code. |
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SECTION 1.02. Section 6.04(a), Alcoholic Beverage Code, is |
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amended to read as follows: |
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(a) Notwithstanding any other provision of this code, for |
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[the holder of] a license or permit issued under this code that |
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expires after March 1, 2020, the holder of the license or permit may |
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renew the license or permit rather than reapply for an original |
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license or permit if, anytime [not later than the 30th day] after |
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the date of the expiration of the license or permit, the holder |
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files a renewal application and the required license or permit fee |
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with the commission [and pays a late fee] as provided by rules of |
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the commission. The commission may not charge a late fee for a |
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renewal application filed in accordance with this subsection. |
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SECTION 1.03. The heading to Section 28.1001, Alcoholic |
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Beverage Code, is amended to read as follows: |
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Sec. 28.1001. PICKUP AND [OFF-PREMISES] DELIVERY OF |
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ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION. |
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SECTION 1.04. Section 28.1001, Alcoholic Beverage Code, is |
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amended by amending Subsections (a), (c), and (d) and adding |
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Subsections (a-1), (a-2), and (e) to read as follows: |
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(a) In this section: |
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(1) "Passenger area of a motor vehicle" has the |
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meaning assigned by Section 49.031, Penal Code. |
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(2) "Tamper-proof container" means a closed cup or |
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similar container that is sealed with tape and placed into a bag |
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that has been sealed with a zip tie. |
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(a-1) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may deliver, or have delivered by |
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a third party, including an independent contractor acting under |
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Chapter 57, an alcoholic beverage from the permitted premises to an |
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ultimate consumer located off-premises and in an area where the |
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sale of the beverage is legal if: |
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(1) [the holder of the mixed beverage permit holds a |
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food and beverage certificate for the permitted premises; |
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[(2) the delivery of the alcoholic beverage is made as |
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part of the delivery of food prepared at the permitted premises; |
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[(3)] the alcoholic beverage is: |
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(A) a malt beverage [beer, ale,] or wine |
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delivered in an original container sealed by the manufacturer; or |
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(B) an alcoholic beverage other than a malt |
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beverage [beer, ale,] or wine that: |
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(i) is[,] delivered in an original, |
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single-serving container sealed by the manufacturer and not larger |
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than 375 milliliters; or |
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(ii) the permit holder mixes with other |
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beverages and stores in a tamper-proof container that is clearly |
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labeled with the permit holder's business name and the words |
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"alcoholic beverage"; and |
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(2) [(4)] the delivery is not made to another [a] |
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premises that is permitted or licensed under this code. |
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(a-2) Notwithstanding any other provision of this code, the |
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holder of a mixed beverage permit may allow an ultimate consumer to |
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pick up an alcoholic beverage described by Subsection (a-1)(1) and |
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remove the beverage from the permitted premises. |
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(c) An alcoholic beverage picked up or [may be] delivered |
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under this section may be provided only to a person who is 21 years |
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of age or older after the person picking up the alcoholic beverage |
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or accepting the delivery presents valid proof of identity and age |
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and: |
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(1) the person picking up the alcoholic beverage or |
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accepting the delivery personally signs a receipt, which may be |
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electronic, acknowledging the pickup or delivery; or |
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(2) the person providing the beverage for pickup or |
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making the delivery acknowledges the completion of the pickup or |
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delivery through a software application. |
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(d) This section does not authorize the holder of a brewpub |
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license who also holds a wine and malt beverage [beer] retailer's |
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permit to deliver alcoholic beverages directly to ultimate |
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consumers for off-premise consumption at a location other than the |
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licensed premises. |
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(e) A person who picks up or delivers an alcoholic beverage |
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described by Subsection (a-1)(1)(B)(ii) may not transport the |
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alcoholic beverage in the passenger area of a motor vehicle. |
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ARTICLE 2. EDUCATION CODE |
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SECTION 2.01. Section 18.006(b), Education Code, is amended |
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to read as follows: |
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(b) In addition to other factors determined to be |
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appropriate by the commissioner, the accountability system must |
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include consideration of: |
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(1) student performance on the [end-of-course] |
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assessment instruments administered under [required by] Section |
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39.023(c); and |
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(2) dropout rates, including dropout rates and diploma |
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program completion rates for the grade levels served by the diploma |
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program. |
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SECTION 2.02. Section 25.005(b), Education Code, is amended |
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to read as follows: |
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(b) A reciprocity agreement must: |
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(1) address procedures for: |
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(A) transferring student records; |
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(B) awarding credit for completed course work; |
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and |
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(C) permitting a student to satisfy the |
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requirements of Section 39.025 through successful performance on |
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comparable [end-of-course or other exit-level] assessment |
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instruments administered in another state; and |
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(2) include appropriate criteria developed by the |
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agency. |
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SECTION 2.03. Section 28.014(a), Education Code, is amended |
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to read as follows: |
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(a) Each school district shall partner with at least one |
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institution of higher education to develop and provide courses in |
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college preparatory mathematics and English language arts. The |
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courses must be designed: |
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(1) for students at the 12th grade level whose |
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performance on: |
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(A) an [end-of-course] assessment instrument |
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administered [required] under Section 39.023(c) does not meet |
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college readiness standards; or |
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(B) coursework, a college entrance examination, |
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or an assessment instrument designated under Section 51.334 |
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indicates that the student is not ready to perform entry-level |
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college coursework; and |
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(2) to prepare students for success in entry-level |
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college courses. |
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SECTION 2.04. Section 28.0211(o), Education Code, is |
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amended to read as follows: |
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(o) This section does not require the administration of |
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a fifth [or eighth] grade assessment instrument in a subject under |
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Section 39.023(a) to a student enrolled in the fifth [or eighth] |
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grade[, as applicable,] if the student[: |
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[(1)] is enrolled in a course in the subject intended |
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for students above the student's grade level and will be |
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administered an assessment instrument adopted or developed under |
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Section 39.023(a) that aligns with the curriculum for the course in |
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which the student is enrolled[; or |
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[(2) is enrolled in a course in the subject for which |
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the student will receive high school academic credit and will be |
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administered an end-of-course assessment instrument adopted under |
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Section 39.023(c) for the course]. |
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SECTION 2.05. Section 28.023(c), Education Code, is amended |
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to read as follows: |
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(c) A school district shall give a student in grade level |
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six or above credit for a subject on the basis of an examination for |
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credit in the subject approved by the board of trustees under |
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Subsection (a) if the student scores in the 80th percentile or above |
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on the examination or if the student achieves a score as provided by |
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Subsection (c-1). If a student is given credit in a subject on the |
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basis of an examination, the district shall enter the examination |
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score on the student's transcript [and the student is not required |
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to take an end-of-course assessment instrument adopted under |
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Section 39.023(c) for that subject]. |
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SECTION 2.06. Sections 28.025(b-4) and (c-8), Education |
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Code, are amended to read as follows: |
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(b-4) A school district may offer the curriculum described |
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in Subsections (b-1)(1) through (4) in an applied manner. Courses |
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delivered in an applied manner must cover the essential knowledge |
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and skills[, and the student shall be administered the applicable |
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end-of-course assessment instrument as provided by Sections |
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39.023(c) and 39.025]. |
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(c-8) For purposes of Subsection (c-7), the admission, |
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review, and dismissal committee of a student in a special education |
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program under Subchapter A, Chapter 29, shall determine whether the |
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student is required to achieve satisfactory performance on an |
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[end-of-course] assessment instrument administered under Section |
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39.023(c) to earn an endorsement on the student's transcript. |
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SECTION 2.07. Section 28.0255, Education Code, is amended |
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by amending Subsections (g) and (h) and adding Subsection (g-1) to |
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read as follows: |
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(g) A student entering the ninth grade for the first time |
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beginning with the 2021-2022 school year is entitled to a high |
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school diploma if the student: |
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(1) successfully complies with the curriculum |
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requirements specified under Subsection (e); and |
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(2) performs satisfactorily, as determined by the |
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commissioner under Subsection (h), on each [end-of-course] |
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assessment instrument selected [instruments listed] under Section |
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39.023(c) by the school district [for courses] in which the student |
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is [was] enrolled. |
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(g-1) A student other than a student described by Subsection |
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(g) is entitled to a high school diploma if the student: |
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(1) successfully complies with the curriculum |
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requirements specified under Subsection (e); and |
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(2) performs satisfactorily, as determined by the |
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commissioner under Subsection (h), on: |
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(A) each assessment instrument selected under |
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Section 39.023(c) by the school district in which the student is |
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enrolled; or |
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(B) assessment instruments listed under Section |
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39.023(c), as that section existed before amendment by _.B. ___, |
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Acts of the 87th Legislature, Regular Session, 2021, for courses in |
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which the student was enrolled. |
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(h) For purposes of Subsections [Subsection] (g)(2) and |
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(g-1)(2), the commissioner shall determine the level of |
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satisfactory performance on applicable [end-of-course] assessment |
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instruments administered to a student. |
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SECTION 2.08. Section 28.0258, Education Code, is amended |
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by amending Subsections (a), (b), (f), (h), (j), and (k) and adding |
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Subsections (m) and (n) to read as follows: |
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(a) This section applies only to an 11th or 12th grade |
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student who has failed to comply with the [end-of-course] |
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assessment instrument performance requirements under Section |
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39.025 for not more than two subjects identified under Section |
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39.023(c) [courses]. |
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(b) For each student to whom this section applies, the |
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school district that the student attends shall establish an |
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individual graduation committee at the end of or after the |
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student's 11th grade year to determine whether the student may |
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qualify to graduate as provided by this section. A student may not |
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qualify to graduate under this section before the student's 12th |
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grade year. The committee shall be composed of: |
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(1) the principal or principal's designee; |
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(2) for each subject identified under Section |
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39.023(c) for [end-of-course assessment instrument on] which the |
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student failed to perform satisfactorily on the appropriate |
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corresponding required assessment instrument, a [the] teacher of |
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the student in that subject, designated by the principal [course]; |
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(3) the department chair or lead teacher supervising |
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the teacher described by Subdivision (2); and |
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(4) as applicable: |
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(A) the student's parent or person standing in |
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parental relation to the student; |
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(B) a designated advocate described by |
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Subsection (c) if the person described by Paragraph (A) is unable to |
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serve; or |
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(C) the student, at the student's option, if the |
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student is at least 18 years of age or is an emancipated minor. |
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(f) Notwithstanding any other law, a student's individual |
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graduation committee established under this section shall |
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recommend additional requirements by which the student may qualify |
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to graduate, including: |
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(1) additional remediation; and |
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(2) for each [end-of-course] assessment instrument |
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required under Section 39.023(c) on which the student failed to |
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perform satisfactorily: |
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(A) the completion of a project related to the |
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subject area [of the course] that demonstrates proficiency in the |
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subject area; or |
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(B) the preparation of a portfolio of work |
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samples in the subject area [of the course], including work samples |
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[from the course] that demonstrate proficiency in the subject area. |
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(h) In determining whether a student for whom an individual |
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graduation committee is established is qualified to graduate, the |
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committee shall consider: |
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(1) the recommendation of the student's teacher in |
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each course of the subject for which the student failed to perform |
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satisfactorily on an [end-of-course] assessment instrument; |
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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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[end-of-course] assessment instrument; |
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(3) the student's score on each [end-of-course] |
|
assessment instrument required under Section 39.023(c) on which the |
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student failed to perform satisfactorily; |
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(4) the student's performance on any additional |
|
requirements recommended by the committee under Subsection (f); |
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(5) the number of hours of remediation that the |
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student has attended, including[: |
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[(A) attendance in a college preparatory course |
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required under Section 39.025(b-2), if applicable; or |
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[(B)] attendance in and successful completion of |
|
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; |
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(8) the student's successful completion of a dual |
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credit course in English, mathematics, science, or social studies; |
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(9) the student's successful completion of a high |
|
school pre-advanced placement, advanced placement, or |
|
international baccalaureate program course in English, |
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mathematics, science, or social studies; |
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(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 |
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College-Level Examination Program examination; |
|
(12) the student's score on: |
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(A) the ACT or[,] the SAT, if not otherwise |
|
considered under Subdivision (3); or |
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(B) the Armed Services Vocational Aptitude |
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Battery test; |
|
(13) the student's completion of a sequence of courses |
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under a career and technical education program required to attain |
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an industry-recognized credential or certificate; |
|
(14) the student's overall preparedness for |
|
postsecondary success; and |
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(15) any other academic information designated for |
|
consideration by the board of trustees of the school district. |
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(j) Notwithstanding any action taken by an individual |
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graduation committee under this section, a school district shall |
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administer an [end-of-course] assessment instrument required under |
|
Section 39.023(c) to any student who fails to perform |
|
satisfactorily on an [end-of-course] assessment instrument |
|
required under Section 39.023(c) as provided by Section 39.025(b). |
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For purposes of Section 39.053(c)(1), an assessment instrument |
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administered as provided by this subsection is considered an |
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assessment instrument required for graduation retaken by a student. |
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(k) The commissioner shall adopt rules as necessary to |
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administer [implement] this section [not later than the 2015-2016 |
|
school year]. |
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(m) For a student subject to Section 39.025(f-3)(1): |
|
(1) for purposes of Subsection (a), this section |
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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 |
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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 |
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course described by Subdivision (2). |
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(n) Subsection (m) and this subsection expire September 1, |
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2025. |
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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 [end-of-course] |
|
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 [end-of-course] assessment instrument |
|
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 [the] appropriate |
|
[end-of-course] assessment instrument [instruments] specified by |
|
Section 39.023(c) that is administered before the student enters |
|
[entering] the program and must take any [each] appropriate |
|
[end-of-course] assessment instrument that is administered during |
|
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 [end-of-course] assessment instrument |
|
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, [writing,] mathematics, |
|
[social studies,] and science. Except as provided by Subsection |
|
(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) [writing, including spelling and grammar, in |
|
grades four and seven; |
|
[(4) social studies, in grade eight; |
|
[(5)] science, in grades five and eight[; and |
|
[(6) any other subject and grade required by federal |
|
law]. |
|
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, [social |
|
studies,] and science. Except as provided by Subsection (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) [social studies, in grade eight; |
|
[(4)] science, in grades five and eight[; and |
|
[(5) any other subject and grade required by federal |
|
law]. |
|
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[: |
|
[(1)] is enrolled in a course in the subject intended |
|
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[; or |
|
[(2) is enrolled in a course in the subject for which |
|
the student will receive high school academic credit and will be |
|
administered an end-of-course assessment instrument adopted under |
|
Subsection (c) for the course]. |
|
(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. [A |
|
classroom portfolio method used to assess writing performance may |
|
require a teacher to prepare tasks and materials.] |
|
(c) The agency shall also provide for [adopt end-of-course] |
|
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 [courses in Algebra I, biology, English I, |
|
English II, and United States history. The Algebra I end-of-course |
|
assessment instrument must be administered with the aid of |
|
technology, but may include one or more parts that prohibit the use |
|
of technology]. An [The English I and English II end-of-course] |
|
assessment instrument designated under this section [instruments] |
|
must [each] assess essential knowledge and skills in the |
|
appropriate subject [both reading and writing and must provide a |
|
single score]. A school district shall comply with State Board of |
|
Education rules regarding administration of the assessment |
|
instruments under [listed in] this subsection. If a student is in a |
|
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. [The State Board of Education shall |
|
administer the assessment instruments. An end-of-course assessment |
|
instrument may be administered in multiple parts over more than one |
|
day. The State Board of Education shall adopt a schedule for the |
|
administration of end-of-course assessment instruments that |
|
complies with the requirements of Subsection (c-3).] |
|
(c-3) In [Except as provided by Subsection (c-7), in] |
|
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 [end-of-course] |
|
assessment instrument administered [required] under Subsection (c) |
|
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) [or (c)] may |
|
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), [(c), (d),] or (l), excluding any assessment instrument |
|
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. |
|
[During the 2014-2015 and 2015-2016 school years, the agency shall |
|
release the questions and answer keys to assessment instruments as |
|
described by this subsection each year.] |
|
(g) An [The State Board of Education may adopt one |
|
appropriate, nationally recognized, norm-referenced] assessment |
|
instrument administered under Subsection (c) [in reading and |
|
mathematics to be administered to a selected sample of students in |
|
the spring. If adopted, a norm-referenced assessment instrument] |
|
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 [The state may pay the costs of |
|
purchasing and scoring the adopted assessment instrument and of |
|
distributing the results of the adopted instrument to the school |
|
districts. A district that administers the norm-referenced test |
|
adopted under this subsection shall report the results to the |
|
agency in a manner prescribed by the commissioner]. |
|
(h) Except as provided by Subsection (g), the [The] agency |
|
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 [The] school district shall disclose to each |
|
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[, except Subsection |
|
(d),] are subject to modification by rules adopted under Section |
|
39.022. Each assessment instrument adopted or designated under |
|
those rules [and each assessment instrument required under |
|
Subsection (d)] must be reliable and valid and must meet any |
|
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)[, (c),] or (l) and for the Texas Success Initiative |
|
(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 [END-OF-COURSE] ASSESSMENT INSTRUMENT |
|
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 [end-of-course] assessment instrument designated |
|
under Section 39.023(c) [developed by the agency is developed in |
|
such a manner that the assessment instrument] may be used to |
|
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 [end-of-course] |
|
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 |
|
[end-of-course] assessment instrument administered under Section |
|
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 [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[, as defined by |
|
Section 39.024(a)]. |
|
(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 [an end-of-course] assessment instrument |
|
selected under [listed in] Section 39.023(c) by the school district |
|
[only for a course] in which the student is enrolled [and for which |
|
an end-of-course assessment instrument is administered]. A student |
|
is required to achieve a scale score that indicates satisfactory |
|
performance, as determined by the commissioner under Section |
|
39.0241(a), on each [end-of-course] assessment instrument |
|
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 [end-of-course] assessment |
|
instrument [instruments] in the manner provided under this |
|
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 |
|
[end-of-course] assessment instruments administered under Section |
|
39.023(c). |
|
(b) Each time an [end-of-course] assessment instrument |
|
[adopted] under Section 39.023(c) is administered, a student who |
|
failed to achieve a score requirement under Subsection (a) may |
|
retake the assessment instrument. [A student is not required to |
|
retake a course as a condition of retaking an end-of-course |
|
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 [end-of-course] assessment instrument |
|
administered under Section 39.023(c) with accelerated instruction |
|
[in the subject assessed by the assessment instrument]. |
|
(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 [end-of-course] assessment instruments |
|
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), [(c), (d),] or (l) that is separate |
|
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[, or social studies]. |
|
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) |
|
[551.125(c)-(f)], Government Code. |
|
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 [OTHER GOVERNMENTAL BODY]. (a) Except as |
|
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) [an emergency or public necessity exists within |
|
the meaning of Section 551.045 of this chapter; and |
|
[(2)] the convening at one location of a quorum of the |
|
governmental body is difficult or impossible; or |
|
(2) [(3)] the meeting is held by an advisory board. |
|
(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 [specify |
|
as the location of the meeting the location where meetings of the |
|
governmental body are usually held]. |
|
(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) [(e)] Each part of the telephone conference call |
|
meeting that is required to be open to the public shall be audible |
|
to the public using the access information described by Subsection |
|
(d) [at the location specified in the notice of the meeting as the |
|
location of the meeting] and shall be recorded. The recording shall |
|
be made available to the public. |
|
(g) [(f)] The [location designated in the notice as the |
|
location of the meeting shall provide two-way communication during |
|
the entire telephone conference call meeting and the] |
|
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) [(a-1)] A member or employee of a governmental body may |
|
participate remotely in a meeting of the governmental body by means |
|
of a videoconference call if the [video and] audio feed and, if |
|
applicable, video feed of the member's or employee's |
|
participation[, as applicable, is broadcast live at the meeting |
|
and] complies with the provisions of this section. |
|
(c) [(a-2)] A member of a governmental body who |
|
participates in a meeting as provided by Subsection (b) [(a-1)] |
|
shall be counted as present at the meeting for all purposes. |
|
(d) [(a-3)] A member of a governmental body who |
|
participates in a meeting by videoconference call shall be |
|
considered absent from any portion of the meeting during which |
|
audio [or video] communication with the member is lost or |
|
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 [remains present at the |
|
meeting location or, if applicable, continues to participate in a |
|
meeting conducted under Subsection (c)]. |
|
[(b) A meeting may be held by videoconference call only if a |
|
quorum of the governmental body is physically present at one |
|
location of the meeting, except as provided by Subsection (c). |
|
[(c) A meeting of a state governmental body or a |
|
governmental body that extends into three or more counties may be |
|
held by videoconference call only if the member of the governmental |
|
body presiding over the meeting is physically present at one |
|
location of the meeting that is open to the public during the open |
|
portions of the meeting.] |
|
(e) [(d)] A meeting held by videoconference call is subject |
|
to the notice requirements applicable to other meetings except as |
|
otherwise provided by Subsection (f) [in addition to the notice |
|
requirements prescribed by this section]. |
|
(f) [(e)] The notice of a meeting to be held by |
|
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 [specify |
|
as a location of the meeting the location where a quorum of the |
|
governmental body will be physically present and specify the intent |
|
to have a quorum present at that location, except that the notice of |
|
a meeting to be held by videoconference call under Subsection (c) |
|
must specify as a location of the meeting the location where the |
|
member of the governmental body presiding over the meeting will be |
|
physically present and specify the intent to have the member of the |
|
governmental body presiding over the meeting present at that |
|
location. The location where the member of the governmental body |
|
presiding over the meeting is physically present shall be open to |
|
the public during the open portions of the meeting]. |
|
(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) [(f)] Each portion of a meeting held by videoconference |
|
call that is required to be open to the public shall be [visible |
|
and] audible and, if applicable, visible to the public using the |
|
access information described by Subsection (f) [at the location |
|
specified under Subsection (e)]. If a problem occurs that causes a |
|
meeting to no longer be [visible and] audible to the public [at that |
|
location], the meeting must be recessed until the problem is |
|
resolved. If the problem is not resolved in six hours or less, the |
|
meeting must be adjourned. |
|
(i) [(g)] The governmental body shall make at least an audio |
|
recording of the meeting. The recording shall be made available to |
|
the public. |
|
(j) [(h) The location specified under Subsection (e), and |
|
each remote location from which a member of the governmental body |
|
participates, shall have two-way audio and video communication with |
|
each other location during the entire meeting.] The face of each |
|
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 [in attendance at the physical |
|
location described by Subsection (e) and] at any [other] location |
|
described by Subsection (f)(2) [of the meeting that is open to the |
|
public]. |
|
(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) [(i)] The Department of Information Resources by rule |
|
shall specify minimum technical quality standards for [audio and |
|
video signals at] a meeting held by videoconference call. [The |
|
quality of the audio and video signals perceptible at each location |
|
of the meeting must meet or exceed those standards.] |
|
(m) [(j)] The audio and video signals perceptible by |
|
members of the public using the access information described under |
|
Subsection (f) [at each location of the meeting described by |
|
Subsection (h)] must be of sufficient quality so that members of the |
|
public [at each location] can observe the demeanor or [and] hear the |
|
voice, as applicable, of each participant in the open portion of the |
|
meeting. |
|
(n) [(k)] Without regard to whether a member of the |
|
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), [(e), and] (f), and (g). |
|
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 [551.125(b)(3)], Government Code. |
|
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), [(e), and] (f), and (g), Government Code. |
|
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 [Section] 251.012 and 251.0125, a person may not operate |
|
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[: |
|
[(1) as a part of the graduate medical education |
|
training program; and |
|
[(2)] under the supervision of a physician. |
|
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) [currently practice in an established place of |
|
business; and |
|
[(3)] be responsible for the direct supervision and |
|
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) [551.125(c)-(f)], |
|
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. |