Bill Text: TX HB4595 | 2023-2024 | 88th Legislature | Engrossed
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB4595 Detail]
Download: Texas-2023-HB4595-Engrossed.html
Bill Title: Relating to nonsubstantive additions to, revisions of, and corrections in enacted codes and to the nonsubstantive codification or disposition of various laws omitted from enacted codes.
Spectrum: Bipartisan Bill
Status: (Passed) 2023-06-12 - Effective on 9/1/23 [HB4595 Detail]
Download: Texas-2023-HB4595-Engrossed.html
88R6736 JSC-D | ||
By: Leach | H.B. No. 4595 |
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relating to nonsubstantive additions to, revisions of, and | ||
corrections in enacted codes and to the nonsubstantive codification | ||
or disposition of various laws omitted from enacted codes. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
ARTICLE 1. GENERAL PROVISIONS | ||
SECTION 1.001. This Act is enacted as part of the state's | ||
continuing statutory revision program under Chapter 323, | ||
Government Code. This Act is a revision for purposes of Section 43, | ||
Article III, Texas Constitution, and has the purposes of: | ||
(1) codifying without substantive change or providing | ||
for other appropriate disposition of various statutes that were | ||
omitted from enacted codes; | ||
(2) revising without substantive change provisions in | ||
enacted codes; | ||
(3) making necessary corrections to enacted codes; and | ||
(4) renumbering or otherwise redesignating titles, | ||
chapters, and sections of codes that duplicate title, chapter, or | ||
section designations. | ||
SECTION 1.002. (a) The repeal of a statute by this Act does | ||
not affect an amendment, revision, or reenactment of the statute by | ||
the 88th Legislature, Regular Session, 2023. The amendment, | ||
revision, or reenactment is preserved and given effect as part of | ||
the code provision that revised the statute so amended, revised, or | ||
reenacted. | ||
(b) If any provision of this Act conflicts with a statute | ||
enacted by the 88th Legislature, Regular Session, 2023, the statute | ||
controls. | ||
SECTION 1.003. (a) A transition or saving provision of a | ||
law codified by this Act applies to the codified law to the same | ||
extent as it applied to the original law. | ||
(b) The repeal of a transition or saving provision by this | ||
Act does not affect the application of the provision to the codified | ||
law. | ||
(c) In this section, "transition provision" includes any | ||
temporary provision providing for a special situation in the | ||
transition period between the existing law and the establishment or | ||
implementation of the new law. | ||
SECTION 1.004. (a) The repeal of a law, including a | ||
validating law, by this Act does not remove, void, or otherwise | ||
affect in any manner a validation under the repealed law. The | ||
validation is preserved and continues to have the same effect that | ||
it would have if the law were not repealed. | ||
(b) Subsection (a) of this section does not diminish the | ||
saving provisions prescribed by Section 311.031, Government Code. | ||
ARTICLE 2. CHANGES RELATING TO ALCOHOLIC BEVERAGE CODE | ||
SECTION 2.001. Section 5.10(c), Alcoholic Beverage Code, is | ||
amended to conform to Chapter 269 (H.B. 752), Acts of the 73rd | ||
Legislature, Regular Session, 1993, to read as follows: | ||
(c) The administrator or the administrator's designee shall | ||
prepare and maintain a written policy statement to assure | ||
implementation of a program of equal employment opportunity under | ||
which all personnel transactions are made without regard to race, | ||
color, disability, sex, religion, age, or national origin. The | ||
policy statement must include: | ||
(1) personnel policies, including policies relating | ||
to recruitment, evaluation, selection, appointment, training, and | ||
promotion of personnel that are in compliance with the requirements | ||
of Chapter 21, Labor Code [ |
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(2) a comprehensive analysis of the commission work | ||
force that meets federal and state guidelines; | ||
(3) procedures by which a determination can be made of | ||
significant underuse in the commission work force of all persons | ||
for whom federal or state guidelines encourage a more equitable | ||
balance; and | ||
(4) reasonable methods to appropriately address those | ||
areas of significant underuse. | ||
SECTION 2.002. Section 106.17, Alcoholic Beverage Code, as | ||
added by Chapter 79 (S.B. 315), Acts of the 87th Legislature, | ||
Regular Session, 2021, is repealed as duplicative of Section | ||
106.17, Alcoholic Beverage Code, as added by Chapter 942 (S.B. | ||
766), Acts of the 87th Legislature, Regular Session, 2021. | ||
ARTICLE 3. CHANGES RELATING TO BUSINESS & COMMERCE CODE | ||
SECTION 3.001. Section 102.053, Business & Commerce Code, | ||
is amended to correct a reference to read as follows: | ||
Sec. 102.053. REMISSION OF FEE; SUBMISSION OF REPORTS. | ||
Each quarter, a sexually oriented business shall: | ||
(1) remit the fee imposed by Section 102.052 [ |
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to the comptroller in the manner prescribed by the comptroller; and | ||
(2) file a report with the comptroller in the manner | ||
and containing the information required by the comptroller. | ||
ARTICLE 4. CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | ||
SECTION 4.001. Section 22.001(a), Civil Practice and | ||
Remedies Code, is amended to correct a reference to read as follows: | ||
(a) Except as provided by Section 22.003 [ |
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is entitled to 10 dollars for each day the witness attends court. | ||
This fee includes the entitlement for travel and the witness is not | ||
entitled to any reimbursement for mileage traveled. | ||
SECTION 4.002. Section 51.014(a), Civil Practice and | ||
Remedies Code, as amended by Chapters 167 (S.B. 232), 528 (S.B. 6), | ||
and 813 (H.B. 2086), Acts of the 87th Legislature, Regular Session, | ||
2021, is reenacted and amended to read as follows: | ||
(a) A person may appeal from an interlocutory order of a | ||
district court, county court at law, statutory probate court, or | ||
county court that: | ||
(1) appoints a receiver or trustee; | ||
(2) overrules a motion to vacate an order that | ||
appoints a receiver or trustee; | ||
(3) certifies or refuses to certify a class in a suit | ||
brought under Rule 42 of the Texas Rules of Civil Procedure; | ||
(4) grants or refuses a temporary injunction or grants | ||
or overrules a motion to dissolve a temporary injunction as | ||
provided by Chapter 65; | ||
(5) denies a motion for summary judgment that is based | ||
on an assertion of immunity by an individual who is an officer or | ||
employee of the state or a political subdivision of the state; | ||
(6) denies a motion for summary judgment that is based | ||
in whole or in part upon a claim against or defense by a member of | ||
the electronic or print media, acting in such capacity, or a person | ||
whose communication appears in or is published by the electronic or | ||
print media, arising under the free speech or free press clause of | ||
the First Amendment to the United States Constitution, or Article | ||
I, Section 8, of the Texas Constitution, or Chapter 73; | ||
(7) grants or denies the special appearance of a | ||
defendant under Rule 120a, Texas Rules of Civil Procedure, except | ||
in a suit brought under the Family Code; | ||
(8) grants or denies a plea to the jurisdiction by a | ||
governmental unit as that term is defined in Section 101.001; | ||
(9) denies all or part of the relief sought by a motion | ||
under Section 74.351(b), except that an appeal may not be taken from | ||
an order granting an extension under Section 74.351; | ||
(10) grants relief sought by a motion under Section | ||
74.351(l); | ||
(11) denies a motion to dismiss filed under Section | ||
90.007; | ||
(12) denies a motion to dismiss filed under Section | ||
27.003; | ||
(13) denies a motion for summary judgment filed by an | ||
electric utility regarding liability in a suit subject to Section | ||
75.0022; | ||
(14) denies a motion filed by a municipality with a | ||
population of 500,000 or more in an action filed under Section | ||
54.012(6) or 214.0012, Local Government Code; [ |
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(15) makes a preliminary determination on a claim | ||
under Section 74.353; | ||
(16) [ |
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Section 148.003(d) or denies all or part of the relief sought by a | ||
motion under Section 148.003(f); or | ||
(17) [ |
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judgment filed by a contractor based on Section 97.002. | ||
SECTION 4.003. Section 51.015, Civil Practice and Remedies | ||
Code, is amended to correct a reference to read as follows: | ||
Sec. 51.015. COSTS OF APPEAL. In the case of an appeal | ||
brought pursuant to Section 51.014(a)(6) [ |
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appealed from is affirmed, the court of appeals shall order the | ||
appellant to pay all costs and reasonable attorney fees of the | ||
appeal; otherwise, each party shall be liable for and taxed its own | ||
costs of the appeal. | ||
ARTICLE 5. CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | ||
SECTION 5.001. Article 12.01, Code of Criminal Procedure, | ||
is amended to correct an error in punctuation to read as follows: | ||
Art. 12.01. FELONIES. Except as provided in Article 12.03, | ||
felony indictments may be presented within these limits, and not | ||
afterward: | ||
(1) no limitation: | ||
(A) murder and manslaughter; | ||
(B) sexual assault under Section 22.011(a)(2), | ||
Penal Code, or aggravated sexual assault under Section | ||
22.021(a)(1)(B), Penal Code; | ||
(C) sexual assault, if: | ||
(i) during the investigation of the offense | ||
biological matter is collected and the matter: | ||
(a) has not yet been subjected to | ||
forensic DNA testing; or | ||
(b) has been subjected to forensic DNA | ||
testing and the testing results show that the matter does not match | ||
the victim or any other person whose identity is readily | ||
ascertained; or | ||
(ii) probable cause exists to believe that | ||
the defendant has committed the same or a similar sex offense | ||
against five or more victims; | ||
(D) continuous sexual abuse of young child or | ||
disabled individual under Section 21.02, Penal Code; | ||
(E) indecency with a child under Section 21.11, | ||
Penal Code; | ||
(F) an offense involving leaving the scene of an | ||
accident under Section 550.021, Transportation Code, if the | ||
accident resulted in the death of a person; | ||
(G) trafficking of persons under Section | ||
20A.02(a)(7) or (8), Penal Code; | ||
(H) continuous trafficking of persons under | ||
Section 20A.03, Penal Code; or | ||
(I) compelling prostitution under Section | ||
43.05(a)(2), Penal Code; | ||
(2) ten years from the date of the commission of the | ||
offense: | ||
(A) theft of any estate, real, personal or mixed, | ||
by an executor, administrator, guardian or trustee, with intent to | ||
defraud any creditor, heir, legatee, ward, distributee, | ||
beneficiary or settlor of a trust interested in such estate; | ||
(B) theft by a public servant of government | ||
property over which the public servant exercises control in the | ||
public servant's official capacity; | ||
(C) forgery or the uttering, using, or passing of | ||
forged instruments; | ||
(D) injury to an elderly or disabled individual | ||
punishable as a felony of the first degree under Section 22.04, | ||
Penal Code; | ||
(E) sexual assault, except as provided by | ||
Subdivision (1) or (7); | ||
(F) arson; | ||
(G) trafficking of persons under Section | ||
20A.02(a)(1), (2), (3), or (4), Penal Code; or | ||
(H) compelling prostitution under Section | ||
43.05(a)(1), Penal Code; | ||
(3) seven years from the date of the commission of the | ||
offense: | ||
(A) misapplication of fiduciary property or | ||
property of a financial institution; | ||
(B) fraudulent securing of document execution; | ||
(C) a felony violation under Chapter 162, Tax | ||
Code; | ||
(D) false statement to obtain property or credit | ||
under Section 32.32, Penal Code; | ||
(E) money laundering; | ||
(F) credit card or debit card abuse under Section | ||
32.31, Penal Code; | ||
(G) fraudulent use or possession of identifying | ||
information under Section 32.51, Penal Code; | ||
(H) exploitation of a child, elderly individual, | ||
or disabled individual under Section 32.53, Penal Code; | ||
(I) health care fraud under Section 35A.02, Penal | ||
Code; or | ||
(J) bigamy under Section 25.01, Penal Code, | ||
except as provided by Subdivision (6); | ||
(4) five years from the date of the commission of the | ||
offense: | ||
(A) theft or robbery; | ||
(B) except as provided by Subdivision (5), | ||
kidnapping or burglary; | ||
(C) injury to an elderly or disabled individual | ||
that is not punishable as a felony of the first degree under Section | ||
22.04, Penal Code; | ||
(D) abandoning or endangering a child; or | ||
(E) insurance fraud; | ||
(5) if the investigation of the offense shows that the | ||
victim is younger than 17 years of age at the time the offense is | ||
committed, 20 years from the 18th birthday of the victim of one of | ||
the following offenses: | ||
(A) sexual performance by a child under Section | ||
43.25, Penal Code; | ||
(B) aggravated kidnapping under Section | ||
20.04(a)(4), Penal Code, if the defendant committed the offense | ||
with the intent to violate or abuse the victim sexually; or | ||
(C) burglary under Section 30.02, Penal Code, if | ||
the offense is punishable under Subsection (d) of that section and | ||
the defendant committed the offense with the intent to commit an | ||
offense described by Subdivision (1)(B) or (D) of this article or | ||
Paragraph (B) of this subdivision; | ||
(6) ten years from the 18th birthday of the victim of | ||
the offense: | ||
(A) trafficking of persons under Section | ||
20A.02(a)(5) or (6), Penal Code; | ||
(B) injury to a child under Section 22.04, Penal | ||
Code; or | ||
(C) bigamy under Section 25.01, Penal Code, if | ||
the investigation of the offense shows that the person, other than | ||
the legal spouse of the defendant, whom the defendant marries or | ||
purports to marry or with whom the defendant lives under the | ||
appearance of being married is younger than 18 years of age at the | ||
time the offense is committed; | ||
(7) two years from the date the offense was | ||
discovered: sexual assault punishable as a state jail felony under | ||
Section 22.011(f)(2), Penal Code; or | ||
(8) three years from the date of the commission of the | ||
offense: all other felonies. | ||
SECTION 5.002. Article 17.091, Code of Criminal Procedure, | ||
is amended to conform to the amendment of Article 42A.054(a), Code | ||
of Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th | ||
Legislature, Regular Session, 2019, to read as follows: | ||
Art. 17.091. NOTICE OF CERTAIN BAIL REDUCTIONS | ||
REQUIRED. Before a judge or magistrate reduces the amount of bail | ||
set for a defendant charged with an offense listed in Article | ||
42A.054 or [ |
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shall provide: | ||
(1) to the attorney representing the state, reasonable | ||
notice of the proposed bail reduction; and | ||
(2) on request of the attorney representing the state | ||
or the defendant or the defendant's counsel, an opportunity for a | ||
hearing concerning the proposed bail reduction. | ||
ARTICLE 6. CHANGES RELATING TO EDUCATION CODE | ||
SECTION 6.001. Section 12.013(b), Education Code, as | ||
amended by Chapters 887 (S.B. 1697) and 1046 (S.B. 1365), Acts of | ||
the 87th Legislature, Regular Session, 2021, is reenacted and | ||
amended to read as follows: | ||
(b) A home-rule school district is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) a provision of this title relating to limitations | ||
on liability; and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) educator certification under Chapter 21 and | ||
educator rights under Sections 21.407, 21.408, and 22.001; | ||
(C) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(D) student admissions under Section 25.001; | ||
(E) school attendance under Sections 25.085, | ||
25.086, and 25.087; | ||
(F) inter-district or inter-county transfers of | ||
students under Subchapter B, Chapter 25; | ||
(G) elementary class size limits under Section | ||
25.112, in the case of any campus in the district that fails to | ||
satisfy any standard under Section 39.054(e); | ||
(H) high school graduation under Section 28.025; | ||
(I) special education programs under Subchapter | ||
A, Chapter 29; | ||
(J) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(K) prekindergarten programs under Subchapter E, | ||
Chapter 29; | ||
(L) safety provisions relating to the | ||
transportation of students under Sections 34.002, 34.003, 34.004, | ||
and 34.008; | ||
(M) computation and distribution of state aid | ||
under Chapters 31, 43, and 48; | ||
(N) extracurricular activities under Section | ||
33.081; | ||
(O) health and safety under Chapter 38; | ||
(P) the provisions of Subchapter A, Chapter 39; | ||
(Q) public school accountability and special | ||
investigations under Subchapters A, B, C, D, and J, Chapter 39, and | ||
Chapter 39A; | ||
(R) options for local revenue levels in excess of | ||
entitlement under Chapter 49; | ||
(S) a bond or other obligation or tax rate under | ||
Chapters 43, 45, and 48; | ||
(T) purchasing under Chapter 44; and | ||
(U) [ |
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under Section 28.02124. | ||
SECTION 6.002. Section 12.056(b), Education Code, as | ||
amended by Chapters 887 (S.B. 1697), 974 (S.B. 2081), and 1046 (S.B. | ||
1365), Acts of the 87th Legislature, Regular Session, 2021, is | ||
reenacted and amended to read as follows: | ||
(b) A campus or program for which a charter is granted under | ||
this subchapter is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; and | ||
(2) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) high school graduation under Section 28.025; | ||
(D) special education programs under Subchapter | ||
A, Chapter 29; | ||
(E) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(F) prekindergarten programs under Subchapter E, | ||
Chapter 29, except class size limits for prekindergarten classes | ||
imposed under Section 25.112, which do not apply; | ||
(G) extracurricular activities under Section | ||
33.081; | ||
(H) health and safety under Chapter 38; | ||
(I) the provisions of Subchapter A, Chapter 39; | ||
(J) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, and J, Chapter 39, | ||
and Chapter 39A; | ||
(K) the duty to discharge or refuse to hire | ||
certain employees or applicants for employment under Section | ||
12.1059; and | ||
(L) [ |
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under Section 28.02124. | ||
SECTION 6.003. Section 12.104(b), Education Code, as | ||
amended by Chapters 542 (S.B. 168), 887 (S.B. 1697), 915 (H.B. | ||
3607), 974 (S.B. 2081), and 1046 (S.B. 1365), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(b) An open-enrollment charter school is subject to: | ||
(1) a provision of this title establishing a criminal | ||
offense; | ||
(2) the provisions in Chapter 554, Government Code; | ||
and | ||
(3) a prohibition, restriction, or requirement, as | ||
applicable, imposed by this title or a rule adopted under this | ||
title, relating to: | ||
(A) the Public Education Information Management | ||
System (PEIMS) to the extent necessary to monitor compliance with | ||
this subchapter as determined by the commissioner; | ||
(B) criminal history records under Subchapter C, | ||
Chapter 22; | ||
(C) reading instruments and accelerated reading | ||
instruction programs under Section 28.006; | ||
(D) accelerated instruction under Section | ||
28.0211; | ||
(E) high school graduation requirements under | ||
Section 28.025; | ||
(F) special education programs under Subchapter | ||
A, Chapter 29; | ||
(G) bilingual education under Subchapter B, | ||
Chapter 29; | ||
(H) prekindergarten programs under Subchapter E | ||
or E-1, Chapter 29, except class size limits for prekindergarten | ||
classes imposed under Section 25.112, which do not apply; | ||
(I) extracurricular activities under Section | ||
33.081; | ||
(J) discipline management practices or behavior | ||
management techniques under Section 37.0021; | ||
(K) health and safety under Chapter 38; | ||
(L) the provisions of Subchapter A, Chapter 39; | ||
(M) public school accountability and special | ||
investigations under Subchapters A, B, C, D, F, G, and J, Chapter | ||
39, and Chapter 39A; | ||
(N) the requirement under Section 21.006 to | ||
report an educator's misconduct; | ||
(O) intensive programs of instruction under | ||
Section 28.0213; | ||
(P) the right of a school employee to report a | ||
crime, as provided by Section 37.148; | ||
(Q) bullying prevention policies and procedures | ||
under Section 37.0832; | ||
(R) the right of a school under Section 37.0052 | ||
to place a student who has engaged in certain bullying behavior in a | ||
disciplinary alternative education program or to expel the student; | ||
(S) the right under Section 37.0151 to report to | ||
local law enforcement certain conduct constituting assault or | ||
harassment; | ||
(T) a parent's right to information regarding the | ||
provision of assistance for learning difficulties to the parent's | ||
child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d); | ||
(U) establishment of residency under Section | ||
25.001; | ||
(V) school safety requirements under Sections | ||
37.108, 37.1081, 37.1082, 37.109, 37.113, 37.114, 37.1141, 37.115, | ||
37.207, and 37.2071; | ||
(W) the early childhood literacy and mathematics | ||
proficiency plans under Section 11.185; | ||
(X) the college, career, and military readiness | ||
plans under Section 11.186; and | ||
(Y) [ |
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under Section 28.02124. | ||
SECTION 6.004. Section 12.1058(a), Education Code, as | ||
amended by Chapters 551 (S.B. 282) and 916 (H.B. 3610), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
(a) An open-enrollment charter school is considered to be: | ||
(1) a local government for purposes of Chapter 791, | ||
Government Code; | ||
(2) a local government for purposes of Chapter 2259, | ||
Government Code, except that an open-enrollment charter school may | ||
not issue public securities as provided by Section 2259.031(b), | ||
Government Code; | ||
(3) a political subdivision for purposes of Chapter | ||
172, Local Government Code; | ||
(4) a local governmental entity for purposes of | ||
Subchapter I, Chapter 271, Local Government Code; [ |
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(5) a political subdivision for purposes of Section | ||
180.008, Local Government Code; | ||
(6) [ |
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Section 16.061, Civil Practice and Remedies Code, with respect to | ||
any property purchased, leased, constructed, renovated, or | ||
improved with state funds under Section 12.128 of this code; and | ||
(7) [ |
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Section 11.11, Tax Code. | ||
SECTION 6.005. (a) Section 12.263, Education Code, as | ||
effective September 1, 2023, is amended to conform to Chapter 489 | ||
(H.B. 3456), Acts of the 87th Legislature, Regular Session, 2021, | ||
by adding Subsection (h) to read as follows: | ||
(h) Notwithstanding any other law, for purposes of any | ||
budget reductions requested by the Legislative Budget Board or the | ||
governor, any money received by a nonprofit entity granted a | ||
charter under this subchapter or appropriated to the agency for | ||
purposes of operating an adult education program under this | ||
subchapter is considered to be part of the foundation school | ||
program and is not subject to those budget reductions. | ||
(b) Section 2, Chapter 489 (H.B. 3456), Acts of the 87th | ||
Legislature, Regular Session, 2021, which added Section | ||
29.259(j-1), Education Code, is repealed. | ||
SECTION 6.006. Section 21.051, Education Code, as amended | ||
by Chapters 215 (H.B. 159) and 952 (S.B. 1590), Acts of the 87th | ||
Legislature, Regular Session, 2021, is amended by reenacting and | ||
amending Subsection (f) and adding Subsection (f-1) to read as | ||
follows: | ||
(f) The board shall propose rules providing flexible | ||
options for persons for any field-based experience or internship | ||
required for certification, including options for candidate | ||
observations that provide for at least: | ||
(1) two observations to occur in person and two | ||
additional observations to occur in virtual settings that are | ||
equivalent in rigor to in-person options for observation; or | ||
(2) three observations to occur in person. | ||
(f-1) The options required under Subsection (f) must, to the | ||
greatest extent practicable, involve interaction with a diverse | ||
student population, including students with disabilities. | ||
SECTION 6.007. Section 21.4551(b), Education Code, as | ||
amended by Chapter 973 (S.B. 2066), Acts of the 87th Legislature, | ||
Regular Session, 2021, is repealed to conform to the repeal of | ||
Section 21.4551, Education Code, by Chapter 1045 (S.B. 1267), Acts | ||
of the 87th Legislature, Regular Session, 2021. | ||
SECTION 6.008. Section 31.0211(c), Education Code, as | ||
amended by Chapters 806 (H.B. 1525) and 1003 (H.B. 3261), Acts of | ||
the 87th Legislature, Regular Session, 2021, is reenacted and | ||
amended to read as follows: | ||
(c) Funds allotted under this section may be used to: | ||
(1) purchase: | ||
(A) materials on the list adopted by the | ||
commissioner, as provided by Section 31.0231; | ||
(B) instructional materials, regardless of | ||
whether the instructional materials are on the list adopted under | ||
Section 31.024; | ||
(C) consumable instructional materials, | ||
including workbooks; | ||
(D) instructional materials for use in bilingual | ||
education classes, as provided by Section 31.029; | ||
(E) instructional materials for use in college | ||
preparatory courses under Section 28.014, as provided by Section | ||
31.031; | ||
(F) supplemental instructional materials, as | ||
provided by Section 31.035; | ||
(G) state-developed open education resource | ||
instructional materials, as provided by Subchapter B-1; | ||
(H) instructional materials and technological | ||
equipment under any continuing contracts of the district in effect | ||
on September 1, 2011; | ||
(I) technological equipment necessary to support | ||
the use of materials included on the list adopted by the | ||
commissioner under Section 31.0231 or any instructional materials | ||
purchased with an allotment under this section; | ||
(J) inventory software or systems for storing, | ||
managing, and accessing instructional materials and analyzing the | ||
usage and effectiveness of the instructional materials; and | ||
(K) services, equipment, and technology | ||
infrastructure necessary to ensure Internet connectivity and | ||
adequate bandwidth; and | ||
(2) pay: | ||
(A) for training educational personnel directly | ||
involved in student learning in the appropriate use of | ||
instructional materials and for providing for access to | ||
technological equipment for instructional use; | ||
(B) for training personnel in the electronic | ||
administration of assessment instruments; [ |
||
(C) the salary and other expenses of an employee | ||
who provides technical support for the use of technological | ||
equipment directly involved in student learning; and | ||
(D) [ |
||
learning, including Wi-Fi, Internet access hotspots, wireless | ||
network service, broadband service, and other services and | ||
technological equipment necessary to facilitate Internet access. | ||
SECTION 6.009. Sections 48.009(b-1) and (b-2), Education | ||
Code, as added by Chapter 915 (H.B. 3607), Acts of the 87th | ||
Legislature, Regular Session, 2021, are repealed as duplicative of | ||
Sections 48.009(b)(6) and (7), Education Code, as added by Chapter | ||
806 (H.B. 1525), Acts of the 87th Legislature, Regular Session, | ||
2021. | ||
SECTION 6.010. Section 48.009(b-3), Education Code, is | ||
amended to correct a reference to read as follows: | ||
(b-3) A student reported under Subsection (b)(7) [ |
||
having enrolled in a high school equivalency program, a dropout | ||
recovery school, or an adult education program provided under a | ||
high school diploma and industry certification charter school | ||
program must be reported through the Public Education Information | ||
Management System as having previously dropped out of school. | ||
SECTION 6.011. Section 48.009(b-4), Education Code, as | ||
added by Chapter 806 (H.B. 1525), Acts of the 87th Legislature, | ||
Regular Session, 2021, is repealed as duplicative of Section | ||
48.009(b-3), Education Code, as added by Chapter 915 (H.B. 3607), | ||
Acts of the 87th Legislature, Regular Session, 2021. | ||
SECTION 6.012. Section 134.004, Education Code, as amended | ||
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted to read as | ||
follows: | ||
Sec. 134.004. JOBS AND EDUCATION FOR TEXANS (JET) GRANT | ||
PROGRAM. (a) The commission shall establish and administer the Jobs | ||
and Education for Texans (JET) Grant Program to provide grants to | ||
public junior colleges, public technical institutes, public state | ||
colleges, and school districts and open-enrollment charter schools | ||
described under Section 134.007 that apply to the advisory board in | ||
the manner prescribed by the advisory board. The commission shall | ||
award the grants on the advice and recommendations of the advisory | ||
board. | ||
(b) Grants may be awarded under this chapter from the Jobs | ||
and Education for Texans (JET) fund to defray the start-up costs | ||
associated with the development of new career and technical | ||
education programs at public junior colleges, public technical | ||
institutes, public state colleges, and school districts and | ||
open-enrollment charter schools described under Section 134.007 | ||
that meet the requirements of Section 134.006. | ||
SECTION 6.013. Section 134.006(a), Education Code, as | ||
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
(a) The commission may award a grant for the development of | ||
new career and technical education courses or programs at public | ||
junior colleges, public technical institutes, public state | ||
colleges, and school districts[ |
||
schools described under Section 134.007. | ||
SECTION 6.014. Section 134.006(d), Education Code, as | ||
amended by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted to read as | ||
follows: | ||
(d) To be eligible to receive a grant under this section, a | ||
public junior college, public technical institute, public state | ||
college, or school district or open-enrollment charter school | ||
described under Section 134.007 must provide matching funds in | ||
accordance with rules adopted under Section 134.008. The matching | ||
funds may be obtained from any source available to the public junior | ||
college, public technical institute, public state college, school | ||
district, or open-enrollment charter school, including industry | ||
consortia, community or foundation grants, individual | ||
contributions, and local governmental agency operating funds. | ||
SECTION 6.015. Section 134.007, Education Code, as amended | ||
by Chapters 80 (S.B. 346) and 499 (H.B. 4279), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
Sec. 134.007. GRANTS AWARDED TO SCHOOL DISTRICT OR | ||
OPEN-ENROLLMENT CHARTER SCHOOL. The commission may award a grant | ||
under this chapter to: | ||
(1) an independent [ |
||
open-enrollment charter school [ |
||
district[ |
||
[ |
||
has entered into a partnership with a public junior college, public | ||
technical institute, or public state college for the purpose of: | ||
(A) promoting career and technical education to | ||
the district's or school's students; or | ||
(B) offering dual credit courses to the | ||
district's or school's students; or | ||
(2) the Windham School District. | ||
SECTION 6.016. Section 1001.108(b), Education Code, is | ||
amended to correct a reference to read as follows: | ||
(b) The curriculum must include information about each | ||
matter listed in Section 692A.020(k) [ |
||
Code. | ||
ARTICLE 7. CHANGES RELATING TO ELECTION CODE | ||
SECTION 7.001. Sections 13.004(d) and (e), Election Code, | ||
are amended to conform to Chapter 711 (H.B. 3107), Acts of the 87th | ||
Legislature, Regular Session, 2021, to read as follows: | ||
(d) The voter registrar or other county official who has | ||
access to the information furnished on a registration application | ||
may not post the following information on a website: | ||
(1) a telephone number; | ||
(2) a social security number; | ||
(3) a driver's license number or a number of a personal | ||
identification card; | ||
(4) a date of birth; or | ||
(5) the residence address of a voter who submits | ||
documentation under Subsection (c)(4), (5) [ |
||
received notification under Section 15.0215. | ||
(e) Documentation submitted under Subsection (c)(4), (5) | ||
[ |
||
voter registration application. | ||
SECTION 7.002. Section 87.121, Election Code, as reenacted | ||
and amended by Chapters 66 (H.B. 1622) and 317 (H.B. 1382), Acts of | ||
the 87th Legislature, Regular Session, 2021, is reenacted and | ||
amended to read as follows: | ||
Sec. 87.121. EARLY VOTING ROSTERS. (a) The early voting | ||
clerk shall maintain for each election a roster listing each person | ||
who votes an early voting ballot by personal appearance and a roster | ||
listing each person to whom an early voting ballot to be voted by | ||
mail is sent. | ||
(b) For each person listed, the applicable roster must | ||
include: | ||
(1) the person's name, address, and voter registration | ||
number; | ||
(2) an identification of the person's county election | ||
precinct of registration; and | ||
(3) the date of voting or the date the ballot was | ||
mailed to the person, as applicable. | ||
(c) Each roster shall be updated daily. | ||
(d) Each roster may be maintained in any form approved by | ||
the secretary of state. | ||
(e) The clerk shall preserve each roster after the election | ||
for the period for preserving the precinct election records. | ||
(f) Information on the roster for a person to whom an early | ||
voting mail ballot has been sent is not available for public | ||
inspection, except to the voter seeking to verify that the | ||
information pertaining to the voter is accurate, until the first | ||
business day after election day. | ||
(g) Information on the roster for a person who votes an | ||
early voting ballot by personal appearance shall be made available | ||
for public inspection as provided by Subsection (i) not later than | ||
11 a.m. on the day after the date the information is entered on the | ||
roster under Subsection (c). | ||
(h) Information on the roster for a person who votes an | ||
early voting ballot by mail shall be made available for public | ||
inspection as provided by Subsection (i) not later than 11 a.m. on | ||
the day following the day the early voting clerk receives any ballot | ||
voted by mail. | ||
(i) The information under Subsections (g) and (h) must be | ||
made available: | ||
(1) for an election in which the county clerk is the | ||
early voting clerk: | ||
(A) on the publicly accessible Internet website | ||
of the county; or | ||
(B) if the county does not maintain a website, on | ||
the bulletin board used for posting notice of meetings of the | ||
commissioners court; or | ||
(2) for an election not described by Subdivision (1): | ||
(A) on the publicly accessible Internet website | ||
of the authority ordering the election; or | ||
(B) if the authority ordering the election does | ||
not maintain a website, on the bulletin board used for posting | ||
notice of meetings of the governing body of the authority. | ||
(j) The early voting clerk for a primary election or the | ||
general election for state and county officers shall submit to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website the information described by: | ||
(1) Subsection (g) not later than 11 a.m. on the day | ||
after the date the information is entered on the roster under | ||
Subsection (c); and | ||
(2) Subsection (h) not later than 11 a.m. on the day | ||
following the day the early voting clerk receives any ballot voted | ||
by mail. | ||
(k) The early voting clerk for a primary election or the | ||
general election for state and county officers shall submit to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website the election day information described by Subsections (g) | ||
and (h) not later than 11 a.m. on the day after the election. | ||
(l) The early voting clerk for a primary election or the | ||
general election for state and county officers shall submit to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website the final rosters containing information described by | ||
Subsections (g) and (h) not later than the 20th day after the date | ||
of the local canvass. | ||
(m) [ |
||
described by Subsection (j) on the secretary of state's Internet | ||
website in a downloadable format not later than 11 a.m. on the day | ||
following the day of receipt of the information. | ||
(n) [ |
||
an early voting clerk for a primary election or the general election | ||
for state and county officers to provide the information to the | ||
secretary of state for posting on the secretary of state's Internet | ||
website under Subsection (j). | ||
(o) [ |
||
the early voting clerk is conducting early voting may submit a | ||
complaint to the secretary of state stating that an early voting | ||
clerk has not complied with this section. | ||
(p) [ |
||
maintain a system for receiving and recording complaints made under | ||
this section. | ||
(q) [ |
||
indicating early voting clerks who have failed to comply with the | ||
requirements of this section. | ||
ARTICLE 8. CHANGES RELATING TO FAMILY CODE | ||
SECTION 8.001. Section 54.047(f), Family Code, as amended | ||
by Section 13, Chapter 948 (S.B. 1480), Acts of the 87th | ||
Legislature, Regular Session, 2021, is repealed to conform to the | ||
repeal of Section 54.047(f), Family Code, by Section 5.01(b)(5), | ||
Chapter 472 (S.B. 41), Acts of the 87th Legislature, Regular | ||
Session, 2021. | ||
SECTION 8.002. Section 161.001(c), Family Code, as amended | ||
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(c) Evidence of one or more of the following does not | ||
constitute clear and convincing evidence sufficient for a court to | ||
make a finding under Subsection (b) and order termination of the | ||
parent-child relationship: | ||
(1) the parent homeschooled the child; | ||
(2) the parent is economically disadvantaged; | ||
(3) the parent has been charged with a nonviolent | ||
misdemeanor offense other than: | ||
(A) an offense under Title 5, Penal Code; | ||
(B) an offense under Title 6, Penal Code; or | ||
(C) an offense that involves family violence, as | ||
defined by Section 71.004 of this code; | ||
(4) the parent provided or administered low-THC | ||
cannabis to a child for whom the low-THC cannabis was prescribed | ||
under Chapter 169, Occupations Code; | ||
(5) the parent declined immunization for the child for | ||
reasons of conscience, including a religious belief; [ |
||
(6) the parent sought an opinion from more than one | ||
medical provider relating to the child's medical care, transferred | ||
the child's medical care to a new medical provider, or transferred | ||
the child to another health care facility; or | ||
(7) [ |
||
independent activities that are appropriate and typical for the | ||
child's level of maturity, physical condition, developmental | ||
abilities, or culture. | ||
SECTION 8.003. Section 261.001(4), Family Code, as amended | ||
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(4) "Neglect" means an act or failure to act by a | ||
person responsible for a child's care, custody, or welfare | ||
evidencing the person's blatant disregard for the consequences of | ||
the act or failure to act that results in harm to the child or that | ||
creates an immediate danger to the child's physical health or | ||
safety and: | ||
(A) includes: | ||
(i) the leaving of a child in a situation | ||
where the child would be exposed to an immediate danger of physical | ||
or mental harm, without arranging for necessary care for the child, | ||
and the demonstration of an intent not to return by a parent, | ||
guardian, or managing or possessory conservator of the child; | ||
(ii) the following acts or omissions by a | ||
person: | ||
(a) placing a child in or failing to | ||
remove a child from a situation that a reasonable person would | ||
realize requires judgment or actions beyond the child's level of | ||
maturity, physical condition, or mental abilities and that results | ||
in bodily injury or an immediate danger of harm to the child; | ||
(b) failing to seek, obtain, or follow | ||
through with medical care for a child, with the failure resulting in | ||
or presenting an immediate danger of death, disfigurement, or | ||
bodily injury or with the failure resulting in an observable and | ||
material impairment to the growth, development, or functioning of | ||
the child; | ||
(c) the failure to provide a child | ||
with food, clothing, or shelter necessary to sustain the life or | ||
health of the child, excluding failure caused primarily by | ||
financial inability unless relief services had been offered and | ||
refused; | ||
(d) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to an immediate danger of sexual conduct harmful to the | ||
child; or | ||
(e) placing a child in or failing to | ||
remove the child from a situation in which the child would be | ||
exposed to acts or omissions that constitute abuse under | ||
Subdivision (1)(E), (F), (G), (H), or (K) committed against another | ||
child; | ||
(iii) the failure by the person responsible | ||
for a child's care, custody, or welfare to permit the child to | ||
return to the child's home without arranging for the necessary care | ||
for the child after the child has been absent from the home for any | ||
reason, including having been in residential placement or having | ||
run away; or | ||
(iv) a negligent act or omission by an | ||
employee, volunteer, or other individual working under the auspices | ||
of a facility or program, including failure to comply with an | ||
individual treatment plan, plan of care, or individualized service | ||
plan, that causes or may cause substantial emotional harm or | ||
physical injury to, or the death of, a child served by the facility | ||
or program as further described by rule or policy; and | ||
(B) does not include: | ||
(i) the refusal by a person responsible for | ||
a child's care, custody, or welfare to permit the child to remain in | ||
or return to the child's home resulting in the placement of the | ||
child in the conservatorship of the department if: | ||
(a) the child has a severe emotional | ||
disturbance; | ||
(b) the person's refusal is based | ||
solely on the person's inability to obtain mental health services | ||
necessary to protect the safety and well-being of the child; and | ||
(c) the person has exhausted all | ||
reasonable means available to the person to obtain the mental | ||
health services described by Sub-subparagraph (b); [ |
||
(ii) allowing the child to engage in | ||
independent activities that are appropriate and typical for the | ||
child's level of maturity, physical condition, developmental | ||
abilities, or culture; or | ||
(iii) [ |
||
responsible for a child's care, custody, or welfare to: | ||
(a) obtain an opinion from more than | ||
one medical provider relating to the child's medical care; | ||
(b) transfer the child's medical care | ||
to a new medical provider; or | ||
(c) transfer the child to another | ||
health care facility. | ||
SECTION 8.004. Section 262.116(a), Family Code, as amended | ||
by Chapters 8 (H.B. 567) and 29 (H.B. 2536), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted and amended to | ||
read as follows: | ||
(a) The Department of Family and Protective Services may not | ||
take possession of a child under this subchapter based on evidence | ||
that the parent: | ||
(1) homeschooled the child; | ||
(2) is economically disadvantaged; | ||
(3) has been charged with a nonviolent misdemeanor | ||
offense other than: | ||
(A) an offense under Title 5, Penal Code; | ||
(B) an offense under Title 6, Penal Code; or | ||
(C) an offense that involves family violence, as | ||
defined by Section 71.004 of this code; | ||
(4) provided or administered low-THC cannabis to a | ||
child for whom the low-THC cannabis was prescribed under Chapter | ||
169, Occupations Code; | ||
(5) declined immunization for the child for reasons of | ||
conscience, including a religious belief; [ |
||
(6) sought an opinion from more than one medical | ||
provider relating to the child's medical care, transferred the | ||
child's medical care to a new medical provider, or transferred the | ||
child to another health care facility; | ||
(7) [ |
||
activities that are appropriate and typical for the child's level | ||
of maturity, physical condition, developmental abilities, or | ||
culture; or | ||
(8) [ |
||
department has evidence that the parent's use of marihuana has | ||
caused significant impairment to the child's physical or mental | ||
health or emotional development. | ||
ARTICLE 9. CHANGES RELATING TO FINANCE CODE | ||
SECTION 9.001. Section 31.002(a)(15), Finance Code, is | ||
amended to correct a reference to read as follows: | ||
(15) "Deposit" means the establishment of a | ||
debtor-creditor relationship represented by the agreement of the | ||
deposit debtor to act as a holding, paying, or disbursing agent for | ||
the deposit creditor. The term: | ||
(A) includes: | ||
(i) an unpaid balance of money that is | ||
received by the deposit debtor in the usual course of business in | ||
exchange for conditional or unconditional credit to a commercial, | ||
checking, savings, or time account of the deposit creditor or the | ||
creditor's designee, or that is evidenced by a certificate of | ||
deposit or similar instrument, a certified check or draft drawn | ||
against a deposit account, or a letter of credit or traveler's check | ||
on which the deposit debtor is primarily liable, but excluding an | ||
obligation arising under Chapter 151 [ |
||
(ii) money or credit given for money | ||
received by the deposit debtor in the usual course of business for a | ||
special purpose, including money: | ||
(a) held as escrow money, as security | ||
for an obligation due to the deposit debtor or another person, or as | ||
security for a loan; | ||
(b) left with a deposit debtor by a | ||
deposit creditor to meet maturing obligations that are not yet due; | ||
and | ||
(c) held by the deposit debtor to meet | ||
an acceptance or letter of credit; | ||
(iii) an outstanding draft, cashier's | ||
check, money order, or other officer's check issued by the deposit | ||
debtor in the usual course of business for any purpose, including | ||
payment for services, dividends, or purchases; and | ||
(iv) an obligation that the finance | ||
commission by rule defines as a deposit liability, except that the | ||
term may not include money received for immediate application to | ||
reduction of an indebtedness; and | ||
(B) does not include an obligation that this | ||
subtitle or finance commission rule determines not to be a deposit | ||
liability. | ||
SECTION 9.002. Sections 59.011(a) and (c), Finance Code, | ||
are amended to conform to the expiration of Title 16, Property Code, | ||
on September 1, 2009, to read as follows: | ||
(a) For purposes of Chapter 27, Property Code, [ |
||
regulated under this code is not a builder. | ||
(c) A builder hired by a lender to complete the construction | ||
of a foreclosed home is not liable for any construction defects of | ||
which the builder had no knowledge that existed prior to the | ||
acquisition of the home by the lender, but the builder is subject to | ||
Chapter 27, Property Code, [ |
||
performed for the lender subsequent to the acquisition of the home | ||
by the lender. | ||
ARTICLE 10. CHANGES RELATING TO GOVERNMENT CODE | ||
SECTION 10.001. The heading to Subchapter H, Chapter 51, | ||
Government Code, is repealed to conform to the repeal of Sections | ||
51.702, 51.703, 51.704, 51.705, 51.706, 51.707, 51.708, 51.709, | ||
51.710, 51.711, and 51.713, Government Code, by Chapter 472 | ||
(S.B. 41), Acts of the 87th Legislature, Regular Session, 2021. | ||
SECTION 10.002. Section 402.0351(b), Government Code, as | ||
amended by Chapters 280 (H.B. 3721) and 1049 (S.B. 1831), Acts of | ||
the 87th Legislature, Regular Session, 2021, is reenacted to read | ||
as follows: | ||
(b) The attorney general by rule shall prescribe the design | ||
and content of a sign required to be posted under this section. The | ||
sign must: | ||
(1) contain information regarding services and | ||
assistance available to victims of human trafficking; | ||
(2) be in English, Spanish, and any other language | ||
determined appropriate by the attorney general in consultation with | ||
the council; and | ||
(3) include: | ||
(A) a toll-free telephone number and Internet | ||
website for accessing human trafficking resources; | ||
(B) the contact information for reporting | ||
suspicious activity to the Department of Public Safety; and | ||
(C) the key indicators that a person is a victim | ||
of human trafficking. | ||
SECTION 10.003. Section 411.179(a), Government Code, as | ||
amended by Chapters 203 (H.B. 918), 383 (S.B. 1134), and 821 (H.B. | ||
2675), Acts of the 87th Legislature, Regular Session, 2021, is | ||
reenacted and amended to read as follows: | ||
(a) The department by rule shall adopt the form of the | ||
license. A license must include: | ||
(1) a number assigned to the license holder by the | ||
department; | ||
(2) a statement of the period for which the license is | ||
effective; | ||
(3) a photograph of the license holder; | ||
(4) the license holder's full name, date of birth, hair | ||
and eye color, height, weight, and signature; | ||
(5) the license holder's residence address or, as | ||
provided by Subsection (d), the street address of the courthouse in | ||
which the license holder or license holder's spouse or parent | ||
serves as a federal judge or the license holder serves as a state | ||
judge; | ||
(6) the number of a driver's license or an | ||
identification certificate issued to the license holder by the | ||
department; | ||
(7) the designation "VETERAN" if required under | ||
Subsection (e); [ |
||
(8) any at-risk designation for which the license | ||
holder has established eligibility under Section 411.184; and | ||
(9) [ |
||
designation under Section 411.1735. | ||
SECTION 10.004. Section 478.0001(3), Government Code, as | ||
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), 605 (S.B. | ||
1155), and 915 (H.B. 3607), Acts of the 87th Legislature, Regular | ||
Session, 2021, is reenacted and amended to read as follows: | ||
(3) "Event" means any of the following and includes | ||
any activity related to or associated with the following: | ||
(A) the Academy of Country Music Awards; | ||
(B) the Amateur Athletic Union Junior Olympic | ||
Games; | ||
(C) a Big 12 Football Conference Championship | ||
game; | ||
(D) the Breeders' Cup World Championships; | ||
(E) a game of the College Football Playoff or its | ||
successor; | ||
(F) the Confederation of North, Central America | ||
and Caribbean Association Football (Concacaf) Gold Cup; | ||
(G) [ |
||
(H) [ |
||
Championship; | ||
(I) [ |
||
(J) [ |
||
sports entertainment venue in this state with a permanent seating | ||
capacity, including grandstand and premium seating, of at least | ||
125,000 on September 1, 2021; | ||
(K) [ |
||
Game; | ||
(L) [ |
||
or the Major League Soccer Cup; | ||
(M) [ |
||
(N) [ |
||
States; | ||
(O) [ |
||
Auto Racing (NASCAR): | ||
(i) All-Star Race; | ||
(ii) season-ending Championship Race; or | ||
(iii) Texas Grand Prix race; | ||
(P) [ |
||
All-Star Game; | ||
(Q) [ |
||
Association Final Four tournament game; | ||
(R) [ |
||
Association men's or women's lacrosse championships; | ||
(S) [ |
||
an amateur sport sanctioned by the national governing body of the | ||
sport that is recognized by the United States Olympic Committee; | ||
(T) [ |
||
Triple Crown; | ||
(U) [ |
||
Game; | ||
(V) the National Hot Rod Association Fall | ||
Nationals at the Texas Motorplex; | ||
(W) [ |
||
Republican National Committee or the Democratic National | ||
Committee; | ||
(X) [ |
||
Reined Cow Horse Association (NRCHA) Championship Series; | ||
(Y) [ |
||
Junior or Senior activity, training program, or feeder program | ||
sanctioned by the United States Olympic Committee's Community | ||
Olympic Development Program; | ||
(Z) [ |
||
debate; | ||
(AA) [ |
||
Association National Finals Rodeo; | ||
(BB) [ |
||
(CC) [ |
||
(DD) [ |
||
Cup soccer tournament; | ||
(EE) [ |
||
(FF) [ |
||
WrestleMania event; or | ||
(GG) [ |
||
SECTION 10.005. Section 478.0001(7), Government Code, as | ||
amended by Chapters 10 (H.B. 1472), 102 (S.B. 1265), and 915 (H.B. | ||
3607), Acts of the 87th Legislature, Regular Session, 2021, is | ||
reenacted and amended to read as follows: | ||
(7) "Site selection organization" means: | ||
(A) the Academy of Country Music; | ||
(B) the Amateur Athletic Union; | ||
(C) the Big 12 Conference; | ||
(D) the College Football Playoff Administration, | ||
LLC, or its successor; | ||
(E) the Commission on Presidential Debates; | ||
(F) the Confederation of North, Central America | ||
and Caribbean Association Football (Concacaf); | ||
(G) [ |
||
(H) [ |
||
(I) [ |
||
(J) [ |
||
(K) [ |
||
(L) [ |
||
Football Association (FIFA); | ||
(M) [ |
||
Association; | ||
(N) [ |
||
(O) [ |
||
(P) [ |
||
Auto Racing (NASCAR); | ||
(Q) [ |
||
(R) [ |
||
Association; | ||
(S) [ |
||
Association; | ||
(T) [ |
||
(U) [ |
||
(V) the National Hot Rod Association; | ||
(W) [ |
||
Association (NRCHA); | ||
(X) [ |
||
Association; | ||
(Y) [ |
||
(Z) [ |
||
(AA) [ |
||
(BB) [ |
||
(CC) [ |
||
(DD) [ |
||
sport that is recognized by: | ||
(i) the Federation Internationale de | ||
l'Automobile; | ||
(ii) Formula One Management Limited; | ||
(iii) the National Thoroughbred Racing | ||
Association; or | ||
(iv) the United States Olympic Committee. | ||
SECTION 10.006. Section 478.0053, Government Code, as | ||
amended by Chapter 10 (H.B. 1472), Acts of the 87th Legislature, | ||
Regular Session, 2021, is amended to conform to the amendment of | ||
Section 478.0001(3), Government Code, by Chapter 915 (H.B. 3607), | ||
Acts of the 87th Legislature, Regular Session, 2021, to read as | ||
follows: | ||
Sec. 478.0053. EXEMPTION FROM CERTAIN ELIGIBILITY | ||
REQUIREMENT FOR CERTAIN LARGE VENUES. Section 478.0051(b)(1) does | ||
not apply to an event described by Section 478.0001(3)(J) | ||
[ |
||
requests the office to make a determination under Section 478.0102 | ||
for an event described by Section 478.0001(3)(J) [ |
||
the remaining provisions of this chapter apply to that event as if | ||
the event satisfied the eligibility requirements under Section | ||
478.0051(b)(1). | ||
SECTION 10.007. Section 508.151(a), Government Code, is | ||
amended to conform to the amendment of Article 42A.054(a), Code of | ||
Criminal Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th | ||
Legislature, Regular Session, 2019, to read as follows: | ||
(a) For the purpose of diverting inmates to halfway houses | ||
under Section 508.118, a parole panel, after reviewing all | ||
available pertinent information, may designate a presumptive | ||
parole date for an inmate who: | ||
(1) has never been convicted of an offense listed | ||
under Article 42A.054(a), Code of Criminal Procedure, or an offense | ||
under Section [ |
||
(2) has never had a conviction with a judgment that | ||
contains an affirmative finding under Article 42A.054(c) or (d), | ||
Code of Criminal Procedure. | ||
SECTION 10.008. Section 2273.004(a), Government Code, is | ||
amended to correct a reference to read as follows: | ||
(a) The attorney general may bring an action in the name of | ||
the state to enjoin a violation of Section 2273.003 [ |
||
attorney general may recover reasonable attorney's fees and costs | ||
incurred in bringing an action under this subsection. | ||
ARTICLE 11. CHANGES RELATING TO HEALTH AND SAFETY CODE | ||
SECTION 11.001. Section 62.1571, Health and Safety Code, as | ||
amended by Chapters 624 (H.B. 4) and 811 (H.B. 2056), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
Sec. 62.1571. TELEMEDICINE MEDICAL SERVICES, [ |
||
TELEDENTISTRY DENTAL SERVICES, AND TELEHEALTH SERVICES. (a) In | ||
providing covered benefits to a child, a health plan provider must | ||
permit benefits to be provided through telemedicine medical | ||
services, [ |
||
services in accordance with policies developed by the commission. | ||
(b) The policies must provide for: | ||
(1) the availability of covered benefits | ||
appropriately provided through telemedicine medical services, | ||
[ |
||
that are comparable to the same types of covered benefits provided | ||
without the use of telemedicine medical services, [ |
||
teledentistry dental services, and [ |
||
(2) the availability of covered benefits for different | ||
services performed by multiple health care providers during a | ||
single session of telemedicine medical services, teledentistry | ||
dental services, or both services, or of telehealth services, if | ||
the executive commissioner determines that delivery of the covered | ||
benefits in that manner is cost-effective in comparison to the | ||
costs that would be involved in obtaining the services from | ||
providers without the use of telemedicine medical services, [ |
||
teledentistry dental services, or telehealth services, including | ||
the costs of transportation and lodging and other direct costs. | ||
(c) In this section, "teledentistry dental service," [ |
||
"telehealth service," and "telemedicine medical service" have the | ||
meanings assigned by Section 531.001, Government Code. | ||
SECTION 11.002. Sections 481.134(b) and (c), Health and | ||
Safety Code, as amended by Chapters 584 (S.B. 768) and 807 (H.B. | ||
1540), Acts of the 87th Legislature, Regular Session, 2021, are | ||
reenacted to read as follows: | ||
(b) An offense otherwise punishable as a state jail felony | ||
under Section 481.112, 481.1121, 481.1123, 481.113, 481.114, or | ||
481.120 is punishable as a felony of the third degree, an offense | ||
otherwise punishable as a felony of the third degree under any of | ||
those sections is punishable as a felony of the second degree, and | ||
an offense otherwise punishable as a felony of the second degree | ||
under any of those sections is punishable as a felony of the first | ||
degree, if it is shown at the punishment phase of the trial of the | ||
offense that the offense was committed: | ||
(1) in, on, or within 1,000 feet of premises owned, | ||
rented, or leased by an institution of higher learning, the | ||
premises of a public or private youth center, or a playground; | ||
(2) in, on, or within 300 feet of the premises of a | ||
public swimming pool or video arcade facility; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
(c) The minimum term of confinement or imprisonment for an | ||
offense otherwise punishable under Section 481.112(c), (d), (e), or | ||
(f), 481.1121(b)(2), (3), or (4), 481.1123(c), (d), (e), or (f), | ||
481.113(c), (d), or (e), 481.114(c), (d), or (e), 481.115(c)-(f), | ||
481.1151(b)(2), (3), (4), or (5), 481.116(c), (d), or (e), | ||
481.1161(b)(4), (5), or (6), 481.117(c), (d), or (e), 481.118(c), | ||
(d), or (e), 481.120(b)(4), (5), or (6), or 481.121(b)(4), (5), or | ||
(6) is increased by five years and the maximum fine for the offense | ||
is doubled if it is shown on the trial of the offense that the | ||
offense was committed: | ||
(1) in, on, or within 1,000 feet of the premises of a | ||
school, the premises of a public or private youth center, or a | ||
playground; | ||
(2) on a school bus; or | ||
(3) by any unauthorized person 18 years of age or | ||
older, in, on, or within 1,000 feet of premises owned, rented, or | ||
leased by a general residential operation operating as a | ||
residential treatment center. | ||
SECTION 11.003. Section 692A.020(i), Health and Safety | ||
Code, is amended to correct a typographical error to read as | ||
follows: | ||
(i) The Glenda Dawson Donate Life-Texas Registry fund is | ||
created as a trust fund outside the state treasury to be held by the | ||
comptroller and administered by the Department of Public Safety as | ||
trustee on behalf of the statewide donor registry maintained for | ||
the benefit of the citizens of this state. The fund is composed of | ||
money deposited to the credit of the fund under Sections | ||
502.405(b), 521.008, and 521.422(c), Transportation Code, as | ||
provided by those sections [ |
||
be disbursed at least monthly, without appropriation, to the | ||
nonprofit organization administering the registry to pay the costs | ||
of: | ||
(1) maintaining, operating, and updating the | ||
Internet-based registry and establishing procedures for an | ||
individual to be added to the registry; | ||
(2) designing and distributing educational materials | ||
for prospective donors as required under this section; and | ||
(3) providing education under this chapter. | ||
SECTION 11.004. Section 711.002(a), Health and Safety Code, | ||
is amended to correct a reference to read as follows: | ||
(a) Except as provided by Subsection (l), unless a decedent | ||
has left directions in writing for the disposition of the | ||
decedent's remains as provided in Subsection (g), the following | ||
persons, in the priority listed, have the right to control the | ||
disposition, including cremation, of the decedent's remains, shall | ||
inter the remains, and in accordance with Subsection (a-3) [ |
||
are liable for the reasonable cost of interment: | ||
(1) the person designated in a written instrument | ||
signed by the decedent; | ||
(2) the decedent's surviving spouse; | ||
(3) any one of the decedent's surviving adult | ||
children; | ||
(4) either one of the decedent's surviving parents; | ||
(5) any one of the decedent's surviving adult | ||
siblings; | ||
(6) any one or more of the duly qualified executors or | ||
administrators of the decedent's estate; or | ||
(7) any adult person in the next degree of kinship in | ||
the order named by law to inherit the estate of the decedent. | ||
SECTION 11.005. Section 771.060, Health and Safety Code, is | ||
amended to correct a reference to read as follows: | ||
Sec. 771.060. BUSINESS PROVIDING RESIDENTIAL TELEPHONE | ||
SWITCHES. A business service user that provides residential | ||
facilities and owns or leases a private telephone switch used to | ||
provide telephone service to facility residents shall provide to | ||
those residential end users the same level of 9-1-1 service that a | ||
service supplier is providing to other residential end users in the | ||
area participating in the regional plan under Section 771.051(a)(2) | ||
[ |
||
ARTICLE 12. CHANGES RELATING TO HUMAN RESOURCES CODE | ||
SECTION 12.001. Section 42.048(e), Human Resources Code, as | ||
amended by Chapters 37 (S.B. 863) and 547 (S.B. 225), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted to read as | ||
follows: | ||
(e) A license issued under this chapter is not transferable | ||
and applies only to the operator stated in the license application. | ||
A change in ownership automatically revokes a license. | ||
ARTICLE 13. CHANGES RELATING TO INSURANCE CODE | ||
SECTION 13.001. The heading to Subchapter C, Chapter 1109, | ||
Insurance Code, is repealed to conform to the repeal of Section | ||
1109.101, Insurance Code, by Section 18(2), Chapter 52 (H.B. 1514), | ||
Acts of the 87th Legislature, Regular Session, 2021. | ||
ARTICLE 14. CHANGES RELATING TO LABOR CODE | ||
SECTION 14.001. Section 51.016(h), Labor Code, as amended | ||
by Chapters 79 (S.B. 315) and 942 (S.B. 766), Acts of the 87th | ||
Legislature, Regular Session, 2021, is reenacted to read as | ||
follows: | ||
(h) The commission, the attorney general, or a law | ||
enforcement agency may inspect a record maintained under this | ||
section and request proof of E-verify program information | ||
verification if there is good reason to believe that an individual | ||
younger than 21 years of age is employed or has been employed by, or | ||
has entered into a contract, other than a contract described by | ||
Subsection (g), for the performance of work or the provision of a | ||
service with, the sexually oriented business within the five years | ||
preceding the date of the inspection. | ||
ARTICLE 15. CHANGES RELATING TO NATURAL RESOURCES CODE | ||
SECTION 15.001. Section 51.131(a), Natural Resources Code, | ||
is amended to correct a reference to read as follows: | ||
(a) For each lease issued under this subchapter for | ||
agricultural or grazing purposes, the commissioner may require the | ||
lessee to implement a soil and water conservation plan approved by | ||
the commissioner. The commissioner, in reviewing a plan, and the | ||
lessee, in implementing a plan, may be assisted by the United States | ||
Department of Agriculture Natural Resources Conservation Service. | ||
SECTION 15.002. Section 81.073, Natural Resources Code, as | ||
added by Chapter 931 (H.B. 3648), Acts of the 87th Legislature, | ||
Regular Session, 2021, is repealed as duplicative of Section | ||
81.073, Natural Resources Code, as added by Chapter 426 (S.B. 3), | ||
Acts of the 87th Legislature, Regular Session, 2021. | ||
ARTICLE 16. CHANGES RELATING TO OCCUPATIONS CODE | ||
SECTION 16.001. Section 51.002, Occupations Code, as | ||
amended by Chapters 663 (H.B. 1560) and 850 (S.B. 713), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted to read as | ||
follows: | ||
Sec. 51.002. APPLICATION OF SUNSET ACT. The Texas | ||
Commission of Licensing and Regulation and the Texas Department of | ||
Licensing and Regulation are subject to Chapter 325, Government | ||
Code (Texas Sunset Act). Unless continued in existence as provided | ||
by that chapter, the commission and the department are abolished | ||
September 1, 2033. | ||
SECTION 16.002. Section 568.003(a), Occupations Code, is | ||
amended to correct cross-references to conform to Chapter 1463 | ||
(H.B. 2950), Acts of the 77th Legislature, Regular Session, 2001, | ||
to read as follows: | ||
(a) The board may take disciplinary action under Section | ||
568.0035 against an applicant for or the holder of a current or | ||
expired pharmacy technician or pharmacy technician trainee | ||
registration if the board determines that the applicant or | ||
registrant has: | ||
(1) violated this subtitle or a rule adopted under | ||
this subtitle; | ||
(2) engaged in gross immorality, as that term is | ||
defined by the rules of the board; | ||
(3) engaged in any fraud, deceit, or | ||
misrepresentation, as those terms are defined by the rules of the | ||
board, in seeking a registration to act as a pharmacy technician or | ||
pharmacy technician trainee; | ||
(4) been convicted of or placed on deferred | ||
adjudication community supervision or deferred disposition or the | ||
applicable federal equivalent for: | ||
(A) a misdemeanor: | ||
(i) involving moral turpitude; or | ||
(ii) under Chapter 481 or 483, Health and | ||
Safety Code, or the Comprehensive Drug Abuse Prevention and Control | ||
Act of 1970 (21 U.S.C. Section 801 et seq.); or | ||
(B) a felony; | ||
(5) developed an incapacity that prevents the | ||
applicant or registrant from practicing as a pharmacy technician or | ||
pharmacy technician trainee with reasonable skill, competence, and | ||
safety to the public; | ||
(6) violated: | ||
(A) Chapter 481 or 483, Health and Safety Code, | ||
or rules relating to those chapters; | ||
(B) Sections 485.031-485.034 [ |
||
Health and Safety Code; or | ||
(C) a rule adopted under Section 485.002 | ||
[ |
||
(7) violated the pharmacy or drug laws or rules of this | ||
state, another state, or the United States; | ||
(8) performed duties in a pharmacy that only a | ||
pharmacist may perform, as defined by the rules of the board; | ||
(9) used alcohol or drugs in an intemperate manner | ||
that, in the board's opinion, could endanger a patient's life; | ||
(10) engaged in negligent, unreasonable, or | ||
inappropriate conduct when working in a pharmacy; | ||
(11) violated a disciplinary order; | ||
(12) been convicted or adjudicated of a criminal | ||
offense that requires registration as a sex offender under Chapter | ||
62, Code of Criminal Procedure; or | ||
(13) been disciplined by a pharmacy or other health | ||
regulatory board of this state or another state for conduct | ||
substantially equivalent to conduct described by this subsection. | ||
SECTION 16.003. The heading to Subchapter K, Chapter 701, | ||
Occupations Code, is repealed to conform to the repeal of Section | ||
701.512, Occupations Code, by Chapter 663 (H.B. 1560), Acts of the | ||
87th Legislature, Regular Session, 2021. | ||
ARTICLE 17. CHANGES RELATING TO PENAL CODE | ||
SECTION 17.001. Section 12.35(c), Penal Code, is amended to | ||
conform to the amendment of Article 42A.054(a), Code of Criminal | ||
Procedure, by Chapter 1137 (H.B. 2758), Acts of the 86th | ||
Legislature, Regular Session, 2019, to read as follows: | ||
(c) An individual adjudged guilty of a state jail felony | ||
shall be punished for a third degree felony if it is shown on the | ||
trial of the offense that: | ||
(1) a deadly weapon as defined by Section 1.07 was used | ||
or exhibited during the commission of the offense or during | ||
immediate flight following the commission of the offense, and that | ||
the individual used or exhibited the deadly weapon or was a party to | ||
the offense and knew that a deadly weapon would be used or | ||
exhibited; or | ||
(2) the individual has previously been finally | ||
convicted of any felony: | ||
(A) under Section [ |
||
Article 42A.054(a), Code of Criminal Procedure; or | ||
(B) for which the judgment contains an | ||
affirmative finding under Article 42A.054(c) or (d), Code of | ||
Criminal Procedure. | ||
SECTION 17.002. Section 42.03, Penal Code, as amended by | ||
Chapters 197 (H.B. 9) and 949 (S.B. 1495), Acts of the 87th | ||
Legislature, Regular Session, 2021, is amended by reenacting and | ||
amending Subsection (c) and adding Subsection (c-1) to read as | ||
follows: | ||
(c) Except as otherwise provided by Subsections (c-1), (d), | ||
and (e), an offense under this section is a Class B misdemeanor. | ||
(c-1) An offense under this section [ |
||
actor knowingly: | ||
(1) prevents the passage of an authorized emergency | ||
vehicle, as defined by Section 541.201, Transportation Code, that | ||
is operating the vehicle's emergency audible or visual signals | ||
required by Section 546.003, Transportation Code; or | ||
(2) obstructs access to a hospital licensed under | ||
Chapter 241, Health and Safety Code, or other health care facility | ||
that provides emergency medical care, as defined by Section | ||
773.003, Health and Safety Code. | ||
SECTION 17.003. Section 43.02(c-2), Penal Code, as added by | ||
Chapters 807 (H.B. 1540) and 1049 (S.B. 1831), Acts of the 87th | ||
Legislature, Regular Session, 2021, is transferred to Section | ||
43.021, Penal Code, redesignated as Section 43.021(b-1), Penal | ||
Code, and amended to read as follows: | ||
(b-1) [ |
||
under Subsection (a) [ |
||
prescribed for the next highest category of offense if it is shown | ||
on the trial of the offense that the actor committed the offense in | ||
a location that was: | ||
(1) on the premises of or within 1,000 feet of the | ||
premises of a school; or | ||
(2) on premises or within 1,000 feet of premises | ||
where: | ||
(A) an official school function was taking place; | ||
or | ||
(B) an event sponsored or sanctioned by the | ||
University Interscholastic League was taking place. | ||
SECTION 17.004. Sections 46.035(b), (c), and (d), Penal | ||
Code, as amended by Chapter 481 (H.B. 2112) and Chapter 518 (S.B. | ||
550), Acts of the 87th Legislature, Regular Session, 2021, are | ||
repealed to conform to the repeal of Section 46.035, Penal Code, by | ||
Chapter 809 (H.B. 1927), Acts of the 87th Legislature, Regular | ||
Session, 2021. | ||
SECTION 17.005. Section 46.06(a), Penal Code, is amended to | ||
correct a reference to read as follows: | ||
(a) A person commits an offense if the person: | ||
(1) sells, rents, leases, loans, or gives a handgun to | ||
any person knowing that the person to whom the handgun is to be | ||
delivered intends to use it unlawfully or in the commission of an | ||
unlawful act; | ||
(2) intentionally or knowingly sells, rents, leases, | ||
or gives or offers to sell, rent, lease, or give to any child | ||
younger than 18 years of age any firearm, club, or | ||
location-restricted knife; | ||
(3) intentionally, knowingly, or recklessly sells a | ||
firearm or ammunition for a firearm to any person who is | ||
intoxicated; | ||
(4) knowingly sells a firearm or ammunition for a | ||
firearm to any person who has been convicted of a felony before the | ||
fifth anniversary of the later of the following dates: | ||
(A) the person's release from confinement | ||
following conviction of the felony; or | ||
(B) the person's release from supervision under | ||
community supervision, parole, or mandatory supervision following | ||
conviction of the felony; | ||
(5) sells, rents, leases, loans, or gives a handgun to | ||
any person knowing that an active protective order is directed to | ||
the person to whom the handgun is to be delivered; | ||
(6) knowingly purchases, rents, leases, or receives as | ||
a loan or gift from another a handgun while an active protective | ||
order is directed to the actor; or | ||
(7) while prohibited from possessing a firearm under | ||
state or federal law, knowingly makes a material false statement on | ||
a form that is: | ||
(A) required by state or federal law for the | ||
purchase, sale, or other transfer of a firearm; and | ||
(B) submitted to a [ |
||
licensed under [ |
||
ARTICLE 18. CHANGES RELATING TO PROPERTY CODE | ||
SECTION 18.001. Section 5.018, Property Code, is repealed | ||
to conform to the expiration of Title 16, Property Code, on | ||
September 1, 2009. | ||
ARTICLE 19. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE | ||
SECTION 19.001. Section 1013.104(b), Special District Local | ||
Laws Code, is amended to correct a typographical error to read as | ||
follows: | ||
(b) The hospital system may include: | ||
(1) facilities and equipment for domiciliary | ||
[ |
||
patients; | ||
(2) outpatient clinics; | ||
(3) convalescent home facilities; | ||
(4) physicians' offices; and | ||
(5) any other facilities or equipment the board | ||
considers necessary for hospital purposes. | ||
SECTION 19.002. Section 1100.064(a), Special District | ||
Local Laws Code, is amended to correct a typographical error to read | ||
as follows: | ||
(a) The district may spend district money to recruit | ||
physicians [ |
||
personnel. | ||
ARTICLE 20. CHANGES RELATING TO TAX CODE | ||
SECTION 20.001. (a) Section 5.102(a), Tax Code, is amended | ||
to conform to the amendment of Section 5.102, Tax Code, by Chapter | ||
490 (H.B. 3384), Acts of the 86th Legislature, Regular Session, | ||
2019, to read as follows: | ||
(a) At least once every two years, the comptroller shall | ||
review the governance of each appraisal district, the taxpayer | ||
assistance provided by each appraisal district, and the operating | ||
and appraisal standards, procedures, and methodology used by each | ||
appraisal district, to determine compliance with generally | ||
accepted standards, procedures, and methodology, including | ||
compliance with standards, procedures, and methodology prescribed | ||
by any appraisal manuals required by law to be prepared and issued | ||
by the comptroller. [ |
||
(b) Section 5.102(a-2), Tax Code, is amended to conform to | ||
the amendment of Section 5.102(a), Tax Code, by Chapter 944 (S.B. | ||
2), Acts of the 86th Legislature, Regular Session, 2019, to read as | ||
follows: | ||
(a-2) After consultation with the property tax | ||
administration advisory board [ |
||
procedures and standards for conducting and scoring a review under | ||
this section. | ||
SECTION 20.002. Section 171.0002(c), Tax Code, is amended to | ||
correct a reference to read as follows: | ||
(c) "Taxable entity" does not include an entity that is: | ||
(1) a grantor trust as defined by Sections 671 and | ||
7701(a)(30)(E), Internal Revenue Code, all of the grantors and | ||
beneficiaries of which are natural persons or charitable entities | ||
as described in Section 501(c)(3), Internal Revenue Code, excluding | ||
a trust taxable as a business entity pursuant to Treasury | ||
Regulation Section 301.7701-4(b); | ||
(2) an estate of a natural person as defined by Section | ||
7701(a)(30)(D), Internal Revenue Code, excluding an estate taxable | ||
as a business entity pursuant to Treasury Regulation Section | ||
301.7701-4(b); | ||
(3) an escrow; | ||
(4) a real estate investment trust (REIT) as defined | ||
by Section 856, Internal Revenue Code, and its "qualified REIT | ||
subsidiary" entities as defined by Section 856(i)(2), Internal | ||
Revenue Code, provided that: | ||
(A) a REIT with any amount of its assets in direct | ||
holdings of real estate, other than real estate it occupies for | ||
business purposes, as opposed to holding interests in limited | ||
partnerships or other entities that directly hold the real estate, | ||
is a taxable entity; and | ||
(B) a limited partnership or other entity that | ||
directly holds the real estate as described in Paragraph (A) is not | ||
exempt under this subdivision, without regard to whether a REIT | ||
holds an interest in it; | ||
(5) a real estate mortgage investment conduit (REMIC), | ||
as defined by Section 860D, Internal Revenue Code; | ||
(6) a nonprofit self-insurance trust created under | ||
Chapter 2212, Insurance Code, or a predecessor statute; | ||
(7) a trust qualified under Section 401(a), Internal | ||
Revenue Code; | ||
(8) a trust or other entity that is exempt under | ||
Section 501(c)(9), Internal Revenue Code; or | ||
(9) an unincorporated entity organized as a political | ||
committee under the Election Code or the provisions of the Federal | ||
Election Campaign Act of 1971 (52 U.S.C. Section 30101 et seq.) [ |
||
ARTICLE 21. CHANGES RELATING TO TRANSPORTATION CODE | ||
SECTION 21.001. Section 503.0626(c), Transportation Code, | ||
is amended to correct a reference to read as follows: | ||
(c) Before a dealer's or converter's temporary tag may be | ||
displayed on a vehicle, the dealer or converter must enter into the | ||
database through the Internet information on the vehicle and | ||
information about the dealer or converter as prescribed by the | ||
department. Except as provided by Section 503.0632(f) | ||
[ |
||
to any dealer who holds a general distinguishing number issued | ||
under this chapter or who is licensed under Chapter 2301, | ||
Occupations Code, or to any converter licensed under Chapter 2301, | ||
Occupations Code. | ||
SECTION 21.002. Section 503.0631(c), Transportation Code, | ||
is amended to correct a reference to read as follows: | ||
(c) Except as provided by Subsection (d), before a buyer's | ||
temporary tag may be displayed on a vehicle, a dealer must enter | ||
into the database through the Internet information about the buyer | ||
of the vehicle for which the tag was issued as prescribed by the | ||
department and generate a vehicle-specific number for the tag as | ||
required by Section 503.063(e). Except as provided by Section | ||
503.0632(f) [ |
||
the database to any dealer who holds a general distinguishing | ||
number issued under this chapter or who is licensed under Chapter | ||
2301, Occupations Code. | ||
SECTION 21.003. Section 644.101(c), Transportation Code, | ||
as amended by Chapters 74 (H.B. 2749) and 429 (S.B. 901), Acts of | ||
the 87th Legislature, Regular Session, 2021, is reenacted and | ||
amended to read as follows: | ||
(c) A sheriff or a deputy sheriff of any of the following | ||
counties is eligible to apply for certification under this section: | ||
(1) a county bordering the United Mexican States; | ||
(2) a county with a population of less than 1,000, part | ||
of which is located within 75 miles of an international border; | ||
(3) a county with a population of 700,000 or more; | ||
(4) a county with a population of 400,000 or more that | ||
borders the county in which the State Capitol is located; [ |
||
(5) a county with a population of less than 250,000 | ||
that: | ||
(A) is adjacent to two counties that each have a | ||
population of more than 1.2 million; and | ||
(B) contains two highways that are part of the | ||
national system of interstate and defense highways; | ||
(6) [ |
||
(A) any part of which is within 30 miles of New | ||
Mexico; and | ||
(B) that is adjacent to two or more counties that | ||
generated $100 million or more in tax revenue collected under | ||
Chapters 201 and 202, Tax Code, from oil and gas production during | ||
the preceding state fiscal year; or | ||
(7) [ |
||
40,000 and less than 300,000 that is adjacent to a county described | ||
by Subdivision (4). | ||
ARTICLE 22. CHANGES RELATING TO UTILITIES CODE | ||
SECTION 22.001. Section 31.002(6), Utilities Code, as | ||
amended by Chapters 255 (H.B. 1572) and 389 (S.B. 1202), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
(6) "Electric utility" means a person or river | ||
authority that owns or operates for compensation in this state | ||
equipment or facilities to produce, generate, transmit, | ||
distribute, sell, or furnish electricity in this state. The term | ||
includes a lessee, trustee, or receiver of an electric utility and a | ||
recreational vehicle park owner who does not comply with Subchapter | ||
C, Chapter 184, with regard to the metered sale of electricity at | ||
the recreational vehicle park. The term does not include: | ||
(A) a municipal corporation; | ||
(B) a qualifying facility; | ||
(C) a power generation company; | ||
(D) an exempt wholesale generator; | ||
(E) a power marketer; | ||
(F) a corporation described by Section 32.053 to | ||
the extent the corporation sells electricity exclusively at | ||
wholesale and not to the ultimate consumer; | ||
(G) an electric cooperative; | ||
(H) a retail electric provider; | ||
(I) this state or an agency of this state; or | ||
(J) a person not otherwise an electric utility | ||
who: | ||
(i) furnishes an electric service or | ||
commodity only to itself, its employees, or its tenants as an | ||
incident of employment or tenancy, if that service or commodity is | ||
not resold to or used by others; | ||
(ii) owns or operates in this state | ||
equipment or facilities to produce, generate, transmit, | ||
distribute, sell, or furnish electric energy to an electric | ||
utility, if the equipment or facilities are used primarily to | ||
produce and generate electric energy for consumption by that | ||
person; | ||
(iii) owns or operates in this state a | ||
recreational vehicle park that provides metered electric service in | ||
accordance with Subchapter C, Chapter 184; [ |
||
(iv) owns or operates equipment used solely | ||
to provide electricity charging service for consumption by an | ||
alternatively fueled vehicle, as defined by Section 502.004, | ||
Transportation Code; or | ||
(v) [ |
||
equipment lessor or operator. | ||
SECTION 22.002. Sections 33.0211(c) and (d), Utilities | ||
Code, are amended to correct typographical errors to read as | ||
follows: | ||
(c) If a municipally owned utility has not transferred funds | ||
to the defunding municipality described by Subsection (a) in the | ||
immediately preceding 12 months, the municipally owned utility may | ||
increase its rates to account for: | ||
(1) pass-through charges imposed by a state regulatory | ||
body or the independent organization certified under Section | ||
39.151; | ||
(2) fuel, hedging, or wholesale power cost increases; | ||
or | ||
(3) fulfillment of [ |
||
compliance [ |
||
(d) A municipally owned utility that increases rates under | ||
[ |
||
municipality described by Subsection (a) until the date the | ||
criminal justice division of the governor's office issues a written | ||
determination in accordance with Section 109.005, Local Government | ||
Code, finding that the municipality described by Subsection (a) has | ||
reversed the reduction described by Section 109.003(1), Local | ||
Government Code. | ||
SECTION 22.003. (a) Section 39.002, Utilities Code, as | ||
amended by Chapters 950 (S.B. 1580) and 908 (H.B. 4492), Acts of the | ||
87th Legislature, Regular Session, 2021, is reenacted and amended | ||
to read as follows: | ||
Sec. 39.002. APPLICABILITY. This chapter, other than | ||
Sections 39.151, 39.1516, 39.155, 39.157(e), [ |
||
39.161, 39.162, 39.163, 39.203, 39.904, 39.9051, 39.9052, and | ||
39.914(e), and Subchapters M and N, does not apply to a municipally | ||
owned utility or an electric cooperative. Sections 39.157(e), | ||
39.203, and 39.904, however, apply only to a municipally owned | ||
utility or an electric cooperative that is offering customer | ||
choice. If there is a conflict between the specific provisions of | ||
this chapter and any other provisions of this title, except for | ||
Chapters 40 and 41, the provisions of this chapter control. | ||
(b) Sections 39.159 and 39.160, Utilities Code, as added by | ||
Chapter 950 (S.B. 1580), Acts of the 87th Legislature, Regular | ||
Session, 2021, are redesignated as Sections 39.161 and 39.162, | ||
Utilities Code, respectively. | ||
(c) Section 39.159, Utilities Code, as added by Chapter 908 | ||
(H.B. 4492), Acts of the 87th Legislature, Regular Session, 2021, | ||
is redesignated as Section 39.163, Utilities Code. | ||
(d) Section 39.159, Utilities Code, as added by Chapter 73 | ||
(H.B. 2586), Acts of the 87th Legislature, Regular Session, 2021, | ||
is redesignated as Section 39.164, Utilities Code. | ||
(e) Section 39.159, Utilities Code, as added by Chapter 876 | ||
(S.B. 1281), Acts of the 87th Legislature, Regular Session, 2021, | ||
is redesignated as Section 39.165, Utilities Code. | ||
SECTION 22.004. Section 39.918(b), Utilities Code, is | ||
amended to correct a reference to read as follows: | ||
(b) Notwithstanding any other provision of this subtitle, a | ||
transmission and distribution utility may: | ||
(1) lease and operate facilities that provide | ||
temporary emergency electric energy to aid in restoring power to | ||
the utility's distribution customers during a widespread power | ||
outage in which: | ||
(A) the independent system operator has ordered | ||
the utility to shed load; or | ||
(B) the utility's distribution facilities are | ||
not being fully served by the bulk power system under normal | ||
operations; and | ||
(2) procure, own, and operate, or enter into a | ||
cooperative agreement with other transmission and distribution | ||
utilities to procure, own, and operate jointly, transmission and | ||
distribution facilities that have a lead time of at least six months | ||
and would aid in restoring power to the utility's distribution | ||
customers following a widespread power outage. In this section, | ||
long lead time facilities may not be electric energy storage | ||
equipment or facilities under Chapter 35[ |
||
ARTICLE 23. CHANGES RELATING TO REVISED STATUTES | ||
SECTION 23.001. The following provisions are repealed to | ||
conform to the repeal of the substance of the chapters: | ||
(1) the heading to Chapter 18, Title 32, Revised | ||
Statutes; | ||
(2) the heading to Chapter 4, Title 70, Revised | ||
Statutes; and | ||
(3) the heading to Chapter 1, Title 71, Revised | ||
Statutes. | ||
ARTICLE 24. REDESIGNATIONS | ||
SECTION 24.001. The following provisions of enacted codes | ||
are redesignated to eliminate duplicate citations: | ||
(1) Chapter 113, Business & Commerce Code, as added by | ||
Chapter 561 (S.B. 398), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 115, Business & Commerce | ||
Code, and Sections 113.001, 113.002, 113.003, 113.004, and 113.005, | ||
Business & Commerce Code, as added by that Act, are redesignated as | ||
Sections 115.001, 115.002, 115.003, 115.004, and 115.005, Business & | ||
Commerce Code, respectively. | ||
(2) Chapter 113, Business & Commerce Code, as added by | ||
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 117, Business & Commerce | ||
Code, and Sections 113.001, 113.002, and 113.003, Business & | ||
Commerce Code, as added by that Act, are redesignated as Sections | ||
117.001, 117.002, and 117.003, Business & Commerce Code, | ||
respectively. | ||
(3) Chapter 114, Business & Commerce Code, as added by | ||
Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 118, Business & Commerce | ||
Code, and Sections 114.0001, 114.0002, 114.0003, 114.0004, and | ||
114.0005, Business & Commerce Code, as added by that Act, are | ||
redesignated as Sections 118.0001, 118.0002, 118.0003, 118.0004, | ||
and 118.0005, Business & Commerce Code, respectively. | ||
(4) Chapter 116, Business & Commerce Code, as added by | ||
Chapter 512 (S.B. 291), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 119, Business & Commerce | ||
Code, and Section 116.0001, Business & Commerce Code, as added by | ||
that Act, is redesignated as Section 119.0001, Business & Commerce | ||
Code. | ||
(5) Chapter 608, Business & Commerce Code, as added by | ||
Chapter 245 (H.B. 1372), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 609, Business & Commerce | ||
Code, and Section 608.001, Business & Commerce Code, as added by | ||
that Act, is redesignated as Section 609.001, Business & Commerce | ||
Code. | ||
(6) Article 2.33, Code of Criminal Procedure, as added | ||
by Chapter 534 (S.B. 69), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Article 2.34, Code of Criminal | ||
Procedure. | ||
(7) Article 2.33, Code of Criminal Procedure, as added | ||
by Chapter 979 (S.B. 2212), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Article 2.35, Code of Criminal | ||
Procedure. | ||
(8) Subsection (a-1), Article 7B.001, Code of Criminal | ||
Procedure, as added by Chapter 846 (S.B. 623), Acts of the 87th | ||
Legislature, Regular Session, 2021, is redesignated as Subsection | ||
(a-3), Article 7B.001, Code of Criminal Procedure. | ||
(9) Subsection (g), Section 11.175, Education Code, as | ||
added by Chapter 1045 (S.B. 1267), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subsection (h-1), Section | ||
11.175, Education Code. | ||
(10) Subdivision (4), Section 21.001, Education Code, | ||
as added by Chapter 215 (H.B. 159), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subdivision (3-a), | ||
Section 21.001, Education Code. | ||
(11) Section 33.0832, Education Code, as added by | ||
Chapter 235 (H.B. 1080), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 33.0833, Education Code. | ||
(12) Subchapter E, Chapter 109, Education Code, as | ||
added by Chapter 417 (H.B. 1522), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter F, Chapter | ||
109, Education Code, and Sections 109.201, 109.202, 109.203, | ||
109.204, and 109.205, Education Code, as added by that Act, are | ||
redesignated as Sections 109.251, 109.252, 109.253, 109.254, and | ||
109.255, Education Code, respectively. | ||
(13) Section 1001.1021, Education Code, as added by | ||
Chapter 924 (H.B. 3212), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 1001.1022, Education | ||
Code. | ||
(14) Section 31.126, Election Code, as added by | ||
Chapter 360 (S.B. 231), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 31.127, Election Code. | ||
(15) Subchapter R, Chapter 403, Government Code, as | ||
added by Chapter 659 (H.B. 1505), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter S, Chapter | ||
403, Government Code, and Sections 403.501, 403.502, and 403.503, | ||
Government Code, as added by that Act, are redesignated as Sections | ||
403.551, 403.552, and 403.553, Government Code, respectively. | ||
(16) Section 411.184, Government Code, as added by | ||
Chapter 1026 (H.B. 1069), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 411.1883, Government | ||
Code. | ||
(17) Subchapter J, Chapter 418, Government Code, as | ||
added by Chapter 863 (S.B. 968), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter I, Chapter | ||
418, Government Code, and Sections 418.301, 418.302, 418.303, | ||
418.304, 418.305, 418.306, and 418.307, Government Code, as added | ||
by that Act, are redesignated as Sections 418.251, 418.252, | ||
418.253, 418.254, 418.255, 418.256, and 418.257, Government Code, | ||
respectively. | ||
(18) Section 434.027, Government Code, as added by | ||
Chapter 157 (S.B. 886), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 434.028, Government Code. | ||
(19) Subchapter CC, Chapter 481, Government Code, as | ||
added by Chapter 847 (S.B. 678), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter EE, Chapter | ||
481, Government Code. | ||
(20) Subsection (f), Section 825.4092, Government | ||
Code, as added by Chapter 511 (S.B. 288), Acts of the 87th | ||
Legislature, Regular Session, 2021, is redesignated as Subsection | ||
(g), Section 825.4092, Government Code. | ||
(21) Chapter 2274, Government Code, as added by | ||
Chapter 975 (S.B. 2116), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 2275, Government Code, | ||
and Sections 2274.0101, 2274.0102, and 2274.0103, Government Code, | ||
as added by that Act, are redesignated as Sections 2275.0101, | ||
2275.0102, and 2275.0103, Government Code, respectively. | ||
(22) Chapter 2274, Government Code, as added by | ||
Chapter 529 (S.B. 13), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 2276, Government Code, | ||
and Sections 2274.001 and 2274.002, Government Code, as added by | ||
that Act, are redesignated as Sections 2276.001 and 2276.002, | ||
respectively. | ||
(23) Chapter 2274, Government Code, as added by | ||
Chapter 833 (S.B. 4), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 2277, Government Code, | ||
and Sections 2274.001, 2274.002, and 2274.003, Government Code, as | ||
added by that Act, are redesignated as Sections 2277.001, 2277.002, | ||
and 2277.003, respectively. | ||
(24) Chapter 260C, Health and Safety Code, as added by | ||
Chapter 732 (H.B. 3961), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Chapter 260D, Health and Safety | ||
Code, and Sections 260C.001 and 260C.002, Health and Safety Code, | ||
as added by that Act, are redesignated as Sections 260D.001 and | ||
260D.002, respectively. | ||
(25) Subsection (ll), Section 32.024, Human Resources | ||
Code, as added by Chapter 966 (S.B. 1921), Acts of the 87th | ||
Legislature, Regular Session, 2021, is redesignated as Subsection | ||
(mm), Section 32.024, Human Resources Code. | ||
(26) Subchapter M, Chapter 544, Insurance Code, as | ||
added by Chapter 71 (H.B. 317), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter N, Chapter | ||
544, Insurance Code, and Sections 544.601, 544.602, and 544.603, | ||
Insurance Code, as added by that Act, are redesignated as Sections | ||
544.651, 544.652, and 544.653, Insurance Code, respectively. | ||
(27) Subchapter L, Chapter 1369, Insurance Code, as | ||
added by Chapter 142 (H.B. 1763), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subchapter M, Chapter | ||
1369, Insurance Code, and Sections 1369.551, 1369.552, 1369.553, | ||
1369.554, 1369.555, 1369.556, 1369.557, 1369.558, 1369.559, and | ||
1369.560, Insurance Code, as added by that Act, are redesignated as | ||
Sections 1369.601, 1369.602, 1369.603, 1369.604, 1369.605, | ||
1369.606, 1369.607, 1369.608, 1369.609, and 1369.610, Insurance | ||
Code, respectively. | ||
(28) Section 43.004, Local Government Code, as added | ||
by Chapter 103 (S.B. 1338), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 43.005, Local Government | ||
Code. | ||
(29) Section 180.008, Local Government Code, as added | ||
by Chapter 685 (H.B. 2073), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 180.009, Local Government | ||
Code. | ||
(30) Section 250.011, Local Government Code, as added | ||
by Chapter 315 (H.B. 738), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 250.012, Local Government | ||
Code. | ||
(31) Section 250.011, Local Government Code, as added | ||
by Chapter 978 (S.B. 2188), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 250.013, Local Government | ||
Code. | ||
(32) Subsection (b), Section 153.084, Natural | ||
Resources Code, as added by Chapter 330 (H.B. 2004), Acts of the | ||
87th Legislature, Regular Session, 2021, is redesignated as | ||
Subsection (b-1), Section 153.084, Natural Resources Code. | ||
(33) Section 1701.269, Occupations Code, as added by | ||
Chapter 708 (H.B. 2831), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 1701.271, Occupations | ||
Code. | ||
(34) Subsection (m), Section 46.15, Penal Code, as | ||
added by Chapter 1026 (H.B. 1069), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subsection (r), Section | ||
46.15, Penal Code. | ||
(35) Subsection (m), Section 25.19, Tax Code, as added | ||
by Chapter 209 (H.B. 2723), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Subsection (l-1), Section 25.19, | ||
Tax Code. | ||
(36) Subsection (b-4), Section 41.45, Tax Code, as | ||
added by Chapter 965 (S.B. 1919), Acts of the 87th Legislature, | ||
Regular Session, 2021, is redesignated as Subsection (b-6), Section | ||
41.45, Tax Code. | ||
(37) Section 201.623, Transportation Code, as added by | ||
Chapter 898 (H.B. 3319), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 201.624, Transportation | ||
Code. | ||
(38) Section 225.190, Transportation Code, as added by | ||
Chapter 87 (S.B. 730), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.201, Transportation | ||
Code. | ||
(39) Section 225.190, Transportation Code, as added by | ||
Chapter 97 (S.B. 1124), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.202, Transportation | ||
Code. | ||
(40) Section 225.190, Transportation Code, as added by | ||
Chapter 153 (H.B. 2431), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.203, Transportation | ||
Code. | ||
(41) Section 225.190, Transportation Code, as added by | ||
Chapter 266 (H.B. 2167), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.204, Transportation | ||
Code. | ||
(42) Section 225.190, Transportation Code, as added by | ||
Chapter 301 (S.B. 787), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.205, Transportation | ||
Code. | ||
(43) Section 225.190, Transportation Code, as added by | ||
Chapter 388 (S.B. 1185), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.206, Transportation | ||
Code. | ||
(44) Section 225.190, Transportation Code, as added by | ||
Chapter 447 (H.B. 532), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.207, Transportation | ||
Code. | ||
(45) Section 225.190, Transportation Code, as added by | ||
Chapter 607 (S.B. 1208), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.208, Transportation | ||
Code. | ||
(46) Section 225.190, Transportation Code, as added by | ||
Chapter 646 (H.B. 1115), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.209, Transportation | ||
Code. | ||
(47) Section 225.190, Transportation Code, as added by | ||
Chapter 654 (H.B. 1321), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.210, Transportation | ||
Code. | ||
(48) Section 225.190, Transportation Code, as added by | ||
Chapter 699 (H.B. 2521), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.211, Transportation | ||
Code. | ||
(49) Section 225.190, Transportation Code, as added by | ||
Chapter 707 (H.B. 2807), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.212, Transportation | ||
Code. | ||
(50) Section 225.190, Transportation Code, as added by | ||
Chapter 925 (H.B. 3324), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.213, Transportation | ||
Code. | ||
(51) Section 225.190, Transportation Code, as added by | ||
Chapter 927 (H.B. 3512), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.214, Transportation | ||
Code. | ||
(52) Section 225.190, Transportation Code, as added by | ||
Chapter 930 (H.B. 3630), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.215, Transportation | ||
Code. | ||
(53) Section 225.190, Transportation Code, as added by | ||
Chapter 956 (S.B. 1704), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 225.216, Transportation | ||
Code. | ||
(54) Section 504.327, Transportation Code, as added by | ||
Chapter 130 (H.B. 3401), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.328, Transportation | ||
Code. | ||
(55) Section 504.327, Transportation Code, as added by | ||
Chapter 302 (S.B. 791), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.329, Transportation | ||
Code. | ||
(56) Section 504.327, Transportation Code, as added by | ||
Chapter 326 (H.B. 1936), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.330, Transportation | ||
Code. | ||
(57) Section 504.675, Transportation Code, as added by | ||
Chapter 286 (H.B. 4080), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.676, Transportation | ||
Code. | ||
(58) Section 504.675, Transportation Code, as added by | ||
Chapter 673 (H.B. 1863), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.677, Transportation | ||
Code. | ||
(59) Section 504.675, Transportation Code, as added by | ||
Chapter 870 (S.B. 1123), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 504.678, Transportation | ||
Code. | ||
(60) Section 521.013, Transportation Code, as added by | ||
Chapter 818 (H.B. 2497), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 521.014, Transportation | ||
Code. | ||
(61) Section 35.037, Utilities Code, as added by | ||
Chapter 426 (S.B. 3), Acts of the 87th Legislature, Regular | ||
Session, 2021, is redesignated as Section 35.038, Utilities Code. | ||
SECTION 24.002. The following changes are made to conform | ||
the provisions amended to the redesignating changes made by Section | ||
24.001 of this Act and to correct cross-references: | ||
(1) Section 115.004, Business & Commerce Code, as | ||
redesignated from Section 113.004, Business & Commerce Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
Sec. 115.004 [ |
||
AGREEMENTS. In addition to the disclosures required under Section | ||
115.003 [ |
||
or small commercial customer in writing: | ||
(1) the term and rate of the lease, including any | ||
payment escalators or other terms that affect the customer's | ||
payments; and | ||
(2) a statement of whether the lease and any | ||
applicable warranty or maintenance agreement is transferable to a | ||
subsequent purchaser of the property where the distributed | ||
renewable generation resource is installed. | ||
(2) Section 115.005, Business & Commerce Code, as | ||
redesignated from Section 113.005, Business & Commerce Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
Sec. 115.005 [ |
||
AGREEMENTS. A residential or small commercial customer who enters | ||
into a power purchase agreement is entitled to receive in writing: | ||
(1) the disclosures required under Sections | ||
115.003(1) [ |
||
(2) the term and rate of the power purchase agreement, | ||
including any payment escalators or other terms that affect the | ||
customer's payments; and | ||
(3) whether the power purchase agreement and any | ||
applicable warranty or maintenance agreement is transferable to a | ||
subsequent purchaser of the property where the distributed | ||
renewable generation resource is installed. | ||
(3) Section 117.001(4), Business & Commerce Code, as | ||
redesignated from Section 113.001(4), Business & Commerce Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
(4) "Designated country" means a country designated by | ||
the governor as a threat to critical infrastructure under Section | ||
117.003 [ |
||
(4) Section 118.0002, Business & Commerce Code, as | ||
redesignated from Section 114.0002, Business & Commerce Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
Sec. 118.0002 [ |
||
food delivery service may not: | ||
(1) arrange for the delivery or pickup of food or | ||
beverages from a restaurant in this state unless the service has | ||
filed a certificate of formation or registration with the secretary | ||
of state; | ||
(2) use a restaurant's mark or trade name in connection | ||
with the service in a misleading way that suggests the restaurant | ||
sponsors or endorses the service; | ||
(3) add a restaurant removed from the service under | ||
Section 118.0003 [ |
||
received written consent from the restaurant to add the restaurant | ||
to the service; or | ||
(4) charge a restaurant a fee or require the | ||
restaurant to absorb a fee in connection with the service's | ||
arrangement of an order from that restaurant unless the restaurant | ||
has agreed to pay or absorb the fee under an agreement that meets | ||
the requirements of Section 118.0004 [ |
||
(5) Section 118.0003, Business & Commerce Code, as | ||
redesignated from Section 114.0003, Business & Commerce Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
Sec. 118.0003 [ |
||
third-party food delivery service shall: | ||
(1) provide a consumer a clearly identified mechanism | ||
for the consumer to express concerns or complaints directly to the | ||
service regarding an order arranged through the service; and | ||
(2) remove a restaurant from the service not later | ||
than the 10th day after the date the service receives a request from | ||
the restaurant to be removed from the service if the service does | ||
not have an agreement with the restaurant that meets the | ||
requirements of Section 118.0004 [ |
||
(6) Section 403.551, Government Code, as redesignated | ||
from Section 403.501, Government Code, by Section 24.001 of this | ||
Act, is amended to read as follows: | ||
Sec. 403.551 [ |
||
(1) "Pole replacement fund" means the broadband pole | ||
replacement fund established under Section 403.552 [ |
||
(2) "Pole replacement program" means the Texas | ||
Broadband Pole Replacement Program established under Section | ||
403.553 [ |
||
(7) Section 403.552(c), Government Code, as | ||
redesignated from Section 403.502(c), Government Code, by Section | ||
24.001 of this Act, is amended to read as follows: | ||
(c) Money deposited to the credit of the pole replacement | ||
fund may be used only for the purpose of supporting the pole | ||
replacement program under Section 403.553 [ |
||
costs of program administration and operation. Money in the pole | ||
replacement fund must be used in a manner consistent with federal | ||
law. | ||
(8) Section 403.553(q), Government Code, as | ||
redesignated from Section 403.503(q), Government Code, by Section | ||
24.001 of this Act, is amended to read as follows: | ||
(q) Not later than one year after the date that the amount | ||
transferred to the pole replacement fund under Section 403.552(b) | ||
[ |
||
examine, and report on the deployment of broadband infrastructure | ||
and technology facilitated by the pole reimbursements the | ||
comptroller has awarded. | ||
(9) Section 418.253, Government Code, as redesignated | ||
from Section 418.303, Government Code, by Section 24.001 of this | ||
Act, is amended to read as follows: | ||
Sec. 418.253 [ |
||
ACCESS. The division shall authorize the following persons to | ||
access the emergency assistance registry to assist medically | ||
fragile individuals during an event described by Section 418.255 | ||
[ |
||
(1) the commission; | ||
(2) the department; | ||
(3) first responders; | ||
(4) local governments; and | ||
(5) local health departments. | ||
(10) Section 418.254, Government Code, as | ||
redesignated from Section 418.304, Government Code, by Section | ||
24.001 of this Act, is amended to read as follows: | ||
Sec. 418.254 [ |
||
division shall collaborate with the persons authorized to access | ||
the emergency assistance registry under Section 418.253 [ |
||
and with applicable municipalities and counties to ensure that a | ||
wellness check is conducted on each medically fragile individual | ||
listed in the emergency assistance registry and located in an area | ||
that experiences an event described by Section 418.255 [ |
||
ensure the individual has: | ||
(1) continuity of care; and | ||
(2) the ability to continue using electrically powered | ||
medical equipment, if applicable. | ||
(11) Section 432.175, Government Code, is amended to | ||
read as follows: | ||
Sec. 432.175. PROTECTIVE ORDER. In accordance with | ||
Article 7B.001(a-3) [ |
||
with the consent of the person who is the victim of an offense under | ||
Section 22.011, 22.012, or 22.021, Penal Code, alleged to have been | ||
committed by a person subject to this chapter, the coordinator may | ||
file an application for a protective order under Subchapter A, | ||
Chapter 7B, Code of Criminal Procedure, on behalf of the victim. | ||
(12) Section 2275.0101(4), Government Code, as | ||
redesignated from Section 2274.0101(4), Government Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
(4) "Designated country" means a country designated by | ||
the governor as a threat to critical infrastructure under Section | ||
2275.0103 [ |
||
(13) Section 2277.003, Government Code, as | ||
redesignated from Section 2274.003, Government Code, by Section | ||
24.001 of this Act, is amended to read as follows: | ||
Sec. 2277.003 [ |
||
PROVISION. (a) A governmental entity that enters into an | ||
agreement with a professional sports team shall strictly adhere to | ||
the default provision required by Section 2277.002(2) | ||
[ |
||
(b) If a governmental entity fails to timely adhere to the | ||
default provision required under Section 2277.002(2) | ||
[ |
||
provision. | ||
(14) Section 179.051(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipality or county to which this chapter applies | ||
and that employs or supervises first responders may not adopt or | ||
enforce an ordinance, order, or other measure that generally | ||
prohibits a first responder who holds a license to carry a handgun | ||
under Subchapter H, Chapter 411, Government Code, an unexpired | ||
certificate of completion from the department under Section | ||
411.1883(d) [ |
||
liability policy under Section 179.053 from: | ||
(1) carrying a concealed or holstered handgun while on | ||
duty; or | ||
(2) storing a handgun on the premises of or in a | ||
vehicle owned or leased by the municipality or county if the handgun | ||
is secured with a device approved by the department under Section | ||
411.1883(f) [ |
||
(15) Section 179.052(a), Local Government Code, is | ||
amended to read as follows: | ||
(a) A municipal or county department or private entity that | ||
employs or supervises first responders providing services for a | ||
municipality or county to which this chapter applies may adopt a | ||
policy authorizing a first responder who is employed or supervised | ||
by the municipal or county department or private entity and who | ||
holds a license to carry a handgun under Subchapter H, Chapter 411, | ||
Government Code, an unexpired certificate of completion from the | ||
department under Section 411.1883(d) [ |
||
Code, and the required liability policy under Section 179.053 to: | ||
(1) carry a concealed or holstered handgun while on | ||
duty; or | ||
(2) store a handgun on the premises of or in a vehicle | ||
owned or leased by the applicable municipality or county, or by the | ||
private entity if the handgun is secured with a device approved by | ||
the department under Section 411.1883(f) [ |
||
Code. | ||
(16) Section 179.054, Local Government Code, is | ||
amended to read as follows: | ||
Sec. 179.054. STORAGE OF HANDGUN. (a) A first responder | ||
who enters a location where carrying a handgun is prohibited by | ||
federal law or otherwise shall use a device approved by the | ||
department under Section 411.1883(f) [ |
||
Code, to secure and store the handgun. | ||
(b) A first responder is responsible for procuring the | ||
device approved by the department under Section 411.1883(f) | ||
[ |
||
responder's employer or supervisor for the use of a device provided | ||
by the employer or supervisor. | ||
(17) Section 250.011, Local Government Code, as added | ||
by Chapter 305 (S.B. 911), Acts of the 87th Legislature, Regular | ||
Session, 2021, is amended to read as follows: | ||
Sec. 250.011. THIRD-PARTY FOOD DELIVERY SERVICES. (a) In | ||
this section, "third-party food delivery service" has the meaning | ||
assigned by Section 118.0001 [ |
||
(b) Notwithstanding any other law, a municipality or county | ||
may not adopt or enforce an ordinance or regulation to the extent | ||
that the ordinance or regulation affects the terms of agreements | ||
between third-party food delivery services and restaurants that | ||
meet the requirements of Section 118.0004(a) [ |
||
Business & Commerce Code. | ||
(18) Section 30.06(f-1), Penal Code, is amended to | ||
read as follows: | ||
(f-1) It is a defense to prosecution under this section that | ||
the license holder is a first responder, as defined by Section | ||
46.01, who: | ||
(1) holds an unexpired certificate of completion under | ||
Section 411.1883 [ |
||
engaging in the applicable conduct; | ||
(2) was engaged in the actual discharge of the first | ||
responder's duties while carrying the handgun; and | ||
(3) was employed or supervised by a municipality or | ||
county to which Chapter 179, Local Government Code, applies. | ||
(19) Section 30.07(g-1), Penal Code, is amended to | ||
read as follows: | ||
(g-1) It is a defense to prosecution under this section that | ||
the license holder is a first responder, as defined by Section | ||
46.01, who: | ||
(1) holds an unexpired certificate of completion under | ||
Section 411.1883 [ |
||
engaging in the applicable conduct; | ||
(2) was engaged in the actual discharge of the first | ||
responder's duties while carrying the handgun; and | ||
(3) was employed or supervised by a municipality or | ||
county to which Chapter 179, Local Government Code, applies. | ||
(20) Subsection (r), Section 46.15, Penal Code, as | ||
redesignated from Subsection (m), Section 46.15, Penal Code, by | ||
Section 24.001 of this Act, is amended to read as follows: | ||
(r) [ |
||
not apply to a first responder who: | ||
(1) was carrying a handgun in a concealed manner or in | ||
a shoulder or belt holster; | ||
(2) holds an unexpired certificate of completion under | ||
Section 411.1883 [ |
||
engaging in the applicable conduct; | ||
(3) was engaged in the actual discharge of the first | ||
responder's duties while carrying the handgun; and | ||
(4) was employed or supervised by a municipality or | ||
county to which Chapter 179, Local Government Code, applies. | ||
(21) Section 504.202(e-1), Transportation Code, is | ||
amended to read as follows: | ||
(e-1) Other than license plates issued under Subsection | ||
(h), license plates issued under this section may include, on | ||
request: | ||
(1) the emblem of the veteran's branch of service; or | ||
(2) one emblem from another license plate to which the | ||
person is entitled under Section 504.308, 504.309, 504.310(b), | ||
504.311, 504.312, 504.313, 504.3135, 504.314, 504.315, 504.316, | ||
504.3161, 504.318, 504.319, 504.320, 504.323, 504.325, [ |
||
504.327, 504.328, or 504.330. | ||
ARTICLE 25. EFFECTIVE DATE | ||
SECTION 25.001. This Act takes effect September 1, 2023. |