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          A BILL TO BE ENTITLED
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          AN ACT
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        relating to nonsubstantive additions to, revisions of, and  | 
      
      
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        corrections in enacted codes, to the nonsubstantive codification or  | 
      
      
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        disposition of various laws omitted from enacted codes, and to  | 
      
      
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        conforming codifications enacted by the 84th Legislature to other  | 
      
      
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        Acts of that legislature. | 
      
      
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               BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
      
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        ARTICLE 1.  GENERAL PROVISIONS | 
      
      
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               SECTION 1.001.  This Act is enacted as part of the state's  | 
      
      
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        continuing statutory revision program under Chapter 323,  | 
      
      
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        Government Code.  This Act is a revision for purposes of Section 43,  | 
      
      
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        Article III, Texas Constitution, and has the purposes of: | 
      
      
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                     (1)  codifying without substantive change or providing  | 
      
      
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        for other appropriate disposition of various statutes that were  | 
      
      
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        omitted from enacted codes; | 
      
      
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                     (2)  conforming codifications enacted by the 84th  | 
      
      
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        Legislature to other Acts of that legislature that amended the laws  | 
      
      
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        codified or added new law to subject matter codified; | 
      
      
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                     (3)  revising without substantive change provisions in  | 
      
      
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        enacted codes; | 
      
      
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                     (4)  making necessary corrections to enacted codes; and | 
      
      
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                     (5)  renumbering or otherwise redesignating titles,  | 
      
      
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        chapters, and sections of codes that duplicate title, chapter, or  | 
      
      
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        section designations. | 
      
      
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               SECTION 1.002.  (a)  The repeal of a statute by this Act does  | 
      
      
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        not affect an amendment, revision, or reenactment of the statute by  | 
      
      
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        the 85th Legislature, Regular Session, 2017.  The amendment,  | 
      
      
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        revision, or reenactment is preserved and given effect as part of  | 
      
      
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        the code provision that revised the statute so amended, revised, or  | 
      
      
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        reenacted. | 
      
      
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               (b)  If any provision of this Act conflicts with a statute  | 
      
      
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        enacted by the 85th Legislature, Regular Session, 2017, the statute  | 
      
      
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        controls. | 
      
      
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               SECTION 1.003.  (a)  A transition or saving provision of a  | 
      
      
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        law codified by this Act applies to the codified law to the same  | 
      
      
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        extent as it applied to the original law. | 
      
      
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               (b)  The repeal of a transition or saving provision by this  | 
      
      
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        Act does not affect the application of the provision to the codified  | 
      
      
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        law. | 
      
      
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               (c)  In this section, "transition provision" includes any  | 
      
      
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        temporary provision providing for a special situation in the  | 
      
      
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        transition period between the existing law and the establishment or  | 
      
      
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        implementation of the new law. | 
      
      
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               SECTION 1.004.  (a)  The repeal of a law, including a  | 
      
      
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        validating law, by this Act does not remove, void, or otherwise  | 
      
      
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        affect in any manner a validation under the repealed law.  The  | 
      
      
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        validation is preserved and continues to have the same effect that  | 
      
      
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        it would have if the law were not repealed. | 
      
      
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               (b)  Subsection (a) of this section does not diminish the  | 
      
      
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        saving provisions prescribed by Section 311.031, Government Code. | 
      
      
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        ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE | 
      
      
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               SECTION 2.001.  The heading to Chapter 47, Agriculture Code,  | 
      
      
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        is amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of  | 
      
      
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        the 83rd Legislature, Regular Session, 2013, to read as follows: | 
      
      
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        CHAPTER 47.  TEXAS [OYSTER AND] SHRIMP MARKETING ASSISTANCE PROGRAM | 
      
      
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               SECTION 2.002.  The heading to Subchapter B, Chapter 47,  | 
      
      
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        Agriculture Code, is repealed to conform to Section 2, Chapter 965  | 
      
      
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        (H.B. 1903), Acts of the 83rd Legislature, Regular Session, 2013. | 
      
      
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               SECTION 2.003.  Section 47.051, Agriculture Code, is amended  | 
      
      
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        to conform to Section 2, Chapter 965 (H.B. 1903), Acts of the 83rd  | 
      
      
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        Legislature, Regular Session, 2013, to read as follows: | 
      
      
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               Sec. 47.051.  DEFINITIONS.  In this chapter [subchapter]: | 
      
      
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                     (1)  "Advisory committee" means the shrimp advisory  | 
      
      
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        committee. | 
      
      
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                     (2)  "Coastal waters" means all the salt water of the  | 
      
      
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        state, including the portion of the Gulf of Mexico that is within  | 
      
      
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        the jurisdiction of the state. | 
      
      
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                     (3)  "Program" means the Texas shrimp marketing  | 
      
      
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        assistance program. | 
      
      
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                     (4)  "Shrimp marketing account" means the account in  | 
      
      
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        the general revenue fund established under Section 77.002(b), Parks  | 
      
      
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        and Wildlife Code. | 
      
      
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                     (5)  "Texas-produced shrimp" means wild-caught shrimp  | 
      
      
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        commercially harvested from coastal waters by a shrimp boat  | 
      
      
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        licensed by the Parks and Wildlife Department. | 
      
      
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               SECTION 2.004.  Section 47.053(a), Agriculture Code, is  | 
      
      
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        amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of  | 
      
      
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        the 83rd Legislature, Regular Session, 2013, to read as follows: | 
      
      
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               (a)  The commissioner shall appoint a shrimp advisory  | 
      
      
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        committee to assist the commissioner in implementing the program  | 
      
      
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        established under this chapter [subchapter] and in the expenditure  | 
      
      
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        of funds appropriated for the purpose of this chapter [subchapter]. | 
      
      
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               SECTION 2.005.  Section 50D.021(e), Agriculture Code, is  | 
      
      
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        amended to read as follows: | 
      
      
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               (e)  Subject to Section 50D.026, the research committee is  | 
      
      
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        subject to Chapters 551 and 2001, Government Code. | 
      
      
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        ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE | 
      
      
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               SECTION 3.001.  Section 17.46(b), Business & Commerce Code,  | 
      
      
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        as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts  | 
      
      
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        of the 84th Legislature, Regular Session, 2015, is reenacted and  | 
      
      
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        amended to read as follows: | 
      
      
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               (b)  Except as provided in Subsection (d) of this section,  | 
      
      
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        the term "false, misleading, or deceptive acts or practices"  | 
      
      
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        includes, but is not limited to, the following acts: | 
      
      
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                     (1)  passing off goods or services as those of another; | 
      
      
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                     (2)  causing confusion or misunderstanding as to the  | 
      
      
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        source, sponsorship, approval, or certification of goods or  | 
      
      
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        services; | 
      
      
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                     (3)  causing confusion or misunderstanding as to  | 
      
      
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        affiliation, connection, or association with, or certification by,  | 
      
      
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        another; | 
      
      
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                     (4)  using deceptive representations or designations  | 
      
      
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        of geographic origin in connection with goods or services; | 
      
      
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                     (5)  representing that goods or services have  | 
      
      
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        sponsorship, approval, characteristics, ingredients, uses,  | 
      
      
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        benefits, or quantities which they do not have or that a person has  | 
      
      
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        a sponsorship, approval, status, affiliation, or connection which  | 
      
      
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        the person does not; | 
      
      
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                     (6)  representing that goods are original or new if  | 
      
      
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        they are deteriorated, reconditioned, reclaimed, used, or  | 
      
      
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        secondhand; | 
      
      
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                     (7)  representing that goods or services are of a  | 
      
      
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        particular standard, quality, or grade, or that goods are of a  | 
      
      
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        particular style or model, if they are of another; | 
      
      
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                     (8)  disparaging the goods, services, or business of  | 
      
      
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        another by false or misleading representation of facts; | 
      
      
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                     (9)  advertising goods or services with intent not to  | 
      
      
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        sell them as advertised; | 
      
      
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                     (10)  advertising goods or services with intent not to  | 
      
      
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        supply a reasonable expectable public demand, unless the  | 
      
      
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        advertisements disclosed a limitation of quantity; | 
      
      
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                     (11)  making false or misleading statements of fact  | 
      
      
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        concerning the reasons for, existence of, or amount of price  | 
      
      
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        reductions; | 
      
      
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                     (12)  representing that an agreement confers or  | 
      
      
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        involves rights, remedies, or obligations which it does not have or  | 
      
      
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        involve, or which are prohibited by law; | 
      
      
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                     (13)  knowingly making false or misleading statements  | 
      
      
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        of fact concerning the need for parts, replacement, or repair  | 
      
      
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        service; | 
      
      
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                     (14)  misrepresenting the authority of a salesman,  | 
      
      
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        representative or agent to negotiate the final terms of a consumer  | 
      
      
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        transaction; | 
      
      
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                     (15)  basing a charge for the repair of any item in  | 
      
      
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        whole or in part on a guaranty or warranty instead of on the value of  | 
      
      
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        the actual repairs made or work to be performed on the item without  | 
      
      
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        stating separately the charges for the work and the charge for the  | 
      
      
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        warranty or guaranty, if any; | 
      
      
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                     (16)  disconnecting, turning back, or resetting the  | 
      
      
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        odometer of any motor vehicle so as to reduce the number of miles  | 
      
      
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        indicated on the odometer gauge; | 
      
      
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                     (17)  advertising of any sale by fraudulently  | 
      
      
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        representing that a person is going out of business; | 
      
      
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                     (18)  advertising, selling, or distributing a card  | 
      
      
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        which purports to be a prescription drug identification card issued  | 
      
      
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        under Section 4151.152, Insurance Code, in accordance with rules  | 
      
      
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        adopted by the commissioner of insurance, which offers a discount  | 
      
      
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        on the purchase of health care goods or services from a third party  | 
      
      
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        provider, and which is not evidence of insurance coverage, unless: | 
      
      
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                           (A)  the discount is authorized under an agreement  | 
      
      
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        between the seller of the card and the provider of those goods and  | 
      
      
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        services or the discount or card is offered to members of the  | 
      
      
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        seller; | 
      
      
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                           (B)  the seller does not represent that the card  | 
      
      
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        provides insurance coverage of any kind; and | 
      
      
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                           (C)  the discount is not false, misleading, or  | 
      
      
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        deceptive; | 
      
      
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                     (19)  using or employing a chain referral sales plan in  | 
      
      
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        connection with the sale or offer to sell of goods, merchandise, or  | 
      
      
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        anything of value, which uses the sales technique, plan,  | 
      
      
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        arrangement, or agreement in which the buyer or prospective buyer  | 
      
      
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        is offered the opportunity to purchase merchandise or goods and in  | 
      
      
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        connection with the purchase receives the seller's promise or  | 
      
      
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        representation that the buyer shall have the right to receive  | 
      
      
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        compensation or consideration in any form for furnishing to the  | 
      
      
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        seller the names of other prospective buyers if receipt of the  | 
      
      
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        compensation or consideration is contingent upon the occurrence of  | 
      
      
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        an event subsequent to the time the buyer purchases the merchandise  | 
      
      
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        or goods; | 
      
      
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                     (20)  representing that a guaranty or warranty confers  | 
      
      
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        or involves rights or remedies which it does not have or involve,  | 
      
      
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        provided, however, that nothing in this subchapter shall be  | 
      
      
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        construed to expand the implied warranty of merchantability as  | 
      
      
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        defined in Sections 2.314 through 2.318 and Sections 2A.212 through  | 
      
      
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        2A.216 to involve obligations in excess of those which are  | 
      
      
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        appropriate to the goods; | 
      
      
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                     (21)  promoting a pyramid promotional scheme, as  | 
      
      
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        defined by Section 17.461; | 
      
      
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                     (22)  representing that work or services have been  | 
      
      
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        performed on, or parts replaced in, goods when the work or services  | 
      
      
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        were not performed or the parts replaced; | 
      
      
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                     (23)  filing suit founded upon a written contractual  | 
      
      
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        obligation of and signed by the defendant to pay money arising out  | 
      
      
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        of or based on a consumer transaction for goods, services, loans, or  | 
      
      
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        extensions of credit intended primarily for personal, family,  | 
      
      
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        household, or agricultural use in any county other than in the  | 
      
      
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        county in which the defendant resides at the time of the  | 
      
      
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        commencement of the action or in the county in which the defendant  | 
      
      
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        in fact signed the contract; provided, however, that a violation of  | 
      
      
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        this subsection shall not occur where it is shown by the person  | 
      
      
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        filing such suit that the person neither knew or had reason to know  | 
      
      
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        that the county in which such suit was filed was neither the county  | 
      
      
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        in which the defendant resides at the commencement of the suit nor  | 
      
      
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        the county in which the defendant in fact signed the contract; | 
      
      
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                     (24)  failing to disclose information concerning goods  | 
      
      
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        or services which was known at the time of the transaction if such  | 
      
      
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        failure to disclose such information was intended to induce the  | 
      
      
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        consumer into a transaction into which the consumer would not have  | 
      
      
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        entered had the information been disclosed; | 
      
      
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                     (25)  using the term "corporation," "incorporated," or  | 
      
      
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        an abbreviation of either of those terms in the name of a business  | 
      
      
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        entity that is not incorporated under the laws of this state or  | 
      
      
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        another jurisdiction; | 
      
      
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                     (26)  selling, offering to sell, or illegally promoting  | 
      
      
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        an annuity contract under Chapter 22, Acts of the 57th Legislature,  | 
      
      
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        3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil  | 
      
      
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        Statutes), with the intent that the annuity contract will be the  | 
      
      
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        subject of a salary reduction agreement, as defined by that Act, if  | 
      
      
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        the annuity contract is not an eligible qualified investment under  | 
      
      
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        that Act or is not registered with the Teacher Retirement System of  | 
      
      
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        Texas as required by Section 8A of that Act; | 
      
      
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                     (27)  taking advantage of a disaster declared by the  | 
      
      
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        governor under Chapter 418, Government Code, by: | 
      
      
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                           (A)  selling or leasing fuel, food, medicine, or  | 
      
      
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        another necessity at an exorbitant or excessive price; or | 
      
      
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                           (B)  demanding an exorbitant or excessive price in  | 
      
      
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        connection with the sale or lease of fuel, food, medicine, or  | 
      
      
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        another necessity; | 
      
      
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                     (28)  using the translation into a foreign language of  | 
      
      
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        a title or other word, including "attorney," "lawyer," "licensed,"  | 
      
      
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        "notary," and "notary public," in any written or electronic  | 
      
      
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        material, including an advertisement, a business card, a  | 
      
      
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        letterhead, stationery, a website, or an online video, in reference  | 
      
      
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        to a person who is not an attorney in order to imply that the person  | 
      
      
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        is authorized to practice law in the United States; | 
      
      
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                     (29) [(28)]  delivering or distributing a solicitation  | 
      
      
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        in connection with a good or service that: | 
      
      
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                           (A)  represents that the solicitation is sent on  | 
      
      
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        behalf of a governmental entity when it is not; or | 
      
      
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                           (B)  resembles a governmental notice or form that  | 
      
      
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        represents or implies that a criminal penalty may be imposed if the  | 
      
      
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        recipient does not remit payment for the good or service; | 
      
      
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                     (30) [(29)]  delivering or distributing a solicitation  | 
      
      
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        in connection with a good or service that resembles a check or other  | 
      
      
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        negotiable instrument or invoice, unless the portion of the  | 
      
      
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        solicitation that resembles a check or other negotiable instrument  | 
      
      
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        or invoice includes the following notice, clearly and conspicuously  | 
      
      
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        printed in at least 18-point type: | 
      
      
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               "SPECIMEN-NON-NEGOTIABLE"; | 
      
      
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                     (31) [(30)]  in the production, sale, distribution, or  | 
      
      
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        promotion of a synthetic substance that produces and is intended to  | 
      
      
        | 
           
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        produce an effect when consumed or ingested similar to, or in excess  | 
      
      
        | 
           
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        of, the effect of a controlled substance or controlled substance  | 
      
      
        | 
           
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        analogue, as those terms are defined by Section 481.002, Health and  | 
      
      
        | 
           
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        Safety Code: | 
      
      
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                           (A)  making a deceptive representation or  | 
      
      
        | 
           
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        designation about the synthetic substance; or | 
      
      
        | 
           
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                           (B)  causing confusion or misunderstanding as to  | 
      
      
        | 
           
			 | 
        the effects the synthetic substance causes when consumed or  | 
      
      
        | 
           
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        ingested; or | 
      
      
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                     (32) [(31)]  a licensed public insurance adjuster  | 
      
      
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        directly or indirectly soliciting employment, as defined by Section  | 
      
      
        | 
           
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        38.01, Penal Code, for an attorney, or a licensed public insurance  | 
      
      
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        adjuster entering into a contract with an insured for the primary  | 
      
      
        | 
           
			 | 
        purpose of referring the insured to an attorney without the intent  | 
      
      
        | 
           
			 | 
        to actually perform the services customarily provided by a licensed  | 
      
      
        | 
           
			 | 
        public insurance adjuster, provided that this subdivision may not  | 
      
      
        | 
           
			 | 
        be construed to prohibit a licensed public insurance adjuster from  | 
      
      
        | 
           
			 | 
        recommending a particular attorney to an insured. | 
      
      
        | 
           
			 | 
        ARTICLE 4.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | 
      
      
        | 
           
			 | 
               SECTION 4.001.  Section 91A.001, Civil Practice and Remedies  | 
      
      
        | 
           
			 | 
        Code, is amended to conform to changes made by Chapter 838 (S.B.  | 
      
      
        | 
           
			 | 
        202), Acts of the 84th Legislature, Regular Session, 2015, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 91A.001.  DEFINITIONS.  In this chapter: | 
      
      
        | 
           
			 | 
                     (1)  "Audiologist" means an individual licensed to  | 
      
      
        | 
           
			 | 
        practice audiology by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Examiners of Speech-Language Pathology 
         | 
      
      
        | 
           
			 | 
        
          and Audiology]. | 
      
      
        | 
           
			 | 
                     (2)  "Speech-language pathologist" means an individual  | 
      
      
        | 
           
			 | 
        licensed to practice speech-language pathology by the Texas  | 
      
      
        | 
           
			 | 
        Department of Licensing and Regulation [State Board of Examiners 
         | 
      
      
        | 
           
			 | 
        
          for Speech-Language Pathology and Audiology]. | 
      
      
        | 
           
			 | 
        ARTICLE 5.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
      
        | 
           
			 | 
               SECTION 5.001.  Articles 17.033(c) and (d), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, are amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (c)  On the filing of an application by the attorney  | 
      
      
        | 
           
			 | 
        representing the state, a magistrate may postpone the release of a  | 
      
      
        | 
           
			 | 
        person under Subsection (a)[, (a-1),] or (b) for not more than 72  | 
      
      
        | 
           
			 | 
        hours after the person's arrest. An application filed under this  | 
      
      
        | 
           
			 | 
        subsection must state the reason a magistrate has not determined  | 
      
      
        | 
           
			 | 
        whether probable cause exists to believe that the person committed  | 
      
      
        | 
           
			 | 
        the offense for which the person was arrested. | 
      
      
        | 
           
			 | 
               (d)  The time limits imposed by Subsections (a)[, (a-1),] and  | 
      
      
        | 
           
			 | 
        (b) do not apply to a person arrested without a warrant who is taken  | 
      
      
        | 
           
			 | 
        to a hospital, clinic, or other medical facility before being taken  | 
      
      
        | 
           
			 | 
        before a magistrate under Article 15.17. For a person described by  | 
      
      
        | 
           
			 | 
        this subsection, the time limits imposed by Subsections (a)[, 
         | 
      
      
        | 
           
			 | 
        
          (a-1),] and (b) begin to run at the time, as documented in the  | 
      
      
        | 
           
			 | 
        records of the hospital, clinic, or other medical facility, that a  | 
      
      
        | 
           
			 | 
        physician or other medical professional releases the person from  | 
      
      
        | 
           
			 | 
        the hospital, clinic, or other medical facility. | 
      
      
        | 
           
			 | 
               SECTION 5.002.  Article 45.0216(f), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (f)  The court shall order the conviction, together with all  | 
      
      
        | 
           
			 | 
        complaints, verdicts, sentences, and prosecutorial and law  | 
      
      
        | 
           
			 | 
        enforcement records, and any other documents relating to the  | 
      
      
        | 
           
			 | 
        offense, expunged from the person's record if the court finds that: | 
      
      
        | 
           
			 | 
                     (1)  for a person applying for the expunction of a  | 
      
      
        | 
           
			 | 
        conviction for an offense described by Section 8.07(a)(4) or (5),  | 
      
      
        | 
           
			 | 
        Penal Code, the person was not convicted of any other offense  | 
      
      
        | 
           
			 | 
        described by Section 8.07(a)(4) or (5), Penal Code, while the  | 
      
      
        | 
           
			 | 
        person was a child; and | 
      
      
        | 
           
			 | 
                     (2)  for a person applying for the expunction of a  | 
      
      
        | 
           
			 | 
        conviction for an offense described by Section 43.261, Penal Code,  | 
      
      
        | 
           
			 | 
        the person was not found to have engaged in conduct indicating a  | 
      
      
        | 
           
			 | 
        need for supervision described by Section 51.03(b)(6)  | 
      
      
        | 
           
			 | 
        [51.03(b)(7)], Family Code, while the person was a child. | 
      
      
        | 
           
			 | 
               SECTION 5.003.  Article 56.021(d), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is repealed as duplicative of  | 
      
      
        | 
           
			 | 
        Article 56.021(d), Code of Criminal Procedure, as added by Chapter  | 
      
      
        | 
           
			 | 
        1153 (S.B. 630), Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015. | 
      
      
        | 
           
			 | 
        ARTICLE 6.  CHANGES RELATING TO EDUCATION CODE | 
      
      
        | 
           
			 | 
               SECTION 6.001.  Section 25.007(b), Education Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B.  | 
      
      
        | 
           
			 | 
        1494), Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  In recognition of the challenges faced by students who  | 
      
      
        | 
           
			 | 
        are homeless or in substitute care, the agency shall assist the  | 
      
      
        | 
           
			 | 
        transition of students who are homeless or in substitute care from  | 
      
      
        | 
           
			 | 
        one school to another by: | 
      
      
        | 
           
			 | 
                     (1)  ensuring that school records for a student who is  | 
      
      
        | 
           
			 | 
        homeless or in substitute care are transferred to the student's new  | 
      
      
        | 
           
			 | 
        school not later than the 10th working day after the date the  | 
      
      
        | 
           
			 | 
        student begins enrollment at the school; | 
      
      
        | 
           
			 | 
                     (2)  developing systems to ease transition of a student  | 
      
      
        | 
           
			 | 
        who is homeless or in substitute care during the first two weeks of  | 
      
      
        | 
           
			 | 
        enrollment at a new school; | 
      
      
        | 
           
			 | 
                     (3)  developing procedures for awarding credit,  | 
      
      
        | 
           
			 | 
        including partial credit if appropriate, for course work, including  | 
      
      
        | 
           
			 | 
        electives, completed by a student who is homeless or in substitute  | 
      
      
        | 
           
			 | 
        care while enrolled at another school; | 
      
      
        | 
           
			 | 
                     (4)  promoting practices that facilitate access by a  | 
      
      
        | 
           
			 | 
        student who is homeless or in substitute care to extracurricular  | 
      
      
        | 
           
			 | 
        programs, summer programs, credit transfer services, electronic  | 
      
      
        | 
           
			 | 
        courses provided under Chapter 30A, and after-school tutoring  | 
      
      
        | 
           
			 | 
        programs at nominal or no cost; | 
      
      
        | 
           
			 | 
                     (5)  establishing procedures to lessen the adverse  | 
      
      
        | 
           
			 | 
        impact of the movement of a student who is homeless or in substitute  | 
      
      
        | 
           
			 | 
        care to a new school; | 
      
      
        | 
           
			 | 
                     (6)  entering into a memorandum of understanding with  | 
      
      
        | 
           
			 | 
        the Department of Family and Protective Services regarding the  | 
      
      
        | 
           
			 | 
        exchange of information as appropriate to facilitate the transition  | 
      
      
        | 
           
			 | 
        of students in substitute care from one school to another; | 
      
      
        | 
           
			 | 
                     (7)  encouraging school districts and open-enrollment  | 
      
      
        | 
           
			 | 
        charter schools to provide services for a student who is homeless or  | 
      
      
        | 
           
			 | 
        in substitute care in transition when applying for admission to  | 
      
      
        | 
           
			 | 
        postsecondary study and when seeking sources of funding for  | 
      
      
        | 
           
			 | 
        postsecondary study; | 
      
      
        | 
           
			 | 
                     (8)  requiring school districts, campuses, and  | 
      
      
        | 
           
			 | 
        open-enrollment charter schools to accept a referral for special  | 
      
      
        | 
           
			 | 
        education services made for a student who is homeless or in  | 
      
      
        | 
           
			 | 
        substitute care by a school previously attended by the student; | 
      
      
        | 
           
			 | 
                     (9)  requiring school districts, campuses, and  | 
      
      
        | 
           
			 | 
        open-enrollment charter schools to provide notice to the child's  | 
      
      
        | 
           
			 | 
        educational decision-maker and caseworker regarding events that  | 
      
      
        | 
           
			 | 
        may significantly impact the education of a child, including: | 
      
      
        | 
           
			 | 
                           (A)  requests or referrals for an evaluation under  | 
      
      
        | 
           
			 | 
        Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or  | 
      
      
        | 
           
			 | 
        special education under Section 29.003; | 
      
      
        | 
           
			 | 
                           (B)  admission, review, and dismissal committee  | 
      
      
        | 
           
			 | 
        meetings; | 
      
      
        | 
           
			 | 
                           (C)  manifestation determination reviews required  | 
      
      
        | 
           
			 | 
        by Section 37.004(b); | 
      
      
        | 
           
			 | 
                           (D)  any disciplinary actions under Chapter 37 for  | 
      
      
        | 
           
			 | 
        which parental notice is required; | 
      
      
        | 
           
			 | 
                           (E)  citations issued for Class C misdemeanor  | 
      
      
        | 
           
			 | 
        offenses on school property or at school-sponsored activities; | 
      
      
        | 
           
			 | 
                           (F)  reports of restraint and seclusion required  | 
      
      
        | 
           
			 | 
        by Section 37.0021; and | 
      
      
        | 
           
			 | 
                           (G)  use of corporal punishment as provided by  | 
      
      
        | 
           
			 | 
        Section 37.0011; | 
      
      
        | 
           
			 | 
                     (10)  developing procedures for allowing a student who  | 
      
      
        | 
           
			 | 
        is homeless or in substitute care who was previously enrolled in a  | 
      
      
        | 
           
			 | 
        course required for graduation the opportunity, to the extent  | 
      
      
        | 
           
			 | 
        practicable, to complete the course, at no cost to the student,  | 
      
      
        | 
           
			 | 
        before the beginning of the next school year; | 
      
      
        | 
           
			 | 
                     (11)  ensuring that a student who is homeless or in  | 
      
      
        | 
           
			 | 
        substitute care who is not likely to receive a high school diploma  | 
      
      
        | 
           
			 | 
        before the fifth school year following the student's enrollment in  | 
      
      
        | 
           
			 | 
        grade nine, as determined by the district, has the student's course  | 
      
      
        | 
           
			 | 
        credit accrual and personal graduation plan reviewed; | 
      
      
        | 
           
			 | 
                     (12)  ensuring that a student in substitute care who is  | 
      
      
        | 
           
			 | 
        in grade 11 or 12 be provided information regarding tuition and fee  | 
      
      
        | 
           
			 | 
        exemptions under Section 54.366 for dual-credit or other courses  | 
      
      
        | 
           
			 | 
        provided by a public institution of higher education for which a  | 
      
      
        | 
           
			 | 
        high school student may earn joint high school and college credit;  | 
      
      
        | 
           
			 | 
        [and] | 
      
      
        | 
           
			 | 
                     (13)  designating at least one agency employee to act  | 
      
      
        | 
           
			 | 
        as a liaison officer regarding educational issues related to  | 
      
      
        | 
           
			 | 
        students in the conservatorship of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services; and | 
      
      
        | 
           
			 | 
                     (14) [(13)]  providing other assistance as identified  | 
      
      
        | 
           
			 | 
        by the agency. | 
      
      
        | 
           
			 | 
               SECTION 6.002.  Section 26.002, Education Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 26.002.  DEFINITION.  In this chapter, "parent"  | 
      
      
        | 
           
			 | 
        includes a person standing in parental relation.  The term does not  | 
      
      
        | 
           
			 | 
        include a person as to whom the parent-child relationship has been  | 
      
      
        | 
           
			 | 
        terminated or a person not entitled to possession of or access to a  | 
      
      
        | 
           
			 | 
        child under a court order.  Except as provided by federal law, all  | 
      
      
        | 
           
			 | 
        rights of a parent under Title 2 of this code and all educational  | 
      
      
        | 
           
			 | 
        rights under Section 151.001(a)(10) [151.003(a)(10)], Family Code,  | 
      
      
        | 
           
			 | 
        shall be exercised by a student who is 18 years of age or older or  | 
      
      
        | 
           
			 | 
        whose disabilities of minority have been removed for general  | 
      
      
        | 
           
			 | 
        purposes under Chapter 31, Family Code, unless the student has been  | 
      
      
        | 
           
			 | 
        determined to be incompetent or the student's rights have been  | 
      
      
        | 
           
			 | 
        otherwise restricted by a court order. | 
      
      
        | 
           
			 | 
               SECTION 6.003.  Section 38.158(b), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to changes made by Chapter 838 (S.B. 202), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The Texas Department of Licensing and Regulation [State 
         | 
      
      
        | 
           
			 | 
        
          Health Services Advisory Board of Athletic Trainers] shall approve  | 
      
      
        | 
           
			 | 
        for athletic trainers training courses in the subject matter of  | 
      
      
        | 
           
			 | 
        concussions and shall maintain an updated list of individuals and  | 
      
      
        | 
           
			 | 
        organizations authorized by the board to provide the training. | 
      
      
        | 
           
			 | 
               SECTION 6.004.  Sections 61.806(c) and (d), Education Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapter 443 (S.B. 715), Acts of the 83rd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2013, are repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Subchapter Q, Chapter 61, Education Code, by Chapter 1155 (S.B.  | 
      
      
        | 
           
			 | 
        215), Acts of the 83rd Legislature, Regular Session, 2013. | 
      
      
        | 
           
			 | 
               SECTION 6.005.  Section 61.833(a), Education Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section:[,] | 
      
      
        | 
           
			 | 
                     (1)  "Lower-division [lower-division] institution of  | 
      
      
        | 
           
			 | 
        higher education" means a public junior college, public state  | 
      
      
        | 
           
			 | 
        college, or public technical institute.[; and] | 
      
      
        | 
           
			 | 
                     (2)  "Reverse [reverse] transfer data sharing  | 
      
      
        | 
           
			 | 
        platform" means: | 
      
      
        | 
           
			 | 
                           (A)  the National Student Clearinghouse; or | 
      
      
        | 
           
			 | 
                           (B)  a similar national electronic data sharing  | 
      
      
        | 
           
			 | 
        and exchange platform operated by an agent of the institution that  | 
      
      
        | 
           
			 | 
        meets nationally accepted standards, conventions, and practices. | 
      
      
        | 
           
			 | 
               SECTION 6.006.  Section 130.008(g), Education Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1177 (S.B. 1004), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 130.008(g-1), Education  | 
      
      
        | 
           
			 | 
        Code, and amended to conform to the repeal of Section 130.008(f),  | 
      
      
        | 
           
			 | 
        Education Code, by Chapter 90 (H.B. 505), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (g-1) [(g)]  A public junior college with a service area  | 
      
      
        | 
           
			 | 
        located wholly or partly in a county with a population of more than  | 
      
      
        | 
           
			 | 
        three million shall enter into an agreement with each school  | 
      
      
        | 
           
			 | 
        district located wholly or partly in a county with a population of  | 
      
      
        | 
           
			 | 
        more than three million to offer one or more courses as provided by  | 
      
      
        | 
           
			 | 
        this section.  A student enrolled in a school district to which this  | 
      
      
        | 
           
			 | 
        subsection applies may enroll in a course at any junior college that  | 
      
      
        | 
           
			 | 
        has entered into an agreement with the district to offer the course  | 
      
      
        | 
           
			 | 
        under this subsection.  [Subsection (f) does not apply to a student 
         | 
      
      
        | 
           
			 | 
        
          who seeks to enroll in a course under this subsection.] | 
      
      
        | 
           
			 | 
               SECTION 6.007.  The heading to Chapter 143, Education Code,  | 
      
      
        | 
           
			 | 
        is repealed to conform to the repeal and redesignation of the  | 
      
      
        | 
           
			 | 
        provisions of that chapter by Chapter 1155 (S.B. 215), Acts of the  | 
      
      
        | 
           
			 | 
        83rd Legislature, Regular Session, 2013. | 
      
      
        | 
           
			 | 
        ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
      
        | 
           
			 | 
               SECTION 7.001.  Subtitle E, Title 2, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapters 612 (S.B. 822) and 1165 (S.B. 813), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
        SUBTITLE E.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
        CHAPTER 47.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 47.001.  APPLICABILITY OF DEFINITIONS.  (a)  Except as  | 
      
      
        | 
           
			 | 
        provided by Subsection (b), the definitions in Chapter 101 apply to  | 
      
      
        | 
           
			 | 
        terms used in this title. | 
      
      
        | 
           
			 | 
               (b)  If a term defined in this title has a meaning different  | 
      
      
        | 
           
			 | 
        from the meaning provided by Chapter 101, the meaning provided by  | 
      
      
        | 
           
			 | 
        this title prevails. | 
      
      
        | 
           
			 | 
               Sec. 47.002.  APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD  | 
      
      
        | 
           
			 | 
        LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS.  Chapter 107  | 
      
      
        | 
           
			 | 
        applies to the appointment of an attorney ad litem, guardian ad  | 
      
      
        | 
           
			 | 
        litem, or amicus attorney under this title. | 
      
      
        | 
           
			 | 
               Sec. 47.003 [47.001].  USE OF DIGITIZED SIGNATURE.  (a)  A  | 
      
      
        | 
           
			 | 
        digitized signature on an original petition or application under  | 
      
      
        | 
           
			 | 
        this title or any other pleading or order in a proceeding under this  | 
      
      
        | 
           
			 | 
        title satisfies the requirements for and imposes the duties of  | 
      
      
        | 
           
			 | 
        signatories to pleadings, motions, and other papers identified  | 
      
      
        | 
           
			 | 
        under Rule 13, Texas Rules of Civil Procedure. | 
      
      
        | 
           
			 | 
               (b)  A digitized signature under this section may be applied  | 
      
      
        | 
           
			 | 
        only by, and must remain under the sole control of, the person whose  | 
      
      
        | 
           
			 | 
        signature is represented. | 
      
      
        | 
           
			 | 
               [(c)
           
           
          In this section, "digitized signature" has the meaning 
         | 
      
      
        | 
           
			 | 
        
          assigned by Section 101.0096.] | 
      
      
        | 
           
			 | 
               SECTION 7.002.  Section 51.03(b), Family Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Conduct indicating a need for supervision is: | 
      
      
        | 
           
			 | 
                     (1)  subject to Subsection (f), conduct, other than a  | 
      
      
        | 
           
			 | 
        traffic offense, that violates: | 
      
      
        | 
           
			 | 
                           (A)  the penal laws of this state of the grade of  | 
      
      
        | 
           
			 | 
        misdemeanor that are punishable by fine only; or | 
      
      
        | 
           
			 | 
                           (B)  the penal ordinances of any political  | 
      
      
        | 
           
			 | 
        subdivision of this state; | 
      
      
        | 
           
			 | 
                     (2)  the voluntary absence of a child from the child's  | 
      
      
        | 
           
			 | 
        home without the consent of the child's parent or guardian for a  | 
      
      
        | 
           
			 | 
        substantial length of time or without intent to return; | 
      
      
        | 
           
			 | 
                     (3)  conduct prohibited by city ordinance or by state  | 
      
      
        | 
           
			 | 
        law involving the inhalation of the fumes or vapors of paint and  | 
      
      
        | 
           
			 | 
        other protective coatings or glue and other adhesives and the  | 
      
      
        | 
           
			 | 
        volatile chemicals itemized in Section 485.001, Health and Safety  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (4)  an act that violates a school district's  | 
      
      
        | 
           
			 | 
        previously communicated written standards of student conduct for  | 
      
      
        | 
           
			 | 
        which the child has been expelled under Section 37.007(c),  | 
      
      
        | 
           
			 | 
        Education Code; | 
      
      
        | 
           
			 | 
                     (5) [(6)]  notwithstanding Subsection (a)(1), conduct  | 
      
      
        | 
           
			 | 
        described by Section 43.02(a) or (b), Penal Code; or | 
      
      
        | 
           
			 | 
                     (6) [(7)]  notwithstanding Subsection (a)(1), conduct  | 
      
      
        | 
           
			 | 
        that violates Section 43.261, Penal Code. | 
      
      
        | 
           
			 | 
               SECTION 7.003.  Section 51.13(e), Family Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (e)  A finding that a child engaged in conduct indicating a  | 
      
      
        | 
           
			 | 
        need for supervision as described by Section 51.03(b)(6)  | 
      
      
        | 
           
			 | 
        [51.03(b)(7)] is a conviction only for the purposes of Sections  | 
      
      
        | 
           
			 | 
        43.261(c) and (d), Penal Code. | 
      
      
        | 
           
			 | 
               SECTION 7.004.  Section 54.0404(a), Family Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If a child is found to have engaged in conduct  | 
      
      
        | 
           
			 | 
        indicating a need for supervision described by Section 51.03(b)(6)  | 
      
      
        | 
           
			 | 
        [51.03(b)(7)], the juvenile court may enter an order requiring the  | 
      
      
        | 
           
			 | 
        child to attend and successfully complete an educational program  | 
      
      
        | 
           
			 | 
        described by Section 37.218, Education Code, or another equivalent  | 
      
      
        | 
           
			 | 
        educational program. | 
      
      
        | 
           
			 | 
               SECTION 7.005.  Section 58.003(c-3), Family Code, is amended  | 
      
      
        | 
           
			 | 
        to correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (c-3)  Notwithstanding Subsections (a) and (c) and subject  | 
      
      
        | 
           
			 | 
        to Subsection (b), a juvenile court, on the court's own motion and  | 
      
      
        | 
           
			 | 
        without a hearing, shall order the sealing of records concerning a  | 
      
      
        | 
           
			 | 
        child found to have engaged in conduct indicating a need for  | 
      
      
        | 
           
			 | 
        supervision described by Section 51.03(b)(5) [51.03(b)(6)] or  | 
      
      
        | 
           
			 | 
        taken into custody to determine whether the child engaged in  | 
      
      
        | 
           
			 | 
        conduct indicating a need for supervision described by Section  | 
      
      
        | 
           
			 | 
        51.03(b)(5) [51.03(b)(6)].  This subsection applies only to records  | 
      
      
        | 
           
			 | 
        related to conduct indicating a need for supervision described by  | 
      
      
        | 
           
			 | 
        Section 51.03(b)(5) [51.03(b)(6)]. | 
      
      
        | 
           
			 | 
               SECTION 7.006.  Section 261.3023, Family Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY  | 
      
      
        | 
           
			 | 
        CHECK ALERT.  If a law enforcement officer encounters a child or  | 
      
      
        | 
           
			 | 
        other person [, including a child,] listed on the Texas Crime  | 
      
      
        | 
           
			 | 
        Information Center's child safety check alert list, the law  | 
      
      
        | 
           
			 | 
        enforcement officer shall follow the procedures described by  | 
      
      
        | 
           
			 | 
        Article 2.272, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 7.007.  Section 261.3024(a), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  A law enforcement officer who locates a child listed on  | 
      
      
        | 
           
			 | 
        the Texas Crime Information Center's child safety check alert list  | 
      
      
        | 
           
			 | 
        shall report that the child has been located in the manner  | 
      
      
        | 
           
			 | 
        prescribed by Article 2.272, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 7.008.  Section 262.353(d), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is repealed to conform to the  | 
      
      
        | 
           
			 | 
        repeal of Section 262.353, Family Code, by Chapter 432 (S.B. 1889),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
               SECTION 7.009.  (a)  Section 263.306(a-1), Family Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to the amendment of Section 263.306(a), Family  | 
      
      
        | 
           
			 | 
        Code, by Chapter 697 (H.B. 825), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  At each permanency hearing before a final order is  | 
      
      
        | 
           
			 | 
        rendered, the court shall: | 
      
      
        | 
           
			 | 
                     (1)  identify all persons and parties present at the  | 
      
      
        | 
           
			 | 
        hearing; | 
      
      
        | 
           
			 | 
                     (2)  review the efforts of the department or other  | 
      
      
        | 
           
			 | 
        agency in: | 
      
      
        | 
           
			 | 
                           (A)  locating and requesting service of citation  | 
      
      
        | 
           
			 | 
        on all persons entitled to service of citation under Section  | 
      
      
        | 
           
			 | 
        102.009; and | 
      
      
        | 
           
			 | 
                           (B)  obtaining the assistance of a parent in  | 
      
      
        | 
           
			 | 
        providing information necessary to locate an absent parent, alleged  | 
      
      
        | 
           
			 | 
        father, or relative of the child; | 
      
      
        | 
           
			 | 
                     (3)  ask all parties present whether the child or the  | 
      
      
        | 
           
			 | 
        child's family has a Native American heritage and identify any  | 
      
      
        | 
           
			 | 
        Native American tribe with which the child may be associated; | 
      
      
        | 
           
			 | 
                     (4)  review the extent of the parties' compliance with  | 
      
      
        | 
           
			 | 
        temporary orders and the service plan and the extent to which  | 
      
      
        | 
           
			 | 
        progress has been made toward alleviating or mitigating the causes  | 
      
      
        | 
           
			 | 
        necessitating the placement of the child in foster care; | 
      
      
        | 
           
			 | 
                     (5) [(4)]  review the permanency progress report to  | 
      
      
        | 
           
			 | 
        determine: | 
      
      
        | 
           
			 | 
                           (A)  the safety and well-being of the child and  | 
      
      
        | 
           
			 | 
        whether the child's needs, including any medical or special needs,  | 
      
      
        | 
           
			 | 
        are being adequately addressed; | 
      
      
        | 
           
			 | 
                           (B)  the continuing necessity and appropriateness  | 
      
      
        | 
           
			 | 
        of the placement of the child, including with respect to a child who  | 
      
      
        | 
           
			 | 
        has been placed outside of this state, whether the placement  | 
      
      
        | 
           
			 | 
        continues to be in the best interest of the child; | 
      
      
        | 
           
			 | 
                           (C)  the appropriateness of the primary and  | 
      
      
        | 
           
			 | 
        alternative permanency goals for the child developed in accordance  | 
      
      
        | 
           
			 | 
        with department rule and whether the department has made reasonable  | 
      
      
        | 
           
			 | 
        efforts to finalize the permanency plan, including the concurrent  | 
      
      
        | 
           
			 | 
        permanency goals, in effect for the child; | 
      
      
        | 
           
			 | 
                           (D)  whether the child has been provided the  | 
      
      
        | 
           
			 | 
        opportunity, in a developmentally appropriate manner, to express  | 
      
      
        | 
           
			 | 
        the child's opinion on any medical care provided; | 
      
      
        | 
           
			 | 
                           (E)  for a child receiving psychotropic  | 
      
      
        | 
           
			 | 
        medication, whether the child: | 
      
      
        | 
           
			 | 
                                 (i)  has been provided appropriate  | 
      
      
        | 
           
			 | 
        nonpharmacological interventions, therapies, or strategies to meet  | 
      
      
        | 
           
			 | 
        the child's needs; or | 
      
      
        | 
           
			 | 
                                 (ii)  has been seen by the prescribing  | 
      
      
        | 
           
			 | 
        physician, physician assistant, or advanced practice nurse at least  | 
      
      
        | 
           
			 | 
        once every 90 days; | 
      
      
        | 
           
			 | 
                           (F)  whether an education decision-maker for the  | 
      
      
        | 
           
			 | 
        child has been identified, the child's education needs and goals  | 
      
      
        | 
           
			 | 
        have been identified and addressed, and there have been major  | 
      
      
        | 
           
			 | 
        changes in the child's school performance or there have been  | 
      
      
        | 
           
			 | 
        serious disciplinary events; | 
      
      
        | 
           
			 | 
                           (G)  for a child 14 years of age or older, whether  | 
      
      
        | 
           
			 | 
        services that are needed to assist the child in transitioning from  | 
      
      
        | 
           
			 | 
        substitute care to independent living are available in the child's  | 
      
      
        | 
           
			 | 
        community; and | 
      
      
        | 
           
			 | 
                           (H)  for a child whose permanency goal is another  | 
      
      
        | 
           
			 | 
        planned permanent living arrangement: | 
      
      
        | 
           
			 | 
                                 (i)  the desired permanency outcome for the  | 
      
      
        | 
           
			 | 
        child, by asking the child; and | 
      
      
        | 
           
			 | 
                                 (ii)  whether, as of the date of the hearing,  | 
      
      
        | 
           
			 | 
        another planned permanent living arrangement is the best permanency  | 
      
      
        | 
           
			 | 
        plan for the child and, if so, provide compelling reasons why it  | 
      
      
        | 
           
			 | 
        continues to not be in the best interest of the child to: | 
      
      
        | 
           
			 | 
                                       (a)  return home; | 
      
      
        | 
           
			 | 
                                       (b)  be placed for adoption; | 
      
      
        | 
           
			 | 
                                       (c)  be placed with a legal guardian;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                                       (d)  be placed with a fit and willing  | 
      
      
        | 
           
			 | 
        relative; | 
      
      
        | 
           
			 | 
                     (6) [(5)]  determine whether to return the child to the  | 
      
      
        | 
           
			 | 
        child's parents if the child's parents are willing and able to  | 
      
      
        | 
           
			 | 
        provide the child with a safe environment and the return of the  | 
      
      
        | 
           
			 | 
        child is in the child's best interest; | 
      
      
        | 
           
			 | 
                     (7) [(6)]  estimate a likely date by which the child  | 
      
      
        | 
           
			 | 
        may be returned to and safely maintained in the child's home, placed  | 
      
      
        | 
           
			 | 
        for adoption, or placed in permanent managing conservatorship; and | 
      
      
        | 
           
			 | 
                     (8) [(7)]  announce in open court the dismissal date  | 
      
      
        | 
           
			 | 
        and the date of any upcoming hearings. | 
      
      
        | 
           
			 | 
               (b)  Section 263.306(c), Family Code, is amended to conform  | 
      
      
        | 
           
			 | 
        to the amendment of Section 263.306, Family Code, by Chapter 944  | 
      
      
        | 
           
			 | 
        (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015, to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (c)  In addition to the requirements of Subsection (a-1)  | 
      
      
        | 
           
			 | 
        [(a)], at each permanency hearing before a final order is rendered  | 
      
      
        | 
           
			 | 
        the court shall review the department's efforts to ensure that the  | 
      
      
        | 
           
			 | 
        child has regular, ongoing opportunities to engage in  | 
      
      
        | 
           
			 | 
        age-appropriate normalcy activities, including activities not  | 
      
      
        | 
           
			 | 
        listed in the child's service plan. | 
      
      
        | 
           
			 | 
               (c)  Section 263.306(a), Family Code, is repealed to conform  | 
      
      
        | 
           
			 | 
        to the repeal of Section 263.306(a), Family Code, by Chapter 944  | 
      
      
        | 
           
			 | 
        (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
               SECTION 7.010.  Section 264.017, Family Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 713 (H.B. 1217), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is repealed as duplicative of Section 264.017,  | 
      
      
        | 
           
			 | 
        Family Code, as added by Chapter 944 (S.B. 206), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
               SECTION 7.011.  Section 264.304(c), Family Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapter 935 (H.B. 2398), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is repealed to conform to the repeal of Section  | 
      
      
        | 
           
			 | 
        264.304, Family Code, by Chapter 944 (S.B. 206), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 8.  CHANGES RELATING TO GOVERNMENT CODE | 
      
      
        | 
           
			 | 
        PART A.  GENERAL CHANGES | 
      
      
        | 
           
			 | 
               SECTION 8.001.  Section 126.001(b), Government Code, as  | 
      
      
        | 
           
			 | 
        transferred and redesignated from Section 169A.001, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, and as amended by  | 
      
      
        | 
           
			 | 
        Chapters 604 (S.B. 536), 770 (H.B. 2299), and 1279 (S.B. 1902), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  If a defendant successfully completes a commercially  | 
      
      
        | 
           
			 | 
        sexually exploited persons court program, regardless of whether the  | 
      
      
        | 
           
			 | 
        defendant was convicted of the offense for which the defendant  | 
      
      
        | 
           
			 | 
        entered the program or whether the court deferred further  | 
      
      
        | 
           
			 | 
        proceedings without entering an adjudication of guilt, after notice  | 
      
      
        | 
           
			 | 
        to the state and a hearing on whether the defendant is otherwise  | 
      
      
        | 
           
			 | 
        entitled to the petition, including whether the required time has  | 
      
      
        | 
           
			 | 
        elapsed, and whether issuance of the order is in the best interest  | 
      
      
        | 
           
			 | 
        of justice, the court shall enter an order of nondisclosure of  | 
      
      
        | 
           
			 | 
        criminal history record information under Subchapter E-1, Chapter  | 
      
      
        | 
           
			 | 
        411, as if the defendant had received a discharge and dismissal  | 
      
      
        | 
           
			 | 
        under Article 42A.111, Code of Criminal Procedure, with respect to  | 
      
      
        | 
           
			 | 
        all records and files related to the defendant's arrest for the  | 
      
      
        | 
           
			 | 
        offense for which the defendant entered the program. | 
      
      
        | 
           
			 | 
               SECTION 8.002.  Section 126.002(a), Government Code, as  | 
      
      
        | 
           
			 | 
        transferred and redesignated from Section 169A.002, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, and as amended by  | 
      
      
        | 
           
			 | 
        Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioners court of a county or governing body of  | 
      
      
        | 
           
			 | 
        a municipality may establish a commercially sexually exploited  | 
      
      
        | 
           
			 | 
        persons court program for defendants charged with an offense under  | 
      
      
        | 
           
			 | 
        Section 43.02(a), Penal Code. | 
      
      
        | 
           
			 | 
               SECTION 8.003.  Section 402.035(c), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B.  | 
      
      
        | 
           
			 | 
        1549), Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The task force is composed of the following: | 
      
      
        | 
           
			 | 
                     (1)  the governor or the governor's designee; | 
      
      
        | 
           
			 | 
                     (2)  the attorney general or the attorney general's  | 
      
      
        | 
           
			 | 
        designee; | 
      
      
        | 
           
			 | 
                     (3)  the executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission or the executive commissioner's designee; | 
      
      
        | 
           
			 | 
                     (4)  the commissioner of the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services or the commissioner's designee; | 
      
      
        | 
           
			 | 
                     (5)  the commissioner of the Department of State Health  | 
      
      
        | 
           
			 | 
        Services or the commissioner's designee; | 
      
      
        | 
           
			 | 
                     (6)  the public safety director of the Department of  | 
      
      
        | 
           
			 | 
        Public Safety or the director's designee; | 
      
      
        | 
           
			 | 
                     (7)  one representative from each of the following  | 
      
      
        | 
           
			 | 
        state agencies, appointed by the chief administrative officer of  | 
      
      
        | 
           
			 | 
        the respective agency: | 
      
      
        | 
           
			 | 
                           (A)  the Texas Workforce Commission; | 
      
      
        | 
           
			 | 
                           (B)  the Texas Department of Criminal Justice; | 
      
      
        | 
           
			 | 
                           (C)  the Texas Juvenile Justice Department; | 
      
      
        | 
           
			 | 
                           (D)  the Texas Education Agency; | 
      
      
        | 
           
			 | 
                           (E) [(D)]  the Texas Alcoholic Beverage  | 
      
      
        | 
           
			 | 
        Commission; | 
      
      
        | 
           
			 | 
                           (F)  the Texas Parks and Wildlife Department; and | 
      
      
        | 
           
			 | 
                           (G)  the Supreme Court of Texas Permanent Judicial  | 
      
      
        | 
           
			 | 
        Commission for Children, Youth and Families; and | 
      
      
        | 
           
			 | 
                     (8)  as appointed by the attorney general: | 
      
      
        | 
           
			 | 
                           (A)  a chief public defender employed by a public  | 
      
      
        | 
           
			 | 
        defender's office, as defined by Article 26.044(a), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, or an attorney designated by the chief public  | 
      
      
        | 
           
			 | 
        defender; | 
      
      
        | 
           
			 | 
                           (B)  an attorney representing the state; | 
      
      
        | 
           
			 | 
                           (C)  a representative of: | 
      
      
        | 
           
			 | 
                                 (i)  a hotel and motel association; | 
      
      
        | 
           
			 | 
                                 (ii)  a district and county attorneys  | 
      
      
        | 
           
			 | 
        association; | 
      
      
        | 
           
			 | 
                                 (iii)  a state police association; and | 
      
      
        | 
           
			 | 
                                 (iv)  a statewide medical association; | 
      
      
        | 
           
			 | 
                           (D)  representatives of sheriff's departments; | 
      
      
        | 
           
			 | 
                           (E)  representatives of local law enforcement  | 
      
      
        | 
           
			 | 
        agencies affected by human trafficking; and | 
      
      
        | 
           
			 | 
                           (F)  representatives of nongovernmental entities  | 
      
      
        | 
           
			 | 
        making comprehensive efforts to combat human trafficking by: | 
      
      
        | 
           
			 | 
                                 (i)  identifying human trafficking victims; | 
      
      
        | 
           
			 | 
                                 (ii)  providing legal or other services to  | 
      
      
        | 
           
			 | 
        human trafficking victims; | 
      
      
        | 
           
			 | 
                                 (iii)  participating in community outreach  | 
      
      
        | 
           
			 | 
        or public awareness efforts regarding human trafficking; | 
      
      
        | 
           
			 | 
                                 (iv)  providing or developing training  | 
      
      
        | 
           
			 | 
        regarding the prevention of human trafficking; or | 
      
      
        | 
           
			 | 
                                 (v)  engaging in other activities designed  | 
      
      
        | 
           
			 | 
        to prevent human trafficking. | 
      
      
        | 
           
			 | 
               SECTION 8.004.  Section 402.035(d), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The task force shall: | 
      
      
        | 
           
			 | 
                     (1)  collaborate, as needed to fulfill the duties of  | 
      
      
        | 
           
			 | 
        the task force, with: | 
      
      
        | 
           
			 | 
                           (A)  United States attorneys' offices [Attorneys' 
         | 
      
      
        | 
           
			 | 
        
          Offices] for all of the federal districts of Texas; and | 
      
      
        | 
           
			 | 
                           (B)  special agents or customs and border  | 
      
      
        | 
           
			 | 
        protection officers and border patrol agents of: | 
      
      
        | 
           
			 | 
                                 (i)  the Federal Bureau of Investigation; | 
      
      
        | 
           
			 | 
                                 (ii)  the United States Drug Enforcement  | 
      
      
        | 
           
			 | 
        Administration; | 
      
      
        | 
           
			 | 
                                 (iii)  the Bureau of Alcohol, Tobacco,  | 
      
      
        | 
           
			 | 
        Firearms and Explosives; | 
      
      
        | 
           
			 | 
                                 (iv)  United States Immigration and Customs  | 
      
      
        | 
           
			 | 
        Enforcement; or | 
      
      
        | 
           
			 | 
                                 (v)  the United States Department of  | 
      
      
        | 
           
			 | 
        Homeland Security; | 
      
      
        | 
           
			 | 
                     (2)  collect, organize, and periodically publish  | 
      
      
        | 
           
			 | 
        statistical data on the nature and extent of human trafficking in  | 
      
      
        | 
           
			 | 
        this state, including data described by Subdivisions (4)(A), (B),  | 
      
      
        | 
           
			 | 
        (C), (D), and (E); | 
      
      
        | 
           
			 | 
                     (3)  solicit cooperation and assistance from state and  | 
      
      
        | 
           
			 | 
        local governmental agencies, political subdivisions of the state,  | 
      
      
        | 
           
			 | 
        nongovernmental organizations, and other persons, as appropriate,  | 
      
      
        | 
           
			 | 
        for the purpose of collecting and organizing statistical data under  | 
      
      
        | 
           
			 | 
        Subdivision (2); | 
      
      
        | 
           
			 | 
                     (4)  ensure that each state or local governmental  | 
      
      
        | 
           
			 | 
        agency and political subdivision of the state and each state or  | 
      
      
        | 
           
			 | 
        local law enforcement agency, district attorney, or county attorney  | 
      
      
        | 
           
			 | 
        that assists in the prevention of human trafficking collects  | 
      
      
        | 
           
			 | 
        statistical data related to human trafficking, including, as  | 
      
      
        | 
           
			 | 
        appropriate: | 
      
      
        | 
           
			 | 
                           (A)  the number of investigations concerning,  | 
      
      
        | 
           
			 | 
        arrests and prosecutions for, and convictions of: | 
      
      
        | 
           
			 | 
                                 (i)  the offense of trafficking of persons; | 
      
      
        | 
           
			 | 
                                 (ii)  the offense of forgery or an offense  | 
      
      
        | 
           
			 | 
        under Chapter 43, Penal Code, if the offense was committed as part  | 
      
      
        | 
           
			 | 
        of a criminal episode involving the trafficking of persons; and | 
      
      
        | 
           
			 | 
                                 (iii)  an offense punishable under Section  | 
      
      
        | 
           
			 | 
        43.02(c)(3), Penal Code, regardless of whether the offense was  | 
      
      
        | 
           
			 | 
        committed as part of a criminal episode involving the trafficking  | 
      
      
        | 
           
			 | 
        of persons; | 
      
      
        | 
           
			 | 
                           (B)  demographic information on persons who are  | 
      
      
        | 
           
			 | 
        convicted of offenses described by Paragraph (A) and persons who  | 
      
      
        | 
           
			 | 
        are the victims of those offenses; | 
      
      
        | 
           
			 | 
                           (C)  geographic routes by which human trafficking  | 
      
      
        | 
           
			 | 
        victims are trafficked, including routes by which victims are  | 
      
      
        | 
           
			 | 
        trafficked across this state's international border, and  | 
      
      
        | 
           
			 | 
        geographic patterns in human trafficking, including the country or  | 
      
      
        | 
           
			 | 
        state of origin and the country or state of destination; | 
      
      
        | 
           
			 | 
                           (D)  means of transportation and methods used by  | 
      
      
        | 
           
			 | 
        persons who engage in trafficking to transport their victims; and | 
      
      
        | 
           
			 | 
                           (E)  social and economic factors that create a  | 
      
      
        | 
           
			 | 
        demand for the labor or services that victims of human trafficking  | 
      
      
        | 
           
			 | 
        are forced to provide; | 
      
      
        | 
           
			 | 
                     (5)  work with the Texas Commission on Law Enforcement  | 
      
      
        | 
           
			 | 
        to develop and conduct training for law enforcement personnel,  | 
      
      
        | 
           
			 | 
        victim service providers, and medical service providers to identify  | 
      
      
        | 
           
			 | 
        victims of human trafficking; | 
      
      
        | 
           
			 | 
                     (6)  work with the Texas Education Agency, the  | 
      
      
        | 
           
			 | 
        Department of Family and Protective Services, and the Health and  | 
      
      
        | 
           
			 | 
        Human Services Commission to: | 
      
      
        | 
           
			 | 
                           (A)  develop a list of key indicators that a  | 
      
      
        | 
           
			 | 
        person is a victim of human trafficking; | 
      
      
        | 
           
			 | 
                           (B)  develop a standardized curriculum for  | 
      
      
        | 
           
			 | 
        training doctors, nurses, emergency medical services personnel,  | 
      
      
        | 
           
			 | 
        teachers, school counselors, school administrators, and personnel  | 
      
      
        | 
           
			 | 
        from the Department of Family and Protective Services and the  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission to identify and assist victims  | 
      
      
        | 
           
			 | 
        of human trafficking; | 
      
      
        | 
           
			 | 
                           (C)  train doctors, nurses, emergency medical  | 
      
      
        | 
           
			 | 
        services personnel, teachers, school counselors, school  | 
      
      
        | 
           
			 | 
        administrators, and personnel from the Department of Family and  | 
      
      
        | 
           
			 | 
        Protective Services and the Health and Human Services Commission to  | 
      
      
        | 
           
			 | 
        identify and assist victims of human trafficking; | 
      
      
        | 
           
			 | 
                           (D)  develop and conduct training for personnel  | 
      
      
        | 
           
			 | 
        from the Department of Family and Protective Services and the  | 
      
      
        | 
           
			 | 
        Health and Human Services Commission on methods for identifying  | 
      
      
        | 
           
			 | 
        children in foster care who may be at risk of becoming victims of  | 
      
      
        | 
           
			 | 
        human trafficking; and | 
      
      
        | 
           
			 | 
                           (E)  develop a process for referring identified  | 
      
      
        | 
           
			 | 
        human trafficking victims and individuals at risk of becoming  | 
      
      
        | 
           
			 | 
        victims to appropriate entities for services; | 
      
      
        | 
           
			 | 
                     (7)  on the request of a judge of a county court, county  | 
      
      
        | 
           
			 | 
        court at law, or district court or a county attorney, district  | 
      
      
        | 
           
			 | 
        attorney, or criminal district attorney, assist and train the judge  | 
      
      
        | 
           
			 | 
        or the judge's staff or the attorney or the attorney's staff in the  | 
      
      
        | 
           
			 | 
        recognition and prevention of human trafficking; | 
      
      
        | 
           
			 | 
                     (8)  examine training protocols related to human  | 
      
      
        | 
           
			 | 
        trafficking issues, as developed and implemented by federal, state,  | 
      
      
        | 
           
			 | 
        and local law enforcement agencies; | 
      
      
        | 
           
			 | 
                     (9)  collaborate with state and local governmental  | 
      
      
        | 
           
			 | 
        agencies, political subdivisions of the state, and nongovernmental  | 
      
      
        | 
           
			 | 
        organizations to implement a media awareness campaign in  | 
      
      
        | 
           
			 | 
        communities affected by human trafficking; | 
      
      
        | 
           
			 | 
                     (10)  develop recommendations on how to strengthen  | 
      
      
        | 
           
			 | 
        state and local efforts to prevent human trafficking, protect and  | 
      
      
        | 
           
			 | 
        assist human trafficking victims, curb markets and other economic  | 
      
      
        | 
           
			 | 
        avenues that facilitate human trafficking and investigate and  | 
      
      
        | 
           
			 | 
        prosecute human trafficking offenders; | 
      
      
        | 
           
			 | 
                     (11)  examine the extent to which human trafficking is  | 
      
      
        | 
           
			 | 
        associated with the operation of sexually oriented businesses, as  | 
      
      
        | 
           
			 | 
        defined by Section 243.002, Local Government Code, and the  | 
      
      
        | 
           
			 | 
        workplace or public health concerns that are created by the  | 
      
      
        | 
           
			 | 
        association of human trafficking and the operation of sexually  | 
      
      
        | 
           
			 | 
        oriented businesses; [and] | 
      
      
        | 
           
			 | 
                     (12)  develop recommendations for addressing the  | 
      
      
        | 
           
			 | 
        demand for forced labor or services or sexual conduct involving  | 
      
      
        | 
           
			 | 
        victims of human trafficking, including recommendations for  | 
      
      
        | 
           
			 | 
        increased penalties for individuals who engage or attempt to engage  | 
      
      
        | 
           
			 | 
        in prostitution with victims younger than 18 years of age; and | 
      
      
        | 
           
			 | 
                     (13) [(12)]  identify and report to the governor and  | 
      
      
        | 
           
			 | 
        legislature on laws, licensure requirements, or other regulations  | 
      
      
        | 
           
			 | 
        that can be passed at the state and local level to curb trafficking  | 
      
      
        | 
           
			 | 
        using the Internet and in sexually oriented businesses. | 
      
      
        | 
           
			 | 
               SECTION 8.005.  Section 411.122(d), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to changes made by Chapter 838 (S.B. 202), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The following state agencies are subject to this  | 
      
      
        | 
           
			 | 
        section: | 
      
      
        | 
           
			 | 
                     (1)  Texas Appraiser Licensing and Certification  | 
      
      
        | 
           
			 | 
        Board; | 
      
      
        | 
           
			 | 
                     (2)  Texas Board of Architectural Examiners; | 
      
      
        | 
           
			 | 
                     (3)  Texas Board of Chiropractic Examiners; | 
      
      
        | 
           
			 | 
                     (4)  State Board of Dental Examiners; | 
      
      
        | 
           
			 | 
                     (5)  Texas Board of Professional Engineers; | 
      
      
        | 
           
			 | 
                     (6)  Texas Funeral Service Commission; | 
      
      
        | 
           
			 | 
                     (7)  Texas Board of Professional Geoscientists; | 
      
      
        | 
           
			 | 
                     (8)  Department of State Health Services, except as  | 
      
      
        | 
           
			 | 
        provided by Section 411.110, and agencies attached to the  | 
      
      
        | 
           
			 | 
        department, including: | 
      
      
        | 
           
			 | 
                           (A)  [Texas State Board of Examiners of 
         | 
      
      
        | 
           
			 | 
        
          Dietitians;
         | 
      
      
        | 
           
			 | 
                           [(B)]  Texas State Board of Examiners of Marriage  | 
      
      
        | 
           
			 | 
        and Family Therapists; | 
      
      
        | 
           
			 | 
                           (B) [(C)  Midwifery Board;
         | 
      
      
        | 
           
			 | 
                           [(D)
           
           
          Texas State Perfusionist Advisory 
         | 
      
      
        | 
           
			 | 
        
          Committee;
         | 
      
      
        | 
           
			 | 
                           [(E)]  Texas State Board of Examiners of  | 
      
      
        | 
           
			 | 
        Professional Counselors; and | 
      
      
        | 
           
			 | 
                           (C) [(F)]  Texas State Board of Social Worker  | 
      
      
        | 
           
			 | 
        Examiners; | 
      
      
        | 
           
			 | 
                           [(G)
           
           
          State Board of Examiners for 
         | 
      
      
        | 
           
			 | 
        
          Speech-Language Pathology and Audiology;
         | 
      
      
        | 
           
			 | 
                           [(H)  Advisory Board of Athletic Trainers;
         | 
      
      
        | 
           
			 | 
                           [(I)
           
           
          State Committee of Examiners in the Fitting 
         | 
      
      
        | 
           
			 | 
        
          and Dispensing of Hearing Instruments;
         | 
      
      
        | 
           
			 | 
                           [(J)
           
           
          Texas Board of Licensure for Professional 
         | 
      
      
        | 
           
			 | 
        
          Medical Physicists; and
         | 
      
      
        | 
           
			 | 
                           [(K)  Texas Board of Orthotics and Prosthetics;] | 
      
      
        | 
           
			 | 
                     (9)  Texas Board of Professional Land Surveying; | 
      
      
        | 
           
			 | 
                     (10)  Texas Department of Licensing and Regulation,  | 
      
      
        | 
           
			 | 
        except as provided by Section 411.093; | 
      
      
        | 
           
			 | 
                     (11)  Texas Commission on Environmental Quality; | 
      
      
        | 
           
			 | 
                     (12)  Texas Board of Occupational Therapy Examiners; | 
      
      
        | 
           
			 | 
                     (13)  Texas Optometry Board; | 
      
      
        | 
           
			 | 
                     (14)  Texas State Board of Pharmacy; | 
      
      
        | 
           
			 | 
                     (15)  Texas Board of Physical Therapy Examiners; | 
      
      
        | 
           
			 | 
                     (16)  Texas State Board of Plumbing Examiners; | 
      
      
        | 
           
			 | 
                     (17)  Texas State Board of Podiatric Medical Examiners; | 
      
      
        | 
           
			 | 
                     (18)  Texas State Board of Examiners of Psychologists; | 
      
      
        | 
           
			 | 
                     (19)  Texas Real Estate Commission; | 
      
      
        | 
           
			 | 
                     (20)  Texas Department of Transportation; | 
      
      
        | 
           
			 | 
                     (21)  State Board of Veterinary Medical Examiners; | 
      
      
        | 
           
			 | 
                     (22)  Texas Department of Housing and Community  | 
      
      
        | 
           
			 | 
        Affairs; | 
      
      
        | 
           
			 | 
                     (23)  secretary of state; | 
      
      
        | 
           
			 | 
                     (24)  state fire marshal; | 
      
      
        | 
           
			 | 
                     (25)  Texas Education Agency; | 
      
      
        | 
           
			 | 
                     (26)  Department of Agriculture; and | 
      
      
        | 
           
			 | 
                     (27)  Texas Department of Motor Vehicles. | 
      
      
        | 
           
			 | 
               SECTION 8.006.  Section 434.017(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 160 (H.B. 1584) and 821 (H.B. 3710), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The fund for veterans' assistance is a special fund in  | 
      
      
        | 
           
			 | 
        the state treasury outside the general revenue fund.  The fund is  | 
      
      
        | 
           
			 | 
        composed of: | 
      
      
        | 
           
			 | 
                     (1)  money transferred to the fund at the direction of  | 
      
      
        | 
           
			 | 
        the legislature; | 
      
      
        | 
           
			 | 
                     (2)  gifts and grants contributed to the fund; | 
      
      
        | 
           
			 | 
                     (3)  the earnings of the fund; | 
      
      
        | 
           
			 | 
                     (4)  money transferred to the fund from proceeds of the  | 
      
      
        | 
           
			 | 
        lottery game operated under Section 466.027 or transferred to the  | 
      
      
        | 
           
			 | 
        fund under Section 466.408(b); | 
      
      
        | 
           
			 | 
                     (5)  money deposited to the credit of the fund under  | 
      
      
        | 
           
			 | 
        Section 502.1746, Transportation Code; | 
      
      
        | 
           
			 | 
                     (6)  money deposited to the credit of the fund under  | 
      
      
        | 
           
			 | 
        Section 521.010, Transportation Code; [and] | 
      
      
        | 
           
			 | 
                     (7)  money deposited to the credit of the fund under  | 
      
      
        | 
           
			 | 
        Section 12.007, Parks and Wildlife Code; and | 
      
      
        | 
           
			 | 
                     (8) [(7)]  money deposited to the credit of the fund  | 
      
      
        | 
           
			 | 
        under Section 411.1741. | 
      
      
        | 
           
			 | 
               SECTION 8.007.  Section 437.355(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 144 (H.B. 115) and 760 (H.B. 2108), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The governor or adjutant general, if delegated the  | 
      
      
        | 
           
			 | 
        authority, may adopt policies and regulations relating to awarding: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Purple Heart Medal, which shall be  | 
      
      
        | 
           
			 | 
        awarded to a service member who: | 
      
      
        | 
           
			 | 
                           (A)  after September 11, 2001: | 
      
      
        | 
           
			 | 
                                 (i)  was inducted into federal service from  | 
      
      
        | 
           
			 | 
        the Texas National Guard; and | 
      
      
        | 
           
			 | 
                                 (ii)  meets the criteria for an award of the  | 
      
      
        | 
           
			 | 
        federal Purple Heart Medal; or | 
      
      
        | 
           
			 | 
                           (B)  was wounded or killed at Fort Hood on  | 
      
      
        | 
           
			 | 
        November 5, 2009; | 
      
      
        | 
           
			 | 
                     (2)  the Texas Superior Service Medal, which shall be  | 
      
      
        | 
           
			 | 
        awarded to: | 
      
      
        | 
           
			 | 
                           (A)  a service member of the Texas military forces  | 
      
      
        | 
           
			 | 
        who has: | 
      
      
        | 
           
			 | 
                                 (i)  completed 30 or more years of honorable  | 
      
      
        | 
           
			 | 
        state service or a combination of state and federal service; and | 
      
      
        | 
           
			 | 
                                 (ii)  continually demonstrated superior  | 
      
      
        | 
           
			 | 
        performance and service while assigned to key leadership positions  | 
      
      
        | 
           
			 | 
        demanding responsibility; or | 
      
      
        | 
           
			 | 
                           (B)  a civilian who has contributed significant  | 
      
      
        | 
           
			 | 
        service to the Texas military forces; | 
      
      
        | 
           
			 | 
                     (3)  the Lone Star Distinguished Service Medal, which  | 
      
      
        | 
           
			 | 
        shall be awarded to a member of the military forces of this state,  | 
      
      
        | 
           
			 | 
        another state, or the United States for exceptionally outstanding  | 
      
      
        | 
           
			 | 
        achievement or service to this state in performance of a duty of  | 
      
      
        | 
           
			 | 
        great responsibility while serving with the Texas military forces  | 
      
      
        | 
           
			 | 
        for whom the department receives a letter of recommendation for  | 
      
      
        | 
           
			 | 
        award of the Lone Star Distinguished Service Medal that: | 
      
      
        | 
           
			 | 
                           (A)  gives an account of the exceptional  | 
      
      
        | 
           
			 | 
        achievement or service; and | 
      
      
        | 
           
			 | 
                           (B)  includes facts and photographs, and extracts  | 
      
      
        | 
           
			 | 
        from official documents to support and amplify the facts; | 
      
      
        | 
           
			 | 
                     (4)  the Texas Outstanding Service Medal, which shall  | 
      
      
        | 
           
			 | 
        be awarded to a service member of the military forces of this state,  | 
      
      
        | 
           
			 | 
        another state, or the United States who has performed service in a  | 
      
      
        | 
           
			 | 
        superior and clearly outstanding manner; | 
      
      
        | 
           
			 | 
                     (5)  the Texas Humanitarian Service Medal, which shall  | 
      
      
        | 
           
			 | 
        be awarded to a service member who: | 
      
      
        | 
           
			 | 
                           (A)  does not meet the criteria for an award of the  | 
      
      
        | 
           
			 | 
        federal Humanitarian Service Medal; | 
      
      
        | 
           
			 | 
                           (B)  is a member of the Texas military forces; and | 
      
      
        | 
           
			 | 
                           (C)  while serving on state active duty or active  | 
      
      
        | 
           
			 | 
        duty under state authority in accordance with Title 32, United  | 
      
      
        | 
           
			 | 
        States Code, participates satisfactorily in defense support to a  | 
      
      
        | 
           
			 | 
        mission under civilian authority to protect life or property during  | 
      
      
        | 
           
			 | 
        or soon after a natural disaster or civil unrest in the state; | 
      
      
        | 
           
			 | 
                     (6)  the Texas Homeland Defense Service Medal, which  | 
      
      
        | 
           
			 | 
        shall be awarded to a service member of the Texas military forces  | 
      
      
        | 
           
			 | 
        who served: | 
      
      
        | 
           
			 | 
                           (A)  on or after September 11, 2001; | 
      
      
        | 
           
			 | 
                           (B)  on state active duty or active duty under  | 
      
      
        | 
           
			 | 
        state authority in accordance with Title 32, United States Code;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (C)  satisfactorily in defense support to a  | 
      
      
        | 
           
			 | 
        mission in the state under civilian authority; | 
      
      
        | 
           
			 | 
                     (7)  the Federal Service Medal, which shall be awarded  | 
      
      
        | 
           
			 | 
        to a service member who was inducted into federal service from the  | 
      
      
        | 
           
			 | 
        Texas military forces between June 15, 1940, and January 1, 1946, or  | 
      
      
        | 
           
			 | 
        after June 1, 1950, if the service was for more than 90 days; | 
      
      
        | 
           
			 | 
                     (8)  the Texas Combat Service Ribbon, which shall be  | 
      
      
        | 
           
			 | 
        awarded to a service member of the Texas National Guard who served,  | 
      
      
        | 
           
			 | 
        after September 11, 2001, in a hostile fire zone as designated by  | 
      
      
        | 
           
			 | 
        the United States secretary of defense; | 
      
      
        | 
           
			 | 
                     (9)  the Texas Faithful Service Medal, which shall be  | 
      
      
        | 
           
			 | 
        awarded to a member of the Texas military forces who has completed  | 
      
      
        | 
           
			 | 
        five years of honorable service during which the service member has  | 
      
      
        | 
           
			 | 
        shown fidelity to duty, efficient service, and great loyalty to  | 
      
      
        | 
           
			 | 
        this state; | 
      
      
        | 
           
			 | 
                     (10)  the Texas Medal of Merit, which shall be awarded  | 
      
      
        | 
           
			 | 
        to a member of the military forces of this state, another state, or  | 
      
      
        | 
           
			 | 
        the United States who performs outstanding service or attains  | 
      
      
        | 
           
			 | 
        extraordinary achievement in behalf of the state or United States; | 
      
      
        | 
           
			 | 
                     (11)  the Texas State Guard Service Medal, which shall  | 
      
      
        | 
           
			 | 
        be awarded to a service member who completes three consecutive  | 
      
      
        | 
           
			 | 
        years of honorable service in the Texas State Guard during which the  | 
      
      
        | 
           
			 | 
        service member has shown fidelity to duty, efficient service, and  | 
      
      
        | 
           
			 | 
        great loyalty to this state; | 
      
      
        | 
           
			 | 
                     (12)  the Texas Desert Shield/Desert Storm Campaign  | 
      
      
        | 
           
			 | 
        Medal, which shall be awarded to a service member who was inducted  | 
      
      
        | 
           
			 | 
        into federal service from the Texas National Guard after August 1,  | 
      
      
        | 
           
			 | 
        1990, in support of Operation Desert Shield or Operation Desert  | 
      
      
        | 
           
			 | 
        Storm, without regard to the place that the service member was  | 
      
      
        | 
           
			 | 
        deployed while serving on active federal military duty; | 
      
      
        | 
           
			 | 
                     (13)  the Texas Iraqi Campaign Medal, which shall be  | 
      
      
        | 
           
			 | 
        awarded to a service member who was inducted into federal service  | 
      
      
        | 
           
			 | 
        from the Texas National Guard, without regard to the place that the  | 
      
      
        | 
           
			 | 
        service member was deployed while serving on active federal  | 
      
      
        | 
           
			 | 
        military duty, after: | 
      
      
        | 
           
			 | 
                           (A)  March 19, 2003, in support of Operation Iraqi  | 
      
      
        | 
           
			 | 
        Freedom; or | 
      
      
        | 
           
			 | 
                           (B)  August 31, 2010, in support of Operation New  | 
      
      
        | 
           
			 | 
        Dawn; | 
      
      
        | 
           
			 | 
                     (14)  the Texas Afghanistan Campaign Medal, which shall  | 
      
      
        | 
           
			 | 
        be awarded to a service member who was inducted into federal service  | 
      
      
        | 
           
			 | 
        from the Texas National Guard after October 6, 2001, in support of  | 
      
      
        | 
           
			 | 
        Operation Enduring Freedom, without regard to the place that the  | 
      
      
        | 
           
			 | 
        service member was deployed while serving on active federal  | 
      
      
        | 
           
			 | 
        military duty; and | 
      
      
        | 
           
			 | 
                     (15)  the Cold War Medal, which, subject to Subsection  | 
      
      
        | 
           
			 | 
        (c), shall be awarded to a member of the military forces of this  | 
      
      
        | 
           
			 | 
        state or the United States who: | 
      
      
        | 
           
			 | 
                           (A)  served between September 2, 1945, and  | 
      
      
        | 
           
			 | 
        December 26, 1991; and | 
      
      
        | 
           
			 | 
                           (B)  was a resident of this state at the time the  | 
      
      
        | 
           
			 | 
        service member entered military service. | 
      
      
        | 
           
			 | 
               SECTION 8.008.  Section 511.009(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B.  | 
      
      
        | 
           
			 | 
        634), Acts of the 84th Legislature, Regular Session, 2015, is  | 
      
      
        | 
           
			 | 
        reenacted and amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commission shall: | 
      
      
        | 
           
			 | 
                     (1)  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        establishing minimum standards for the construction, equipment,  | 
      
      
        | 
           
			 | 
        maintenance, and operation of county jails; | 
      
      
        | 
           
			 | 
                     (2)  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        establishing minimum standards for the custody, care, and treatment  | 
      
      
        | 
           
			 | 
        of prisoners; | 
      
      
        | 
           
			 | 
                     (3)  adopt reasonable rules establishing minimum  | 
      
      
        | 
           
			 | 
        standards for the number of jail supervisory personnel and for  | 
      
      
        | 
           
			 | 
        programs and services to meet the needs of prisoners; | 
      
      
        | 
           
			 | 
                     (4)  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        establishing minimum requirements for programs of rehabilitation,  | 
      
      
        | 
           
			 | 
        education, and recreation in county jails; | 
      
      
        | 
           
			 | 
                     (5)  revise, amend, or change rules and procedures if  | 
      
      
        | 
           
			 | 
        necessary; | 
      
      
        | 
           
			 | 
                     (6)  provide to local government officials  | 
      
      
        | 
           
			 | 
        consultation on and technical assistance for county jails; | 
      
      
        | 
           
			 | 
                     (7)  review and comment on plans for the construction  | 
      
      
        | 
           
			 | 
        and major modification or renovation of county jails; | 
      
      
        | 
           
			 | 
                     (8)  require that the sheriff and commissioners of each  | 
      
      
        | 
           
			 | 
        county submit to the commission, on a form prescribed by the  | 
      
      
        | 
           
			 | 
        commission, an annual report on the conditions in each county jail  | 
      
      
        | 
           
			 | 
        within their jurisdiction, including all information necessary to  | 
      
      
        | 
           
			 | 
        determine compliance with state law, commission orders, and the  | 
      
      
        | 
           
			 | 
        rules adopted under this chapter; | 
      
      
        | 
           
			 | 
                     (9)  review the reports submitted under Subdivision (8)  | 
      
      
        | 
           
			 | 
        and require commission employees to inspect county jails regularly  | 
      
      
        | 
           
			 | 
        to ensure compliance with state law, commission orders, and rules  | 
      
      
        | 
           
			 | 
        and procedures adopted under this chapter; | 
      
      
        | 
           
			 | 
                     (10)  adopt a classification system to assist sheriffs  | 
      
      
        | 
           
			 | 
        and judges in determining which defendants are low-risk and  | 
      
      
        | 
           
			 | 
        consequently suitable participants in a county jail work release  | 
      
      
        | 
           
			 | 
        program under Article 42.034, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (11)  adopt rules relating to requirements for  | 
      
      
        | 
           
			 | 
        segregation of classes of inmates and to capacities for county  | 
      
      
        | 
           
			 | 
        jails; | 
      
      
        | 
           
			 | 
                     (12)  require that the chief jailer of each municipal  | 
      
      
        | 
           
			 | 
        lockup submit to the commission, on a form prescribed by the  | 
      
      
        | 
           
			 | 
        commission, an annual report of persons under 17 years of age  | 
      
      
        | 
           
			 | 
        securely detained in the lockup, including all information  | 
      
      
        | 
           
			 | 
        necessary to determine compliance with state law concerning secure  | 
      
      
        | 
           
			 | 
        confinement of children in municipal lockups; | 
      
      
        | 
           
			 | 
                     (13)  at least annually determine whether each county  | 
      
      
        | 
           
			 | 
        jail is in compliance with the rules and procedures adopted under  | 
      
      
        | 
           
			 | 
        this chapter; | 
      
      
        | 
           
			 | 
                     (14)  require that the sheriff and commissioners court  | 
      
      
        | 
           
			 | 
        of each county submit to the commission, on a form prescribed by the  | 
      
      
        | 
           
			 | 
        commission, an annual report of persons under 17 years of age  | 
      
      
        | 
           
			 | 
        securely detained in the county jail, including all information  | 
      
      
        | 
           
			 | 
        necessary to determine compliance with state law concerning secure  | 
      
      
        | 
           
			 | 
        confinement of children in county jails; | 
      
      
        | 
           
			 | 
                     (15)  schedule announced and unannounced inspections  | 
      
      
        | 
           
			 | 
        of jails under the commission's jurisdiction using the risk  | 
      
      
        | 
           
			 | 
        assessment plan established under Section 511.0085 to guide the  | 
      
      
        | 
           
			 | 
        inspections process; | 
      
      
        | 
           
			 | 
                     (16)  adopt a policy for gathering and distributing to  | 
      
      
        | 
           
			 | 
        jails under the commission's jurisdiction information regarding: | 
      
      
        | 
           
			 | 
                           (A)  common issues concerning jail  | 
      
      
        | 
           
			 | 
        administration; | 
      
      
        | 
           
			 | 
                           (B)  examples of successful strategies for  | 
      
      
        | 
           
			 | 
        maintaining compliance with state law and the rules, standards, and  | 
      
      
        | 
           
			 | 
        procedures of the commission; and | 
      
      
        | 
           
			 | 
                           (C)  solutions to operational challenges for  | 
      
      
        | 
           
			 | 
        jails; | 
      
      
        | 
           
			 | 
                     (17)  report to the Texas Correctional Office on  | 
      
      
        | 
           
			 | 
        Offenders with Medical or Mental Impairments on a jail's compliance  | 
      
      
        | 
           
			 | 
        with Article 16.22, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (18)  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        establishing minimum requirements for jails to: | 
      
      
        | 
           
			 | 
                           (A)  determine if a prisoner is pregnant; and | 
      
      
        | 
           
			 | 
                           (B)  ensure that the jail's health services plan  | 
      
      
        | 
           
			 | 
        addresses medical and mental health care, including nutritional  | 
      
      
        | 
           
			 | 
        requirements, and any special housing or work assignment needs for  | 
      
      
        | 
           
			 | 
        persons who are confined in the jail and are known or determined to  | 
      
      
        | 
           
			 | 
        be pregnant; | 
      
      
        | 
           
			 | 
                     (19)  provide guidelines to sheriffs regarding  | 
      
      
        | 
           
			 | 
        contracts between a sheriff and another entity for the provision of  | 
      
      
        | 
           
			 | 
        food services to or the operation of a commissary in a jail under  | 
      
      
        | 
           
			 | 
        the commission's jurisdiction, including specific provisions  | 
      
      
        | 
           
			 | 
        regarding conflicts of interest and avoiding the appearance of  | 
      
      
        | 
           
			 | 
        impropriety; [and] | 
      
      
        | 
           
			 | 
                     (20)  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        establishing minimum standards for prisoner visitation that  | 
      
      
        | 
           
			 | 
        provide each prisoner at a county jail with a minimum of two  | 
      
      
        | 
           
			 | 
        in-person, noncontact visitation periods per week of at least 20  | 
      
      
        | 
           
			 | 
        minutes duration each; | 
      
      
        | 
           
			 | 
                     (21) [(20)]  require the sheriff of each county to: | 
      
      
        | 
           
			 | 
                           (A)  investigate and verify the veteran status of  | 
      
      
        | 
           
			 | 
        each prisoner by using data made available from the Veterans  | 
      
      
        | 
           
			 | 
        Reentry Search Service (VRSS) operated by the United States  | 
      
      
        | 
           
			 | 
        Department of Veterans Affairs or a similar service; and | 
      
      
        | 
           
			 | 
                           (B)  use the data described by Paragraph (A) to  | 
      
      
        | 
           
			 | 
        assist prisoners who are veterans in applying for federal benefits  | 
      
      
        | 
           
			 | 
        or compensation for which the prisoners may be eligible under a  | 
      
      
        | 
           
			 | 
        program administered by the United States Department of Veterans  | 
      
      
        | 
           
			 | 
        Affairs; and | 
      
      
        | 
           
			 | 
                     (22) [(20)]  adopt reasonable rules and procedures  | 
      
      
        | 
           
			 | 
        regarding visitation of a prisoner at a county jail by a guardian,  | 
      
      
        | 
           
			 | 
        as defined by Section 1002.012, Estates Code, that: | 
      
      
        | 
           
			 | 
                           (A)  allow visitation by a guardian to the same  | 
      
      
        | 
           
			 | 
        extent as the prisoner's next of kin, including placing the  | 
      
      
        | 
           
			 | 
        guardian on the prisoner's approved visitors list on the guardian's  | 
      
      
        | 
           
			 | 
        request and providing the guardian access to the prisoner during a  | 
      
      
        | 
           
			 | 
        facility's standard visitation hours if the prisoner is otherwise  | 
      
      
        | 
           
			 | 
        eligible to receive visitors; and | 
      
      
        | 
           
			 | 
                           (B)  require the guardian to provide the sheriff  | 
      
      
        | 
           
			 | 
        with letters of guardianship issued as provided by Section  | 
      
      
        | 
           
			 | 
        1106.001, Estates Code, before being allowed to visit the prisoner. | 
      
      
        | 
           
			 | 
               SECTION 8.009.  Section 531.012(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The executive commissioner shall establish and maintain  | 
      
      
        | 
           
			 | 
        advisory committees to consider issues and solicit public input  | 
      
      
        | 
           
			 | 
        across all major areas of the health and human services system which  | 
      
      
        | 
           
			 | 
        may be from various geographic areas across the state, which may be  | 
      
      
        | 
           
			 | 
        done either in person or through teleconferencing centers,  | 
      
      
        | 
           
			 | 
        including relating to the following issues: | 
      
      
        | 
           
			 | 
                     (1)  Medicaid and other social services programs; | 
      
      
        | 
           
			 | 
                     (2)  managed care under Medicaid and the child health  | 
      
      
        | 
           
			 | 
        plan program; | 
      
      
        | 
           
			 | 
                     (3)  health care quality initiatives; | 
      
      
        | 
           
			 | 
                     (4)  aging; | 
      
      
        | 
           
			 | 
                     (5)  persons with disabilities, including persons with  | 
      
      
        | 
           
			 | 
        autism; | 
      
      
        | 
           
			 | 
                     (6)  rehabilitation, including for persons with brain  | 
      
      
        | 
           
			 | 
        injuries; | 
      
      
        | 
           
			 | 
                     (7)  children; | 
      
      
        | 
           
			 | 
                     (8)  public health; | 
      
      
        | 
           
			 | 
                     (9)  behavioral health; | 
      
      
        | 
           
			 | 
                     (10)  regulatory matters; | 
      
      
        | 
           
			 | 
                     (11)  protective services; and | 
      
      
        | 
           
			 | 
                     (12)  prevention efforts. | 
      
      
        | 
           
			 | 
               SECTION 8.010.  Section 531.02112(c), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapter 1203 (S.B. 1455), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Section 531.02112, Government Code, by Chapter 837 (S.B. 200), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
               SECTION 8.011.  Section 531.0736(g), Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 946 (S.B. 277), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        531.0736(g), Government Code, as added by Chapter 837 (S.B. 200),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
               SECTION 8.012.  Section 531.102(p), Government Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 837 (S.B. 200), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        531.102(v), Government Code. | 
      
      
        | 
           
			 | 
               SECTION 8.013.  Section 533.00251(c), Government Code, as  | 
      
      
        | 
           
			 | 
        effective September 1, 2021, is amended to conform to Chapters 837  | 
      
      
        | 
           
			 | 
        (S.B. 200) and 946 (S.B. 277), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Subject to Section 533.0025 and notwithstanding any  | 
      
      
        | 
           
			 | 
        other law, the commission[, in consultation with the advisory 
         | 
      
      
        | 
           
			 | 
        
          committee,] shall provide benefits under Medicaid to recipients who  | 
      
      
        | 
           
			 | 
        reside in nursing facilities through the STAR + PLUS Medicaid  | 
      
      
        | 
           
			 | 
        managed care program. In implementing this subsection, the  | 
      
      
        | 
           
			 | 
        commission shall ensure: | 
      
      
        | 
           
			 | 
                     (1)  that a nursing facility is paid not later than the  | 
      
      
        | 
           
			 | 
        10th day after the date the facility submits a clean claim; | 
      
      
        | 
           
			 | 
                     (2)  the appropriate utilization of services  | 
      
      
        | 
           
			 | 
        consistent with criteria established by the commission; | 
      
      
        | 
           
			 | 
                     (3)  a reduction in the incidence of potentially  | 
      
      
        | 
           
			 | 
        preventable events and unnecessary institutionalizations; | 
      
      
        | 
           
			 | 
                     (4)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program provides discharge  | 
      
      
        | 
           
			 | 
        planning, transitional care, and other education programs to  | 
      
      
        | 
           
			 | 
        physicians and hospitals regarding all available long-term care  | 
      
      
        | 
           
			 | 
        settings; | 
      
      
        | 
           
			 | 
                     (5)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program: | 
      
      
        | 
           
			 | 
                           (A)  assists in collecting applied income from  | 
      
      
        | 
           
			 | 
        recipients; and | 
      
      
        | 
           
			 | 
                           (B)  provides payment incentives to nursing  | 
      
      
        | 
           
			 | 
        facility providers that reward reductions in preventable acute care  | 
      
      
        | 
           
			 | 
        costs and encourage transformative efforts in the delivery of  | 
      
      
        | 
           
			 | 
        nursing facility services, including efforts to promote a  | 
      
      
        | 
           
			 | 
        resident-centered care culture through facility design and  | 
      
      
        | 
           
			 | 
        services provided; | 
      
      
        | 
           
			 | 
                     (6)  the establishment of a portal that is in  | 
      
      
        | 
           
			 | 
        compliance with state and federal regulations, including standard  | 
      
      
        | 
           
			 | 
        coding requirements, through which nursing facility providers  | 
      
      
        | 
           
			 | 
        participating in the STAR + PLUS Medicaid managed care program may  | 
      
      
        | 
           
			 | 
        submit claims to any participating managed care organization; | 
      
      
        | 
           
			 | 
                     (7)  that rules and procedures relating to the  | 
      
      
        | 
           
			 | 
        certification and decertification of nursing facility beds under  | 
      
      
        | 
           
			 | 
        Medicaid are not affected; | 
      
      
        | 
           
			 | 
                     (8)  that a managed care organization providing  | 
      
      
        | 
           
			 | 
        services under the managed care program, to the greatest extent  | 
      
      
        | 
           
			 | 
        possible, offers nursing facility providers access to: | 
      
      
        | 
           
			 | 
                           (A)  acute care professionals; and | 
      
      
        | 
           
			 | 
                           (B)  telemedicine, when feasible and in  | 
      
      
        | 
           
			 | 
        accordance with state law, including rules adopted by the Texas  | 
      
      
        | 
           
			 | 
        Medical Board; and | 
      
      
        | 
           
			 | 
                     (9)  that the commission approves the staff rate  | 
      
      
        | 
           
			 | 
        enhancement methodology for the staff rate enhancement paid to a  | 
      
      
        | 
           
			 | 
        nursing facility that qualifies for the enhancement under the  | 
      
      
        | 
           
			 | 
        managed care program. | 
      
      
        | 
           
			 | 
               SECTION 8.014.  Section 2165.007(b), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other law, the commission shall  | 
      
      
        | 
           
			 | 
        provide facilities management services in relation to all state  | 
      
      
        | 
           
			 | 
        agency facilities in Travis County or a county adjacent to Travis  | 
      
      
        | 
           
			 | 
        County.  The commission's duty does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a facility owned or operated by an institution of  | 
      
      
        | 
           
			 | 
        higher education; | 
      
      
        | 
           
			 | 
                     (2)  military facilities; | 
      
      
        | 
           
			 | 
                     (3)  facilities owned or operated by the Texas  | 
      
      
        | 
           
			 | 
        Department of Criminal Justice; | 
      
      
        | 
           
			 | 
                     (4)  facilities owned or operated by the Texas Juvenile  | 
      
      
        | 
           
			 | 
        Justice Department; | 
      
      
        | 
           
			 | 
                     (5)  facilities owned or operated by the Texas  | 
      
      
        | 
           
			 | 
        Department of Transportation; | 
      
      
        | 
           
			 | 
                     (6)  the Capitol, including the Capitol Extension, the  | 
      
      
        | 
           
			 | 
        General Land Office building, the Bob Bullock Texas State History  | 
      
      
        | 
           
			 | 
        Museum, any museum located on the Capitol grounds, the Governor's  | 
      
      
        | 
           
			 | 
        Mansion, and any property maintained by the Texas Historical  | 
      
      
        | 
           
			 | 
        Commission under Sections 442.0072 and 442.0073; | 
      
      
        | 
           
			 | 
                     (7)  a facility determined by the commission to be  | 
      
      
        | 
           
			 | 
        completely residential; | 
      
      
        | 
           
			 | 
                     (8)  a regional or field office of a state agency; | 
      
      
        | 
           
			 | 
                     (9)  a facility located within or on state park  | 
      
      
        | 
           
			 | 
        property; | 
      
      
        | 
           
			 | 
                     (10)  the property known as the Finance Commission  | 
      
      
        | 
           
			 | 
        Building described by deed recorded in Volume 5080, Page 1099, of  | 
      
      
        | 
           
			 | 
        the Deed Records of Travis County, Texas; | 
      
      
        | 
           
			 | 
                     (11)  the property known as the Credit Union Department  | 
      
      
        | 
           
			 | 
        Building described by deed recorded in Volume 6126, Page 27, of the  | 
      
      
        | 
           
			 | 
        Deed Records of Travis County, Texas; or | 
      
      
        | 
           
			 | 
                     (12)  the property known as the Texas State Cemetery  | 
      
      
        | 
           
			 | 
        described as 17.376 acres located at 801 Comal, Lot 5, Division B,  | 
      
      
        | 
           
			 | 
        City of Austin, Travis County, Texas. | 
      
      
        | 
           
			 | 
               SECTION 8.015.  Section 2256.008(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 222 (H.B. 1148) and 1248 (H.B. 870), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsections (a-1), (b), [and] (e),  | 
      
      
        | 
           
			 | 
        and (f), the treasurer, the chief financial officer if the  | 
      
      
        | 
           
			 | 
        treasurer is not the chief financial officer, and the investment  | 
      
      
        | 
           
			 | 
        officer of a local government shall: | 
      
      
        | 
           
			 | 
                     (1)  attend at least one training session from an  | 
      
      
        | 
           
			 | 
        independent source approved by the governing body of the local  | 
      
      
        | 
           
			 | 
        government or a designated investment committee advising the  | 
      
      
        | 
           
			 | 
        investment officer as provided for in the investment policy of the  | 
      
      
        | 
           
			 | 
        local government and containing at least 10 hours of instruction  | 
      
      
        | 
           
			 | 
        relating to the treasurer's or officer's responsibilities under  | 
      
      
        | 
           
			 | 
        this subchapter within 12 months after taking office or assuming  | 
      
      
        | 
           
			 | 
        duties; and | 
      
      
        | 
           
			 | 
                     (2)  [except as provided by Subsections (b), (e), and 
         | 
      
      
        | 
           
			 | 
        
          (f),] attend an investment training session not less than once in a  | 
      
      
        | 
           
			 | 
        two-year period that begins on the first day of that local  | 
      
      
        | 
           
			 | 
        government's fiscal year and consists of the two consecutive fiscal  | 
      
      
        | 
           
			 | 
        years after that date, and receive not less than 10 hours of  | 
      
      
        | 
           
			 | 
        instruction relating to investment responsibilities under this  | 
      
      
        | 
           
			 | 
        subchapter from an independent source approved by the governing  | 
      
      
        | 
           
			 | 
        body of the local government or a designated investment committee  | 
      
      
        | 
           
			 | 
        advising the investment officer as provided for in the investment  | 
      
      
        | 
           
			 | 
        policy of the local government. | 
      
      
        | 
           
			 | 
               SECTION 8.016.  Section 2306.6725(a), Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 954 (S.B. 1316) and 1111 (H.B. 3311), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  In allocating low income housing tax credits, the  | 
      
      
        | 
           
			 | 
        department shall score each application using a point system based  | 
      
      
        | 
           
			 | 
        on criteria adopted by the department that are consistent with the  | 
      
      
        | 
           
			 | 
        department's housing goals, including criteria addressing the  | 
      
      
        | 
           
			 | 
        ability of the proposed project to: | 
      
      
        | 
           
			 | 
                     (1)  provide quality social support services to  | 
      
      
        | 
           
			 | 
        residents; | 
      
      
        | 
           
			 | 
                     (2)  demonstrate community and neighborhood support as  | 
      
      
        | 
           
			 | 
        defined by the qualified allocation plan; | 
      
      
        | 
           
			 | 
                     (3)  consistent with sound underwriting practices and  | 
      
      
        | 
           
			 | 
        when economically feasible, serve individuals and families of  | 
      
      
        | 
           
			 | 
        extremely low income by leveraging private and state and federal  | 
      
      
        | 
           
			 | 
        resources, including federal HOPE VI grants received through the  | 
      
      
        | 
           
			 | 
        United States Department of Housing and Urban Development; | 
      
      
        | 
           
			 | 
                     (4)  serve traditionally underserved areas; | 
      
      
        | 
           
			 | 
                     (5)  demonstrate support from local political  | 
      
      
        | 
           
			 | 
        subdivisions based on the subdivisions' commitment of development  | 
      
      
        | 
           
			 | 
        funding; | 
      
      
        | 
           
			 | 
                     (6)  rehabilitate or perform an adaptive reuse of a  | 
      
      
        | 
           
			 | 
        certified historic structure, as defined by Section 171.901(1), Tax  | 
      
      
        | 
           
			 | 
        Code, as part of the development; | 
      
      
        | 
           
			 | 
                     (7)  remain affordable to qualified tenants for an  | 
      
      
        | 
           
			 | 
        extended, economically feasible period; and | 
      
      
        | 
           
			 | 
                     (8)  comply with the accessibility standards that are  | 
      
      
        | 
           
			 | 
        required under Section 504, Rehabilitation Act of 1973 (29 U.S.C.  | 
      
      
        | 
           
			 | 
        Section 794), and specified under 24 C.F.R. Part 8, Subpart C. | 
      
      
        | 
           
			 | 
        PART B.  UPDATE OF COURT FEES AND COSTS | 
      
      
        | 
           
			 | 
               SECTION 8.101.  Section 101.021, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 1182 (S.B. 1139), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.021.  SUPREME COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of the supreme court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
                     (1)  application for petition for review (Sec. 51.005,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                     (2)  additional fee if application for petition for  | 
      
      
        | 
           
			 | 
        review is granted (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (3)  motion for leave to file petition for writ of  | 
      
      
        | 
           
			 | 
        mandamus, prohibition, injunction, and other similar proceedings  | 
      
      
        | 
           
			 | 
        originating in the supreme court (Sec. 51.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $50; | 
      
      
        | 
           
			 | 
                     (4)  additional fee if a motion under Subdivision (3)  | 
      
      
        | 
           
			 | 
        is granted (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (5)  certified question from a federal court of appeals  | 
      
      
        | 
           
			 | 
        to the supreme court (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (6)  case appealed to the supreme court from the  | 
      
      
        | 
           
			 | 
        district court by direct appeal (Sec. 51.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $100; | 
      
      
        | 
           
			 | 
                     (7)  any other proceeding filed in the supreme court  | 
      
      
        | 
           
			 | 
        (Sec. 51.005, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (8)  administering an oath and giving a sealed  | 
      
      
        | 
           
			 | 
        certificate of the oath (Sec. 51.005, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (9)  making certain copies, including certificate and  | 
      
      
        | 
           
			 | 
        seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if  | 
      
      
        | 
           
			 | 
        more than 10 pages; | 
      
      
        | 
           
			 | 
                     (10)  any official service performed by the clerk for  | 
      
      
        | 
           
			 | 
        which a fee is not otherwise provided (Sec. 51.005, Government  | 
      
      
        | 
           
			 | 
        Code) . . . reasonable amount set by order or rule of supreme court; | 
      
      
        | 
           
			 | 
                     (10-a)  supreme court support account filing fee (Sec.  | 
      
      
        | 
           
			 | 
        51.0051, Government Code) . . . amount set by the supreme court,  | 
      
      
        | 
           
			 | 
        not to exceed $50; | 
      
      
        | 
           
			 | 
                     (11)  issuance of attorney's license or certificate  | 
      
      
        | 
           
			 | 
        (Sec. 51.006, Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (12)  additional filing fee to fund civil legal  | 
      
      
        | 
           
			 | 
        services for the indigent (Sec. 51.941, Government Code) . . . $25;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (13)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               SECTION 8.102.  Section 101.041, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 1182 (S.B. 1139), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.041.  COURT OF APPEALS FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a court of appeals shall collect fees and costs  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
                     (1)  for cases appealed to and filed in the court of  | 
      
      
        | 
           
			 | 
        appeals from the district and county courts within its court of  | 
      
      
        | 
           
			 | 
        appeals district (Sec. 51.207, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                     (2)  motion for leave to file petition for writ of  | 
      
      
        | 
           
			 | 
        mandamus, prohibition, injunction, and other similar proceedings  | 
      
      
        | 
           
			 | 
        originating in the court of appeals (Sec. 51.207, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $50; | 
      
      
        | 
           
			 | 
                     (3)  additional fee if the motion under Subdivision (2)  | 
      
      
        | 
           
			 | 
        is granted (Sec. 51.207, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                     (4)  motion to file or to extend time to file record on  | 
      
      
        | 
           
			 | 
        appeal from district or county court (Sec. 51.207, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $10; | 
      
      
        | 
           
			 | 
                     (5)  administering an oath and giving a sealed  | 
      
      
        | 
           
			 | 
        certificate of oath (Sec. 51.207, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (6)  certified copy of papers of record in court  | 
      
      
        | 
           
			 | 
        offices, including certificate and seal (Sec. 51.207, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $5, or $1 per page if more than five pages; | 
      
      
        | 
           
			 | 
                     (7)  comparing any document with the original filed in  | 
      
      
        | 
           
			 | 
        the offices of the court for purposes of certification (Sec.  | 
      
      
        | 
           
			 | 
        51.207, Government Code) . . . $5, or $1 per page if more than five  | 
      
      
        | 
           
			 | 
        pages; | 
      
      
        | 
           
			 | 
                     (8)  any official service performed by the clerk for  | 
      
      
        | 
           
			 | 
        which a fee is not otherwise provided (Sec. 51.207, Government  | 
      
      
        | 
           
			 | 
        Code) . . . a reasonable fee set by the order or rule of the supreme  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                     (8-a)  supreme court support account filing fee (Sec.  | 
      
      
        | 
           
			 | 
        51.208, Government Code) . . . amount set by the supreme court, not  | 
      
      
        | 
           
			 | 
        to exceed $50; | 
      
      
        | 
           
			 | 
                     (9)  additional filing fee to fund civil legal services  | 
      
      
        | 
           
			 | 
        for the indigent (Sec. 51.941, Government Code) . . . $25; and | 
      
      
        | 
           
			 | 
                     (10)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               SECTION 8.103.  (a)  Section 101.0611, Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2013, is amended to conform to  | 
      
      
        | 
           
			 | 
        Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, and is further amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a district court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees for: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  when administering a case for the Rockwall County  | 
      
      
        | 
           
			 | 
        Court at Law (Sec. 25.2012, Government Code) . . . civil fees and  | 
      
      
        | 
           
			 | 
        court costs as if the case had been filed in district court; | 
      
      
        | 
           
			 | 
                     (3)  additional filing fees: | 
      
      
        | 
           
			 | 
                           (A)  for each suit filed for insurance contingency  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec. 51.302,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; [and] | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; | 
      
      
        | 
           
			 | 
                           (G)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; and | 
      
      
        | 
           
			 | 
                           (H)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Cameron County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; | 
      
      
        | 
           
			 | 
                     (4)  for filing a suit, including an appeal from an  | 
      
      
        | 
           
			 | 
        inferior court: | 
      
      
        | 
           
			 | 
                           (A)  for a suit with 10 or fewer plaintiffs (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                           (B)  for a suit with at least 11 but not more than  | 
      
      
        | 
           
			 | 
        25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                           (C)  for a suit with at least 26 but not more than  | 
      
      
        | 
           
			 | 
        100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                           (D)  for a suit with at least 101 but not more than  | 
      
      
        | 
           
			 | 
        500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
      
        | 
           
			 | 
                           (E)  for a suit with at least 501 but not more than  | 
      
      
        | 
           
			 | 
        1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
      
        | 
           
			 | 
                           (F)  for a suit with more than 1,000 plaintiffs  | 
      
      
        | 
           
			 | 
        (Sec. 51.317, Government Code) . . . $200; | 
      
      
        | 
           
			 | 
                     (5)  for filing a cross-action, counterclaim,  | 
      
      
        | 
           
			 | 
        intervention, contempt action, motion for new trial, or third-party  | 
      
      
        | 
           
			 | 
        petition (Sec. 51.317, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (6)  for issuing a citation or other writ or process not  | 
      
      
        | 
           
			 | 
        otherwise provided for, including one copy, when requested at the  | 
      
      
        | 
           
			 | 
        time a suit or action is filed (Sec. 51.317, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $8; | 
      
      
        | 
           
			 | 
                     (7)  for records management and preservation (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (7-a)  for district court records archiving, if adopted  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 51.317(b)(5), Government  | 
      
      
        | 
           
			 | 
        Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                     (8)  for issuing a subpoena, including one copy (Sec.  | 
      
      
        | 
           
			 | 
        51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (9)  for issuing a citation, commission for deposition,  | 
      
      
        | 
           
			 | 
        writ of execution, order of sale, writ of execution and order of  | 
      
      
        | 
           
			 | 
        sale, writ of injunction, writ of garnishment, writ of attachment,  | 
      
      
        | 
           
			 | 
        or writ of sequestration not provided for in Section 51.317, or any  | 
      
      
        | 
           
			 | 
        other writ or process not otherwise provided for, including one  | 
      
      
        | 
           
			 | 
        copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (10)  for searching files or records to locate a cause  | 
      
      
        | 
           
			 | 
        when the docket number is not provided (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (11)  for searching files or records to ascertain the  | 
      
      
        | 
           
			 | 
        existence of an instrument or record in the district clerk's office  | 
      
      
        | 
           
			 | 
        (Sec. 51.318, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (12)  for abstracting a judgment (Sec. 51.318,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (13)  for approving a bond (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $4; | 
      
      
        | 
           
			 | 
                     (14)  for a certified copy of a record, judgment,  | 
      
      
        | 
           
			 | 
        order, pleading, or paper on file or of record in the district  | 
      
      
        | 
           
			 | 
        clerk's office, including certificate and seal, for each page or  | 
      
      
        | 
           
			 | 
        part of a page (Sec. 51.318, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                     (15)  for a noncertified copy, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
      
        | 
           
			 | 
                     (16)  fee for performing a service: | 
      
      
        | 
           
			 | 
                           (A)  related to the matter of the estate of a  | 
      
      
        | 
           
			 | 
        deceased person (Sec. 51.319, Government Code) . . . the same fee  | 
      
      
        | 
           
			 | 
        allowed the county clerk for those services; | 
      
      
        | 
           
			 | 
                           (B)  related to the matter of a minor (Sec.  | 
      
      
        | 
           
			 | 
        51.319, Government Code) . . . the same fee allowed the county  | 
      
      
        | 
           
			 | 
        clerk for the service; | 
      
      
        | 
           
			 | 
                           (C)  of serving process by certified or registered  | 
      
      
        | 
           
			 | 
        mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or  | 
      
      
        | 
           
			 | 
        constable is authorized to charge for the service under Section  | 
      
      
        | 
           
			 | 
        118.131, Local Government Code; [and] | 
      
      
        | 
           
			 | 
                           (D)  prescribed or authorized by law but for which  | 
      
      
        | 
           
			 | 
        no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (E)  related to a matter filed in a statutory  | 
      
      
        | 
           
			 | 
        county court (Sec. 51.319, Government Code) . . . the same fees  | 
      
      
        | 
           
			 | 
        allowed the district clerk for those services in the district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                     (17)  jury fee (Sec. 51.604, Government Code) . . . $40  | 
      
      
        | 
           
			 | 
        [$30]; | 
      
      
        | 
           
			 | 
                     (18)  additional filing fee for family protection on  | 
      
      
        | 
           
			 | 
        filing a suit for dissolution of a marriage under Chapter 6, Family  | 
      
      
        | 
           
			 | 
        Code (Sec. 51.961, Government Code) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                     (19)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (20)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               (b)  Section 101.0611, Government Code, as amended by  | 
      
      
        | 
           
			 | 
        Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2013, effective September 1, 2019, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, and is further  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a district court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees for: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  when administering a case for the Rockwall County  | 
      
      
        | 
           
			 | 
        Court at Law (Sec. 25.2012, Government Code) . . . civil fees and  | 
      
      
        | 
           
			 | 
        court costs as if the case had been filed in district court; | 
      
      
        | 
           
			 | 
                     (3)  additional filing fees: | 
      
      
        | 
           
			 | 
                           (A)  for each suit filed for insurance contingency  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec. 51.302,  | 
      
      
        | 
           
			 | 
        Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; [and] | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; | 
      
      
        | 
           
			 | 
                           (G)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; and | 
      
      
        | 
           
			 | 
                           (H)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Cameron County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; | 
      
      
        | 
           
			 | 
                     (4)  for filing a suit, including an appeal from an  | 
      
      
        | 
           
			 | 
        inferior court: | 
      
      
        | 
           
			 | 
                           (A)  for a suit with 10 or fewer plaintiffs (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $50; | 
      
      
        | 
           
			 | 
                           (B)  for a suit with at least 11 but not more than  | 
      
      
        | 
           
			 | 
        25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
      
        | 
           
			 | 
                           (C)  for a suit with at least 26 but not more than  | 
      
      
        | 
           
			 | 
        100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                           (D)  for a suit with at least 101 but not more than  | 
      
      
        | 
           
			 | 
        500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
      
        | 
           
			 | 
                           (E)  for a suit with at least 501 but not more than  | 
      
      
        | 
           
			 | 
        1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
      
        | 
           
			 | 
                           (F)  for a suit with more than 1,000 plaintiffs  | 
      
      
        | 
           
			 | 
        (Sec. 51.317, Government Code) . . . $200; | 
      
      
        | 
           
			 | 
                     (5)  for filing a cross-action, counterclaim,  | 
      
      
        | 
           
			 | 
        intervention, contempt action, motion for new trial, or third-party  | 
      
      
        | 
           
			 | 
        petition (Sec. 51.317, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (6)  for issuing a citation or other writ or process not  | 
      
      
        | 
           
			 | 
        otherwise provided for, including one copy, when requested at the  | 
      
      
        | 
           
			 | 
        time a suit or action is filed (Sec. 51.317, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $8; | 
      
      
        | 
           
			 | 
                     (7)  for records management and preservation (Sec.  | 
      
      
        | 
           
			 | 
        51.317, Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (7-a)  for district court records archiving, if adopted  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 51.317(b)(5), Government  | 
      
      
        | 
           
			 | 
        Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (8)  for issuing a subpoena, including one copy (Sec.  | 
      
      
        | 
           
			 | 
        51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (9)  for issuing a citation, commission for deposition,  | 
      
      
        | 
           
			 | 
        writ of execution, order of sale, writ of execution and order of  | 
      
      
        | 
           
			 | 
        sale, writ of injunction, writ of garnishment, writ of attachment,  | 
      
      
        | 
           
			 | 
        or writ of sequestration not provided for in Section 51.317, or any  | 
      
      
        | 
           
			 | 
        other writ or process not otherwise provided for, including one  | 
      
      
        | 
           
			 | 
        copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (10)  for searching files or records to locate a cause  | 
      
      
        | 
           
			 | 
        when the docket number is not provided (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (11)  for searching files or records to ascertain the  | 
      
      
        | 
           
			 | 
        existence of an instrument or record in the district clerk's office  | 
      
      
        | 
           
			 | 
        (Sec. 51.318, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (12)  for abstracting a judgment (Sec. 51.318,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $8; | 
      
      
        | 
           
			 | 
                     (13)  for approving a bond (Sec. 51.318, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $4; | 
      
      
        | 
           
			 | 
                     (14)  for a certified copy of a record, judgment,  | 
      
      
        | 
           
			 | 
        order, pleading, or paper on file or of record in the district  | 
      
      
        | 
           
			 | 
        clerk's office, including certificate and seal, for each page or  | 
      
      
        | 
           
			 | 
        part of a page (Sec. 51.318, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                     (15)  for a noncertified copy, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
      
        | 
           
			 | 
                     (16)  fee for performing a service: | 
      
      
        | 
           
			 | 
                           (A)  related to the matter of the estate of a  | 
      
      
        | 
           
			 | 
        deceased person (Sec. 51.319, Government Code) . . . the same fee  | 
      
      
        | 
           
			 | 
        allowed the county clerk for those services; | 
      
      
        | 
           
			 | 
                           (B)  related to the matter of a minor (Sec.  | 
      
      
        | 
           
			 | 
        51.319, Government Code) . . . the same fee allowed the county  | 
      
      
        | 
           
			 | 
        clerk for the service; | 
      
      
        | 
           
			 | 
                           (C)  of serving process by certified or registered  | 
      
      
        | 
           
			 | 
        mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or  | 
      
      
        | 
           
			 | 
        constable is authorized to charge for the service under Section  | 
      
      
        | 
           
			 | 
        118.131, Local Government Code; [and] | 
      
      
        | 
           
			 | 
                           (D)  prescribed or authorized by law but for which  | 
      
      
        | 
           
			 | 
        no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (E)  related to a matter filed in a statutory  | 
      
      
        | 
           
			 | 
        county court (Sec. 51.319, Government Code) . . . the same fees  | 
      
      
        | 
           
			 | 
        allowed the district clerk for those services in the district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                     (17)  jury fee (Sec. 51.604, Government Code) . . . $40  | 
      
      
        | 
           
			 | 
        [$30]; | 
      
      
        | 
           
			 | 
                     (18)  additional filing fee for family protection on  | 
      
      
        | 
           
			 | 
        filing a suit for dissolution of a marriage under Chapter 6, Family  | 
      
      
        | 
           
			 | 
        Code (Sec. 51.961, Government Code) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                     (19)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (20)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               (c)  Section 101.061192, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.104.  Section 101.0616, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0616.  DISTRICT COURT FEES AND COSTS:  ESTATES  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a district court shall collect fees and costs  | 
      
      
        | 
           
			 | 
        under the Estates Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the personal representative of an estate, an application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition in relation to the estate, if required by  | 
      
      
        | 
           
			 | 
        the clerk (Sec. 53.052, Estates Code) . . . probable cost of the  | 
      
      
        | 
           
			 | 
        proceeding; | 
      
      
        | 
           
			 | 
                     (2)  [fee on filing an application, complaint, 
         | 
      
      
        | 
           
			 | 
        
          petition, or other paper in a guardianship proceeding, which 
         | 
      
      
        | 
           
			 | 
        
          includes a deposit for payment to an attorney ad litem (Sec. 
         | 
      
      
        | 
           
			 | 
        
          1052.051, Estates Code) .
           
          .
           
          . cost of filing and payment of 
         | 
      
      
        | 
           
			 | 
        
          attorney ad litem;
         | 
      
      
        | 
           
			 | 
                     [(3)]  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the guardian, attorney ad litem, or guardian ad litem, an  | 
      
      
        | 
           
			 | 
        application, complaint, or opposition in relation to a guardianship  | 
      
      
        | 
           
			 | 
        matter, if required by the clerk (Sec. 1053.052, Estates Code)  | 
      
      
        | 
           
			 | 
        . . . probable cost of the guardianship proceeding; | 
      
      
        | 
           
			 | 
                     (3) [(4)]  nonrefundable fee to cover the cost of  | 
      
      
        | 
           
			 | 
        administering Subchapter G, Chapter 1104, Estates Code (Sec.  | 
      
      
        | 
           
			 | 
        1104.303, Estates Code) . . . $40; and | 
      
      
        | 
           
			 | 
                     (4) [(5)]  costs for attorney ad litem appointed to  | 
      
      
        | 
           
			 | 
        pursue the restoration of a ward's capacity or modification of the  | 
      
      
        | 
           
			 | 
        ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable  | 
      
      
        | 
           
			 | 
        compensation. | 
      
      
        | 
           
			 | 
               SECTION 8.105.  (a)  Section 101.0811, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, and is further  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory county court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  an official court reporter fee, County Court at  | 
      
      
        | 
           
			 | 
        Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (3)  in Brazoria County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, fees (Sec. 25.0222,  | 
      
      
        | 
           
			 | 
        Government Code) . . . as prescribed by law for district judges  | 
      
      
        | 
           
			 | 
        according to the nature of the matter; | 
      
      
        | 
           
			 | 
                     (4)  a court reporter fee when testimony is taken in a  | 
      
      
        | 
           
			 | 
        county court at law in McLennan County (Sec. 25.1572, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (5)  a stenographer fee, if a record or part of a record  | 
      
      
        | 
           
			 | 
        is made: | 
      
      
        | 
           
			 | 
                           (A)  in a county court at law in Hidalgo County  | 
      
      
        | 
           
			 | 
        (Sec. 25.1102, Government Code) . . . $20; and | 
      
      
        | 
           
			 | 
                           (B)  in the 1st Multicounty Court at Law (Sec.  | 
      
      
        | 
           
			 | 
        25.2702, Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                     (6)  jury fee (Sec. 51.604, Government Code) . . . $40  | 
      
      
        | 
           
			 | 
        [$22]; | 
      
      
        | 
           
			 | 
                     (7)  an additional filing fee: | 
      
      
        | 
           
			 | 
                           (A)  for each civil case filed to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.702, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the preservation of court records  | 
      
      
        | 
           
			 | 
        (Sec. 51.708, Government Code) . . . not more than $10; | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; [and] | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; | 
      
      
        | 
           
			 | 
                           (G)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; and | 
      
      
        | 
           
			 | 
                           (H)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Cameron County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; | 
      
      
        | 
           
			 | 
                     (8)  the official court reporter's fee taxed as costs in  | 
      
      
        | 
           
			 | 
        civil actions in a statutory county court: | 
      
      
        | 
           
			 | 
                           (A)  in Bexar County Courts at Law Nos. 3, 4, 5, 6,  | 
      
      
        | 
           
			 | 
        7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code)  | 
      
      
        | 
           
			 | 
        . . . taxed in the same manner as the fee is taxed in district  | 
      
      
        | 
           
			 | 
        court; | 
      
      
        | 
           
			 | 
                           (B)  in Galveston County (Sec. 25.0862,  | 
      
      
        | 
           
			 | 
        Government Code) . . . taxed in the same manner as the fee is taxed  | 
      
      
        | 
           
			 | 
        in civil cases in the district courts; [and] | 
      
      
        | 
           
			 | 
                           (C)  in Harris County (Sec. 25.1032, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in civil  | 
      
      
        | 
           
			 | 
        cases in the district courts; and | 
      
      
        | 
           
			 | 
                           (D)  in Parker County (Sec. 25.1862, Government  | 
      
      
        | 
           
			 | 
        Code) . . . taxed in the same manner as the fee is taxed in civil  | 
      
      
        | 
           
			 | 
        cases in the district courts; | 
      
      
        | 
           
			 | 
                     (9)  in Nueces County, in matters of concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court, with certain exceptions, fees  | 
      
      
        | 
           
			 | 
        (Sec. 25.1802, Government Code) . . . equal to those in district  | 
      
      
        | 
           
			 | 
        court cases; | 
      
      
        | 
           
			 | 
                     (10)  a fee not otherwise listed in this subchapter  | 
      
      
        | 
           
			 | 
        that is required to be collected under Section 25.0008, Government  | 
      
      
        | 
           
			 | 
        Code, in a county other than Brazos, Cameron, Ellis, Guadalupe,  | 
      
      
        | 
           
			 | 
        Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr,  | 
      
      
        | 
           
			 | 
        Victoria, and Williamson . . . as prescribed by law relating to  | 
      
      
        | 
           
			 | 
        county judges' fees; | 
      
      
        | 
           
			 | 
                     (11)  at a hearing held by an associate judge appointed  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 54A, Government Code, a court cost to  | 
      
      
        | 
           
			 | 
        preserve the record, in the absence of a court reporter, by any  | 
      
      
        | 
           
			 | 
        means approved by the associate judge (Sec. 54A.110, Government  | 
      
      
        | 
           
			 | 
        Code) . . . as assessed by the referring court or associate judge;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (12)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               (b)  Section 101.081191, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.106.  Section 101.0814, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        LOCAL GOVERNMENT CODE.  The clerk of a statutory county court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Local Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  additional filing fee to fund contingency fund for  | 
      
      
        | 
           
			 | 
        liability insurance, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (2)  civil court actions (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code): | 
      
      
        | 
           
			 | 
                           (A)  filing of original action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.053, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  garnishment after judgment (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $15; and | 
      
      
        | 
           
			 | 
                                 (ii)  all others (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  filing of action other than original (Secs.  | 
      
      
        | 
           
			 | 
        118.052 and 118.054, Local Government Code) . . . $30; and | 
      
      
        | 
           
			 | 
                           (C)  services rendered after judgment in original  | 
      
      
        | 
           
			 | 
        action (Secs. 118.052 and 118.0545, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  abstract of judgment (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                                 (ii)  execution, order of sale, writ, or  | 
      
      
        | 
           
			 | 
        other process (Sec. 118.052, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (3)  probate court actions (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code): | 
      
      
        | 
           
			 | 
                           (A)  probate original action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.055, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  probate of a will with independent  | 
      
      
        | 
           
			 | 
        executor, administration with will attached, administration of an  | 
      
      
        | 
           
			 | 
        estate, guardianship or receivership of an estate, or muniment of  | 
      
      
        | 
           
			 | 
        title (Sec. 118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (ii)  community survivors (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iii)  small estates (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iv)  declarations of heirship (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (v)  mental health or chemical dependency  | 
      
      
        | 
           
			 | 
        services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
      
        | 
           
			 | 
                                 (vi)  additional, special fee (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 118.064, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (B)  services in pending probate action (Secs.  | 
      
      
        | 
           
			 | 
        118.052 and 118.056, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  filing an inventory and appraisement  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (ii)  approving and recording bond (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                                 (iii)  administering oath (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                                 (iv)  filing annual or final account of  | 
      
      
        | 
           
			 | 
        estate (Sec. 118.052, Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (v)  filing application for sale of real or  | 
      
      
        | 
           
			 | 
        personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (vi)  filing annual or final report of  | 
      
      
        | 
           
			 | 
        guardian of a person (Sec. 118.052, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $10; and | 
      
      
        | 
           
			 | 
                                 (vii)  filing a document not listed under  | 
      
      
        | 
           
			 | 
        this paragraph after the filing of an order approving the inventory  | 
      
      
        | 
           
			 | 
        and appraisement or after the 120th day after the date of the  | 
      
      
        | 
           
			 | 
        initial filing of the action, whichever occurs first (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 191.007, Local Government Code), if more than 25 pages . . .  | 
      
      
        | 
           
			 | 
        $25; | 
      
      
        | 
           
			 | 
                           (C)  adverse probate action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.057, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (D)  claim against estate (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.058, Local Government Code) . . . $10 [$2]; | 
      
      
        | 
           
			 | 
                           (E)  supplemental court-initiated guardianship  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (F)  supplemental public probate administrator  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (4)  other fees (Sec. 118.052, Local Government Code): | 
      
      
        | 
           
			 | 
                           (A)  issuing document (Secs. 118.052 and 118.059,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  original document and one copy (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $4; and | 
      
      
        | 
           
			 | 
                                 (ii)  each additional set of an original and  | 
      
      
        | 
           
			 | 
        one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
      
        | 
           
			 | 
                           (B)  certified papers (Secs. 118.052 and 118.060,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  for the clerk's certificate (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                                 (ii)  a fee per page or part of a page (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $1; | 
      
      
        | 
           
			 | 
                           (C)  noncertified papers, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Secs. 118.052 and 118.0605, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                           (D)  letters testamentary, letter of  | 
      
      
        | 
           
			 | 
        guardianship, letter of administration, or abstract of judgment  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                           (E)  safekeeping of wills (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.062, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  mail service of process (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.063, Local Government Code) . . . same as sheriff; and | 
      
      
        | 
           
			 | 
                           (G)  records management and preservation fee  | 
      
      
        | 
           
			 | 
        (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)  | 
      
      
        | 
           
			 | 
        . . . $5; | 
      
      
        | 
           
			 | 
                     (5)  additional filing fee for filing any civil action  | 
      
      
        | 
           
			 | 
        or proceeding requiring a filing fee, including an appeal, and on  | 
      
      
        | 
           
			 | 
        the filing of any counterclaim, cross-action, intervention,  | 
      
      
        | 
           
			 | 
        interpleader, or third-party action requiring a filing fee, to fund  | 
      
      
        | 
           
			 | 
        civil legal services for the indigent (Sec. 133.153, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (6)  on the filing of a civil suit, an additional filing  | 
      
      
        | 
           
			 | 
        fee to be used for court-related purposes for the support of the  | 
      
      
        | 
           
			 | 
        judiciary (Sec. 133.154, Local Government Code) . . . $42; | 
      
      
        | 
           
			 | 
                     (7)  additional filing fee to fund the courthouse  | 
      
      
        | 
           
			 | 
        security fund, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 291.008, Local Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (8)  additional filing fee for filing documents not  | 
      
      
        | 
           
			 | 
        subject to certain filing fees to fund the courthouse security  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        291.008, Local Government Code) . . . $1; | 
      
      
        | 
           
			 | 
                     (9)  additional filing fee to fund the courthouse  | 
      
      
        | 
           
			 | 
        security fund in Webb County, if authorized by the county  | 
      
      
        | 
           
			 | 
        commissioners court (Sec. 291.009, Local Government Code) . . . not  | 
      
      
        | 
           
			 | 
        to exceed $20; and | 
      
      
        | 
           
			 | 
                     (10)  court cost in civil cases other than suits for  | 
      
      
        | 
           
			 | 
        delinquent taxes to fund the county law library fund, if authorized  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 323.023, Local Government  | 
      
      
        | 
           
			 | 
        Code) . . . not to exceed $35. | 
      
      
        | 
           
			 | 
               SECTION 8.107.  Section 101.0815, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.0815.  STATUTORY COUNTY COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        ESTATES CODE.  The clerk of a statutory county court shall collect  | 
      
      
        | 
           
			 | 
        fees and costs under the Estates Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  fee for deposit of a will with the county clerk  | 
      
      
        | 
           
			 | 
        during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (2)  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the personal representative of an estate, an application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition in relation to the estate, if required by  | 
      
      
        | 
           
			 | 
        the clerk (Sec. 53.052, Estates Code) . . . probable cost of the  | 
      
      
        | 
           
			 | 
        proceeding; | 
      
      
        | 
           
			 | 
                     (3)  [fee on filing an application, complaint, 
         | 
      
      
        | 
           
			 | 
        
          petition, or other paper in a guardianship proceeding, which 
         | 
      
      
        | 
           
			 | 
        
          includes a deposit for payment to an attorney ad litem (Sec. 
         | 
      
      
        | 
           
			 | 
        
          1052.051, Estates Code) .
           
          .
           
          . cost of filing and payment of 
         | 
      
      
        | 
           
			 | 
        
          attorney ad litem;
         | 
      
      
        | 
           
			 | 
                     [(4)]  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the guardian, attorney ad litem, or guardian ad litem, an  | 
      
      
        | 
           
			 | 
        application, complaint, or opposition in relation to a guardianship  | 
      
      
        | 
           
			 | 
        matter, if required by the clerk (Sec. 1053.052, Estates Code)  | 
      
      
        | 
           
			 | 
        . . . probable cost of the guardianship proceeding; | 
      
      
        | 
           
			 | 
                     (4) [(5)]  nonrefundable fee to cover the cost of  | 
      
      
        | 
           
			 | 
        administering Subchapter G, Chapter 1104, Estates Code (Sec.  | 
      
      
        | 
           
			 | 
        1104.303, Estates Code) . . . $40; and | 
      
      
        | 
           
			 | 
                     (5) [(6)]  costs for attorney ad litem appointed to  | 
      
      
        | 
           
			 | 
        pursue the restoration of a ward's capacity or modification of the  | 
      
      
        | 
           
			 | 
        ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable  | 
      
      
        | 
           
			 | 
        compensation. | 
      
      
        | 
           
			 | 
               SECTION 8.108.  (a)  Section 101.1011, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, and is further  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a statutory probate court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  additional filing fees as follows: | 
      
      
        | 
           
			 | 
                           (A)  for certain cases to be used for  | 
      
      
        | 
           
			 | 
        court-related purposes for support of the judiciary (Sec. 51.704,  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  to fund the improvement of Dallas County  | 
      
      
        | 
           
			 | 
        civil court facilities, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (B-1)  to fund the improvement of Bexar County  | 
      
      
        | 
           
			 | 
        court facilities, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 51.706, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (C)  to fund the improvement of Hays County court  | 
      
      
        | 
           
			 | 
        facilities, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        51.707, Government Code) . . . not more than $15; | 
      
      
        | 
           
			 | 
                           (D)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Rockwall County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.709, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $15; [and] | 
      
      
        | 
           
			 | 
                           (E)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Travis County court facilities, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.710, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $15; and | 
      
      
        | 
           
			 | 
                           (F)  to fund the construction, renovation, or  | 
      
      
        | 
           
			 | 
        improvement of Hidalgo County court facilities, if authorized by  | 
      
      
        | 
           
			 | 
        the county commissioners court (Sec. 51.711, Government Code) . . .  | 
      
      
        | 
           
			 | 
        not more than $20; | 
      
      
        | 
           
			 | 
                     (3)  jury fee for civil case (Sec. 51.604, Government  | 
      
      
        | 
           
			 | 
        Code) . . . $40 [$22]; | 
      
      
        | 
           
			 | 
                     (4)  the expense of preserving the record as a court  | 
      
      
        | 
           
			 | 
        cost, if imposed on a party by the referring court or associate  | 
      
      
        | 
           
			 | 
        judge (Sec. 54A.211, Government Code) . . . actual cost; | 
      
      
        | 
           
			 | 
                     (5)  a fee not otherwise listed in this subchapter that  | 
      
      
        | 
           
			 | 
        is required to be collected under Section 25.0029, Government Code  | 
      
      
        | 
           
			 | 
        (Sec. 25.0029, Government Code) . . . as prescribed by law relating  | 
      
      
        | 
           
			 | 
        to county judges' fees; and | 
      
      
        | 
           
			 | 
                     (6)  statewide electronic filing system fund fee (Sec.  | 
      
      
        | 
           
			 | 
        51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               (b)  Section 101.10119, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.109.  Section 101.1013, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        LOCAL GOVERNMENT CODE.  The clerk of a statutory probate court shall  | 
      
      
        | 
           
			 | 
        collect fees and costs under the Local Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  additional filing fee for filing any civil action  | 
      
      
        | 
           
			 | 
        or proceeding requiring a filing fee, including an appeal, and on  | 
      
      
        | 
           
			 | 
        the filing of any counterclaim, cross-action, intervention,  | 
      
      
        | 
           
			 | 
        interpleader, or third-party action requiring a filing fee to fund  | 
      
      
        | 
           
			 | 
        civil legal services for the indigent (Sec. 133.153, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (2)  additional filing fee to fund contingency fund for  | 
      
      
        | 
           
			 | 
        liability insurance, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (3)  probate court actions (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code): | 
      
      
        | 
           
			 | 
                           (A)  probate original action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.055, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  probate of a will with independent  | 
      
      
        | 
           
			 | 
        executor, administration with will attached, administration of an  | 
      
      
        | 
           
			 | 
        estate, guardianship or receivership of an estate, or muniment of  | 
      
      
        | 
           
			 | 
        title (Sec. 118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (ii)  community survivors (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iii)  small estates (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iv)  declarations of heirship (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (v)  mental health or chemical dependency  | 
      
      
        | 
           
			 | 
        services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
      
        | 
           
			 | 
                                 (vi)  additional, special fee (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 118.064, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (B)  services in pending probate action (Secs.  | 
      
      
        | 
           
			 | 
        118.052 and 118.056, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  filing an inventory and appraisement  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (ii)  approving and recording bond (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                                 (iii)  administering oath (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                                 (iv)  filing annual or final account of  | 
      
      
        | 
           
			 | 
        estate (Sec. 118.052, Local Government Code). . . $25; | 
      
      
        | 
           
			 | 
                                 (v)  filing application for sale of real or  | 
      
      
        | 
           
			 | 
        personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (vi)  filing annual or final report of  | 
      
      
        | 
           
			 | 
        guardian of a person (Sec. 118.052, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $10; and | 
      
      
        | 
           
			 | 
                                 (vii)  filing a document not listed under  | 
      
      
        | 
           
			 | 
        this paragraph after the filing of an order approving the inventory  | 
      
      
        | 
           
			 | 
        and appraisement or after the 120th day after the date of the  | 
      
      
        | 
           
			 | 
        initial filing of the action, whichever occurs first (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 191.007, Local Government Code), if more than 25 pages . . .  | 
      
      
        | 
           
			 | 
        $25; | 
      
      
        | 
           
			 | 
                           (C)  adverse probate action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.057, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (D)  claim against estate (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.058, Local Government Code) . . . $10 [$2]; | 
      
      
        | 
           
			 | 
                           (E)  supplemental court-initiated guardianship  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (F)  supplemental public probate administrator  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (4)  other fees (Sec. 118.052, Local Government Code): | 
      
      
        | 
           
			 | 
                           (A)  issuing document (Secs. 118.052 and 118.059,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  original document and one copy (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $4; and | 
      
      
        | 
           
			 | 
                                 (ii)  each additional set of an original and  | 
      
      
        | 
           
			 | 
        one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
      
        | 
           
			 | 
                           (B)  certified papers (Secs. 118.052 and 118.060,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  for the clerk's certificate (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                                 (ii)  a fee per page or part of a page (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $1; | 
      
      
        | 
           
			 | 
                           (C)  noncertified papers, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Secs. 118.052 and 118.0605, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                           (D)  letters testamentary, letter of  | 
      
      
        | 
           
			 | 
        guardianship, letter of administration, or abstract of judgment  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                           (E)  safekeeping of wills (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.062, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  mail service of process (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.063, Local Government Code) . . . same as sheriff; and | 
      
      
        | 
           
			 | 
                           (G)  records management and preservation fee  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                     (5)  court cost in civil cases other than suits for  | 
      
      
        | 
           
			 | 
        delinquent taxes to fund the county law library fund, if authorized  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 323.023, Local Government  | 
      
      
        | 
           
			 | 
        Code) . . . not to exceed $35. | 
      
      
        | 
           
			 | 
               SECTION 8.110.  Section 101.1014, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1014.  STATUTORY PROBATE COURT FEES AND COSTS:   | 
      
      
        | 
           
			 | 
        ESTATES CODE.  The clerk of a statutory probate court shall collect  | 
      
      
        | 
           
			 | 
        fees and costs under the Estates Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  fee for deposit of a will with the county clerk  | 
      
      
        | 
           
			 | 
        during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (2)  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the personal representative of an estate, an application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition in relation to the estate, if required by  | 
      
      
        | 
           
			 | 
        the clerk (Sec. 53.052, Estates Code) . . . probable cost of the  | 
      
      
        | 
           
			 | 
        proceeding; | 
      
      
        | 
           
			 | 
                     (3)  [fee on filing an application, complaint, 
         | 
      
      
        | 
           
			 | 
        
          petition, or other paper in a guardianship proceeding, which 
         | 
      
      
        | 
           
			 | 
        
          includes a deposit for payment to an attorney ad litem (Sec. 
         | 
      
      
        | 
           
			 | 
        
          1052.051, Estates Code) .
           
          .
           
          . cost of filing and payment of 
         | 
      
      
        | 
           
			 | 
        
          attorney ad litem;
         | 
      
      
        | 
           
			 | 
                     [(4)]  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the guardian, attorney ad litem, or guardian ad litem, an  | 
      
      
        | 
           
			 | 
        application, complaint, or opposition in relation to a guardianship  | 
      
      
        | 
           
			 | 
        matter, if required by the clerk (Sec. 1053.052, Estates Code)  | 
      
      
        | 
           
			 | 
        . . . probable cost of the guardianship proceeding; | 
      
      
        | 
           
			 | 
                     (4) [(5)]  nonrefundable fee to cover the cost of  | 
      
      
        | 
           
			 | 
        administering Subchapter G, Chapter 1104, Estates Code (Sec.  | 
      
      
        | 
           
			 | 
        1104.303, Estates Code) . . . $40; and | 
      
      
        | 
           
			 | 
                     (5) [(6)]  costs for attorney ad litem appointed to  | 
      
      
        | 
           
			 | 
        pursue the restoration of a ward's capacity or modification of the  | 
      
      
        | 
           
			 | 
        ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable  | 
      
      
        | 
           
			 | 
        compensation. | 
      
      
        | 
           
			 | 
               SECTION 8.111.  Section 101.121, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 763 (S.B. 1035), Acts of the 83rd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2013, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.121.  COUNTY COURT FEES AND COSTS:  ALCOHOLIC  | 
      
      
        | 
           
			 | 
        BEVERAGE CODE.  The clerk of a county court shall collect a fee of  | 
      
      
        | 
           
			 | 
        $25 [$5] under Section 61.31, Alcoholic Beverage Code, for hearing  | 
      
      
        | 
           
			 | 
        on application for a license to manufacture, distribute, store, or  | 
      
      
        | 
           
			 | 
        sell beer. | 
      
      
        | 
           
			 | 
               SECTION 8.112.  Section 101.1212, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT  | 
      
      
        | 
           
			 | 
        CODE.  The clerk of a county court shall collect the following fees  | 
      
      
        | 
           
			 | 
        and costs under the Government Code: | 
      
      
        | 
           
			 | 
                     (1)  appellate judicial system filing fees: | 
      
      
        | 
           
			 | 
                           (A)  First or Fourteenth Court of Appeals District  | 
      
      
        | 
           
			 | 
        (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (B)  Second Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2031, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (C)  Third Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2041, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (D)  Fourth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2051, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E)  Fifth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2061, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                           (E-1)  Sixth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2071, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-2)  Seventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2081, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (E-3)  Eighth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2091, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  Ninth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2101, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G)  Eleventh Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2121, Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (G-1)  Twelfth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2131, Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                           (H)  Thirteenth Court of Appeals District (Sec.  | 
      
      
        | 
           
			 | 
        22.2141, Government Code) . . . not more than $5; | 
      
      
        | 
           
			 | 
                     (2)  a jury fee (Sec. 51.604, Government Code) . . .  | 
      
      
        | 
           
			 | 
        $40 [$22]; | 
      
      
        | 
           
			 | 
                     (3)  a filing fee in each civil case filed to be used  | 
      
      
        | 
           
			 | 
        for court-related purposes for the support of the judiciary (Sec.  | 
      
      
        | 
           
			 | 
        51.703, Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                     (4)  a filing fee to fund the preservation of court  | 
      
      
        | 
           
			 | 
        records (Sec. 51.708, Government Code) . . . not more than $10; and | 
      
      
        | 
           
			 | 
                     (5)  a statewide electronic filing system fund fee  | 
      
      
        | 
           
			 | 
        (Sec. 51.851, Government Code) . . . $30 [$20]. | 
      
      
        | 
           
			 | 
               SECTION 8.113.  Section 101.1214, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1214.  COUNTY COURT FEES AND COSTS:  LOCAL  | 
      
      
        | 
           
			 | 
        GOVERNMENT CODE.  The clerk of a county court shall collect the  | 
      
      
        | 
           
			 | 
        following fees and costs under the Local Government Code: | 
      
      
        | 
           
			 | 
                     (1)  additional filing fee to fund contingency fund for  | 
      
      
        | 
           
			 | 
        liability insurance, if authorized by the county commissioners  | 
      
      
        | 
           
			 | 
        court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (2)  civil court actions (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code): | 
      
      
        | 
           
			 | 
                           (A)  filing of original action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.053, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  garnishment after judgment (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $15; and | 
      
      
        | 
           
			 | 
                                 (ii)  all others (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (B)  filing of action other than original (Secs.  | 
      
      
        | 
           
			 | 
        118.052 and 118.054, Local Government Code) . . . $30; and | 
      
      
        | 
           
			 | 
                           (C)  services rendered after judgment in original  | 
      
      
        | 
           
			 | 
        action (Secs. 118.052 and 118.0545, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  abstract of judgment (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                                 (ii)  execution, order of sale, writ, or  | 
      
      
        | 
           
			 | 
        other process (Sec. 118.052, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (3)  probate court actions (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code): | 
      
      
        | 
           
			 | 
                           (A)  probate original action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.055, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  probate of a will with independent  | 
      
      
        | 
           
			 | 
        executor, administration with will attached, administration of an  | 
      
      
        | 
           
			 | 
        estate, guardianship or receivership of an estate, or muniment of  | 
      
      
        | 
           
			 | 
        title (Sec. 118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (ii)  community survivors (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iii)  small estates (Sec. 118.052, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (iv)  declarations of heirship (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                                 (v)  mental health or chemical dependency  | 
      
      
        | 
           
			 | 
        services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
      
        | 
           
			 | 
                                 (vi)  additional, special fee (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 118.064, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (B)  services in pending probate action (Secs.  | 
      
      
        | 
           
			 | 
        118.052 and 118.056, Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  filing an inventory and appraisement  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (ii)  approving and recording bond (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                                 (iii)  administering oath (Sec. 118.052,  | 
      
      
        | 
           
			 | 
        Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                                 (iv)  filing annual or final account of  | 
      
      
        | 
           
			 | 
        estate (Sec. 118.052, Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (v)  filing application for sale of real or  | 
      
      
        | 
           
			 | 
        personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
      
        | 
           
			 | 
                                 (vi)  filing annual or final report of  | 
      
      
        | 
           
			 | 
        guardian of a person (Sec. 118.052, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $10; and | 
      
      
        | 
           
			 | 
                                 (vii)  filing a document not listed under  | 
      
      
        | 
           
			 | 
        this paragraph after the filing of an order approving the inventory  | 
      
      
        | 
           
			 | 
        and appraisement or after the 120th day after the date of the  | 
      
      
        | 
           
			 | 
        initial filing of the action, whichever occurs first (Secs. 118.052  | 
      
      
        | 
           
			 | 
        and 191.007, Local Government Code), if more than 25 pages . . .  | 
      
      
        | 
           
			 | 
        $25; | 
      
      
        | 
           
			 | 
                           (C)  adverse probate action (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.057, Local Government Code) . . . $40; | 
      
      
        | 
           
			 | 
                           (D)  claim against estate (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.058, Local Government Code) . . . $10 [$2]; | 
      
      
        | 
           
			 | 
                           (E)  supplemental court-initiated guardianship  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (F)  supplemental public probate administrator  | 
      
      
        | 
           
			 | 
        fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
      
        | 
           
			 | 
                     (4)  other fees (Sec. 118.052, Local Government Code): | 
      
      
        | 
           
			 | 
                           (A)  issuing document (Secs. 118.052 and 118.059,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  original document and one copy (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $4; and | 
      
      
        | 
           
			 | 
                                 (ii)  each additional set of an original and  | 
      
      
        | 
           
			 | 
        one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
      
        | 
           
			 | 
                           (B)  certified papers (Secs. 118.052 and 118.060,  | 
      
      
        | 
           
			 | 
        Local Government Code): | 
      
      
        | 
           
			 | 
                                 (i)  for the clerk's certificate (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $5; and | 
      
      
        | 
           
			 | 
                                 (ii)  a fee per page or part of a page (Sec.  | 
      
      
        | 
           
			 | 
        118.052, Local Government Code) . . . $1; | 
      
      
        | 
           
			 | 
                           (C)  noncertified papers, for each page or part of  | 
      
      
        | 
           
			 | 
        a page (Secs. 118.052 and 118.0605, Local Government Code) . . .  | 
      
      
        | 
           
			 | 
        $1; | 
      
      
        | 
           
			 | 
                           (D)  letters testamentary, letter of  | 
      
      
        | 
           
			 | 
        guardianship, letter of administration, or abstract of judgment  | 
      
      
        | 
           
			 | 
        (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
      
        | 
           
			 | 
                           (E)  safekeeping of wills (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.062, Local Government Code) . . . $5; | 
      
      
        | 
           
			 | 
                           (F)  mail service of process (Secs. 118.052 and  | 
      
      
        | 
           
			 | 
        118.063, Local Government Code) . . . same as sheriff; and | 
      
      
        | 
           
			 | 
                           (G)  records management and preservation fee  | 
      
      
        | 
           
			 | 
        (Secs. 118.052, 118.0546, and 118.0645, Local Government Code)  | 
      
      
        | 
           
			 | 
        . . . $5; | 
      
      
        | 
           
			 | 
                     (5)  deposit on filing petition requesting permission  | 
      
      
        | 
           
			 | 
        to create a municipal civic center authority (Sec. 281.013, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $200; | 
      
      
        | 
           
			 | 
                     (6)  additional filing fee to fund the courthouse  | 
      
      
        | 
           
			 | 
        security fund, if authorized by the county commissioners court  | 
      
      
        | 
           
			 | 
        (Sec. 291.008, Local Government Code) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (7)  additional filing fee for filing documents not  | 
      
      
        | 
           
			 | 
        subject to certain filing fees to fund the courthouse security  | 
      
      
        | 
           
			 | 
        fund, if authorized by the county commissioners court (Sec.  | 
      
      
        | 
           
			 | 
        291.008, Local Government Code) . . . $1; | 
      
      
        | 
           
			 | 
                     (8)  additional filing fee to fund the courthouse  | 
      
      
        | 
           
			 | 
        security fund in Webb County, if authorized by the county  | 
      
      
        | 
           
			 | 
        commissioners court (Sec. 291.009, Local Government Code) . . . not  | 
      
      
        | 
           
			 | 
        to exceed $20; | 
      
      
        | 
           
			 | 
                     (9)  court cost in civil cases other than suits for  | 
      
      
        | 
           
			 | 
        delinquent taxes to fund the county law library fund, if authorized  | 
      
      
        | 
           
			 | 
        by the county commissioners court (Sec. 323.023, Local Government  | 
      
      
        | 
           
			 | 
        Code) . . . not to exceed $35; | 
      
      
        | 
           
			 | 
                     (10)  additional filing fee for filing any civil action  | 
      
      
        | 
           
			 | 
        or proceeding requiring a filing fee, including an appeal, and on  | 
      
      
        | 
           
			 | 
        the filing of any counterclaim, cross-action, intervention,  | 
      
      
        | 
           
			 | 
        interpleader, or third-party action requiring a filing fee, to fund  | 
      
      
        | 
           
			 | 
        civil legal services for the indigent (Sec. 133.153, Local  | 
      
      
        | 
           
			 | 
        Government Code) . . . $10; and | 
      
      
        | 
           
			 | 
                     (11)  on the filing of a civil suit an additional filing  | 
      
      
        | 
           
			 | 
        fee to be used for court-related purposes for the support of the  | 
      
      
        | 
           
			 | 
        judiciary (Sec. 133.154, Local Government Code) . . . $42. | 
      
      
        | 
           
			 | 
               SECTION 8.114.  Section 101.1215, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 101.1215.  COUNTY COURT FEES AND COSTS:  ESTATES CODE.   | 
      
      
        | 
           
			 | 
        The clerk of a county court shall collect the following fees and  | 
      
      
        | 
           
			 | 
        costs under the Estates Code: | 
      
      
        | 
           
			 | 
                     (1)  fee for deposit of a will with the county clerk  | 
      
      
        | 
           
			 | 
        during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
      
        | 
           
			 | 
                     (2)  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the personal representative of an estate, an application,  | 
      
      
        | 
           
			 | 
        complaint, or opposition in relation to the estate, if required by  | 
      
      
        | 
           
			 | 
        the clerk (Sec. 53.052, Estates Code) . . . probable cost of the  | 
      
      
        | 
           
			 | 
        proceeding; | 
      
      
        | 
           
			 | 
                     (3)  [fee on filing an application, complaint, 
         | 
      
      
        | 
           
			 | 
        
          petition, or other paper in a guardianship proceeding, which 
         | 
      
      
        | 
           
			 | 
        
          includes a deposit for payment to an attorney ad litem (Sec. 
         | 
      
      
        | 
           
			 | 
        
          1052.051, Estates Code) .
           
          .
           
          . cost of filing and payment of 
         | 
      
      
        | 
           
			 | 
        
          attorney ad litem;
         | 
      
      
        | 
           
			 | 
                     [(4)]  security deposit on filing, by any person other  | 
      
      
        | 
           
			 | 
        than the guardian, attorney ad litem, or guardian ad litem, an  | 
      
      
        | 
           
			 | 
        application, complaint, or opposition in relation to a guardianship  | 
      
      
        | 
           
			 | 
        matter, if required by the clerk (Sec. 1053.052, Estates Code)  | 
      
      
        | 
           
			 | 
        . . . probable cost of the guardianship proceeding; | 
      
      
        | 
           
			 | 
                     (4) [(5)]  nonrefundable fee to cover the cost of  | 
      
      
        | 
           
			 | 
        administering Subchapter G, Chapter 1104, Estates Code (Sec.  | 
      
      
        | 
           
			 | 
        1104.303, Estates Code) . . . $40; and | 
      
      
        | 
           
			 | 
                     (5) [(6)]  costs for attorney ad litem appointed to  | 
      
      
        | 
           
			 | 
        pursue the restoration of a ward's capacity or modification of the  | 
      
      
        | 
           
			 | 
        ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable  | 
      
      
        | 
           
			 | 
        compensation. | 
      
      
        | 
           
			 | 
               SECTION 8.115.  Section 102.041, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN  | 
      
      
        | 
           
			 | 
        DISTRICT COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a  | 
      
      
        | 
           
			 | 
        district court shall collect fees and costs under the Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure on conviction of a defendant as follows: | 
      
      
        | 
           
			 | 
                     (1)  a jury fee (Art. 102.004, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $40 [$20]; | 
      
      
        | 
           
			 | 
                     (2)  a fee for clerk of the court services (Art.  | 
      
      
        | 
           
			 | 
        102.005, Code of Criminal Procedure) . . . $40; | 
      
      
        | 
           
			 | 
                     (3)  a records management and preservation services fee  | 
      
      
        | 
           
			 | 
        (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
      
        | 
           
			 | 
                     (4)  a county and district court technology fee (Art.  | 
      
      
        | 
           
			 | 
        102.0169, Code of Criminal Procedure) . . . $4; | 
      
      
        | 
           
			 | 
                     (5)  a security fee on a felony offense (Art. 102.017,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure) . . . $5; | 
      
      
        | 
           
			 | 
                     (6)  a security fee on a misdemeanor offense (Art.  | 
      
      
        | 
           
			 | 
        102.017, Code of Criminal Procedure) . . . $3; and | 
      
      
        | 
           
			 | 
                     (7)  a juvenile delinquency prevention and graffiti  | 
      
      
        | 
           
			 | 
        eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        $50. | 
      
      
        | 
           
			 | 
               SECTION 8.116.  Section 102.061, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN  | 
      
      
        | 
           
			 | 
        STATUTORY COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a  | 
      
      
        | 
           
			 | 
        statutory county court shall collect fees and costs under the Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure on conviction of a defendant as follows: | 
      
      
        | 
           
			 | 
                     (1)  a jury fee (Art. 102.004, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $40 [$20]; | 
      
      
        | 
           
			 | 
                     (2)  a fee for services of the clerk of the court (Art.  | 
      
      
        | 
           
			 | 
        102.005, Code of Criminal Procedure) . . . $40; | 
      
      
        | 
           
			 | 
                     (3)  a records management and preservation services fee  | 
      
      
        | 
           
			 | 
        (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
      
        | 
           
			 | 
                     (4)  a county and district court technology fee (Art.  | 
      
      
        | 
           
			 | 
        102.0169, Code of Criminal Procedure) . . . $4; | 
      
      
        | 
           
			 | 
                     (5)  a security fee on a misdemeanor offense (Art.  | 
      
      
        | 
           
			 | 
        102.017, Code of Criminal Procedure) . . . $3; | 
      
      
        | 
           
			 | 
                     (6)  a juvenile delinquency prevention and graffiti  | 
      
      
        | 
           
			 | 
        eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        $50; | 
      
      
        | 
           
			 | 
                     (7)  a juvenile case manager fee (Art. 102.0174, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not to exceed $5 if the court employs a  | 
      
      
        | 
           
			 | 
        juvenile case manager; and | 
      
      
        | 
           
			 | 
                     (8)  a civil justice fee (Art. 102.022, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . $0.10. | 
      
      
        | 
           
			 | 
               SECTION 8.117.  Section 102.081, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN  | 
      
      
        | 
           
			 | 
        COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a county  | 
      
      
        | 
           
			 | 
        court shall collect fees and costs under the Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure on conviction of a defendant as follows: | 
      
      
        | 
           
			 | 
                     (1)  a jury fee (Art. 102.004, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $40 [$20]; | 
      
      
        | 
           
			 | 
                     (2)  a fee for clerk of the court services (Art.  | 
      
      
        | 
           
			 | 
        102.005, Code of Criminal Procedure) . . . $40; | 
      
      
        | 
           
			 | 
                     (3)  a records management and preservation services fee  | 
      
      
        | 
           
			 | 
        (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
      
        | 
           
			 | 
                     (4)  a county and district court technology fee (Art.  | 
      
      
        | 
           
			 | 
        102.0169, Code of Criminal Procedure) . . . $4; | 
      
      
        | 
           
			 | 
                     (5)  a security fee on a misdemeanor offense (Art.  | 
      
      
        | 
           
			 | 
        102.017, Code of Criminal Procedure) . . . $3; | 
      
      
        | 
           
			 | 
                     (6)  a juvenile delinquency prevention and graffiti  | 
      
      
        | 
           
			 | 
        eradication fee (Art. 102.0171, Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        $50; | 
      
      
        | 
           
			 | 
                     (7)  a juvenile case manager fee (Art. 102.0174, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not to exceed $5 if the court employs a  | 
      
      
        | 
           
			 | 
        juvenile case manager; and | 
      
      
        | 
           
			 | 
                     (8)  a civil justice fee (Art. 102.022, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . $0.10. | 
      
      
        | 
           
			 | 
               SECTION 8.118.  Section 103.021, Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or defendant,  | 
      
      
        | 
           
			 | 
        or a party to a civil suit, as applicable, shall pay the following  | 
      
      
        | 
           
			 | 
        fees and costs under the Code of Criminal Procedure if ordered by  | 
      
      
        | 
           
			 | 
        the court or otherwise required: | 
      
      
        | 
           
			 | 
                     (1)  a personal bond fee (Art. 17.42, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . the greater of $20 or three percent of the amount  | 
      
      
        | 
           
			 | 
        of the bail fixed for the accused; | 
      
      
        | 
           
			 | 
                     (2)  cost of electronic monitoring as a condition of  | 
      
      
        | 
           
			 | 
        release on personal bond (Art. 17.43, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . actual cost; | 
      
      
        | 
           
			 | 
                     (3)  a fee for verification of and monitoring of motor  | 
      
      
        | 
           
			 | 
        vehicle ignition interlock (Art. 17.441, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . not to exceed $10; | 
      
      
        | 
           
			 | 
                     (3-a)  costs associated with operating a global  | 
      
      
        | 
           
			 | 
        positioning monitoring system as a condition of release on bond  | 
      
      
        | 
           
			 | 
        (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs,  | 
      
      
        | 
           
			 | 
        subject to a determination of indigency; | 
      
      
        | 
           
			 | 
                     (3-b)  costs associated with providing a defendant's  | 
      
      
        | 
           
			 | 
        victim with an electronic receptor device as a condition of the  | 
      
      
        | 
           
			 | 
        defendant's release on bond (Art. 17.49(b)(3), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . actual costs, subject to a determination of  | 
      
      
        | 
           
			 | 
        indigency; | 
      
      
        | 
           
			 | 
                     (4)  repayment of reward paid by a crime stoppers  | 
      
      
        | 
           
			 | 
        organization on conviction of a felony (Art. 37.073, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . amount ordered; | 
      
      
        | 
           
			 | 
                     (5)  reimbursement to general revenue fund for payments  | 
      
      
        | 
           
			 | 
        made to victim of an offense as condition of community supervision  | 
      
      
        | 
           
			 | 
        (Art. 42A.301(17) [Chapter 42A], Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        not to exceed $50 for a misdemeanor offense or $100 for a felony  | 
      
      
        | 
           
			 | 
        offense; | 
      
      
        | 
           
			 | 
                     (6)  payment to a crime stoppers organization as  | 
      
      
        | 
           
			 | 
        condition of community supervision (Art. 42A.301(20) [Chapter 
         | 
      
      
        | 
           
			 | 
        
          42A], Code of Criminal Procedure) . . . not to exceed $50; | 
      
      
        | 
           
			 | 
                     (7)  children's advocacy center fee (Art. 42A.455  | 
      
      
        | 
           
			 | 
        [Chapter 42A], Code of Criminal Procedure) . . . not to exceed $50; | 
      
      
        | 
           
			 | 
                     (8)  family violence center fee (Art. 42A.504(b)  | 
      
      
        | 
           
			 | 
        [Chapter 42A], Code of Criminal Procedure) . . . $100; | 
      
      
        | 
           
			 | 
                     (9)  community supervision fee (Art. 42A.652(a)  | 
      
      
        | 
           
			 | 
        [Chapter 42A], Code of Criminal Procedure) . . . not less than $25  | 
      
      
        | 
           
			 | 
        or more than $60 per month; | 
      
      
        | 
           
			 | 
                     (10)  additional community supervision fee for certain  | 
      
      
        | 
           
			 | 
        offenses (Art. 42A.653(a) [Chapter 42A], Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $5 per month; | 
      
      
        | 
           
			 | 
                     (11)  for certain financially able sex offenders as a  | 
      
      
        | 
           
			 | 
        condition of community supervision, the costs of treatment,  | 
      
      
        | 
           
			 | 
        specialized supervision, or rehabilitation (Art. 42A.452 [Chapter 
         | 
      
      
        | 
           
			 | 
        
          42A], Code of Criminal Procedure) . . . all or part of the  | 
      
      
        | 
           
			 | 
        reasonable and necessary costs of the treatment, supervision, or  | 
      
      
        | 
           
			 | 
        rehabilitation as determined by the judge; | 
      
      
        | 
           
			 | 
                     (12)  fee for failure to appear for trial in a justice  | 
      
      
        | 
           
			 | 
        or municipal court if a jury trial is not waived (Art. 45.026, Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . costs incurred for impaneling the  | 
      
      
        | 
           
			 | 
        jury; | 
      
      
        | 
           
			 | 
                     (13)  costs of certain testing, assessments, or  | 
      
      
        | 
           
			 | 
        programs during a deferral period (Art. 45.051, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . amount ordered; | 
      
      
        | 
           
			 | 
                     (14)  special expense on dismissal of certain  | 
      
      
        | 
           
			 | 
        misdemeanor complaints (Art. 45.051, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed amount of fine assessed; | 
      
      
        | 
           
			 | 
                     (15)  an additional fee: | 
      
      
        | 
           
			 | 
                           (A)  for a copy of the defendant's driving record  | 
      
      
        | 
           
			 | 
        to be requested from the Department of Public Safety by the judge  | 
      
      
        | 
           
			 | 
        (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal  | 
      
      
        | 
           
			 | 
        to the sum of the fee established by Section 521.048,  | 
      
      
        | 
           
			 | 
        Transportation Code, and the state electronic Internet portal fee; | 
      
      
        | 
           
			 | 
                           (B)  as an administrative fee for requesting a  | 
      
      
        | 
           
			 | 
        driving safety course or a course under the motorcycle operator  | 
      
      
        | 
           
			 | 
        training and safety program for certain traffic offenses to cover  | 
      
      
        | 
           
			 | 
        the cost of administering the article (Art. 45.0511(f)(1), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $10; or | 
      
      
        | 
           
			 | 
                           (C)  for requesting a driving safety course or a  | 
      
      
        | 
           
			 | 
        course under the motorcycle operator training and safety program  | 
      
      
        | 
           
			 | 
        before the final disposition of the case (Art. 45.0511(f)(2), Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure) . . . not to exceed the maximum amount of the  | 
      
      
        | 
           
			 | 
        fine for the offense committed by the defendant; | 
      
      
        | 
           
			 | 
                     (16)  a request fee for teen court program (Art.  | 
      
      
        | 
           
			 | 
        45.052, Code of Criminal Procedure) . . . $20, if the court  | 
      
      
        | 
           
			 | 
        ordering the fee is located in the Texas-Louisiana border region,  | 
      
      
        | 
           
			 | 
        but otherwise not to exceed $10; | 
      
      
        | 
           
			 | 
                     (17)  a fee to cover costs of required duties of teen  | 
      
      
        | 
           
			 | 
        court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the  | 
      
      
        | 
           
			 | 
        court ordering the fee is located in the Texas-Louisiana border  | 
      
      
        | 
           
			 | 
        region, but otherwise $10; | 
      
      
        | 
           
			 | 
                     (18)  a mileage fee for officer performing certain  | 
      
      
        | 
           
			 | 
        services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per  | 
      
      
        | 
           
			 | 
        mile; | 
      
      
        | 
           
			 | 
                     (19)  certified mailing of notice of hearing date (Art.  | 
      
      
        | 
           
			 | 
        102.006, Code of Criminal Procedure) . . . $1, plus postage; | 
      
      
        | 
           
			 | 
                     (20)  certified mailing of certified copies of an order  | 
      
      
        | 
           
			 | 
        of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2,  | 
      
      
        | 
           
			 | 
        plus postage; | 
      
      
        | 
           
			 | 
                     (20-a)  a fee to defray the cost of notifying state  | 
      
      
        | 
           
			 | 
        agencies of orders of expungement (Art. 45.0216, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . $30 per application; | 
      
      
        | 
           
			 | 
                     (21)  sight orders: | 
      
      
        | 
           
			 | 
                           (A)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        does not exceed $10 (Art. 102.007, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $10; | 
      
      
        | 
           
			 | 
                           (B)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $10 but does not exceed $100 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                           (C)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $100 but does not exceed $300 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $30; | 
      
      
        | 
           
			 | 
                           (D)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $300 but does not exceed $500 (Art. 102.007, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $50; and | 
      
      
        | 
           
			 | 
                           (E)  if the face amount of the check or sight order  | 
      
      
        | 
           
			 | 
        is greater than $500 (Art. 102.007, Code of Criminal Procedure)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $75; | 
      
      
        | 
           
			 | 
                     (22)  fees for a pretrial intervention program: | 
      
      
        | 
           
			 | 
                           (A)  a supervision fee (Art. 102.012(a), Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . $60 a month plus expenses; and | 
      
      
        | 
           
			 | 
                           (B)  a district attorney, criminal district  | 
      
      
        | 
           
			 | 
        attorney, or county attorney administrative fee (Art. 102.0121,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure) . . . not to exceed $500; | 
      
      
        | 
           
			 | 
                     (23)  parking fee violations for child safety fund in  | 
      
      
        | 
           
			 | 
        municipalities with populations: | 
      
      
        | 
           
			 | 
                           (A)  greater than 850,000 (Art. 102.014, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not less than $2 and not to exceed $5; and | 
      
      
        | 
           
			 | 
                           (B)  less than 850,000 (Art. 102.014, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure) . . . not to exceed $5; | 
      
      
        | 
           
			 | 
                     (24)  an administrative fee for collection of fines,  | 
      
      
        | 
           
			 | 
        fees, restitution, or other costs (Art. 102.072, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure) . . . not to exceed $2 for each transaction; | 
      
      
        | 
           
			 | 
                     (25)  a collection fee, if authorized by the  | 
      
      
        | 
           
			 | 
        commissioners court of a county or the governing body of a  | 
      
      
        | 
           
			 | 
        municipality, for certain debts and accounts receivable, including  | 
      
      
        | 
           
			 | 
        unpaid fines, fees, court costs, forfeited bonds, and restitution  | 
      
      
        | 
           
			 | 
        ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30  | 
      
      
        | 
           
			 | 
        percent of an amount more than 60 days past due; and | 
      
      
        | 
           
			 | 
                     (26)  a cost on conviction for the truancy prevention  | 
      
      
        | 
           
			 | 
        and diversion fund (Art. 102.015, Code of Criminal Procedure) . . .  | 
      
      
        | 
           
			 | 
        $2. | 
      
      
        | 
           
			 | 
               SECTION 8.119.  Section 103.0211, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  GOVERNMENT CODE.  An accused or defendant, or a party  | 
      
      
        | 
           
			 | 
        to a civil suit, as applicable, shall pay the following fees and  | 
      
      
        | 
           
			 | 
        costs under the Government Code if ordered by the court or otherwise  | 
      
      
        | 
           
			 | 
        required: | 
      
      
        | 
           
			 | 
                     (1)  a court reporter fee when testimony is taken: | 
      
      
        | 
           
			 | 
                           (A)  in a criminal court in Dallas County (Sec.  | 
      
      
        | 
           
			 | 
        25.0593, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                           (B)  in a county criminal court of appeals in  | 
      
      
        | 
           
			 | 
        Dallas County (Sec. 25.0594, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                           (C)  in a county court at law in McLennan County  | 
      
      
        | 
           
			 | 
        (Sec. 25.1572, Government Code) . . . $3; and | 
      
      
        | 
           
			 | 
                           (D)  in a county criminal court in Tarrant County  | 
      
      
        | 
           
			 | 
        (Sec. 25.2223, Government Code) . . . $3; | 
      
      
        | 
           
			 | 
                     (2)  a court reporter service fee if the courts have  | 
      
      
        | 
           
			 | 
        official court reporters (Sec. 51.601, Government Code) . . . $15  | 
      
      
        | 
           
			 | 
        or, in specified counties, $30; | 
      
      
        | 
           
			 | 
                     (3)  a speedy trial rights waiver motion filing fee in  | 
      
      
        | 
           
			 | 
        El Paso County (Sec. 54.745, Government Code) . . . $100; | 
      
      
        | 
           
			 | 
                     (4)  the costs of a criminal magistrate if the court  | 
      
      
        | 
           
			 | 
        determines that the nonprevailing party is able to defray the  | 
      
      
        | 
           
			 | 
        costs: | 
      
      
        | 
           
			 | 
                           (A)  in Bexar County (Sec. 54.913, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (B)  in Dallas County (Sec. 54.313, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (C)  in Lubbock County (Sec. 54.883, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                           (D)  in Tarrant County (Sec. 54.663, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; and | 
      
      
        | 
           
			 | 
                           (E)  in Travis County (Sec. 54.983, Government  | 
      
      
        | 
           
			 | 
        Code) . . . magistrate's fees; | 
      
      
        | 
           
			 | 
                     (5)  an administrative fee for participation in certain  | 
      
      
        | 
           
			 | 
        community supervision programs (Sec. 76.015, Government Code)  | 
      
      
        | 
           
			 | 
        . . . not less than $25 and not more than $60 per month; and | 
      
      
        | 
           
			 | 
                     (6)  fee paid on filing a petition for an order of  | 
      
      
        | 
           
			 | 
        nondisclosure of criminal history record information in certain  | 
      
      
        | 
           
			 | 
        cases (Secs. 411.072 and 411.0745 [Subchapter E-1, Chapter 411],  | 
      
      
        | 
           
			 | 
        Government Code) . . . $28. | 
      
      
        | 
           
			 | 
               SECTION 8.120.  Section 103.0213, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 752 (H.B. 1888), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR  | 
      
      
        | 
           
			 | 
        CIVIL CASES:  TRANSPORTATION CODE.  An accused or defendant, or a  | 
      
      
        | 
           
			 | 
        party to a civil suit, as applicable, shall pay the following fees  | 
      
      
        | 
           
			 | 
        and costs under the Transportation Code if ordered by the court or  | 
      
      
        | 
           
			 | 
        otherwise required: | 
      
      
        | 
           
			 | 
                     (1)  administrative fee on dismissal of charge of  | 
      
      
        | 
           
			 | 
        driving with an expired motor vehicle registration (Sec. 502.407,  | 
      
      
        | 
           
			 | 
        Transportation Code) . . . not to exceed $20; | 
      
      
        | 
           
			 | 
                     (2)  administrative fee on dismissal of charge of  | 
      
      
        | 
           
			 | 
        driving with an expired driver's license (Sec. 521.026,  | 
      
      
        | 
           
			 | 
        Transportation Code) . . . not to exceed $20; | 
      
      
        | 
           
			 | 
                     (2-a)  administrative fee on remediation of charge of  | 
      
      
        | 
           
			 | 
        operation of a vehicle without a registration insignia (Sec.  | 
      
      
        | 
           
			 | 
        502.473, Transportation Code) . . . not to exceed $10; | 
      
      
        | 
           
			 | 
                     (3)  administrative fee on remediation of charge of  | 
      
      
        | 
           
			 | 
        operating a vehicle without complying with inspection requirements  | 
      
      
        | 
           
			 | 
        as certified (Sec. 548.605, Transportation Code) . . . not to  | 
      
      
        | 
           
			 | 
        exceed $20; | 
      
      
        | 
           
			 | 
                     (4)  administrative fee for failure to appear for a  | 
      
      
        | 
           
			 | 
        complaint or citation on certain offenses (Sec. 706.006,  | 
      
      
        | 
           
			 | 
        Transportation Code) . . . $30 for each violation; [and] | 
      
      
        | 
           
			 | 
                     (5)  administrative fee for failure to pay or satisfy  | 
      
      
        | 
           
			 | 
        certain judgments (Sec. 706.006, Transportation Code) . . . $30;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (6)  administrative fee on dismissal of charge of  | 
      
      
        | 
           
			 | 
        driving a commercial motor vehicle without a commercial driver's  | 
      
      
        | 
           
			 | 
        license or commercial learner's permit (Sec. 522.011,  | 
      
      
        | 
           
			 | 
        Transportation Code) . . . not to exceed $10. | 
      
      
        | 
           
			 | 
               SECTION 8.121.  (a)  Section 103.026, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 103.026.  MISCELLANEOUS FEES AND COSTS:  FAMILY CODE.   | 
      
      
        | 
           
			 | 
        Fees and costs shall be paid or collected under the Family Code as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (1)  costs of determining and sending information  | 
      
      
        | 
           
			 | 
        concerning the identity of the court with continuing, exclusive  | 
      
      
        | 
           
			 | 
        jurisdiction if charged by the bureau of vital statistics (Sec.  | 
      
      
        | 
           
			 | 
        108.006, Family Code) . . . reasonable fee; | 
      
      
        | 
           
			 | 
                     (2)  initial operations fee paid to the domestic  | 
      
      
        | 
           
			 | 
        relations office on each filing of an original suit affecting the  | 
      
      
        | 
           
			 | 
        parent-child relationship, motion for modification, or motion for  | 
      
      
        | 
           
			 | 
        enforcement, if authorized by the administering entity (Sec.  | 
      
      
        | 
           
			 | 
        203.005, Family Code) . . . not to exceed $15; | 
      
      
        | 
           
			 | 
                     (3)  initial child support service fee paid to the  | 
      
      
        | 
           
			 | 
        domestic relations office in certain counties on the filing of an  | 
      
      
        | 
           
			 | 
        original suit affecting the parent-child relationship, if  | 
      
      
        | 
           
			 | 
        authorized by the administering entity (Sec. 203.005, Family Code)  | 
      
      
        | 
           
			 | 
        . . . not to exceed $36; | 
      
      
        | 
           
			 | 
                     (4)  service fee for services of a domestic relations  | 
      
      
        | 
           
			 | 
        office, if authorized by the administering entity (Sec. 203.005,  | 
      
      
        | 
           
			 | 
        Family Code) . . . not to exceed $3 per month; | 
      
      
        | 
           
			 | 
                     (5)  fee to reimburse a domestic relations office for a  | 
      
      
        | 
           
			 | 
        fee paid for filing an administrative writ of withholding (Secs.  | 
      
      
        | 
           
			 | 
        158.503 and 203.005, Family Code) . . . the amount of the fee paid; | 
      
      
        | 
           
			 | 
                     (6)  fee from a Title IV-D agency for each item of  | 
      
      
        | 
           
			 | 
        process to each individual on whom service is required, including  | 
      
      
        | 
           
			 | 
        service by certified or registered mail (Sec. 231.202, Family Code)  | 
      
      
        | 
           
			 | 
        . . . the amount that a sheriff or constable may charge for serving  | 
      
      
        | 
           
			 | 
        process under Section 118.131, Local Government Code; [and] | 
      
      
        | 
           
			 | 
                     (7)  a fee for mailing an order vacating or staying an  | 
      
      
        | 
           
			 | 
        order suspending a license to the appropriate licensing authority  | 
      
      
        | 
           
			 | 
        (Sec. 232.013, Family Code) . . . $5 for each order mailed; and | 
      
      
        | 
           
			 | 
                     (8)  a court cost paid by a party to a truancy case, if  | 
      
      
        | 
           
			 | 
        ordered by a truancy court (Sec. 65.107, Family Code) . . . $50. | 
      
      
        | 
           
			 | 
               (b)  Section 103.035, Government Code, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 8.122.  (a)  Section 103.027(a), Government Code,  | 
      
      
        | 
           
			 | 
        is amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, and further amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  Fees and costs shall be paid or collected under the  | 
      
      
        | 
           
			 | 
        Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  filing a certified copy of a judicial finding of  | 
      
      
        | 
           
			 | 
        fact and conclusion of law if charged by the secretary of state  | 
      
      
        | 
           
			 | 
        (Sec. 51.905, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (2)  cost paid by each surety posting the bail bond for  | 
      
      
        | 
           
			 | 
        an offense other than a misdemeanor punishable by fine only under  | 
      
      
        | 
           
			 | 
        Chapter 17, Code of Criminal Procedure, for the assistant  | 
      
      
        | 
           
			 | 
        prosecutor supplement fund and the fair defense account (Sec.  | 
      
      
        | 
           
			 | 
        41.258, Government Code) . . . $15, provided the cost does not  | 
      
      
        | 
           
			 | 
        exceed $30 for all bail bonds posted at that time for an individual  | 
      
      
        | 
           
			 | 
        and the cost is not required on the posting of a personal or cash  | 
      
      
        | 
           
			 | 
        bond; | 
      
      
        | 
           
			 | 
                     (3)  to participate in a court proceeding in this  | 
      
      
        | 
           
			 | 
        state, a nonresident attorney fee (Sec. 82.0361, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $250 except as waived or reduced under supreme court rules for  | 
      
      
        | 
           
			 | 
        representing an indigent person; | 
      
      
        | 
           
			 | 
                     (4)  on a party's appeal of a final decision in a  | 
      
      
        | 
           
			 | 
        contested case, the cost of preparing the original or a certified  | 
      
      
        | 
           
			 | 
        copy of the record of the agency proceeding, if required by the  | 
      
      
        | 
           
			 | 
        agency's rule, as a court cost (Sec. 2001.177, Government Code)  | 
      
      
        | 
           
			 | 
        . . . as assessed by the court, all or part of the cost of  | 
      
      
        | 
           
			 | 
        preparation; | 
      
      
        | 
           
			 | 
                     (5)  a program fee for a drug court program (Sec.  | 
      
      
        | 
           
			 | 
        123.004, Government Code) . . . not to exceed $1,000; | 
      
      
        | 
           
			 | 
                     (6)  an alcohol or controlled substance testing,  | 
      
      
        | 
           
			 | 
        counseling, and treatment fee (Sec. 123.004, Government Code) . . .  | 
      
      
        | 
           
			 | 
        the amount necessary to cover the costs of testing, counseling, and  | 
      
      
        | 
           
			 | 
        treatment; | 
      
      
        | 
           
			 | 
                     (7)  a reasonable program fee for a veterans treatment  | 
      
      
        | 
           
			 | 
        court program (Sec. 124.005, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1,000; | 
      
      
        | 
           
			 | 
                     (8)  a testing, counseling, and treatment fee for  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment performed or provided under a  | 
      
      
        | 
           
			 | 
        veterans treatment court program (Sec. 124.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . the amount necessary to cover the costs of testing,  | 
      
      
        | 
           
			 | 
        counseling, or treatment; [and] | 
      
      
        | 
           
			 | 
                     (9)  a nonrefundable program fee for a commercially  | 
      
      
        | 
           
			 | 
        sexually exploited persons court [prostitution prevention] program  | 
      
      
        | 
           
			 | 
        (Sec. 126.006, Government Code) . . . a reasonable amount not to  | 
      
      
        | 
           
			 | 
        exceed $1,000, which must include a counseling and services fee in  | 
      
      
        | 
           
			 | 
        an amount necessary to cover the costs of counseling and services  | 
      
      
        | 
           
			 | 
        provided by the program, a victim services fee in an amount equal to  | 
      
      
        | 
           
			 | 
        10 percent of the total fee, and a law enforcement training fee in  | 
      
      
        | 
           
			 | 
        an amount equal to five percent of the total fee; and | 
      
      
        | 
           
			 | 
                     (10)  a district court records archive fee for the  | 
      
      
        | 
           
			 | 
        filing of a suit, including an appeal from an inferior court, or a  | 
      
      
        | 
           
			 | 
        cross-action, counterclaim, intervention, contempt action, motion  | 
      
      
        | 
           
			 | 
        for new trial, or third-party petition, in any court in the county  | 
      
      
        | 
           
			 | 
        for which the district clerk accepts filings, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.305, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $10. | 
      
      
        | 
           
			 | 
               (b)  Effective September 1, 2019, Section 103.027(a),  | 
      
      
        | 
           
			 | 
        Government Code, is amended to conform to Chapter 654 (H.B. 2182),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, and further  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Fees and costs shall be paid or collected under the  | 
      
      
        | 
           
			 | 
        Government Code as follows: | 
      
      
        | 
           
			 | 
                     (1)  filing a certified copy of a judicial finding of  | 
      
      
        | 
           
			 | 
        fact and conclusion of law if charged by the secretary of state  | 
      
      
        | 
           
			 | 
        (Sec. 51.905, Government Code) . . . $15; | 
      
      
        | 
           
			 | 
                     (2)  cost paid by each surety posting the bail bond for  | 
      
      
        | 
           
			 | 
        an offense other than a misdemeanor punishable by fine only under  | 
      
      
        | 
           
			 | 
        Chapter 17, Code of Criminal Procedure, for the assistant  | 
      
      
        | 
           
			 | 
        prosecutor supplement fund and the fair defense account (Sec.  | 
      
      
        | 
           
			 | 
        41.258, Government Code) . . . $15, provided the cost does not  | 
      
      
        | 
           
			 | 
        exceed $30 for all bail bonds posted at that time for an individual  | 
      
      
        | 
           
			 | 
        and the cost is not required on the posting of a personal or cash  | 
      
      
        | 
           
			 | 
        bond; | 
      
      
        | 
           
			 | 
                     (3)  to participate in a court proceeding in this  | 
      
      
        | 
           
			 | 
        state, a nonresident attorney fee (Sec. 82.0361, Government Code)  | 
      
      
        | 
           
			 | 
        . . . $250 except as waived or reduced under supreme court rules for  | 
      
      
        | 
           
			 | 
        representing an indigent person; | 
      
      
        | 
           
			 | 
                     (4)  on a party's appeal of a final decision in a  | 
      
      
        | 
           
			 | 
        contested case, the cost of preparing the original or a certified  | 
      
      
        | 
           
			 | 
        copy of the record of the agency proceeding, if required by the  | 
      
      
        | 
           
			 | 
        agency's rule, as a court cost (Sec. 2001.177, Government Code)  | 
      
      
        | 
           
			 | 
        . . . as assessed by the court, all or part of the cost of  | 
      
      
        | 
           
			 | 
        preparation; | 
      
      
        | 
           
			 | 
                     (5)  a program fee for a drug court program (Sec.  | 
      
      
        | 
           
			 | 
        123.004, Government Code) . . . not to exceed $1,000; | 
      
      
        | 
           
			 | 
                     (6)  an alcohol or controlled substance testing,  | 
      
      
        | 
           
			 | 
        counseling, and treatment fee (Sec. 123.004, Government Code) . . .  | 
      
      
        | 
           
			 | 
        the amount necessary to cover the costs of testing, counseling, and  | 
      
      
        | 
           
			 | 
        treatment; | 
      
      
        | 
           
			 | 
                     (7)  a reasonable program fee for a veterans treatment  | 
      
      
        | 
           
			 | 
        court program (Sec. 124.005, Government Code) . . . not to exceed  | 
      
      
        | 
           
			 | 
        $1,000; | 
      
      
        | 
           
			 | 
                     (8)  a testing, counseling, and treatment fee for  | 
      
      
        | 
           
			 | 
        testing, counseling, or treatment performed or provided under a  | 
      
      
        | 
           
			 | 
        veterans treatment court program (Sec. 124.005, Government Code)  | 
      
      
        | 
           
			 | 
        . . . the amount necessary to cover the costs of testing,  | 
      
      
        | 
           
			 | 
        counseling, or treatment; [and] | 
      
      
        | 
           
			 | 
                     (9)  a nonrefundable program fee for a commercially  | 
      
      
        | 
           
			 | 
        sexually exploited persons court [prostitution prevention] program  | 
      
      
        | 
           
			 | 
        (Sec. 126.006, Government Code) . . . a reasonable amount not to  | 
      
      
        | 
           
			 | 
        exceed $1,000, which must include a counseling and services fee in  | 
      
      
        | 
           
			 | 
        an amount necessary to cover the costs of counseling and services  | 
      
      
        | 
           
			 | 
        provided by the program, a victim services fee in an amount equal to  | 
      
      
        | 
           
			 | 
        10 percent of the total fee, and a law enforcement training fee in  | 
      
      
        | 
           
			 | 
        an amount equal to five percent of the total fee; and | 
      
      
        | 
           
			 | 
                     (10)  a district court records archive fee for the  | 
      
      
        | 
           
			 | 
        filing of a suit, including an appeal from an inferior court, or a  | 
      
      
        | 
           
			 | 
        cross-action, counterclaim, intervention, contempt action, motion  | 
      
      
        | 
           
			 | 
        for new trial, or third-party petition, in any court in the county  | 
      
      
        | 
           
			 | 
        for which the district clerk accepts filings, if authorized by the  | 
      
      
        | 
           
			 | 
        county commissioners court (Sec. 51.305, Government Code) . . . not  | 
      
      
        | 
           
			 | 
        more than $5. | 
      
      
        | 
           
			 | 
               (c)  The following are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 103.0271, Government Code; and | 
      
      
        | 
           
			 | 
                     (2)  Section 103.0292, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2013. | 
      
      
        | 
           
			 | 
        ARTICLE 9.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
      
        | 
           
			 | 
               SECTION 9.001.  Section 81.046(c), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  Medical or epidemiological information, including  | 
      
      
        | 
           
			 | 
        information linking a person who is exposed to a person with a  | 
      
      
        | 
           
			 | 
        communicable disease, may be released: | 
      
      
        | 
           
			 | 
                     (1)  for statistical purposes if released in a manner  | 
      
      
        | 
           
			 | 
        that prevents the identification of any person; | 
      
      
        | 
           
			 | 
                     (2)  with the consent of each person identified in the  | 
      
      
        | 
           
			 | 
        information; | 
      
      
        | 
           
			 | 
                     (3)  to medical personnel treating the individual,  | 
      
      
        | 
           
			 | 
        appropriate state agencies in this state or another state, a health  | 
      
      
        | 
           
			 | 
        authority or local health department in this state or another  | 
      
      
        | 
           
			 | 
        state, or federal, county, or district courts to comply with this  | 
      
      
        | 
           
			 | 
        chapter and related rules relating to the control and treatment of  | 
      
      
        | 
           
			 | 
        communicable diseases and health conditions or under another state  | 
      
      
        | 
           
			 | 
        or federal law that expressly authorizes the disclosure of this  | 
      
      
        | 
           
			 | 
        information; | 
      
      
        | 
           
			 | 
                     (4)  to appropriate federal agencies, such as the  | 
      
      
        | 
           
			 | 
        Centers for Disease Control and Prevention [of the United States 
         | 
      
      
        | 
           
			 | 
        
          Public Health Service], but the information must be limited to the  | 
      
      
        | 
           
			 | 
        name, address, sex, race, and occupation of the patient, the date of  | 
      
      
        | 
           
			 | 
        disease onset, the probable source of infection, and other  | 
      
      
        | 
           
			 | 
        requested information relating to the case or suspected case of a  | 
      
      
        | 
           
			 | 
        communicable disease or health condition; | 
      
      
        | 
           
			 | 
                     (5)  to medical personnel to the extent necessary in a  | 
      
      
        | 
           
			 | 
        medical emergency to protect the health or life of the person  | 
      
      
        | 
           
			 | 
        identified in the information; [or] | 
      
      
        | 
           
			 | 
                     (6)  to a designated infection control officer; | 
      
      
        | 
           
			 | 
                     (7) [(6)]  to governmental entities that provide first  | 
      
      
        | 
           
			 | 
        responders who may respond to a situation involving a potential  | 
      
      
        | 
           
			 | 
        communicable disease of concern and need the information to  | 
      
      
        | 
           
			 | 
        properly respond to the situation; or | 
      
      
        | 
           
			 | 
                     (8) [(7)]  to a local health department or health  | 
      
      
        | 
           
			 | 
        authority for a designated monitoring period based on the potential  | 
      
      
        | 
           
			 | 
        risk for developing symptoms of a communicable disease of concern. | 
      
      
        | 
           
			 | 
               SECTION 9.002.  Section 242.403(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to conform to changes made by Chapter 838 (S.B. 202),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The executive commissioner shall adopt standards to  | 
      
      
        | 
           
			 | 
        implement Sections 242.401 and 242.402.  Those standards must, at a  | 
      
      
        | 
           
			 | 
        minimum, address: | 
      
      
        | 
           
			 | 
                     (1)  admission of residents; | 
      
      
        | 
           
			 | 
                     (2)  care of residents younger than 18 years of age; | 
      
      
        | 
           
			 | 
                     (3)  an initial assessment and comprehensive plan of  | 
      
      
        | 
           
			 | 
        care for residents; | 
      
      
        | 
           
			 | 
                     (4)  transfer or discharge of residents; | 
      
      
        | 
           
			 | 
                     (5)  clinical records; | 
      
      
        | 
           
			 | 
                     (6)  infection control at the institution; | 
      
      
        | 
           
			 | 
                     (7)  rehabilitative services; | 
      
      
        | 
           
			 | 
                     (8)  food services; | 
      
      
        | 
           
			 | 
                     (9)  nutrition services provided by a director of food  | 
      
      
        | 
           
			 | 
        services who is licensed by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation under Chapter 701, Occupations Code, [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Examiners of Dietitians] or, if not so licensed, who is in scheduled  | 
      
      
        | 
           
			 | 
        consultation with a person who is so licensed as frequently and for  | 
      
      
        | 
           
			 | 
        such time as the executive commissioner shall determine necessary  | 
      
      
        | 
           
			 | 
        to assure each resident a diet that meets the daily nutritional and  | 
      
      
        | 
           
			 | 
        special dietary needs of each resident; | 
      
      
        | 
           
			 | 
                     (10)  social services and activities; | 
      
      
        | 
           
			 | 
                     (11)  prevention of pressure sores; | 
      
      
        | 
           
			 | 
                     (12)  bladder and bowel retraining programs for  | 
      
      
        | 
           
			 | 
        residents; | 
      
      
        | 
           
			 | 
                     (13)  prevention of complications from nasogastric or  | 
      
      
        | 
           
			 | 
        gastrotomy tube feedings; | 
      
      
        | 
           
			 | 
                     (14)  relocation of residents within an institution; | 
      
      
        | 
           
			 | 
                     (15)  postmortem procedures; and | 
      
      
        | 
           
			 | 
                     (16)  appropriate use of chemical and physical  | 
      
      
        | 
           
			 | 
        restraints. | 
      
      
        | 
           
			 | 
               SECTION 9.003.  Section 401.015(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to conform to changes made by Chapter 838 (S.B. 202),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  The radiation advisory board is composed of the  | 
      
      
        | 
           
			 | 
        following 18 members appointed by the governor: | 
      
      
        | 
           
			 | 
                     (1)  one representative from industry who is trained in  | 
      
      
        | 
           
			 | 
        nuclear physics, science, or nuclear engineering; | 
      
      
        | 
           
			 | 
                     (2)  one representative from labor; | 
      
      
        | 
           
			 | 
                     (3)  one representative from agriculture; | 
      
      
        | 
           
			 | 
                     (4)  one representative from the insurance industry; | 
      
      
        | 
           
			 | 
                     (5)  one individual who is engaged in the use and  | 
      
      
        | 
           
			 | 
        application of nuclear physics in medicine and is certified by the  | 
      
      
        | 
           
			 | 
        American Board of Radiology or licensed by the Texas Medical Board  | 
      
      
        | 
           
			 | 
        under Chapter 602, Occupations Code [of Licensure for Professional 
         | 
      
      
        | 
           
			 | 
        
          Medical Physicists]; | 
      
      
        | 
           
			 | 
                     (6)  one hospital administrator; | 
      
      
        | 
           
			 | 
                     (7)  one individual licensed by the Texas Medical Board  | 
      
      
        | 
           
			 | 
        who specializes in nuclear medicine; | 
      
      
        | 
           
			 | 
                     (8)  one individual licensed by the Texas Medical Board  | 
      
      
        | 
           
			 | 
        who specializes in pathology; | 
      
      
        | 
           
			 | 
                     (9)  one individual licensed by the Texas Medical Board  | 
      
      
        | 
           
			 | 
        who specializes in radiology; | 
      
      
        | 
           
			 | 
                     (10)  one representative from the nuclear utility  | 
      
      
        | 
           
			 | 
        industry; | 
      
      
        | 
           
			 | 
                     (11)  one representative from the radioactive waste  | 
      
      
        | 
           
			 | 
        industry; | 
      
      
        | 
           
			 | 
                     (12)  one representative from the petroleum industry; | 
      
      
        | 
           
			 | 
                     (13)  one health physicist certified by the American  | 
      
      
        | 
           
			 | 
        Board of Health Physics; | 
      
      
        | 
           
			 | 
                     (14)  one individual licensed by the State Board of  | 
      
      
        | 
           
			 | 
        Dental Examiners; | 
      
      
        | 
           
			 | 
                     (15)  one representative from the uranium mining  | 
      
      
        | 
           
			 | 
        industry; and | 
      
      
        | 
           
			 | 
                     (16)  three representatives of the public. | 
      
      
        | 
           
			 | 
               SECTION 9.004.  Section 532.0131(d), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to correct a typographical error to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall appoint as members of the work group: | 
      
      
        | 
           
			 | 
                     (1)  a representative of the department; | 
      
      
        | 
           
			 | 
                     (2)  a representative of the Texas Department of  | 
      
      
        | 
           
			 | 
        Criminal Justice; | 
      
      
        | 
           
			 | 
                     (3)  a representative of the Texas Juvenile Justice  | 
      
      
        | 
           
			 | 
        Department; | 
      
      
        | 
           
			 | 
                     (4)  a representative of the Texas Correctional Office  | 
      
      
        | 
           
			 | 
        on Offenders with Medical or Mental Impairments; | 
      
      
        | 
           
			 | 
                     (5)  a representative of the Sheriffs' [Sheriff's]  | 
      
      
        | 
           
			 | 
        Association of Texas; | 
      
      
        | 
           
			 | 
                     (6)  a superintendent of a state hospital with a  | 
      
      
        | 
           
			 | 
        maximum security forensic unit; | 
      
      
        | 
           
			 | 
                     (7)  a representative of a local mental health  | 
      
      
        | 
           
			 | 
        authority; | 
      
      
        | 
           
			 | 
                     (8)  a representative of the protection and advocacy  | 
      
      
        | 
           
			 | 
        system of this state established in accordance with 42 U.S.C.  | 
      
      
        | 
           
			 | 
        Section 15043, appointed by the administrative head of that system;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (9)  additional members as needed to comply with the  | 
      
      
        | 
           
			 | 
        number of members selected by the commissioner, who must be  | 
      
      
        | 
           
			 | 
        recognized experts in forensic patients or persons who represent  | 
      
      
        | 
           
			 | 
        the interests of forensic patients, and who may be advocates,  | 
      
      
        | 
           
			 | 
        family members, psychiatrists, psychologists, social workers,  | 
      
      
        | 
           
			 | 
        psychiatric nurses, or representatives of hospitals licensed under  | 
      
      
        | 
           
			 | 
        Chapter 241 or 577. | 
      
      
        | 
           
			 | 
        ARTICLE 10.  CHANGES RELATING TO INSURANCE CODE | 
      
      
        | 
           
			 | 
               SECTION 10.001.  Section 544.552, Insurance Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 592 (S.B. 188) and 1137 (S.B. 189), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 544.552.  APPLICABILITY.  This subchapter applies only  | 
      
      
        | 
           
			 | 
        to: | 
      
      
        | 
           
			 | 
                     (1)  a standard fire, homeowners, or farm and ranch  | 
      
      
        | 
           
			 | 
        owners insurance policy, including such policies written by: | 
      
      
        | 
           
			 | 
                           (A) [(1)]  a farm mutual insurance company; | 
      
      
        | 
           
			 | 
                           (B) [(2)]  a county mutual insurance company; | 
      
      
        | 
           
			 | 
                           (C) [(3)]  a Lloyd's plan; and | 
      
      
        | 
           
			 | 
                           (D) [(4)]  a reciprocal or interinsurance  | 
      
      
        | 
           
			 | 
        exchange; or | 
      
      
        | 
           
			 | 
                     (2)  a personal automobile insurance policy, including  | 
      
      
        | 
           
			 | 
        a policy written by a county mutual insurance company. | 
      
      
        | 
           
			 | 
               SECTION 10.002.  Sections 1451.001(3), (7), (8), and (20),  | 
      
      
        | 
           
			 | 
        Insurance Code, are amended to conform to Chapter 838 (S.B. 202),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
                     (3)  "Audiologist" means an individual licensed to  | 
      
      
        | 
           
			 | 
        practice audiology by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation [State Board of Examiners for Speech-Language Pathology 
         | 
      
      
        | 
           
			 | 
        
          and Audiology]. | 
      
      
        | 
           
			 | 
                     (7)  "Dietitian" means an individual licensed by the  | 
      
      
        | 
           
			 | 
        Texas Department of Licensing and Regulation under Chapter 701,  | 
      
      
        | 
           
			 | 
        Occupations Code [State Board of Examiners of Dietitians]. | 
      
      
        | 
           
			 | 
                     (8)  "Hearing instrument fitter and dispenser" means an  | 
      
      
        | 
           
			 | 
        individual licensed by the Texas Department of Licensing and  | 
      
      
        | 
           
			 | 
        Regulation under Chapter 402, Occupations Code [State Committee of 
         | 
      
      
        | 
           
			 | 
        
          Examiners in the Fitting and Dispensing of Hearing Instruments]. | 
      
      
        | 
           
			 | 
                     (20)  "Speech-language pathologist" means an  | 
      
      
        | 
           
			 | 
        individual licensed to practice speech-language pathology by the  | 
      
      
        | 
           
			 | 
        Texas Department of Licensing and Regulation [State Board of 
         | 
      
      
        | 
           
			 | 
        
          Examiners for Speech-Language Pathology and Audiology]. | 
      
      
        | 
           
			 | 
               SECTION 10.003.  Section 2210.251(f), Insurance Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 188 (S.B. 498) and 1073 (H.B. 2439), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (f)  Notwithstanding any other provision of this subchapter,  | 
      
      
        | 
           
			 | 
        insurance coverage for a residential structure may be issued or  | 
      
      
        | 
           
			 | 
        renewed through the association subject to the inspection  | 
      
      
        | 
           
			 | 
        requirements imposed under Section 2210.258, if applicable. | 
      
      
        | 
           
			 | 
               SECTION 10.004.  Section 2210.2581, Insurance Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapter 615 (S.B. 900), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Section 2210.2581, Insurance Code, by Chapter 188 (S.B. 498), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 11.  CHANGES RELATING TO LABOR CODE | 
      
      
        | 
           
			 | 
               SECTION 11.001.  Sections 23.003(a) and (b), Labor Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 195 (S.B. 805), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, are repealed as duplicative of Sections  | 
      
      
        | 
           
			 | 
        23.003(a) and (b), Labor Code, as added by Chapter 816 (H.B. 3547),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 12.  CHANGES RELATING TO LOCAL GOVERNMENT CODE | 
      
      
        | 
           
			 | 
               SECTION 12.001.  Section 234.132, Local Government Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 623 (S.B. 1210) and 1170 (S.B. 866), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted and amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 234.132.  APPLICABILITY.  This subchapter applies only  | 
      
      
        | 
           
			 | 
        to: | 
      
      
        | 
           
			 | 
                     (1)  a county that has a population of less than 25,000,  | 
      
      
        | 
           
			 | 
        is adjacent to the Gulf of Mexico, and is within 50 miles of an  | 
      
      
        | 
           
			 | 
        international border; | 
      
      
        | 
           
			 | 
                     (2)  a county that has a population of four million or  | 
      
      
        | 
           
			 | 
        more; | 
      
      
        | 
           
			 | 
                     (3)  a county that is adjacent to the Gulf of Mexico and  | 
      
      
        | 
           
			 | 
        to a county that has a population of four million or more; [and] | 
      
      
        | 
           
			 | 
                     (4)  a county located on the Texas-Mexico border that  | 
      
      
        | 
           
			 | 
        has a population of less than 300,000 and contains a municipality  | 
      
      
        | 
           
			 | 
        with a population of 200,000 or more; and | 
      
      
        | 
           
			 | 
                     (5) [(3)]  a county that has a population of 550,000 or  | 
      
      
        | 
           
			 | 
        more and is adjacent to a county described by Subdivision (2). | 
      
      
        | 
           
			 | 
               SECTION 12.002.  Section 250.007, Local Government Code, is  | 
      
      
        | 
           
			 | 
        amended to correct an error to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 250.007.  REGULATION OF RENTAL OR LEASING OF HOUSING  | 
      
      
        | 
           
			 | 
        ACCOMMODATIONS.  (a)  Except as provided by this section, a  | 
      
      
        | 
           
			 | 
        municipality or county may not adopt or enforce an ordinance or  | 
      
      
        | 
           
			 | 
        regulation that prohibits an owner, lessee, sublessee, assignee,  | 
      
      
        | 
           
			 | 
        managing agent, or other person having the right to lease,  | 
      
      
        | 
           
			 | 
        sublease, or rent a housing accommodation from refusing to lease or  | 
      
      
        | 
           
			 | 
        rent the housing accommodation to a person because the person's  | 
      
      
        | 
           
			 | 
        lawful source of income to pay rent includes funding from a federal  | 
      
      
        | 
           
			 | 
        housing assistance program. | 
      
      
        | 
           
			 | 
               (b)  This section does not affect an ordinance or regulation  | 
      
      
        | 
           
			 | 
        that prohibits the refusal to lease or rent a housing accommodation  | 
      
      
        | 
           
			 | 
        to a military veteran because of the veteran's lawful source of  | 
      
      
        | 
           
			 | 
        income to pay rent. | 
      
      
        | 
           
			 | 
               (c)  This section does not affect any authority of a  | 
      
      
        | 
           
			 | 
        municipality or county or decree to create or implement an  | 
      
      
        | 
           
			 | 
        incentive, contract commitment, density bonus, or other voluntary  | 
      
      
        | 
           
			 | 
        program designed to encourage the acceptance of a housing voucher  | 
      
      
        | 
           
			 | 
        directly or indirectly funded by the federal government, including  | 
      
      
        | 
           
			 | 
        a federal housing choice voucher. | 
      
      
        | 
           
			 | 
        ARTICLE 13.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
      
        | 
           
			 | 
               SECTION 13.001.  Section 81.067(c), Natural Resources Code,  | 
      
      
        | 
           
			 | 
        is amended to conform to the repeal of Section 81.112, Natural  | 
      
      
        | 
           
			 | 
        Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (c)  The fund consists of: | 
      
      
        | 
           
			 | 
                     (1)  proceeds from bonds and other financial security  | 
      
      
        | 
           
			 | 
        required by this chapter and benefits under well-specific plugging  | 
      
      
        | 
           
			 | 
        insurance policies described by Section 91.104(c) that are paid to  | 
      
      
        | 
           
			 | 
        the state as contingent beneficiary of the policies, subject to the  | 
      
      
        | 
           
			 | 
        refund provisions of Section 91.1091, if applicable; | 
      
      
        | 
           
			 | 
                     (2)  private contributions, including contributions  | 
      
      
        | 
           
			 | 
        made under Section 89.084; | 
      
      
        | 
           
			 | 
                     (3)  expenses collected under Section 89.083; | 
      
      
        | 
           
			 | 
                     (4)  fees imposed under Section 85.2021; | 
      
      
        | 
           
			 | 
                     (5)  costs recovered under Section 91.457 or 91.459; | 
      
      
        | 
           
			 | 
                     (6)  proceeds collected under Sections 89.085 and  | 
      
      
        | 
           
			 | 
        91.115; | 
      
      
        | 
           
			 | 
                     (7)  interest earned on the funds deposited in the  | 
      
      
        | 
           
			 | 
        fund; | 
      
      
        | 
           
			 | 
                     (8)  oil and gas waste hauler permit application fees  | 
      
      
        | 
           
			 | 
        collected under Section 29.015, Water Code; | 
      
      
        | 
           
			 | 
                     (9)  costs recovered under Section 91.113(f); | 
      
      
        | 
           
			 | 
                     (10)  hazardous oil and gas waste generation fees  | 
      
      
        | 
           
			 | 
        collected under Section 91.605; | 
      
      
        | 
           
			 | 
                     (11)  oil-field cleanup regulatory fees on oil  | 
      
      
        | 
           
			 | 
        collected under Section 81.116; | 
      
      
        | 
           
			 | 
                     (12)  oil-field cleanup regulatory fees on gas  | 
      
      
        | 
           
			 | 
        collected under Section 81.117; | 
      
      
        | 
           
			 | 
                     (13)  fees for a reissued certificate collected under  | 
      
      
        | 
           
			 | 
        Section 91.707; | 
      
      
        | 
           
			 | 
                     (14)  fees collected under Section 91.1013; | 
      
      
        | 
           
			 | 
                     (15)  fees collected under Section 89.088; | 
      
      
        | 
           
			 | 
                     (16)  fees collected under Section 91.142; | 
      
      
        | 
           
			 | 
                     (17)  fees collected under Section 91.654; | 
      
      
        | 
           
			 | 
                     (18)  costs recovered under Sections 91.656 and 91.657; | 
      
      
        | 
           
			 | 
                     (19)  fees collected under Section 81.0521; | 
      
      
        | 
           
			 | 
                     (20)  fees collected under Sections 89.024 and 89.026; | 
      
      
        | 
           
			 | 
                     (21)  legislative appropriations; | 
      
      
        | 
           
			 | 
                     (22)  any surcharges collected under Section 81.070; | 
      
      
        | 
           
			 | 
                     (23)  fees collected under Section 91.0115; | 
      
      
        | 
           
			 | 
                     (24)  [money deposited to the credit of the fund under 
         | 
      
      
        | 
           
			 | 
        
          Section 81.112;
         | 
      
      
        | 
           
			 | 
                     [(25)]  fees collected under Subchapter E, Chapter 121,  | 
      
      
        | 
           
			 | 
        Utilities Code; and | 
      
      
        | 
           
			 | 
                     (25) [(26)]  fees collected under Section 27.0321,  | 
      
      
        | 
           
			 | 
        Water Code. | 
      
      
        | 
           
			 | 
               SECTION 13.002.  Section 81.112, Natural Resources Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapter 448 (H.B. 7), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed to conform to the repeal of  | 
      
      
        | 
           
			 | 
        Section 81.112, Natural Resources Code, by Chapter 470 (S.B. 757),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 14.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
      
        | 
           
			 | 
               SECTION 14.001.  Section 55.004, Occupations Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 586 (H.B. 3742) and 1193 (S.B. 1307), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 55.004.  ALTERNATIVE LICENSING FOR MILITARY SERVICE  | 
      
      
        | 
           
			 | 
        MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.  (a)  A state  | 
      
      
        | 
           
			 | 
        agency that issues a license shall adopt rules for the issuance of  | 
      
      
        | 
           
			 | 
        the license to an applicant who is a military service member,  | 
      
      
        | 
           
			 | 
        military veteran, or military spouse and: | 
      
      
        | 
           
			 | 
                     (1)  holds a current license issued by another  | 
      
      
        | 
           
			 | 
        jurisdiction that has licensing requirements that are  | 
      
      
        | 
           
			 | 
        substantially equivalent to the requirements for the license in  | 
      
      
        | 
           
			 | 
        this state; or | 
      
      
        | 
           
			 | 
                     (2)  within the five years preceding the application  | 
      
      
        | 
           
			 | 
        date held the license in this state. | 
      
      
        | 
           
			 | 
               (b)  The executive director of a state agency may waive any  | 
      
      
        | 
           
			 | 
        prerequisite to obtaining a license for an applicant described by  | 
      
      
        | 
           
			 | 
        Subsection (a) after reviewing the applicant's credentials. | 
      
      
        | 
           
			 | 
               (c)  In addition to the rules adopted under Subsection (a), a  | 
      
      
        | 
           
			 | 
        state agency that issues a license may adopt rules that would  | 
      
      
        | 
           
			 | 
        establish alternate methods for a military service member, military  | 
      
      
        | 
           
			 | 
        veteran, or military spouse to demonstrate competency to meet the  | 
      
      
        | 
           
			 | 
        requirements for obtaining the license. | 
      
      
        | 
           
			 | 
               SECTION 14.002.  Section 1802.002(a), Occupations Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 777 (H.B. 2481) and 1230 (S.B. 1982), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (a)  This chapter does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a sale conducted by order of a United States court  | 
      
      
        | 
           
			 | 
        under Title 11, United States Code; | 
      
      
        | 
           
			 | 
                     (2)  a sale conducted by an employee of the United  | 
      
      
        | 
           
			 | 
        States, this state, or a political subdivision of this state in the  | 
      
      
        | 
           
			 | 
        course and scope of employment; | 
      
      
        | 
           
			 | 
                     (3)  a sale conducted by a charitable, religious, or  | 
      
      
        | 
           
			 | 
        civic organization, including an organization having a tax exempt  | 
      
      
        | 
           
			 | 
        status under Section 501(c), Internal Revenue Code of 1986, or  | 
      
      
        | 
           
			 | 
        organized as a nonprofit entity, if the person organizing,  | 
      
      
        | 
           
			 | 
        arranging, or conducting the auction receives no compensation; | 
      
      
        | 
           
			 | 
                     (4)  a foreclosure sale of real property personally  | 
      
      
        | 
           
			 | 
        conducted by a trustee under a deed of trust; | 
      
      
        | 
           
			 | 
                     (5)  a foreclosure sale of personal property personally  | 
      
      
        | 
           
			 | 
        conducted by: | 
      
      
        | 
           
			 | 
                           (A)  a person who holds a security interest in the  | 
      
      
        | 
           
			 | 
        property, including a mortgage; or | 
      
      
        | 
           
			 | 
                           (B)  an employee or agent of a person described by  | 
      
      
        | 
           
			 | 
        Paragraph (A) acting in the course and scope of employment, if: | 
      
      
        | 
           
			 | 
                                 (i)  the employee or agent is not otherwise  | 
      
      
        | 
           
			 | 
        engaged in the auction business; and | 
      
      
        | 
           
			 | 
                                 (ii)  all property for sale in the auction is  | 
      
      
        | 
           
			 | 
        subject to a security agreement; | 
      
      
        | 
           
			 | 
                     (6)  a sale conducted by sealed bid without the option  | 
      
      
        | 
           
			 | 
        of increasing or decreasing the amount of a bid; | 
      
      
        | 
           
			 | 
                     (7)  an auction conducted only for student training  | 
      
      
        | 
           
			 | 
        purposes as part of a course of study approved by the department; | 
      
      
        | 
           
			 | 
                     (8)  an auction conducted by a posted stockyard or  | 
      
      
        | 
           
			 | 
        market agency as defined by the federal Packers and Stockyards Act  | 
      
      
        | 
           
			 | 
        (7 U.S.C. Section 181 et seq.), as amended; | 
      
      
        | 
           
			 | 
                     (9)  an auction of livestock conducted by a nonprofit  | 
      
      
        | 
           
			 | 
        livestock trade association chartered in this state, if the auction  | 
      
      
        | 
           
			 | 
        involves only the sale of livestock owned by members of the trade  | 
      
      
        | 
           
			 | 
        association; | 
      
      
        | 
           
			 | 
                     (10)  an auction conducted by a charitable or nonprofit  | 
      
      
        | 
           
			 | 
        organization chartered in this state, if the auction: | 
      
      
        | 
           
			 | 
                           (A)  is part of a fair that is organized under  | 
      
      
        | 
           
			 | 
        state, county, or municipal authority; and | 
      
      
        | 
           
			 | 
                           (B)  involves only the sale of property owned by  | 
      
      
        | 
           
			 | 
        the organization's members; | 
      
      
        | 
           
			 | 
                     (11)  a sale or auction conducted by an auctioneer  | 
      
      
        | 
           
			 | 
        while the auctioneer is physically located outside of this state; | 
      
      
        | 
           
			 | 
                     (12)  a sale of motor vehicles at auction by a person  | 
      
      
        | 
           
			 | 
        licensed under Chapter 2301 or 2302; | 
      
      
        | 
           
			 | 
                     (13)  a sale of motor vehicles at auction by a person  | 
      
      
        | 
           
			 | 
        who holds a wholesale motor vehicle auction general distinguishing  | 
      
      
        | 
           
			 | 
        number or an independent motor vehicle general distinguishing  | 
      
      
        | 
           
			 | 
        number issued by the Texas Department of Motor Vehicles; or | 
      
      
        | 
           
			 | 
                     (14)  an auction of property through the Internet. | 
      
      
        | 
           
			 | 
               SECTION 14.003.  Section 1802.051(d), Occupations Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 1230 (S.B. 1982), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        1802.051(d), Occupations Code, as added by Chapter 777 (H.B. 2481),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 15.  CHANGES RELATING TO PENAL CODE | 
      
      
        | 
           
			 | 
               SECTION 15.001.  Section 31.18(b), Penal Code, is amended to  | 
      
      
        | 
           
			 | 
        correct a reference to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A person commits an offense if the person: | 
      
      
        | 
           
			 | 
                     (1)  knowingly or intentionally conducts, promotes, or  | 
      
      
        | 
           
			 | 
        facilitates an activity in which the person receives, possesses,  | 
      
      
        | 
           
			 | 
        conceals, stores, barters, sells, abandons, or disposes of: | 
      
      
        | 
           
			 | 
                           (A)  stolen cargo; or | 
      
      
        | 
           
			 | 
                           (B)  cargo explicitly represented to the person as  | 
      
      
        | 
           
			 | 
        being stolen cargo; or | 
      
      
        | 
           
			 | 
                     (2)  is employed as a driver lawfully contracted to  | 
      
      
        | 
           
			 | 
        transport a specific cargo by vehicle from a known point of origin  | 
      
      
        | 
           
			 | 
        to a known point of destination and, with the intent to conduct,  | 
      
      
        | 
           
			 | 
        promote, or facilitate an activity described by Subdivision (1)  | 
      
      
        | 
           
			 | 
        [Subsection (b)(1)], knowingly or intentionally: | 
      
      
        | 
           
			 | 
                           (A)  fails to deliver the entire cargo to the  | 
      
      
        | 
           
			 | 
        known point of destination as contracted; or | 
      
      
        | 
           
			 | 
                           (B)  causes the seal to be broken on the vehicle or  | 
      
      
        | 
           
			 | 
        on an intermodal container containing any part of the cargo. | 
      
      
        | 
           
			 | 
               SECTION 15.002.  Section 46.01(11), Penal Code, is repealed  | 
      
      
        | 
           
			 | 
        to conform to Chapter 960 (H.B. 1862), Acts of the 83rd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2013. | 
      
      
        | 
           
			 | 
               SECTION 15.003.  Section 46.03(f), Penal Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (f)  Except as provided by Subsection (e-1), it is not a  | 
      
      
        | 
           
			 | 
        defense to prosecution under this section that the actor possessed  | 
      
      
        | 
           
			 | 
        a handgun and was licensed to carry a handgun under Subchapter H,  | 
      
      
        | 
           
			 | 
        Chapter 411, Government Code. | 
      
      
        | 
           
			 | 
               SECTION 15.004.  Section 46.035(g), Penal Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (g)  An offense under this section [(a-1), (a-2), (a-3),] is  | 
      
      
        | 
           
			 | 
        a Class A misdemeanor, unless the offense is committed under  | 
      
      
        | 
           
			 | 
        Subsection (b)(1) or (b)(3), in which event the offense is a felony  | 
      
      
        | 
           
			 | 
        of the third degree. | 
      
      
        | 
           
			 | 
               SECTION 15.005.  Sections 46.035(h) and (j), Penal Code, as  | 
      
      
        | 
           
			 | 
        amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, are reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (h)  It is a defense to prosecution under Subsection (a),  | 
      
      
        | 
           
			 | 
        (a-1), (a-2), or (a-3) that the actor, at the time of the commission  | 
      
      
        | 
           
			 | 
        of the offense, displayed the handgun under circumstances in which  | 
      
      
        | 
           
			 | 
        the actor would have been justified in the use of force or deadly  | 
      
      
        | 
           
			 | 
        force under Chapter 9. | 
      
      
        | 
           
			 | 
               (j)  Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not  | 
      
      
        | 
           
			 | 
        apply to a historical reenactment performed in compliance with the  | 
      
      
        | 
           
			 | 
        rules of the Texas Alcoholic Beverage Commission. | 
      
      
        | 
           
			 | 
        ARTICLE 16.  CHANGES RELATING TO PROPERTY CODE | 
      
      
        | 
           
			 | 
               SECTION 16.001.  Section 209.00592(a-1), Property Code, as  | 
      
      
        | 
           
			 | 
        added by Chapter 248 (S.B. 862), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is repealed as duplicative of Section  | 
      
      
        | 
           
			 | 
        209.00592(a-1), Property Code, as added by Chapter 1183 (S.B.  | 
      
      
        | 
           
			 | 
        1168), Acts of the 84th Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 17.  CHANGES RELATING TO TAX CODE | 
      
      
        | 
           
			 | 
               SECTION 17.001.  Section 151.310(a), Tax Code, is amended to  | 
      
      
        | 
           
			 | 
        correct an error to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A taxable item sold, leased, or rented to, or stored,  | 
      
      
        | 
           
			 | 
        used, or consumed by, any of the following organizations is  | 
      
      
        | 
           
			 | 
        exempted from the taxes imposed by this chapter: | 
      
      
        | 
           
			 | 
                     (1)  an organization created for religious,  | 
      
      
        | 
           
			 | 
        educational, or charitable purposes if no part of the net earnings  | 
      
      
        | 
           
			 | 
        of the organization benefits a private shareholder or individual  | 
      
      
        | 
           
			 | 
        and the items purchased, leased, or rented are related to the  | 
      
      
        | 
           
			 | 
        purpose of the organization; | 
      
      
        | 
           
			 | 
                     (2)  an organization qualifying for an exemption from  | 
      
      
        | 
           
			 | 
        federal income taxes under Section 501(c)(3), (4), (8), (10), or  | 
      
      
        | 
           
			 | 
        (19), Internal Revenue Code, if [of] the item sold, leased, rented,  | 
      
      
        | 
           
			 | 
        stored, used, or consumed relates to the purpose of the exempted  | 
      
      
        | 
           
			 | 
        organization and the item is not used for the personal benefit of a  | 
      
      
        | 
           
			 | 
        private stockholder or individual; | 
      
      
        | 
           
			 | 
                     (3)  a nonprofit organization engaged exclusively in  | 
      
      
        | 
           
			 | 
        providing athletic competition among persons under 19 years old if  | 
      
      
        | 
           
			 | 
        no financial benefit goes to an individual or shareholder; | 
      
      
        | 
           
			 | 
                     (4)  a company, department, or association organized  | 
      
      
        | 
           
			 | 
        for the purpose of answering fire alarms and extinguishing fires or  | 
      
      
        | 
           
			 | 
        for the purpose of answering fire alarms, extinguishing fires, and  | 
      
      
        | 
           
			 | 
        providing emergency medical services, the members of which receive  | 
      
      
        | 
           
			 | 
        no compensation or only nominal compensation for their services  | 
      
      
        | 
           
			 | 
        rendered, if the taxable item is used exclusively by the company,  | 
      
      
        | 
           
			 | 
        department, or association; or | 
      
      
        | 
           
			 | 
                     (5)  a chamber of commerce or a convention and tourist  | 
      
      
        | 
           
			 | 
        promotional agency representing at least one Texas city or county  | 
      
      
        | 
           
			 | 
        if the chamber of commerce or the agency is not organized for profit  | 
      
      
        | 
           
			 | 
        and no part of its net earnings inures to a private shareholder or  | 
      
      
        | 
           
			 | 
        other individual. | 
      
      
        | 
           
			 | 
               SECTION 17.002.  The heading to Section 313.009, Tax Code,  | 
      
      
        | 
           
			 | 
        as redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is amended to correct an error  | 
      
      
        | 
           
			 | 
        in enrolling House Bill 2712, Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 313.009.  CERTAIN ENTITIES INELIGIBLE [ELIGIBLE]. | 
      
      
        | 
           
			 | 
               SECTION 17.003.  Section 351.101(a), Tax Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is reenacted and amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Revenue from the municipal hotel occupancy tax may be  | 
      
      
        | 
           
			 | 
        used only to promote tourism and the convention and hotel industry,  | 
      
      
        | 
           
			 | 
        and that use is limited to the following: | 
      
      
        | 
           
			 | 
                     (1)  the acquisition of sites for and the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of convention center facilities or visitor information  | 
      
      
        | 
           
			 | 
        centers, or both; | 
      
      
        | 
           
			 | 
                     (2)  the furnishing of facilities, personnel, and  | 
      
      
        | 
           
			 | 
        materials for the registration of convention delegates or  | 
      
      
        | 
           
			 | 
        registrants; | 
      
      
        | 
           
			 | 
                     (3)  advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to attract tourists and convention delegates  | 
      
      
        | 
           
			 | 
        or registrants to the municipality or its vicinity; | 
      
      
        | 
           
			 | 
                     (4)  the encouragement, promotion, improvement, and  | 
      
      
        | 
           
			 | 
        application of the arts, including instrumental and vocal music,  | 
      
      
        | 
           
			 | 
        dance, drama, folk art, creative writing, architecture, design and  | 
      
      
        | 
           
			 | 
        allied fields, painting, sculpture, photography, graphic and craft  | 
      
      
        | 
           
			 | 
        arts, motion pictures, radio, television, tape and sound recording,  | 
      
      
        | 
           
			 | 
        and other arts related to the presentation, performance, execution,  | 
      
      
        | 
           
			 | 
        and exhibition of these major art forms; | 
      
      
        | 
           
			 | 
                     (5)  historical restoration and preservation projects  | 
      
      
        | 
           
			 | 
        or activities or advertising and conducting solicitations and  | 
      
      
        | 
           
			 | 
        promotional programs to encourage tourists and convention  | 
      
      
        | 
           
			 | 
        delegates to visit preserved historic sites or museums: | 
      
      
        | 
           
			 | 
                           (A)  at or in the immediate vicinity of convention  | 
      
      
        | 
           
			 | 
        center facilities or visitor information centers; or | 
      
      
        | 
           
			 | 
                           (B)  located elsewhere in the municipality or its  | 
      
      
        | 
           
			 | 
        vicinity that would be frequented by tourists and convention  | 
      
      
        | 
           
			 | 
        delegates; | 
      
      
        | 
           
			 | 
                     (6)  for a municipality located in a county with a  | 
      
      
        | 
           
			 | 
        population of one million or less, expenses, including promotion  | 
      
      
        | 
           
			 | 
        expenses, directly related to a sporting event in which the  | 
      
      
        | 
           
			 | 
        majority of participants are tourists who substantially increase  | 
      
      
        | 
           
			 | 
        economic activity at hotels and motels within the municipality or  | 
      
      
        | 
           
			 | 
        its vicinity; | 
      
      
        | 
           
			 | 
                     (7)  subject to Section 351.1076, the promotion of  | 
      
      
        | 
           
			 | 
        tourism by the enhancement and upgrading of existing sports  | 
      
      
        | 
           
			 | 
        facilities or fields, including facilities or fields for baseball,  | 
      
      
        | 
           
			 | 
        softball, soccer, flag football, and rodeos, if: | 
      
      
        | 
           
			 | 
                           (A)  the municipality owns the facilities or  | 
      
      
        | 
           
			 | 
        fields; | 
      
      
        | 
           
			 | 
                           (B)  the municipality: | 
      
      
        | 
           
			 | 
                                 (i)  has a population of 80,000 or more and  | 
      
      
        | 
           
			 | 
        is located in a county that has a population of 350,000 or less; | 
      
      
        | 
           
			 | 
                                 (ii)  has a population of at least 75,000 but  | 
      
      
        | 
           
			 | 
        not more than 95,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of less than 200,000 but more than 160,000; | 
      
      
        | 
           
			 | 
                                 (iii)  has a population of at least 36,000  | 
      
      
        | 
           
			 | 
        but not more than 39,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 100,000 or less that is not adjacent to a county with  | 
      
      
        | 
           
			 | 
        a population of more than two million; | 
      
      
        | 
           
			 | 
                                 (iv)  has a population of at least 13,000 but  | 
      
      
        | 
           
			 | 
        less than 39,000 and is located in a county that has a population of  | 
      
      
        | 
           
			 | 
        at least 200,000; | 
      
      
        | 
           
			 | 
                                 (v)  has a population of at least 70,000 but  | 
      
      
        | 
           
			 | 
        less than 90,000 and no part of which is located in a county with a  | 
      
      
        | 
           
			 | 
        population greater than 150,000; | 
      
      
        | 
           
			 | 
                                 (vi)  is located in a county that: | 
      
      
        | 
           
			 | 
                                       (a)  is adjacent to the Texas-Mexico  | 
      
      
        | 
           
			 | 
        border; | 
      
      
        | 
           
			 | 
                                       (b)  has a population of at least  | 
      
      
        | 
           
			 | 
        500,000; and | 
      
      
        | 
           
			 | 
                                       (c)  does not have a municipality with  | 
      
      
        | 
           
			 | 
        a population greater than 500,000; | 
      
      
        | 
           
			 | 
                                 (vii)  has a population of at least 25,000  | 
      
      
        | 
           
			 | 
        but not more than 26,000 and is located in a county that has a  | 
      
      
        | 
           
			 | 
        population of 90,000 or less; | 
      
      
        | 
           
			 | 
                                 (viii) [(ix)]  is located in a county that  | 
      
      
        | 
           
			 | 
        has a population of not more than 300,000 and in which a component  | 
      
      
        | 
           
			 | 
        university of the University of Houston System is located; or | 
      
      
        | 
           
			 | 
                                 (ix) [(x)]  has a population of at least  | 
      
      
        | 
           
			 | 
        40,000 and the San Marcos River flows through the municipality; and | 
      
      
        | 
           
			 | 
                           (C)  the sports facilities and fields have been  | 
      
      
        | 
           
			 | 
        used, in the preceding calendar year, a combined total of more than  | 
      
      
        | 
           
			 | 
        10 times for district, state, regional, or national sports  | 
      
      
        | 
           
			 | 
        tournaments; | 
      
      
        | 
           
			 | 
                     (8)  for a municipality with a population of at least  | 
      
      
        | 
           
			 | 
        70,000 but less than 90,000, no part of which is located in a county  | 
      
      
        | 
           
			 | 
        with a population greater than 150,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility; | 
      
      
        | 
           
			 | 
                     (9)  signage directing the public to sights and  | 
      
      
        | 
           
			 | 
        attractions that are visited frequently by hotel guests in the  | 
      
      
        | 
           
			 | 
        municipality; | 
      
      
        | 
           
			 | 
                     (10)  the construction, improvement, enlarging,  | 
      
      
        | 
           
			 | 
        equipping, repairing, operation, and maintenance of a coliseum or  | 
      
      
        | 
           
			 | 
        multiuse facility, if the municipality: | 
      
      
        | 
           
			 | 
                           (A)  has a population of at least 90,000 but less  | 
      
      
        | 
           
			 | 
        than 120,000; and | 
      
      
        | 
           
			 | 
                           (B)  is located in two counties, at least one of  | 
      
      
        | 
           
			 | 
        which contains the headwaters of the San Gabriel River; and | 
      
      
        | 
           
			 | 
                     (11)  for a municipality with a population of more than  | 
      
      
        | 
           
			 | 
        175,000 but less than 225,000 that is located in two counties, each  | 
      
      
        | 
           
			 | 
        of which has a population of less than 200,000, the construction,  | 
      
      
        | 
           
			 | 
        improvement, enlarging, equipping, repairing, operation, and  | 
      
      
        | 
           
			 | 
        maintenance of a coliseum or multiuse facility and related  | 
      
      
        | 
           
			 | 
        infrastructure or a venue, as defined by Section 334.001(4), Local  | 
      
      
        | 
           
			 | 
        Government Code, that is related to the promotion of tourism. | 
      
      
        | 
           
			 | 
        ARTICLE 18.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
      
        | 
           
			 | 
               SECTION 18.001.  Section 504.202(e-1), Transportation Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 708 (H.B. 1128) and 716 (H.B. 1273), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted 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, 504.311, 504.312,  | 
      
      
        | 
           
			 | 
        504.313, 504.3135, 504.314, 504.315, 504.316, 504.318, 504.319, or  | 
      
      
        | 
           
			 | 
        504.320. | 
      
      
        | 
           
			 | 
               SECTION 18.002.  The heading to Section 504.502,  | 
      
      
        | 
           
			 | 
        Transportation Code, is amended to conform to the transfer of the  | 
      
      
        | 
           
			 | 
        offense by Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2011, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 504.502.  CERTAIN EXHIBITION VEHICLES[; OFFENSE]. | 
      
      
        | 
           
			 | 
               SECTION 18.003.  Section 644.101(b), Transportation Code,  | 
      
      
        | 
           
			 | 
        as amended by Chapters 278 (H.B. 716) and 1130 (S.B. 58), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is reenacted and  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A police officer of any of the following municipalities  | 
      
      
        | 
           
			 | 
        is eligible to apply for certification under this section: | 
      
      
        | 
           
			 | 
                     (1)  a municipality with a population of 50,000 or  | 
      
      
        | 
           
			 | 
        more; | 
      
      
        | 
           
			 | 
                     (2)  a municipality with a population of 25,000 or more  | 
      
      
        | 
           
			 | 
        any part of which is located in a county with a population of  | 
      
      
        | 
           
			 | 
        500,000 or more; | 
      
      
        | 
           
			 | 
                     (3)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        25,000: | 
      
      
        | 
           
			 | 
                           (A)  any part of which is located in a county with  | 
      
      
        | 
           
			 | 
        a population of 3.3 million; and | 
      
      
        | 
           
			 | 
                           (B)  that contains or is adjacent to an  | 
      
      
        | 
           
			 | 
        international port; | 
      
      
        | 
           
			 | 
                     (4)  a municipality with a population of at least  | 
      
      
        | 
           
			 | 
        34,000 that is located in a county that borders two or more states; | 
      
      
        | 
           
			 | 
                     (5)  a municipality any part of which is located in a  | 
      
      
        | 
           
			 | 
        county bordering the United Mexican States; | 
      
      
        | 
           
			 | 
                     (6)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        5,000 that is located: | 
      
      
        | 
           
			 | 
                           (A)  adjacent to a bay connected to the Gulf of  | 
      
      
        | 
           
			 | 
        Mexico; and | 
      
      
        | 
           
			 | 
                           (B)  in a county adjacent to a county with a  | 
      
      
        | 
           
			 | 
        population greater than 3.3 million; | 
      
      
        | 
           
			 | 
                     (7)  a municipality that is located: | 
      
      
        | 
           
			 | 
                           (A)  within 25 miles of an international port; and | 
      
      
        | 
           
			 | 
                           (B)  in a county that does not contain a highway  | 
      
      
        | 
           
			 | 
        that is part of the national system of interstate and defense  | 
      
      
        | 
           
			 | 
        highways and is adjacent to a county with a population greater than  | 
      
      
        | 
           
			 | 
        3.3 million; | 
      
      
        | 
           
			 | 
                     (8)  a municipality with a population of less than  | 
      
      
        | 
           
			 | 
        8,500 that: | 
      
      
        | 
           
			 | 
                           (A)  is the county seat; and | 
      
      
        | 
           
			 | 
                           (B)  contains a highway that is part of the  | 
      
      
        | 
           
			 | 
        national system of interstate and defense highways; [or] | 
      
      
        | 
           
			 | 
                     (9)  a municipality located in a county with a  | 
      
      
        | 
           
			 | 
        population between 60,000 and 66,000 adjacent to a bay connected to  | 
      
      
        | 
           
			 | 
        the Gulf of Mexico; or | 
      
      
        | 
           
			 | 
                     (10) [(9)]  a municipality with a population of more  | 
      
      
        | 
           
			 | 
        than 40,000 and less than 50,000 that is located in a county with a  | 
      
      
        | 
           
			 | 
        population of more than 285,000 and less than 300,000 that borders  | 
      
      
        | 
           
			 | 
        the Gulf of Mexico. | 
      
      
        | 
           
			 | 
        ARTICLE 19.  CHANGES RELATING TO WATER CODE | 
      
      
        | 
           
			 | 
               SECTION 19.001.  Section 16.053(e), Water Code, as amended  | 
      
      
        | 
           
			 | 
        by Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, is reenacted  | 
      
      
        | 
           
			 | 
        and amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  Each regional water planning group shall submit to the  | 
      
      
        | 
           
			 | 
        development board a regional water plan that: | 
      
      
        | 
           
			 | 
                     (1)  is consistent with the guidance principles for the  | 
      
      
        | 
           
			 | 
        state water plan adopted by the development board under Section  | 
      
      
        | 
           
			 | 
        16.051(d); | 
      
      
        | 
           
			 | 
                     (2)  provides information based on data provided or  | 
      
      
        | 
           
			 | 
        approved by the development board in a format consistent with the  | 
      
      
        | 
           
			 | 
        guidelines provided by the development board under Subsection (d); | 
      
      
        | 
           
			 | 
                     (2-a)  is consistent with the desired future conditions  | 
      
      
        | 
           
			 | 
        adopted under Section 36.108 for the relevant aquifers located in  | 
      
      
        | 
           
			 | 
        the regional water planning area as of the date the board most  | 
      
      
        | 
           
			 | 
        recently adopted a state water plan under Section 16.051 or, at the  | 
      
      
        | 
           
			 | 
        option of the regional water planning group, established subsequent  | 
      
      
        | 
           
			 | 
        to the adoption of the most recent plan; provided, however, that if  | 
      
      
        | 
           
			 | 
        no groundwater conservation district exists within the area of the  | 
      
      
        | 
           
			 | 
        regional water planning group, the regional water planning group  | 
      
      
        | 
           
			 | 
        shall determine the supply of groundwater for regional planning  | 
      
      
        | 
           
			 | 
        purposes; the Texas Water Development Board shall review and  | 
      
      
        | 
           
			 | 
        approve, prior to inclusion in the regional water plan, that the  | 
      
      
        | 
           
			 | 
        groundwater supply for the regional planning group without a  | 
      
      
        | 
           
			 | 
        groundwater conservation district in its area is physically  | 
      
      
        | 
           
			 | 
        compatible, using the board's groundwater availability models,  | 
      
      
        | 
           
			 | 
        with the desired future conditions adopted under Section 36.108 for  | 
      
      
        | 
           
			 | 
        the relevant aquifers in the groundwater management area that are  | 
      
      
        | 
           
			 | 
        regulated by groundwater conservation districts; | 
      
      
        | 
           
			 | 
                     (3)  identifies: | 
      
      
        | 
           
			 | 
                           (A)  each source of water supply in the regional  | 
      
      
        | 
           
			 | 
        water planning area, including information supplied by the  | 
      
      
        | 
           
			 | 
        executive administrator on the amount of modeled available  | 
      
      
        | 
           
			 | 
        groundwater in accordance with the guidelines provided by the  | 
      
      
        | 
           
			 | 
        development board under Subsections (d) and (f); | 
      
      
        | 
           
			 | 
                           (B)  factors specific to each source of water  | 
      
      
        | 
           
			 | 
        supply to be considered in determining whether to initiate a  | 
      
      
        | 
           
			 | 
        drought response; | 
      
      
        | 
           
			 | 
                           (C)  actions to be taken as part of the response;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (D)  existing major water infrastructure  | 
      
      
        | 
           
			 | 
        facilities that may be used for interconnections in the event of an  | 
      
      
        | 
           
			 | 
        emergency shortage of water; | 
      
      
        | 
           
			 | 
                     (4)  has specific provisions for water management  | 
      
      
        | 
           
			 | 
        strategies to be used during a drought of record; | 
      
      
        | 
           
			 | 
                     (5)  includes but is not limited to consideration of  | 
      
      
        | 
           
			 | 
        the following: | 
      
      
        | 
           
			 | 
                           (A)  any existing water or drought planning  | 
      
      
        | 
           
			 | 
        efforts addressing all or a portion of the region and potential  | 
      
      
        | 
           
			 | 
        impacts on public health, safety, or welfare in this state; | 
      
      
        | 
           
			 | 
                           (B)  approved groundwater conservation district  | 
      
      
        | 
           
			 | 
        management plans and other plans submitted under Section 16.054; | 
      
      
        | 
           
			 | 
                           (C)  all potentially feasible water management  | 
      
      
        | 
           
			 | 
        strategies, including but not limited to improved conservation,  | 
      
      
        | 
           
			 | 
        reuse, and management of existing water supplies, conjunctive use,  | 
      
      
        | 
           
			 | 
        acquisition of available existing water supplies, and development  | 
      
      
        | 
           
			 | 
        of new water supplies; | 
      
      
        | 
           
			 | 
                           (D)  protection of existing water rights in the  | 
      
      
        | 
           
			 | 
        region; | 
      
      
        | 
           
			 | 
                           (E)  opportunities for and the benefits of  | 
      
      
        | 
           
			 | 
        developing regional water supply facilities or providing regional  | 
      
      
        | 
           
			 | 
        management of water supply facilities; | 
      
      
        | 
           
			 | 
                           (F)  appropriate provision for environmental  | 
      
      
        | 
           
			 | 
        water needs and for the effect of upstream development on the bays,  | 
      
      
        | 
           
			 | 
        estuaries, and arms of the Gulf of Mexico and the effect of plans on  | 
      
      
        | 
           
			 | 
        navigation; | 
      
      
        | 
           
			 | 
                           (G)  provisions in Section 11.085(k)(1) if  | 
      
      
        | 
           
			 | 
        interbasin transfers are contemplated; | 
      
      
        | 
           
			 | 
                           (H)  voluntary transfer of water within the region  | 
      
      
        | 
           
			 | 
        using, but not limited to, regional water banks, sales, leases,  | 
      
      
        | 
           
			 | 
        options, subordination agreements, and financing agreements; | 
      
      
        | 
           
			 | 
                           (I)  emergency transfer of water under Section  | 
      
      
        | 
           
			 | 
        11.139, including information on the part of each permit, certified  | 
      
      
        | 
           
			 | 
        filing, or certificate of adjudication for nonmunicipal use in the  | 
      
      
        | 
           
			 | 
        region that may be transferred without causing unreasonable damage  | 
      
      
        | 
           
			 | 
        to the property of the nonmunicipal water rights holder; and | 
      
      
        | 
           
			 | 
                           (J)  opportunities for and the benefits of  | 
      
      
        | 
           
			 | 
        developing large-scale desalination facilities for: | 
      
      
        | 
           
			 | 
                                 (i)  marine seawater that serve local or  | 
      
      
        | 
           
			 | 
        regional entities; and | 
      
      
        | 
           
			 | 
                                 (ii)  [(J) opportunities for and the 
         | 
      
      
        | 
           
			 | 
        
          benefits of developing large-scale desalination facilities for]  | 
      
      
        | 
           
			 | 
        seawater or brackish groundwater that serve local or regional  | 
      
      
        | 
           
			 | 
        brackish groundwater production zones identified and designated  | 
      
      
        | 
           
			 | 
        under Section 16.060(b)(5); | 
      
      
        | 
           
			 | 
                     (6)  identifies river and stream segments of unique  | 
      
      
        | 
           
			 | 
        ecological value and sites of unique value for the construction of  | 
      
      
        | 
           
			 | 
        reservoirs that the regional water planning group recommends for  | 
      
      
        | 
           
			 | 
        protection under Section 16.051; | 
      
      
        | 
           
			 | 
                     (7)  assesses the impact of the plan on unique river and  | 
      
      
        | 
           
			 | 
        stream segments identified in Subdivision (6) if the regional water  | 
      
      
        | 
           
			 | 
        planning group or the legislature determines that a site of unique  | 
      
      
        | 
           
			 | 
        ecological value exists; | 
      
      
        | 
           
			 | 
                     (8)  describes the impact of proposed water projects on  | 
      
      
        | 
           
			 | 
        water quality; and | 
      
      
        | 
           
			 | 
                     (9)  includes information on: | 
      
      
        | 
           
			 | 
                           (A)  projected water use and conservation in the  | 
      
      
        | 
           
			 | 
        regional water planning area; and | 
      
      
        | 
           
			 | 
                           (B)  the implementation of state and regional  | 
      
      
        | 
           
			 | 
        water plan projects, including water conservation strategies,  | 
      
      
        | 
           
			 | 
        necessary to meet the state's projected water demands. | 
      
      
        | 
           
			 | 
               SECTION 19.002.  Section 16.060, Water Code, as amended by  | 
      
      
        | 
           
			 | 
        Chapter 990 (H.B. 30), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, and repealed by Chapter 756 (H.B. 2031), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, is reenacted to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 16.060.  DESALINATION STUDIES AND RESEARCH.  (a)  The  | 
      
      
        | 
           
			 | 
        board shall undertake or participate in research, feasibility and  | 
      
      
        | 
           
			 | 
        facility planning studies, investigations, and surveys as it  | 
      
      
        | 
           
			 | 
        considers necessary to further the development of cost-effective  | 
      
      
        | 
           
			 | 
        water supplies from seawater or brackish groundwater desalination  | 
      
      
        | 
           
			 | 
        in the state. | 
      
      
        | 
           
			 | 
               (b)  The board shall prepare a biennial progress report on  | 
      
      
        | 
           
			 | 
        the implementation of seawater or brackish groundwater  | 
      
      
        | 
           
			 | 
        desalination activities in the state and shall submit it to the  | 
      
      
        | 
           
			 | 
        governor, lieutenant governor, and speaker of the house of  | 
      
      
        | 
           
			 | 
        representatives not later than December 1 of each even-numbered  | 
      
      
        | 
           
			 | 
        year. The report shall include: | 
      
      
        | 
           
			 | 
                     (1)  results of the board's studies and activities  | 
      
      
        | 
           
			 | 
        relative to seawater or brackish groundwater desalination during  | 
      
      
        | 
           
			 | 
        the preceding biennium; | 
      
      
        | 
           
			 | 
                     (2)  identification and evaluation of research,  | 
      
      
        | 
           
			 | 
        regulatory, technical, and financial impediments to the  | 
      
      
        | 
           
			 | 
        implementation of seawater or brackish groundwater desalination  | 
      
      
        | 
           
			 | 
        projects; | 
      
      
        | 
           
			 | 
                     (3)  evaluation of the role the state should play in  | 
      
      
        | 
           
			 | 
        furthering the development of large-scale seawater or brackish  | 
      
      
        | 
           
			 | 
        groundwater desalination projects in the state; | 
      
      
        | 
           
			 | 
                     (4)  the anticipated appropriation from general  | 
      
      
        | 
           
			 | 
        revenues necessary to continue investigating water desalination  | 
      
      
        | 
           
			 | 
        activities in the state during the next biennium; and | 
      
      
        | 
           
			 | 
                     (5)  identification and designation of local or  | 
      
      
        | 
           
			 | 
        regional brackish groundwater production zones in areas of the  | 
      
      
        | 
           
			 | 
        state with moderate to high availability and productivity of  | 
      
      
        | 
           
			 | 
        brackish groundwater that can be used to reduce the use of fresh  | 
      
      
        | 
           
			 | 
        groundwater and that: | 
      
      
        | 
           
			 | 
                           (A)  are separated by hydrogeologic barriers  | 
      
      
        | 
           
			 | 
        sufficient to prevent significant impacts to water availability or  | 
      
      
        | 
           
			 | 
        water quality in any area of the same or other aquifers,  | 
      
      
        | 
           
			 | 
        subdivisions of aquifers, or geologic strata that have an average  | 
      
      
        | 
           
			 | 
        total dissolved solids level of 1,000 milligrams per liter or less  | 
      
      
        | 
           
			 | 
        at the time of designation of the zones; and | 
      
      
        | 
           
			 | 
                           (B)  are not located in: | 
      
      
        | 
           
			 | 
                                 (i)  an area of the Edwards Aquifer subject  | 
      
      
        | 
           
			 | 
        to the jurisdiction of the Edwards Aquifer Authority; | 
      
      
        | 
           
			 | 
                                 (ii)  the boundaries of the: | 
      
      
        | 
           
			 | 
                                       (a)  Barton Springs-Edwards Aquifer  | 
      
      
        | 
           
			 | 
        Conservation District; | 
      
      
        | 
           
			 | 
                                       (b)  Harris-Galveston Subsidence  | 
      
      
        | 
           
			 | 
        District; or | 
      
      
        | 
           
			 | 
                                       (c)  Fort Bend Subsidence District; | 
      
      
        | 
           
			 | 
                                 (iii)  an aquifer, subdivision of an  | 
      
      
        | 
           
			 | 
        aquifer, or geologic stratum that: | 
      
      
        | 
           
			 | 
                                       (a)  has an average total dissolved  | 
      
      
        | 
           
			 | 
        solids level of more than 1,000 milligrams per liter; and | 
      
      
        | 
           
			 | 
                                       (b)  is serving as a significant source  | 
      
      
        | 
           
			 | 
        of water supply for municipal, domestic, or agricultural purposes  | 
      
      
        | 
           
			 | 
        at the time of designation of the zones; or | 
      
      
        | 
           
			 | 
                                 (iv)  an area of a geologic stratum that is  | 
      
      
        | 
           
			 | 
        designated or used for wastewater injection through the use of  | 
      
      
        | 
           
			 | 
        injection wells or disposal wells permitted under Chapter 27. | 
      
      
        | 
           
			 | 
               (c)  The board shall actively pursue federal sources of  | 
      
      
        | 
           
			 | 
        funding for desalination projects in the state. | 
      
      
        | 
           
			 | 
               (d)  The board shall work together with groundwater  | 
      
      
        | 
           
			 | 
        conservation districts and stakeholders and shall consider the  | 
      
      
        | 
           
			 | 
        Brackish Groundwater Manual for Texas Regional Water Planning  | 
      
      
        | 
           
			 | 
        Groups, and any updates to the manual, and other relevant  | 
      
      
        | 
           
			 | 
        scientific data or findings when identifying and designating  | 
      
      
        | 
           
			 | 
        brackish groundwater production zones under Subsection (b)(5). | 
      
      
        | 
           
			 | 
               (e)  In designating a brackish groundwater production zone  | 
      
      
        | 
           
			 | 
        under this section, the board shall: | 
      
      
        | 
           
			 | 
                     (1)  determine the amount of brackish groundwater that  | 
      
      
        | 
           
			 | 
        the zone is capable of producing over a 30-year period and a 50-year  | 
      
      
        | 
           
			 | 
        period without causing a significant impact to water availability  | 
      
      
        | 
           
			 | 
        or water quality as described by Subsection (b)(5)(A); and | 
      
      
        | 
           
			 | 
                     (2)  include in the designation description: | 
      
      
        | 
           
			 | 
                           (A)  the amounts of brackish groundwater that the  | 
      
      
        | 
           
			 | 
        zone is capable of producing during the periods described by  | 
      
      
        | 
           
			 | 
        Subdivision (1); and | 
      
      
        | 
           
			 | 
                           (B)  recommendations regarding reasonable  | 
      
      
        | 
           
			 | 
        monitoring to observe the effects of brackish groundwater  | 
      
      
        | 
           
			 | 
        production within the zone. | 
      
      
        | 
           
			 | 
               SECTION 19.003.  Section 36.001(31), Water Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 415 (H.B. 2767), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is repealed as duplicative of Section 36.001(31),  | 
      
      
        | 
           
			 | 
        Water Code, as added by Chapter 308 (S.B. 854), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015. | 
      
      
        | 
           
			 | 
        ARTICLE 20.  CHANGES RELATING TO THE DISPOSITION OF CERTAIN  | 
      
      
        | 
           
			 | 
        CIVIL STATUTES | 
      
      
        | 
           
			 | 
               SECTION 20.001.  (a)  Section 86.17, Education Code, is  | 
      
      
        | 
           
			 | 
        repealed to conform to Chapter 570 (H.B. 1323), Acts of the 62nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1971. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 570 (H.B. 1323), Acts of the 62nd  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 1971, is repealed as executed. | 
      
      
        | 
           
			 | 
               SECTION 20.002.  (a)  The Health and Safety Code is amended  | 
      
      
        | 
           
			 | 
        to codify the Texas Environmental, Health, and Safety Audit  | 
      
      
        | 
           
			 | 
        Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) by  | 
      
      
        | 
           
			 | 
        adding Title 13 to read as follows: | 
      
      
        | 
           
			 | 
        TITLE 13.  ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT | 
      
      
        | 
           
			 | 
        CHAPTER 1101.  ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE  | 
      
      
        | 
           
			 | 
        ACT | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 1101.001.  SHORT TITLE.  This chapter may be cited as  | 
      
      
        | 
           
			 | 
        the Texas Environmental, Health, and Safety Audit Privilege Act.   | 
      
      
        | 
           
			 | 
        (Acts 74th Leg., R.S., Ch. 219, Sec. 1.) | 
      
      
        | 
           
			 | 
               Sec. 1101.002.  PURPOSE; CIRCUMVENTION BY RULE PROHIBITED.   | 
      
      
        | 
           
			 | 
        (a)  The purpose of this chapter is to encourage voluntary  | 
      
      
        | 
           
			 | 
        compliance with environmental and occupational health and safety  | 
      
      
        | 
           
			 | 
        laws. | 
      
      
        | 
           
			 | 
               (b)  A regulatory agency may not adopt a rule or impose a  | 
      
      
        | 
           
			 | 
        condition that circumvents the purpose of this chapter.  (Acts 74th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 219, Secs. 2, 11.) | 
      
      
        | 
           
			 | 
               Sec. 1101.003.  DEFINITIONS.  (a)  In this chapter: | 
      
      
        | 
           
			 | 
                     (1)  "Acquisition closing date" means the date on which  | 
      
      
        | 
           
			 | 
        ownership of, or a direct or indirect majority interest in the  | 
      
      
        | 
           
			 | 
        ownership of, a regulated facility or operation is acquired in an  | 
      
      
        | 
           
			 | 
        asset purchase, equity purchase, merger, or similar transaction. | 
      
      
        | 
           
			 | 
                     (2)  "Audit report" means an audit report described by  | 
      
      
        | 
           
			 | 
        Section 1101.051. | 
      
      
        | 
           
			 | 
                     (3)  "Environmental or health and safety audit" or  | 
      
      
        | 
           
			 | 
        "audit" means a systematic voluntary evaluation, review, or  | 
      
      
        | 
           
			 | 
        assessment of compliance with environmental or health and safety  | 
      
      
        | 
           
			 | 
        laws or with any permit issued under an environmental or health and  | 
      
      
        | 
           
			 | 
        safety law conducted by an owner or operator, an employee of an  | 
      
      
        | 
           
			 | 
        owner or operator, a person, including an employee or independent  | 
      
      
        | 
           
			 | 
        contractor of the person, that is considering the acquisition of a  | 
      
      
        | 
           
			 | 
        regulated facility or operation, or an independent contractor of: | 
      
      
        | 
           
			 | 
                           (A)  a regulated facility or operation; or | 
      
      
        | 
           
			 | 
                           (B)  an activity at a regulated facility or  | 
      
      
        | 
           
			 | 
        operation. | 
      
      
        | 
           
			 | 
                     (4)  "Environmental or health and safety law" means: | 
      
      
        | 
           
			 | 
                           (A)  a federal or state environmental or  | 
      
      
        | 
           
			 | 
        occupational health and safety law; or | 
      
      
        | 
           
			 | 
                           (B)  a rule, regulation, or regional or local law  | 
      
      
        | 
           
			 | 
        adopted in conjunction with a law described by Paragraph (A). | 
      
      
        | 
           
			 | 
                     (5)  "Owner or operator" means a person who owns or  | 
      
      
        | 
           
			 | 
        operates a regulated facility or operation. | 
      
      
        | 
           
			 | 
                     (6)  "Penalty" means an administrative, civil, or  | 
      
      
        | 
           
			 | 
        criminal sanction imposed by the state to punish a person for a  | 
      
      
        | 
           
			 | 
        violation of a statute or rule.  The term does not include a  | 
      
      
        | 
           
			 | 
        technical or remedial provision ordered by a regulatory authority. | 
      
      
        | 
           
			 | 
                     (7)  "Regulated facility or operation" means a facility  | 
      
      
        | 
           
			 | 
        or operation that is regulated under an environmental or health and  | 
      
      
        | 
           
			 | 
        safety law. | 
      
      
        | 
           
			 | 
               (b)  A person acts intentionally for purposes of this chapter  | 
      
      
        | 
           
			 | 
        if the person acts intentionally within the meaning of Section  | 
      
      
        | 
           
			 | 
        6.03, Penal Code. | 
      
      
        | 
           
			 | 
               (c)  For purposes of this chapter, a person acts knowingly,  | 
      
      
        | 
           
			 | 
        or with knowledge, with respect to the nature of the person's  | 
      
      
        | 
           
			 | 
        conduct when the person is aware of the person's physical acts.  A  | 
      
      
        | 
           
			 | 
        person acts knowingly, or with knowledge, with respect to the  | 
      
      
        | 
           
			 | 
        result of the person's conduct when the person is aware that the  | 
      
      
        | 
           
			 | 
        conduct will cause the result. | 
      
      
        | 
           
			 | 
               (d)  A person acts recklessly or is reckless for purposes of  | 
      
      
        | 
           
			 | 
        this chapter if the person acts recklessly or is reckless within the  | 
      
      
        | 
           
			 | 
        meaning of Section 6.03, Penal Code. | 
      
      
        | 
           
			 | 
               (e)  To fully implement the privilege established by this  | 
      
      
        | 
           
			 | 
        chapter, the term "environmental or health and safety law" shall be  | 
      
      
        | 
           
			 | 
        construed broadly.  (Acts 74th Leg., R.S., Ch. 219, Sec. 3.) | 
      
      
        | 
           
			 | 
               Sec. 1101.004.   APPLICABILITY.  The privilege established  | 
      
      
        | 
           
			 | 
        by this chapter applies to environmental or health and safety  | 
      
      
        | 
           
			 | 
        audits that are conducted on or after May 23, 1995.  (Acts 74th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 219, Sec. 12.) | 
      
      
        | 
           
			 | 
               Sec. 1101.005.  RELATIONSHIP TO OTHER RECOGNIZED  | 
      
      
        | 
           
			 | 
        PRIVILEGES. This chapter does not limit, waive, or abrogate the  | 
      
      
        | 
           
			 | 
        scope or nature of any statutory or common law privilege, including  | 
      
      
        | 
           
			 | 
        the work product doctrine and the attorney-client privilege.  (Acts  | 
      
      
        | 
           
			 | 
        74th Leg., R.S., Ch. 219, Sec. 13.) | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  GENERAL AUDIT PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 1101.051.  AUDIT REPORT.  (a)  An audit report is a  | 
      
      
        | 
           
			 | 
        report that includes each document and communication, other than  | 
      
      
        | 
           
			 | 
        those described by Section 1101.102, produced from an environmental  | 
      
      
        | 
           
			 | 
        or health and safety audit. | 
      
      
        | 
           
			 | 
               (b)  General components that may be contained in a completed  | 
      
      
        | 
           
			 | 
        audit report include: | 
      
      
        | 
           
			 | 
                     (1)  a report prepared by an auditor, monitor, or  | 
      
      
        | 
           
			 | 
        similar person, which may include: | 
      
      
        | 
           
			 | 
                           (A)  a description of the scope of the audit; | 
      
      
        | 
           
			 | 
                           (B)  the information gained in the audit and  | 
      
      
        | 
           
			 | 
        findings, conclusions, and recommendations; and | 
      
      
        | 
           
			 | 
                           (C)  exhibits and appendices; | 
      
      
        | 
           
			 | 
                     (2)  memoranda and documents analyzing all or a portion  | 
      
      
        | 
           
			 | 
        of the materials described by Subdivision (1) or discussing  | 
      
      
        | 
           
			 | 
        implementation issues; and | 
      
      
        | 
           
			 | 
                     (3)  an implementation plan or tracking system to  | 
      
      
        | 
           
			 | 
        correct past noncompliance, improve current compliance, or prevent  | 
      
      
        | 
           
			 | 
        future noncompliance. | 
      
      
        | 
           
			 | 
               (c)  The types of exhibits and appendices that may be  | 
      
      
        | 
           
			 | 
        contained in an audit report include supporting information that is  | 
      
      
        | 
           
			 | 
        collected or developed for the primary purpose of and in the course  | 
      
      
        | 
           
			 | 
        of an environmental or health and safety audit, including: | 
      
      
        | 
           
			 | 
                     (1)  interviews with current or former employees; | 
      
      
        | 
           
			 | 
                     (2)  field notes and records of observations; | 
      
      
        | 
           
			 | 
                     (3)  findings, opinions, suggestions, conclusions,  | 
      
      
        | 
           
			 | 
        guidance, notes, drafts, and memoranda; | 
      
      
        | 
           
			 | 
                     (4)  legal analyses; | 
      
      
        | 
           
			 | 
                     (5)  drawings; | 
      
      
        | 
           
			 | 
                     (6)  photographs; | 
      
      
        | 
           
			 | 
                     (7)  laboratory analyses and other analytical data; | 
      
      
        | 
           
			 | 
                     (8)  computer-generated or electronically recorded  | 
      
      
        | 
           
			 | 
        information; | 
      
      
        | 
           
			 | 
                     (9)  maps, charts, graphs, and surveys; and | 
      
      
        | 
           
			 | 
                     (10)  other communications associated with an  | 
      
      
        | 
           
			 | 
        environmental or health and safety audit. | 
      
      
        | 
           
			 | 
               (d)  To facilitate identification, each document in an audit  | 
      
      
        | 
           
			 | 
        report should be labeled "COMPLIANCE REPORT:  PRIVILEGED DOCUMENT"  | 
      
      
        | 
           
			 | 
        or labeled with words of similar import.  Failure to label a  | 
      
      
        | 
           
			 | 
        document under this section does not constitute a waiver of the  | 
      
      
        | 
           
			 | 
        privilege established by this chapter or create a presumption that  | 
      
      
        | 
           
			 | 
        the privilege does or does not apply.  (Acts 74th Leg., R.S., Ch.  | 
      
      
        | 
           
			 | 
        219, Secs. 4(a), (b), (c), (d).) | 
      
      
        | 
           
			 | 
               Sec. 1101.052.  PERIOD FOR COMPLETION OF AUDIT.  (a)  Unless  | 
      
      
        | 
           
			 | 
        an extension is approved by the governmental entity with regulatory  | 
      
      
        | 
           
			 | 
        authority over the regulated facility or operation based on  | 
      
      
        | 
           
			 | 
        reasonable grounds, an environmental or health and safety audit  | 
      
      
        | 
           
			 | 
        must be completed within a reasonable time not to exceed six months  | 
      
      
        | 
           
			 | 
        after: | 
      
      
        | 
           
			 | 
                     (1)  the date the audit is initiated; or | 
      
      
        | 
           
			 | 
                     (2)  the acquisition closing date, if the person  | 
      
      
        | 
           
			 | 
        continues the audit under Section 1101.053. | 
      
      
        | 
           
			 | 
               (b)  Subsection (a)(1) does not apply to an environmental or  | 
      
      
        | 
           
			 | 
        health and safety audit conducted before the acquisition closing  | 
      
      
        | 
           
			 | 
        date by a person that is considering the acquisition of the  | 
      
      
        | 
           
			 | 
        regulated facility or operation.  (Acts 74th Leg., R.S., Ch. 219,  | 
      
      
        | 
           
			 | 
        Secs. 4(e), (f).) | 
      
      
        | 
           
			 | 
               Sec. 1101.053.  CONTINUATION OF AUDIT BEGUN BEFORE  | 
      
      
        | 
           
			 | 
        ACQUISITION CLOSING DATE.  A person that begins an environmental or  | 
      
      
        | 
           
			 | 
        health and safety audit before becoming the owner of a regulated  | 
      
      
        | 
           
			 | 
        facility or operation may continue the audit after the acquisition  | 
      
      
        | 
           
			 | 
        closing date if the person gives notice under Section 1101.155.   | 
      
      
        | 
           
			 | 
        (Acts 74th Leg., R.S., Ch. 219, Sec. 4(d-1).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  PRIVILEGE | 
      
      
        | 
           
			 | 
               Sec. 1101.101.  SCOPE OF PRIVILEGE.  (a)  An audit report is  | 
      
      
        | 
           
			 | 
        privileged as provided by this section. | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Sections 1101.102, 1101.103, and  | 
      
      
        | 
           
			 | 
        1101.104, any part of an audit report is privileged and is not  | 
      
      
        | 
           
			 | 
        admissible as evidence or subject to discovery in: | 
      
      
        | 
           
			 | 
                     (1)  a civil action, whether legal or equitable; or | 
      
      
        | 
           
			 | 
                     (2)  an administrative proceeding. | 
      
      
        | 
           
			 | 
               (c)  A person, when called or subpoenaed as a witness, may  | 
      
      
        | 
           
			 | 
        not be compelled to testify or produce a document related to an  | 
      
      
        | 
           
			 | 
        environmental or health and safety audit if: | 
      
      
        | 
           
			 | 
                     (1)  the testimony or document discloses any item  | 
      
      
        | 
           
			 | 
        listed in Section 1101.051 that was made as part of the preparation  | 
      
      
        | 
           
			 | 
        of an audit report and that is addressed in a privileged part of an  | 
      
      
        | 
           
			 | 
        audit report;  and | 
      
      
        | 
           
			 | 
                     (2)  the person is: | 
      
      
        | 
           
			 | 
                           (A)  a person who conducted any portion of the  | 
      
      
        | 
           
			 | 
        audit but did not personally observe the physical events; | 
      
      
        | 
           
			 | 
                           (B)  a person to whom the audit results are  | 
      
      
        | 
           
			 | 
        disclosed under Section 1101.103(b); or | 
      
      
        | 
           
			 | 
                           (C)  a custodian of the audit results. | 
      
      
        | 
           
			 | 
               (d)  A person who conducts or participates in the preparation  | 
      
      
        | 
           
			 | 
        of an environmental or health and safety audit and who has actually  | 
      
      
        | 
           
			 | 
        observed physical events of violation may testify about those  | 
      
      
        | 
           
			 | 
        events but may not be compelled to testify about or produce  | 
      
      
        | 
           
			 | 
        documents related to the preparation of or any privileged part of an  | 
      
      
        | 
           
			 | 
        environmental or health and safety audit or any item listed in  | 
      
      
        | 
           
			 | 
        Section 1101.051. | 
      
      
        | 
           
			 | 
               (e)  An employee of a state agency may not request, review,  | 
      
      
        | 
           
			 | 
        or otherwise use an audit report during an agency inspection of a  | 
      
      
        | 
           
			 | 
        regulated facility or operation or an activity of a regulated  | 
      
      
        | 
           
			 | 
        facility or operation. | 
      
      
        | 
           
			 | 
               (f)  A party asserting the privilege created by this section  | 
      
      
        | 
           
			 | 
        has the burden of establishing the applicability of the privilege.  | 
      
      
        | 
           
			 | 
        (Acts 74th Leg., R.S., Ch. 219, Sec. 5.) | 
      
      
        | 
           
			 | 
               Sec. 1101.102.  NONPRIVILEGED MATERIALS.  (a)  The  | 
      
      
        | 
           
			 | 
        privilege established by Section 1101.101 does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a document, communication, datum, or report or  | 
      
      
        | 
           
			 | 
        other information required by a regulatory agency to be collected,  | 
      
      
        | 
           
			 | 
        developed, maintained, or reported under a federal or state  | 
      
      
        | 
           
			 | 
        environmental or health and safety law; | 
      
      
        | 
           
			 | 
                     (2)  information obtained by observation, sampling, or  | 
      
      
        | 
           
			 | 
        monitoring by a regulatory agency; or | 
      
      
        | 
           
			 | 
                     (3)  information obtained from a source not involved in  | 
      
      
        | 
           
			 | 
        the preparation of the audit report. | 
      
      
        | 
           
			 | 
               (b)  This section does not limit the right of a person to  | 
      
      
        | 
           
			 | 
        agree to conduct and disclose an audit report. (Acts 74th Leg.,  | 
      
      
        | 
           
			 | 
        R.S., Ch. 219, Sec. 8.) | 
      
      
        | 
           
			 | 
               Sec. 1101.103.  EXCEPTION:  WAIVER.  (a)  The privilege  | 
      
      
        | 
           
			 | 
        established by Section 1101.101 does not apply to the extent the  | 
      
      
        | 
           
			 | 
        privilege is expressly waived by the owner or operator who prepared  | 
      
      
        | 
           
			 | 
        the audit report or caused the report to be prepared. | 
      
      
        | 
           
			 | 
               (b)  Disclosure of an audit report or any information  | 
      
      
        | 
           
			 | 
        generated by an environmental or health and safety audit does not  | 
      
      
        | 
           
			 | 
        waive the privilege established by Section 1101.101 if the  | 
      
      
        | 
           
			 | 
        disclosure: | 
      
      
        | 
           
			 | 
                     (1)  is made to address or correct a matter raised by  | 
      
      
        | 
           
			 | 
        the audit and is made only to: | 
      
      
        | 
           
			 | 
                           (A)  a person employed by the owner or operator,  | 
      
      
        | 
           
			 | 
        including a temporary or contract employee; | 
      
      
        | 
           
			 | 
                           (B)  a legal representative of the owner or  | 
      
      
        | 
           
			 | 
        operator; | 
      
      
        | 
           
			 | 
                           (C)  an officer or director of the regulated  | 
      
      
        | 
           
			 | 
        facility or operation or a partner of the owner or operator; | 
      
      
        | 
           
			 | 
                           (D)  an independent contractor of the owner or  | 
      
      
        | 
           
			 | 
        operator; | 
      
      
        | 
           
			 | 
                           (E)  a person considering the acquisition of the  | 
      
      
        | 
           
			 | 
        regulated facility or operation that is the subject of the audit; or | 
      
      
        | 
           
			 | 
                           (F)  an employee, temporary employee, contract  | 
      
      
        | 
           
			 | 
        employee, legal representative, officer, director, partner, or  | 
      
      
        | 
           
			 | 
        independent contractor of a person described by Paragraph (E); | 
      
      
        | 
           
			 | 
                     (2)  is made under the terms of a confidentiality  | 
      
      
        | 
           
			 | 
        agreement between the person for whom the audit report was prepared  | 
      
      
        | 
           
			 | 
        or the owner or operator of the audited facility or operation and: | 
      
      
        | 
           
			 | 
                           (A)  a partner or potential partner of the owner  | 
      
      
        | 
           
			 | 
        or operator of the facility or operation; | 
      
      
        | 
           
			 | 
                           (B)  a transferee or potential transferee of the  | 
      
      
        | 
           
			 | 
        facility or operation; | 
      
      
        | 
           
			 | 
                           (C)  a lender or potential lender for the facility  | 
      
      
        | 
           
			 | 
        or operation; | 
      
      
        | 
           
			 | 
                           (D)  a governmental official of a state; or | 
      
      
        | 
           
			 | 
                           (E)  a person engaged in the business of insuring,  | 
      
      
        | 
           
			 | 
        underwriting, or indemnifying the facility or operation; or | 
      
      
        | 
           
			 | 
                     (3)  is made under a claim of confidentiality to a  | 
      
      
        | 
           
			 | 
        governmental official or agency by the person for whom the audit  | 
      
      
        | 
           
			 | 
        report was prepared or by the owner or operator. | 
      
      
        | 
           
			 | 
               (c)  A party to a confidentiality agreement described by  | 
      
      
        | 
           
			 | 
        Subsection (b)(2) who violates that agreement is liable for damages  | 
      
      
        | 
           
			 | 
        caused by the disclosure and for any other penalties stipulated in  | 
      
      
        | 
           
			 | 
        the confidentiality agreement. | 
      
      
        | 
           
			 | 
               (d)  Information that is disclosed under Subsection (b)(3)  | 
      
      
        | 
           
			 | 
        is confidential and is not subject to disclosure under Chapter 552,  | 
      
      
        | 
           
			 | 
        Government Code.  A public entity, public employee, or public  | 
      
      
        | 
           
			 | 
        official who discloses information in violation of this subsection  | 
      
      
        | 
           
			 | 
        is subject to any penalty provided by Chapter 552, Government Code.  | 
      
      
        | 
           
			 | 
        It is an affirmative defense to the clerical dissemination of a  | 
      
      
        | 
           
			 | 
        privileged audit report that the report was not clearly labeled  | 
      
      
        | 
           
			 | 
        "COMPLIANCE REPORT:  PRIVILEGED DOCUMENT" or labeled with words of  | 
      
      
        | 
           
			 | 
        similar import.  The lack of labeling may not be raised as a defense  | 
      
      
        | 
           
			 | 
        if the entity, employee, or official knew or had reason to know that  | 
      
      
        | 
           
			 | 
        the document was a privileged audit report. | 
      
      
        | 
           
			 | 
               (e)  This section may not be construed to circumvent the  | 
      
      
        | 
           
			 | 
        protections provided by federal or state law for individuals who  | 
      
      
        | 
           
			 | 
        disclose information to law enforcement authorities. (Acts 74th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 219, Sec. 6.) | 
      
      
        | 
           
			 | 
               Sec. 1101.104.  EXCEPTION:  DISCLOSURE REQUIRED BY COURT OR  | 
      
      
        | 
           
			 | 
        ADMINISTRATIVE HEARINGS OFFICIAL.  (a)  A court or administrative  | 
      
      
        | 
           
			 | 
        hearings official with competent jurisdiction may require  | 
      
      
        | 
           
			 | 
        disclosure of a portion of an audit report in a civil or  | 
      
      
        | 
           
			 | 
        administrative proceeding if the court or administrative hearings  | 
      
      
        | 
           
			 | 
        official determines, after an in camera review consistent with the  | 
      
      
        | 
           
			 | 
        appropriate rules of procedure, that: | 
      
      
        | 
           
			 | 
                     (1)  the privilege is asserted for a fraudulent  | 
      
      
        | 
           
			 | 
        purpose; | 
      
      
        | 
           
			 | 
                     (2)  the portion of the audit report is not subject to  | 
      
      
        | 
           
			 | 
        the privilege by application of Section 1101.102; or | 
      
      
        | 
           
			 | 
                     (3)  the portion of the audit report shows evidence of  | 
      
      
        | 
           
			 | 
        noncompliance with an environmental or health and safety law and  | 
      
      
        | 
           
			 | 
        appropriate efforts to achieve compliance with the law were not  | 
      
      
        | 
           
			 | 
        promptly initiated and pursued with reasonable diligence after  | 
      
      
        | 
           
			 | 
        discovery of noncompliance. | 
      
      
        | 
           
			 | 
               (b)  A party seeking disclosure under this section has the  | 
      
      
        | 
           
			 | 
        burden of proving that Subsection (a)(1), (2), or (3) applies. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding Chapter 2001, Government Code, a  | 
      
      
        | 
           
			 | 
        decision of an administrative hearings official under Subsection  | 
      
      
        | 
           
			 | 
        (a)(1), (2), or (3) of this section is directly appealable to a  | 
      
      
        | 
           
			 | 
        court of competent jurisdiction without disclosure of the audit  | 
      
      
        | 
           
			 | 
        report to any person unless so ordered by the court. | 
      
      
        | 
           
			 | 
               (d)  A person claiming the privilege is subject to sanctions  | 
      
      
        | 
           
			 | 
        as provided by Rule 215 of the Texas Rules of Civil Procedure or to a  | 
      
      
        | 
           
			 | 
        fine not to exceed $10,000 if the court finds, consistent with  | 
      
      
        | 
           
			 | 
        fundamental due process, that the person intentionally or knowingly  | 
      
      
        | 
           
			 | 
        claimed the privilege for information that, by application of  | 
      
      
        | 
           
			 | 
        Section 1101.102, is not subject to the privilege. | 
      
      
        | 
           
			 | 
               (e)  A determination of a court under this section is subject  | 
      
      
        | 
           
			 | 
        to interlocutory appeal to an appropriate appellate court. (Acts  | 
      
      
        | 
           
			 | 
        74th Leg., R.S., Ch. 219, Sec. 7.) | 
      
      
        | 
           
			 | 
               Sec. 1101.105.  REVIEW OF PRIVILEGED DOCUMENTS BY  | 
      
      
        | 
           
			 | 
        GOVERNMENTAL AUTHORITY.  (a)  If an audit report is obtained,  | 
      
      
        | 
           
			 | 
        reviewed, or used in a criminal proceeding, the administrative or  | 
      
      
        | 
           
			 | 
        civil evidentiary privilege established by Section 1101.101 is not  | 
      
      
        | 
           
			 | 
        waived or eliminated for any other purpose. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding the privilege established by Section  | 
      
      
        | 
           
			 | 
        1101.101, a regulatory agency may review information that is  | 
      
      
        | 
           
			 | 
        required to be available under a specific state or federal law, but  | 
      
      
        | 
           
			 | 
        that review does not waive or eliminate the administrative or civil  | 
      
      
        | 
           
			 | 
        evidentiary privilege if applicable. | 
      
      
        | 
           
			 | 
               (c)  If information is required to be available to the public  | 
      
      
        | 
           
			 | 
        by operation of a specific state or federal law, the governmental  | 
      
      
        | 
           
			 | 
        authority shall notify the person claiming the privilege of the  | 
      
      
        | 
           
			 | 
        potential for public disclosure before obtaining the information  | 
      
      
        | 
           
			 | 
        under Subsection (a) or (b). | 
      
      
        | 
           
			 | 
               (d)  If privileged information is disclosed under Subsection  | 
      
      
        | 
           
			 | 
        (b) or (c), on the motion of a party, a court or the appropriate  | 
      
      
        | 
           
			 | 
        administrative official shall suppress evidence offered in any  | 
      
      
        | 
           
			 | 
        civil or administrative proceeding that arises or is derived from  | 
      
      
        | 
           
			 | 
        review, disclosure, or use of information obtained under this  | 
      
      
        | 
           
			 | 
        section unless the review, disclosure, or use is authorized under  | 
      
      
        | 
           
			 | 
        Section 1101.102.  A party having received information under  | 
      
      
        | 
           
			 | 
        Subsection (b) or (c) has the burden of proving that the evidence  | 
      
      
        | 
           
			 | 
        offered did not arise and was not derived from the review of  | 
      
      
        | 
           
			 | 
        privileged information. (Acts 74th Leg., R.S., Ch. 219, Sec. 9.) | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  VOLUNTARY DISCLOSURE; IMMUNITY | 
      
      
        | 
           
			 | 
               Sec. 1101.151.  IMMUNITY FOR VIOLATION VOLUNTARILY  | 
      
      
        | 
           
			 | 
        DISCLOSED.  Except as otherwise provided by this subchapter, a  | 
      
      
        | 
           
			 | 
        person who makes a voluntary disclosure of a violation of an  | 
      
      
        | 
           
			 | 
        environmental or health and safety law is immune from an  | 
      
      
        | 
           
			 | 
        administrative or civil penalty for the violation disclosed. (Acts  | 
      
      
        | 
           
			 | 
        74th Leg., R.S., Ch. 219, Sec. 10(a).) | 
      
      
        | 
           
			 | 
               Sec. 1101.152.  NATURE OF VOLUNTARY DISCLOSURE.  (a)  A  | 
      
      
        | 
           
			 | 
        disclosure is voluntary for purposes of this subchapter only if: | 
      
      
        | 
           
			 | 
                     (1)  the disclosure was made: | 
      
      
        | 
           
			 | 
                           (A)  promptly after knowledge of the information  | 
      
      
        | 
           
			 | 
        disclosed is obtained by the person making the disclosure; or | 
      
      
        | 
           
			 | 
                           (B)  not later than the 45th day after the  | 
      
      
        | 
           
			 | 
        acquisition closing date, if the violation was discovered during an  | 
      
      
        | 
           
			 | 
        audit conducted before the acquisition closing date by a person  | 
      
      
        | 
           
			 | 
        considering the acquisition of the regulated facility or operation; | 
      
      
        | 
           
			 | 
                     (2)  the disclosure was made in writing by certified  | 
      
      
        | 
           
			 | 
        mail to an agency that has regulatory authority with regard to the  | 
      
      
        | 
           
			 | 
        violation disclosed; | 
      
      
        | 
           
			 | 
                     (3)  an investigation of the violation was not  | 
      
      
        | 
           
			 | 
        initiated or the violation was not independently detected by an  | 
      
      
        | 
           
			 | 
        agency with enforcement jurisdiction before the disclosure was made  | 
      
      
        | 
           
			 | 
        using certified mail; | 
      
      
        | 
           
			 | 
                     (4)  the disclosure arises out of a voluntary  | 
      
      
        | 
           
			 | 
        environmental or health and safety audit; | 
      
      
        | 
           
			 | 
                     (5)  the person making the disclosure initiates an  | 
      
      
        | 
           
			 | 
        appropriate effort to achieve compliance, pursues that effort with  | 
      
      
        | 
           
			 | 
        due diligence, and corrects the noncompliance within a reasonable  | 
      
      
        | 
           
			 | 
        time; | 
      
      
        | 
           
			 | 
                     (6)  the person making the disclosure cooperates with  | 
      
      
        | 
           
			 | 
        the appropriate agency in connection with an investigation of the  | 
      
      
        | 
           
			 | 
        issues identified in the disclosure; and | 
      
      
        | 
           
			 | 
                     (7)  the violation did not result in: | 
      
      
        | 
           
			 | 
                           (A)  injury or imminent and substantial risk of  | 
      
      
        | 
           
			 | 
        serious injury to one or more persons at the site; or | 
      
      
        | 
           
			 | 
                           (B)  off-site substantial actual harm or imminent  | 
      
      
        | 
           
			 | 
        and substantial risk of harm to persons, property, or the  | 
      
      
        | 
           
			 | 
        environment. | 
      
      
        | 
           
			 | 
               (b)  For a disclosure described by Subsection (a)(1)(B), the  | 
      
      
        | 
           
			 | 
        person making the disclosure must certify in the disclosure that  | 
      
      
        | 
           
			 | 
        before the acquisition closing date: | 
      
      
        | 
           
			 | 
                     (1)  the person was not responsible for the  | 
      
      
        | 
           
			 | 
        environmental, health, or safety compliance at the regulated  | 
      
      
        | 
           
			 | 
        facility or operation that is subject to the disclosure; | 
      
      
        | 
           
			 | 
                     (2)  the person did not have the largest ownership  | 
      
      
        | 
           
			 | 
        share of the seller; | 
      
      
        | 
           
			 | 
                     (3)  the seller did not have the largest ownership  | 
      
      
        | 
           
			 | 
        share of the person; and | 
      
      
        | 
           
			 | 
                     (4)  the person and the seller did not have a common  | 
      
      
        | 
           
			 | 
        corporate parent or a common majority interest owner. | 
      
      
        | 
           
			 | 
               (c)  A disclosure is not voluntary for purposes of this  | 
      
      
        | 
           
			 | 
        subchapter if the disclosure is a report to a regulatory agency  | 
      
      
        | 
           
			 | 
        required solely by a specific condition of an enforcement order or  | 
      
      
        | 
           
			 | 
        decree.  (Acts 74th Leg., R.S., Ch. 219, Secs. 10(b), (b-1), (c).) | 
      
      
        | 
           
			 | 
               Sec. 1101.153.  BURDEN OF PROOF WITH RESPECT TO VOLUNTARY  | 
      
      
        | 
           
			 | 
        DISCLOSURE.  (a)  In a civil or administrative enforcement action  | 
      
      
        | 
           
			 | 
        brought against a person for a violation for which the person claims  | 
      
      
        | 
           
			 | 
        to have made a voluntary disclosure, the person claiming the  | 
      
      
        | 
           
			 | 
        immunity created by this subchapter has the burden of establishing  | 
      
      
        | 
           
			 | 
        a prima facie case that the disclosure was voluntary. | 
      
      
        | 
           
			 | 
               (b)  After the person claiming the immunity establishes a  | 
      
      
        | 
           
			 | 
        prima facie case of voluntary disclosure, other than a case in which  | 
      
      
        | 
           
			 | 
        immunity does not apply under Section 1101.157, the enforcement  | 
      
      
        | 
           
			 | 
        authority has the burden of rebutting the presumption by a  | 
      
      
        | 
           
			 | 
        preponderance of the evidence.  (Acts 74th Leg., R.S., Ch. 219, Sec.  | 
      
      
        | 
           
			 | 
        10(f).) | 
      
      
        | 
           
			 | 
               Sec. 1101.154.  NOTICE REQUIREMENT.  (a)  This section does  | 
      
      
        | 
           
			 | 
        not apply to an environmental or health and safety audit conducted  | 
      
      
        | 
           
			 | 
        before the acquisition closing date by a person considering the  | 
      
      
        | 
           
			 | 
        acquisition of the regulated facility or operation that is the  | 
      
      
        | 
           
			 | 
        subject of the audit. | 
      
      
        | 
           
			 | 
               (b)  To receive immunity under this subchapter, a facility  | 
      
      
        | 
           
			 | 
        conducting an environmental or health and safety audit under this  | 
      
      
        | 
           
			 | 
        chapter must provide notice to an appropriate regulatory agency of  | 
      
      
        | 
           
			 | 
        the fact that it is planning to begin the audit. | 
      
      
        | 
           
			 | 
               (c)  The notice must specify: | 
      
      
        | 
           
			 | 
                     (1)  the facility or portion of the facility to be  | 
      
      
        | 
           
			 | 
        audited; | 
      
      
        | 
           
			 | 
                     (2)  the anticipated time the audit will begin; and | 
      
      
        | 
           
			 | 
                     (3)  the general scope of the audit. | 
      
      
        | 
           
			 | 
               (d)  The notice may provide notification of more than one  | 
      
      
        | 
           
			 | 
        scheduled environmental or health and safety audit at a time.  (Acts  | 
      
      
        | 
           
			 | 
        74th Leg., R.S., Ch. 219, Sec. 10(g).) | 
      
      
        | 
           
			 | 
               Sec. 1101.155.  NOTICE REQUIREMENT FOR CERTAIN AUDITS BEGUN  | 
      
      
        | 
           
			 | 
        BEFORE ACQUISITION CLOSING DATE.  (a)  A person that begins an  | 
      
      
        | 
           
			 | 
        environmental or health and safety audit before becoming the owner  | 
      
      
        | 
           
			 | 
        of the regulated facility or operation that is the subject of the  | 
      
      
        | 
           
			 | 
        audit may continue the audit after the acquisition closing date if,  | 
      
      
        | 
           
			 | 
        not later than the 45th day after the acquisition closing date, the  | 
      
      
        | 
           
			 | 
        person provides notice to an appropriate regulatory agency of the  | 
      
      
        | 
           
			 | 
        fact that the person intends to continue an ongoing audit. | 
      
      
        | 
           
			 | 
               (b)  The notice must specify: | 
      
      
        | 
           
			 | 
                     (1)  the facility or portion of the facility being  | 
      
      
        | 
           
			 | 
        audited; | 
      
      
        | 
           
			 | 
                     (2)  the date the audit began; and | 
      
      
        | 
           
			 | 
                     (3)  the general scope of the audit. | 
      
      
        | 
           
			 | 
               (c)  The person must certify in the notice that before the  | 
      
      
        | 
           
			 | 
        acquisition closing date: | 
      
      
        | 
           
			 | 
                     (1)  the person was not responsible for the scope of the  | 
      
      
        | 
           
			 | 
        environmental, health, or safety compliance being audited at the  | 
      
      
        | 
           
			 | 
        regulated facility or operation; | 
      
      
        | 
           
			 | 
                     (2)  the person did not have the largest ownership  | 
      
      
        | 
           
			 | 
        share of the seller; | 
      
      
        | 
           
			 | 
                     (3)  the seller did not have the largest ownership  | 
      
      
        | 
           
			 | 
        share of the person; and | 
      
      
        | 
           
			 | 
                     (4)  the person and the seller did not have a common  | 
      
      
        | 
           
			 | 
        corporate parent or a common majority interest owner.  (Acts 74th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 219, Sec. 10(g-1).) | 
      
      
        | 
           
			 | 
               Sec. 1101.156.  IDENTIFICATION OF VIOLATION IN COMPLIANCE  | 
      
      
        | 
           
			 | 
        HISTORY REPORT.  A violation that has been voluntarily disclosed  | 
      
      
        | 
           
			 | 
        and to which immunity applies under this subchapter must be  | 
      
      
        | 
           
			 | 
        identified in a compliance history report as being voluntarily  | 
      
      
        | 
           
			 | 
        disclosed.  (Acts 74th Leg., R.S., Ch. 219, Sec. 10(i).) | 
      
      
        | 
           
			 | 
               Sec. 1101.157.  EXCEPTION TO IMMUNITY:  CERTAIN VIOLATIONS  | 
      
      
        | 
           
			 | 
        AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS.  (a)  The  | 
      
      
        | 
           
			 | 
        immunity established by this subchapter does not apply and an  | 
      
      
        | 
           
			 | 
        administrative or civil penalty may be imposed under applicable law  | 
      
      
        | 
           
			 | 
        if: | 
      
      
        | 
           
			 | 
                     (1)  the person who made the disclosure intentionally  | 
      
      
        | 
           
			 | 
        or knowingly committed or was responsible within the meaning of  | 
      
      
        | 
           
			 | 
        Section 7.02, Penal Code, for the commission of the disclosed  | 
      
      
        | 
           
			 | 
        violation; | 
      
      
        | 
           
			 | 
                     (2)  the person who made the disclosure recklessly  | 
      
      
        | 
           
			 | 
        committed or was responsible within the meaning of Section 7.02,  | 
      
      
        | 
           
			 | 
        Penal Code, for the commission of the disclosed violation and the  | 
      
      
        | 
           
			 | 
        violation resulted in substantial injury to one or more persons at  | 
      
      
        | 
           
			 | 
        the site or off-site harm to persons, property, or the environment; | 
      
      
        | 
           
			 | 
                     (3)  the offense was committed intentionally or  | 
      
      
        | 
           
			 | 
        knowingly by a member of the person's management or an agent of the  | 
      
      
        | 
           
			 | 
        person and the person's policies or lack of prevention systems  | 
      
      
        | 
           
			 | 
        contributed materially to the occurrence of the violation; | 
      
      
        | 
           
			 | 
                     (4)  the offense was committed recklessly by a member  | 
      
      
        | 
           
			 | 
        of the person's management or an agent of the person, the person's  | 
      
      
        | 
           
			 | 
        policies or lack of prevention systems contributed materially to  | 
      
      
        | 
           
			 | 
        the occurrence of the violation, and the violation resulted in  | 
      
      
        | 
           
			 | 
        substantial injury to one or more persons at the site or off-site  | 
      
      
        | 
           
			 | 
        harm to persons, property, or the environment; or | 
      
      
        | 
           
			 | 
                     (5)  the violation has resulted in a substantial  | 
      
      
        | 
           
			 | 
        economic benefit that gives the violator a clear advantage over its  | 
      
      
        | 
           
			 | 
        business competitors. | 
      
      
        | 
           
			 | 
               (b)  A penalty that is imposed under Subsection (a) should,  | 
      
      
        | 
           
			 | 
        to the extent appropriate, be mitigated by factors such as: | 
      
      
        | 
           
			 | 
                     (1)  the voluntariness of the disclosure; | 
      
      
        | 
           
			 | 
                     (2)  efforts by the disclosing party to conduct  | 
      
      
        | 
           
			 | 
        environmental or health and safety audits; | 
      
      
        | 
           
			 | 
                     (3)  remediation; | 
      
      
        | 
           
			 | 
                     (4)  cooperation with government officials  | 
      
      
        | 
           
			 | 
        investigating the disclosed violation; | 
      
      
        | 
           
			 | 
                     (5)  the period of ownership of the regulated facility  | 
      
      
        | 
           
			 | 
        or operation; or | 
      
      
        | 
           
			 | 
                     (6)  other relevant considerations.  (Acts 74th Leg.,  | 
      
      
        | 
           
			 | 
        R.S., Ch. 219, Secs. 10(d), (e).) | 
      
      
        | 
           
			 | 
               Sec. 1101.158.  EXCEPTION TO IMMUNITY:  VIOLATIONS THAT  | 
      
      
        | 
           
			 | 
        CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND  | 
      
      
        | 
           
			 | 
        SAFETY LAWS.  (a)  The immunity established by this subchapter does  | 
      
      
        | 
           
			 | 
        not apply if a court or administrative law judge finds that the  | 
      
      
        | 
           
			 | 
        person claiming the immunity has, after May 23, 1995, repeatedly or  | 
      
      
        | 
           
			 | 
        continuously committed significant violations and not attempted to  | 
      
      
        | 
           
			 | 
        bring the facility or operation into compliance, so as to  | 
      
      
        | 
           
			 | 
        constitute a pattern of disregard of environmental or health and  | 
      
      
        | 
           
			 | 
        safety laws. | 
      
      
        | 
           
			 | 
               (b)  For violations committed by a person to be considered a  | 
      
      
        | 
           
			 | 
        "pattern" under Subsection (a), the person must have committed a  | 
      
      
        | 
           
			 | 
        series of violations that were due to separate and distinct events  | 
      
      
        | 
           
			 | 
        occurring within a three-year period at the same facility or  | 
      
      
        | 
           
			 | 
        operation.  (Acts 74th Leg., R.S., Ch. 219, Sec. 10(h).) | 
      
      
        | 
           
			 | 
               (b)  The Texas Environmental, Health, and Safety Audit  | 
      
      
        | 
           
			 | 
        Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is  | 
      
      
        | 
           
			 | 
        repealed. | 
      
      
        | 
           
			 | 
               (c)  Section 552.125, Government Code, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               Sec. 552.125.  EXCEPTION:  CERTAIN AUDITS.  Any documents or  | 
      
      
        | 
           
			 | 
        information privileged under Chapter 1101, Health and Safety Code,  | 
      
      
        | 
           
			 | 
        [the Texas Environmental, Health, and Safety Audit Privilege Act]  | 
      
      
        | 
           
			 | 
        are excepted from the requirements of Section 552.021. | 
      
      
        | 
           
			 | 
               (d)  Section 5.125(a), Water Code, is amended to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (a)  In this section, "environmental compliance assessment"  | 
      
      
        | 
           
			 | 
        means an environmental compliance audit, pollution prevention  | 
      
      
        | 
           
			 | 
        assessment, or environmental management system audit performed by a  | 
      
      
        | 
           
			 | 
        small business.  The term does not include an audit conducted under  | 
      
      
        | 
           
			 | 
        Chapter 1101, Health and Safety Code [the Texas Environmental, 
         | 
      
      
        | 
           
			 | 
        
          Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's 
         | 
      
      
        | 
           
			 | 
        
          Texas Civil Statutes)]. | 
      
      
        | 
           
			 | 
               SECTION 20.003.  Section 2, Chapter 7 (S.B. 80), Acts of the  | 
      
      
        | 
           
			 | 
        69th Legislature, Regular Session, 1985 (Article 6819a-55,  | 
      
      
        | 
           
			 | 
        Vernon's Texas Civil Statutes), is repealed as executed. | 
      
      
        | 
           
			 | 
               SECTION 20.004.  (a)  Subtitle C, Title 10, Local Government  | 
      
      
        | 
           
			 | 
        Code, is amended to codify the Cultural Education Facilities  | 
      
      
        | 
           
			 | 
        Finance Corporation Act (Article 1528m, Vernon's Texas Civil  | 
      
      
        | 
           
			 | 
        Statutes) by adding Chapter 337 to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 337.  CULTURAL EDUCATION FACILITIES FINANCE CORPORATION | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  GENERAL PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 337.001.  SHORT TITLE.  This chapter may be cited as the  | 
      
      
        | 
           
			 | 
        Cultural Education Facilities Finance Corporation Act.  (Acts 69th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 635, Sec. 1.) | 
      
      
        | 
           
			 | 
               Sec. 337.002.  LEGISLATIVE FINDINGS.  The legislature finds  | 
      
      
        | 
           
			 | 
        that: | 
      
      
        | 
           
			 | 
                     (1)  the health, education, and general welfare of the  | 
      
      
        | 
           
			 | 
        people of this state require the development of new and expanded  | 
      
      
        | 
           
			 | 
        cultural and community facilities for the purpose of: | 
      
      
        | 
           
			 | 
                           (A)  exhibition and promotion of and education  | 
      
      
        | 
           
			 | 
        about: | 
      
      
        | 
           
			 | 
                                 (i)  performing, dramatic, visual, and  | 
      
      
        | 
           
			 | 
        literary arts; | 
      
      
        | 
           
			 | 
                                 (ii)  culture and history of races, ethnic  | 
      
      
        | 
           
			 | 
        groups, and national heritage groups; and | 
      
      
        | 
           
			 | 
                                 (iii)  history, natural history, and  | 
      
      
        | 
           
			 | 
        science; | 
      
      
        | 
           
			 | 
                           (B)  promotion of and education about health and  | 
      
      
        | 
           
			 | 
        physical fitness, public health and safety, conservation and  | 
      
      
        | 
           
			 | 
        preservation of the environment or natural resources, child care,  | 
      
      
        | 
           
			 | 
        adoption, children's services, substance abuse counseling, family  | 
      
      
        | 
           
			 | 
        counseling, and care of persons who are elderly or have  | 
      
      
        | 
           
			 | 
        disabilities; | 
      
      
        | 
           
			 | 
                           (C)  administration of the provision and granting  | 
      
      
        | 
           
			 | 
        of charitable services and grants in accomplishment of the purposes  | 
      
      
        | 
           
			 | 
        described by Paragraph (B); | 
      
      
        | 
           
			 | 
                           (D)  promotion of and education about activities  | 
      
      
        | 
           
			 | 
        devoted to general cultural improvement, including scouting  | 
      
      
        | 
           
			 | 
        programs and programs by which agencies seek to provide facilities  | 
      
      
        | 
           
			 | 
        for retreats in urban or rural settings; | 
      
      
        | 
           
			 | 
                           (E)  support of agencies devoted to the  | 
      
      
        | 
           
			 | 
        eradication, elimination, or amelioration of one or more diseases  | 
      
      
        | 
           
			 | 
        or afflictions affecting health or improving the condition of  | 
      
      
        | 
           
			 | 
        individuals or groups within a community; and | 
      
      
        | 
           
			 | 
                           (F)  provision of public health and safety and  | 
      
      
        | 
           
			 | 
        charitable services to communities in times of catastrophe or  | 
      
      
        | 
           
			 | 
        disaster; | 
      
      
        | 
           
			 | 
                     (2)  the existence, development, and expansion of  | 
      
      
        | 
           
			 | 
        cultural facilities are essential to the continuing education,  | 
      
      
        | 
           
			 | 
        health, general welfare, and comfort of the citizens of this state; | 
      
      
        | 
           
			 | 
                     (3)  the means and measures authorized and the  | 
      
      
        | 
           
			 | 
        assistance provided by this chapter are in the public interest and  | 
      
      
        | 
           
			 | 
        serve a public purpose in promoting the health, education, and  | 
      
      
        | 
           
			 | 
        general welfare of the people of this state by securing and  | 
      
      
        | 
           
			 | 
        maintaining cultural facilities and the resulting advancement of  | 
      
      
        | 
           
			 | 
        culture and civilization; | 
      
      
        | 
           
			 | 
                     (4)  qualified cultural organizations in this state  | 
      
      
        | 
           
			 | 
        have invested substantial funds in useful and beneficial cultural  | 
      
      
        | 
           
			 | 
        facilities and have experienced difficulty in undertaking  | 
      
      
        | 
           
			 | 
        additional projects because of: | 
      
      
        | 
           
			 | 
                           (A)  the partial inadequacy of their own funds or  | 
      
      
        | 
           
			 | 
        of funds potentially available from local subscription sources; and | 
      
      
        | 
           
			 | 
                           (B)  limitations of local financial institutions  | 
      
      
        | 
           
			 | 
        in providing necessary financing for these facilities; | 
      
      
        | 
           
			 | 
                     (5)  qualified nonprofit corporations in this state  | 
      
      
        | 
           
			 | 
        have invested substantial funds in useful and beneficial cultural  | 
      
      
        | 
           
			 | 
        facilities and have experienced difficulty in undertaking  | 
      
      
        | 
           
			 | 
        additional projects because of: | 
      
      
        | 
           
			 | 
                           (A)  the inadequacy of their own funds or of funds  | 
      
      
        | 
           
			 | 
        potentially available from local subscription sources; and | 
      
      
        | 
           
			 | 
                           (B)  limitations of local financial institutions  | 
      
      
        | 
           
			 | 
        in providing necessary financing for these facilities; and | 
      
      
        | 
           
			 | 
                     (6)  the enactment of this chapter will: | 
      
      
        | 
           
			 | 
                           (A)  secure for present and future generations the  | 
      
      
        | 
           
			 | 
        benefits and nurturance derived from these cultural facilities; and | 
      
      
        | 
           
			 | 
                           (B)  enhance the public health and welfare of  | 
      
      
        | 
           
			 | 
        communities receiving the benefit of the cultural facilities.   | 
      
      
        | 
           
			 | 
        (Acts 69th Leg., R.S., Ch. 635, Sec. 2(a).) | 
      
      
        | 
           
			 | 
               Sec. 337.003.  CONSTRUCTION.  (a)  This chapter shall be  | 
      
      
        | 
           
			 | 
        liberally construed to carry out the intention of the legislature. | 
      
      
        | 
           
			 | 
               (b)  If this chapter conflicts with a provision of another  | 
      
      
        | 
           
			 | 
        law, this chapter prevails. | 
      
      
        | 
           
			 | 
               (c)  It is the intent of the legislature that a corporation  | 
      
      
        | 
           
			 | 
        authorized under this chapter is a public corporation, constituted  | 
      
      
        | 
           
			 | 
        authority, and instrumentality authorized to issue bonds on behalf  | 
      
      
        | 
           
			 | 
        of the municipality or county on behalf of which the corporation is  | 
      
      
        | 
           
			 | 
        created, all within the meaning of Section 103, Internal Revenue  | 
      
      
        | 
           
			 | 
        Code of 1986, and the regulations adopted and rulings issued under  | 
      
      
        | 
           
			 | 
        that section, and this chapter shall be construed accordingly.   | 
      
      
        | 
           
			 | 
        (Acts 69th Leg., R.S., Ch. 635, Secs. 2(b), 5(a), (b) (part).) | 
      
      
        | 
           
			 | 
               Sec. 337.004.  DEFINITIONS.  In this chapter: | 
      
      
        | 
           
			 | 
                     (1)  "Board" means the board of directors of a  | 
      
      
        | 
           
			 | 
        corporation. | 
      
      
        | 
           
			 | 
                     (2)  "Bond" means a bond, note, interim certificate, or  | 
      
      
        | 
           
			 | 
        other evidence of indebtedness of a corporation issued under this  | 
      
      
        | 
           
			 | 
        chapter. | 
      
      
        | 
           
			 | 
                     (3)  "Corporation" means a cultural education  | 
      
      
        | 
           
			 | 
        facilities finance corporation created under this chapter. | 
      
      
        | 
           
			 | 
                     (4)  "Cost," as applied to a cultural facility, means  | 
      
      
        | 
           
			 | 
        the cost of the cultural facility, including: | 
      
      
        | 
           
			 | 
                           (A)  the cost of the acquisition of land or a  | 
      
      
        | 
           
			 | 
        right-of-way, an option to purchase land, an easement, a leasehold  | 
      
      
        | 
           
			 | 
        estate in land, or another interest in land related to the cultural  | 
      
      
        | 
           
			 | 
        facility; | 
      
      
        | 
           
			 | 
                           (B)  the cost of acquisition, construction,  | 
      
      
        | 
           
			 | 
        repair, renovation, remodeling, or improvement of a building or  | 
      
      
        | 
           
			 | 
        structure to be used as or in conjunction with the cultural  | 
      
      
        | 
           
			 | 
        facility; | 
      
      
        | 
           
			 | 
                           (C)  the cost of site preparation, including the  | 
      
      
        | 
           
			 | 
        cost of demolishing or removing a building or structure the removal  | 
      
      
        | 
           
			 | 
        of which is necessary or incident to providing the cultural  | 
      
      
        | 
           
			 | 
        facility; | 
      
      
        | 
           
			 | 
                           (D)  the cost of architectural, engineering,  | 
      
      
        | 
           
			 | 
        legal, and related services; the cost of the preparation of a plan,  | 
      
      
        | 
           
			 | 
        specification, study, survey, or estimate of cost and revenue; and  | 
      
      
        | 
           
			 | 
        other expenses necessary or incident to planning, providing, or  | 
      
      
        | 
           
			 | 
        determining the feasibility and practicability of the cultural  | 
      
      
        | 
           
			 | 
        facility; | 
      
      
        | 
           
			 | 
                           (E)  the cost of machinery, equipment,  | 
      
      
        | 
           
			 | 
        furnishings, and facilities necessary or incident to the equipping  | 
      
      
        | 
           
			 | 
        of the cultural facility so that the cultural facility may be placed  | 
      
      
        | 
           
			 | 
        in operation; | 
      
      
        | 
           
			 | 
                           (F)  the cost of finance charges, interest,  | 
      
      
        | 
           
			 | 
        marketing, and start-up of the cultural facility before and during  | 
      
      
        | 
           
			 | 
        construction and for not more than two years after completion of  | 
      
      
        | 
           
			 | 
        construction; | 
      
      
        | 
           
			 | 
                           (G)  costs paid or incurred in connection with the  | 
      
      
        | 
           
			 | 
        financing of the cultural facility, including out-of-pocket  | 
      
      
        | 
           
			 | 
        expenses; bond insurance;  a letter of credit, standby bond  | 
      
      
        | 
           
			 | 
        purchase agreement, or liquidity facility; financing, legal,  | 
      
      
        | 
           
			 | 
        accounting, financial advisory, and appraisal fees; expenses and  | 
      
      
        | 
           
			 | 
        disbursements;  a policy of title insurance; printing, engraving,  | 
      
      
        | 
           
			 | 
        and reproduction services;  and the initial or acceptance fee of a  | 
      
      
        | 
           
			 | 
        trustee, paying agent, remarketing agent, tender agent, or indexing  | 
      
      
        | 
           
			 | 
        agent; and | 
      
      
        | 
           
			 | 
                           (H)  direct and indirect costs of the corporation  | 
      
      
        | 
           
			 | 
        incurred in connection with providing the cultural facility,  | 
      
      
        | 
           
			 | 
        including reasonable sums to reimburse the corporation for time  | 
      
      
        | 
           
			 | 
        spent by the corporation's agents or employees in providing and  | 
      
      
        | 
           
			 | 
        financing the cultural facility. | 
      
      
        | 
           
			 | 
                     (5)  "Cultural facility" means any capital expenditure  | 
      
      
        | 
           
			 | 
        by a user.  The term includes: | 
      
      
        | 
           
			 | 
                           (A)  real property or an interest in real  | 
      
      
        | 
           
			 | 
        property, including buildings and improvements, or equipment,  | 
      
      
        | 
           
			 | 
        furnishings, or other personal property that: | 
      
      
        | 
           
			 | 
                                 (i)  is found by the board to be necessary or  | 
      
      
        | 
           
			 | 
        convenient to finance, refinance, acquire, construct, enlarge,  | 
      
      
        | 
           
			 | 
        remodel, renovate, improve, furnish, or equip for cultural  | 
      
      
        | 
           
			 | 
        education or community benefit; | 
      
      
        | 
           
			 | 
                                 (ii)  is made available for use by the  | 
      
      
        | 
           
			 | 
        general public, the user, or a community group; and | 
      
      
        | 
           
			 | 
                                 (iii)  is used for a purpose described by  | 
      
      
        | 
           
			 | 
        Section 337.002(1); | 
      
      
        | 
           
			 | 
                           (B)  a facility in which any of the following  | 
      
      
        | 
           
			 | 
        entities engage in any activity in which the entity is permitted to  | 
      
      
        | 
           
			 | 
        engage: | 
      
      
        | 
           
			 | 
                                 (i)  a nonprofit corporation exempt from the  | 
      
      
        | 
           
			 | 
        franchise tax under Section 171.063, Tax Code; | 
      
      
        | 
           
			 | 
                                 (ii)  an organization described in Section  | 
      
      
        | 
           
			 | 
        11.18, Tax Code; or | 
      
      
        | 
           
			 | 
                                 (iii)  an organization described in Section  | 
      
      
        | 
           
			 | 
        501(c)(3), Internal Revenue Code of 1986; and | 
      
      
        | 
           
			 | 
                           (C)  facilities incidental, subordinate, or  | 
      
      
        | 
           
			 | 
        related to or appropriate in connection with property described by  | 
      
      
        | 
           
			 | 
        Paragraph (A) or (B), regardless of the date of construction or  | 
      
      
        | 
           
			 | 
        acquisition. | 
      
      
        | 
           
			 | 
                     (6)  "Furnishings" include works of art, books,  | 
      
      
        | 
           
			 | 
        artifacts, scientific instruments, stage sets, musical scores,  | 
      
      
        | 
           
			 | 
        collections, and other property necessary or useful for the  | 
      
      
        | 
           
			 | 
        purposes of the cultural facility. | 
      
      
        | 
           
			 | 
                     (7)  "User" means a nonprofit corporation exempt from  | 
      
      
        | 
           
			 | 
        the franchise tax under Section 171.063, Tax Code, an organization  | 
      
      
        | 
           
			 | 
        described in Section 11.18, Tax Code, or an organization described  | 
      
      
        | 
           
			 | 
        in Section 501(c)(3), Internal Revenue Code of 1986, that will own,  | 
      
      
        | 
           
			 | 
        use, operate, or develop a cultural facility after the financing,  | 
      
      
        | 
           
			 | 
        acquisition, or construction of the cultural facility.  (Acts 69th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 635, Secs. 3(1), (2), (3), (4), (5), (8), (9).) | 
      
      
        | 
           
			 | 
               Sec. 337.005.  ADOPTION OF ALTERNATE PROCEDURE.  If a  | 
      
      
        | 
           
			 | 
        procedure under this chapter is held by a court to be  | 
      
      
        | 
           
			 | 
        unconstitutional, a corporation by resolution may provide an  | 
      
      
        | 
           
			 | 
        alternate procedure conforming to the constitution.  (Acts 69th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 635, Sec. 5(b) (part).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  CREATION AND OPERATION OF CORPORATION | 
      
      
        | 
           
			 | 
               Sec. 337.011.  AUTHORITY TO CREATE.  (a)  A municipality or  | 
      
      
        | 
           
			 | 
        county may create a nonmember, nonstock, public, cultural  | 
      
      
        | 
           
			 | 
        educational facilities finance corporation for the sole purpose of  | 
      
      
        | 
           
			 | 
        acquiring, constructing, providing, improving, financing, and  | 
      
      
        | 
           
			 | 
        refinancing cultural facilities for the public purposes stated in  | 
      
      
        | 
           
			 | 
        this chapter. | 
      
      
        | 
           
			 | 
               (b)  The municipality or county shall create and organize the  | 
      
      
        | 
           
			 | 
        corporation in the same manner as a health facilities development  | 
      
      
        | 
           
			 | 
        corporation is created and organized under Chapter 221, Health and  | 
      
      
        | 
           
			 | 
        Safety Code.  (Acts 69th Leg., R.S., Ch. 635, Secs. 4(a), (b)  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
               Sec. 337.012.  GENERAL POWERS.  (a)  A corporation has the  | 
      
      
        | 
           
			 | 
        same powers, authority, and rights: | 
      
      
        | 
           
			 | 
                     (1)  with respect to cultural facilities and health  | 
      
      
        | 
           
			 | 
        facilities that a health facilities development corporation has  | 
      
      
        | 
           
			 | 
        with respect to health facilities under Chapter 221, Health and  | 
      
      
        | 
           
			 | 
        Safety Code; and | 
      
      
        | 
           
			 | 
                     (2)  with respect to educational facilities, housing  | 
      
      
        | 
           
			 | 
        facilities, and other facilities incidental, subordinate, or  | 
      
      
        | 
           
			 | 
        related to those facilities that a nonprofit corporation created  | 
      
      
        | 
           
			 | 
        under Section 53.35(b), Education Code, or an authority created  | 
      
      
        | 
           
			 | 
        under Section 53.11, Education Code, has under Chapter 53,  | 
      
      
        | 
           
			 | 
        Education Code. | 
      
      
        | 
           
			 | 
               (b)  Except as provided by this chapter, a corporation has  | 
      
      
        | 
           
			 | 
        the same rights and powers as a corporation organized under the  | 
      
      
        | 
           
			 | 
        former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq.,  | 
      
      
        | 
           
			 | 
        Vernon's Texas Civil Statutes) or formed under the Texas Nonprofit  | 
      
      
        | 
           
			 | 
        Corporation Law, as described by Section 1.008(d), Business  | 
      
      
        | 
           
			 | 
        Organizations Code. | 
      
      
        | 
           
			 | 
               (c)  The powers of a corporation under Subsection (a) include  | 
      
      
        | 
           
			 | 
        the power to: | 
      
      
        | 
           
			 | 
                     (1)  acquire, purchase, lease, mortgage, and convey  | 
      
      
        | 
           
			 | 
        property with respect to a facility; | 
      
      
        | 
           
			 | 
                     (2)  borrow money by issuing bonds, notes, and other  | 
      
      
        | 
           
			 | 
        obligations; | 
      
      
        | 
           
			 | 
                     (3)  lend money for the corporation's corporate  | 
      
      
        | 
           
			 | 
        purposes; | 
      
      
        | 
           
			 | 
                     (4)  invest and reinvest the corporation's funds; and | 
      
      
        | 
           
			 | 
                     (5)  secure the corporation's bonds, notes, and  | 
      
      
        | 
           
			 | 
        obligations by mortgaging, pledging, assigning, or otherwise  | 
      
      
        | 
           
			 | 
        encumbering the corporation's property or assets. | 
      
      
        | 
           
			 | 
               (d)  Except as otherwise provided by this chapter, any bonds,  | 
      
      
        | 
           
			 | 
        notes, or other obligations authorized under Subsection (c) must be  | 
      
      
        | 
           
			 | 
        issued in accordance with Chapter 1201, Government Code.  (Acts  | 
      
      
        | 
           
			 | 
        69th Leg., R.S., Ch. 635, Secs. 4(b) (part), (c), 5(c).) | 
      
      
        | 
           
			 | 
               Sec. 337.013.  SCOPE OF AUTHORITY.  (a)  Notwithstanding any  | 
      
      
        | 
           
			 | 
        provision of Chapter 221, Health and Safety Code, or Chapter 53,  | 
      
      
        | 
           
			 | 
        Education Code, a corporation may exercise: | 
      
      
        | 
           
			 | 
                     (1)  the authority of the corporation inside or outside  | 
      
      
        | 
           
			 | 
        the limits of: | 
      
      
        | 
           
			 | 
                           (A)  the municipality that created the  | 
      
      
        | 
           
			 | 
        corporation if the municipality is located in a county with a  | 
      
      
        | 
           
			 | 
        population of more than 300,000; or | 
      
      
        | 
           
			 | 
                           (B)  the county that created the corporation if  | 
      
      
        | 
           
			 | 
        the county has a population of more than 300,000; and | 
      
      
        | 
           
			 | 
                     (2)  the powers of the corporation on behalf of a user  | 
      
      
        | 
           
			 | 
        outside of this state if the user also conducts lawful activities in  | 
      
      
        | 
           
			 | 
        this state. | 
      
      
        | 
           
			 | 
               (b)  A corporation may exercise the authority of the  | 
      
      
        | 
           
			 | 
        corporation without the consent or other action of any person that  | 
      
      
        | 
           
			 | 
        would otherwise be required under Chapter 221, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, or Chapter 53, Education Code, unless the articles of  | 
      
      
        | 
           
			 | 
        incorporation or bylaws of the corporation provide differently.   | 
      
      
        | 
           
			 | 
        (Acts 69th Leg., R.S., Ch. 635, Secs. 4(d) (part), (e).) | 
      
      
        | 
           
			 | 
               Sec. 337.014.  LIMITATION ON AUTHORITY.  The authority of a  | 
      
      
        | 
           
			 | 
        corporation may not preempt the police powers of any sponsoring  | 
      
      
        | 
           
			 | 
        entity or any other laws regulating or empowering sponsoring  | 
      
      
        | 
           
			 | 
        entities to regulate the activities of the corporation.  (Acts 69th  | 
      
      
        | 
           
			 | 
        Leg., R.S., Ch. 635, Sec. 4(d) (part).) | 
      
      
        | 
           
			 | 
               Sec. 337.015.  LIMITATION ON CORPORATE PURPOSES.  (a)  A  | 
      
      
        | 
           
			 | 
        municipality or county that creates a corporation may limit the  | 
      
      
        | 
           
			 | 
        corporation's purposes in the proceedings directing the creation of  | 
      
      
        | 
           
			 | 
        the corporation by prohibiting the corporation from financing  | 
      
      
        | 
           
			 | 
        particular types of cultural facilities, including a cultural  | 
      
      
        | 
           
			 | 
        facility to be used for a purpose specified in the proceedings. | 
      
      
        | 
           
			 | 
               (b)  As a condition of providing financing, a corporation may  | 
      
      
        | 
           
			 | 
        restrict a person receiving financing from using a cultural  | 
      
      
        | 
           
			 | 
        facility for a particular purpose. | 
      
      
        | 
           
			 | 
               (c)  A restriction imposed by a municipality or county on a  | 
      
      
        | 
           
			 | 
        corporation may be enforced by the governing body of the sponsoring  | 
      
      
        | 
           
			 | 
        entity by injunction or mandamus. | 
      
      
        | 
           
			 | 
               (d)  A violation of a restriction by a corporation may not  | 
      
      
        | 
           
			 | 
        impair the validity of an obligation incurred by the corporation.   | 
      
      
        | 
           
			 | 
        (Acts 69th Leg., R.S., Ch. 635, Sec. 4A.) | 
      
      
        | 
           
			 | 
               (b)  The Cultural Education Facilities Finance Corporation  | 
      
      
        | 
           
			 | 
        Act (Article 1528m, Vernon's Texas Civil Statutes) is repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 21.  NONSUBSTANTIVE REVISION OF SUBCHAPTER E, CHAPTER 39,  | 
      
      
        | 
           
			 | 
        AND SECTION 39.152, EDUCATION CODE:  PROVISIONS RELATING TO PUBLIC  | 
      
      
        | 
           
			 | 
        SCHOOL ACCOUNTABILITY INTERVENTIONS AND SANCTIONS | 
      
      
        | 
           
			 | 
               SECTION 21.001.  Subtitle H, Title 2, Education Code, is  | 
      
      
        | 
           
			 | 
        amended by adding Chapter 39A to read as follows: | 
      
      
        | 
           
			 | 
        CHAPTER 39A.  ACCOUNTABILITY INTERVENTIONS AND SANCTIONS | 
      
      
        | 
           
			 | 
        SUBCHAPTER A.  INTERVENTIONS AND SANCTIONS FOR SCHOOL DISTRICTS | 
      
      
        | 
           
			 | 
               Sec. 39A.001.  GROUNDS FOR COMMISSIONER ACTION.  The  | 
      
      
        | 
           
			 | 
        commissioner shall take any of the actions authorized by this  | 
      
      
        | 
           
			 | 
        subchapter to the extent the commissioner determines necessary if: | 
      
      
        | 
           
			 | 
                     (1)  a school district does not satisfy: | 
      
      
        | 
           
			 | 
                           (A)  the accreditation criteria under Section  | 
      
      
        | 
           
			 | 
        39.052; | 
      
      
        | 
           
			 | 
                           (B)  the academic performance standards under  | 
      
      
        | 
           
			 | 
        Section 39.053 or 39.054; or | 
      
      
        | 
           
			 | 
                           (C)  any financial accountability standard as  | 
      
      
        | 
           
			 | 
        determined by commissioner rule; or | 
      
      
        | 
           
			 | 
                     (2)  the commissioner considers the action to be  | 
      
      
        | 
           
			 | 
        appropriate on the basis of a special accreditation investigation  | 
      
      
        | 
           
			 | 
        under Section 39.057. (Ed. Code, Sec. 39.102(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.002.  AUTHORIZED COMMISSIONER ACTIONS.  If a school  | 
      
      
        | 
           
			 | 
        district is subject to commissioner action under Section 39A.001,  | 
      
      
        | 
           
			 | 
        the commissioner may: | 
      
      
        | 
           
			 | 
                     (1)  issue public notice of the deficiency to the board  | 
      
      
        | 
           
			 | 
        of trustees of the district; | 
      
      
        | 
           
			 | 
                     (2)  order a hearing to be conducted by the board of  | 
      
      
        | 
           
			 | 
        trustees of the district to notify the public of: | 
      
      
        | 
           
			 | 
                           (A)  the insufficient performance; | 
      
      
        | 
           
			 | 
                           (B)  the improvements in performance expected by  | 
      
      
        | 
           
			 | 
        the agency; and | 
      
      
        | 
           
			 | 
                           (C)  the interventions and sanctions that may be  | 
      
      
        | 
           
			 | 
        imposed under this subchapter if the performance does not improve; | 
      
      
        | 
           
			 | 
                     (3)  order the preparation of a student achievement  | 
      
      
        | 
           
			 | 
        improvement plan that addresses each academic achievement  | 
      
      
        | 
           
			 | 
        indicator under Section 39.053(c) for which the district's  | 
      
      
        | 
           
			 | 
        performance is insufficient, the submission of the plan to the  | 
      
      
        | 
           
			 | 
        commissioner for approval, and the implementation of the plan; | 
      
      
        | 
           
			 | 
                     (4)  order a hearing to be held before the commissioner  | 
      
      
        | 
           
			 | 
        or the commissioner's designee at which the president of the board  | 
      
      
        | 
           
			 | 
        of trustees of the district and the district's superintendent shall  | 
      
      
        | 
           
			 | 
        appear and explain the district's low performance, lack of  | 
      
      
        | 
           
			 | 
        improvement, and plans for improvement; | 
      
      
        | 
           
			 | 
                     (5)  arrange a monitoring review of the district; | 
      
      
        | 
           
			 | 
                     (6)  appoint an agency monitor to participate in and  | 
      
      
        | 
           
			 | 
        report to the agency on the activities of the board of trustees of  | 
      
      
        | 
           
			 | 
        the district or superintendent; | 
      
      
        | 
           
			 | 
                     (7)  appoint a conservator to oversee the operations of  | 
      
      
        | 
           
			 | 
        the district; or | 
      
      
        | 
           
			 | 
                     (8)  appoint a management team to direct the operations  | 
      
      
        | 
           
			 | 
        of the district in areas of insufficient performance or require the  | 
      
      
        | 
           
			 | 
        district to obtain certain services under a contract with another  | 
      
      
        | 
           
			 | 
        person. (Ed. Code, Sec. 39.102(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.003.  POWERS AND DUTIES OF CONSERVATOR OR  | 
      
      
        | 
           
			 | 
        MANAGEMENT TEAM.  (a)  The commissioner shall clearly define the  | 
      
      
        | 
           
			 | 
        powers and duties of a conservator or management team appointed to  | 
      
      
        | 
           
			 | 
        oversee the operations of a school district. | 
      
      
        | 
           
			 | 
               (b)  At least every 90 days, the commissioner shall review  | 
      
      
        | 
           
			 | 
        the need for the conservator or management team and shall remove the  | 
      
      
        | 
           
			 | 
        conservator or management team unless the commissioner determines  | 
      
      
        | 
           
			 | 
        that continued appointment is necessary for effective governance of  | 
      
      
        | 
           
			 | 
        the school district or delivery of instructional services. | 
      
      
        | 
           
			 | 
               (c)  A conservator or management team, if directed by the  | 
      
      
        | 
           
			 | 
        commissioner, shall prepare a plan for the implementation of the  | 
      
      
        | 
           
			 | 
        appointment of a board of managers under Section 39A.004 or the  | 
      
      
        | 
           
			 | 
        revocation of accreditation under Section 39A.005.  The conservator  | 
      
      
        | 
           
			 | 
        or management team: | 
      
      
        | 
           
			 | 
                     (1)  may direct an action to be taken by the principal  | 
      
      
        | 
           
			 | 
        of a campus, the superintendent of the school district, or the board  | 
      
      
        | 
           
			 | 
        of trustees of the district; | 
      
      
        | 
           
			 | 
                     (2)  may approve or disapprove any action of the  | 
      
      
        | 
           
			 | 
        principal of a campus, the superintendent of the district, or the  | 
      
      
        | 
           
			 | 
        board of trustees of the district; | 
      
      
        | 
           
			 | 
                     (3)  may not take any action concerning a district  | 
      
      
        | 
           
			 | 
        election, including ordering or canceling an election or altering  | 
      
      
        | 
           
			 | 
        the date of or the polling places for an election; | 
      
      
        | 
           
			 | 
                     (4)  may not change the number of or method of selecting  | 
      
      
        | 
           
			 | 
        the board of trustees; | 
      
      
        | 
           
			 | 
                     (5)  may not set a tax rate for the district; and | 
      
      
        | 
           
			 | 
                     (6)  may not adopt a budget for the district that  | 
      
      
        | 
           
			 | 
        provides for spending a different amount, exclusive of required  | 
      
      
        | 
           
			 | 
        debt service, from that previously adopted by the board of  | 
      
      
        | 
           
			 | 
        trustees. (Ed. Code, Sec. 39.111.) | 
      
      
        | 
           
			 | 
               Sec. 39A.004.  APPOINTMENT OF BOARD OF MANAGERS.  The  | 
      
      
        | 
           
			 | 
        commissioner may appoint a board of managers to exercise the powers  | 
      
      
        | 
           
			 | 
        and duties of a school district's board of trustees if the district  | 
      
      
        | 
           
			 | 
        is subject to commissioner action under Section 39A.001 and: | 
      
      
        | 
           
			 | 
                     (1)  has a current accreditation status of  | 
      
      
        | 
           
			 | 
        accredited-warned or accredited-probation; | 
      
      
        | 
           
			 | 
                     (2)  fails to satisfy any standard under Section  | 
      
      
        | 
           
			 | 
        39.054(e); or | 
      
      
        | 
           
			 | 
                     (3)  fails to satisfy financial accountability  | 
      
      
        | 
           
			 | 
        standards as determined by commissioner rule. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.102(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.005.  REVOCATION OF SCHOOL DISTRICT ACCREDITATION.   | 
      
      
        | 
           
			 | 
        (a)  This section applies to a school district if the district is  | 
      
      
        | 
           
			 | 
        subject to commissioner action under Section 39A.001, and for two  | 
      
      
        | 
           
			 | 
        consecutive school years, including the current school year, the  | 
      
      
        | 
           
			 | 
        district has: | 
      
      
        | 
           
			 | 
                     (1)  received an accreditation status of  | 
      
      
        | 
           
			 | 
        accredited-warned or accredited-probation; | 
      
      
        | 
           
			 | 
                     (2)  failed to satisfy any standard under Section  | 
      
      
        | 
           
			 | 
        39.054(e); or | 
      
      
        | 
           
			 | 
                     (3)  failed to satisfy financial accountability  | 
      
      
        | 
           
			 | 
        standards as determined by commissioner rule. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may revoke the accreditation of a  | 
      
      
        | 
           
			 | 
        school district subject to this section and: | 
      
      
        | 
           
			 | 
                     (1)  order closure of the district and annex the  | 
      
      
        | 
           
			 | 
        district to one or more adjoining districts under Section 13.054;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (2)  in the case of a home-rule school district or  | 
      
      
        | 
           
			 | 
        open-enrollment charter school, order closure of all programs  | 
      
      
        | 
           
			 | 
        operated under the district's or school's charter. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.102(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.006.  BOARD OF MANAGERS FOR SCHOOL DISTRICT MANAGED  | 
      
      
        | 
           
			 | 
        BY CONSERVATOR OR MANAGEMENT TEAM.  (a)  This section applies  | 
      
      
        | 
           
			 | 
        regardless of whether a school district has satisfied the  | 
      
      
        | 
           
			 | 
        accreditation criteria. | 
      
      
        | 
           
			 | 
               (b)  If for two consecutive school years, including the  | 
      
      
        | 
           
			 | 
        current school year, a school district has had a conservator or  | 
      
      
        | 
           
			 | 
        management team assigned, the commissioner may appoint a board of  | 
      
      
        | 
           
			 | 
        managers to exercise the powers and duties of the board of trustees  | 
      
      
        | 
           
			 | 
        of the district. | 
      
      
        | 
           
			 | 
               (c)  The majority of a board of managers appointed under this  | 
      
      
        | 
           
			 | 
        section must be residents of the school district. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.102(b).) | 
      
      
        | 
           
			 | 
               Sec. 39A.007.  INTERVENTION TO IMPROVE HIGH SCHOOL  | 
      
      
        | 
           
			 | 
        COMPLETION RATE.  (a)  This section applies to a school district if  | 
      
      
        | 
           
			 | 
        the district is subject to commissioner action under Section  | 
      
      
        | 
           
			 | 
        39A.001 and the district has failed to satisfy any standard under  | 
      
      
        | 
           
			 | 
        Section 39.054(e) because of the district's dropout rates. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may impose against a school district  | 
      
      
        | 
           
			 | 
        subject to this section sanctions designed to improve high school  | 
      
      
        | 
           
			 | 
        completion rates, including: | 
      
      
        | 
           
			 | 
                     (1)  ordering the development of a dropout prevention  | 
      
      
        | 
           
			 | 
        plan for approval by the commissioner; | 
      
      
        | 
           
			 | 
                     (2)  restructuring the district or appropriate school  | 
      
      
        | 
           
			 | 
        campuses to improve identification of and service to students who  | 
      
      
        | 
           
			 | 
        are at risk of dropping out of school, as defined by Section 29.081; | 
      
      
        | 
           
			 | 
                     (3)  ordering lower student-to-counselor ratios on  | 
      
      
        | 
           
			 | 
        school campuses with high dropout rates; and | 
      
      
        | 
           
			 | 
                     (4)  ordering the use of any other intervention  | 
      
      
        | 
           
			 | 
        strategy effective in reducing dropout rates, including mentor  | 
      
      
        | 
           
			 | 
        programs and flexible class scheduling. (Ed. Code, Sec. 39.102(a)  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER B.  CAMPUS INTERVENTION TEAM; TARGETED IMPROVEMENT PLAN | 
      
      
        | 
           
			 | 
               Sec. 39A.051.  ACTIONS BASED ON CAMPUS PERFORMANCE.  (a)  If  | 
      
      
        | 
           
			 | 
        the performance of a campus is below any standard under Section  | 
      
      
        | 
           
			 | 
        39.054(e), the commissioner shall: | 
      
      
        | 
           
			 | 
                     (1)  take actions, to the extent the commissioner  | 
      
      
        | 
           
			 | 
        determines necessary, as provided by this chapter; and | 
      
      
        | 
           
			 | 
                     (2)  assign a campus intervention team. | 
      
      
        | 
           
			 | 
               (b)  For a campus described by Subsection (a), the  | 
      
      
        | 
           
			 | 
        commissioner, to the extent the commissioner determines necessary,  | 
      
      
        | 
           
			 | 
        may: | 
      
      
        | 
           
			 | 
                     (1)  order a hearing to be held before the commissioner  | 
      
      
        | 
           
			 | 
        or the commissioner's designee at which the president of the board  | 
      
      
        | 
           
			 | 
        of trustees of the school district, the district superintendent,  | 
      
      
        | 
           
			 | 
        and the campus principal shall appear and explain the campus's low  | 
      
      
        | 
           
			 | 
        performance, lack of improvement, and plans for improvement; or | 
      
      
        | 
           
			 | 
                     (2)  establish a school community partnership team  | 
      
      
        | 
           
			 | 
        composed of members of the campus-level planning and  | 
      
      
        | 
           
			 | 
        decision-making committee established under Section 11.251 and  | 
      
      
        | 
           
			 | 
        additional community representatives as determined appropriate by  | 
      
      
        | 
           
			 | 
        the commissioner.  (Ed. Code, Secs. 39.103(a), (b), 39.106(a)  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.052.  CAMPUS INTERVENTION TEAM MEMBERS.  A campus  | 
      
      
        | 
           
			 | 
        intervention team assigned by the commissioner under Section  | 
      
      
        | 
           
			 | 
        39A.051 may include teachers, principals, other educational  | 
      
      
        | 
           
			 | 
        professionals, and superintendents recognized for excellence in  | 
      
      
        | 
           
			 | 
        their roles and appointed by the commissioner to serve as members of  | 
      
      
        | 
           
			 | 
        a team.  (Ed. Code, Sec. 39.113.) | 
      
      
        | 
           
			 | 
               Sec. 39A.053.  ON-SITE NEEDS ASSESSMENT.  (a)  A campus  | 
      
      
        | 
           
			 | 
        intervention team shall: | 
      
      
        | 
           
			 | 
                     (1)  conduct, with the involvement and advice of the  | 
      
      
        | 
           
			 | 
        school community partnership team, if applicable: | 
      
      
        | 
           
			 | 
                           (A)  if the commissioner determines necessary, a  | 
      
      
        | 
           
			 | 
        comprehensive on-site needs assessment, using the procedures  | 
      
      
        | 
           
			 | 
        provided by Subsection (c); or | 
      
      
        | 
           
			 | 
                           (B)  a targeted on-site needs assessment relevant  | 
      
      
        | 
           
			 | 
        to an area of insufficient performance of the campus as provided by  | 
      
      
        | 
           
			 | 
        Subsection (d); and | 
      
      
        | 
           
			 | 
                     (2)  recommend appropriate actions as provided by  | 
      
      
        | 
           
			 | 
        Section 39A.054. | 
      
      
        | 
           
			 | 
               (b)  An on-site needs assessment required by Subsection (a)  | 
      
      
        | 
           
			 | 
        must determine the factors resulting in the campus's low  | 
      
      
        | 
           
			 | 
        performance and lack of progress, including the contributing  | 
      
      
        | 
           
			 | 
        education-related factors. | 
      
      
        | 
           
			 | 
               (c)  In conducting a comprehensive on-site needs assessment,  | 
      
      
        | 
           
			 | 
        the campus intervention team shall use each of the following  | 
      
      
        | 
           
			 | 
        guidelines and procedures: | 
      
      
        | 
           
			 | 
                     (1)  an assessment of the staff to determine: | 
      
      
        | 
           
			 | 
                           (A)  the percentage of certified teachers who are  | 
      
      
        | 
           
			 | 
        teaching in their field; | 
      
      
        | 
           
			 | 
                           (B)  the percentage of teachers who are certified; | 
      
      
        | 
           
			 | 
                           (C)  the number of teachers with more than three  | 
      
      
        | 
           
			 | 
        years of experience; and | 
      
      
        | 
           
			 | 
                           (D)  the rate of teacher retention; | 
      
      
        | 
           
			 | 
                     (2)  a determination of compliance with the appropriate  | 
      
      
        | 
           
			 | 
        class-size rules and the number of class-size waivers received; | 
      
      
        | 
           
			 | 
                     (3)  an assessment of the quality, quantity, and  | 
      
      
        | 
           
			 | 
        appropriateness of instructional materials, including the  | 
      
      
        | 
           
			 | 
        availability of technology-based instructional materials; | 
      
      
        | 
           
			 | 
                     (4)  a report on the parental involvement strategies  | 
      
      
        | 
           
			 | 
        and the effectiveness of the strategies; | 
      
      
        | 
           
			 | 
                     (5)  an assessment of the extent and quality of the  | 
      
      
        | 
           
			 | 
        mentoring program provided for: | 
      
      
        | 
           
			 | 
                           (A)  new teachers on the campus; and | 
      
      
        | 
           
			 | 
                           (B)  experienced teachers on the campus who have  | 
      
      
        | 
           
			 | 
        less than two years of teaching experience in the subject or grade  | 
      
      
        | 
           
			 | 
        level to which the teacher is assigned; | 
      
      
        | 
           
			 | 
                     (6)  an assessment of the type and quality of the  | 
      
      
        | 
           
			 | 
        professional development provided to the staff; | 
      
      
        | 
           
			 | 
                     (7)  a demographic analysis of the student population,  | 
      
      
        | 
           
			 | 
        including student demographics, at-risk populations, and special  | 
      
      
        | 
           
			 | 
        education percentages; | 
      
      
        | 
           
			 | 
                     (8)  a report of disciplinary incidents and school  | 
      
      
        | 
           
			 | 
        safety information; | 
      
      
        | 
           
			 | 
                     (9)  financial and accounting practices; | 
      
      
        | 
           
			 | 
                     (10)  an assessment of the appropriateness of the  | 
      
      
        | 
           
			 | 
        curriculum and teaching strategies; | 
      
      
        | 
           
			 | 
                     (11)  a comparison of the findings from Subdivisions  | 
      
      
        | 
           
			 | 
        (1) through (10) to other campuses serving the same grade levels in  | 
      
      
        | 
           
			 | 
        the school district or to other campuses in the campus's comparison  | 
      
      
        | 
           
			 | 
        group if there are no other campuses in the district serving the  | 
      
      
        | 
           
			 | 
        same grade levels as the campus; and | 
      
      
        | 
           
			 | 
                     (12)  any other research-based data or information  | 
      
      
        | 
           
			 | 
        obtained from a data collection process that would assist the  | 
      
      
        | 
           
			 | 
        campus intervention team in: | 
      
      
        | 
           
			 | 
                           (A)  recommending an action under Section  | 
      
      
        | 
           
			 | 
        39A.054; and | 
      
      
        | 
           
			 | 
                           (B)  executing a targeted improvement plan under  | 
      
      
        | 
           
			 | 
        Section 39A.059. | 
      
      
        | 
           
			 | 
               (d)  In conducting a targeted on-site needs assessment, the  | 
      
      
        | 
           
			 | 
        campus intervention team shall use the appropriate guidelines and  | 
      
      
        | 
           
			 | 
        procedures described by Subsection (c) relevant to each area of  | 
      
      
        | 
           
			 | 
        insufficient performance.  (Ed. Code, Secs. 39.106(a) (part), (b).) | 
      
      
        | 
           
			 | 
               Sec. 39A.054.  CAMPUS INTERVENTION TEAM RECOMMENDATIONS.  On  | 
      
      
        | 
           
			 | 
        completing the on-site needs assessment required under Section  | 
      
      
        | 
           
			 | 
        39A.053, the campus intervention team shall, with the involvement  | 
      
      
        | 
           
			 | 
        and advice of the school community partnership team, if applicable,  | 
      
      
        | 
           
			 | 
        recommend actions relating to any area of insufficient performance,  | 
      
      
        | 
           
			 | 
        including: | 
      
      
        | 
           
			 | 
                     (1)  reallocation of resources; | 
      
      
        | 
           
			 | 
                     (2)  technical assistance; | 
      
      
        | 
           
			 | 
                     (3)  changes in school procedures or operations; | 
      
      
        | 
           
			 | 
                     (4)  staff development for instructional and  | 
      
      
        | 
           
			 | 
        administrative staff; | 
      
      
        | 
           
			 | 
                     (5)  intervention for individual administrators or  | 
      
      
        | 
           
			 | 
        teachers; | 
      
      
        | 
           
			 | 
                     (6)  waivers from state statutes or rules; | 
      
      
        | 
           
			 | 
                     (7)  teacher recruitment or retention strategies and  | 
      
      
        | 
           
			 | 
        incentives provided by the school district to attract and retain  | 
      
      
        | 
           
			 | 
        teachers with the characteristics included in Sections  | 
      
      
        | 
           
			 | 
        39A.053(c)(1)(A)-(C); or | 
      
      
        | 
           
			 | 
                     (8)  other actions the campus intervention team  | 
      
      
        | 
           
			 | 
        considers appropriate. (Ed. Code, Sec. 39.106(c).) | 
      
      
        | 
           
			 | 
               Sec. 39A.055.  TARGETED IMPROVEMENT PLAN.  In addition to  | 
      
      
        | 
           
			 | 
        the campus intervention team duties under Sections 39A.053 and  | 
      
      
        | 
           
			 | 
        39A.054 relating to the on-site needs assessment, the campus  | 
      
      
        | 
           
			 | 
        intervention team shall: | 
      
      
        | 
           
			 | 
                     (1)  assist the campus in developing a targeted  | 
      
      
        | 
           
			 | 
        improvement plan; | 
      
      
        | 
           
			 | 
                     (2)  conduct a public meeting at the campus with the  | 
      
      
        | 
           
			 | 
        campus principal, the members of the campus-level planning and  | 
      
      
        | 
           
			 | 
        decision-making committee established under Section 11.251,  | 
      
      
        | 
           
			 | 
        parents of students attending the campus, and community members  | 
      
      
        | 
           
			 | 
        residing in the school district to review the campus performance  | 
      
      
        | 
           
			 | 
        rating and solicit input for the development of the targeted  | 
      
      
        | 
           
			 | 
        improvement plan; | 
      
      
        | 
           
			 | 
                     (3)  assist the campus in submitting the targeted  | 
      
      
        | 
           
			 | 
        improvement plan to the board of trustees of the district for  | 
      
      
        | 
           
			 | 
        approval and presenting the plan in a public hearing as provided by  | 
      
      
        | 
           
			 | 
        Section 39A.057; and | 
      
      
        | 
           
			 | 
                     (4)  assist the commissioner in monitoring the progress  | 
      
      
        | 
           
			 | 
        of the campus in executing the targeted improvement plan. (Ed.  | 
      
      
        | 
           
			 | 
        Code, Sec. 39.106(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.056.  NOTICE OF PUBLIC MEETING FOR DEVELOPMENT OF  | 
      
      
        | 
           
			 | 
        TARGETED IMPROVEMENT PLAN.  (a)  The campus intervention team must: | 
      
      
        | 
           
			 | 
                     (1)  provide written notice of the public meeting  | 
      
      
        | 
           
			 | 
        required by Section 39A.055(2) to the parents of students attending  | 
      
      
        | 
           
			 | 
        the campus; and | 
      
      
        | 
           
			 | 
                     (2)  post notice of the meeting on the campus's Internet  | 
      
      
        | 
           
			 | 
        website. | 
      
      
        | 
           
			 | 
               (b)  The notice required by this section must include the  | 
      
      
        | 
           
			 | 
        date, time, and place of the meeting. (Ed. Code, Sec. 39.106(a-1).) | 
      
      
        | 
           
			 | 
               Sec. 39A.057.  HEARING FOR TARGETED IMPROVEMENT PLAN.   | 
      
      
        | 
           
			 | 
        (a)  After a targeted improvement plan or an updated targeted  | 
      
      
        | 
           
			 | 
        improvement plan is submitted to the board of trustees of the school  | 
      
      
        | 
           
			 | 
        district, the board shall conduct a hearing to: | 
      
      
        | 
           
			 | 
                     (1)  notify the public of: | 
      
      
        | 
           
			 | 
                           (A)  the insufficient performance of the campus; | 
      
      
        | 
           
			 | 
                           (B)  the improvements in performance expected by  | 
      
      
        | 
           
			 | 
        the agency; and | 
      
      
        | 
           
			 | 
                           (C)  the intervention measures or sanctions that  | 
      
      
        | 
           
			 | 
        may be imposed under this chapter if the performance does not  | 
      
      
        | 
           
			 | 
        improve within a designated period; and | 
      
      
        | 
           
			 | 
                     (2)  solicit public comment on the targeted improvement  | 
      
      
        | 
           
			 | 
        plan or updated targeted improvement plan. | 
      
      
        | 
           
			 | 
               (b)  The board of trustees of the school district must post  | 
      
      
        | 
           
			 | 
        the targeted improvement plan on the district's Internet website  | 
      
      
        | 
           
			 | 
        before the hearing. | 
      
      
        | 
           
			 | 
               (c)  The board of trustees of the school district may conduct  | 
      
      
        | 
           
			 | 
        one hearing relating to one or more campuses subject to a targeted  | 
      
      
        | 
           
			 | 
        improvement plan or an updated targeted improvement plan.  (Ed.  | 
      
      
        | 
           
			 | 
        Code, Sec. 39.106(e-1) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.058.  SUBMISSION OF TARGETED IMPROVEMENT PLAN TO  | 
      
      
        | 
           
			 | 
        COMMISSIONER.  The board of trustees of the school district shall  | 
      
      
        | 
           
			 | 
        submit the targeted improvement plan or updated targeted  | 
      
      
        | 
           
			 | 
        improvement plan to the commissioner for approval.  The campus  | 
      
      
        | 
           
			 | 
        intervention team shall assist the campus in submitting the  | 
      
      
        | 
           
			 | 
        targeted improvement plan to the commissioner. (Ed. Code, Secs.  | 
      
      
        | 
           
			 | 
        39.106(d), (e-1) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.059.  EXECUTING TARGETED IMPROVEMENT PLAN.  In  | 
      
      
        | 
           
			 | 
        executing the targeted improvement plan, the campus intervention  | 
      
      
        | 
           
			 | 
        team shall, if appropriate: | 
      
      
        | 
           
			 | 
                     (1)  assist the campus in implementing research-based  | 
      
      
        | 
           
			 | 
        practices for curriculum development and classroom instruction,  | 
      
      
        | 
           
			 | 
        including bilingual education and special education programs, and  | 
      
      
        | 
           
			 | 
        financial management; | 
      
      
        | 
           
			 | 
                     (2)  provide research-based technical assistance,  | 
      
      
        | 
           
			 | 
        including data analysis, academic deficiency identification,  | 
      
      
        | 
           
			 | 
        intervention implementation, and budget analysis, to strengthen  | 
      
      
        | 
           
			 | 
        and improve the instructional programs at the campus; and | 
      
      
        | 
           
			 | 
                     (3)  require the school district to develop a teacher  | 
      
      
        | 
           
			 | 
        recruitment and retention plan to address the qualifications and  | 
      
      
        | 
           
			 | 
        retention of the teachers at the campus. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.106(d-3).) | 
      
      
        | 
           
			 | 
               Sec. 39A.060.  CAMPUS INTERVENTION TEAM CONTINUING DUTIES.   | 
      
      
        | 
           
			 | 
        For each year a campus is assigned an unacceptable performance  | 
      
      
        | 
           
			 | 
        rating, the campus intervention team shall: | 
      
      
        | 
           
			 | 
                     (1)  continue to work with the campus until: | 
      
      
        | 
           
			 | 
                           (A)  the campus satisfies all performance  | 
      
      
        | 
           
			 | 
        standards under Section 39.054(e) for a two-year period; or | 
      
      
        | 
           
			 | 
                           (B)  the campus satisfies all performance  | 
      
      
        | 
           
			 | 
        standards under Section 39.054(e) for a one-year period and the  | 
      
      
        | 
           
			 | 
        commissioner determines that the campus is operating and will  | 
      
      
        | 
           
			 | 
        continue to operate in a manner that improves student achievement; | 
      
      
        | 
           
			 | 
                     (2)  assist in updating the targeted improvement plan  | 
      
      
        | 
           
			 | 
        to identify and analyze areas of growth and areas that require  | 
      
      
        | 
           
			 | 
        improvement; and | 
      
      
        | 
           
			 | 
                     (3)  submit each updated targeted improvement plan  | 
      
      
        | 
           
			 | 
        described by Subdivision (2) to the board of trustees of the school  | 
      
      
        | 
           
			 | 
        district.  (Ed. Code, Sec. 39.106(e).) | 
      
      
        | 
           
			 | 
               Sec. 39A.061.  SATISFACTION OF CERTAIN REQUIREMENTS RELATED  | 
      
      
        | 
           
			 | 
        TO CAMPUS PLANNING AND SITE-BASED DECISION-MAKING.  (a)  The  | 
      
      
        | 
           
			 | 
        commissioner may authorize a school community partnership team  | 
      
      
        | 
           
			 | 
        established under Section 39A.051 to supersede the authority of and  | 
      
      
        | 
           
			 | 
        satisfy the requirements of establishing and maintaining a  | 
      
      
        | 
           
			 | 
        campus-level planning and decision-making committee under  | 
      
      
        | 
           
			 | 
        Subchapter F, Chapter 11. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may authorize a targeted improvement  | 
      
      
        | 
           
			 | 
        plan or an updated targeted improvement plan to supersede the  | 
      
      
        | 
           
			 | 
        provisions of and satisfy the requirements of developing,  | 
      
      
        | 
           
			 | 
        reviewing, and revising a campus improvement plan under Subchapter  | 
      
      
        | 
           
			 | 
        F, Chapter 11. (Ed. Code, Secs. 39.106(d-1), (d-2).) | 
      
      
        | 
           
			 | 
               Sec. 39A.062.  SUBMISSION OF CAMPUS IMPROVEMENT PLAN IN  | 
      
      
        | 
           
			 | 
        CERTAIN CIRCUMSTANCES.  (a)  This section applies if the  | 
      
      
        | 
           
			 | 
        performance of a campus satisfies performance standards under  | 
      
      
        | 
           
			 | 
        Section 39.054(e) for the current school year but would not satisfy  | 
      
      
        | 
           
			 | 
        performance standards under Section 39.054(e) if the standards to  | 
      
      
        | 
           
			 | 
        be used for the following school year were applied to the current  | 
      
      
        | 
           
			 | 
        school year. | 
      
      
        | 
           
			 | 
               (b)  On the request of the commissioner, the campus-level  | 
      
      
        | 
           
			 | 
        planning and decision-making committee established under Section  | 
      
      
        | 
           
			 | 
        11.251 shall revise and submit to the commissioner the portions of  | 
      
      
        | 
           
			 | 
        the campus improvement plan developed under Section 11.253 that are  | 
      
      
        | 
           
			 | 
        relevant to those areas for which the campus would not satisfy  | 
      
      
        | 
           
			 | 
        performance standards.  The revised portions of the improvement  | 
      
      
        | 
           
			 | 
        plan must be submitted in an electronic format.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.105(a).) | 
      
      
        | 
           
			 | 
               Sec. 39A.063.  COMPLIANCE THROUGH INTERVENTION UNDER  | 
      
      
        | 
           
			 | 
        FEDERAL ACCOUNTABILITY.  Notwithstanding the provisions of this  | 
      
      
        | 
           
			 | 
        chapter, if the commissioner determines that a campus subject to  | 
      
      
        | 
           
			 | 
        interventions or sanctions under this chapter has implemented  | 
      
      
        | 
           
			 | 
        substantially similar intervention measures under federal  | 
      
      
        | 
           
			 | 
        accountability requirements, the commissioner may accept the  | 
      
      
        | 
           
			 | 
        substantially similar intervention measures as measures in  | 
      
      
        | 
           
			 | 
        compliance with this chapter. (Ed. Code, Sec. 39.103(c).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER C.  CAMPUS TURNAROUND PLAN | 
      
      
        | 
           
			 | 
               Sec. 39A.101.  ORDER FOR PREPARATION OF CAMPUS TURNAROUND  | 
      
      
        | 
           
			 | 
        PLAN.  (a)  If a campus has been identified as unacceptable for two  | 
      
      
        | 
           
			 | 
        consecutive school years, the commissioner shall order the campus  | 
      
      
        | 
           
			 | 
        to prepare and submit a campus turnaround plan. | 
      
      
        | 
           
			 | 
               (b)  The commissioner shall by rule establish procedures  | 
      
      
        | 
           
			 | 
        governing the time and manner in which the campus must submit the  | 
      
      
        | 
           
			 | 
        campus turnaround plan. | 
      
      
        | 
           
			 | 
               (c)  A campus intervention team shall assist the campus in: | 
      
      
        | 
           
			 | 
                     (1)  developing an updated targeted improvement plan,  | 
      
      
        | 
           
			 | 
        including a campus turnaround plan to be implemented by the campus; | 
      
      
        | 
           
			 | 
                     (2)  submitting the updated targeted improvement plan  | 
      
      
        | 
           
			 | 
        to the board of trustees of the school district for approval and  | 
      
      
        | 
           
			 | 
        presenting the plan in a public hearing as provided by Section  | 
      
      
        | 
           
			 | 
        39A.057; | 
      
      
        | 
           
			 | 
                     (3)  obtaining approval of the updated plan from the  | 
      
      
        | 
           
			 | 
        commissioner; and | 
      
      
        | 
           
			 | 
                     (4)  executing the updated plan on approval by the  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
               (d)  The updated targeted improvement plan submitted to the  | 
      
      
        | 
           
			 | 
        board of trustees of a school district under Subsection (c) must  | 
      
      
        | 
           
			 | 
        include all plans and details that are required to execute the  | 
      
      
        | 
           
			 | 
        campus turnaround plan without any additional action or approval by  | 
      
      
        | 
           
			 | 
        the board of trustees.  (Ed. Code, Secs. 39.107(a), (a-1), (b-3).) | 
      
      
        | 
           
			 | 
               Sec. 39A.102.  IMPLEMENTATION OF UPDATED TARGETED  | 
      
      
        | 
           
			 | 
        IMPROVEMENT PLAN.  (a)  A campus subject to Section 39A.101 shall  | 
      
      
        | 
           
			 | 
        implement the updated targeted improvement plan as approved by the  | 
      
      
        | 
           
			 | 
        commissioner. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may appoint a monitor, conservator,  | 
      
      
        | 
           
			 | 
        management team, or board of managers to the school district to  | 
      
      
        | 
           
			 | 
        ensure and oversee district-level support to low-performing  | 
      
      
        | 
           
			 | 
        campuses and the implementation of the updated targeted improvement  | 
      
      
        | 
           
			 | 
        plan. | 
      
      
        | 
           
			 | 
               (c)  In making appointments under Subsection (b), the  | 
      
      
        | 
           
			 | 
        commissioner shall consider individuals who have demonstrated  | 
      
      
        | 
           
			 | 
        success in managing campuses with student populations similar to  | 
      
      
        | 
           
			 | 
        the campus at which the individual appointed will serve.  (Ed. Code,  | 
      
      
        | 
           
			 | 
        Sec. 39.107(c).) | 
      
      
        | 
           
			 | 
               Sec. 39A.103.  NOTICE OF CAMPUS TURNAROUND PLAN.  Before a  | 
      
      
        | 
           
			 | 
        campus turnaround plan is prepared and submitted for approval to  | 
      
      
        | 
           
			 | 
        the board of trustees of the school district, the district, in  | 
      
      
        | 
           
			 | 
        consultation with the campus intervention team, shall: | 
      
      
        | 
           
			 | 
                     (1)  provide notice to parents, the community, and  | 
      
      
        | 
           
			 | 
        stakeholders that the campus has received an unacceptable  | 
      
      
        | 
           
			 | 
        performance rating for two consecutive years and will be required  | 
      
      
        | 
           
			 | 
        to submit a campus turnaround plan; and | 
      
      
        | 
           
			 | 
                     (2)  request assistance from parents, the community,  | 
      
      
        | 
           
			 | 
        and stakeholders in developing the campus turnaround plan.  (Ed.  | 
      
      
        | 
           
			 | 
        Code, Sec. 39.107(a-2).) | 
      
      
        | 
           
			 | 
               Sec. 39A.104.  PREPARATION OF CAMPUS TURNAROUND PLAN.   | 
      
      
        | 
           
			 | 
        (a)  The school district, in consultation with the campus  | 
      
      
        | 
           
			 | 
        intervention team, shall prepare the campus turnaround plan and  | 
      
      
        | 
           
			 | 
        allow parents, the community, and stakeholders an opportunity to  | 
      
      
        | 
           
			 | 
        review the plan before it is submitted for approval to the board of  | 
      
      
        | 
           
			 | 
        trustees of the district. | 
      
      
        | 
           
			 | 
               (b)  The campus turnaround plan must assist the campus in  | 
      
      
        | 
           
			 | 
        implementing procedures to satisfy all performance standards  | 
      
      
        | 
           
			 | 
        required under Section 39.054(e).  (Ed. Code, Sec. 39.107(b)  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.105.  CONTENTS OF CAMPUS TURNAROUND PLAN.  A campus  | 
      
      
        | 
           
			 | 
        turnaround plan must include: | 
      
      
        | 
           
			 | 
                     (1)  details on the method for restructuring,  | 
      
      
        | 
           
			 | 
        reforming, or reconstituting the campus; | 
      
      
        | 
           
			 | 
                     (2)  a detailed description of the academic programs to  | 
      
      
        | 
           
			 | 
        be offered at the campus, including: | 
      
      
        | 
           
			 | 
                           (A)  instructional methods; | 
      
      
        | 
           
			 | 
                           (B)  length of school day and school year; | 
      
      
        | 
           
			 | 
                           (C)  academic credit and promotion criteria; and | 
      
      
        | 
           
			 | 
                           (D)  programs to serve special student  | 
      
      
        | 
           
			 | 
        populations; | 
      
      
        | 
           
			 | 
                     (3)  if a district charter is to be granted for the  | 
      
      
        | 
           
			 | 
        campus under Section 12.0522: | 
      
      
        | 
           
			 | 
                           (A)  the term of the charter; and | 
      
      
        | 
           
			 | 
                           (B)  information on the implementation of the  | 
      
      
        | 
           
			 | 
        charter; | 
      
      
        | 
           
			 | 
                     (4)  written comments from: | 
      
      
        | 
           
			 | 
                           (A)  the campus-level committee established under  | 
      
      
        | 
           
			 | 
        Section 11.251, if applicable; | 
      
      
        | 
           
			 | 
                           (B)  parents; and | 
      
      
        | 
           
			 | 
                           (C)  teachers at the campus; and | 
      
      
        | 
           
			 | 
                     (5)  a detailed description of the budget, staffing,  | 
      
      
        | 
           
			 | 
        and financial resources required to implement the plan, including  | 
      
      
        | 
           
			 | 
        any supplemental resources to be provided by the school district or  | 
      
      
        | 
           
			 | 
        other identified sources.  (Ed. Code, Secs. 39.107(b) (part),  | 
      
      
        | 
           
			 | 
        (b-1).) | 
      
      
        | 
           
			 | 
               Sec. 39A.106.  DATE CAMPUS TURNAROUND PLAN TAKES EFFECT.  A  | 
      
      
        | 
           
			 | 
        campus turnaround plan must take effect not later than the school  | 
      
      
        | 
           
			 | 
        year following the third consecutive school year that the campus  | 
      
      
        | 
           
			 | 
        has received an unacceptable performance rating.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(b-4).) | 
      
      
        | 
           
			 | 
               Sec. 39A.107.  COMMISSIONER APPROVAL OF CAMPUS TURNAROUND  | 
      
      
        | 
           
			 | 
        PLAN.  (a)  The commissioner may approve a campus turnaround plan  | 
      
      
        | 
           
			 | 
        only if the commissioner determines that the campus will satisfy  | 
      
      
        | 
           
			 | 
        all student performance standards required under Section 39.054(e)  | 
      
      
        | 
           
			 | 
        not later than the second year the campus receives a performance  | 
      
      
        | 
           
			 | 
        rating following the implementation of the campus turnaround plan. | 
      
      
        | 
           
			 | 
               (b)  Section 12.0522(b) does not apply to a district charter  | 
      
      
        | 
           
			 | 
        approved by the commissioner under this subchapter.  A district  | 
      
      
        | 
           
			 | 
        charter approved under this subchapter may be renewed or continue  | 
      
      
        | 
           
			 | 
        in effect after the campus is no longer subject to an order under  | 
      
      
        | 
           
			 | 
        Section 39A.101. | 
      
      
        | 
           
			 | 
               (c)  If the commissioner does not approve a campus turnaround  | 
      
      
        | 
           
			 | 
        plan, the commissioner shall order: | 
      
      
        | 
           
			 | 
                     (1)  appointment of a board of managers to govern the  | 
      
      
        | 
           
			 | 
        school district as provided by Section 39A.202; | 
      
      
        | 
           
			 | 
                     (2)  alternative management of the campus; or | 
      
      
        | 
           
			 | 
                     (3)  closure of the campus.  (Ed. Code, Secs.  | 
      
      
        | 
           
			 | 
        39.107(b-8), (d).) | 
      
      
        | 
           
			 | 
               Sec. 39A.108.  IMPLEMENTATION OF CAMPUS TURNAROUND PLAN.   | 
      
      
        | 
           
			 | 
        Following approval of a campus turnaround plan by the commissioner,  | 
      
      
        | 
           
			 | 
        the school district, in consultation with the campus intervention  | 
      
      
        | 
           
			 | 
        team, may take any actions needed to prepare for the implementation  | 
      
      
        | 
           
			 | 
        of the plan. (Ed. Code, Sec. 39.107(b-5).) | 
      
      
        | 
           
			 | 
               Sec. 39A.109.  ASSISTANCE AND PARTNERSHIPS ALLOWED.  A  | 
      
      
        | 
           
			 | 
        school district may: | 
      
      
        | 
           
			 | 
                     (1)  request that a regional education service center  | 
      
      
        | 
           
			 | 
        provide assistance in the development and implementation of a  | 
      
      
        | 
           
			 | 
        campus turnaround plan; or | 
      
      
        | 
           
			 | 
                     (2)  partner with an institution of higher education to  | 
      
      
        | 
           
			 | 
        develop and implement a campus turnaround plan.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(b-2).) | 
      
      
        | 
           
			 | 
               Sec. 39A.110.  CHANGE IN CAMPUS PERFORMANCE RATING.  (a)  If  | 
      
      
        | 
           
			 | 
        a campus for which a campus turnaround plan has been ordered under  | 
      
      
        | 
           
			 | 
        Section 39A.101 receives an acceptable performance rating for the  | 
      
      
        | 
           
			 | 
        school year following the order, the board of trustees of the school  | 
      
      
        | 
           
			 | 
        district may: | 
      
      
        | 
           
			 | 
                     (1)  implement the campus turnaround plan; | 
      
      
        | 
           
			 | 
                     (2)  implement a modified version of the campus  | 
      
      
        | 
           
			 | 
        turnaround plan; or | 
      
      
        | 
           
			 | 
                     (3)  withdraw the campus turnaround plan. | 
      
      
        | 
           
			 | 
               (b)  A school district required to implement a campus  | 
      
      
        | 
           
			 | 
        turnaround plan may modify the plan if the campus receives an  | 
      
      
        | 
           
			 | 
        acceptable performance rating for two consecutive school years  | 
      
      
        | 
           
			 | 
        following implementation of the plan.  (Ed. Code, Secs.  | 
      
      
        | 
           
			 | 
        39.107(b-6), (b-7).) | 
      
      
        | 
           
			 | 
               Sec. 39A.111.  CONTINUED UNACCEPTABLE PERFORMANCE RATING.   | 
      
      
        | 
           
			 | 
        If a campus is considered to have an unacceptable performance  | 
      
      
        | 
           
			 | 
        rating for three consecutive school years after the campus is  | 
      
      
        | 
           
			 | 
        ordered to submit a campus turnaround plan under Section 39A.101,  | 
      
      
        | 
           
			 | 
        the commissioner, subject to Section 39A.112, shall order: | 
      
      
        | 
           
			 | 
                     (1)  appointment of a board of managers to govern the  | 
      
      
        | 
           
			 | 
        school district as provided by Section 39A.202; or | 
      
      
        | 
           
			 | 
                     (2)  closure of the campus. (Ed. Code, Sec. 39.107(e).) | 
      
      
        | 
           
			 | 
               Sec. 39A.112.  PARENT PETITION FOR ACTION.  (a)  For  | 
      
      
        | 
           
			 | 
        purposes of this section, "parent" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Section 12.051, and the signature of only one parent of a student is  | 
      
      
        | 
           
			 | 
        required. | 
      
      
        | 
           
			 | 
               (b)  If the commissioner is presented, in the time and manner  | 
      
      
        | 
           
			 | 
        specified by commissioner rule, with a written petition signed by  | 
      
      
        | 
           
			 | 
        the parents of a majority of the students enrolled at a campus to  | 
      
      
        | 
           
			 | 
        which Section 39A.111 applies, specifying an action authorized  | 
      
      
        | 
           
			 | 
        under that section that the parents request the commissioner to  | 
      
      
        | 
           
			 | 
        order, the commissioner shall, except as otherwise authorized by  | 
      
      
        | 
           
			 | 
        this section, order the specific action requested. | 
      
      
        | 
           
			 | 
               (c)  If the board of trustees of the school district in which  | 
      
      
        | 
           
			 | 
        the campus is located presents to the commissioner, in the time and  | 
      
      
        | 
           
			 | 
        manner specified by commissioner rule, a written request that the  | 
      
      
        | 
           
			 | 
        commissioner order specific action authorized under Section  | 
      
      
        | 
           
			 | 
        39A.111 other than the specific action requested in the parents'  | 
      
      
        | 
           
			 | 
        petition and a written explanation of the basis for the board's  | 
      
      
        | 
           
			 | 
        request, the commissioner may order the action requested by the  | 
      
      
        | 
           
			 | 
        board of trustees.  (Ed. Code, Secs. 39.107(e-2), (e-3).) | 
      
      
        | 
           
			 | 
               Sec. 39A.113.  REPURPOSING OF CLOSED CAMPUS.  (a)  If the  | 
      
      
        | 
           
			 | 
        commissioner orders the closure of a campus under this subchapter,  | 
      
      
        | 
           
			 | 
        that campus may be repurposed to serve students at that campus  | 
      
      
        | 
           
			 | 
        location only if the commissioner: | 
      
      
        | 
           
			 | 
                     (1)  finds that the repurposed campus: | 
      
      
        | 
           
			 | 
                           (A)  offers a distinctly different academic  | 
      
      
        | 
           
			 | 
        program; and | 
      
      
        | 
           
			 | 
                           (B)  serves a majority of grade levels not served  | 
      
      
        | 
           
			 | 
        at the original campus; and | 
      
      
        | 
           
			 | 
                     (2)  approves a new campus identification number for  | 
      
      
        | 
           
			 | 
        the repurposed campus. | 
      
      
        | 
           
			 | 
               (b)  The majority of students assigned to a campus that has  | 
      
      
        | 
           
			 | 
        been closed and repurposed may not have attended that campus in the  | 
      
      
        | 
           
			 | 
        previous school year. | 
      
      
        | 
           
			 | 
               (c)  Any student assigned to a campus that has been closed  | 
      
      
        | 
           
			 | 
        must be allowed to transfer to any other campus in the school  | 
      
      
        | 
           
			 | 
        district that serves that student's grade level and on request must  | 
      
      
        | 
           
			 | 
        be provided transportation to the other campus. | 
      
      
        | 
           
			 | 
               (d)  The commissioner may grant an exemption allowing  | 
      
      
        | 
           
			 | 
        students assigned to a closed campus to attend the repurposed  | 
      
      
        | 
           
			 | 
        campus if there is no other campus in the school district at which  | 
      
      
        | 
           
			 | 
        the students may enroll.  (Ed. Code, Sec. 39.107(e-1).) | 
      
      
        | 
           
			 | 
               Sec. 39A.114.  TARGETED TECHNICAL ASSISTANCE AUTHORIZED IN  | 
      
      
        | 
           
			 | 
        CERTAIN CIRCUMSTANCES.  If the commissioner determines that the  | 
      
      
        | 
           
			 | 
        basis for the unacceptable performance of a campus for more than two  | 
      
      
        | 
           
			 | 
        consecutive school years is limited to a specific condition that  | 
      
      
        | 
           
			 | 
        may be remedied with targeted technical assistance, the  | 
      
      
        | 
           
			 | 
        commissioner may require the school district to contract for the  | 
      
      
        | 
           
			 | 
        appropriate technical assistance.  (Ed. Code, Sec. 39.107(i).) | 
      
      
        | 
           
			 | 
               Sec. 39A.115.  RULES.  The commissioner may adopt rules  | 
      
      
        | 
           
			 | 
        necessary to implement this subchapter.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(q).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER D.  ALTERNATIVE MANAGEMENT | 
      
      
        | 
           
			 | 
               Sec. 39A.151.  SOLICITATION OF PROPOSALS FOR ALTERNATIVE  | 
      
      
        | 
           
			 | 
        MANAGEMENT.  (a)  If the commissioner orders alternative  | 
      
      
        | 
           
			 | 
        management of a campus under Section 39A.107, the commissioner  | 
      
      
        | 
           
			 | 
        shall solicit proposals from qualified nonprofit entities to assume  | 
      
      
        | 
           
			 | 
        management of the campus or appoint a school district as provided by  | 
      
      
        | 
           
			 | 
        Subsection (b).  The commissioner may solicit proposals from  | 
      
      
        | 
           
			 | 
        qualified for-profit entities if a nonprofit entity has not  | 
      
      
        | 
           
			 | 
        responded to the commissioner's request for proposals. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may appoint a school district to assume  | 
      
      
        | 
           
			 | 
        management of the campus if the district: | 
      
      
        | 
           
			 | 
                     (1)  is not the district in which the campus is located;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                     (2)  is located within the boundaries of the same  | 
      
      
        | 
           
			 | 
        regional education service center as the campus. | 
      
      
        | 
           
			 | 
               (c)  If a school district is appointed under Subsection (b),  | 
      
      
        | 
           
			 | 
        the district shall assume management of the campus in the same  | 
      
      
        | 
           
			 | 
        manner as a qualified entity or in accordance with commissioner  | 
      
      
        | 
           
			 | 
        rule. | 
      
      
        | 
           
			 | 
               (d)  The commissioner may annually solicit proposals under  | 
      
      
        | 
           
			 | 
        this section for the alternative management of a campus.  The  | 
      
      
        | 
           
			 | 
        commissioner shall notify a qualified entity that has been approved  | 
      
      
        | 
           
			 | 
        as a provider under this section.  (Ed. Code, Secs. 39.107(h), (j)  | 
      
      
        | 
           
			 | 
        (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.152.  QUALIFICATIONS OF MANAGING ENTITY.  (a)  To  | 
      
      
        | 
           
			 | 
        qualify for consideration as a managing entity under this  | 
      
      
        | 
           
			 | 
        subchapter, the entity must submit a proposal that provides  | 
      
      
        | 
           
			 | 
        information relating to the entity's management and leadership team  | 
      
      
        | 
           
			 | 
        that will participate in management of the campus under  | 
      
      
        | 
           
			 | 
        consideration, including information relating to individuals who  | 
      
      
        | 
           
			 | 
        have: | 
      
      
        | 
           
			 | 
                     (1)  documented success in whole school interventions  | 
      
      
        | 
           
			 | 
        that increased the educational and performance levels of students  | 
      
      
        | 
           
			 | 
        in campuses considered to have an unacceptable performance rating; | 
      
      
        | 
           
			 | 
                     (2)  a proven record of effectiveness with programs  | 
      
      
        | 
           
			 | 
        assisting low-performing students; | 
      
      
        | 
           
			 | 
                     (3)  a proven ability to apply research-based school  | 
      
      
        | 
           
			 | 
        intervention strategies; | 
      
      
        | 
           
			 | 
                     (4)  a proven record of financial ability to perform  | 
      
      
        | 
           
			 | 
        under the management contract; and | 
      
      
        | 
           
			 | 
                     (5)  any other experience or qualifications the  | 
      
      
        | 
           
			 | 
        commissioner determines necessary. | 
      
      
        | 
           
			 | 
               (b)  In selecting a managing entity under this subchapter,  | 
      
      
        | 
           
			 | 
        the commissioner shall give preference to a qualified entity that: | 
      
      
        | 
           
			 | 
                     (1)  meets any qualifications under this section; and | 
      
      
        | 
           
			 | 
                     (2)  has documented success in educating students from  | 
      
      
        | 
           
			 | 
        similar demographic groups and with similar educational needs as  | 
      
      
        | 
           
			 | 
        the students who attend the campus to be operated by the managing  | 
      
      
        | 
           
			 | 
        entity.  (Ed. Code, Secs. 39.107(k), (l).) | 
      
      
        | 
           
			 | 
               Sec. 39A.153.  CONTRACT WITH MANAGING ENTITY.  (a)  If the  | 
      
      
        | 
           
			 | 
        commissioner has ordered alternative management of a campus, the  | 
      
      
        | 
           
			 | 
        school district shall execute a contract with an approved provider  | 
      
      
        | 
           
			 | 
        to serve as a managing entity for the campus.  The term of the  | 
      
      
        | 
           
			 | 
        contract may not exceed five years with an option to renew the  | 
      
      
        | 
           
			 | 
        contract.  The district must execute the contract and relinquish  | 
      
      
        | 
           
			 | 
        control of the campus before January 1 of the school year. | 
      
      
        | 
           
			 | 
               (b)  The management contract must include: | 
      
      
        | 
           
			 | 
                     (1)  a provision describing the school district's  | 
      
      
        | 
           
			 | 
        responsibilities in supporting the operation of the campus; and | 
      
      
        | 
           
			 | 
                     (2)  provisions approved by the commissioner requiring  | 
      
      
        | 
           
			 | 
        the managing entity to demonstrate improvement in campus  | 
      
      
        | 
           
			 | 
        performance, including negotiated performance measures. | 
      
      
        | 
           
			 | 
               (c)  Performance measures included in a management contract  | 
      
      
        | 
           
			 | 
        as required by Subsection (b) must be consistent with the  | 
      
      
        | 
           
			 | 
        priorities of Chapter 39 and this chapter. | 
      
      
        | 
           
			 | 
               (d)  The management contract must be approved by the  | 
      
      
        | 
           
			 | 
        commissioner before the contract is executed.  As appropriate, the  | 
      
      
        | 
           
			 | 
        commissioner may require the school district, as a term of the  | 
      
      
        | 
           
			 | 
        contract, to support the campus in the same manner as the district  | 
      
      
        | 
           
			 | 
        was required to support the campus before the execution of the  | 
      
      
        | 
           
			 | 
        contract.  (Ed. Code, Secs. 39.107(g-1) (part), (j) (part), (m),  | 
      
      
        | 
           
			 | 
        (n) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.154.  EXTENSION OF MANAGEMENT CONTRACT.  The  | 
      
      
        | 
           
			 | 
        commissioner may require a school district to extend the term of a  | 
      
      
        | 
           
			 | 
        management contract with a managing entity if the commissioner  | 
      
      
        | 
           
			 | 
        determines that extending the contract on expiration of the initial  | 
      
      
        | 
           
			 | 
        term is in the best interest of the students attending the campus.  | 
      
      
        | 
           
			 | 
        The terms of the contract must be approved by the commissioner.   | 
      
      
        | 
           
			 | 
        (Ed. Code, Sec. 39.107(g-1) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.155.  EVALUATION OF MANAGING ENTITY.  (a)  The  | 
      
      
        | 
           
			 | 
        commissioner shall evaluate a managing entity's performance on the  | 
      
      
        | 
           
			 | 
        first and second anniversaries of the date of the management  | 
      
      
        | 
           
			 | 
        contract. | 
      
      
        | 
           
			 | 
               (b)  If the evaluation fails to demonstrate improvement as  | 
      
      
        | 
           
			 | 
        negotiated under the management contract by the first anniversary  | 
      
      
        | 
           
			 | 
        of the date of the contract, the school district may: | 
      
      
        | 
           
			 | 
                     (1)  terminate the contract, with the commissioner's  | 
      
      
        | 
           
			 | 
        consent, for nonperformance or breach of contract; and | 
      
      
        | 
           
			 | 
                     (2)  select another provider from an approved list  | 
      
      
        | 
           
			 | 
        provided by the commissioner. | 
      
      
        | 
           
			 | 
               (c)  If the evaluation fails to demonstrate significant  | 
      
      
        | 
           
			 | 
        improvement, as determined by the commissioner, by the second  | 
      
      
        | 
           
			 | 
        anniversary of the date of the management contract, the school  | 
      
      
        | 
           
			 | 
        district shall: | 
      
      
        | 
           
			 | 
                     (1)  terminate the contract; and | 
      
      
        | 
           
			 | 
                     (2)  select another provider from an approved list  | 
      
      
        | 
           
			 | 
        provided by the commissioner or resume operation of the campus if  | 
      
      
        | 
           
			 | 
        approved by the commissioner. | 
      
      
        | 
           
			 | 
               (d)  If the commissioner approves the school district's  | 
      
      
        | 
           
			 | 
        resumed operation of the campus as provided by Subsection (c), the  | 
      
      
        | 
           
			 | 
        commissioner shall assign a technical assistance team to assist the  | 
      
      
        | 
           
			 | 
        campus.  (Ed. Code, Sec. 39.107(n) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.156.  CANCELLATION OF MANAGEMENT CONTRACT.  If a  | 
      
      
        | 
           
			 | 
        campus receives an unacceptable performance rating for two  | 
      
      
        | 
           
			 | 
        consecutive school years after a managing entity assumes management  | 
      
      
        | 
           
			 | 
        of the campus, the commissioner shall cancel the contract with the  | 
      
      
        | 
           
			 | 
        managing entity.  (Ed. Code, Sec. 39.107(g-1) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.157.  RETURN OF MANAGEMENT TO SCHOOL DISTRICT.   | 
      
      
        | 
           
			 | 
        Subject to Section 39A.111, at the end of a management contract term  | 
      
      
        | 
           
			 | 
        or on the cancellation of a management contract under Section  | 
      
      
        | 
           
			 | 
        39A.156, the board of trustees of the school district shall resume  | 
      
      
        | 
           
			 | 
        management of the campus.  (Ed. Code, Sec. 39.107(g-2).) | 
      
      
        | 
           
			 | 
               Sec. 39A.158.  CONTINUED APPLICABILITY OF ACCOUNTABILITY  | 
      
      
        | 
           
			 | 
        PROVISIONS.  Each campus operated by a managing entity under this  | 
      
      
        | 
           
			 | 
        subchapter is subject to this chapter and Chapter 39 in the same  | 
      
      
        | 
           
			 | 
        manner as any other campus in the school district.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(p).) | 
      
      
        | 
           
			 | 
               Sec. 39A.159.  FUNDING OF CAMPUS OPERATED BY MANAGING  | 
      
      
        | 
           
			 | 
        ENTITY.  Notwithstanding any other provision of this code, the  | 
      
      
        | 
           
			 | 
        funding for a campus operated by a managing entity may not be less  | 
      
      
        | 
           
			 | 
        than the funding of the other campuses in the school district on a  | 
      
      
        | 
           
			 | 
        per student basis so that the managing entity receives at least the  | 
      
      
        | 
           
			 | 
        same funding the campus would otherwise have received.  (Ed. Code,  | 
      
      
        | 
           
			 | 
        Sec. 39.107(o).) | 
      
      
        | 
           
			 | 
               Sec. 39A.160.  OPEN MEETINGS AND PUBLIC INFORMATION.  With  | 
      
      
        | 
           
			 | 
        respect to the management of a campus by a managing entity: | 
      
      
        | 
           
			 | 
                     (1)  a managing entity is considered to be a  | 
      
      
        | 
           
			 | 
        governmental body for purposes of Chapters 551 and 552, Government  | 
      
      
        | 
           
			 | 
        Code; and | 
      
      
        | 
           
			 | 
                     (2)  any requirement in Chapter 551 or 552, Government  | 
      
      
        | 
           
			 | 
        Code, that applies to a school district or the board of trustees of  | 
      
      
        | 
           
			 | 
        a district applies to a managing entity.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(r).) | 
      
      
        | 
           
			 | 
               Sec. 39A.161.  RULES.  The commissioner may adopt rules  | 
      
      
        | 
           
			 | 
        necessary to implement this subchapter.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.107(q).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER E.  BOARD OF MANAGERS | 
      
      
        | 
           
			 | 
               Sec. 39A.201.  GENERAL POWERS AND DUTIES OF BOARD OF  | 
      
      
        | 
           
			 | 
        MANAGERS.  (a)  A board of managers may exercise all of the powers  | 
      
      
        | 
           
			 | 
        and duties assigned to a board of trustees of a school district by  | 
      
      
        | 
           
			 | 
        law, rule, or regulation. | 
      
      
        | 
           
			 | 
               (b)  A board of managers appointed by the commissioner under  | 
      
      
        | 
           
			 | 
        Subchapter C is required to take appropriate actions to resolve the  | 
      
      
        | 
           
			 | 
        conditions that caused a campus to be subject to an order under  | 
      
      
        | 
           
			 | 
        Section 39A.101, including amending the school district's budget,  | 
      
      
        | 
           
			 | 
        reassigning staff, or relocating academic programs.  The  | 
      
      
        | 
           
			 | 
        commissioner may adopt rules necessary to implement this  | 
      
      
        | 
           
			 | 
        subsection.  (Ed. Code, Secs. 39.107(e-4), (q), 39.112(a) (part).) | 
      
      
        | 
           
			 | 
               Sec. 39A.202.  BOARD OF MANAGERS OF SCHOOL DISTRICT.   | 
      
      
        | 
           
			 | 
        (a)  If the commissioner appoints a board of managers to govern a  | 
      
      
        | 
           
			 | 
        school district: | 
      
      
        | 
           
			 | 
                     (1)  the powers of the board of trustees of the district  | 
      
      
        | 
           
			 | 
        are suspended for the period of the appointment; and | 
      
      
        | 
           
			 | 
                     (2)  the commissioner shall appoint a district  | 
      
      
        | 
           
			 | 
        superintendent. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other provision of this code, a  | 
      
      
        | 
           
			 | 
        board of managers appointed to govern a school district may amend  | 
      
      
        | 
           
			 | 
        the budget of the district. | 
      
      
        | 
           
			 | 
               (c)  This chapter applies to a school district governed by a  | 
      
      
        | 
           
			 | 
        board of managers in the same manner that this chapter applies to  | 
      
      
        | 
           
			 | 
        any other district.  (Ed. Code, Secs. 39.112(a) (part), (b).) | 
      
      
        | 
           
			 | 
               Sec. 39A.203.  BOARD OF MANAGERS OF CAMPUS.  (a)  If the  | 
      
      
        | 
           
			 | 
        commissioner appoints a board of managers to govern a campus: | 
      
      
        | 
           
			 | 
                     (1)  the powers of the board of trustees of the school  | 
      
      
        | 
           
			 | 
        district in relation to the campus are suspended for the period of  | 
      
      
        | 
           
			 | 
        the appointment; and | 
      
      
        | 
           
			 | 
                     (2)  the commissioner shall appoint a campus principal. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other provision of this code, a  | 
      
      
        | 
           
			 | 
        board of managers appointed to govern a campus may submit to the  | 
      
      
        | 
           
			 | 
        commissioner for approval amendments to the budget of the school  | 
      
      
        | 
           
			 | 
        district for the benefit of the campus.  If the commissioner  | 
      
      
        | 
           
			 | 
        approves the amendments, the board of trustees of the district  | 
      
      
        | 
           
			 | 
        shall adopt the amendments.  (Ed. Code, Sec. 39.112(c).) | 
      
      
        | 
           
			 | 
               Sec. 39A.204.  COMPOSITION OF BOARD OF MANAGERS.  A board of  | 
      
      
        | 
           
			 | 
        managers appointed by the commissioner must, if possible, include  | 
      
      
        | 
           
			 | 
        community leaders, business representatives who have expertise in  | 
      
      
        | 
           
			 | 
        leadership, and individuals who have knowledge or expertise in the  | 
      
      
        | 
           
			 | 
        field of education.  (Ed. Code, Sec. 39.112(d-1).) | 
      
      
        | 
           
			 | 
               Sec. 39A.205.  TRAINING OF BOARD OF MANAGERS.  The  | 
      
      
        | 
           
			 | 
        commissioner must provide each individual appointed to a board of  | 
      
      
        | 
           
			 | 
        managers with training in effective leadership strategies. (Ed.  | 
      
      
        | 
           
			 | 
        Code, Sec. 39.112(d-2).) | 
      
      
        | 
           
			 | 
               Sec. 39A.206.  COMPENSATION.  (a)  The commissioner may  | 
      
      
        | 
           
			 | 
        authorize payment of a board of managers appointed under Subchapter  | 
      
      
        | 
           
			 | 
        C from agency funds. The commissioner may adopt rules necessary to  | 
      
      
        | 
           
			 | 
        implement this subsection. | 
      
      
        | 
           
			 | 
               (b)  A conservator or a member of a management team appointed  | 
      
      
        | 
           
			 | 
        to serve on a board of managers may continue to be compensated as  | 
      
      
        | 
           
			 | 
        determined by the commissioner.  (Ed. Code, Secs. 39.107(e-5), (q),  | 
      
      
        | 
           
			 | 
        39.112(d).) | 
      
      
        | 
           
			 | 
               Sec. 39A.207.  REPLACEMENT OF MEMBER OF BOARD OF MANAGERS.   | 
      
      
        | 
           
			 | 
        The commissioner may at any time replace a member of a board of  | 
      
      
        | 
           
			 | 
        managers appointed under Subchapter C.  The commissioner may adopt  | 
      
      
        | 
           
			 | 
        rules necessary to implement this section.  (Ed. Code, Secs.  | 
      
      
        | 
           
			 | 
        39.107(e-6), (q).) | 
      
      
        | 
           
			 | 
               Sec. 39A.208.  EXPIRATION OF APPOINTMENT.  (a)  A board of  | 
      
      
        | 
           
			 | 
        managers shall, during the period of the appointment, order the  | 
      
      
        | 
           
			 | 
        election of members of the board of trustees of the school district  | 
      
      
        | 
           
			 | 
        in accordance with applicable provisions of law.  Except as  | 
      
      
        | 
           
			 | 
        provided by Subsection (b), the members of the board of trustees do  | 
      
      
        | 
           
			 | 
        not assume any powers or duties after the election until the  | 
      
      
        | 
           
			 | 
        appointment of the board of managers expires. | 
      
      
        | 
           
			 | 
               (b)  Except as otherwise provided by Subsection (c), not  | 
      
      
        | 
           
			 | 
        later than the second anniversary of the date the board of managers  | 
      
      
        | 
           
			 | 
        of a school district was appointed, the commissioner shall notify  | 
      
      
        | 
           
			 | 
        the board of managers and the board of trustees of the date on which  | 
      
      
        | 
           
			 | 
        the appointment of the board of managers will expire.  Following  | 
      
      
        | 
           
			 | 
        each of the last three years of the period of the appointment,  | 
      
      
        | 
           
			 | 
        one-third of the members of the board of managers shall be replaced  | 
      
      
        | 
           
			 | 
        by the number of members of the board of trustees of the district  | 
      
      
        | 
           
			 | 
        who were elected at an election ordered under Subsection (a) that  | 
      
      
        | 
           
			 | 
        constitutes, as closely as possible, one-third of the membership of  | 
      
      
        | 
           
			 | 
        the board of trustees. | 
      
      
        | 
           
			 | 
               (c)  If, before the second anniversary of the date the board  | 
      
      
        | 
           
			 | 
        of managers of a school district was appointed, the commissioner  | 
      
      
        | 
           
			 | 
        determines, after receiving local feedback, that insufficient  | 
      
      
        | 
           
			 | 
        progress has been made toward improving the academic or financial  | 
      
      
        | 
           
			 | 
        performance of the district, the commissioner may extend the  | 
      
      
        | 
           
			 | 
        authority of the board of managers for a period of up to two  | 
      
      
        | 
           
			 | 
        additional years. | 
      
      
        | 
           
			 | 
               (d)  On the expiration of the appointment of the board of  | 
      
      
        | 
           
			 | 
        managers, the board of trustees assumes all of the powers and duties  | 
      
      
        | 
           
			 | 
        assigned to a board of trustees by law, rule, or regulation. | 
      
      
        | 
           
			 | 
               (e)  Following the expiration of the period of appointment of  | 
      
      
        | 
           
			 | 
        a board of managers for a school district, the commissioner shall  | 
      
      
        | 
           
			 | 
        provide training in effective leadership strategies to the board of  | 
      
      
        | 
           
			 | 
        trustees of the district.  (Ed. Code, Secs. 39.112(e), as amended  | 
      
      
        | 
           
			 | 
        Acts 84th Leg., R.S., Chs. 1046, 1104, (f), (g).) | 
      
      
        | 
           
			 | 
               Sec. 39A.209.  REMOVAL OF BOARD OF MANAGERS.   | 
      
      
        | 
           
			 | 
        (a)  Notwithstanding Section 39A.208, the commissioner may remove  | 
      
      
        | 
           
			 | 
        a board of managers appointed to govern a school district under  | 
      
      
        | 
           
			 | 
        Subchapter C only if the campus that was the basis for the  | 
      
      
        | 
           
			 | 
        appointment of the board of managers receives an acceptable  | 
      
      
        | 
           
			 | 
        performance rating for two consecutive school years. | 
      
      
        | 
           
			 | 
               (b)  If a campus that was the basis for the appointment of a  | 
      
      
        | 
           
			 | 
        board of managers receives an unacceptable performance rating for  | 
      
      
        | 
           
			 | 
        two additional consecutive years following the appointment of the  | 
      
      
        | 
           
			 | 
        board of managers, the commissioner may remove the board of  | 
      
      
        | 
           
			 | 
        managers and, in consultation with the local community, may appoint  | 
      
      
        | 
           
			 | 
        a new board of managers to govern the school district. | 
      
      
        | 
           
			 | 
               (c)  Following the removal of a board of managers under  | 
      
      
        | 
           
			 | 
        Subsection (a) or (b), or at the request of a managing entity  | 
      
      
        | 
           
			 | 
        appointed under Section 39A.107 to oversee the implementation of  | 
      
      
        | 
           
			 | 
        alternative management, the commissioner may appoint a conservator  | 
      
      
        | 
           
			 | 
        or monitor for the school district to ensure district-level support  | 
      
      
        | 
           
			 | 
        for low-performing campuses and to oversee the implementation of  | 
      
      
        | 
           
			 | 
        the updated targeted improvement plan. | 
      
      
        | 
           
			 | 
               (d)  The commissioner may adopt rules necessary to implement  | 
      
      
        | 
           
			 | 
        this section.  (Ed. Code, Secs. 39.107(f), (g), (q).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER F.  INTERVENTIONS AND SANCTIONS FOR OPEN-ENROLLMENT  | 
      
      
        | 
           
			 | 
        CHARTER SCHOOLS | 
      
      
        | 
           
			 | 
               Sec. 39A.251.  APPLICABILITY OF INTERVENTIONS AND SANCTIONS  | 
      
      
        | 
           
			 | 
        TO OPEN-ENROLLMENT CHARTER SCHOOL.  Interventions and sanctions  | 
      
      
        | 
           
			 | 
        authorized under this chapter for a school district or campus apply  | 
      
      
        | 
           
			 | 
        in the same manner to an open-enrollment charter school.  (Ed. Code,  | 
      
      
        | 
           
			 | 
        Sec. 39.104(a).) | 
      
      
        | 
           
			 | 
               Sec. 39A.252.  RULES.  (a)  The commissioner shall adopt  | 
      
      
        | 
           
			 | 
        rules to implement procedures to impose intervention or sanction  | 
      
      
        | 
           
			 | 
        provisions under this chapter as those provisions relate to an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school. | 
      
      
        | 
           
			 | 
               (b)  In adopting rules under this section, the commissioner  | 
      
      
        | 
           
			 | 
        shall require that the charter of an open-enrollment charter school  | 
      
      
        | 
           
			 | 
        be automatically: | 
      
      
        | 
           
			 | 
                     (1)  revoked if the charter school is ordered closed  | 
      
      
        | 
           
			 | 
        under this chapter; or | 
      
      
        | 
           
			 | 
                     (2)  modified to remove authorization for an individual  | 
      
      
        | 
           
			 | 
        campus if the campus is ordered closed under this chapter.  (Ed.  | 
      
      
        | 
           
			 | 
        Code, Secs. 39.104(b), (c).) | 
      
      
        | 
           
			 | 
               Sec. 39A.253.  HEARING NOT REQUIRED.  If interventions or  | 
      
      
        | 
           
			 | 
        sanctions are imposed on an open-enrollment charter school under  | 
      
      
        | 
           
			 | 
        the procedures provided by this chapter, the school is not entitled  | 
      
      
        | 
           
			 | 
        to an additional hearing relating to the modification, placement on  | 
      
      
        | 
           
			 | 
        probation, revocation, or denial of renewal of a charter as  | 
      
      
        | 
           
			 | 
        provided by Subchapter D, Chapter 12.  (Ed. Code, Sec. 39.104(d).) | 
      
      
        | 
           
			 | 
               Sec. 39A.254.  CAMPUS IMPROVEMENT PLAN FOR OPEN-ENROLLMENT  | 
      
      
        | 
           
			 | 
        CHARTER SCHOOL.  (a)  This section applies to an open-enrollment  | 
      
      
        | 
           
			 | 
        charter school campus that satisfies performance standards under  | 
      
      
        | 
           
			 | 
        Section 39.054(e) for the current school year but would not satisfy  | 
      
      
        | 
           
			 | 
        performance standards under Section 39.054(e) if the standards to  | 
      
      
        | 
           
			 | 
        be used for the following school year were applied to the current  | 
      
      
        | 
           
			 | 
        school year. | 
      
      
        | 
           
			 | 
               (b)  If this section applies to a campus, the campus shall: | 
      
      
        | 
           
			 | 
                     (1)  establish a campus-level planning and  | 
      
      
        | 
           
			 | 
        decision-making committee as provided by Sections 11.251(b)-(e),  | 
      
      
        | 
           
			 | 
        to the extent practicable; and | 
      
      
        | 
           
			 | 
                     (2)  develop a campus improvement plan as provided by  | 
      
      
        | 
           
			 | 
        Section 11.253. | 
      
      
        | 
           
			 | 
               (c)  On the request of the commissioner, the campus shall  | 
      
      
        | 
           
			 | 
        submit to the commissioner the portions of the campus improvement  | 
      
      
        | 
           
			 | 
        plan that are relevant to those areas for which the campus would not  | 
      
      
        | 
           
			 | 
        satisfy performance standards.  The portions of the improvement  | 
      
      
        | 
           
			 | 
        plan must be submitted in an electronic format.  (Ed. Code, Secs.  | 
      
      
        | 
           
			 | 
        39.105(a) (part), (b).) | 
      
      
        | 
           
			 | 
               Sec. 39A.255.  CAMPUS TURNAROUND PLAN FOR OPEN-ENROLLMENT  | 
      
      
        | 
           
			 | 
        CHARTER SCHOOL.  (a)  The commissioner shall adopt rules governing  | 
      
      
        | 
           
			 | 
        the procedures for an open-enrollment charter school campus that is  | 
      
      
        | 
           
			 | 
        subject to an order issued under Section 39A.101.  The commissioner  | 
      
      
        | 
           
			 | 
        may adopt other rules necessary to implement this section. | 
      
      
        | 
           
			 | 
               (b)  The campus turnaround plan of an open-enrollment  | 
      
      
        | 
           
			 | 
        charter school must include a revision of the school's charter in  | 
      
      
        | 
           
			 | 
        accordance with Section 12.114. | 
      
      
        | 
           
			 | 
               (c)  Nothing in this section or the following provisions of  | 
      
      
        | 
           
			 | 
        this chapter may be construed to modify any provision of Subchapter  | 
      
      
        | 
           
			 | 
        D, Chapter 12, relating to the expiration, nonrenewal, revocation,  | 
      
      
        | 
           
			 | 
        or modification of the governance of an open-enrollment charter  | 
      
      
        | 
           
			 | 
        school: | 
      
      
        | 
           
			 | 
                     (1)  Subchapter C; | 
      
      
        | 
           
			 | 
                     (2)  Subchapter D; | 
      
      
        | 
           
			 | 
                     (3)  Section 39A.201(b); | 
      
      
        | 
           
			 | 
                     (4)  Section 39A.206(a); | 
      
      
        | 
           
			 | 
                     (5)  Section 39A.207; and | 
      
      
        | 
           
			 | 
                     (6)  Section 39A.209. | 
      
      
        | 
           
			 | 
               (d)  The governing board of the open-enrollment charter  | 
      
      
        | 
           
			 | 
        school shall perform the duties of a board of trustees of a school  | 
      
      
        | 
           
			 | 
        district under this chapter.  (Ed. Code, Secs. 39.107(b-9), (q).) | 
      
      
        | 
           
			 | 
               Sec. 39A.256.  APPOINTMENT OF BOARD OF MANAGERS FOR  | 
      
      
        | 
           
			 | 
        OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  A board of managers appointed  | 
      
      
        | 
           
			 | 
        for an open-enrollment charter school or a campus of an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school under this chapter or Chapter 12 has  | 
      
      
        | 
           
			 | 
        the powers and duties prescribed by Section 39A.201(b), if  | 
      
      
        | 
           
			 | 
        applicable, and Sections 39A.201(a), 39A.202, 39A.203, and  | 
      
      
        | 
           
			 | 
        39A.206(b). | 
      
      
        | 
           
			 | 
               (b)  Except as otherwise provided by this subsection, the  | 
      
      
        | 
           
			 | 
        board of managers for an open-enrollment charter school or a campus  | 
      
      
        | 
           
			 | 
        of an open-enrollment charter school may not serve for a period that  | 
      
      
        | 
           
			 | 
        exceeds the period authorized by law for a board of managers  | 
      
      
        | 
           
			 | 
        appointed for a school district. A board of managers appointed to  | 
      
      
        | 
           
			 | 
        wind up the affairs of a former open-enrollment charter school or  | 
      
      
        | 
           
			 | 
        campus serves until dissolved by the commissioner.  (Ed. Code,  | 
      
      
        | 
           
			 | 
        Secs. 39.1121(a), (c).) | 
      
      
        | 
           
			 | 
               Sec. 39A.257.  SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER  | 
      
      
        | 
           
			 | 
        SCHOOL.  If the commissioner appoints a board of managers for an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school or a campus of an open-enrollment  | 
      
      
        | 
           
			 | 
        charter school, the commissioner may also appoint a superintendent.   | 
      
      
        | 
           
			 | 
        (Ed. Code, Sec. 39.1121(b).) | 
      
      
        | 
           
			 | 
               Sec. 39A.258.  REMOVAL BY COMMISSIONER.  Any person  | 
      
      
        | 
           
			 | 
        appointed to serve on the board of managers for an open-enrollment  | 
      
      
        | 
           
			 | 
        charter school or a campus of an open-enrollment charter school or  | 
      
      
        | 
           
			 | 
        as superintendent serves at the discretion of the commissioner and  | 
      
      
        | 
           
			 | 
        may be replaced by the commissioner at any time.  (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.1121(e).) | 
      
      
        | 
           
			 | 
               Sec. 39A.259.  COMPENSATION OF BOARD OF MANAGERS AND  | 
      
      
        | 
           
			 | 
        SUPERINTENDENT.  (a)  The commissioner may authorize compensation  | 
      
      
        | 
           
			 | 
        for a member of a board of managers for an open-enrollment charter  | 
      
      
        | 
           
			 | 
        school or a campus of an open-enrollment charter school or a  | 
      
      
        | 
           
			 | 
        superintendent appointed by the commissioner. | 
      
      
        | 
           
			 | 
               (b)  The commissioner shall establish the terms of  | 
      
      
        | 
           
			 | 
        compensation provided under Subsection (a). | 
      
      
        | 
           
			 | 
               (c)  The commissioner shall use funds received by or due to  | 
      
      
        | 
           
			 | 
        the former charter holder under Section 12.106 or funds returned to  | 
      
      
        | 
           
			 | 
        the state from liquidation of state property held by a former  | 
      
      
        | 
           
			 | 
        charter holder for compensation of a member of a board of managers  | 
      
      
        | 
           
			 | 
        for an open-enrollment charter school or a campus of an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school or a superintendent. | 
      
      
        | 
           
			 | 
               (d)  If funds described by Subsection (c) are not available  | 
      
      
        | 
           
			 | 
        or the commissioner determines that the circumstances require, the  | 
      
      
        | 
           
			 | 
        commissioner may use available agency funds, provided that the use  | 
      
      
        | 
           
			 | 
        of the available funds for that purpose is not prohibited by other  | 
      
      
        | 
           
			 | 
        law. | 
      
      
        | 
           
			 | 
               (e)  To the extent this section conflicts with Section  | 
      
      
        | 
           
			 | 
        39A.206(a), this section prevails.  (Ed. Code, Sec. 39.1122.) | 
      
      
        | 
           
			 | 
               Sec. 39A.260.  IMMUNITY; REPRESENTATION BY ATTORNEY  | 
      
      
        | 
           
			 | 
        GENERAL.  Any person appointed by the commissioner to serve on the  | 
      
      
        | 
           
			 | 
        board of managers for an open-enrollment charter school or a campus  | 
      
      
        | 
           
			 | 
        of an open-enrollment charter school or as superintendent acts on  | 
      
      
        | 
           
			 | 
        behalf of the commissioner and is entitled to: | 
      
      
        | 
           
			 | 
                     (1)  sovereign immunity; and | 
      
      
        | 
           
			 | 
                     (2)  representation by the attorney general for any act  | 
      
      
        | 
           
			 | 
        or omission taken while acting in the person's official capacity.   | 
      
      
        | 
           
			 | 
        (Ed. Code, Sec. 39.1121(d).) | 
      
      
        | 
           
			 | 
        SUBCHAPTER G.  CHALLENGE OF INTERVENTION OR SANCTION | 
      
      
        | 
           
			 | 
               Sec. 39A.301.  REVIEW OF SANCTIONS BY STATE OFFICE OF  | 
      
      
        | 
           
			 | 
        ADMINISTRATIVE HEARINGS.  (a)  A school district or  | 
      
      
        | 
           
			 | 
        open-enrollment charter school that intends to challenge a decision  | 
      
      
        | 
           
			 | 
        by the commissioner under this chapter to close the district or a  | 
      
      
        | 
           
			 | 
        district campus or the charter school or to pursue alternative  | 
      
      
        | 
           
			 | 
        management of a district campus or the charter school must appeal  | 
      
      
        | 
           
			 | 
        the decision under this section. | 
      
      
        | 
           
			 | 
               (b)  A challenge to a decision under this section is under  | 
      
      
        | 
           
			 | 
        the substantial evidence rule as provided by Subchapter G, Chapter  | 
      
      
        | 
           
			 | 
        2001, Government Code.  The commissioner shall adopt procedural  | 
      
      
        | 
           
			 | 
        rules for a challenge under this section. | 
      
      
        | 
           
			 | 
               (c)  Notwithstanding other law: | 
      
      
        | 
           
			 | 
                     (1)  the State Office of Administrative Hearings shall  | 
      
      
        | 
           
			 | 
        conduct an expedited review of a challenge under this section; | 
      
      
        | 
           
			 | 
                     (2)  the administrative law judge shall issue a final  | 
      
      
        | 
           
			 | 
        order not later than the 30th day after the date on which the  | 
      
      
        | 
           
			 | 
        hearing is finally closed; | 
      
      
        | 
           
			 | 
                     (3)  the decision of the administrative law judge is  | 
      
      
        | 
           
			 | 
        final and may not be appealed; and | 
      
      
        | 
           
			 | 
                     (4)  the decision of the administrative law judge may  | 
      
      
        | 
           
			 | 
        set an effective date for an action under this section. (Ed. Code,  | 
      
      
        | 
           
			 | 
        Sec. 39.152.) | 
      
      
        | 
           
			 | 
        SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS | 
      
      
        | 
           
			 | 
               Sec. 39A.901.  ANNUAL REVIEW.  (a)  The commissioner shall  | 
      
      
        | 
           
			 | 
        annually review the performance of a school district or campus  | 
      
      
        | 
           
			 | 
        subject to this chapter to determine the appropriate actions to be  | 
      
      
        | 
           
			 | 
        implemented under this chapter. | 
      
      
        | 
           
			 | 
               (b)  The commissioner must review at least annually the  | 
      
      
        | 
           
			 | 
        performance of a school district for which the accreditation status  | 
      
      
        | 
           
			 | 
        or performance rating has been lowered due to insufficient student  | 
      
      
        | 
           
			 | 
        performance and may not raise the accreditation status or  | 
      
      
        | 
           
			 | 
        performance rating until the district has demonstrated improved  | 
      
      
        | 
           
			 | 
        student performance. | 
      
      
        | 
           
			 | 
               (c)  If the review conducted under this section reveals a  | 
      
      
        | 
           
			 | 
        lack of improvement, the commissioner shall increase the level of  | 
      
      
        | 
           
			 | 
        state intervention and sanction unless the commissioner finds good  | 
      
      
        | 
           
			 | 
        cause for maintaining the current status. (Ed. Code, Sec. 39.108.) | 
      
      
        | 
           
			 | 
               Sec. 39A.902.  ACQUISITION OF PROFESSIONAL SERVICES.  In  | 
      
      
        | 
           
			 | 
        addition to other interventions and sanctions authorized under this  | 
      
      
        | 
           
			 | 
        chapter, the commissioner may order a school district or campus to  | 
      
      
        | 
           
			 | 
        acquire professional services at the expense of the district or  | 
      
      
        | 
           
			 | 
        campus to address the applicable financial, assessment, data  | 
      
      
        | 
           
			 | 
        quality, program, performance, or governance deficiency.  The  | 
      
      
        | 
           
			 | 
        commissioner's order may require the district or campus to: | 
      
      
        | 
           
			 | 
                     (1)  select or be assigned an external auditor, data  | 
      
      
        | 
           
			 | 
        quality expert, professional authorized to monitor district  | 
      
      
        | 
           
			 | 
        assessment instrument administration, or curriculum or program  | 
      
      
        | 
           
			 | 
        expert; or | 
      
      
        | 
           
			 | 
                     (2)  provide for or participate in the appropriate  | 
      
      
        | 
           
			 | 
        training of district staff or board of trustees members in the case  | 
      
      
        | 
           
			 | 
        of a district, or campus staff, in the case of a campus. (Ed. Code,  | 
      
      
        | 
           
			 | 
        Sec. 39.109.) | 
      
      
        | 
           
			 | 
               Sec. 39A.903.  COSTS PAID BY SCHOOL DISTRICT.  The costs of  | 
      
      
        | 
           
			 | 
        providing a monitor, conservator, management team, campus  | 
      
      
        | 
           
			 | 
        intervention team, technical assistance team, managing entity, or  | 
      
      
        | 
           
			 | 
        service provider under this chapter shall be paid by the school  | 
      
      
        | 
           
			 | 
        district.  If the district fails or refuses to pay the costs in a  | 
      
      
        | 
           
			 | 
        timely manner, the commissioner may: | 
      
      
        | 
           
			 | 
                     (1)  pay the costs using amounts withheld from any  | 
      
      
        | 
           
			 | 
        funds to which the district is otherwise entitled; or | 
      
      
        | 
           
			 | 
                     (2)  recover the amount of the costs in the manner  | 
      
      
        | 
           
			 | 
        provided for recovery of an overallocation of state funds under  | 
      
      
        | 
           
			 | 
        Section 42.258. (Ed. Code, Sec. 39.110.) | 
      
      
        | 
           
			 | 
               Sec. 39A.904.  IMMUNITY FROM CIVIL LIABILITY.  An employee,  | 
      
      
        | 
           
			 | 
        volunteer, or contractor acting on behalf of the commissioner under  | 
      
      
        | 
           
			 | 
        this chapter, or a member of a board of managers appointed by the  | 
      
      
        | 
           
			 | 
        commissioner under this chapter, is immune from civil liability to  | 
      
      
        | 
           
			 | 
        the same extent as a professional employee of a school district  | 
      
      
        | 
           
			 | 
        under Section 22.051. (Ed. Code, Sec. 39.114.) | 
      
      
        | 
           
			 | 
               Sec. 39A.905.  CAMPUS NAME CHANGE PROHIBITED.  In  | 
      
      
        | 
           
			 | 
        reconstituting, repurposing, or imposing any other intervention or  | 
      
      
        | 
           
			 | 
        sanction on a campus under this chapter, the commissioner may not  | 
      
      
        | 
           
			 | 
        require that the name of the campus be changed. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.115.) | 
      
      
        | 
           
			 | 
               Sec. 39A.906.  TRANSITIONAL INTERVENTIONS AND SANCTIONS.   | 
      
      
        | 
           
			 | 
        (a)  For a campus that received an unacceptable performance rating  | 
      
      
        | 
           
			 | 
        for the 2013-2014, 2014-2015, and 2015-2016 school years, the  | 
      
      
        | 
           
			 | 
        commissioner may apply the interventions and sanctions authorized  | 
      
      
        | 
           
			 | 
        by Chapter 39 as that chapter existed on January 1, 2015, to the  | 
      
      
        | 
           
			 | 
        campus. | 
      
      
        | 
           
			 | 
               (b)  If a campus described by Subsection (a) receives an  | 
      
      
        | 
           
			 | 
        unacceptable performance rating for the 2016-2017 and 2017-2018  | 
      
      
        | 
           
			 | 
        school years, the commissioner shall apply the interventions and  | 
      
      
        | 
           
			 | 
        sanctions authorized by Section 39A.111 to the campus. | 
      
      
        | 
           
			 | 
               (c)  For a campus that received an acceptable performance  | 
      
      
        | 
           
			 | 
        rating for the 2013-2014 school year and an unacceptable  | 
      
      
        | 
           
			 | 
        performance rating for the 2014-2015 and 2015-2016 school years,  | 
      
      
        | 
           
			 | 
        the commissioner shall apply the interventions and sanctions  | 
      
      
        | 
           
			 | 
        authorized by Section 39A.101(a) to the campus. | 
      
      
        | 
           
			 | 
               (d)  If a campus described by Subsection (c) receives an  | 
      
      
        | 
           
			 | 
        unacceptable performance rating for the 2016-2017, 2017-2018, and  | 
      
      
        | 
           
			 | 
        2018-2019 school years, the commissioner shall apply the  | 
      
      
        | 
           
			 | 
        interventions and sanctions authorized by Section 39A.111 to the  | 
      
      
        | 
           
			 | 
        campus. | 
      
      
        | 
           
			 | 
               (e)  The commissioner may adopt rules as necessary to  | 
      
      
        | 
           
			 | 
        implement this section. | 
      
      
        | 
           
			 | 
               (f)  This section expires September 1, 2020. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.1071.) | 
      
      
        | 
           
			 | 
               Sec. 39A.907.  SPECIAL STUDENT RECOVERY PROGRAM.  (a)  This  | 
      
      
        | 
           
			 | 
        section applies only to a school district with a student enrollment  | 
      
      
        | 
           
			 | 
        of at least 60,000 that is located in a county on the international  | 
      
      
        | 
           
			 | 
        border with a population of 800,000 or more. | 
      
      
        | 
           
			 | 
               (b)  The commissioner may require a school district to which  | 
      
      
        | 
           
			 | 
        this section applies to operate a special student recovery program  | 
      
      
        | 
           
			 | 
        if the commissioner has imposed a sanction under Subchapter A based  | 
      
      
        | 
           
			 | 
        on a determination that the district has, for the purpose of  | 
      
      
        | 
           
			 | 
        affecting the performance rating under Section 39.054 or former  | 
      
      
        | 
           
			 | 
        Section 39.072 or a distinction designation under Section 39.202 or  | 
      
      
        | 
           
			 | 
        39.203 of the district or a campus in the district: | 
      
      
        | 
           
			 | 
                     (1)  assigned a student to a grade level to which the  | 
      
      
        | 
           
			 | 
        student would not otherwise be assigned, in violation of local  | 
      
      
        | 
           
			 | 
        policy; | 
      
      
        | 
           
			 | 
                     (2)  retained a student at a grade level at which the  | 
      
      
        | 
           
			 | 
        student would not otherwise be retained, in violation of local  | 
      
      
        | 
           
			 | 
        policy; | 
      
      
        | 
           
			 | 
                     (3)  declined to admit to the schools of the district a  | 
      
      
        | 
           
			 | 
        student with limited English proficiency who was eligible for  | 
      
      
        | 
           
			 | 
        admission; or | 
      
      
        | 
           
			 | 
                     (4)  encouraged a student who was eligible for  | 
      
      
        | 
           
			 | 
        admission to the district to enroll in another district or drop out  | 
      
      
        | 
           
			 | 
        of school. | 
      
      
        | 
           
			 | 
               (c)  The commissioner shall require a school district to  | 
      
      
        | 
           
			 | 
        which this section applies to operate a special student recovery  | 
      
      
        | 
           
			 | 
        program if the superintendent or assistant superintendent of the  | 
      
      
        | 
           
			 | 
        district or a principal or assistant principal of a campus in the  | 
      
      
        | 
           
			 | 
        district is convicted of or receives a grant of deferred  | 
      
      
        | 
           
			 | 
        adjudication community supervision for an offense associated with  | 
      
      
        | 
           
			 | 
        conduct described by Subsection (b). | 
      
      
        | 
           
			 | 
               (d)  A special student recovery program must include: | 
      
      
        | 
           
			 | 
                     (1)  identification of students affected by conduct  | 
      
      
        | 
           
			 | 
        described by Subsection (b), with an emphasis on identifying and  | 
      
      
        | 
           
			 | 
        obtaining current addresses for students who dropped out of school  | 
      
      
        | 
           
			 | 
        after the conduct; | 
      
      
        | 
           
			 | 
                     (2)  notification of students identified under  | 
      
      
        | 
           
			 | 
        Subdivision (1) of the availability of educational services  | 
      
      
        | 
           
			 | 
        provided through the program; | 
      
      
        | 
           
			 | 
                     (3)  provision of appropriate compensatory, intensive,  | 
      
      
        | 
           
			 | 
        and accelerated instructional services for students identified  | 
      
      
        | 
           
			 | 
        under Subdivision (1), including services designed to enable  | 
      
      
        | 
           
			 | 
        students to obtain high school equivalency certificates under  | 
      
      
        | 
           
			 | 
        Section 7.111; and | 
      
      
        | 
           
			 | 
                     (4)  for students identified under Subdivision (1) who  | 
      
      
        | 
           
			 | 
        are at least 21 years of age and under 26 years of age, the offer of  | 
      
      
        | 
           
			 | 
        admission to the schools of the school district for the purpose of  | 
      
      
        | 
           
			 | 
        completing the requirements for a high school diploma, as  | 
      
      
        | 
           
			 | 
        authorized by Section 25.001. | 
      
      
        | 
           
			 | 
               (e)  A student who is at least 21 years of age and is admitted  | 
      
      
        | 
           
			 | 
        to the schools of the school district under Subsection (d)(4) is  | 
      
      
        | 
           
			 | 
        subject to the placement restrictions described by Section  | 
      
      
        | 
           
			 | 
        25.001(b-2) if the student has not attended school in the three  | 
      
      
        | 
           
			 | 
        preceding school years. | 
      
      
        | 
           
			 | 
               (f)  In addition to any other available funds, a school  | 
      
      
        | 
           
			 | 
        district may use funds provided to the district under Section  | 
      
      
        | 
           
			 | 
        42.152 to pay the costs of the program.  Instructional services may  | 
      
      
        | 
           
			 | 
        be provided to students identified under Subsection (d)(1) who are  | 
      
      
        | 
           
			 | 
        under 26 years of age using funds provided under Section 42.152 or  | 
      
      
        | 
           
			 | 
        other Foundation School Program funds, notwithstanding Section  | 
      
      
        | 
           
			 | 
        42.003. | 
      
      
        | 
           
			 | 
               (g)  This section requires a school district to provide  | 
      
      
        | 
           
			 | 
        instructional services only to a student who is a resident of this  | 
      
      
        | 
           
			 | 
        state and is eligible for admission to the schools of the district  | 
      
      
        | 
           
			 | 
        under Section 25.001, including eligibility described by that  | 
      
      
        | 
           
			 | 
        section for students who are under 26 years of age. | 
      
      
        | 
           
			 | 
               (h)  The commissioner shall determine the duration of a  | 
      
      
        | 
           
			 | 
        special student recovery program, provided that the program must  | 
      
      
        | 
           
			 | 
        have a duration of at least two years.  Before a program may be  | 
      
      
        | 
           
			 | 
        concluded, the school district must conduct a public hearing in the  | 
      
      
        | 
           
			 | 
        community served by the district to solicit comments from students,  | 
      
      
        | 
           
			 | 
        parents, and other members of the community regarding whether there  | 
      
      
        | 
           
			 | 
        is a continuing need for the program. | 
      
      
        | 
           
			 | 
               (i)  The commissioner shall adopt rules necessary to  | 
      
      
        | 
           
			 | 
        implement this section. | 
      
      
        | 
           
			 | 
               (j)  This section expires September 1, 2018. (Ed. Code, Sec.  | 
      
      
        | 
           
			 | 
        39.117.) | 
      
      
        | 
           
			 | 
               SECTION 21.002.  The following provisions are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Subchapter E, Chapter 39, Education Code; and | 
      
      
        | 
           
			 | 
                     (2)  Section 39.152, Education Code. | 
      
      
        | 
           
			 | 
               SECTION 21.003.  The following changes are made to conform  | 
      
      
        | 
           
			 | 
        the provisions amended to the nonsubstantive revision set out in  | 
      
      
        | 
           
			 | 
        Section 21.001 of this Act: | 
      
      
        | 
           
			 | 
                     (1)  Section 7.028(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Section 29.001(5), 29.010(a), or  | 
      
      
        | 
           
			 | 
        39.057, the agency may monitor compliance with requirements  | 
      
      
        | 
           
			 | 
        applicable to a process or program provided by a school district,  | 
      
      
        | 
           
			 | 
        campus, program, or school granted charters under Chapter 12,  | 
      
      
        | 
           
			 | 
        including the process described by Subchapter F, Chapter 11, or a  | 
      
      
        | 
           
			 | 
        program described by Subchapter B, C, D, E, F, H, or I, Chapter 29,  | 
      
      
        | 
           
			 | 
        Subchapter A, Chapter 37, or Section 38.003, and the use of funds  | 
      
      
        | 
           
			 | 
        provided for such a program under Subchapter C, Chapter 42, only as  | 
      
      
        | 
           
			 | 
        necessary to ensure: | 
      
      
        | 
           
			 | 
                     (1)  compliance with federal law and regulations; | 
      
      
        | 
           
			 | 
                     (2)  financial accountability, including compliance  | 
      
      
        | 
           
			 | 
        with grant requirements; and | 
      
      
        | 
           
			 | 
                     (3)  data integrity for purposes of: | 
      
      
        | 
           
			 | 
                           (A)  the Public Education Information Management  | 
      
      
        | 
           
			 | 
        System (PEIMS); and | 
      
      
        | 
           
			 | 
                           (B)  accountability under Chapters [Chapter] 39  | 
      
      
        | 
           
			 | 
        and 39A. | 
      
      
        | 
           
			 | 
                     (2)  Section 7.055(b)(32), Education Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
                     (32)  The commissioner shall perform duties in  | 
      
      
        | 
           
			 | 
        connection with the public school accountability system as  | 
      
      
        | 
           
			 | 
        prescribed by Chapters [Chapter] 39 and 39A. | 
      
      
        | 
           
			 | 
                     (3)  Sections 7.056(e) and (f), Education Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  Except as provided by Subsection (f), a school campus or  | 
      
      
        | 
           
			 | 
        district may not receive an exemption or waiver under this section  | 
      
      
        | 
           
			 | 
        from: | 
      
      
        | 
           
			 | 
                     (1)  a prohibition on conduct that constitutes a  | 
      
      
        | 
           
			 | 
        criminal offense; | 
      
      
        | 
           
			 | 
                     (2)  a requirement imposed by federal law or rule,  | 
      
      
        | 
           
			 | 
        including a requirement for special education or bilingual  | 
      
      
        | 
           
			 | 
        education programs; or | 
      
      
        | 
           
			 | 
                     (3)  a requirement, restriction, or prohibition  | 
      
      
        | 
           
			 | 
        relating to: | 
      
      
        | 
           
			 | 
                           (A)  essential knowledge or skills under Section  | 
      
      
        | 
           
			 | 
        28.002 or high school graduation requirements under Section 28.025; | 
      
      
        | 
           
			 | 
                           (B)  public school accountability as provided by  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; | 
      
      
        | 
           
			 | 
                           (C)  extracurricular activities under Section  | 
      
      
        | 
           
			 | 
        33.081 or participation in a University Interscholastic League  | 
      
      
        | 
           
			 | 
        area, regional, or state competition under Section 33.0812; | 
      
      
        | 
           
			 | 
                           (D)  health and safety under Chapter 38; | 
      
      
        | 
           
			 | 
                           (E)  purchasing under Subchapter B, Chapter 44; | 
      
      
        | 
           
			 | 
                           (F)  elementary school class size limits, except  | 
      
      
        | 
           
			 | 
        as provided by Section 25.112; | 
      
      
        | 
           
			 | 
                           (G)  removal of a disruptive student from the  | 
      
      
        | 
           
			 | 
        classroom under Subchapter A, Chapter 37; | 
      
      
        | 
           
			 | 
                           (H)  at-risk programs under Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        29; | 
      
      
        | 
           
			 | 
                           (I)  prekindergarten programs under Subchapter E,  | 
      
      
        | 
           
			 | 
        Chapter 29; | 
      
      
        | 
           
			 | 
                           (J)  educator rights and benefits under  | 
      
      
        | 
           
			 | 
        Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter  | 
      
      
        | 
           
			 | 
        A, Chapter 22; | 
      
      
        | 
           
			 | 
                           (K)  special education programs under Subchapter  | 
      
      
        | 
           
			 | 
        A, Chapter 29; | 
      
      
        | 
           
			 | 
                           (L)  bilingual education programs under  | 
      
      
        | 
           
			 | 
        Subchapter B, Chapter 29; or | 
      
      
        | 
           
			 | 
                           (M)  the requirements for the first day of  | 
      
      
        | 
           
			 | 
        instruction under Section 25.0811. | 
      
      
        | 
           
			 | 
               (f)  A school district or campus that is required to develop  | 
      
      
        | 
           
			 | 
        and implement a student achievement improvement plan under  | 
      
      
        | 
           
			 | 
        Subchapter A, Chapter 39A, or Section 39A.051 [Section 39.102 or 
         | 
      
      
        | 
           
			 | 
        
          39.103] may receive an exemption or waiver under this section from  | 
      
      
        | 
           
			 | 
        any law or rule other than: | 
      
      
        | 
           
			 | 
                     (1)  a prohibition on conduct that constitutes a  | 
      
      
        | 
           
			 | 
        criminal offense; | 
      
      
        | 
           
			 | 
                     (2)  a requirement imposed by federal law or rule; | 
      
      
        | 
           
			 | 
                     (3)  a requirement, restriction, or prohibition  | 
      
      
        | 
           
			 | 
        imposed by state law or rule relating to: | 
      
      
        | 
           
			 | 
                           (A)  public school accountability as provided by  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; or | 
      
      
        | 
           
			 | 
                           (B)  educator rights and benefits under  | 
      
      
        | 
           
			 | 
        Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter  | 
      
      
        | 
           
			 | 
        A, Chapter 22; or | 
      
      
        | 
           
			 | 
                     (4)  selection of instructional materials under  | 
      
      
        | 
           
			 | 
        Chapter 31. | 
      
      
        | 
           
			 | 
                     (4)  Section 7.102(c)(29), Education Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
                     (29)  The board shall perform duties in connection with  | 
      
      
        | 
           
			 | 
        the public school accountability system as prescribed by Chapters  | 
      
      
        | 
           
			 | 
        [Chapter] 39 and 39A. | 
      
      
        | 
           
			 | 
                     (5)  Section 12.013(b), Education Code, is 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, 42, and 43; | 
      
      
        | 
           
			 | 
                           (N)  extracurricular activities under Section  | 
      
      
        | 
           
			 | 
        33.081; | 
      
      
        | 
           
			 | 
                           (O)  health and safety under Chapter 38; | 
      
      
        | 
           
			 | 
                           (P)  public school accountability under  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] and J, Chapter 39, and Chapter 39A; | 
      
      
        | 
           
			 | 
                           (Q)  equalized wealth under Chapter 41; | 
      
      
        | 
           
			 | 
                           (R)  a bond or other obligation or tax rate under  | 
      
      
        | 
           
			 | 
        Chapters 42, 43, and 45; and | 
      
      
        | 
           
			 | 
                           (S)  purchasing under Chapter 44. | 
      
      
        | 
           
			 | 
                     (6)  Section 12.016, Education Code, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 12.016.  CONTENT.  Each home-rule school district  | 
      
      
        | 
           
			 | 
        charter must: | 
      
      
        | 
           
			 | 
                     (1)  describe the educational program to be offered; | 
      
      
        | 
           
			 | 
                     (2)  provide that continuation of the home-rule school  | 
      
      
        | 
           
			 | 
        district charter is contingent on: | 
      
      
        | 
           
			 | 
                           (A)  acceptable student performance on assessment  | 
      
      
        | 
           
			 | 
        instruments adopted under Subchapter B, Chapter 39; and | 
      
      
        | 
           
			 | 
                           (B)  compliance with other applicable  | 
      
      
        | 
           
			 | 
        accountability provisions under Chapters [Chapter] 39 and 39A; | 
      
      
        | 
           
			 | 
                     (3)  specify any basis, in addition to a basis  | 
      
      
        | 
           
			 | 
        specified by this subchapter, on which the charter may be placed on  | 
      
      
        | 
           
			 | 
        probation or revoked; | 
      
      
        | 
           
			 | 
                     (4)  describe the governing structure of the district  | 
      
      
        | 
           
			 | 
        and campuses; | 
      
      
        | 
           
			 | 
                     (5)  specify any procedure or requirement, in addition  | 
      
      
        | 
           
			 | 
        to those under Chapter 38, that the district will follow to ensure  | 
      
      
        | 
           
			 | 
        the health and safety of students and employees; | 
      
      
        | 
           
			 | 
                     (6)  describe the process by which the district will  | 
      
      
        | 
           
			 | 
        adopt an annual budget, including a description of the use of  | 
      
      
        | 
           
			 | 
        program-weight funds; | 
      
      
        | 
           
			 | 
                     (7)  describe the manner in which an annual audit of  | 
      
      
        | 
           
			 | 
        financial and programmatic operations of the district is to be  | 
      
      
        | 
           
			 | 
        conducted, including the manner in which the district will provide  | 
      
      
        | 
           
			 | 
        information necessary for the district to participate in the Public  | 
      
      
        | 
           
			 | 
        Education Information Management System (PEIMS) to the extent  | 
      
      
        | 
           
			 | 
        required by this subchapter; and | 
      
      
        | 
           
			 | 
                     (8)  include any other provision the charter commission  | 
      
      
        | 
           
			 | 
        considers necessary. | 
      
      
        | 
           
			 | 
                     (7)  Section 12.056(b), Education Code, is 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; | 
      
      
        | 
           
			 | 
                           (G)  extracurricular activities under Section  | 
      
      
        | 
           
			 | 
        33.081; | 
      
      
        | 
           
			 | 
                           (H)  health and safety under Chapter 38; and | 
      
      
        | 
           
			 | 
                           (I)  public school accountability under  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] F, and J, Chapter 39, and Chapter 39A. | 
      
      
        | 
           
			 | 
                     (8)  Section 12.059, Education Code, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 12.059.  CONTENT.  Each charter granted under this  | 
      
      
        | 
           
			 | 
        subchapter must: | 
      
      
        | 
           
			 | 
                     (1)  describe the educational program to be offered,  | 
      
      
        | 
           
			 | 
        which may be a general or specialized program; | 
      
      
        | 
           
			 | 
                     (2)  provide that continuation of the charter is  | 
      
      
        | 
           
			 | 
        contingent on satisfactory student performance under Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 39, satisfactory financial performance under Subchapter D,  | 
      
      
        | 
           
			 | 
        Chapter 39, and compliance with other applicable accountability  | 
      
      
        | 
           
			 | 
        provisions under Chapters [Chapter] 39 and 39A; | 
      
      
        | 
           
			 | 
                     (3)  specify any basis, in addition to a basis  | 
      
      
        | 
           
			 | 
        specified by this subchapter, on which the charter may be revoked; | 
      
      
        | 
           
			 | 
                     (4)  prohibit discrimination in admission on the basis  | 
      
      
        | 
           
			 | 
        of national origin, ethnicity, race, religion, or disability; | 
      
      
        | 
           
			 | 
                     (5)  describe the governing structure of the campus or  | 
      
      
        | 
           
			 | 
        program; | 
      
      
        | 
           
			 | 
                     (6)  specify any procedure or requirement, in addition  | 
      
      
        | 
           
			 | 
        to those under Chapter 38, that the campus or program will follow to  | 
      
      
        | 
           
			 | 
        ensure the health and safety of students and employees; and | 
      
      
        | 
           
			 | 
                     (7)  describe the manner in which an annual audit of  | 
      
      
        | 
           
			 | 
        financial and programmatic operations of the campus or program is  | 
      
      
        | 
           
			 | 
        to be conducted, including the manner in which the campus or program  | 
      
      
        | 
           
			 | 
        will provide information necessary for the school district in which  | 
      
      
        | 
           
			 | 
        it is located to participate, as required by this code or by  | 
      
      
        | 
           
			 | 
        commissioner rule, in the Public Education Information Management  | 
      
      
        | 
           
			 | 
        System (PEIMS). | 
      
      
        | 
           
			 | 
                     (9)  Section 12.102, Education Code, is amended to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Sec. 12.102.  AUTHORITY UNDER CHARTER.  An open-enrollment  | 
      
      
        | 
           
			 | 
        charter school: | 
      
      
        | 
           
			 | 
                     (1)  shall provide instruction to students at one or  | 
      
      
        | 
           
			 | 
        more elementary or secondary grade levels as provided by the  | 
      
      
        | 
           
			 | 
        charter; | 
      
      
        | 
           
			 | 
                     (2)  is governed under the governing structure  | 
      
      
        | 
           
			 | 
        described by the charter; | 
      
      
        | 
           
			 | 
                     (3)  retains authority to operate under the charter to  | 
      
      
        | 
           
			 | 
        the extent authorized under Sections 12.1141 and 12.115 and Chapter  | 
      
      
        | 
           
			 | 
        39A [Subchapter E, Chapter 39]; and | 
      
      
        | 
           
			 | 
                     (4)  does not have authority to impose taxes. | 
      
      
        | 
           
			 | 
                     (10)  Section 12.104(b), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  An open-enrollment charter school 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)  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; | 
      
      
        | 
           
			 | 
                           (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)  public school accountability under  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] F, G, and J, Chapter 39, and Chapter 39A; | 
      
      
        | 
           
			 | 
                           (M)  the requirement under Section 21.006 to  | 
      
      
        | 
           
			 | 
        report an educator's misconduct; | 
      
      
        | 
           
			 | 
                           (N)  intensive programs of instruction under  | 
      
      
        | 
           
			 | 
        Section 28.0213; and | 
      
      
        | 
           
			 | 
                           (O)  the right of a school employee to report a  | 
      
      
        | 
           
			 | 
        crime, as provided by Section 37.148. | 
      
      
        | 
           
			 | 
                     (11)  Section 12.111(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Each charter granted under this subchapter must: | 
      
      
        | 
           
			 | 
                     (1)  describe the educational program to be offered,  | 
      
      
        | 
           
			 | 
        which must include the required curriculum as provided by Section  | 
      
      
        | 
           
			 | 
        28.002; | 
      
      
        | 
           
			 | 
                     (2)  provide that continuation of the charter is  | 
      
      
        | 
           
			 | 
        contingent on the status of the charter as determined under Section  | 
      
      
        | 
           
			 | 
        12.1141 or 12.115 or under Chapter 39A [Subchapter E, Chapter 39]; | 
      
      
        | 
           
			 | 
                     (3)  specify the academic, operational, and financial  | 
      
      
        | 
           
			 | 
        performance expectations by which a school operating under the  | 
      
      
        | 
           
			 | 
        charter will be evaluated, which must include applicable elements  | 
      
      
        | 
           
			 | 
        of the performance frameworks adopted under Section 12.1181; | 
      
      
        | 
           
			 | 
                     (4)  specify: | 
      
      
        | 
           
			 | 
                           (A)  any basis, in addition to a basis specified  | 
      
      
        | 
           
			 | 
        by this subchapter or Chapter 39A [Subchapter E, Chapter 39], on  | 
      
      
        | 
           
			 | 
        which the charter may be revoked, renewal of the charter may be  | 
      
      
        | 
           
			 | 
        denied, or the charter may be allowed to expire; and | 
      
      
        | 
           
			 | 
                           (B)  the standards for evaluation of a school  | 
      
      
        | 
           
			 | 
        operating under the charter for purposes of charter renewal, denial  | 
      
      
        | 
           
			 | 
        of renewal, expiration, revocation, or other intervention in  | 
      
      
        | 
           
			 | 
        accordance with Section 12.1141 or 12.115 or Chapter 39A  | 
      
      
        | 
           
			 | 
        [Subchapter E, Chapter 39], as applicable; | 
      
      
        | 
           
			 | 
                     (5)  prohibit discrimination in admission policy on the  | 
      
      
        | 
           
			 | 
        basis of sex, national origin, ethnicity, religion, disability,  | 
      
      
        | 
           
			 | 
        academic, artistic, or athletic ability, or the district the child  | 
      
      
        | 
           
			 | 
        would otherwise attend in accordance with this code, although the  | 
      
      
        | 
           
			 | 
        charter may: | 
      
      
        | 
           
			 | 
                           (A)  provide for the exclusion of a student who  | 
      
      
        | 
           
			 | 
        has a documented history of a criminal offense, a juvenile court  | 
      
      
        | 
           
			 | 
        adjudication, or discipline problems under Subchapter A, Chapter  | 
      
      
        | 
           
			 | 
        37; and | 
      
      
        | 
           
			 | 
                           (B)  provide for an admission policy that requires  | 
      
      
        | 
           
			 | 
        a student to demonstrate artistic ability if the school specializes  | 
      
      
        | 
           
			 | 
        in performing arts; | 
      
      
        | 
           
			 | 
                     (6)  specify the grade levels to be offered; | 
      
      
        | 
           
			 | 
                     (7)  describe the governing structure of the program,  | 
      
      
        | 
           
			 | 
        including: | 
      
      
        | 
           
			 | 
                           (A)  the officer positions designated; | 
      
      
        | 
           
			 | 
                           (B)  the manner in which officers are selected and  | 
      
      
        | 
           
			 | 
        removed from office; | 
      
      
        | 
           
			 | 
                           (C)  the manner in which members of the governing  | 
      
      
        | 
           
			 | 
        body of the school are selected and removed from office; | 
      
      
        | 
           
			 | 
                           (D)  the manner in which vacancies on that  | 
      
      
        | 
           
			 | 
        governing body are filled; | 
      
      
        | 
           
			 | 
                           (E)  the term for which members of that governing  | 
      
      
        | 
           
			 | 
        body serve; and | 
      
      
        | 
           
			 | 
                           (F)  whether the terms are to be staggered; | 
      
      
        | 
           
			 | 
                     (8)  specify the powers or duties of the governing body  | 
      
      
        | 
           
			 | 
        of the school that the governing body may delegate to an officer; | 
      
      
        | 
           
			 | 
                     (9)  specify the manner in which the school will  | 
      
      
        | 
           
			 | 
        distribute to parents information related to the qualifications of  | 
      
      
        | 
           
			 | 
        each professional employee of the program, including any  | 
      
      
        | 
           
			 | 
        professional or educational degree held by each employee, a  | 
      
      
        | 
           
			 | 
        statement of any certification under Subchapter B, Chapter 21, held  | 
      
      
        | 
           
			 | 
        by each employee, and any relevant experience of each employee; | 
      
      
        | 
           
			 | 
                     (10)  describe the process by which the person  | 
      
      
        | 
           
			 | 
        providing the program will adopt an annual budget; | 
      
      
        | 
           
			 | 
                     (11)  describe the manner in which an annual audit of  | 
      
      
        | 
           
			 | 
        the financial and programmatic operations of the program is to be  | 
      
      
        | 
           
			 | 
        conducted, including the manner in which the person providing the  | 
      
      
        | 
           
			 | 
        program will provide information necessary for the school district  | 
      
      
        | 
           
			 | 
        in which the program is located to participate, as required by this  | 
      
      
        | 
           
			 | 
        code or by commissioner rule, in the Public Education Information  | 
      
      
        | 
           
			 | 
        Management System (PEIMS); | 
      
      
        | 
           
			 | 
                     (12)  describe the facilities to be used; | 
      
      
        | 
           
			 | 
                     (13)  describe the geographical area served by the  | 
      
      
        | 
           
			 | 
        program; | 
      
      
        | 
           
			 | 
                     (14)  specify any type of enrollment criteria to be  | 
      
      
        | 
           
			 | 
        used; | 
      
      
        | 
           
			 | 
                     (15)  provide information, as determined by the  | 
      
      
        | 
           
			 | 
        commissioner, relating to any management company that will provide  | 
      
      
        | 
           
			 | 
        management services to a school operating under the charter; and | 
      
      
        | 
           
			 | 
                     (16)  specify that the governing body of an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school accepts and may not delegate  | 
      
      
        | 
           
			 | 
        ultimate responsibility for the school, including the school's  | 
      
      
        | 
           
			 | 
        academic performance and financial and operational viability, and  | 
      
      
        | 
           
			 | 
        is responsible for overseeing any management company providing  | 
      
      
        | 
           
			 | 
        management services for the school and for holding the management  | 
      
      
        | 
           
			 | 
        company accountable for the school's performance. | 
      
      
        | 
           
			 | 
                     (12)  Section 12.1141(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioner shall develop and by rule adopt a  | 
      
      
        | 
           
			 | 
        procedure for renewal, denial of renewal, or expiration of a  | 
      
      
        | 
           
			 | 
        charter for an open-enrollment charter school at the end of the term  | 
      
      
        | 
           
			 | 
        of the charter.  The procedure must include consideration of the  | 
      
      
        | 
           
			 | 
        performance under Chapters [Chapter] 39 and 39A of the charter  | 
      
      
        | 
           
			 | 
        holder and each campus operating under the charter and must include  | 
      
      
        | 
           
			 | 
        three distinct processes, which must be expedited renewal,  | 
      
      
        | 
           
			 | 
        discretionary consideration of renewal or denial of renewal, and  | 
      
      
        | 
           
			 | 
        expiration.  To renew a charter at the end of the term, the charter  | 
      
      
        | 
           
			 | 
        holder must submit a petition for renewal to the commissioner in the  | 
      
      
        | 
           
			 | 
        time and manner established by commissioner rule. | 
      
      
        | 
           
			 | 
                     (13)  Section 12.1162(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioner shall take any of the actions described  | 
      
      
        | 
           
			 | 
        by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005,  | 
      
      
        | 
           
			 | 
        or 39A.007 [39.102(a)], to the extent the commissioner determines  | 
      
      
        | 
           
			 | 
        necessary, if an open-enrollment charter school, as determined by a  | 
      
      
        | 
           
			 | 
        report issued under Section 39.058(b): | 
      
      
        | 
           
			 | 
                     (1)  commits a material violation of the school's  | 
      
      
        | 
           
			 | 
        charter; | 
      
      
        | 
           
			 | 
                     (2)  fails to satisfy generally accepted accounting  | 
      
      
        | 
           
			 | 
        standards of fiscal management; or | 
      
      
        | 
           
			 | 
                     (3)  fails to comply with this subchapter or another  | 
      
      
        | 
           
			 | 
        applicable rule or law. | 
      
      
        | 
           
			 | 
                     (14)  Section 12A.004(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  A local innovation plan may not provide for the  | 
      
      
        | 
           
			 | 
        exemption of a district designated as a district of innovation from  | 
      
      
        | 
           
			 | 
        the following provisions of this title: | 
      
      
        | 
           
			 | 
                     (1)  a state or federal requirement applicable to an  | 
      
      
        | 
           
			 | 
        open-enrollment charter school operating under Subchapter D,  | 
      
      
        | 
           
			 | 
        Chapter 12; | 
      
      
        | 
           
			 | 
                     (2)  Subchapters A, C, D, and E, Chapter 11, except that  | 
      
      
        | 
           
			 | 
        a district may be exempt from Sections 11.1511(b)(5) and (14) and  | 
      
      
        | 
           
			 | 
        Section 11.162; | 
      
      
        | 
           
			 | 
                     (3)  state curriculum and graduation requirements  | 
      
      
        | 
           
			 | 
        adopted under Chapter 28; and | 
      
      
        | 
           
			 | 
                     (4)  academic and financial accountability and  | 
      
      
        | 
           
			 | 
        sanctions under Chapters [Chapter] 39 and 39A. | 
      
      
        | 
           
			 | 
                     (15)  Section 18.006(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  The commissioner shall develop and implement a system of  | 
      
      
        | 
           
			 | 
        accountability consistent with Chapters [Chapter] 39 and 39A, where  | 
      
      
        | 
           
			 | 
        appropriate, to be used in assigning an annual performance rating  | 
      
      
        | 
           
			 | 
        to Job Corps diploma programs comparable to the ratings assigned to  | 
      
      
        | 
           
			 | 
        school districts under Section 39.054.  The commissioner may  | 
      
      
        | 
           
			 | 
        develop and implement a system of distinction designations  | 
      
      
        | 
           
			 | 
        consistent with Subchapter G, Chapter 39, where appropriate, to be  | 
      
      
        | 
           
			 | 
        used in assigning distinction designations to Job Corps diploma  | 
      
      
        | 
           
			 | 
        programs comparable to the distinction designations assigned to  | 
      
      
        | 
           
			 | 
        campuses under Subchapter G, Chapter 39. | 
      
      
        | 
           
			 | 
                     (16)  Sections 28.006(e) and (j), Education Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  The results of reading instruments administered under  | 
      
      
        | 
           
			 | 
        this section may not be used for purposes of appraisals and  | 
      
      
        | 
           
			 | 
        incentives under Chapter 21 or accountability under Chapters  | 
      
      
        | 
           
			 | 
        [Chapter] 39 and 39A. | 
      
      
        | 
           
			 | 
               (j)  No more than 15 percent of the funds certified by the  | 
      
      
        | 
           
			 | 
        commissioner under Subsection (i) may be spent on indirect costs.   | 
      
      
        | 
           
			 | 
        The commissioner shall evaluate the programs that fail to meet the  | 
      
      
        | 
           
			 | 
        standard of performance under Section 39.301(c)(5) and may  | 
      
      
        | 
           
			 | 
        implement interventions or sanctions under Chapter 39A [Subchapter 
         | 
      
      
        | 
           
			 | 
        
          E, Chapter 39].  The commissioner may audit the expenditures of  | 
      
      
        | 
           
			 | 
        funds appropriated for purposes of this section.  The use of the  | 
      
      
        | 
           
			 | 
        funds appropriated for purposes of this section shall be verified  | 
      
      
        | 
           
			 | 
        as part of the district audit under Section 44.008. | 
      
      
        | 
           
			 | 
                     (17)  Section 28.007(b), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  The results of assessment instruments developed under  | 
      
      
        | 
           
			 | 
        Subsection (a) may not be used for purposes of appraisals and  | 
      
      
        | 
           
			 | 
        incentives under Chapter 21 or accountability under Chapters  | 
      
      
        | 
           
			 | 
        [Chapter] 39 and 39A. | 
      
      
        | 
           
			 | 
                     (18)  Section 29.918(c), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (c)  The commissioner shall adopt rules to administer this  | 
      
      
        | 
           
			 | 
        section.  The commissioner may impose interventions or sanctions  | 
      
      
        | 
           
			 | 
        under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or  | 
      
      
        | 
           
			 | 
        39A.253 [39.102 or 39.104] if a school district or open-enrollment  | 
      
      
        | 
           
			 | 
        charter school fails to timely comply with this section. | 
      
      
        | 
           
			 | 
                     (19)  Section 37.008(c), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (c)  An off-campus disciplinary alternative education  | 
      
      
        | 
           
			 | 
        program is not subject to a requirement imposed by this title, other  | 
      
      
        | 
           
			 | 
        than a limitation on liability, a reporting requirement, or a  | 
      
      
        | 
           
			 | 
        requirement imposed by this chapter or by Chapter 39 or 39A. | 
      
      
        | 
           
			 | 
                     (20)  Sections 37.011(g) and (h), Education Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (g)  A juvenile justice alternative education program shall  | 
      
      
        | 
           
			 | 
        be subject to a written operating policy developed by the local  | 
      
      
        | 
           
			 | 
        juvenile justice board and submitted to the Texas Juvenile Justice  | 
      
      
        | 
           
			 | 
        Department for review and comment.  A juvenile justice alternative  | 
      
      
        | 
           
			 | 
        education program is not subject to a requirement imposed by this  | 
      
      
        | 
           
			 | 
        title, other than a reporting requirement or a requirement imposed  | 
      
      
        | 
           
			 | 
        by this chapter or by Chapter 39 or 39A. | 
      
      
        | 
           
			 | 
               (h)  Academically, the mission of juvenile justice  | 
      
      
        | 
           
			 | 
        alternative education programs shall be to enable students to  | 
      
      
        | 
           
			 | 
        perform at grade level.  For purposes of accountability under  | 
      
      
        | 
           
			 | 
        Chapters [Chapter] 39 and 39A, a student enrolled in a juvenile  | 
      
      
        | 
           
			 | 
        justice alternative education program is reported as if the student  | 
      
      
        | 
           
			 | 
        were enrolled at the student's assigned campus in the student's  | 
      
      
        | 
           
			 | 
        regularly assigned education program, including a special  | 
      
      
        | 
           
			 | 
        education program.  Annually the Texas Juvenile Justice Department,  | 
      
      
        | 
           
			 | 
        with the agreement of the commissioner, shall develop and implement  | 
      
      
        | 
           
			 | 
        a system of accountability consistent with Chapters [Chapter] 39  | 
      
      
        | 
           
			 | 
        and 39A, where appropriate, to assure that students make progress  | 
      
      
        | 
           
			 | 
        toward grade level while attending a juvenile justice alternative  | 
      
      
        | 
           
			 | 
        education program.  The department shall adopt rules for the  | 
      
      
        | 
           
			 | 
        distribution of funds appropriated under this section to juvenile  | 
      
      
        | 
           
			 | 
        boards in counties required to establish juvenile justice  | 
      
      
        | 
           
			 | 
        alternative education programs.  Except as determined by the  | 
      
      
        | 
           
			 | 
        commissioner, a student served by a juvenile justice alternative  | 
      
      
        | 
           
			 | 
        education program on the basis of an expulsion required under  | 
      
      
        | 
           
			 | 
        Section 37.007(a), (d), or (e) is not eligible for Foundation  | 
      
      
        | 
           
			 | 
        School Program funding under Chapter 42 or 31 if the juvenile  | 
      
      
        | 
           
			 | 
        justice alternative education program receives funding from the  | 
      
      
        | 
           
			 | 
        department under this subchapter. | 
      
      
        | 
           
			 | 
                     (21)  Sections 39.057(d) and (e), Education Code, are  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  Based on the results of a special accreditation  | 
      
      
        | 
           
			 | 
        investigation, the commissioner may: | 
      
      
        | 
           
			 | 
                     (1)  take appropriate action under Chapter 39A  | 
      
      
        | 
           
			 | 
        [Subchapter E]; | 
      
      
        | 
           
			 | 
                     (2)  lower the school district's accreditation status  | 
      
      
        | 
           
			 | 
        or a district's or campus's accountability rating; or | 
      
      
        | 
           
			 | 
                     (3)  take action under both Subdivisions (1) and (2). | 
      
      
        | 
           
			 | 
               (e)  Regardless of whether the commissioner lowers the  | 
      
      
        | 
           
			 | 
        school district's accreditation status or a district's or campus's  | 
      
      
        | 
           
			 | 
        performance rating under Subsection (d), the commissioner may take  | 
      
      
        | 
           
			 | 
        action under Section 39A.002 or 39A.051 [Sections 39.102(a)(1) 
         | 
      
      
        | 
           
			 | 
        
          through (8) or Section 39.103] if the commissioner determines that  | 
      
      
        | 
           
			 | 
        the action is necessary to improve any area of a district's or  | 
      
      
        | 
           
			 | 
        campus's performance, including the district's financial  | 
      
      
        | 
           
			 | 
        accounting practices. | 
      
      
        | 
           
			 | 
                     (22)  Section 39.0823(d), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (d)  The agency may require a district or open-enrollment  | 
      
      
        | 
           
			 | 
        charter school to submit additional information needed to produce a  | 
      
      
        | 
           
			 | 
        financial report under Subsection (a).  If a district or school  | 
      
      
        | 
           
			 | 
        fails to provide information requested under this subsection or if  | 
      
      
        | 
           
			 | 
        the commissioner determines that the information submitted by a  | 
      
      
        | 
           
			 | 
        district or school is unreliable, the commissioner may order the  | 
      
      
        | 
           
			 | 
        district or school to acquire professional services as provided by  | 
      
      
        | 
           
			 | 
        Section 39A.902 [39.109]. | 
      
      
        | 
           
			 | 
                     (23)  Section 39.0824(b), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  The commissioner may impose appropriate sanctions under  | 
      
      
        | 
           
			 | 
        Chapter 39A [Subchapter E] against a district or school failing to  | 
      
      
        | 
           
			 | 
        submit or implement a corrective action plan required under  | 
      
      
        | 
           
			 | 
        Subsection (a). | 
      
      
        | 
           
			 | 
                     (24)  The heading to Subchapter F, Chapter 39,  | 
      
      
        | 
           
			 | 
        Education Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
        SUBCHAPTER F.  PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY  | 
      
      
        | 
           
			 | 
        DETERMINATION[, INTERVENTION, OR SANCTION] | 
      
      
        | 
           
			 | 
                     (25)  Section 39.232(b), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  A school campus or district is not exempt under this  | 
      
      
        | 
           
			 | 
        section from: | 
      
      
        | 
           
			 | 
                     (1)  a prohibition on conduct that constitutes a  | 
      
      
        | 
           
			 | 
        criminal offense; | 
      
      
        | 
           
			 | 
                     (2)  requirements imposed by federal law or rule,  | 
      
      
        | 
           
			 | 
        including requirements for special education or bilingual  | 
      
      
        | 
           
			 | 
        education programs; or | 
      
      
        | 
           
			 | 
                     (3)  a requirement, restriction, or prohibition  | 
      
      
        | 
           
			 | 
        relating to: | 
      
      
        | 
           
			 | 
                           (A)  curriculum essential knowledge and skills  | 
      
      
        | 
           
			 | 
        under Section 28.002 or high school graduation requirements under  | 
      
      
        | 
           
			 | 
        Section 28.025; | 
      
      
        | 
           
			 | 
                           (B)  public school accountability as provided by  | 
      
      
        | 
           
			 | 
        Subchapters B, C, D, [E,] and J and Chapter 39A; | 
      
      
        | 
           
			 | 
                           (C)  extracurricular activities under Section  | 
      
      
        | 
           
			 | 
        33.081; | 
      
      
        | 
           
			 | 
                           (D)  health and safety under Chapter 38; | 
      
      
        | 
           
			 | 
                           (E)  purchasing under Subchapter B, Chapter 44; | 
      
      
        | 
           
			 | 
                           (F)  elementary school class size limits, except  | 
      
      
        | 
           
			 | 
        as provided by Subsection (d) or Section 25.112; | 
      
      
        | 
           
			 | 
                           (G)  removal of a disruptive student from the  | 
      
      
        | 
           
			 | 
        classroom under Subchapter A, Chapter 37; | 
      
      
        | 
           
			 | 
                           (H)  at risk programs under Subchapter C, Chapter  | 
      
      
        | 
           
			 | 
        29; | 
      
      
        | 
           
			 | 
                           (I)  prekindergarten programs under Subchapter E,  | 
      
      
        | 
           
			 | 
        Chapter 29; | 
      
      
        | 
           
			 | 
                           (J)  rights and benefits of school employees; | 
      
      
        | 
           
			 | 
                           (K)  special education programs under Subchapter  | 
      
      
        | 
           
			 | 
        A, Chapter 29; or | 
      
      
        | 
           
			 | 
                           (L)  bilingual education programs under  | 
      
      
        | 
           
			 | 
        Subchapter B, Chapter 29. | 
      
      
        | 
           
			 | 
                     (26)  Section 39.306(a), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  Each board of trustees shall publish an annual report  | 
      
      
        | 
           
			 | 
        describing the educational performance of the district and of each  | 
      
      
        | 
           
			 | 
        campus in the district that includes uniform student performance  | 
      
      
        | 
           
			 | 
        and descriptive information as determined under rules adopted by  | 
      
      
        | 
           
			 | 
        the commissioner.  The annual report must also include: | 
      
      
        | 
           
			 | 
                     (1)  campus performance objectives established under  | 
      
      
        | 
           
			 | 
        Section 11.253 and the progress of each campus toward those  | 
      
      
        | 
           
			 | 
        objectives, which shall be available to the public; | 
      
      
        | 
           
			 | 
                     (2)  information indicating the district's  | 
      
      
        | 
           
			 | 
        accreditation status and identifying each district campus awarded a  | 
      
      
        | 
           
			 | 
        distinction designation under Subchapter G or considered an  | 
      
      
        | 
           
			 | 
        unacceptable campus under Chapter 39A [Subchapter E]; | 
      
      
        | 
           
			 | 
                     (3)  the district's current special education  | 
      
      
        | 
           
			 | 
        compliance status with the agency; | 
      
      
        | 
           
			 | 
                     (4)  a statement of the number, rate, and type of  | 
      
      
        | 
           
			 | 
        violent or criminal incidents that occurred on each district  | 
      
      
        | 
           
			 | 
        campus, to the extent permitted under the Family Educational Rights  | 
      
      
        | 
           
			 | 
        and Privacy Act of 1974 (20 U.S.C. Section 1232g); | 
      
      
        | 
           
			 | 
                     (5)  information concerning school violence prevention  | 
      
      
        | 
           
			 | 
        and violence intervention policies and procedures that the district  | 
      
      
        | 
           
			 | 
        is using to protect students; | 
      
      
        | 
           
			 | 
                     (6)  the findings that result from evaluations  | 
      
      
        | 
           
			 | 
        conducted under the Safe and Drug-Free Schools and Communities Act  | 
      
      
        | 
           
			 | 
        of 1994 (20 U.S.C. Section 7101 et seq.); and | 
      
      
        | 
           
			 | 
                     (7)  information received under Section 51.403(e) for  | 
      
      
        | 
           
			 | 
        each high school campus in the district, presented in a form  | 
      
      
        | 
           
			 | 
        determined by the commissioner. | 
      
      
        | 
           
			 | 
                     (27)  Section 39.333, Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39.333.  REGIONAL AND DISTRICT LEVEL REPORT.  As part of  | 
      
      
        | 
           
			 | 
        the comprehensive biennial report under Section 39.332, the agency  | 
      
      
        | 
           
			 | 
        shall submit a regional and district level report covering the  | 
      
      
        | 
           
			 | 
        preceding two school years and containing: | 
      
      
        | 
           
			 | 
                     (1)  a summary of school district compliance with the  | 
      
      
        | 
           
			 | 
        student/teacher ratios and class-size limitations prescribed by  | 
      
      
        | 
           
			 | 
        Sections 25.111 and 25.112, including: | 
      
      
        | 
           
			 | 
                           (A)  the number of campuses and classes at each  | 
      
      
        | 
           
			 | 
        campus granted an exception from Section 25.112; and | 
      
      
        | 
           
			 | 
                           (B)  for each campus granted an exception from  | 
      
      
        | 
           
			 | 
        Section 25.112, a statement of whether the campus has been awarded a  | 
      
      
        | 
           
			 | 
        distinction designation under Subchapter G or has been identified  | 
      
      
        | 
           
			 | 
        as an unacceptable campus under Chapter 39A [Subchapter E]; | 
      
      
        | 
           
			 | 
                     (2)  a summary of the exemptions and waivers granted to  | 
      
      
        | 
           
			 | 
        campuses and school districts under Section 7.056 or 39.232 and a  | 
      
      
        | 
           
			 | 
        review of the effectiveness of each campus or district following  | 
      
      
        | 
           
			 | 
        deregulation; | 
      
      
        | 
           
			 | 
                     (3)  an evaluation of the performance of the system of  | 
      
      
        | 
           
			 | 
        regional education service centers based on the indicators adopted  | 
      
      
        | 
           
			 | 
        under Section 8.101 and client satisfaction with services provided  | 
      
      
        | 
           
			 | 
        under Subchapter B, Chapter 8; | 
      
      
        | 
           
			 | 
                     (4)  an evaluation of accelerated instruction programs  | 
      
      
        | 
           
			 | 
        offered under Section 28.006, including an assessment of the  | 
      
      
        | 
           
			 | 
        quality of such programs and the performance of students enrolled  | 
      
      
        | 
           
			 | 
        in such programs; and | 
      
      
        | 
           
			 | 
                     (5)  the number of classes at each campus that are  | 
      
      
        | 
           
			 | 
        currently being taught by individuals who are not certified in the  | 
      
      
        | 
           
			 | 
        content areas of their respective classes. | 
      
      
        | 
           
			 | 
                     (28)  Section 39.361, Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 39.361.  NOTICE IN STUDENT GRADE REPORT.  The first  | 
      
      
        | 
           
			 | 
        written notice of a student's performance that a school district  | 
      
      
        | 
           
			 | 
        gives during a school year as required by Section 28.022(a)(2) must  | 
      
      
        | 
           
			 | 
        include: | 
      
      
        | 
           
			 | 
                     (1)  a statement of whether the campus at which the  | 
      
      
        | 
           
			 | 
        student is enrolled has been awarded a distinction designation  | 
      
      
        | 
           
			 | 
        under Subchapter G or has been identified as an unacceptable campus  | 
      
      
        | 
           
			 | 
        under Chapter 39A [Subchapter E]; and | 
      
      
        | 
           
			 | 
                     (2)  an explanation of the significance of the  | 
      
      
        | 
           
			 | 
        information provided under Subdivision (1). | 
      
      
        | 
           
			 | 
                     (29)  Section 44.0011, Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 44.0011.  FISCAL YEAR.  The fiscal year of a school  | 
      
      
        | 
           
			 | 
        district begins on July 1 or September 1 of each year, as determined  | 
      
      
        | 
           
			 | 
        by the board of trustees of the district.  The commissioner may  | 
      
      
        | 
           
			 | 
        adopt rules concerning the submission of information by a district  | 
      
      
        | 
           
			 | 
        under Chapter 39, 39A, or 42 based on the fiscal year of the  | 
      
      
        | 
           
			 | 
        district. | 
      
      
        | 
           
			 | 
                     (30)  Section 45.261(d), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (d)  If a school district fails to comply with the  | 
      
      
        | 
           
			 | 
        commissioner's order under Subsection (c), the commissioner may  | 
      
      
        | 
           
			 | 
        impose any sanction on the district authorized to be imposed on a  | 
      
      
        | 
           
			 | 
        district under Chapter 39A [Subchapter E, Chapter 39], including  | 
      
      
        | 
           
			 | 
        appointment of a board of managers or annexation to another  | 
      
      
        | 
           
			 | 
        district, regardless of the district's accreditation status or the  | 
      
      
        | 
           
			 | 
        duration of a particular accreditation status. | 
      
      
        | 
           
			 | 
                     (31)  Section 51.751(b), Education Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (b)  The center shall examine the efficiency of the public  | 
      
      
        | 
           
			 | 
        school system and the effectiveness of instructional methods and  | 
      
      
        | 
           
			 | 
        curricular programs and promote the use of successful methods and  | 
      
      
        | 
           
			 | 
        programs.  The center shall monitor and evaluate the implementation  | 
      
      
        | 
           
			 | 
        of the accountability system under Chapters [Chapter] 39 and 39A  | 
      
      
        | 
           
			 | 
        and provide annual progress reports to the governor, Legislative  | 
      
      
        | 
           
			 | 
        Budget Board, and commissioner of education. | 
      
      
        | 
           
			 | 
                     (32)  Section 302.006(c), Labor Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (c)  To be eligible to receive a scholarship awarded under  | 
      
      
        | 
           
			 | 
        this section, a person must: | 
      
      
        | 
           
			 | 
                     (1)  be employed in a child-care facility, as defined  | 
      
      
        | 
           
			 | 
        by Section 42.002, Human Resources Code; | 
      
      
        | 
           
			 | 
                     (2)  intend to obtain a credential, certificate, or  | 
      
      
        | 
           
			 | 
        degree specified in Subsection (b); | 
      
      
        | 
           
			 | 
                     (3)  agree to work for at least 18 additional months in  | 
      
      
        | 
           
			 | 
        a child-care facility, as defined by Section 42.002, Human  | 
      
      
        | 
           
			 | 
        Resources Code, that accepts federal Child Care and Development  | 
      
      
        | 
           
			 | 
        Fund subsidies and that, at the time the person begins to fulfill  | 
      
      
        | 
           
			 | 
        the work requirement imposed by this subdivision, is located: | 
      
      
        | 
           
			 | 
                           (A)  within the attendance zone of a public school  | 
      
      
        | 
           
			 | 
        campus considered low-performing under Chapter 39A [Subchapter E, 
         | 
      
      
        | 
           
			 | 
        
          Chapter 39], Education Code; or | 
      
      
        | 
           
			 | 
                           (B)  in an economically disadvantaged community,  | 
      
      
        | 
           
			 | 
        as determined by the commission; and | 
      
      
        | 
           
			 | 
                     (4)  satisfy any other requirements adopted by the  | 
      
      
        | 
           
			 | 
        commission. | 
      
      
        | 
           
			 | 
        ARTICLE 22.  CHANGES RELATING TO THE ESTATES CODE AND CODIFICATION  | 
      
      
        | 
           
			 | 
        OF THE TEXAS PROBATE CODE | 
      
      
        | 
           
			 | 
               SECTION 22.001.  Section 21.751(4), Business Organizations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (4)  "Shareholder" means a record or beneficial owner  | 
      
      
        | 
           
			 | 
        of shares in a close corporation, including: | 
      
      
        | 
           
			 | 
                           (A)  a person holding a beneficial interest in the  | 
      
      
        | 
           
			 | 
        shares under an inter vivos, testamentary, or voting trust; or | 
      
      
        | 
           
			 | 
                           (B)  the personal representative, as defined by  | 
      
      
        | 
           
			 | 
        the Estates [Texas Probate] Code, of a record or beneficial owner. | 
      
      
        | 
           
			 | 
               SECTION 22.002.  Section 64.034(b), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A receiver appointed for a missing person under Section  | 
      
      
        | 
           
			 | 
        64.001(d) who has on hand an amount of money belonging to the  | 
      
      
        | 
           
			 | 
        missing person in excess of the amount needed for current  | 
      
      
        | 
           
			 | 
        necessities and expenses may, on order of the court, invest, lend,  | 
      
      
        | 
           
			 | 
        or contribute all or a part of the excess amount in the manner  | 
      
      
        | 
           
			 | 
        provided by Chapter 1161, Estates [Subpart L, Part 4, Chapter XIII, 
         | 
      
      
        | 
           
			 | 
        
          Texas Probate] Code, for investments, loans, or contributions by  | 
      
      
        | 
           
			 | 
        guardians.  The receiver shall report to the court all transactions  | 
      
      
        | 
           
			 | 
        involving the excess amount in the manner that reports are required  | 
      
      
        | 
           
			 | 
        of guardians. | 
      
      
        | 
           
			 | 
               SECTION 22.003.  Section 64.102(a), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The court shall appoint an attorney ad litem to  | 
      
      
        | 
           
			 | 
        represent the interests of a missing person at a proceeding to  | 
      
      
        | 
           
			 | 
        appoint a receiver for the missing person under Section 64.001(d).   | 
      
      
        | 
           
			 | 
        To be eligible for appointment as an attorney ad litem under this  | 
      
      
        | 
           
			 | 
        subsection, a person must be certified in the same manner and to the  | 
      
      
        | 
           
			 | 
        same extent as a person who is appointed as an attorney ad litem for  | 
      
      
        | 
           
			 | 
        a proposed ward under Section 1054.001, Estates [646, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.004.  Section 64.105(c), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  For official services rendered, the receiver is  | 
      
      
        | 
           
			 | 
        entitled to be compensated in the same manner and amount as is  | 
      
      
        | 
           
			 | 
        provided by Title 3, Estates [Chapter XIII, Texas Probate] Code,  | 
      
      
        | 
           
			 | 
        for similar services rendered by guardians of estates. | 
      
      
        | 
           
			 | 
               SECTION 22.005.  Section 71.012, Civil Practice and Remedies  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL  | 
      
      
        | 
           
			 | 
        REPRESENTATIVE.  If the executor or administrator of the estate of a  | 
      
      
        | 
           
			 | 
        nonresident individual is the plaintiff in an action under this  | 
      
      
        | 
           
			 | 
        subchapter, the foreign personal representative of the estate who  | 
      
      
        | 
           
			 | 
        has complied with the requirements of Section 95, Texas Probate  | 
      
      
        | 
           
			 | 
        Code, for the probate of a foreign will is not required to apply for  | 
      
      
        | 
           
			 | 
        ancillary letters testamentary under Section 501.006, Estates  | 
      
      
        | 
           
			 | 
        [105, Texas Probate] Code, to bring and prosecute the action. | 
      
      
        | 
           
			 | 
               SECTION 22.006.  Section 71.022, Civil Practice and Remedies  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL  | 
      
      
        | 
           
			 | 
        REPRESENTATIVE.  If the executor or administrator of the estate of a  | 
      
      
        | 
           
			 | 
        nonresident individual is the plaintiff in an action under this  | 
      
      
        | 
           
			 | 
        subchapter, the foreign personal representative of the estate who  | 
      
      
        | 
           
			 | 
        has complied with the requirements of Section 95, Texas Probate  | 
      
      
        | 
           
			 | 
        Code, for the probate of a foreign will is not required to apply for  | 
      
      
        | 
           
			 | 
        ancillary letters testamentary under Section 501.006, Estates  | 
      
      
        | 
           
			 | 
        [105, Texas Probate] Code, to bring and prosecute the action. | 
      
      
        | 
           
			 | 
               SECTION 22.007.  Section 102.002(e), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  A local government that does not give a bond under  | 
      
      
        | 
           
			 | 
        Section 1105.101(b), Estates [702(b), Texas Probate] Code, shall  | 
      
      
        | 
           
			 | 
        pay damages awarded against an employee of the local government  | 
      
      
        | 
           
			 | 
        arising from a cause of action described by Subsection (c) if the  | 
      
      
        | 
           
			 | 
        liability results from the employee's appointment as guardian of  | 
      
      
        | 
           
			 | 
        the person or estate of a ward under the Estates [Texas Probate]  | 
      
      
        | 
           
			 | 
        Code and the action or omission for which the employee was found  | 
      
      
        | 
           
			 | 
        liable was in the course and scope of the person's employment with  | 
      
      
        | 
           
			 | 
        the local government. | 
      
      
        | 
           
			 | 
               SECTION 22.008.  Section 102.003, Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 102.003.  MAXIMUM PAYMENTS.  Payments under this  | 
      
      
        | 
           
			 | 
        chapter by a local government may not exceed: | 
      
      
        | 
           
			 | 
                     (1)  $100,000 to any one person or $300,000 for any  | 
      
      
        | 
           
			 | 
        single occurrence in the case of personal injury or death; or | 
      
      
        | 
           
			 | 
                     (2)  $10,000 for a single occurrence of property  | 
      
      
        | 
           
			 | 
        damage, unless the local government is liable in the local  | 
      
      
        | 
           
			 | 
        government's capacity as guardian under the Estates [Texas Probate]  | 
      
      
        | 
           
			 | 
        Code and does not give a bond under Section 1105.101(b), Estates  | 
      
      
        | 
           
			 | 
        [702(b), Texas Probate] Code, in which event payments may not  | 
      
      
        | 
           
			 | 
        exceed the amount of the actual property damages. | 
      
      
        | 
           
			 | 
               SECTION 22.009.  Section 137.001(6), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (6)  "Incapacitated" means that, in the opinion of the  | 
      
      
        | 
           
			 | 
        court in a guardianship proceeding under Title 3, Estates [Chapter 
         | 
      
      
        | 
           
			 | 
        
          XIII, Texas Probate] Code, or in a medication hearing under Section  | 
      
      
        | 
           
			 | 
        574.106, Health and Safety Code, a person lacks the ability to  | 
      
      
        | 
           
			 | 
        understand the nature and consequences of a proposed treatment,  | 
      
      
        | 
           
			 | 
        including the benefits, risks, and alternatives to the proposed  | 
      
      
        | 
           
			 | 
        treatment, and lacks the ability to make mental health treatment  | 
      
      
        | 
           
			 | 
        decisions because of impairment. | 
      
      
        | 
           
			 | 
               SECTION 22.010.  Section 137.009(a), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Mental health treatment instructions contained in a  | 
      
      
        | 
           
			 | 
        declaration executed in accordance with this chapter supersede any  | 
      
      
        | 
           
			 | 
        contrary or conflicting instructions given by: | 
      
      
        | 
           
			 | 
                     (1)  a medical [durable] power of attorney under  | 
      
      
        | 
           
			 | 
        Subchapter D, Chapter 166, Health and Safety Code [135]; or | 
      
      
        | 
           
			 | 
                     (2)  a guardian appointed under Title 3, Estates  | 
      
      
        | 
           
			 | 
        [Chapter XIII, Texas Probate] Code, after the execution of the  | 
      
      
        | 
           
			 | 
        declaration. | 
      
      
        | 
           
			 | 
               SECTION 22.011.  Section 139.001(2), Civil Practice and  | 
      
      
        | 
           
			 | 
        Remedies Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Incapacitated person" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Section 1002.017, Estates [601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.012.  Section 16.001(b), Election Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Each month the clerk of each court having probate  | 
      
      
        | 
           
			 | 
        jurisdiction shall prepare an abstract of each application for  | 
      
      
        | 
           
			 | 
        probate of a will, administration of a decedent's estate, or  | 
      
      
        | 
           
			 | 
        determination of heirship, and each affidavit under Chapter 205,  | 
      
      
        | 
           
			 | 
        Estates [Section 137, Texas Probate] Code, that is filed in the  | 
      
      
        | 
           
			 | 
        month with a court served by the clerk.  The clerk shall file each  | 
      
      
        | 
           
			 | 
        abstract with the voter registrar and the secretary of state not  | 
      
      
        | 
           
			 | 
        later than the 10th day of the month following the month in which  | 
      
      
        | 
           
			 | 
        the abstract is prepared. | 
      
      
        | 
           
			 | 
               SECTION 22.013.  Section 3.406(b), Family Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               (b)  On the death of a spouse, a court may, on application for  | 
      
      
        | 
           
			 | 
        a claim for reimbursement brought by the surviving spouse, the  | 
      
      
        | 
           
			 | 
        personal representative of the estate of the deceased spouse, or  | 
      
      
        | 
           
			 | 
        any other person interested in the estate, as defined by Chapter 22,  | 
      
      
        | 
           
			 | 
        Estates [Section 3, Texas Probate] Code, impose an equitable lien  | 
      
      
        | 
           
			 | 
        on the property of a benefited marital estate to secure a claim for  | 
      
      
        | 
           
			 | 
        reimbursement against that property by a contributing marital  | 
      
      
        | 
           
			 | 
        estate. | 
      
      
        | 
           
			 | 
               SECTION 22.014.  Section 5.002, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 5.002.  SALE OF SEPARATE HOMESTEAD AFTER SPOUSE  | 
      
      
        | 
           
			 | 
        JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the  | 
      
      
        | 
           
			 | 
        separate property of a spouse and the other spouse has been  | 
      
      
        | 
           
			 | 
        judicially declared incapacitated by a court exercising original  | 
      
      
        | 
           
			 | 
        jurisdiction over guardianship and other matters under Title 3,  | 
      
      
        | 
           
			 | 
        Estates [Chapter XIII, Texas Probate] Code, the owner may sell,  | 
      
      
        | 
           
			 | 
        convey, or encumber the homestead without the joinder of the other  | 
      
      
        | 
           
			 | 
        spouse. | 
      
      
        | 
           
			 | 
               SECTION 22.015.  Section 5.003, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 5.003.  SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE  | 
      
      
        | 
           
			 | 
        JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the  | 
      
      
        | 
           
			 | 
        community property of the spouses and one spouse has been  | 
      
      
        | 
           
			 | 
        judicially declared incapacitated by a court exercising original  | 
      
      
        | 
           
			 | 
        jurisdiction over guardianship and other matters under Title 3,  | 
      
      
        | 
           
			 | 
        Estates [Chapter XIII, Texas Probate] Code, the competent spouse  | 
      
      
        | 
           
			 | 
        may sell, convey, or encumber the homestead without the joinder of  | 
      
      
        | 
           
			 | 
        the other spouse. | 
      
      
        | 
           
			 | 
               SECTION 22.016.  Section 6.111, Family Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  Except as  | 
      
      
        | 
           
			 | 
        provided by Subchapter C, Chapter 123, Estates [Section 47A, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code, a marriage subject to annulment may not be  | 
      
      
        | 
           
			 | 
        challenged in a proceeding instituted after the death of either  | 
      
      
        | 
           
			 | 
        party to the marriage. | 
      
      
        | 
           
			 | 
               SECTION 22.017.  Sections 34.008(a) and (c), Family Code,  | 
      
      
        | 
           
			 | 
        are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Except as provided by Subsection (b), an authorization  | 
      
      
        | 
           
			 | 
        agreement under this chapter terminates if, after the execution of  | 
      
      
        | 
           
			 | 
        the authorization agreement, a court enters an order: | 
      
      
        | 
           
			 | 
                     (1)  affecting the parent-child relationship; | 
      
      
        | 
           
			 | 
                     (2)  concerning custody, possession, or placement of  | 
      
      
        | 
           
			 | 
        the child; | 
      
      
        | 
           
			 | 
                     (3)  concerning access to or visitation with the child;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (4)  regarding the appointment of a guardian for the  | 
      
      
        | 
           
			 | 
        child under Subchapter B, Chapter 1104, Estates [Section 676, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code. | 
      
      
        | 
           
			 | 
               (c)  An authorization agreement under this chapter  | 
      
      
        | 
           
			 | 
        terminates on written revocation by a party to the authorization  | 
      
      
        | 
           
			 | 
        agreement if the party: | 
      
      
        | 
           
			 | 
                     (1)  gives each party written notice of the revocation; | 
      
      
        | 
           
			 | 
                     (2)  files the written revocation with the clerk of the  | 
      
      
        | 
           
			 | 
        county in which: | 
      
      
        | 
           
			 | 
                           (A)  the child resides; | 
      
      
        | 
           
			 | 
                           (B)  the child resided at the time the  | 
      
      
        | 
           
			 | 
        authorization agreement was executed; or | 
      
      
        | 
           
			 | 
                           (C)  the relative resides; and | 
      
      
        | 
           
			 | 
                     (3)  files the written revocation with the clerk of  | 
      
      
        | 
           
			 | 
        each court: | 
      
      
        | 
           
			 | 
                           (A)  that has continuing, exclusive jurisdiction  | 
      
      
        | 
           
			 | 
        over the child; | 
      
      
        | 
           
			 | 
                           (B)  in which there is a court order or pending  | 
      
      
        | 
           
			 | 
        suit affecting the parent-child relationship concerning the child; | 
      
      
        | 
           
			 | 
                           (C)  in which there is pending litigation  | 
      
      
        | 
           
			 | 
        concerning: | 
      
      
        | 
           
			 | 
                                 (i)  custody, possession, or placement of  | 
      
      
        | 
           
			 | 
        the child; or | 
      
      
        | 
           
			 | 
                                 (ii)  access to or visitation with the  | 
      
      
        | 
           
			 | 
        child; or | 
      
      
        | 
           
			 | 
                           (D)  that has entered an order regarding the  | 
      
      
        | 
           
			 | 
        appointment of a guardian for the child under Subchapter B, Chapter  | 
      
      
        | 
           
			 | 
        1104, Estates [Section 676, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.018.  Sections 154.013(b) and (c), Family Code,  | 
      
      
        | 
           
			 | 
        are amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any provision of the Estates [Probate]  | 
      
      
        | 
           
			 | 
        Code, a child support payment held by the Title IV-D agency, a local  | 
      
      
        | 
           
			 | 
        registry, or the state disbursement unit or any uncashed check or  | 
      
      
        | 
           
			 | 
        warrant representing a child support payment made before, on, or  | 
      
      
        | 
           
			 | 
        after the date of death of the obligee shall be paid proportionately  | 
      
      
        | 
           
			 | 
        for the benefit of each surviving child named in the support order  | 
      
      
        | 
           
			 | 
        and not to the estate of the obligee.  The payment is free of any  | 
      
      
        | 
           
			 | 
        creditor's claim against the deceased obligee's estate and may be  | 
      
      
        | 
           
			 | 
        disbursed as provided by Subsection (c). | 
      
      
        | 
           
			 | 
               (c)  On the death of the obligee, current child support owed  | 
      
      
        | 
           
			 | 
        by the obligor for the benefit of the child or any amount described  | 
      
      
        | 
           
			 | 
        by Subsection (b) shall be paid to: | 
      
      
        | 
           
			 | 
                     (1)  a person, other than a parent, who is appointed as  | 
      
      
        | 
           
			 | 
        managing conservator of the child; | 
      
      
        | 
           
			 | 
                     (2)  a person, including the obligor, who has assumed  | 
      
      
        | 
           
			 | 
        actual care, control, and possession of the child, if a managing  | 
      
      
        | 
           
			 | 
        conservator or guardian of the child has not been appointed; | 
      
      
        | 
           
			 | 
                     (3)  the county clerk, as provided by Chapter 1355,  | 
      
      
        | 
           
			 | 
        Estates [Section 887, Texas Probate] Code, in the name of and for  | 
      
      
        | 
           
			 | 
        the account of the child for whom the support is owed; | 
      
      
        | 
           
			 | 
                     (4)  a guardian of the child appointed under Title 3,  | 
      
      
        | 
           
			 | 
        Estates [Chapter XIII, Texas Probate] Code, as provided by that  | 
      
      
        | 
           
			 | 
        code; or | 
      
      
        | 
           
			 | 
                     (5)  the surviving child, if the child is an adult or  | 
      
      
        | 
           
			 | 
        has otherwise had the disabilities of minority removed. | 
      
      
        | 
           
			 | 
               SECTION 22.019.  Sections 154.015(a) and (e), Family Code,  | 
      
      
        | 
           
			 | 
        are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section, "estate" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 22, Estates [Section 3, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               (e)  The obligee has a claim, on behalf of the child, against  | 
      
      
        | 
           
			 | 
        the deceased obligor's estate for the unpaid child support  | 
      
      
        | 
           
			 | 
        obligation determined under Subsection (c).  The obligee may  | 
      
      
        | 
           
			 | 
        present the claim in the manner provided by the Estates [Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.020.  Sections 263.603(a) and (b), Family Code,  | 
      
      
        | 
           
			 | 
        are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Notwithstanding Section 263.6021, if the court believes  | 
      
      
        | 
           
			 | 
        that a young adult may be incapacitated as defined by Section  | 
      
      
        | 
           
			 | 
        1002.017(2), Estates [601(14)(B), Texas Probate] Code, the court  | 
      
      
        | 
           
			 | 
        may extend its jurisdiction on its own motion without the young  | 
      
      
        | 
           
			 | 
        adult's consent to allow the department to refer the young adult to  | 
      
      
        | 
           
			 | 
        the Department of Aging and Disability Services for guardianship  | 
      
      
        | 
           
			 | 
        services as required by Section 48.209, Human Resources Code. | 
      
      
        | 
           
			 | 
               (b)  The extended jurisdiction of the court under this  | 
      
      
        | 
           
			 | 
        section terminates on the earliest of the date: | 
      
      
        | 
           
			 | 
                     (1)  the Department of Aging and Disability Services  | 
      
      
        | 
           
			 | 
        determines a guardianship is not appropriate under Chapter 161,  | 
      
      
        | 
           
			 | 
        Human Resources Code; | 
      
      
        | 
           
			 | 
                     (2)  a court with probate jurisdiction denies the  | 
      
      
        | 
           
			 | 
        application to appoint a guardian; or | 
      
      
        | 
           
			 | 
                     (3)  a guardian is appointed and qualifies under the  | 
      
      
        | 
           
			 | 
        Estates [Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.021.  Sections 21.009(2) and (4), Government  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Statutory county court" means a county court  | 
      
      
        | 
           
			 | 
        created by the legislature under Article V, Section 1, of the Texas  | 
      
      
        | 
           
			 | 
        Constitution, including county courts at law, county criminal  | 
      
      
        | 
           
			 | 
        courts, county criminal courts of appeals, and county civil courts  | 
      
      
        | 
           
			 | 
        at law, but does not include statutory probate courts as defined by  | 
      
      
        | 
           
			 | 
        Chapter 22, Estates [Section 3, Texas Probate] Code. | 
      
      
        | 
           
			 | 
                     (4)  "Statutory probate court" has the meaning assigned  | 
      
      
        | 
           
			 | 
        by Chapter 22, Estates [Section 3, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.022.  Section 25.0003(f), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (f)  A statutory county court does not have the jurisdiction  | 
      
      
        | 
           
			 | 
        of a statutory probate court granted statutory probate courts by  | 
      
      
        | 
           
			 | 
        the Estates [Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.023.  Section 25.0021(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A statutory probate court as that term is defined in  | 
      
      
        | 
           
			 | 
        Section 22.007(c), Estates [3(ii), Texas Probate] Code, has: | 
      
      
        | 
           
			 | 
                     (1)  the general jurisdiction of a probate court as  | 
      
      
        | 
           
			 | 
        provided by the Estates [Texas Probate] Code; and | 
      
      
        | 
           
			 | 
                     (2)  the jurisdiction provided by law for a county  | 
      
      
        | 
           
			 | 
        court to hear and determine actions, cases, matters, or proceedings  | 
      
      
        | 
           
			 | 
        instituted under: | 
      
      
        | 
           
			 | 
                           (A)  Section 166.046, 192.027, 193.007, 552.015,  | 
      
      
        | 
           
			 | 
        552.019, 711.004, or 714.003, Health and Safety Code; | 
      
      
        | 
           
			 | 
                           (B)  Chapter 462, Health and Safety Code; or | 
      
      
        | 
           
			 | 
                           (C)  Subtitle C or D, Title 7, Health and Safety  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
               SECTION 22.024.  Sections 25.0022(a) and (i), Government  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  "Statutory probate court" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 22, Estates [Section 3, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               (i)  A judge assigned under this section has the  | 
      
      
        | 
           
			 | 
        jurisdiction, powers, and duties given by Sections 32.001, 32.002,  | 
      
      
        | 
           
			 | 
        32.003, 32.005, 32.006, 32.007, 34.001, 1022.001, 1022.002,  | 
      
      
        | 
           
			 | 
        1022.003, 1022.005, 1022.006, and 1022.007, Estates [4A, 4C, 4D, 
         | 
      
      
        | 
           
			 | 
        
          4F, 4G, 4H, 5B, 605, 607A, 607B, 607D, 607E, and 608, Texas Probate]  | 
      
      
        | 
           
			 | 
        Code, to statutory probate court judges by general law. | 
      
      
        | 
           
			 | 
               SECTION 22.025.  Section 25.00222(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  If the judge of a statutory probate court that has  | 
      
      
        | 
           
			 | 
        jurisdiction over a cause of action appertaining to or incident to  | 
      
      
        | 
           
			 | 
        an estate pending in the statutory probate court determines that  | 
      
      
        | 
           
			 | 
        the court no longer has jurisdiction over the cause of action, the  | 
      
      
        | 
           
			 | 
        judge may transfer that cause of action to: | 
      
      
        | 
           
			 | 
                     (1)  a district court, county court, statutory county  | 
      
      
        | 
           
			 | 
        court, or justice court located in the same county that has  | 
      
      
        | 
           
			 | 
        jurisdiction over the cause of action that is transferred; or | 
      
      
        | 
           
			 | 
                     (2)  the court from which the cause of action was  | 
      
      
        | 
           
			 | 
        transferred to the statutory probate court under Section 34.001  | 
      
      
        | 
           
			 | 
        [5B] or 1022.007, Estates [608, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.026.  Section 25.0202(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In addition to the jurisdiction provided by Section  | 
      
      
        | 
           
			 | 
        25.0003 and other law, a county court at law in Bosque County has  | 
      
      
        | 
           
			 | 
        concurrent jurisdiction with the district court in: | 
      
      
        | 
           
			 | 
                     (1)  family law cases and proceedings; | 
      
      
        | 
           
			 | 
                     (2)  civil cases in which the matter in controversy  | 
      
      
        | 
           
			 | 
        exceeds $500 but does not exceed $200,000, excluding interest,  | 
      
      
        | 
           
			 | 
        court costs, and attorney's fees; and | 
      
      
        | 
           
			 | 
                     (3)  contested probate matters under Section 32.003,  | 
      
      
        | 
           
			 | 
        Estates [4D, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.027.  Section 25.1132(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A county court at law in Hood County has concurrent  | 
      
      
        | 
           
			 | 
        jurisdiction with the district court in: | 
      
      
        | 
           
			 | 
                     (1)  civil cases in which the matter in controversy  | 
      
      
        | 
           
			 | 
        exceeds $500 but does not exceed $250,000, excluding interest; | 
      
      
        | 
           
			 | 
                     (2)  family law cases and related proceedings; | 
      
      
        | 
           
			 | 
                     (3)  contested probate matters under Section  | 
      
      
        | 
           
			 | 
        32.003(a), Estates [4D(a), Texas Probate] Code; and | 
      
      
        | 
           
			 | 
                     (4)  contested matters in guardianship proceedings  | 
      
      
        | 
           
			 | 
        under Section 1022.003(a), Estates [607B(a), Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.028.  Section 25.1863(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A county court at law has concurrent jurisdiction with  | 
      
      
        | 
           
			 | 
        the district court over contested probate matters.  Notwithstanding  | 
      
      
        | 
           
			 | 
        the requirement in Section 32.003(a), Estates [4D(a), Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code, that the judge of the constitutional county court  | 
      
      
        | 
           
			 | 
        transfer a contested probate proceeding to the district court, the  | 
      
      
        | 
           
			 | 
        judge of the constitutional county court shall transfer the  | 
      
      
        | 
           
			 | 
        proceeding under that section to either a county court at law in  | 
      
      
        | 
           
			 | 
        Parker County or a district court in Parker County.  A county court  | 
      
      
        | 
           
			 | 
        at law has the jurisdiction, powers, and duties that a district  | 
      
      
        | 
           
			 | 
        court has under Section 32.003(a), Estates [4D(a), Texas Probate]  | 
      
      
        | 
           
			 | 
        Code, for the transferred proceeding, and the county clerk acts as  | 
      
      
        | 
           
			 | 
        clerk for the proceeding.  The contested proceeding may be  | 
      
      
        | 
           
			 | 
        transferred between a county court at law in Parker County and a  | 
      
      
        | 
           
			 | 
        district court in Parker County as provided by local rules of  | 
      
      
        | 
           
			 | 
        administration. | 
      
      
        | 
           
			 | 
               SECTION 22.029.  Sections 25.2452(a) and (d), Government  | 
      
      
        | 
           
			 | 
        Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In addition to the jurisdiction provided by Section  | 
      
      
        | 
           
			 | 
        25.0003 and other law, including the general jurisdiction provided  | 
      
      
        | 
           
			 | 
        for a county court at law by the Estates [Texas Probate] Code, a  | 
      
      
        | 
           
			 | 
        county court at law in Wichita County has concurrent jurisdiction  | 
      
      
        | 
           
			 | 
        with the county court in: | 
      
      
        | 
           
			 | 
                     (1)  appeals from municipal courts of record in Wichita  | 
      
      
        | 
           
			 | 
        County as provided by Subchapter H [D], Chapter 30; | 
      
      
        | 
           
			 | 
                     (2)  misdemeanor cases; and | 
      
      
        | 
           
			 | 
                     (3)  probate and mental health matters. | 
      
      
        | 
           
			 | 
               (d)  A county court at law does not have jurisdiction of: | 
      
      
        | 
           
			 | 
                     (1)  a case under: | 
      
      
        | 
           
			 | 
                           (A)  the Alcoholic Beverage Code; | 
      
      
        | 
           
			 | 
                           (B)  the Election Code; or | 
      
      
        | 
           
			 | 
                           (C)  the Tax Code; | 
      
      
        | 
           
			 | 
                     (2)  a matter over which the district court has  | 
      
      
        | 
           
			 | 
        exclusive jurisdiction; or | 
      
      
        | 
           
			 | 
                     (3)  a civil case, other than a case under the Family  | 
      
      
        | 
           
			 | 
        Code or the Estates [Texas Probate] Code, in which the amount in  | 
      
      
        | 
           
			 | 
        controversy is: | 
      
      
        | 
           
			 | 
                           (A)  less than the maximum amount in controversy  | 
      
      
        | 
           
			 | 
        allowed the justice court in Wichita County; or | 
      
      
        | 
           
			 | 
                           (B)  more than $200,000, exclusive of punitive or  | 
      
      
        | 
           
			 | 
        exemplary damages, penalties, interest, costs, and attorney's  | 
      
      
        | 
           
			 | 
        fees. | 
      
      
        | 
           
			 | 
               SECTION 22.030.  Section 54A.201, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 54A.201.  DEFINITION.  In this subchapter, "statutory  | 
      
      
        | 
           
			 | 
        probate court" has the meaning assigned by Chapter 22, Estates  | 
      
      
        | 
           
			 | 
        [Section 3, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.031.  Sections 155.001(2), (3), (5), and (7),  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
                     (2)  "Corporate fiduciary" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 1002, Estates [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
                     (3)  "Guardian" has the meaning assigned by Chapter  | 
      
      
        | 
           
			 | 
        1002, Estates [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
                     (5)  "Incapacitated person" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 1002, Estates  [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
                     (7)  "Ward" has the meaning assigned by Chapter 1002,  | 
      
      
        | 
           
			 | 
        Estates [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.032.  Section 155.104, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 155.104.  INFORMATION FROM PRIVATE PROFESSIONAL  | 
      
      
        | 
           
			 | 
        GUARDIANS.  In addition to the information submitted under Section  | 
      
      
        | 
           
			 | 
        1104.306, Estates [697(e), Texas Probate] Code, the director may  | 
      
      
        | 
           
			 | 
        require a private professional guardian or a person who represents  | 
      
      
        | 
           
			 | 
        or plans to represent the interests of a ward as a guardian on  | 
      
      
        | 
           
			 | 
        behalf of the private professional guardian to submit information  | 
      
      
        | 
           
			 | 
        considered necessary to monitor the person's compliance with the  | 
      
      
        | 
           
			 | 
        applicable standards adopted under Section 155.101 or with the  | 
      
      
        | 
           
			 | 
        certification requirements of Section 155.102. | 
      
      
        | 
           
			 | 
               SECTION 22.033.  Section 155.105(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  A private professional guardian shall submit with the  | 
      
      
        | 
           
			 | 
        report required under Subsection (b) a copy of the guardian's  | 
      
      
        | 
           
			 | 
        application for a certificate of registration required by Section  | 
      
      
        | 
           
			 | 
        1104.302, Estates [697(a), Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.034.  Section 411.052(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section, "federal prohibited person  | 
      
      
        | 
           
			 | 
        information" means information that identifies an individual as: | 
      
      
        | 
           
			 | 
                     (1)  a person ordered by a court to receive inpatient  | 
      
      
        | 
           
			 | 
        mental health services under Chapter 574, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (2)  a person acquitted in a criminal case by reason of  | 
      
      
        | 
           
			 | 
        insanity or lack of mental responsibility, regardless of whether  | 
      
      
        | 
           
			 | 
        the person is ordered by a court to receive inpatient treatment or  | 
      
      
        | 
           
			 | 
        residential care under Chapter 46C, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (3)  a person determined to have mental retardation and  | 
      
      
        | 
           
			 | 
        committed by a court for long-term placement in a residential care  | 
      
      
        | 
           
			 | 
        facility under Chapter 593, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (4)  an incapacitated adult individual for whom a court  | 
      
      
        | 
           
			 | 
        has appointed a guardian of the individual under Title 3, Estates  | 
      
      
        | 
           
			 | 
        [Chapter XIII, Probate] Code, based on the determination that the  | 
      
      
        | 
           
			 | 
        person lacks the mental capacity to manage the person's affairs; or | 
      
      
        | 
           
			 | 
                     (5)  a person determined to be incompetent to stand  | 
      
      
        | 
           
			 | 
        trial under Chapter 46B, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 22.035.  Section 411.0521(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The clerk of the court shall prepare and forward to the  | 
      
      
        | 
           
			 | 
        department the information described by Subsection (b) not later  | 
      
      
        | 
           
			 | 
        than the 30th day after the date the court: | 
      
      
        | 
           
			 | 
                     (1)  orders a person to receive inpatient mental health  | 
      
      
        | 
           
			 | 
        services under Chapter 574, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (2)  acquits a person in a criminal case by reason of  | 
      
      
        | 
           
			 | 
        insanity or lack of mental responsibility, regardless of whether  | 
      
      
        | 
           
			 | 
        the person is ordered to receive inpatient treatment or residential  | 
      
      
        | 
           
			 | 
        care under Chapter 46C, Code of Criminal Procedure; | 
      
      
        | 
           
			 | 
                     (3)  commits a person determined to have mental  | 
      
      
        | 
           
			 | 
        retardation for long-term placement in a residential care facility  | 
      
      
        | 
           
			 | 
        under Chapter 593, Health and Safety Code; | 
      
      
        | 
           
			 | 
                     (4)  appoints a guardian of the incapacitated adult  | 
      
      
        | 
           
			 | 
        individual under Title 3, Estates [Chapter XIII, Probate] Code,  | 
      
      
        | 
           
			 | 
        based on the determination that the person lacks the mental  | 
      
      
        | 
           
			 | 
        capacity to manage the person's affairs; | 
      
      
        | 
           
			 | 
                     (5)  determines a person is incompetent to stand trial  | 
      
      
        | 
           
			 | 
        under Chapter 46B, Code of Criminal Procedure; or | 
      
      
        | 
           
			 | 
                     (6)  finds a person is entitled to relief from  | 
      
      
        | 
           
			 | 
        disabilities under Section 574.088, Health and Safety Code. | 
      
      
        | 
           
			 | 
               SECTION 22.036.  Section 411.114(a)(1)(E), Government Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
                           (E)  "Ward" has the meaning assigned by Chapter  | 
      
      
        | 
           
			 | 
        1002, Estates [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.037.  Section 411.1386(d), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The criminal history record information obtained under  | 
      
      
        | 
           
			 | 
        Subsection (a-4) is for the exclusive use of the court or  | 
      
      
        | 
           
			 | 
        guardianship certification program of the Judicial Branch  | 
      
      
        | 
           
			 | 
        Certification Commission, as appropriate, and is privileged and  | 
      
      
        | 
           
			 | 
        confidential.  The information may not be released or otherwise  | 
      
      
        | 
           
			 | 
        disclosed to any person or agency except on court order, with the  | 
      
      
        | 
           
			 | 
        consent of the person being investigated, or as authorized by  | 
      
      
        | 
           
			 | 
        Subsection (a-6) or Section 1104.404, Estates [698(a-6), Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code.  The county clerk or guardianship certification  | 
      
      
        | 
           
			 | 
        program of the Judicial Branch Certification Commission may destroy  | 
      
      
        | 
           
			 | 
        the criminal history record information after the information is  | 
      
      
        | 
           
			 | 
        used for the purposes authorized by this section. | 
      
      
        | 
           
			 | 
               SECTION 22.038.  Section 420.0735(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  For purposes of Subsection (a)(1), a written consent  | 
      
      
        | 
           
			 | 
        signed by an incapacitated person, as that term is defined by  | 
      
      
        | 
           
			 | 
        Chapter 1002, Estates [Section 601, Texas Probate] Code, is  | 
      
      
        | 
           
			 | 
        effective regardless of whether the incapacitated person's  | 
      
      
        | 
           
			 | 
        guardian, guardian ad litem, or other legal agent signs the  | 
      
      
        | 
           
			 | 
        release.  If the incapacitated person is unable to provide a  | 
      
      
        | 
           
			 | 
        signature and the guardian, guardian ad litem, or other legal agent  | 
      
      
        | 
           
			 | 
        is unavailable to sign the release, then the investigating law  | 
      
      
        | 
           
			 | 
        enforcement officer may sign the release. | 
      
      
        | 
           
			 | 
               SECTION 22.039.  Section 501.014(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  If an inmate with money in an account established under  | 
      
      
        | 
           
			 | 
        Subsection (a) dies while confined in a facility operated by or  | 
      
      
        | 
           
			 | 
        under contract with the department, the department shall attempt to  | 
      
      
        | 
           
			 | 
        give notice of the account to a beneficiary or known relative of the  | 
      
      
        | 
           
			 | 
        deceased inmate.  On the presentation of a notarized claim to the  | 
      
      
        | 
           
			 | 
        department for the money by a person entitled to the notice, the  | 
      
      
        | 
           
			 | 
        department may pay any amount not exceeding $2,500 of the deceased  | 
      
      
        | 
           
			 | 
        inmate's money held by the department to the claimant.  A claim for  | 
      
      
        | 
           
			 | 
        money in excess of $2,500 must be made under Chapter 205, Estates  | 
      
      
        | 
           
			 | 
        [Section 137, Probate] Code, or another law, as applicable.  The  | 
      
      
        | 
           
			 | 
        department is not liable for making a payment or failing to make a  | 
      
      
        | 
           
			 | 
        payment under this subsection. | 
      
      
        | 
           
			 | 
               SECTION 22.040.  Section 552.140(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  On request and the presentation of proper  | 
      
      
        | 
           
			 | 
        identification, the following persons may inspect the military  | 
      
      
        | 
           
			 | 
        discharge record or obtain from the governmental body free of  | 
      
      
        | 
           
			 | 
        charge a copy or certified copy of the record: | 
      
      
        | 
           
			 | 
                     (1)  the veteran who is the subject of the record; | 
      
      
        | 
           
			 | 
                     (2)  the legal guardian of the veteran; | 
      
      
        | 
           
			 | 
                     (3)  the spouse or a child or parent of the veteran or,  | 
      
      
        | 
           
			 | 
        if there is no living spouse, child, or parent, the nearest living  | 
      
      
        | 
           
			 | 
        relative of the veteran; | 
      
      
        | 
           
			 | 
                     (4)  the personal representative of the estate of the  | 
      
      
        | 
           
			 | 
        veteran; | 
      
      
        | 
           
			 | 
                     (5)  the person named by the veteran, or by a person  | 
      
      
        | 
           
			 | 
        described by Subdivision (2), (3), or (4), in an appropriate power  | 
      
      
        | 
           
			 | 
        of attorney executed in accordance with Subchapters A and B,  | 
      
      
        | 
           
			 | 
        Chapter 752, Estates [Section 490, Chapter XII, Texas Probate]  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (6)  another governmental body; or | 
      
      
        | 
           
			 | 
                     (7)  an authorized representative of the funeral home  | 
      
      
        | 
           
			 | 
        that assists with the burial of the veteran. | 
      
      
        | 
           
			 | 
               SECTION 22.041.  Section 825.508(b), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The system must honor a power of attorney executed in  | 
      
      
        | 
           
			 | 
        accordance with Subchapters A and B, Chapter 752, Estates [XII, 
         | 
      
      
        | 
           
			 | 
        
          Section 490, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.042.  Section 841.008(c), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (c)  If requested by the person entitled to the benefit or  | 
      
      
        | 
           
			 | 
        the guardian, attorney in fact, or trustee of the person, the  | 
      
      
        | 
           
			 | 
        director may, if the director determines that it is in the best  | 
      
      
        | 
           
			 | 
        interest of the person entitled to the benefit, make payments  | 
      
      
        | 
           
			 | 
        directly to the trustee of: | 
      
      
        | 
           
			 | 
                     (1)  a trust described by Subchapter B, Chapter 1301,  | 
      
      
        | 
           
			 | 
        Estates [Section 867, Texas Probate] Code, that has been created  | 
      
      
        | 
           
			 | 
        for the management of guardianship funds for the benefit of the  | 
      
      
        | 
           
			 | 
        person; or | 
      
      
        | 
           
			 | 
                     (2)  a trust described by 42 U.S.C. Section  | 
      
      
        | 
           
			 | 
        1396p(d)(4)(A), (B), or (C) that has been established to qualify  | 
      
      
        | 
           
			 | 
        the person for benefits or other assistance under a state or federal  | 
      
      
        | 
           
			 | 
        program or to supplement the benefits or other assistance provided  | 
      
      
        | 
           
			 | 
        under the program. | 
      
      
        | 
           
			 | 
               SECTION 22.043.  Sections 844.408(a), (b), and (c),  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section "heirs" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 22, Estates [Section 3, Texas Probate] Code, except that  | 
      
      
        | 
           
			 | 
        the term excludes any person who has filed a proper disclaimer or  | 
      
      
        | 
           
			 | 
        renunciation with the retirement system. | 
      
      
        | 
           
			 | 
               (b)  If the administrator of a deceased member's estate would  | 
      
      
        | 
           
			 | 
        be entitled to a refund or an annuity because of the death of the  | 
      
      
        | 
           
			 | 
        member, the heirs of the deceased member may apply for and receive  | 
      
      
        | 
           
			 | 
        the benefit if: | 
      
      
        | 
           
			 | 
                     (1)  no petition for the appointment of a personal  | 
      
      
        | 
           
			 | 
        representative of the member is pending or has been granted; | 
      
      
        | 
           
			 | 
                     (2)  30 days have elapsed since the date of death of the  | 
      
      
        | 
           
			 | 
        member; | 
      
      
        | 
           
			 | 
                     (3)  the value of the entire assets of the member's  | 
      
      
        | 
           
			 | 
        probate estate, excluding homestead and exempt property, does not  | 
      
      
        | 
           
			 | 
        exceed $50,000; and | 
      
      
        | 
           
			 | 
                     (4)  on file with the retirement system is a certified  | 
      
      
        | 
           
			 | 
        copy of a small estates affidavit that has been approved and filed  | 
      
      
        | 
           
			 | 
        in accordance with Chapter 205, Estates [Section 137, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code, or an original affidavit described by Subsection  | 
      
      
        | 
           
			 | 
        (c). | 
      
      
        | 
           
			 | 
               (c)  If no affidavit has been filed with the clerk of the  | 
      
      
        | 
           
			 | 
        court having jurisdiction and venue as provided by Chapter 205,  | 
      
      
        | 
           
			 | 
        Estates [Section 137, Texas Probate] Code, the retirement system  | 
      
      
        | 
           
			 | 
        may accept instead an affidavit sworn to by two disinterested  | 
      
      
        | 
           
			 | 
        witnesses and by those heirs who have legal capacity and, if the  | 
      
      
        | 
           
			 | 
        facts warrant, by the natural guardian or next of kin of any minor  | 
      
      
        | 
           
			 | 
        or incompetent who is also an heir.  The affidavit must include the  | 
      
      
        | 
           
			 | 
        names and addresses of the heirs and witnesses, establish the facts  | 
      
      
        | 
           
			 | 
        listed in Subsection (b), include a list of the assets and  | 
      
      
        | 
           
			 | 
        liabilities of the estate, show the facts that constitute the basis  | 
      
      
        | 
           
			 | 
        for the right of the heirs to receive the estate, and show the  | 
      
      
        | 
           
			 | 
        fractional interests of the heirs in the estate as a result of those  | 
      
      
        | 
           
			 | 
        facts. | 
      
      
        | 
           
			 | 
               SECTION 22.044.  Sections 854.106(a), (b), and (d),  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If a surviving spouse, or the executor or administrator  | 
      
      
        | 
           
			 | 
        of a member's estate, would be entitled to make an election under  | 
      
      
        | 
           
			 | 
        Section 854.105 because of the death of the member, the heirs of the  | 
      
      
        | 
           
			 | 
        deceased member may make that election if: | 
      
      
        | 
           
			 | 
                     (1)  no surviving spouse exists; | 
      
      
        | 
           
			 | 
                     (2)  no petition for the appointment of a personal  | 
      
      
        | 
           
			 | 
        representative of the member is pending or has been granted; | 
      
      
        | 
           
			 | 
                     (3)  30 days have elapsed since the death of the member; | 
      
      
        | 
           
			 | 
                     (4)  the value of the entire assets of the member's  | 
      
      
        | 
           
			 | 
        estate, excluding homestead and exempt property, does not exceed  | 
      
      
        | 
           
			 | 
        $50,000; | 
      
      
        | 
           
			 | 
                     (5)  there are not more than three heirs; and | 
      
      
        | 
           
			 | 
                     (6)  on file with the retirement system is a certified  | 
      
      
        | 
           
			 | 
        copy of a small estates affidavit that has been approved and filed  | 
      
      
        | 
           
			 | 
        in accordance with Chapter 205, Estates [Section 137, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code, or an original affidavit as described by Subsection  | 
      
      
        | 
           
			 | 
        (b). | 
      
      
        | 
           
			 | 
               (b)  If no affidavit has been filed with the clerk of the  | 
      
      
        | 
           
			 | 
        court having jurisdiction and venue as provided by Chapter 205,  | 
      
      
        | 
           
			 | 
        Estates [Section 137 of the Texas Probate] Code, the retirement  | 
      
      
        | 
           
			 | 
        system may accept instead an affidavit sworn to by two  | 
      
      
        | 
           
			 | 
        disinterested witnesses, by the heirs who have legal capacity, and,  | 
      
      
        | 
           
			 | 
        if the facts warrant, by the natural guardian or next of kin of any  | 
      
      
        | 
           
			 | 
        minor or incompetent who is also an heir.  The affidavit shall  | 
      
      
        | 
           
			 | 
        include the names and addresses of the heirs and witnesses,  | 
      
      
        | 
           
			 | 
        establish the facts listed in Subsection (a), include a list of the  | 
      
      
        | 
           
			 | 
        assets and liabilities of the estate, show the facts that  | 
      
      
        | 
           
			 | 
        constitute the basis for the right of the heirs to receive the  | 
      
      
        | 
           
			 | 
        estate, and show the fractional interests of the heirs in the estate  | 
      
      
        | 
           
			 | 
        as a result of those facts. | 
      
      
        | 
           
			 | 
               (d)  In this section, "heirs" has the meaning assigned by  | 
      
      
        | 
           
			 | 
        Chapter 22, Estates [Section 3, Texas Probate] Code, except that  | 
      
      
        | 
           
			 | 
        the term excludes any persons who have filed with the retirement  | 
      
      
        | 
           
			 | 
        system a proper disclaimer or renunciation. | 
      
      
        | 
           
			 | 
               SECTION 22.045.  Section 313.003(a), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This chapter does not apply to: | 
      
      
        | 
           
			 | 
                     (1)  a decision to withhold or withdraw life-sustaining  | 
      
      
        | 
           
			 | 
        treatment from qualified terminal or irreversible patients under  | 
      
      
        | 
           
			 | 
        Subchapter B, Chapter 166; | 
      
      
        | 
           
			 | 
                     (2)  a health care decision made under a medical power  | 
      
      
        | 
           
			 | 
        of attorney under Subchapter D, Chapter 166, or under Subtitle P,  | 
      
      
        | 
           
			 | 
        Title 2, Estates [Chapter XII, Texas Probate] Code; | 
      
      
        | 
           
			 | 
                     (3)  consent to medical treatment of minors under  | 
      
      
        | 
           
			 | 
        Chapter 32, Family Code; | 
      
      
        | 
           
			 | 
                     (4)  consent for emergency care under Chapter 773; | 
      
      
        | 
           
			 | 
                     (5)  hospital patient transfers under Chapter 241; or | 
      
      
        | 
           
			 | 
                     (6)  a patient's legal guardian who has the authority to  | 
      
      
        | 
           
			 | 
        make a decision regarding the patient's medical treatment. | 
      
      
        | 
           
			 | 
               SECTION 22.046.  Section 313.004(f), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (f)  A person who is an available adult surrogate, as  | 
      
      
        | 
           
			 | 
        described by Subsection (a), may consent to medical treatment on  | 
      
      
        | 
           
			 | 
        behalf of a patient who is an adult inmate of a county or municipal  | 
      
      
        | 
           
			 | 
        jail only for a period that expires on the earlier of the 120th day  | 
      
      
        | 
           
			 | 
        after the date the person agrees to act as an adult surrogate for  | 
      
      
        | 
           
			 | 
        the patient or the date the inmate is released from jail.  At the  | 
      
      
        | 
           
			 | 
        conclusion of the period, a successor surrogate may not be  | 
      
      
        | 
           
			 | 
        appointed and only the patient or the patient's appointed guardian  | 
      
      
        | 
           
			 | 
        of the person, if the patient is a ward under Title 3, Estates  | 
      
      
        | 
           
			 | 
        [Chapter XIII, Texas Probate] Code, may consent to medical  | 
      
      
        | 
           
			 | 
        treatment. | 
      
      
        | 
           
			 | 
               SECTION 22.047.  Section 576.002(b), Health and Safety Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  There is a rebuttable presumption that a person is  | 
      
      
        | 
           
			 | 
        mentally competent unless a judicial finding to the contrary is  | 
      
      
        | 
           
			 | 
        made under the Estates [Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.048.  Section 1104.004, Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 1104.004.  WRITTEN APPROVAL BY ADULT REQUIRED.  An  | 
      
      
        | 
           
			 | 
        application or agreement made by a minor under this subchapter must  | 
      
      
        | 
           
			 | 
        be signed or approved in writing by: | 
      
      
        | 
           
			 | 
                     (1)  a parent, grandparent, or adult sibling of the  | 
      
      
        | 
           
			 | 
        minor; or | 
      
      
        | 
           
			 | 
                     (2)  if the minor does not have a parent, grandparent,  | 
      
      
        | 
           
			 | 
        or adult sibling, an adult eligible under the Estates [Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code to be appointed guardian of the estate of the minor. | 
      
      
        | 
           
			 | 
               SECTION 22.049.  Section 1551.004(a), Insurance Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this chapter, "dependent" with respect to an  | 
      
      
        | 
           
			 | 
        individual eligible to participate in the group benefits program  | 
      
      
        | 
           
			 | 
        means the individual's: | 
      
      
        | 
           
			 | 
                     (1)  spouse; | 
      
      
        | 
           
			 | 
                     (2)  unmarried child younger than 26 years of age; | 
      
      
        | 
           
			 | 
                     (3)  child of any age who the board of trustees  | 
      
      
        | 
           
			 | 
        determines lives with or has the child's care provided by the  | 
      
      
        | 
           
			 | 
        individual on a regular basis if  the child is mentally or  | 
      
      
        | 
           
			 | 
        physically incapacitated to the extent that the child is dependent  | 
      
      
        | 
           
			 | 
        on the individual for care or support, as determined by the board of  | 
      
      
        | 
           
			 | 
        trustees; | 
      
      
        | 
           
			 | 
                     (4)  child of any age who is unmarried, for purposes of  | 
      
      
        | 
           
			 | 
        health benefit coverage under this chapter, on expiration of the  | 
      
      
        | 
           
			 | 
        child's continuation coverage under the Consolidated Omnibus  | 
      
      
        | 
           
			 | 
        Budget Reconciliation Act of 1985 (Pub. L. No. 99-272) and its  | 
      
      
        | 
           
			 | 
        subsequent amendments; and | 
      
      
        | 
           
			 | 
                     (5)  ward, as that term is defined by Chapter 1002,  | 
      
      
        | 
           
			 | 
        Estates [Section 601, Texas Probate] Code, who is 26 years of age or  | 
      
      
        | 
           
			 | 
        younger. | 
      
      
        | 
           
			 | 
               SECTION 22.050.  Sections 117.053(b) and (c), Local  | 
      
      
        | 
           
			 | 
        Government Code, are amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Except as provided by Subsection (a), a clerk may not  | 
      
      
        | 
           
			 | 
        draw a check on special account funds held by a depository except to  | 
      
      
        | 
           
			 | 
        pay a person entitled to the funds.  The payment must be made under  | 
      
      
        | 
           
			 | 
        an order of the court of proper jurisdiction in which the funds were  | 
      
      
        | 
           
			 | 
        deposited except that an appeal bond shall be paid without a written  | 
      
      
        | 
           
			 | 
        order of the court on receipt of mandate or dismissal and funds  | 
      
      
        | 
           
			 | 
        deposited under Chapter 1355, Estates [Section 887, Texas Probate]  | 
      
      
        | 
           
			 | 
        Code, may be paid without a written order of the court.  The clerk  | 
      
      
        | 
           
			 | 
        shall place on the check the style and number of the proceeding in  | 
      
      
        | 
           
			 | 
        which the money was deposited with the clerk. | 
      
      
        | 
           
			 | 
               (c)  The clerk shall transfer any registry funds into a  | 
      
      
        | 
           
			 | 
        separate account when directed to by a written order of a court of  | 
      
      
        | 
           
			 | 
        proper jurisdiction or when the clerk is required to under Chapter  | 
      
      
        | 
           
			 | 
        1355, Estates [Section 887, Texas Probate] Code.  The clerk shall  | 
      
      
        | 
           
			 | 
        transfer the funds into a separate account in: | 
      
      
        | 
           
			 | 
                     (1)  interest-bearing deposits in a financial  | 
      
      
        | 
           
			 | 
        institution doing business in this state that is insured by the  | 
      
      
        | 
           
			 | 
        Federal Deposit Insurance Corporation; | 
      
      
        | 
           
			 | 
                     (2)  United States treasury bills; | 
      
      
        | 
           
			 | 
                     (3)  an eligible interlocal investment pool that meets  | 
      
      
        | 
           
			 | 
        the requirements of Sections 2256.016, 2256.017, and 2256.019,  | 
      
      
        | 
           
			 | 
        Government Code; or | 
      
      
        | 
           
			 | 
                     (4)  a no-load money market mutual fund, if the fund: | 
      
      
        | 
           
			 | 
                           (A)  is regulated by the Securities and Exchange  | 
      
      
        | 
           
			 | 
        Commission; | 
      
      
        | 
           
			 | 
                           (B)  has a dollar weighted average stated maturity  | 
      
      
        | 
           
			 | 
        of 90 days or fewer; and | 
      
      
        | 
           
			 | 
                           (C)  includes in its investment objectives the  | 
      
      
        | 
           
			 | 
        maintenance of a stable net asset value of $1 for each share. | 
      
      
        | 
           
			 | 
               SECTION 22.051.  Section 117.125(b), Local Government Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A clerk shall transfer all money deposited in a registry  | 
      
      
        | 
           
			 | 
        fund under Chapter 1355, Estates [Section 887, Texas Probate] Code,  | 
      
      
        | 
           
			 | 
        into a separate account. | 
      
      
        | 
           
			 | 
               SECTION 22.052.  Section 159.005(a), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Consent for the release of confidential information  | 
      
      
        | 
           
			 | 
        must be in writing and signed by: | 
      
      
        | 
           
			 | 
                     (1)  the patient; | 
      
      
        | 
           
			 | 
                     (2)  a parent or legal guardian of the patient if the  | 
      
      
        | 
           
			 | 
        patient is a minor; | 
      
      
        | 
           
			 | 
                     (3)  a legal guardian of the patient if the patient has  | 
      
      
        | 
           
			 | 
        been adjudicated incapacitated to manage the patient's personal  | 
      
      
        | 
           
			 | 
        affairs; | 
      
      
        | 
           
			 | 
                     (4)  an attorney ad litem appointed for the patient, as  | 
      
      
        | 
           
			 | 
        authorized by: | 
      
      
        | 
           
			 | 
                           (A)  Subtitle C, Title 7, Health and Safety Code; | 
      
      
        | 
           
			 | 
                           (B)  Subtitle D, Title 7, Health and Safety Code; | 
      
      
        | 
           
			 | 
                           (C)  Title 3, Estates [Chapter XIII, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code; or | 
      
      
        | 
           
			 | 
                           (D)  Chapter 107, Family Code; or | 
      
      
        | 
           
			 | 
                     (5)  a personal representative of the patient if the  | 
      
      
        | 
           
			 | 
        patient is deceased. | 
      
      
        | 
           
			 | 
               SECTION 22.053.  Section 201.405(b), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Consent for the release of confidential information  | 
      
      
        | 
           
			 | 
        must be in writing and signed by: | 
      
      
        | 
           
			 | 
                     (1)  the patient; | 
      
      
        | 
           
			 | 
                     (2)  a parent or legal guardian if the patient is a  | 
      
      
        | 
           
			 | 
        minor; | 
      
      
        | 
           
			 | 
                     (3)  a legal guardian if the patient has been  | 
      
      
        | 
           
			 | 
        adjudicated incompetent to manage the patient's personal affairs; | 
      
      
        | 
           
			 | 
                     (4)  an attorney ad litem appointed for the patient, as  | 
      
      
        | 
           
			 | 
        authorized by: | 
      
      
        | 
           
			 | 
                           (A)  Subtitle B, Title 6, Health and Safety Code; | 
      
      
        | 
           
			 | 
                           (B)  Subtitle C, D, or E, Title 7, Health and  | 
      
      
        | 
           
			 | 
        Safety Code; | 
      
      
        | 
           
			 | 
                           (C)  Title 3, Estates [Chapter XIII, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code; | 
      
      
        | 
           
			 | 
                           (D)  Chapter 107, Family Code; or | 
      
      
        | 
           
			 | 
                           (E)  another applicable provision; or | 
      
      
        | 
           
			 | 
                     (5)  a personal representative if the patient is  | 
      
      
        | 
           
			 | 
        deceased. | 
      
      
        | 
           
			 | 
               SECTION 22.054.  Section 202.406(a), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Consent for the release of information made  | 
      
      
        | 
           
			 | 
        confidential under this subchapter must be made in writing and  | 
      
      
        | 
           
			 | 
        signed by: | 
      
      
        | 
           
			 | 
                     (1)  the patient; | 
      
      
        | 
           
			 | 
                     (2)  the patient's parent or legal guardian if the  | 
      
      
        | 
           
			 | 
        patient is a minor; | 
      
      
        | 
           
			 | 
                     (3)  a legal guardian if the patient has been  | 
      
      
        | 
           
			 | 
        adjudicated incompetent to manage the patient's personal affairs; | 
      
      
        | 
           
			 | 
                     (4)  an attorney ad litem appointed for the patient, as  | 
      
      
        | 
           
			 | 
        authorized by: | 
      
      
        | 
           
			 | 
                           (A)  Subtitle B, Title 6, Health and Safety Code; | 
      
      
        | 
           
			 | 
                           (B)  Subtitle C, D, or E, Title 7, Health and  | 
      
      
        | 
           
			 | 
        Safety Code; | 
      
      
        | 
           
			 | 
                           (C)  Title 3, Estates [Chapter XIII, Texas 
         | 
      
      
        | 
           
			 | 
        
          Probate] Code; | 
      
      
        | 
           
			 | 
                           (D)  Chapter 107, Family Code; or | 
      
      
        | 
           
			 | 
                           (E)  another applicable law; or | 
      
      
        | 
           
			 | 
                     (5)  the patient's personal representative if the  | 
      
      
        | 
           
			 | 
        patient is deceased. | 
      
      
        | 
           
			 | 
               SECTION 22.055.  Section 1703.351(a), Occupations Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The department may take action authorized under  | 
      
      
        | 
           
			 | 
        Subsection (b) against an applicant or license holder who: | 
      
      
        | 
           
			 | 
                     (1)  wilfully violates this chapter or a rule adopted  | 
      
      
        | 
           
			 | 
        under this chapter; | 
      
      
        | 
           
			 | 
                     (2)  violates Section 1703.306(a); | 
      
      
        | 
           
			 | 
                     (3)  wilfully aids or abets another to violate this  | 
      
      
        | 
           
			 | 
        chapter or a rule adopted under this chapter; | 
      
      
        | 
           
			 | 
                     (4)  allows the person's license issued under this  | 
      
      
        | 
           
			 | 
        chapter to be used by an unlicensed person in violation of this  | 
      
      
        | 
           
			 | 
        chapter; | 
      
      
        | 
           
			 | 
                     (5)  makes a material misstatement in an application  | 
      
      
        | 
           
			 | 
        for the issuance or renewal of a license; | 
      
      
        | 
           
			 | 
                     (6)  makes a wilful misrepresentation or false promise  | 
      
      
        | 
           
			 | 
        or causes the printing of a false or misleading advertisement to  | 
      
      
        | 
           
			 | 
        directly or indirectly obtain business or trainees; | 
      
      
        | 
           
			 | 
                     (7)  fails to inform a subject to be examined: | 
      
      
        | 
           
			 | 
                           (A)  of the nature of the examination; and | 
      
      
        | 
           
			 | 
                           (B)  that the subject's participation in the  | 
      
      
        | 
           
			 | 
        examination is voluntary; | 
      
      
        | 
           
			 | 
                     (8)  fails to inform the subject of an examination of  | 
      
      
        | 
           
			 | 
        the examination results on request; | 
      
      
        | 
           
			 | 
                     (9)  violates Section 51.151, Family Code; | 
      
      
        | 
           
			 | 
                     (10)  wilfully makes a false report concerning an  | 
      
      
        | 
           
			 | 
        examination for polygraph examination purposes; | 
      
      
        | 
           
			 | 
                     (11)  fails to provide within a reasonable time  | 
      
      
        | 
           
			 | 
        information requested by the department as the result of a formal  | 
      
      
        | 
           
			 | 
        complaint to the department alleging a violation of this chapter; | 
      
      
        | 
           
			 | 
                     (12)  demonstrates unworthiness or incompetency to act  | 
      
      
        | 
           
			 | 
        as a polygraph examiner; | 
      
      
        | 
           
			 | 
                     (13)  is convicted of an offense that directly relates  | 
      
      
        | 
           
			 | 
        to the duties and responsibilities of a polygraph examiner; or | 
      
      
        | 
           
			 | 
                     (14)  is found to be incapacitated as provided by the  | 
      
      
        | 
           
			 | 
        Estates [Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.056.  Section 25.10(a), Penal Code, is amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  In this section: | 
      
      
        | 
           
			 | 
                     (1)  "Possessory right" means the right of a guardian  | 
      
      
        | 
           
			 | 
        of the person to have physical possession of a ward and to establish  | 
      
      
        | 
           
			 | 
        the ward's legal domicile, as provided by Section 1151.051(c)(1),  | 
      
      
        | 
           
			 | 
        Estates [767(1), Texas Probate] Code. | 
      
      
        | 
           
			 | 
                     (2)  "Ward" has the meaning assigned by Chapter 1002,  | 
      
      
        | 
           
			 | 
        Estates [Section 601, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.057.  Section 32.45(a)(1), Penal Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
                     (1)  "Fiduciary" includes: | 
      
      
        | 
           
			 | 
                           (A)  a trustee, guardian, administrator,  | 
      
      
        | 
           
			 | 
        executor, conservator, and receiver; | 
      
      
        | 
           
			 | 
                           (B)  an attorney in fact or agent appointed under  | 
      
      
        | 
           
			 | 
        a durable power of attorney as provided by Subtitle P, Title 2,  | 
      
      
        | 
           
			 | 
        Estates [Chapter XII, Texas Probate] Code; | 
      
      
        | 
           
			 | 
                           (C)  any other person acting in a fiduciary  | 
      
      
        | 
           
			 | 
        capacity, but not a commercial bailee unless the commercial bailee  | 
      
      
        | 
           
			 | 
        is a party in a motor fuel sales agreement with a distributor or  | 
      
      
        | 
           
			 | 
        supplier, as those terms are defined by Section 162.001, Tax Code;  | 
      
      
        | 
           
			 | 
        and | 
      
      
        | 
           
			 | 
                           (D)  an officer, manager, employee, or agent  | 
      
      
        | 
           
			 | 
        carrying on fiduciary functions on behalf of a fiduciary. | 
      
      
        | 
           
			 | 
               SECTION 22.058.  Section 26.005(b), Property Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The interests of the deceased individual's children and  | 
      
      
        | 
           
			 | 
        grandchildren are divided among them and exercisable on a per  | 
      
      
        | 
           
			 | 
        stirpes basis in the manner provided by Section 201.101, Estates  | 
      
      
        | 
           
			 | 
        [43, Texas Probate] Code, according to the number of the deceased  | 
      
      
        | 
           
			 | 
        individual's children represented.  If there is more than one child  | 
      
      
        | 
           
			 | 
        of a deceased child of the deceased individual, the share of a child  | 
      
      
        | 
           
			 | 
        of a deceased child may only be exercised by a majority of the  | 
      
      
        | 
           
			 | 
        children of the deceased child. | 
      
      
        | 
           
			 | 
               SECTION 22.059.  Section 74.501(d), Property Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  On receipt of a claim form and all necessary  | 
      
      
        | 
           
			 | 
        documentation and as may be appropriate under the circumstances,  | 
      
      
        | 
           
			 | 
        the comptroller may approve the claim of: | 
      
      
        | 
           
			 | 
                     (1)  the reported owner of the property; | 
      
      
        | 
           
			 | 
                     (2)  if the reported owner died testate: | 
      
      
        | 
           
			 | 
                           (A)  the appropriate legal beneficiaries of the  | 
      
      
        | 
           
			 | 
        owner as provided by the last will and testament of the owner that  | 
      
      
        | 
           
			 | 
        has been accepted into probate or filed as a muniment of title; or | 
      
      
        | 
           
			 | 
                           (B)  the executor of the owner's last will and  | 
      
      
        | 
           
			 | 
        testament who holds current letters testamentary; | 
      
      
        | 
           
			 | 
                     (3)  if the reported owner died intestate: | 
      
      
        | 
           
			 | 
                           (A)  the legal heirs of the owner as provided by  | 
      
      
        | 
           
			 | 
        Sections 201.001 and 201.002, Estates [Section 38, Texas Probate]  | 
      
      
        | 
           
			 | 
        Code; or | 
      
      
        | 
           
			 | 
                           (B)  the court-appointed administrator of the  | 
      
      
        | 
           
			 | 
        owner's estate; | 
      
      
        | 
           
			 | 
                     (4)  the legal heirs of the reported owner as  | 
      
      
        | 
           
			 | 
        established by an affidavit of heirship order signed by a judge of  | 
      
      
        | 
           
			 | 
        the county probate court or by a county judge; | 
      
      
        | 
           
			 | 
                     (5)  if the reported owner is a minor child or an adult  | 
      
      
        | 
           
			 | 
        who has been adjudged incompetent by a court of law, the parent or  | 
      
      
        | 
           
			 | 
        legal guardian of the child or adult; | 
      
      
        | 
           
			 | 
                     (6)  if the reported owner is a corporation: | 
      
      
        | 
           
			 | 
                           (A)  the president or chair of the board of  | 
      
      
        | 
           
			 | 
        directors of the corporation, on behalf of the corporation; or | 
      
      
        | 
           
			 | 
                           (B)  any person who has legal authority to act on  | 
      
      
        | 
           
			 | 
        behalf of the corporation; | 
      
      
        | 
           
			 | 
                     (7)  if the reported owner is a corporation that has  | 
      
      
        | 
           
			 | 
        been dissolved or liquidated: | 
      
      
        | 
           
			 | 
                           (A)  the sole surviving shareholder of the  | 
      
      
        | 
           
			 | 
        corporation, if there is only one surviving shareholder; | 
      
      
        | 
           
			 | 
                           (B)  the surviving shareholders of the  | 
      
      
        | 
           
			 | 
        corporation in proportion to their ownership of the corporation, if  | 
      
      
        | 
           
			 | 
        there is more than one surviving shareholder; | 
      
      
        | 
           
			 | 
                           (C)  the corporation's bankruptcy trustee; or | 
      
      
        | 
           
			 | 
                           (D)  the court-ordered receiver for the  | 
      
      
        | 
           
			 | 
        corporation; or | 
      
      
        | 
           
			 | 
                     (8)  any other person that is entitled to receive the  | 
      
      
        | 
           
			 | 
        unclaimed property under other law or comptroller policy. | 
      
      
        | 
           
			 | 
               SECTION 22.060.  Section 115.001(d), Property Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The jurisdiction of the district court is exclusive  | 
      
      
        | 
           
			 | 
        except for jurisdiction conferred by law on: | 
      
      
        | 
           
			 | 
                     (1)  a statutory probate court; | 
      
      
        | 
           
			 | 
                     (2)  a court that creates a trust under Subchapter B,  | 
      
      
        | 
           
			 | 
        Chapter 1301, Estates [Section 867, Texas Probate] Code; | 
      
      
        | 
           
			 | 
                     (3)  a court that creates a trust under Section  | 
      
      
        | 
           
			 | 
        142.005; | 
      
      
        | 
           
			 | 
                     (4)  a justice court under Chapter 27, Government Code;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                     (5)  [a small claims court under Chapter 28, Government 
         | 
      
      
        | 
           
			 | 
        
          Code; or
         | 
      
      
        | 
           
			 | 
                     [(6)]  a county court at law. | 
      
      
        | 
           
			 | 
               SECTION 22.061.  Section 123.003(a), Property Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Any party initiating a proceeding involving a  | 
      
      
        | 
           
			 | 
        charitable trust shall give notice of the proceeding to the  | 
      
      
        | 
           
			 | 
        attorney general by sending to the attorney general, by registered  | 
      
      
        | 
           
			 | 
        or certified mail, a true copy of the petition or other instrument  | 
      
      
        | 
           
			 | 
        initiating the proceeding involving a charitable trust within 30  | 
      
      
        | 
           
			 | 
        days of the filing of such petition or other instrument, but no less  | 
      
      
        | 
           
			 | 
        than 25 days prior to a hearing in such a proceeding.  This  | 
      
      
        | 
           
			 | 
        subsection does not apply to a proceeding that is initiated by an  | 
      
      
        | 
           
			 | 
        application that exclusively seeks the admission of a will to  | 
      
      
        | 
           
			 | 
        probate, regardless of whether the application seeks the  | 
      
      
        | 
           
			 | 
        appointment of a personal representative, if the application: | 
      
      
        | 
           
			 | 
                     (1)  is uncontested; and | 
      
      
        | 
           
			 | 
                     (2)  is not subject to Subchapter C, Chapter 256,  | 
      
      
        | 
           
			 | 
        Estates [Section 83, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.062.  Section 123.005, Property Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 123.005.  BREACH OF FIDUCIARY DUTY:  VENUE;  | 
      
      
        | 
           
			 | 
        JURISDICTION.  (a)  Venue in a proceeding brought by the attorney  | 
      
      
        | 
           
			 | 
        general alleging breach of a fiduciary duty by a charitable entity  | 
      
      
        | 
           
			 | 
        or a fiduciary or managerial agent of a charitable trust shall be a  | 
      
      
        | 
           
			 | 
        court of competent jurisdiction in Travis County or in the county  | 
      
      
        | 
           
			 | 
        where the defendant resides or has its principal office.  To the  | 
      
      
        | 
           
			 | 
        extent of a conflict between this subsection and any provision of  | 
      
      
        | 
           
			 | 
        the Estates [Texas Probate] Code providing for venue of a  | 
      
      
        | 
           
			 | 
        proceeding brought with respect to a charitable trust created by a  | 
      
      
        | 
           
			 | 
        will that has been admitted to probate, this subsection controls. | 
      
      
        | 
           
			 | 
               (b)  A statutory probate court of Travis County has  | 
      
      
        | 
           
			 | 
        concurrent jurisdiction with any other court on which jurisdiction  | 
      
      
        | 
           
			 | 
        is conferred by Section 32.001, Estates [4A, Texas Probate] Code,  | 
      
      
        | 
           
			 | 
        in a proceeding brought by the attorney general alleging breach of a  | 
      
      
        | 
           
			 | 
        fiduciary duty with respect to a charitable trust created by a will  | 
      
      
        | 
           
			 | 
        that has been admitted to probate. | 
      
      
        | 
           
			 | 
               SECTION 22.063.  Section 27(a), Chapter 88 (H.B. 1573), Acts  | 
      
      
        | 
           
			 | 
        of the 77th Legislature, Regular Session, 2001 (Article 6243h,  | 
      
      
        | 
           
			 | 
        Vernon's Texas Civil Statutes), is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A person eligible for payment of a pension or other  | 
      
      
        | 
           
			 | 
        benefits administered by the pension system may direct the pension  | 
      
      
        | 
           
			 | 
        system to treat as the authorized representative of the person  | 
      
      
        | 
           
			 | 
        concerning the disposition of the pension or other benefits an  | 
      
      
        | 
           
			 | 
        attorney-in-fact under a power of attorney that the pension system  | 
      
      
        | 
           
			 | 
        determines complies with Subchapters A and B, Chapter 752, Estates  | 
      
      
        | 
           
			 | 
        [Section 490, Texas Probate] Code. | 
      
      
        | 
           
			 | 
               SECTION 22.064.  Section 6.13, Chapter 824 (S.B. 817), Acts  | 
      
      
        | 
           
			 | 
        of the 73rd Legislature, Regular Session, 1993 (Article 6243o,  | 
      
      
        | 
           
			 | 
        Vernon's Texas Civil Statutes), is amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 6.13.  GUARDIANSHIP.  Any benefit payable under this  | 
      
      
        | 
           
			 | 
        article to a dependent child as defined by Section 1.02(7)(B) of  | 
      
      
        | 
           
			 | 
        this Act may be paid only to a guardian who is appointed in  | 
      
      
        | 
           
			 | 
        accordance with Title 3, Estates [Chapter XIII, Texas Probate]  | 
      
      
        | 
           
			 | 
        Code.  Any benefit payable under this article to a dependent child  | 
      
      
        | 
           
			 | 
        as defined by Section 1.02(7)(A) of this Act may, at the board's  | 
      
      
        | 
           
			 | 
        discretion, be: | 
      
      
        | 
           
			 | 
                     (1)  paid to a guardian appointed in accordance with  | 
      
      
        | 
           
			 | 
        Title 3, Estates [Chapter XIII, Texas Probate] Code; or | 
      
      
        | 
           
			 | 
                     (2)  accrued by the fund and paid directly to the  | 
      
      
        | 
           
			 | 
        dependent child on the child's 18th birthday. | 
      
      
        | 
           
			 | 
        ARTICLE 23.  CONFORMING CHANGES RELATING TO NONSUBSTANTIVE REVISION  | 
      
      
        | 
           
			 | 
        OF CERTAIN LAWS CONCERNING COMMUNITY SUPERVISION | 
      
      
        | 
           
			 | 
               SECTION 23.001.  Article 42.0199, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42.0199.  FINDING REGARDING DILIGENT PARTICIPATION  | 
      
      
        | 
           
			 | 
        CREDIT.  If a person is convicted of a state jail felony, the judge  | 
      
      
        | 
           
			 | 
        shall make a finding and enter the finding in the judgment of the  | 
      
      
        | 
           
			 | 
        case regarding whether the person is presumptively entitled to  | 
      
      
        | 
           
			 | 
        diligent participation credit in accordance with [Section 15(h),]  | 
      
      
        | 
           
			 | 
        Article 42A.559 [42.12]. | 
      
      
        | 
           
			 | 
               SECTION 23.002.  Section 5, Article 42.03, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 5.  Except as otherwise provided by [Section 5(a-1),]  | 
      
      
        | 
           
			 | 
        Article 42A.106(b) [42.12], the court after pronouncing the  | 
      
      
        | 
           
			 | 
        sentence shall inform the defendant of the defendant's right to  | 
      
      
        | 
           
			 | 
        petition the court for an order of nondisclosure of criminal  | 
      
      
        | 
           
			 | 
        history record information under Subchapter E-1, Chapter 411,  | 
      
      
        | 
           
			 | 
        Government Code, unless the defendant is ineligible to pursue that  | 
      
      
        | 
           
			 | 
        right because of the requirements that apply to obtaining the order  | 
      
      
        | 
           
			 | 
        in the defendant's circumstances, such as: | 
      
      
        | 
           
			 | 
                     (1)  the nature of the offense for which the defendant  | 
      
      
        | 
           
			 | 
        is convicted; or | 
      
      
        | 
           
			 | 
                     (2)  the defendant's criminal history. | 
      
      
        | 
           
			 | 
               SECTION 23.003.  Sections 411.072(a) and (b), Government  | 
      
      
        | 
           
			 | 
        Code, are amended to conform to Chapter 770 (H.B. 2299), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to a person who: | 
      
      
        | 
           
			 | 
                     (1)  was placed on deferred adjudication community  | 
      
      
        | 
           
			 | 
        supervision under Subchapter C [Section 5], Chapter 42A [Article 
         | 
      
      
        | 
           
			 | 
        
          42.12], Code of Criminal Procedure, for a misdemeanor other than a  | 
      
      
        | 
           
			 | 
        misdemeanor: | 
      
      
        | 
           
			 | 
                           (A)  under Chapter 20, 21, 22, 25, 42, 43, 46, or  | 
      
      
        | 
           
			 | 
        71, Penal Code; or | 
      
      
        | 
           
			 | 
                           (B)  with respect to which an affirmative finding  | 
      
      
        | 
           
			 | 
        under [Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, was filed in the papers of the case; and | 
      
      
        | 
           
			 | 
                     (2)  has never been previously convicted of or placed  | 
      
      
        | 
           
			 | 
        on deferred adjudication community supervision for another offense  | 
      
      
        | 
           
			 | 
        other than an offense under the Transportation Code that is  | 
      
      
        | 
           
			 | 
        punishable by fine only. | 
      
      
        | 
           
			 | 
               (b)  Notwithstanding any other provision of this subchapter  | 
      
      
        | 
           
			 | 
        or Subchapter F, if a person described by Subsection (a) receives a  | 
      
      
        | 
           
			 | 
        discharge and dismissal under [Section 5(c),] Article 42A.111  | 
      
      
        | 
           
			 | 
        [42.12], Code of Criminal Procedure, and satisfies the requirements  | 
      
      
        | 
           
			 | 
        of Section 411.074, the court that placed the person on deferred  | 
      
      
        | 
           
			 | 
        adjudication community supervision shall issue an order of  | 
      
      
        | 
           
			 | 
        nondisclosure of criminal history record information under this  | 
      
      
        | 
           
			 | 
        subchapter prohibiting criminal justice agencies from disclosing  | 
      
      
        | 
           
			 | 
        to the public criminal history record information related to the  | 
      
      
        | 
           
			 | 
        offense giving rise to the deferred adjudication community  | 
      
      
        | 
           
			 | 
        supervision.  The court shall determine whether the person  | 
      
      
        | 
           
			 | 
        satisfies the requirements of Section 411.074, and if the court  | 
      
      
        | 
           
			 | 
        makes a finding that the requirements of that section are  | 
      
      
        | 
           
			 | 
        satisfied, the court shall issue the order of nondisclosure of  | 
      
      
        | 
           
			 | 
        criminal history record information: | 
      
      
        | 
           
			 | 
                     (1)  at the time the court discharges and dismisses the  | 
      
      
        | 
           
			 | 
        proceedings against the person, if the discharge and dismissal  | 
      
      
        | 
           
			 | 
        occurs on or after the 180th day after the date the court placed the  | 
      
      
        | 
           
			 | 
        person on deferred adjudication community supervision; or | 
      
      
        | 
           
			 | 
                     (2)  as soon as practicable on or after the 180th day  | 
      
      
        | 
           
			 | 
        after the date the court placed the person on deferred adjudication  | 
      
      
        | 
           
			 | 
        community supervision, if the discharge and dismissal occurred  | 
      
      
        | 
           
			 | 
        before that date. | 
      
      
        | 
           
			 | 
               SECTION 23.004.  Section 411.0725(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to a person placed on deferred  | 
      
      
        | 
           
			 | 
        adjudication community supervision under Subchapter C [Section 5],  | 
      
      
        | 
           
			 | 
        Chapter 42A [Article 42.12], Code of Criminal Procedure, who is not  | 
      
      
        | 
           
			 | 
        eligible to receive an order of nondisclosure of criminal history  | 
      
      
        | 
           
			 | 
        record information under Section 411.072. | 
      
      
        | 
           
			 | 
               SECTION 23.005.  Section 411.0728(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to a person who on conviction  | 
      
      
        | 
           
			 | 
        for an offense under Section 43.02, Penal Code, is placed on  | 
      
      
        | 
           
			 | 
        community supervision under Chapter 42A [Article 42.12], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, and with respect to whom the conviction is  | 
      
      
        | 
           
			 | 
        subsequently set aside by the court under Article 42A.701 [Section 
         | 
      
      
        | 
           
			 | 
        
          20(a)] of that code [article]. | 
      
      
        | 
           
			 | 
               SECTION 23.006.  Section 411.073(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  This section applies only to a person placed on  | 
      
      
        | 
           
			 | 
        community supervision under Chapter 42A [Article 42.12], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure: | 
      
      
        | 
           
			 | 
                     (1)  following a conviction of a misdemeanor other than  | 
      
      
        | 
           
			 | 
        a misdemeanor under Section 106.041, Alcoholic Beverage Code,  | 
      
      
        | 
           
			 | 
        Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71,  | 
      
      
        | 
           
			 | 
        Penal Code; and | 
      
      
        | 
           
			 | 
                     (2)  under a provision of Chapter 42A [Article 42.12],  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure, other than Subchapter C [Section 5],  | 
      
      
        | 
           
			 | 
        including: | 
      
      
        | 
           
			 | 
                           (A)  a provision that requires the person to serve  | 
      
      
        | 
           
			 | 
        a term of confinement as a condition of community supervision; or | 
      
      
        | 
           
			 | 
                           (B)  another provision that authorizes placing a  | 
      
      
        | 
           
			 | 
        person on community supervision after the person has served part of  | 
      
      
        | 
           
			 | 
        a term of confinement imposed for the offense. | 
      
      
        | 
           
			 | 
               SECTION 23.007.  Section 411.1471(f), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (f)  A defendant who provides a DNA sample under this section  | 
      
      
        | 
           
			 | 
        is not required to provide a DNA sample under Section 411.148 of  | 
      
      
        | 
           
			 | 
        this code or under [Section 11(j),] Article 42A.352 [42.12], Code  | 
      
      
        | 
           
			 | 
        of Criminal Procedure, unless the attorney representing the state  | 
      
      
        | 
           
			 | 
        in the prosecution of the felony offense that makes Section 411.148  | 
      
      
        | 
           
			 | 
        or Article 42A.352 [11(j)] applicable to the defendant establishes  | 
      
      
        | 
           
			 | 
        to the satisfaction of the director that the interests of justice or  | 
      
      
        | 
           
			 | 
        public safety require that the defendant provide additional  | 
      
      
        | 
           
			 | 
        samples. | 
      
      
        | 
           
			 | 
               SECTION 23.008.  Section 411.1882(a), Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A person who is serving in this state as a judge or  | 
      
      
        | 
           
			 | 
        justice of a federal court, as an active judicial officer as defined  | 
      
      
        | 
           
			 | 
        by Section 411.201, as a district attorney, assistant district  | 
      
      
        | 
           
			 | 
        attorney, criminal district attorney, assistant criminal district  | 
      
      
        | 
           
			 | 
        attorney, county attorney, or assistant county attorney, as a  | 
      
      
        | 
           
			 | 
        supervision officer as defined by [Section 2,] Article 42A.001  | 
      
      
        | 
           
			 | 
        [42.12], Code of Criminal Procedure, or as a juvenile probation  | 
      
      
        | 
           
			 | 
        officer may establish handgun proficiency for the purposes of this  | 
      
      
        | 
           
			 | 
        subchapter by obtaining from a handgun proficiency instructor  | 
      
      
        | 
           
			 | 
        approved by the Texas Commission on Law Enforcement for purposes of  | 
      
      
        | 
           
			 | 
        Section 1702.1675, Occupations Code, a sworn statement that  | 
      
      
        | 
           
			 | 
        indicates that the person, during the 12-month period preceding the  | 
      
      
        | 
           
			 | 
        date of the person's application to the department, demonstrated to  | 
      
      
        | 
           
			 | 
        the instructor proficiency in the use of handguns. | 
      
      
        | 
           
			 | 
               SECTION 23.009.  Section 411.1953, Government Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 411.1953.  REDUCTION OF FEES FOR COMMUNITY SUPERVISION  | 
      
      
        | 
           
			 | 
        AND CORRECTIONS DEPARTMENT OFFICERS AND JUVENILE PROBATION  | 
      
      
        | 
           
			 | 
        OFFICERS.  Notwithstanding any other provision of this subchapter,  | 
      
      
        | 
           
			 | 
        an applicant who is serving in this state as a supervision officer,  | 
      
      
        | 
           
			 | 
        as defined by [Section 2,] Article 42A.001 [42.12], Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, or as a juvenile probation officer shall pay a  | 
      
      
        | 
           
			 | 
        fee of $25 for the issuance of an original or renewed license under  | 
      
      
        | 
           
			 | 
        this subchapter. | 
      
      
        | 
           
			 | 
               SECTION 23.010.  Section 49.09(h), Penal Code, as amended by  | 
      
      
        | 
           
			 | 
        Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067  | 
      
      
        | 
           
			 | 
        (H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015,  | 
      
      
        | 
           
			 | 
        is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015, to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (h)  This subsection applies only to a person convicted of a  | 
      
      
        | 
           
			 | 
        second or subsequent offense relating to the operating of a motor  | 
      
      
        | 
           
			 | 
        vehicle while intoxicated committed within five years of the date  | 
      
      
        | 
           
			 | 
        on which the most recent preceding offense was committed.  The court  | 
      
      
        | 
           
			 | 
        shall enter an order that requires the defendant to have a device  | 
      
      
        | 
           
			 | 
        installed, on each motor vehicle owned or operated by the  | 
      
      
        | 
           
			 | 
        defendant, that uses a deep-lung breath analysis mechanism to make  | 
      
      
        | 
           
			 | 
        impractical the operation of the motor vehicle if ethyl alcohol is  | 
      
      
        | 
           
			 | 
        detected in the breath of the operator, and that requires that  | 
      
      
        | 
           
			 | 
        before the first anniversary of the ending date of the period of  | 
      
      
        | 
           
			 | 
        license suspension under Section 521.344, Transportation Code, the  | 
      
      
        | 
           
			 | 
        defendant not operate any motor vehicle that is not equipped with  | 
      
      
        | 
           
			 | 
        that device.  The court shall require the defendant to obtain the  | 
      
      
        | 
           
			 | 
        device at the defendant's own cost on or before that ending date,  | 
      
      
        | 
           
			 | 
        require the defendant to provide evidence to the court on or before  | 
      
      
        | 
           
			 | 
        that ending date that the device has been installed on each  | 
      
      
        | 
           
			 | 
        appropriate vehicle, and order the device to remain installed on  | 
      
      
        | 
           
			 | 
        each vehicle until the first anniversary of that ending date.  If  | 
      
      
        | 
           
			 | 
        the court determines the offender is unable to pay for the device,  | 
      
      
        | 
           
			 | 
        the court may impose a reasonable payment schedule not to extend  | 
      
      
        | 
           
			 | 
        beyond the first anniversary of the date of installation.  The  | 
      
      
        | 
           
			 | 
        Department of Public Safety shall approve devices for use under  | 
      
      
        | 
           
			 | 
        this subsection.  Section 521.247, Transportation Code, applies to  | 
      
      
        | 
           
			 | 
        the approval of a device under this subsection and the consequences  | 
      
      
        | 
           
			 | 
        of that approval.  Failure to comply with an order entered under  | 
      
      
        | 
           
			 | 
        this subsection is punishable by contempt.  For the purpose of  | 
      
      
        | 
           
			 | 
        enforcing this subsection, the court that enters an order under  | 
      
      
        | 
           
			 | 
        this subsection retains jurisdiction over the defendant until the  | 
      
      
        | 
           
			 | 
        date on which the device is no longer required to remain installed.   | 
      
      
        | 
           
			 | 
        To the extent of a conflict between this subsection and Subchapter  | 
      
      
        | 
           
			 | 
        I, Chapter 42A, Code of Criminal Procedure, this subsection  | 
      
      
        | 
           
			 | 
        controls. | 
      
      
        | 
           
			 | 
               SECTION 23.011.  Section 92.025(b), Property Code, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  This section does not preclude a cause of action for  | 
      
      
        | 
           
			 | 
        negligence in leasing of a dwelling by a landlord or a landlord's  | 
      
      
        | 
           
			 | 
        manager or agent to a tenant, if: | 
      
      
        | 
           
			 | 
                     (1)  the tenant: | 
      
      
        | 
           
			 | 
                           (A)  was convicted of an offense listed in  | 
      
      
        | 
           
			 | 
        [Section 3g,] Article 42A.054 [42.12], Code of Criminal Procedure;  | 
      
      
        | 
           
			 | 
        or | 
      
      
        | 
           
			 | 
                           (B)  has a reportable conviction or adjudication,  | 
      
      
        | 
           
			 | 
        as defined by Article 62.001, Code of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (2)  the person against whom the action is filed knew or  | 
      
      
        | 
           
			 | 
        should have known of the conviction or adjudication. | 
      
      
        | 
           
			 | 
               SECTION 23.012.  (a)  Article 42A.105, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Chapter 1279 (S.B. 1902), Acts  | 
      
      
        | 
           
			 | 
        of the 84th Legislature, Regular Session, 2015, by adding  | 
      
      
        | 
           
			 | 
        Subsection (f) to read as follows: | 
      
      
        | 
           
			 | 
               (f)  If a judge places on deferred adjudication community  | 
      
      
        | 
           
			 | 
        supervision a defendant charged with a misdemeanor other than a  | 
      
      
        | 
           
			 | 
        misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal  | 
      
      
        | 
           
			 | 
        Code, the judge shall make an affirmative finding of fact and file a  | 
      
      
        | 
           
			 | 
        statement of that affirmative finding with the papers in the case if  | 
      
      
        | 
           
			 | 
        the judge determines that it is not in the best interest of justice  | 
      
      
        | 
           
			 | 
        that the defendant receive an automatic order of nondisclosure  | 
      
      
        | 
           
			 | 
        under Section 411.072, Government Code.  | 
      
      
        | 
           
			 | 
               (b)  Article 42A.106(b), Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Before placing a defendant on deferred adjudication  | 
      
      
        | 
           
			 | 
        community supervision, the court shall inform the defendant of the  | 
      
      
        | 
           
			 | 
        defendant's right to receive or petition the court for an order of  | 
      
      
        | 
           
			 | 
        nondisclosure of criminal history record information under  | 
      
      
        | 
           
			 | 
        Subchapter E-1, Chapter 411 [Section 411.081], Government Code, as  | 
      
      
        | 
           
			 | 
        applicable, unless the defendant is ineligible for an order [to 
         | 
      
      
        | 
           
			 | 
        
          pursue that right] because of: | 
      
      
        | 
           
			 | 
                     (1)  the nature of the offense for which the defendant  | 
      
      
        | 
           
			 | 
        is placed on deferred adjudication community supervision; or | 
      
      
        | 
           
			 | 
                     (2)  the defendant's criminal history. | 
      
      
        | 
           
			 | 
               (c)  Article 42A.111(e), Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (e)  A judge who dismisses the proceedings against a  | 
      
      
        | 
           
			 | 
        defendant and discharges the defendant under this article: | 
      
      
        | 
           
			 | 
                     (1)  shall [:
         | 
      
      
        | 
           
			 | 
                     [(1)]  provide the defendant with a copy of the order of  | 
      
      
        | 
           
			 | 
        dismissal and discharge; and | 
      
      
        | 
           
			 | 
                     (2)  if the judge determines that the defendant is or  | 
      
      
        | 
           
			 | 
        may become eligible for an order of nondisclosure of criminal  | 
      
      
        | 
           
			 | 
        history record information under Subchapter E-1, Chapter 411,  | 
      
      
        | 
           
			 | 
        Government Code, shall, as applicable: | 
      
      
        | 
           
			 | 
                           (A)  grant an order of nondisclosure of criminal  | 
      
      
        | 
           
			 | 
        history record information to the defendant;  | 
      
      
        | 
           
			 | 
                           (B)  inform the defendant of the defendant's  | 
      
      
        | 
           
			 | 
        eligibility to receive an order of nondisclosure of criminal  | 
      
      
        | 
           
			 | 
        history record information without a petition and the earliest date  | 
      
      
        | 
           
			 | 
        on which the defendant is eligible to receive the order; or | 
      
      
        | 
           
			 | 
                           (C)  [,] inform the defendant of the defendant's  | 
      
      
        | 
           
			 | 
        eligibility to petition the court for an order of nondisclosure of  | 
      
      
        | 
           
			 | 
        criminal history record information [under Section 411.081, 
         | 
      
      
        | 
           
			 | 
        
          Government Code,] and the earliest date the defendant is eligible  | 
      
      
        | 
           
			 | 
        to file the petition for the order [of nondisclosure]. | 
      
      
        | 
           
			 | 
               (d)  Section 16, Chapter 1279 (S.B. 1902), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 5,  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.013.  (a)  Article 42A.301, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 2, Chapter 106 (H.B.  | 
      
      
        | 
           
			 | 
        3633), Acts of the 84th Legislature, Regular Session, 2015, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS.  The judge of  | 
      
      
        | 
           
			 | 
        the court having jurisdiction of the case shall determine the  | 
      
      
        | 
           
			 | 
        conditions of community supervision.  The judge may impose any  | 
      
      
        | 
           
			 | 
        reasonable condition that is designed to protect or restore the  | 
      
      
        | 
           
			 | 
        community, protect or restore the victim, or punish, rehabilitate,  | 
      
      
        | 
           
			 | 
        or reform the defendant.  Conditions of community supervision may  | 
      
      
        | 
           
			 | 
        include conditions requiring the defendant to: | 
      
      
        | 
           
			 | 
                     (1)  commit no offense against the laws of this state or  | 
      
      
        | 
           
			 | 
        of any other state or of the United States; | 
      
      
        | 
           
			 | 
                     (2)  avoid injurious or vicious habits; | 
      
      
        | 
           
			 | 
                     (3)  avoid persons or places of disreputable or harmful  | 
      
      
        | 
           
			 | 
        character, including any person, other than a family member of the  | 
      
      
        | 
           
			 | 
        defendant, who is an active member of a criminal street gang; | 
      
      
        | 
           
			 | 
                     (4)  report to the supervision officer as directed by  | 
      
      
        | 
           
			 | 
        the judge or supervision officer and obey all rules and regulations  | 
      
      
        | 
           
			 | 
        of the community supervision and corrections department; | 
      
      
        | 
           
			 | 
                     (5)  permit the supervision officer to visit the  | 
      
      
        | 
           
			 | 
        defendant at the defendant's home or elsewhere; | 
      
      
        | 
           
			 | 
                     (6)  work faithfully at suitable employment to the  | 
      
      
        | 
           
			 | 
        extent possible; | 
      
      
        | 
           
			 | 
                     (7)  remain within a specified place; | 
      
      
        | 
           
			 | 
                     (8)  pay in one or more amounts: | 
      
      
        | 
           
			 | 
                           (A)  the defendant's fine, if one is assessed; and | 
      
      
        | 
           
			 | 
                           (B)  all court costs, regardless of whether a fine  | 
      
      
        | 
           
			 | 
        is assessed; | 
      
      
        | 
           
			 | 
                     (9)  support the defendant's dependents; | 
      
      
        | 
           
			 | 
                     (10)  participate, for a period specified by the judge,  | 
      
      
        | 
           
			 | 
        in any community-based program, including a community service  | 
      
      
        | 
           
			 | 
        project under Article 42A.304; | 
      
      
        | 
           
			 | 
                     (11)  if the judge determines that the defendant has  | 
      
      
        | 
           
			 | 
        financial resources that enable the defendant to offset in part or  | 
      
      
        | 
           
			 | 
        in whole the costs of the legal services provided to the defendant  | 
      
      
        | 
           
			 | 
        in accordance with Article 1.051(c) or (d), including any expenses  | 
      
      
        | 
           
			 | 
        and costs, reimburse the county in which the prosecution was  | 
      
      
        | 
           
			 | 
        instituted for the costs of the legal services in an amount that the  | 
      
      
        | 
           
			 | 
        judge finds the defendant is able to pay, except that the defendant  | 
      
      
        | 
           
			 | 
        may not be ordered to pay an amount that exceeds [as follows]: | 
      
      
        | 
           
			 | 
                           (A)  the actual costs, including any expenses and  | 
      
      
        | 
           
			 | 
        costs, paid by the county for the legal services provided by an  | 
      
      
        | 
           
			 | 
        appointed attorney [if counsel was appointed, an amount for 
         | 
      
      
        | 
           
			 | 
        
          compensation paid to appointed counsel for defending the defendant 
         | 
      
      
        | 
           
			 | 
        
          in the case]; or | 
      
      
        | 
           
			 | 
                           (B)  if the defendant was represented by a public  | 
      
      
        | 
           
			 | 
        defender's office, the actual [an] amount, including any expenses  | 
      
      
        | 
           
			 | 
        and costs, that would have otherwise been paid to an appointed  | 
      
      
        | 
           
			 | 
        attorney had the county not had a public defender's office; | 
      
      
        | 
           
			 | 
                     (12)  if under custodial supervision in a community  | 
      
      
        | 
           
			 | 
        corrections facility: | 
      
      
        | 
           
			 | 
                           (A)  remain under that supervision; | 
      
      
        | 
           
			 | 
                           (B)  obey all rules and regulations of the  | 
      
      
        | 
           
			 | 
        facility; and | 
      
      
        | 
           
			 | 
                           (C)  pay a percentage of the defendant's income  | 
      
      
        | 
           
			 | 
        to: | 
      
      
        | 
           
			 | 
                                 (i)  the facility for room and board; and | 
      
      
        | 
           
			 | 
                                 (ii)  the defendant's dependents for their  | 
      
      
        | 
           
			 | 
        support during the period of custodial supervision; | 
      
      
        | 
           
			 | 
                     (13)  submit to testing for alcohol or controlled  | 
      
      
        | 
           
			 | 
        substances; | 
      
      
        | 
           
			 | 
                     (14)  attend counseling sessions for substance abusers  | 
      
      
        | 
           
			 | 
        or participate in substance abuse treatment services in a program  | 
      
      
        | 
           
			 | 
        or facility approved or licensed by the Department of State Health  | 
      
      
        | 
           
			 | 
        Services; | 
      
      
        | 
           
			 | 
                     (15)  with the consent of the victim of a misdemeanor  | 
      
      
        | 
           
			 | 
        offense or of any offense under Title 7, Penal Code, participate in  | 
      
      
        | 
           
			 | 
        victim-defendant mediation; | 
      
      
        | 
           
			 | 
                     (16)  submit to electronic monitoring; | 
      
      
        | 
           
			 | 
                     (17)  reimburse the compensation to victims of crime  | 
      
      
        | 
           
			 | 
        fund for any amounts paid from that fund to or on behalf of a victim,  | 
      
      
        | 
           
			 | 
        as defined by Article 56.32, of the offense or if no reimbursement  | 
      
      
        | 
           
			 | 
        is required, make one payment to the compensation to victims of  | 
      
      
        | 
           
			 | 
        crime fund in an amount not to exceed $50 if the offense is a  | 
      
      
        | 
           
			 | 
        misdemeanor or not to exceed $100 if the offense is a felony; | 
      
      
        | 
           
			 | 
                     (18)  reimburse a law enforcement agency for the  | 
      
      
        | 
           
			 | 
        analysis, storage, or disposal of raw materials, controlled  | 
      
      
        | 
           
			 | 
        substances, chemical precursors, drug paraphernalia, or other  | 
      
      
        | 
           
			 | 
        materials seized in connection with the offense; | 
      
      
        | 
           
			 | 
                     (19)  pay all or part of the reasonable and necessary  | 
      
      
        | 
           
			 | 
        costs incurred by the victim for psychological counseling made  | 
      
      
        | 
           
			 | 
        necessary by the offense or for counseling and education relating  | 
      
      
        | 
           
			 | 
        to acquired immune deficiency syndrome or human immunodeficiency  | 
      
      
        | 
           
			 | 
        virus made necessary by the offense; | 
      
      
        | 
           
			 | 
                     (20)  make one payment in an amount not to exceed $50 to  | 
      
      
        | 
           
			 | 
        a crime stoppers organization, as defined by Section 414.001,  | 
      
      
        | 
           
			 | 
        Government Code, and as certified by the Texas Crime Stoppers  | 
      
      
        | 
           
			 | 
        Council; | 
      
      
        | 
           
			 | 
                     (21)  submit a DNA sample to the Department of Public  | 
      
      
        | 
           
			 | 
        Safety under Subchapter G, Chapter 411, Government Code, for the  | 
      
      
        | 
           
			 | 
        purpose of creating a DNA record of the defendant; | 
      
      
        | 
           
			 | 
                     (22)  in any manner required by the judge, provide in  | 
      
      
        | 
           
			 | 
        the county in which the offense was committed public notice of the  | 
      
      
        | 
           
			 | 
        offense for which the defendant was placed on community  | 
      
      
        | 
           
			 | 
        supervision; and | 
      
      
        | 
           
			 | 
                     (23)  reimburse the county in which the prosecution was  | 
      
      
        | 
           
			 | 
        instituted for compensation paid to any interpreter in the case. | 
      
      
        | 
           
			 | 
               (b)  Article 42A.651, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, by amending Subsection (a) and  | 
      
      
        | 
           
			 | 
        adding Subsection (c) to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A judge may not order a defendant to make a payment as a  | 
      
      
        | 
           
			 | 
        term or condition of community supervision, except for: | 
      
      
        | 
           
			 | 
                     (1)  the payment of fines, court costs, or restitution  | 
      
      
        | 
           
			 | 
        to the victim; [or] | 
      
      
        | 
           
			 | 
                     (2)  reimbursement of a county as described by Article  | 
      
      
        | 
           
			 | 
        42A.301(11); or | 
      
      
        | 
           
			 | 
                     (3)  a payment ordered as a condition that relates  | 
      
      
        | 
           
			 | 
        personally to the rehabilitation of the defendant or that is  | 
      
      
        | 
           
			 | 
        otherwise expressly authorized by law. | 
      
      
        | 
           
			 | 
               (c)  A judge may not impose a condition of community  | 
      
      
        | 
           
			 | 
        supervision requiring a defendant to reimburse a county for the  | 
      
      
        | 
           
			 | 
        costs of legal services as described by Article 42A.301(11) if the  | 
      
      
        | 
           
			 | 
        defendant has already satisfied that obligation under Article  | 
      
      
        | 
           
			 | 
        26.05(g). | 
      
      
        | 
           
			 | 
               (c)  Article 42A.655, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.655.  ABILITY TO PAY.  The court shall consider the  | 
      
      
        | 
           
			 | 
        defendant's ability to pay before [in] ordering the defendant to  | 
      
      
        | 
           
			 | 
        make any payments under this chapter. | 
      
      
        | 
           
			 | 
               (d)  Section 2, Chapter 106 (H.B. 3633), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Sections 11(a)  | 
      
      
        | 
           
			 | 
        and (b), Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.014.  (a)  Article 42A.751(i), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 3, Chapter 106 (H.B.  | 
      
      
        | 
           
			 | 
        3633), Acts of the 84th Legislature, Regular Session, 2015, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (i)  In a revocation hearing at which it is alleged only that  | 
      
      
        | 
           
			 | 
        the defendant violated the conditions of community supervision by  | 
      
      
        | 
           
			 | 
        failing to pay [compensation paid to appointed counsel,] community  | 
      
      
        | 
           
			 | 
        supervision fees[,] or court costs or by failing to pay the costs of  | 
      
      
        | 
           
			 | 
        legal services as described by Article 42A.301(11), the state must  | 
      
      
        | 
           
			 | 
        prove by a preponderance of the evidence that the defendant was able  | 
      
      
        | 
           
			 | 
        to pay and did not pay as ordered by the judge. | 
      
      
        | 
           
			 | 
               (b)  Section 3, Chapter 106 (H.B. 3633), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 21(c),  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.015.  (a)  Article 42A.304, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 1, Chapter 1002 (H.B.  | 
      
      
        | 
           
			 | 
        583), Acts of the 84th Legislature, Regular Session, 2015, by  | 
      
      
        | 
           
			 | 
        amending Subsection (f) and adding Subsection (g) to read as  | 
      
      
        | 
           
			 | 
        follows: | 
      
      
        | 
           
			 | 
               (f)  Instead of requiring the defendant to work a specified  | 
      
      
        | 
           
			 | 
        number of hours at one or more community service projects under  | 
      
      
        | 
           
			 | 
        Subsection (a), the [The] judge may order a defendant to make a  | 
      
      
        | 
           
			 | 
        specified donation to: | 
      
      
        | 
           
			 | 
                     (1)  a nonprofit food bank or food pantry in the  | 
      
      
        | 
           
			 | 
        community in which the defendant resides; | 
      
      
        | 
           
			 | 
                     (2)  a charitable organization engaged primarily in  | 
      
      
        | 
           
			 | 
        performing charitable functions for veterans in the community in  | 
      
      
        | 
           
			 | 
        which the defendant resides; or | 
      
      
        | 
           
			 | 
                     (3)  in a county with a population of less than 50,000,  | 
      
      
        | 
           
			 | 
        another nonprofit organization that: | 
      
      
        | 
           
			 | 
                           (A)  is exempt from taxation under Section 501(a)  | 
      
      
        | 
           
			 | 
        of the Internal Revenue Code of 1986 because it is listed in Section  | 
      
      
        | 
           
			 | 
        501(c)(3) of that code; and | 
      
      
        | 
           
			 | 
                           (B)  provides services or assistance to needy  | 
      
      
        | 
           
			 | 
        individuals and families in the community in which the defendant  | 
      
      
        | 
           
			 | 
        resides [instead of requiring the defendant to work a specified 
         | 
      
      
        | 
           
			 | 
        
          number of hours at one or more community service projects under 
         | 
      
      
        | 
           
			 | 
        
          Subsection (a)]. | 
      
      
        | 
           
			 | 
               (g)  In this article: | 
      
      
        | 
           
			 | 
                     (1)  "Charitable organization" has the meaning  | 
      
      
        | 
           
			 | 
        assigned by Section 2252.906, Government Code. | 
      
      
        | 
           
			 | 
                     (2)  "Veteran" has the meaning assigned by Section  | 
      
      
        | 
           
			 | 
        434.022, Government Code. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 1002 (H.B. 583), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 16,  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.016.  (a)  Article 42A.403(a), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Chapter 838 (S.B. 202), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  A judge who places on community supervision a defendant  | 
      
      
        | 
           
			 | 
        convicted of an offense under Sections 49.04-49.08, Penal Code,  | 
      
      
        | 
           
			 | 
        shall require as a condition of community supervision that the  | 
      
      
        | 
           
			 | 
        defendant attend and successfully complete, before the 181st day  | 
      
      
        | 
           
			 | 
        after the date community supervision is granted, an educational  | 
      
      
        | 
           
			 | 
        program designed to rehabilitate persons who have driven while  | 
      
      
        | 
           
			 | 
        intoxicated that is jointly approved by: | 
      
      
        | 
           
			 | 
                     (1)  the Texas Department of Licensing and Regulation  | 
      
      
        | 
           
			 | 
        [State Health Services]; | 
      
      
        | 
           
			 | 
                     (2)  the Department of Public Safety; | 
      
      
        | 
           
			 | 
                     (3)  the traffic safety section of the traffic  | 
      
      
        | 
           
			 | 
        operations division of the Texas Department of Transportation; and | 
      
      
        | 
           
			 | 
                     (4)  the community justice assistance division of the  | 
      
      
        | 
           
			 | 
        Texas Department of Criminal Justice. | 
      
      
        | 
           
			 | 
               (b)  Article 42A.403, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, by adding Subsection (d-1) and amending  | 
      
      
        | 
           
			 | 
        Subsection (e) to read as follows: | 
      
      
        | 
           
			 | 
               (d-1)  The judge shall waive the educational program  | 
      
      
        | 
           
			 | 
        requirement if the defendant successfully completes equivalent  | 
      
      
        | 
           
			 | 
        education at a residential treatment facility under Article  | 
      
      
        | 
           
			 | 
        42A.4045. | 
      
      
        | 
           
			 | 
               (e)  The judge shall set out in the judgment, as applicable: | 
      
      
        | 
           
			 | 
                     (1)  the finding of good cause for waiver; or | 
      
      
        | 
           
			 | 
                     (2)  the finding that the defendant has successfully  | 
      
      
        | 
           
			 | 
        completed equivalent education as provided by Article 42A.4045 [in 
         | 
      
      
        | 
           
			 | 
        
          the judgment]. | 
      
      
        | 
           
			 | 
               (c)  Article 42A.404(a), Code of Criminal Procedure, is  | 
      
      
        | 
           
			 | 
        amended to conform to Chapter 838 (S.B. 202), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The judge shall require a defendant who is punished  | 
      
      
        | 
           
			 | 
        under Section 49.09, Penal Code, to attend and successfully  | 
      
      
        | 
           
			 | 
        complete as a condition of community supervision an educational  | 
      
      
        | 
           
			 | 
        program for repeat offenders that is approved by the Texas  | 
      
      
        | 
           
			 | 
        Department of Licensing and Regulation [State Health Services]. | 
      
      
        | 
           
			 | 
               (d)  Article 42A.404, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, by amending Subsections (b) and (c) and  | 
      
      
        | 
           
			 | 
        adding Subsection (b-1) to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The judge may waive the educational program requirement  | 
      
      
        | 
           
			 | 
        [only] if the defendant by a motion in writing shows good cause.  In  | 
      
      
        | 
           
			 | 
        determining good cause, the judge may consider: | 
      
      
        | 
           
			 | 
                     (1)  the defendant's school and work schedule; | 
      
      
        | 
           
			 | 
                     (2)  the defendant's health; | 
      
      
        | 
           
			 | 
                     (3)  the distance that the defendant must travel to  | 
      
      
        | 
           
			 | 
        attend an educational program; and | 
      
      
        | 
           
			 | 
                     (4)  whether the defendant resides out of state or does  | 
      
      
        | 
           
			 | 
        not have access to transportation. | 
      
      
        | 
           
			 | 
               (b-1)  The judge shall waive the educational program  | 
      
      
        | 
           
			 | 
        requirement if the defendant successfully completes equivalent  | 
      
      
        | 
           
			 | 
        education at a residential treatment facility under Article  | 
      
      
        | 
           
			 | 
        42A.4045. | 
      
      
        | 
           
			 | 
               (c)  The judge shall set out in the judgment, as applicable: | 
      
      
        | 
           
			 | 
                     (1)  the finding of good cause for waiver; or | 
      
      
        | 
           
			 | 
                     (2)  the finding that the defendant has successfully  | 
      
      
        | 
           
			 | 
        completed equivalent education as provided by Article 42A.4045 [in 
         | 
      
      
        | 
           
			 | 
        
          the judgment]. | 
      
      
        | 
           
			 | 
               (e)  Subchapter I, Chapter 42A, Code of Criminal Procedure,  | 
      
      
        | 
           
			 | 
        is amended to conform to Chapter 851 (S.B. 1070), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, by adding Article 42A.4045 to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.4045.  ALTERNATIVE TO EDUCATIONAL PROGRAM:   | 
      
      
        | 
           
			 | 
        SUBSTANCE ABUSE TREATMENT FACILITY.  (a)  A judge shall waive the  | 
      
      
        | 
           
			 | 
        educational requirement under Article 42A.403 or 42A.404 for a  | 
      
      
        | 
           
			 | 
        defendant who is required to receive treatment as a resident of a  | 
      
      
        | 
           
			 | 
        substance abuse treatment facility as a condition of community  | 
      
      
        | 
           
			 | 
        supervision if the defendant successfully completes equivalent  | 
      
      
        | 
           
			 | 
        education while the defendant is confined to the residential  | 
      
      
        | 
           
			 | 
        treatment facility. | 
      
      
        | 
           
			 | 
               (b)  The Department of State Health Services shall approve  | 
      
      
        | 
           
			 | 
        equivalent education provided at substance abuse treatment  | 
      
      
        | 
           
			 | 
        facilities. | 
      
      
        | 
           
			 | 
               (c)  The executive commissioner of the Health and Human  | 
      
      
        | 
           
			 | 
        Services Commission shall adopt rules to implement this article. | 
      
      
        | 
           
			 | 
               (d)  For purposes of this article, a substance abuse  | 
      
      
        | 
           
			 | 
        treatment facility includes: | 
      
      
        | 
           
			 | 
                     (1)  a substance abuse felony punishment facility  | 
      
      
        | 
           
			 | 
        operated by the Texas Department of Criminal Justice under Section  | 
      
      
        | 
           
			 | 
        493.009, Government Code; | 
      
      
        | 
           
			 | 
                     (2)  a community corrections facility, as defined by  | 
      
      
        | 
           
			 | 
        Section 509.001, Government Code; or | 
      
      
        | 
           
			 | 
                     (3)  a chemical dependency treatment facility licensed  | 
      
      
        | 
           
			 | 
        under Chapter 464, Health and Safety Code. | 
      
      
        | 
           
			 | 
               (f)  Article 42A.405, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 838 (S.B. 202), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.405.  RULES FOR AND ADMINISTRATION OF EDUCATIONAL  | 
      
      
        | 
           
			 | 
        PROGRAMS.  (a)  The Texas Department of Licensing and Regulation  | 
      
      
        | 
           
			 | 
        [Health and Human Services Commission] shall adopt rules for the  | 
      
      
        | 
           
			 | 
        educational program under Article 42A.404. | 
      
      
        | 
           
			 | 
               (b)  The Texas Department of Licensing and Regulation [State 
         | 
      
      
        | 
           
			 | 
        
          Health Services] shall: | 
      
      
        | 
           
			 | 
                     (1)  publish the jointly approved rules for the  | 
      
      
        | 
           
			 | 
        educational program under Article 42A.403; and | 
      
      
        | 
           
			 | 
                     (2)  monitor, coordinate, and provide training to  | 
      
      
        | 
           
			 | 
        persons providing the educational programs under this subchapter. | 
      
      
        | 
           
			 | 
               (c)  The Texas Department of Licensing and Regulation [State 
         | 
      
      
        | 
           
			 | 
        
          Health Services] is responsible for the administration of the  | 
      
      
        | 
           
			 | 
        certification of approved educational programs. | 
      
      
        | 
           
			 | 
               (d)  The Texas Department of Licensing and Regulation [State 
         | 
      
      
        | 
           
			 | 
        
          Health Services] may charge a nonrefundable application fee for the  | 
      
      
        | 
           
			 | 
        initial certification of approval or for a renewal of the  | 
      
      
        | 
           
			 | 
        certification. | 
      
      
        | 
           
			 | 
               (g)  Article 42A.406, Code of Criminal Procedure, is amended  | 
      
      
        | 
           
			 | 
        to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, by amending Subsection (a) and adding  | 
      
      
        | 
           
			 | 
        Subsection (b-1) to read as follows: | 
      
      
        | 
           
			 | 
               (a)  If a defendant is required as a condition of community  | 
      
      
        | 
           
			 | 
        supervision to attend an educational program under Article 42A.403  | 
      
      
        | 
           
			 | 
        or 42A.404, or if the court waives the educational program  | 
      
      
        | 
           
			 | 
        requirement under Article 42A.403 or the defendant successfully  | 
      
      
        | 
           
			 | 
        completes equivalent education under Article 42A.4045, the court  | 
      
      
        | 
           
			 | 
        clerk shall immediately report that fact to the Department of  | 
      
      
        | 
           
			 | 
        Public Safety, on a form prescribed by the department, for  | 
      
      
        | 
           
			 | 
        inclusion in the defendant's driving record.  If the court grants an  | 
      
      
        | 
           
			 | 
        extension of time in which the defendant may complete the  | 
      
      
        | 
           
			 | 
        educational program under Article 42A.403, the court clerk shall  | 
      
      
        | 
           
			 | 
        immediately report that fact to the Department of Public Safety on a  | 
      
      
        | 
           
			 | 
        form prescribed by the department.  The clerk's report under this  | 
      
      
        | 
           
			 | 
        subsection must include the beginning date of the defendant's  | 
      
      
        | 
           
			 | 
        community supervision. | 
      
      
        | 
           
			 | 
               (b-1)  Upon release from a residential treatment facility at  | 
      
      
        | 
           
			 | 
        which the person successfully completed equivalent education under  | 
      
      
        | 
           
			 | 
        Article 42A.4045, at the request of the court clerk, the director of  | 
      
      
        | 
           
			 | 
        the residential treatment facility shall give notice to the  | 
      
      
        | 
           
			 | 
        Department of Public Safety for inclusion in the person's driving  | 
      
      
        | 
           
			 | 
        record. | 
      
      
        | 
           
			 | 
               (h)  The following provisions are repealed: | 
      
      
        | 
           
			 | 
                     (1)  Section 1, Chapter 851 (S.B. 1070), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, which amended Subsections  | 
      
      
        | 
           
			 | 
        (h) and (j) and added Subsection (o), Section 13, Article 42.12,  | 
      
      
        | 
           
			 | 
        Code of Criminal Procedure; and | 
      
      
        | 
           
			 | 
                     (2)  Section 1.224, Chapter 838 (S.B. 202), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, which amended Subsections  | 
      
      
        | 
           
			 | 
        (h) and (j), Section 13, Article 42.12, Code of Criminal Procedure. | 
      
      
        | 
           
			 | 
               SECTION 23.017.  (a)  Article 42A.407, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 1, Chapter 1067 (H.B.  | 
      
      
        | 
           
			 | 
        2246), Acts of the 84th Legislature, Regular Session, 2015, by  | 
      
      
        | 
           
			 | 
        adding Subsection (g) to read as follows: | 
      
      
        | 
           
			 | 
               (g)  Notwithstanding any other provision of this subchapter,  | 
      
      
        | 
           
			 | 
        a defendant whose license is suspended for an offense under  | 
      
      
        | 
           
			 | 
        Sections 49.04-49.08, Penal Code, may operate a motor vehicle  | 
      
      
        | 
           
			 | 
        during the period of suspension if the defendant: | 
      
      
        | 
           
			 | 
                     (1)  obtains and uses an ignition interlock device as  | 
      
      
        | 
           
			 | 
        provided by Article 42A.408 for the entire period of the  | 
      
      
        | 
           
			 | 
        suspension; and | 
      
      
        | 
           
			 | 
                     (2)  applies for and receives an occupational driver's  | 
      
      
        | 
           
			 | 
        license with an ignition interlock designation under Section  | 
      
      
        | 
           
			 | 
        521.2465, Transportation Code. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 1067 (H.B. 2246), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which added Section 13(o),  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.018.  (a)  Article 42A.454, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 1, Chapter 684 (H.B.  | 
      
      
        | 
           
			 | 
        372), Acts of the 84th Legislature, Regular Session, 2015, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED.   | 
      
      
        | 
           
			 | 
        (a)  This article applies only to a defendant who is required to  | 
      
      
        | 
           
			 | 
        register as a sex offender under Chapter 62, by court order or  | 
      
      
        | 
           
			 | 
        otherwise, and: | 
      
      
        | 
           
			 | 
                     (1)  is convicted of or receives a grant of deferred  | 
      
      
        | 
           
			 | 
        adjudication community supervision for a violation of Section  | 
      
      
        | 
           
			 | 
        21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal  | 
      
      
        | 
           
			 | 
        Code; | 
      
      
        | 
           
			 | 
                     (2)  used the Internet or any other type of electronic  | 
      
      
        | 
           
			 | 
        device used for Internet access to commit the offense or engage in  | 
      
      
        | 
           
			 | 
        the conduct for which the person is required to register under  | 
      
      
        | 
           
			 | 
        Chapter 62; or | 
      
      
        | 
           
			 | 
                     (3)  is assigned a numeric risk level of two or three  | 
      
      
        | 
           
			 | 
        based on an assessment conducted under Article 62.007. | 
      
      
        | 
           
			 | 
               (b)  If the court grants community supervision to a defendant  | 
      
      
        | 
           
			 | 
        described by Subsection (a), the court as a condition of community  | 
      
      
        | 
           
			 | 
        supervision shall: | 
      
      
        | 
           
			 | 
                     (1)  prohibit the defendant from using the Internet to: | 
      
      
        | 
           
			 | 
                           (A) [(1)]  access material that is obscene, as  | 
      
      
        | 
           
			 | 
        defined by Section 43.21, Penal Code; | 
      
      
        | 
           
			 | 
                           (B) [(2)]  access a commercial social networking  | 
      
      
        | 
           
			 | 
        site, as defined by Article 62.0061(f); | 
      
      
        | 
           
			 | 
                           (C) [(3)]  communicate with any individual  | 
      
      
        | 
           
			 | 
        concerning sexual relations with an individual who is younger than  | 
      
      
        | 
           
			 | 
        17 years of age; or | 
      
      
        | 
           
			 | 
                           (D) [(4)]  communicate with another individual  | 
      
      
        | 
           
			 | 
        the defendant knows is younger than 17 years of age; and | 
      
      
        | 
           
			 | 
                     (2)  to ensure the defendant's compliance with  | 
      
      
        | 
           
			 | 
        Subdivision (1), require the defendant to submit to regular  | 
      
      
        | 
           
			 | 
        inspection or monitoring of each electronic device used by the  | 
      
      
        | 
           
			 | 
        defendant to access the Internet. | 
      
      
        | 
           
			 | 
               (c)  The court may modify at any time the condition described  | 
      
      
        | 
           
			 | 
        by Subsection (b)(1)(D) [(b)(4)] if: | 
      
      
        | 
           
			 | 
                     (1)  the condition interferes with the defendant's  | 
      
      
        | 
           
			 | 
        ability to attend school or become or remain employed and  | 
      
      
        | 
           
			 | 
        consequently constitutes an undue hardship for the defendant; or | 
      
      
        | 
           
			 | 
                     (2)  the defendant is the parent or guardian of an  | 
      
      
        | 
           
			 | 
        individual who is younger than 17 years of age and the defendant is  | 
      
      
        | 
           
			 | 
        not otherwise prohibited from communicating with that individual. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 684 (H.B. 372), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 13G,  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.019.  (a)  Subchapter K, Chapter 42A, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, is amended to conform to Section 3, Chapter  | 
      
      
        | 
           
			 | 
        1004 (H.B. 642), Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, by adding Article 42A.514 to read as follows: | 
      
      
        | 
           
			 | 
               Art. 42A.514.  COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR  | 
      
      
        | 
           
			 | 
        DRUG RELATED OFFENSES.  (a)  If a judge grants community  | 
      
      
        | 
           
			 | 
        supervision to a defendant younger than 18 years of age convicted of  | 
      
      
        | 
           
			 | 
        an alcohol-related offense under Section 106.02, 106.025, 106.04,  | 
      
      
        | 
           
			 | 
        106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section  | 
      
      
        | 
           
			 | 
        49.02, Penal Code, or an offense involving possession of a  | 
      
      
        | 
           
			 | 
        controlled substance or marihuana under Section 481.115, 481.1151,  | 
      
      
        | 
           
			 | 
        481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, the judge may require the defendant as a condition of  | 
      
      
        | 
           
			 | 
        community supervision to attend, as appropriate: | 
      
      
        | 
           
			 | 
                     (1)  an alcohol awareness program approved under  | 
      
      
        | 
           
			 | 
        Section 106.115, Alcoholic Beverage Code; or | 
      
      
        | 
           
			 | 
                     (2)  a drug education program that is designed to  | 
      
      
        | 
           
			 | 
        educate persons on the dangers of drug abuse and is approved by the  | 
      
      
        | 
           
			 | 
        Department of State Health Services in accordance with Section  | 
      
      
        | 
           
			 | 
        521.374, Transportation Code. | 
      
      
        | 
           
			 | 
               (b)  If a judge requires a defendant as a condition of  | 
      
      
        | 
           
			 | 
        community supervision to attend an alcohol awareness program or  | 
      
      
        | 
           
			 | 
        drug education program described by Subsection (a), unless the  | 
      
      
        | 
           
			 | 
        judge determines that the defendant is indigent and unable to pay  | 
      
      
        | 
           
			 | 
        the cost, the judge shall require the defendant to pay the cost of  | 
      
      
        | 
           
			 | 
        attending the program. The judge may allow the defendant to pay the  | 
      
      
        | 
           
			 | 
        cost of attending the program in installments during the term of  | 
      
      
        | 
           
			 | 
        community supervision. | 
      
      
        | 
           
			 | 
               (b)  Section 3, Chapter 1004 (H.B. 642), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which added Section 11(n),  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.020.  (a)  Article 42A.559, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 2, Chapter 225 (H.B.  | 
      
      
        | 
           
			 | 
        1546), Acts of the 84th Legislature, Regular Session, 2015, by  | 
      
      
        | 
           
			 | 
        amending Subsections (b), (e), and (f) and adding Subsections (g)  | 
      
      
        | 
           
			 | 
        and (h) to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A defendant confined in a state jail felony facility  | 
      
      
        | 
           
			 | 
        does not earn good conduct time for time served in the facility but  | 
      
      
        | 
           
			 | 
        may be awarded diligent participation credit in accordance with  | 
      
      
        | 
           
			 | 
        Subsection (f) or (g). | 
      
      
        | 
           
			 | 
               (e)  For a defendant who has participated in an educational,  | 
      
      
        | 
           
			 | 
        vocational, treatment, or work program while confined in a state  | 
      
      
        | 
           
			 | 
        jail felony facility, [not later than the 30th day before the date 
         | 
      
      
        | 
           
			 | 
        
          on which the defendant will have served 80 percent of the 
         | 
      
      
        | 
           
			 | 
        
          defendant's sentence,] the Texas Department of Criminal Justice  | 
      
      
        | 
           
			 | 
        shall record [report to the sentencing court] the number of days  | 
      
      
        | 
           
			 | 
        during which the defendant diligently participated in any  | 
      
      
        | 
           
			 | 
        educational, vocational, treatment, or work program.  [The 
         | 
      
      
        | 
           
			 | 
        
          contents of a report submitted under this subsection are not 
         | 
      
      
        | 
           
			 | 
        
          subject to challenge by a defendant.] | 
      
      
        | 
           
			 | 
               (f)  For a defendant with a judgment that contains a finding  | 
      
      
        | 
           
			 | 
        under Article 42.0199 that the defendant is presumptively entitled  | 
      
      
        | 
           
			 | 
        to diligent participation credit and who has not been the subject of  | 
      
      
        | 
           
			 | 
        disciplinary action while confined in the state jail felony  | 
      
      
        | 
           
			 | 
        facility, the department shall [A judge, based on the report 
         | 
      
      
        | 
           
			 | 
        
          received under Subsection (e), may] credit against any time the [a]  | 
      
      
        | 
           
			 | 
        defendant is required to serve in a state jail felony facility  | 
      
      
        | 
           
			 | 
        additional time for each day the defendant actually served in the  | 
      
      
        | 
           
			 | 
        facility while diligently participating in an educational,  | 
      
      
        | 
           
			 | 
        vocational, treatment, or work program. | 
      
      
        | 
           
			 | 
               (g)  For a defendant with a judgment that contains a finding  | 
      
      
        | 
           
			 | 
        under Article 42.0199 that the defendant is not presumptively  | 
      
      
        | 
           
			 | 
        entitled to diligent participation credit or who has been the  | 
      
      
        | 
           
			 | 
        subject of disciplinary action while confined in the state jail  | 
      
      
        | 
           
			 | 
        felony facility, the department shall, not later than the 30th day  | 
      
      
        | 
           
			 | 
        before the date on which the defendant will have served 80 percent  | 
      
      
        | 
           
			 | 
        of the defendant's sentence, report to the sentencing court the  | 
      
      
        | 
           
			 | 
        record of the number of days under Subsection (e). The contents of a  | 
      
      
        | 
           
			 | 
        report submitted under this subsection are not subject to challenge  | 
      
      
        | 
           
			 | 
        by a defendant. A judge, based on the report, may credit against any  | 
      
      
        | 
           
			 | 
        time a defendant is required to serve in a state jail felony  | 
      
      
        | 
           
			 | 
        facility additional time for each day the defendant actually served  | 
      
      
        | 
           
			 | 
        in the facility while diligently participating in an educational,  | 
      
      
        | 
           
			 | 
        vocational, treatment, or work program. | 
      
      
        | 
           
			 | 
               (h)  A time credit under Subsection (f) or (g) [this 
         | 
      
      
        | 
           
			 | 
        
          subsection] may not exceed one-fifth of the amount of time the  | 
      
      
        | 
           
			 | 
        defendant is originally required to serve in the facility.  A  | 
      
      
        | 
           
			 | 
        defendant may not be awarded a time credit under Subsection (f) or  | 
      
      
        | 
           
			 | 
        (g) [this subsection] for any period during which the defendant is  | 
      
      
        | 
           
			 | 
        subject to disciplinary status [action].  A time credit under  | 
      
      
        | 
           
			 | 
        Subsection (f) or (g) [this subsection] is a privilege and not a  | 
      
      
        | 
           
			 | 
        right. | 
      
      
        | 
           
			 | 
               (b)  Section 2, Chapter 225 (H.B. 1546), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 15(h),  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
               SECTION 23.021.  (a)  Article 42A.751(e), Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure, is amended to conform to Section 1, Chapter 687 (H.B.  | 
      
      
        | 
           
			 | 
        518), Acts of the 84th Legislature, Regular Session, 2015, to read  | 
      
      
        | 
           
			 | 
        as follows: | 
      
      
        | 
           
			 | 
               (e)  A judge may revoke without a hearing the community  | 
      
      
        | 
           
			 | 
        supervision of a defendant who is imprisoned in a penal institution  | 
      
      
        | 
           
			 | 
        if the defendant in writing before a court of record or a notary  | 
      
      
        | 
           
			 | 
        public in the jurisdiction where the defendant is imprisoned: | 
      
      
        | 
           
			 | 
                     (1)  waives the defendant's right to a hearing and to  | 
      
      
        | 
           
			 | 
        counsel; | 
      
      
        | 
           
			 | 
                     (2)  affirms that the defendant has nothing to say as to  | 
      
      
        | 
           
			 | 
        why sentence should not be pronounced against the defendant; and | 
      
      
        | 
           
			 | 
                     (3)  requests the judge to revoke community supervision  | 
      
      
        | 
           
			 | 
        and to pronounce sentence. | 
      
      
        | 
           
			 | 
               (b)  Section 1, Chapter 687 (H.B. 518), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, which amended Section 21(b-2),  | 
      
      
        | 
           
			 | 
        Article 42.12, Code of Criminal Procedure, is repealed. | 
      
      
        | 
           
			 | 
        ARTICLE 24.  REDESIGNATIONS | 
      
      
        | 
           
			 | 
               SECTION 24.001.  The following provisions of enacted codes  | 
      
      
        | 
           
			 | 
        are redesignated to eliminate duplicate citations: | 
      
      
        | 
           
			 | 
                     (1)  Section 251.725, Alcoholic Beverage Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 241 (S.B. 680), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 251.726, Alcoholic  | 
      
      
        | 
           
			 | 
        Beverage Code. | 
      
      
        | 
           
			 | 
                     (2)  Chapter 506, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Chapter 507, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code, and Section 506.001, Business & Commerce Code, as added by  | 
      
      
        | 
           
			 | 
        that Act, is redesignated as Section 507.001, Business & Commerce  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (3)  Article 2.139, Code of Criminal Procedure, as  | 
      
      
        | 
           
			 | 
        added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature,  | 
      
      
        | 
           
			 | 
        Regular Session, 2015, is redesignated as Article 2.1396, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure. | 
      
      
        | 
           
			 | 
                     (4)  Subdivision (5), Section 2, Article 38.01, Code of  | 
      
      
        | 
           
			 | 
        Criminal Procedure, as added by Chapter 1276 (S.B. 1287), Acts of  | 
      
      
        | 
           
			 | 
        the 84th Legislature, Regular Session, 2015, is redesignated as  | 
      
      
        | 
           
			 | 
        Subdivision (6), Section 2, Article 38.01, Code of Criminal  | 
      
      
        | 
           
			 | 
        Procedure. | 
      
      
        | 
           
			 | 
                     (5)  Section 21.0487, Education Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 755 (H.B. 2014), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 21.0488, Education Code. | 
      
      
        | 
           
			 | 
                     (6)  Subchapter E, Chapter 107, Family Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Subchapter G, Chapter 107, Family  | 
      
      
        | 
           
			 | 
        Code, and Sections 107.061, 107.062, 107.063, 107.064, 107.065,  | 
      
      
        | 
           
			 | 
        107.066, 107.067, 107.068, 107.069, 107.070, 107.071, and 107.072,  | 
      
      
        | 
           
			 | 
        Family Code, as added by that Act, are redesignated as Sections  | 
      
      
        | 
           
			 | 
        107.251, 107.252, 107.253, 107.254, 107.255, 107.256, 107.257,  | 
      
      
        | 
           
			 | 
        107.258, 107.259, 107.260, 107.261, and 107.262, Family Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (7)  Subchapter F, Chapter 107, Family Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Subchapter H, Chapter 107, Family  | 
      
      
        | 
           
			 | 
        Code, and Sections 107.101, 107.102, 107.103, 107.104, 107.105,  | 
      
      
        | 
           
			 | 
        107.106, 107.107, and 107.108, Family Code, as added by that Act,  | 
      
      
        | 
           
			 | 
        are redesignated as Sections 107.301, 107.302, 107.303, 107.304,  | 
      
      
        | 
           
			 | 
        107.305, 107.306, 107.307, and 107.308, Family Code, respectively. | 
      
      
        | 
           
			 | 
                     (8)  Section 262.011, Family Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        455 (H.B. 331), Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is redesignated as Section 262.012, Family Code. | 
      
      
        | 
           
			 | 
                     (9)  Subchapter C, Chapter 265, Family Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Subchapter D, Chapter 265, Family  | 
      
      
        | 
           
			 | 
        Code, and Sections 265.101, 265.102, 265.103, 265.104, and 265.105,  | 
      
      
        | 
           
			 | 
        Family Code, as added by that Act, are redesignated as Sections  | 
      
      
        | 
           
			 | 
        265.151, 265.152, 265.153, 265.154, and 265.155, Family Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (10)  Chapter 36, Government Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        935 (H.B. 2398), Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is redesignated as Chapter 38, Government Code, and Sections  | 
      
      
        | 
           
			 | 
        36.001, 36.002, and 36.003, Government Code, as added by that Act,  | 
      
      
        | 
           
			 | 
        are redesignated as Sections 38.001, 38.002, and 38.003, Government  | 
      
      
        | 
           
			 | 
        Code, respectively. | 
      
      
        | 
           
			 | 
                     (11)  Section 402.038, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 105 (H.B. 3327), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 402.039, Government Code. | 
      
      
        | 
           
			 | 
                     (12)  Section 411.0208, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1221 (S.B. 1853), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 411.02095, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (13)  Section 442.030, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 445 (H.B. 3868), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 442.031, Government Code. | 
      
      
        | 
           
			 | 
                     (14)  Section 442.030, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 556 (H.B. 2332), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 442.032, Government Code. | 
      
      
        | 
           
			 | 
                     (15)  Section 501.068, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 406 (H.B. 2189), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 501.069, Government Code. | 
      
      
        | 
           
			 | 
                     (16)  Section 531.00553, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1209 (S.B. 1540), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 531.00554, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (17)  Subsection (q), Section 531.102, Government  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 945 (S.B. 207), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (x), Section 531.102, Government Code. | 
      
      
        | 
           
			 | 
                     (18)  Section 533.0061, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 533.0065, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (19)  Section 656.002, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 111 (S.B. 389), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 656.003, Government Code. | 
      
      
        | 
           
			 | 
                     (20)  Section 662.061, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 272 (H.B. 369), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 662.063, Government Code. | 
      
      
        | 
           
			 | 
                     (21)  Section 662.061, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 503 (H.B. 194), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 662.064, Government Code. | 
      
      
        | 
           
			 | 
                     (22)  Section 662.155, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 686 (H.B. 504), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 662.156, Government Code. | 
      
      
        | 
           
			 | 
                     (23)  Section 2054.134, Government Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 965 (S.B. 1877), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 2054.135, Government  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (24)  Subsection (d-1), Section 2306.185, Government  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 817 (H.B. 3576), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (d-5), Section 2306.185, Government Code. | 
      
      
        | 
           
			 | 
                     (25)  Subsection (g), Section 81.046, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 789 (H.B. 2646), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (h), Section 81.046, Health and Safety Code. | 
      
      
        | 
           
			 | 
                     (26)  Section 105.009, Health and Safety Code, as added  | 
      
      
        | 
           
			 | 
        by Chapter 1088 (H.B. 2696), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 105.010, Health and  | 
      
      
        | 
           
			 | 
        Safety Code. | 
      
      
        | 
           
			 | 
                     (27)  Chapter 118, Health and Safety Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1123 (H.B. 3781), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Chapter 119, Health and Safety  | 
      
      
        | 
           
			 | 
        Code, and Sections 118.001, 118.051, 118.052, 118.053, 118.054,  | 
      
      
        | 
           
			 | 
        118.055, 118.056, 118.101, 118.102, 118.103, 118.104, 118.105,  | 
      
      
        | 
           
			 | 
        118.106, and 118.107, Health and Safety Code, as added by that Act,  | 
      
      
        | 
           
			 | 
        are redesignated as Sections 119.001, 119.051, 119.052, 119.053,  | 
      
      
        | 
           
			 | 
        119.054, 119.055, 119.056, 119.101, 119.102, 119.103, 119.104,  | 
      
      
        | 
           
			 | 
        119.105, 119.106, and 119.107, Health and Safety Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (28)  Subsection (d), Section 712.0444, Health and  | 
      
      
        | 
           
			 | 
        Safety Code, as added by Chapter 19 (S.B. 656), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (e), Section 712.0444, Health and Safety Code. | 
      
      
        | 
           
			 | 
                     (29)  Section 161.088, Human Resources Code, as added  | 
      
      
        | 
           
			 | 
        by Chapters 826 (H.B. 4001) and 1200 (S.B. 1385), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Section  | 
      
      
        | 
           
			 | 
        161.089, Human Resources Code. | 
      
      
        | 
           
			 | 
                     (30)  Section 55.009, Occupations Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1193 (S.B. 1307), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 55.010, Occupations Code. | 
      
      
        | 
           
			 | 
                     (31)  Subsection (l), Section 1701.253, Occupations  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 642 (S.B. 1987), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (m), Section 1701.253, Occupations Code. | 
      
      
        | 
           
			 | 
                     (32)  Sections 1701.261 and 1701.262, Occupations  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 725 (H.B. 1338), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, are redesignated as Sections  | 
      
      
        | 
           
			 | 
        1701.264 and 1701.265, Occupations Code, respectively. | 
      
      
        | 
           
			 | 
                     (33)  Section 1701.262, Occupations Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1056 (H.B. 2053), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 1701.266, Occupations  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (34)  Subchapter M, Chapter 11, Parks and Wildlife  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 1181 (S.B. 1132), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subchapter  | 
      
      
        | 
           
			 | 
        N, Chapter 11, Parks and Wildlife Code, and Section 11.351, Parks  | 
      
      
        | 
           
			 | 
        and Wildlife Code, as added by that Act, is redesignated as Section  | 
      
      
        | 
           
			 | 
        11.401, Parks and Wildlife Code. | 
      
      
        | 
           
			 | 
                     (35)  Section 21.16, Penal Code, as added by Chapter  | 
      
      
        | 
           
			 | 
        676 (H.B. 207), Acts of the 84th Legislature, Regular Session,  | 
      
      
        | 
           
			 | 
        2015, is redesignated as Section 21.17, Penal Code. | 
      
      
        | 
           
			 | 
                     (36)  Section 225.102, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 16 (S.B. 489), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.110, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (37)  Section 225.102, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 276 (H.B. 598), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.111, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (38)  Section 225.102, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 316 (H.B. 1187), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.112, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (39)  Section 225.102, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 714 (H.B. 1237), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.113, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (40)  Section 225.102, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.114, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (41)  Section 225.103, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 296 (H.B. 2181), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.115, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (42)  Section 225.103, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 349 (H.B. 1044), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.116, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (43)  Section 225.103, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 458 (H.B. 481), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.117, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (44)  Section 225.103, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.118, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (45)  Section 225.105, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 13 (S.B. 227), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.119, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (46)  Section 225.105, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 271 (H.B. 219), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.120, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (47)  Section 225.106, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 35 (S.B. 288), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.108, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (48)  Section 225.106, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 506 (H.B. 663), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.121, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (49)  Section 225.106, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 566 (H.B. 2540), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 225.122, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (50)  Section 502.004, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 67 (S.B. 449), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 502.005, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (51)  Subsections (j) and (k), Section 504.315,  | 
      
      
        | 
           
			 | 
        Transportation Code, as added by Chapter 34 (S.B. 193), Acts of the  | 
      
      
        | 
           
			 | 
        84th Legislature, Regular Session, 2015, are redesignated as  | 
      
      
        | 
           
			 | 
        Subsections (n) and (o), Section 504.315, Transportation Code,  | 
      
      
        | 
           
			 | 
        respectively. | 
      
      
        | 
           
			 | 
                     (52)  Subsection (j), Section 504.315, Transportation  | 
      
      
        | 
           
			 | 
        Code, as added by Chapter 716 (H.B. 1273), Acts of the 84th  | 
      
      
        | 
           
			 | 
        Legislature, Regular Session, 2015, is redesignated as Subsection  | 
      
      
        | 
           
			 | 
        (p), Section 504.315, Transportation Code. | 
      
      
        | 
           
			 | 
                     (53)  Section 504.320, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 335 (H.B. 127), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 504.321, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (54)  Section 504.320, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 1012 (H.B. 923), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 504.322, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (55)  Section 504.649, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 942 (H.B. 4099), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 504.666, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (56)  Section 504.665, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 41 (S.B. 742), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 504.667, Transportation  | 
      
      
        | 
           
			 | 
        Code. | 
      
      
        | 
           
			 | 
                     (57)  Section 504.665, Transportation Code, as added by  | 
      
      
        | 
           
			 | 
        Chapter 454 (H.B. 315), Acts of the 84th Legislature, Regular  | 
      
      
        | 
           
			 | 
        Session, 2015, is redesignated as Section 504.668, Transportation  | 
      
      
        | 
           
			 | 
        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 251.72, Alcoholic Beverage Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 251.72.  CHANGE OF STATUS.  Except as provided in  | 
      
      
        | 
           
			 | 
        Sections 251.725, 251.726, 251.73, and 251.80, an authorized voting  | 
      
      
        | 
           
			 | 
        unit that has exercised or may exercise the right of local option  | 
      
      
        | 
           
			 | 
        retains the status adopted, whether absolute prohibition or  | 
      
      
        | 
           
			 | 
        legalization of the sale of alcoholic beverages of one or more of  | 
      
      
        | 
           
			 | 
        the various types and alcoholic contents on which an issue may be  | 
      
      
        | 
           
			 | 
        submitted under the terms of Section 501.035, Election Code, until  | 
      
      
        | 
           
			 | 
        that status is changed by a subsequent local option election in the  | 
      
      
        | 
           
			 | 
        same authorized voting unit. | 
      
      
        | 
           
			 | 
                     (2)  Subsections (a) and (d), Section 107.256, Family  | 
      
      
        | 
           
			 | 
        Code, as redesignated from Subsections (a) and (d), Section  | 
      
      
        | 
           
			 | 
        107.066, Family Code, by Section 24.001 of this Act, are amended to  | 
      
      
        | 
           
			 | 
        read as follows: | 
      
      
        | 
           
			 | 
               (a)  An office described by Section 107.254 [107.064] or  | 
      
      
        | 
           
			 | 
        107.255 [107.065] may be a governmental entity or a nonprofit  | 
      
      
        | 
           
			 | 
        corporation operating under a written agreement with a governmental  | 
      
      
        | 
           
			 | 
        entity, other than an individual judge or court. | 
      
      
        | 
           
			 | 
               (d)  In creating an office of child representation or office  | 
      
      
        | 
           
			 | 
        of parent representation under this section, the commissioners  | 
      
      
        | 
           
			 | 
        court shall specify or the commissioners courts shall jointly  | 
      
      
        | 
           
			 | 
        specify, as applicable: | 
      
      
        | 
           
			 | 
                     (1)  the duties of the office; | 
      
      
        | 
           
			 | 
                     (2)  the types of cases to which the office may be  | 
      
      
        | 
           
			 | 
        appointed under this chapter and the courts in which an attorney  | 
      
      
        | 
           
			 | 
        employed by the office may be required to appear; | 
      
      
        | 
           
			 | 
                     (3)  if the office is a nonprofit corporation, the term  | 
      
      
        | 
           
			 | 
        during which the contract designating the office is effective and  | 
      
      
        | 
           
			 | 
        how that contract may be renewed on expiration of the term; and | 
      
      
        | 
           
			 | 
                     (4)  if an oversight board is established under Section  | 
      
      
        | 
           
			 | 
        107.262 [107.072] for the office, the powers and duties that have  | 
      
      
        | 
           
			 | 
        been delegated to the oversight board. | 
      
      
        | 
           
			 | 
                     (3)  Subsection (a), Section 107.305, Family Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Subsection (a), Section 107.105, Family Code, by  | 
      
      
        | 
           
			 | 
        Section 24.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  Unless a program uses a review committee appointed under  | 
      
      
        | 
           
			 | 
        Section 107.306 [107.106], a program under this subchapter must be  | 
      
      
        | 
           
			 | 
        directed by a person who: | 
      
      
        | 
           
			 | 
                     (1)  is a member of the State Bar of Texas; | 
      
      
        | 
           
			 | 
                     (2)  has practiced law for at least three years; and | 
      
      
        | 
           
			 | 
                     (3)  has substantial experience in the practice of  | 
      
      
        | 
           
			 | 
        child welfare law. | 
      
      
        | 
           
			 | 
                     (4)  Subsection (b), Section 107.306, Family Code, as  | 
      
      
        | 
           
			 | 
        redesignated from Subsection (b), Section 107.106, Family Code, by  | 
      
      
        | 
           
			 | 
        Section 24.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  Each member of the committee: | 
      
      
        | 
           
			 | 
                     (1)  must meet the requirements described by Section  | 
      
      
        | 
           
			 | 
        107.305(a) [107.105(a)] for the program director; | 
      
      
        | 
           
			 | 
                     (2)  may not be employed as a prosecutor; and | 
      
      
        | 
           
			 | 
                     (3)  may not be included on or apply for inclusion on  | 
      
      
        | 
           
			 | 
        the public appointment list. | 
      
      
        | 
           
			 | 
                     (5)  Subsection (b), Section 261.3025, Family Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  The report must include the following information for  | 
      
      
        | 
           
			 | 
        the preceding calendar year: | 
      
      
        | 
           
			 | 
                     (1)  the number of law enforcement officers who  | 
      
      
        | 
           
			 | 
        completed the training program established under Section 1701.266  | 
      
      
        | 
           
			 | 
        [1701.262], Occupations Code; | 
      
      
        | 
           
			 | 
                     (2)  the number of children who have been placed on the  | 
      
      
        | 
           
			 | 
        child safety check alert list and the number of those children who  | 
      
      
        | 
           
			 | 
        have been located; and | 
      
      
        | 
           
			 | 
                     (3)  the number of families who have been placed on the  | 
      
      
        | 
           
			 | 
        child safety check alert list and the number of those families who  | 
      
      
        | 
           
			 | 
        have been located. | 
      
      
        | 
           
			 | 
                     (6)  Subsection (d), Section 264.201, Family Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (d)  The services may include in-home programs, parenting  | 
      
      
        | 
           
			 | 
        skills training, youth coping skills, and individual and family  | 
      
      
        | 
           
			 | 
        counseling.  If the department requires or a court orders parenting  | 
      
      
        | 
           
			 | 
        skills training services through a parenting education program, the  | 
      
      
        | 
           
			 | 
        program must be an evidence-based or promising practice parenting  | 
      
      
        | 
           
			 | 
        education program described by Section 265.151 [265.101] that is  | 
      
      
        | 
           
			 | 
        provided in the community in which the family resides, if  | 
      
      
        | 
           
			 | 
        available. | 
      
      
        | 
           
			 | 
                     (7)  Subsection (a-1), Section 265.004, Family Code, is  | 
      
      
        | 
           
			 | 
        amended to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  The department shall ensure that not less than 75  | 
      
      
        | 
           
			 | 
        percent of the money appropriated for parenting education programs  | 
      
      
        | 
           
			 | 
        under Subsection (a) funds evidence-based programs described by  | 
      
      
        | 
           
			 | 
        Section 265.151(b) [265.101(b)] and that the remainder of that  | 
      
      
        | 
           
			 | 
        money funds promising practice programs described by Section  | 
      
      
        | 
           
			 | 
        265.151(c) [265.101(c)]. | 
      
      
        | 
           
			 | 
                     (8)  Subsection (a), Section 38.003, Government Code,  | 
      
      
        | 
           
			 | 
        as redesignated from Subsection (a), Section 36.003, Government  | 
      
      
        | 
           
			 | 
        Code, by Section 24.001 of this Act, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a)  The judge of a county, justice, or municipal court, in  | 
      
      
        | 
           
			 | 
        accordance with Section 38.002 [36.002], may award money from a  | 
      
      
        | 
           
			 | 
        judicial donation trust fund established under Section 38.001  | 
      
      
        | 
           
			 | 
        [36.001] to eligible children or families who appear before the  | 
      
      
        | 
           
			 | 
        court for a truancy or curfew violation or in another misdemeanor  | 
      
      
        | 
           
			 | 
        offense proceeding before the court. | 
      
      
        | 
           
			 | 
                     (9)  Subsection (b), Section 656.023, Government Code,  | 
      
      
        | 
           
			 | 
        is amended to read as follows: | 
      
      
        | 
           
			 | 
               (b)  A form prescribed by the commission under Subsection (a)  | 
      
      
        | 
           
			 | 
        must include a space for a state agency to list a military  | 
      
      
        | 
           
			 | 
        occupational specialty code as provided by Section 656.003  | 
      
      
        | 
           
			 | 
        [656.002]. | 
      
      
        | 
           
			 | 
                     (10)  Subsection (e), Section 2306.185, Government  | 
      
      
        | 
           
			 | 
        Code, as amended by Chapters 643 (S.B. 1989) and 817 (H.B. 3576),  | 
      
      
        | 
           
			 | 
        Acts of the 84th Legislature, Regular Session, 2015,  is reenacted  | 
      
      
        | 
           
			 | 
        and amended to read as follows: | 
      
      
        | 
           
			 | 
               (e)  Subsections (c), (d), (d-1), (d-2), (d-3), [and] (d-4),  | 
      
      
        | 
           
			 | 
        and (d-5) and Section 2306.269 apply only to multifamily rental  | 
      
      
        | 
           
			 | 
        housing developments to which the department is providing one or  | 
      
      
        | 
           
			 | 
        more of the following forms of assistance: | 
      
      
        | 
           
			 | 
                     (1)  a loan or grant in an amount greater than 33  | 
      
      
        | 
           
			 | 
        percent of the market value of the development on the date the  | 
      
      
        | 
           
			 | 
        recipient completed the construction of the development; | 
      
      
        | 
           
			 | 
                     (2)  a loan guarantee for a loan in an amount greater  | 
      
      
        | 
           
			 | 
        than 33 percent of the market value of the development on the date  | 
      
      
        | 
           
			 | 
        the recipient took legal title to the development; or | 
      
      
        | 
           
			 | 
                     (3)  a low income housing tax credit. | 
      
      
        | 
           
			 | 
                     (11)  Section 81.032, Local Government Code, is amended  | 
      
      
        | 
           
			 | 
        to read as follows: | 
      
      
        | 
           
			 | 
               Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS.  The  | 
      
      
        | 
           
			 | 
        commissioners court may accept a gift, grant, donation, bequest, or  | 
      
      
        | 
           
			 | 
        devise of money or other property on behalf of the county, including  | 
      
      
        | 
           
			 | 
        a donation under Chapter 38 [36], Government Code, for the purpose  | 
      
      
        | 
           
			 | 
        of performing a function conferred by law on the county or a county  | 
      
      
        | 
           
			 | 
        officer. | 
      
      
        | 
           
			 | 
                     (12)  Subsection (m), Section 1701.402, Occupations  | 
      
      
        | 
           
			 | 
        Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (m)  As a requirement for an intermediate or advanced  | 
      
      
        | 
           
			 | 
        proficiency certificate issued by the commission on or after  | 
      
      
        | 
           
			 | 
        January 1, 2016, an officer must complete an education and training  | 
      
      
        | 
           
			 | 
        program on the Texas Crime Information Center's child safety check  | 
      
      
        | 
           
			 | 
        alert list established by the commission under Section 1701.266  | 
      
      
        | 
           
			 | 
        [1701.262]. | 
      
      
        | 
           
			 | 
                     (13)  Subsection (a-1), Section 504.009,  | 
      
      
        | 
           
			 | 
        Transportation Code, is amended to read as follows: | 
      
      
        | 
           
			 | 
               (a-1)  On request, the Texas Military Department, as defined  | 
      
      
        | 
           
			 | 
        by Section 437.001, Government Code, shall issue a souvenir version  | 
      
      
        | 
           
			 | 
        of the specialty license plate described by Section 504.322  | 
      
      
        | 
           
			 | 
        [504.320]. | 
      
      
        | 
           
			 | 
        ARTICLE 25.  EFFECTIVE DATE | 
      
      
        | 
           
			 | 
               SECTION 25.001.  This Act takes effect September 1, 2017. |