|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to nonsubstantive additions to and corrections in enacted | 
      
        |  | codes, to the nonsubstantive codification or disposition of various | 
      
        |  | laws omitted from enacted codes, and to conforming codifications | 
      
        |  | enacted by the 82nd Legislature to other Acts of that legislature. | 
      
        |  | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | 
      
        |  | ARTICLE 1.  GENERAL PROVISIONS | 
      
        |  | SECTION 1.001.  This Act is enacted as part of the state's | 
      
        |  | continuing statutory revision program under Chapter 323, | 
      
        |  | Government Code.  This Act is a revision for purposes of Section 43, | 
      
        |  | Article III, Texas Constitution, and has the purposes of: | 
      
        |  | (1)  codifying without substantive change or providing | 
      
        |  | for other appropriate disposition of various statutes that were | 
      
        |  | omitted from enacted codes; | 
      
        |  | (2)  conforming codifications enacted by the 82nd | 
      
        |  | Legislature to other Acts of that legislature that amended the laws | 
      
        |  | codified or added new law to subject matter codified; | 
      
        |  | (3)  making necessary corrections to enacted | 
      
        |  | codifications; and | 
      
        |  | (4)  renumbering or otherwise redesignating titles, | 
      
        |  | chapters, and sections of codes that duplicate title, chapter, or | 
      
        |  | section designations. | 
      
        |  | SECTION 1.002.  (a)  The repeal of a statute by this Act does | 
      
        |  | not affect an amendment, revision, or reenactment of the statute by | 
      
        |  | the 83rd Legislature, Regular Session, 2013.  The amendment, | 
      
        |  | revision, or reenactment is preserved and given effect as part of | 
      
        |  | the code provision that revised the statute so amended, revised, or | 
      
        |  | reenacted. | 
      
        |  | (b)  If any provision of this Act conflicts with a statute | 
      
        |  | enacted by the 83rd Legislature, Regular Session, 2013, the statute | 
      
        |  | controls. | 
      
        |  | SECTION 1.003.  (a)  A transition or saving provision of a | 
      
        |  | law codified by this Act applies to the codified law to the same | 
      
        |  | extent as it applied to the original law. | 
      
        |  | (b)  The repeal of a transition or saving provision by this | 
      
        |  | Act does not affect the application of the provision to the codified | 
      
        |  | law. | 
      
        |  | (c)  In this section, "transition provision" includes any | 
      
        |  | temporary provision providing for a special situation in the | 
      
        |  | transition period between the existing law and the establishment or | 
      
        |  | implementation of the new law. | 
      
        |  | ARTICLE 2.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | 
      
        |  | SECTION 2.001.  The heading to Chapter 83, Civil Practice | 
      
        |  | and Remedies Code, is amended to read as follows: | 
      
        |  | CHAPTER 83.  USE OF FORCE OR DEADLY FORCE [ IN DEFENSE OF PERSON] | 
      
        |  | ARTICLE 3.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
        |  | SECTION 3.001.  Article 2.122(a), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 1223 (S.B. 530) and 1319 (S.B. | 
      
        |  | 150), Acts of the 82nd Legislature, Regular Session, 2011, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (a)  The following named criminal investigators of the | 
      
        |  | United States shall not be deemed peace officers, but shall have the | 
      
        |  | powers of arrest, search, and seizure under the laws of this state | 
      
        |  | as to felony offenses only: | 
      
        |  | (1)  Special Agents of the Federal Bureau of | 
      
        |  | Investigation; | 
      
        |  | (2)  Special Agents of the Secret Service; | 
      
        |  | (3)  Special Agents of the United States Immigration | 
      
        |  | and Customs Enforcement; | 
      
        |  | (4)  Special Agents of the Bureau of Alcohol, Tobacco, | 
      
        |  | Firearms and Explosives; | 
      
        |  | (5)  Special Agents of the United States Drug | 
      
        |  | Enforcement Administration; | 
      
        |  | (6)  Inspectors of the United States Postal Inspection | 
      
        |  | Service; | 
      
        |  | (7)  Special Agents of the Criminal Investigation | 
      
        |  | Division of the Internal Revenue Service; | 
      
        |  | (8)  Civilian Special Agents of the United States Naval | 
      
        |  | Criminal Investigative Service; | 
      
        |  | (9)  Marshals and Deputy Marshals of the United States | 
      
        |  | Marshals Service; | 
      
        |  | (10)  Special Agents of the United States Department of | 
      
        |  | State, Bureau of Diplomatic Security; | 
      
        |  | (11)  Special Agents of the Treasury Inspector General | 
      
        |  | for Tax Administration; [ and] | 
      
        |  | (12)  Special Agents of the Office of Inspector General | 
      
        |  | of the United States Social Security Administration; and | 
      
        |  | (13) [ (12)]  Special Agents of the Office of Inspector | 
      
        |  | General of the United States Department of Veterans Affairs. | 
      
        |  | SECTION 3.002.  The heading to Chapter 7A, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | CHAPTER 7A.  PROTECTIVE ORDER FOR CERTAIN VICTIMS OF TRAFFICKING, | 
      
        |  | [ OR] SEXUAL ASSAULT, OR STALKING | 
      
        |  | SECTION 3.003.  Article 12.01, Code of Criminal Procedure, | 
      
        |  | as amended by Chapters 1 (S.B. 24), 122 (H.B. 3000), 222 (H.B. 253), | 
      
        |  | and 620 (S.B. 688), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, is reenacted and amended to read as follows: | 
      
        |  | Art. 12.01.  FELONIES.  Except as provided in Article 12.03, | 
      
        |  | felony indictments may be presented within these limits, and not | 
      
        |  | afterward: | 
      
        |  | (1)  no limitation: | 
      
        |  | (A)  murder and manslaughter; | 
      
        |  | (B)  sexual assault under Section 22.011(a)(2), | 
      
        |  | Penal Code, or aggravated sexual assault under Section | 
      
        |  | 22.021(a)(1)(B), Penal Code; | 
      
        |  | (C)  sexual assault, if during the investigation | 
      
        |  | of the offense biological matter is collected and subjected to | 
      
        |  | forensic DNA testing and the testing results show that the matter | 
      
        |  | does not match the victim or any other person whose identity is | 
      
        |  | readily ascertained; | 
      
        |  | (D)  continuous sexual abuse of young child or | 
      
        |  | children under Section 21.02, Penal Code; | 
      
        |  | (E)  indecency with a child under Section 21.11, | 
      
        |  | Penal Code; | 
      
        |  | (F)  an offense involving leaving the scene of an | 
      
        |  | accident under Section 550.021, Transportation Code, if the | 
      
        |  | accident resulted in the death of a person; [ or] | 
      
        |  | (G)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(7) or (8), Penal Code; or | 
      
        |  | (H) [ (G)]  continuous trafficking of persons | 
      
        |  | under Section 20A.03, Penal Code; | 
      
        |  | (2)  ten years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  theft of any estate, real, personal or mixed, | 
      
        |  | by an executor, administrator, guardian or trustee, with intent to | 
      
        |  | defraud any creditor, heir, legatee, ward, distributee, | 
      
        |  | beneficiary or settlor of a trust interested in such estate; | 
      
        |  | (B)  theft by a public servant of government | 
      
        |  | property over which he exercises control in his official capacity; | 
      
        |  | (C)  forgery or the uttering, using or passing of | 
      
        |  | forged instruments; | 
      
        |  | (D)  injury to an elderly or disabled individual | 
      
        |  | punishable as a felony of the first degree under Section 22.04, | 
      
        |  | Penal Code; | 
      
        |  | (E)  sexual assault, except as provided by | 
      
        |  | Subdivision (1); | 
      
        |  | (F)  arson; | 
      
        |  | (G)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(1), (2), (3), or (4), Penal Code; or | 
      
        |  | (H)  compelling prostitution under Section | 
      
        |  | 43.05(a)(1), Penal Code; | 
      
        |  | (3)  seven years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  misapplication of fiduciary property or | 
      
        |  | property of a financial institution; | 
      
        |  | (B)  securing execution of document by deception; | 
      
        |  | (C)  a felony violation under Chapter 162, Tax | 
      
        |  | Code; | 
      
        |  | (D)  false statement to obtain property or credit | 
      
        |  | under Section 32.32, Penal Code; | 
      
        |  | (E)  money laundering; | 
      
        |  | (F)  credit card or debit card abuse under Section | 
      
        |  | 32.31, Penal Code; | 
      
        |  | (G)  fraudulent use or possession of identifying | 
      
        |  | information under Section 32.51, Penal Code; [ or] | 
      
        |  | (H)  Medicaid fraud under Section 35A.02, Penal | 
      
        |  | Code; or | 
      
        |  | (I) [ (H)]  bigamy under Section 25.01, Penal | 
      
        |  | Code, except as provided by Subdivision (6); | 
      
        |  | (4)  five years from the date of the commission of the | 
      
        |  | offense: | 
      
        |  | (A)  theft or robbery; | 
      
        |  | (B)  except as provided by Subdivision (5), | 
      
        |  | kidnapping or burglary; | 
      
        |  | (C)  injury to an elderly or disabled individual | 
      
        |  | that is not punishable as a felony of the first degree under Section | 
      
        |  | 22.04, Penal Code; | 
      
        |  | (D)  abandoning or endangering a child; or | 
      
        |  | (E)  insurance fraud; | 
      
        |  | (5)  if the investigation of the offense shows that the | 
      
        |  | victim is younger than 17 years of age at the time the offense is | 
      
        |  | committed, 20 years from the 18th birthday of the victim of one of | 
      
        |  | the following offenses: | 
      
        |  | (A)  sexual performance by a child under Section | 
      
        |  | 43.25, Penal Code; | 
      
        |  | (B)  aggravated kidnapping under Section | 
      
        |  | 20.04(a)(4), Penal Code, if the defendant committed the offense | 
      
        |  | with the intent to violate or abuse the victim sexually; or | 
      
        |  | (C)  burglary under Section 30.02, Penal Code, if | 
      
        |  | the offense is punishable under Subsection (d) of that section and | 
      
        |  | the defendant committed the offense with the intent to commit an | 
      
        |  | offense described by Subdivision (1)(B) or (D) of this article or | 
      
        |  | Paragraph (B) of this subdivision; | 
      
        |  | (6)  ten years from the 18th birthday of the victim of | 
      
        |  | the offense: | 
      
        |  | (A)  trafficking of persons under Section | 
      
        |  | 20A.02(a)(5) or (6), Penal Code; | 
      
        |  | (B)  injury to a child under Section 22.04, Penal | 
      
        |  | Code; [ or] | 
      
        |  | (C)  compelling prostitution under Section | 
      
        |  | 43.05(a)(2), Penal Code; or | 
      
        |  | (D)  [ (B)]  bigamy under Section 25.01, Penal | 
      
        |  | Code, if the investigation of the offense shows that the person, | 
      
        |  | other than the legal spouse of the defendant, whom the defendant | 
      
        |  | marries or purports to marry or with whom the defendant lives under | 
      
        |  | the appearance of being married is younger than 18 years of age at | 
      
        |  | the time the offense is committed; or | 
      
        |  | (7)  three years from the date of the commission of the | 
      
        |  | offense:  all other felonies. | 
      
        |  | SECTION 3.004.  Article 13.12, Code of Criminal Procedure, | 
      
        |  | as amended by Chapters 1 (S.B. 24) and 223 (H.B. 260), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Art. 13.12.  TRAFFICKING OF PERSONS, FALSE IMPRISONMENT, | 
      
        |  | KIDNAPPING, AND SMUGGLING OF PERSONS.  Venue for trafficking of | 
      
        |  | persons, false imprisonment, kidnapping, and smuggling of persons | 
      
        |  | is in: | 
      
        |  | (1)  the county in which the offense was committed; or | 
      
        |  | (2)  any county through, into, or out of which the | 
      
        |  | person trafficked, falsely imprisoned, kidnapped, or transported | 
      
        |  | may have been taken. | 
      
        |  | SECTION 3.005.  Article 20.151(c), Code of Criminal | 
      
        |  | Procedure, as added by Chapters 1031 (H.B. 2847) and 1341 (S.B. | 
      
        |  | 1233), Acts of the 82nd Legislature, Regular Session, 2011, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (c)  Testimony received from a peace officer under this | 
      
        |  | article shall be recorded in the same manner as other testimony | 
      
        |  | taken before the grand jury and shall be preserved. | 
      
        |  | SECTION 3.006.  Article 38.31(g)(2), Code of Criminal | 
      
        |  | Procedure, is amended to correct a reference to read as follows: | 
      
        |  | (2)  "Qualified interpreter" means an interpreter for | 
      
        |  | the deaf who holds a current legal certificate issued by the | 
      
        |  | National Registry of Interpreters for the Deaf or a current court | 
      
        |  | interpreter certificate issued by the Board for Evaluation of | 
      
        |  | Interpreters at the Department of Assistive and [ or] Rehabilitative | 
      
        |  | Services. | 
      
        |  | SECTION 3.007.  Section 21(e), Article 42.12, Code of | 
      
        |  | Criminal Procedure, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (e)  A court retains jurisdiction to hold a hearing under | 
      
        |  | Subsection (b-2) [ (b)] and to revoke, continue, or modify community | 
      
        |  | supervision, regardless of whether the period of community | 
      
        |  | supervision imposed on the defendant has expired, if before the | 
      
        |  | expiration the attorney representing the state files a motion to | 
      
        |  | revoke, continue, or modify community supervision and a capias is | 
      
        |  | issued for the arrest of the defendant. | 
      
        |  | SECTION 3.008.  Section 24, Article 42.12, Code of Criminal | 
      
        |  | Procedure, is amended to correct a reference to read as follows: | 
      
        |  | Sec. 24.  DUE DILIGENCE DEFENSE.  For the purposes of a | 
      
        |  | hearing under Section 5(b) or 21(b-2) [ 21(b)], it is an affirmative | 
      
        |  | defense to revocation for an alleged failure to report to a | 
      
        |  | supervision officer as directed or to remain within a specified | 
      
        |  | place that a supervision officer, peace officer, or other officer | 
      
        |  | with the power of arrest under a warrant issued by a judge for that | 
      
        |  | alleged violation failed to contact or attempt to contact the | 
      
        |  | defendant in person at the defendant's last known residence address | 
      
        |  | or last known employment address, as reflected in the files of the | 
      
        |  | department serving the county in which the order of community | 
      
        |  | supervision was entered. | 
      
        |  | SECTION 3.009.  Article 45.0511(p), Code of Criminal | 
      
        |  | Procedure, is amended to correct a reference to read as follows: | 
      
        |  | (p)  The court shall advise a defendant charged with a | 
      
        |  | misdemeanor under Section 472.022, Transportation Code, Subtitle | 
      
        |  | C, Title 7, Transportation Code, or Section 729.001(a)(3), | 
      
        |  | Transportation Code, committed while operating a motor vehicle of | 
      
        |  | the defendant's right under this article to successfully complete a | 
      
        |  | driving safety course or, if the offense was committed while | 
      
        |  | operating a motorcycle, a motorcycle operator training course.  The | 
      
        |  | right to complete a course does not apply to a defendant charged | 
      
        |  | with: | 
      
        |  | (1)  a violation of Section 545.066, 550.022, or | 
      
        |  | 550.023, Transportation Code; | 
      
        |  | (2)  a serious traffic violation; or | 
      
        |  | (3)  an offense to which Section 542.404 [ or  | 
      
        |  | 729.004(b)], Transportation Code, applies. | 
      
        |  | SECTION 3.010.  (a)  The heading to Article 46B.0095, Code | 
      
        |  | of Criminal Procedure, as amended by Chapters 718 (H.B. 748) and 822 | 
      
        |  | (H.B. 2725), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | is reenacted to read as follows: | 
      
        |  | Art. 46B.0095.  MAXIMUM PERIOD OF COMMITMENT OR OUTPATIENT | 
      
        |  | TREATMENT PROGRAM PARTICIPATION DETERMINED BY MAXIMUM TERM FOR | 
      
        |  | OFFENSE. | 
      
        |  | (b)  Article 46B.0095(a), Code of Criminal Procedure, as | 
      
        |  | amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  A defendant may not, under Subchapter D or E or any other | 
      
        |  | provision of this chapter, be committed to a mental hospital or | 
      
        |  | other inpatient or residential facility, ordered to participate in | 
      
        |  | an outpatient treatment program, or subjected to both inpatient and | 
      
        |  | outpatient treatment for a cumulative period that exceeds the | 
      
        |  | maximum term provided by law for the offense for which the defendant | 
      
        |  | was to be tried, except that if the defendant is charged with a | 
      
        |  | misdemeanor and has been ordered only to participate in an | 
      
        |  | outpatient treatment program under Subchapter D or E, the maximum | 
      
        |  | period of restoration is two years. | 
      
        |  | (c)  Article 46B.0095(b), Code of Criminal Procedure, as | 
      
        |  | amended by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (b)  On expiration of the maximum restoration period under | 
      
        |  | Subsection (a), the mental hospital or other inpatient or | 
      
        |  | residential facility or outpatient treatment program provider | 
      
        |  | identified in the most recent order of commitment or order of | 
      
        |  | outpatient treatment program participation under this chapter | 
      
        |  | shall assess the defendant to determine if civil proceedings under | 
      
        |  | Subtitle C or D, Title 7, Health and Safety Code, are | 
      
        |  | appropriate.  The defendant may be confined for an additional | 
      
        |  | period in a mental hospital or other inpatient or residential | 
      
        |  | facility or ordered to participate for an additional period in an | 
      
        |  | outpatient treatment program, as appropriate, only pursuant to | 
      
        |  | civil proceedings conducted under Subtitle C or D, Title 7, Health | 
      
        |  | and Safety Code, by a court with probate jurisdiction. | 
      
        |  | (d)  Article 46B.0095(c), Code of Criminal Procedure, as | 
      
        |  | added by Chapters 718 (H.B. 748) and 822 (H.B. 2725), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (c)  The cumulative period described by Subsection (a): | 
      
        |  | (1)  begins on the date the initial order of commitment | 
      
        |  | or initial order for outpatient treatment program participation is | 
      
        |  | entered under this chapter; and | 
      
        |  | (2)  in addition to any inpatient or outpatient | 
      
        |  | treatment periods described by Subsection (a), includes any time | 
      
        |  | that, following the entry of an order described by Subdivision (1), | 
      
        |  | the defendant is confined in a correctional facility, as defined by | 
      
        |  | Section 1.07, Penal Code, or is otherwise in the custody of the | 
      
        |  | sheriff during or while awaiting, as applicable: | 
      
        |  | (A)  the defendant's transfer to a mental hospital | 
      
        |  | or other inpatient or residential facility; | 
      
        |  | (B)  the defendant's release on bail to | 
      
        |  | participate in an outpatient treatment program; or | 
      
        |  | (C)  a criminal trial following any temporary | 
      
        |  | restoration of the defendant's competency to stand trial. | 
      
        |  | SECTION 3.011.  Article 56.39(a), Code of Criminal | 
      
        |  | Procedure, is amended to update a reference to read as follows: | 
      
        |  | (a)  An order for a mental or physical examination or an | 
      
        |  | autopsy as provided by Article 56.38(c)(2) [ 56.38(c)(3)] may be | 
      
        |  | made for good cause shown on notice to the individual to be examined | 
      
        |  | and to all persons who have appeared. | 
      
        |  | SECTION 3.012.  Article 102.017(d-1), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 664 (S.B. 1521) and 1031 (H.B. | 
      
        |  | 2847), Acts of the 82nd Legislature, Regular Session, 2011, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (d-1)  For purposes of this article, the term "security | 
      
        |  | personnel, services, and items" includes: | 
      
        |  | (1)  the purchase or repair of X-ray machines and | 
      
        |  | conveying systems; | 
      
        |  | (2)  handheld metal detectors; | 
      
        |  | (3)  walkthrough metal detectors; | 
      
        |  | (4)  identification cards and systems; | 
      
        |  | (5)  electronic locking and surveillance equipment; | 
      
        |  | (6)  video teleconferencing systems; | 
      
        |  | (7)  bailiffs, deputy sheriffs, deputy constables, or | 
      
        |  | contract security personnel during times when they are providing | 
      
        |  | appropriate security services; | 
      
        |  | (8)  signage; | 
      
        |  | (9)  confiscated weapon inventory and tracking | 
      
        |  | systems; | 
      
        |  | (10)  locks, chains, alarms, or similar security | 
      
        |  | devices; | 
      
        |  | (11)  the purchase or repair of bullet-proof glass; | 
      
        |  | (12)  continuing education on security issues for court | 
      
        |  | personnel and security personnel; and | 
      
        |  | (13) [ (12)]  warrant officers and related equipment. | 
      
        |  | ARTICLE 4.  CHANGES RELATING TO EDUCATION CODE | 
      
        |  | SECTION 4.001.  Section 21.044, Education Code, as amended | 
      
        |  | by Chapters 635 (S.B. 866) and 926 (S.B. 1620), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 21.044.  EDUCATOR PREPARATION.  (a)  The board shall | 
      
        |  | propose rules establishing the training requirements a person must | 
      
        |  | accomplish to obtain a certificate, enter an internship, or enter | 
      
        |  | an induction-year program.  The board shall specify the minimum | 
      
        |  | academic qualifications required for a certificate. | 
      
        |  | (b)  Any minimum academic qualifications for a certificate | 
      
        |  | specified under Subsection (a) that require a person to possess a | 
      
        |  | bachelor's degree must also require that the person receive, as | 
      
        |  | part of the curriculum for that degree, instruction in detection | 
      
        |  | and education of students with dyslexia.  This subsection does not | 
      
        |  | apply to a person who obtains a certificate through an alternative | 
      
        |  | certification program adopted under Section 21.049. | 
      
        |  | (c)  The instruction under Subsection (b) must: | 
      
        |  | (1)  be developed by a panel of experts in the diagnosis | 
      
        |  | and treatment of dyslexia who are: | 
      
        |  | (A)  employed by institutions of higher | 
      
        |  | education; and | 
      
        |  | (B)  approved by the board; and | 
      
        |  | (2)  include information on: | 
      
        |  | (A)  characteristics of dyslexia; | 
      
        |  | (B)  identification of dyslexia; and | 
      
        |  | (C)  effective, multisensory strategies for | 
      
        |  | teaching students with dyslexia. | 
      
        |  | (d) [ (b)]  In proposing rules under this section, the board | 
      
        |  | shall specify that to obtain a certificate to teach an "applied STEM | 
      
        |  | course," as that term is defined by Section 28.027, at a secondary | 
      
        |  | school, a person must: | 
      
        |  | (1)  pass the certification test administered by the | 
      
        |  | recognized national or international business and industry group | 
      
        |  | that created the curriculum the applied STEM course is based on; and | 
      
        |  | (2)  have at a minimum: | 
      
        |  | (A)  an associate degree from an accredited | 
      
        |  | institution of higher education; and | 
      
        |  | (B)  three years of work experience in an | 
      
        |  | occupation for which the applied STEM course is intended to prepare | 
      
        |  | the student. | 
      
        |  | SECTION 4.002.  Section 25.001(e), Education Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (e)  A school district may request that the commissioner | 
      
        |  | waive the requirement that the district admit a foreign exchange | 
      
        |  | student who meets the conditions of Subsection (b)(6) [ (b)(5)]. | 
      
        |  | The commissioner shall respond to a district's request not later | 
      
        |  | than the 60th day after the date of receipt of the request.  The | 
      
        |  | commissioner shall grant the request and issue a waiver effective | 
      
        |  | for a period not to exceed three years if the commissioner | 
      
        |  | determines that admission of a foreign exchange student would: | 
      
        |  | (1)  create a financial or staffing hardship for the | 
      
        |  | district; | 
      
        |  | (2)  diminish the district's ability to provide high | 
      
        |  | quality educational services for the district's domestic students; | 
      
        |  | or | 
      
        |  | (3)  require domestic students to compete with foreign | 
      
        |  | exchange students for educational resources. | 
      
        |  | SECTION 4.003.  Section 28.0212(g), Education Code, as added | 
      
        |  | by Chapter 763 (H.B. 3485), Acts of the 80th Legislature, Regular | 
      
        |  | Session, 2007, is repealed as duplicative of Section 28.0212(e), | 
      
        |  | Education Code, as added by Chapter 1058 (H.B. 2237), Acts of the | 
      
        |  | 80th Legislature, Regular Session, 2007. | 
      
        |  | SECTION 4.004.  The heading to Section  30A.054, Education | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 30A.054.  STUDENT PERFORMANCE INFORMATION [ REPORTS]. | 
      
        |  | SECTION 4.005.  Section 39.0233(a), Education Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  The agency, in coordination with the Texas Higher | 
      
        |  | Education Coordinating Board, shall adopt a series of questions to | 
      
        |  | be included in an end-of-course assessment instrument administered | 
      
        |  | under Section 39.023(c) to be used for purposes of Section 51.3062. | 
      
        |  | The questions adopted under this subsection must be developed in a | 
      
        |  | manner consistent with any college readiness standards adopted | 
      
        |  | under Sections 39.233 [ 39.113] and 51.3062. | 
      
        |  | SECTION 4.006.  Section 39.0302(a), Education Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  During an agency investigation or audit of a school | 
      
        |  | district under Section 39.0301(e) or (f), an accreditation | 
      
        |  | investigation under Section 39.057(a)(8) [ 39.075(a)(8)], or an | 
      
        |  | investigation by the State Board for Educator Certification of an | 
      
        |  | educator for an alleged violation of an assessment instrument | 
      
        |  | security procedure established under Section 39.0301(a), the | 
      
        |  | commissioner may issue a subpoena to compel the attendance of a | 
      
        |  | relevant witness or the production, for inspection or copying, of | 
      
        |  | relevant evidence that is located in this state. | 
      
        |  | SECTION 4.007.  The heading to Section 51.403, Education | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 51.403.  ECONOMIC JUSTIFICATION FOR COURSES; REPORTS OF | 
      
        |  | STUDENT ENROLLMENT AND ACADEMIC PERFORMANCE. | 
      
        |  | SECTION 4.008.  Section 51.803(a), Education Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  Subject to Subsection (a-1), each general academic | 
      
        |  | teaching institution shall admit an applicant for admission to the | 
      
        |  | institution as an undergraduate student if the applicant graduated | 
      
        |  | with a grade point average in the top 10 percent of the student's | 
      
        |  | high school graduating class in one of the two school years | 
      
        |  | preceding the academic year for which the applicant is applying for | 
      
        |  | admission and: | 
      
        |  | (1)  the applicant graduated from a public or private | 
      
        |  | high school in this state accredited by a generally recognized | 
      
        |  | accrediting organization or from a high school operated by the | 
      
        |  | United States Department of Defense; | 
      
        |  | (2)  the applicant: | 
      
        |  | (A)  successfully completed: | 
      
        |  | (i)  at a public high school, the curriculum | 
      
        |  | requirements established under Section 28.025 for the recommended | 
      
        |  | or advanced high school program; or | 
      
        |  | (ii)  at a high school to which Section | 
      
        |  | 28.025 does not apply, a curriculum that is equivalent in content | 
      
        |  | and rigor to the recommended or advanced high school program; or | 
      
        |  | (B)  satisfied ACT's College Readiness Benchmarks | 
      
        |  | on the ACT assessment applicable to the applicant or earned on the | 
      
        |  | SAT assessment a score of at least 1,500 out of 2,400 or the | 
      
        |  | equivalent; and | 
      
        |  | (3)  if the applicant graduated from a high school | 
      
        |  | operated by the United States Department of Defense, the applicant | 
      
        |  | is a Texas resident under Section 54.052 or is entitled to pay | 
      
        |  | tuition fees at the rate provided for Texas residents under Section | 
      
        |  | 54.241(d) [ 54.058(d)] for the term or semester to which admitted. | 
      
        |  | SECTION 4.009.  Section 54.341(b-2), Education Code, which | 
      
        |  | was redesignated from Section 54.203(b-2), Education Code, by | 
      
        |  | Chapter 359 (S.B. 32), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is repealed to conform to the repeal of Section | 
      
        |  | 54.203(b-2), Education Code, by Chapter 404 (S.B. 639), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 4.010.  (a) Sections 54.353 and 54.3531, Education | 
      
        |  | Code, which were added by Section 17, Chapter 359 (S.B. 32), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, as a nonsubstantive | 
      
        |  | redesignation of the two versions of Section 54.208, Education | 
      
        |  | Code, as amended by Chapters 1285 (H.B. 2013) and 1299 (H.B. 2347), | 
      
        |  | Acts of the 81st Legislature, Regular Session, 2009, are reenacted | 
      
        |  | to conform to the reenactment of Section 54.208, Education Code, | 
      
        |  | and the addition of Section 54.2081, Education Code, by Chapter 959 | 
      
        |  | (H.B. 1163), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 54.353.  FIREFIGHTERS ENROLLED IN FIRE SCIENCE COURSES. | 
      
        |  | (a)  The governing board of an institution of higher education | 
      
        |  | shall exempt from the payment of tuition and laboratory fees any | 
      
        |  | student enrolled in one or more courses offered as part of a fire | 
      
        |  | science curriculum who: | 
      
        |  | (1)  is employed as a firefighter by a political | 
      
        |  | subdivision of this state; or | 
      
        |  | (2)  is currently, and has been for at least one year, | 
      
        |  | an active member of an organized volunteer fire department in this | 
      
        |  | state, as defined by the fire fighters' pension commissioner, who | 
      
        |  | holds: | 
      
        |  | (A)  an Accredited Advanced level of | 
      
        |  | certification, or an equivalent successor certification, under the | 
      
        |  | State Firemen's and Fire Marshals' Association of Texas volunteer | 
      
        |  | certification program; or | 
      
        |  | (B)  Phase V (Firefighter II) certification, or an | 
      
        |  | equivalent successor certification, under the Texas Commission on | 
      
        |  | Fire Protection's voluntary certification program under Section | 
      
        |  | 419.071, Government Code. | 
      
        |  | (b)  An exemption provided under this section does not apply | 
      
        |  | to deposits that may be required in the nature of security for the | 
      
        |  | return or proper care of property loaned for the use of students. | 
      
        |  | (c)  Notwithstanding Subsection (a), a student who for a | 
      
        |  | semester or term at an institution of higher education receives an | 
      
        |  | exemption under this section may continue to receive the exemption | 
      
        |  | for a subsequent semester or term at any institution only if the | 
      
        |  | student makes satisfactory academic progress toward a degree or | 
      
        |  | certificate at that institution as determined by the institution | 
      
        |  | for purposes of financial aid. | 
      
        |  | (d)  Notwithstanding Subsection (a), the exemption provided | 
      
        |  | under this section does not apply to any amount of additional | 
      
        |  | tuition the institution elects to charge a resident undergraduate | 
      
        |  | student under Section 54.014(a) or (f). | 
      
        |  | (e)  Notwithstanding Subsection (a), the exemption provided | 
      
        |  | under this section does not apply to any amount of tuition the | 
      
        |  | institution charges a graduate student in excess of the amount of | 
      
        |  | tuition charged to similarly situated graduate students because the | 
      
        |  | student has a number of semester credit hours of doctoral work in | 
      
        |  | excess of the applicable number provided by Section 61.059(l)(1) or | 
      
        |  | (2). | 
      
        |  | (f)  The Texas Higher Education Coordinating Board shall | 
      
        |  | adopt: | 
      
        |  | (1)  rules governing the granting or denial of an | 
      
        |  | exemption under this section, including rules relating to the | 
      
        |  | determination of a student's eligibility for an exemption; and | 
      
        |  | (2)  a uniform listing of degree programs covered by | 
      
        |  | the exemption under this section. | 
      
        |  | Sec. 54.3531.  PEACE OFFICERS ENROLLED IN CERTAIN COURSES. | 
      
        |  | (a)  The governing board of an institution of higher education | 
      
        |  | shall exempt from the payment of tuition and laboratory fees | 
      
        |  | charged by the institution for a criminal justice or law | 
      
        |  | enforcement course or courses an undergraduate student who: | 
      
        |  | (1)  is employed as a peace officer by this state or by | 
      
        |  | a political subdivision of this state; | 
      
        |  | (2)  is enrolled in a criminal justice or law | 
      
        |  | enforcement-related degree program at the institution; | 
      
        |  | (3)  is making satisfactory academic progress toward | 
      
        |  | the student's degree as determined by the institution; and | 
      
        |  | (4)  applies for the exemption at least one week before | 
      
        |  | the last date of the institution's regular registration period for | 
      
        |  | the applicable semester or other term. | 
      
        |  | (b)  Notwithstanding Subsection (a), a student may not | 
      
        |  | receive an exemption under this section for any course if the | 
      
        |  | student has previously attempted a number of semester credit hours | 
      
        |  | for courses taken at any institution of higher education while | 
      
        |  | classified as a resident student for tuition purposes in excess of | 
      
        |  | the maximum number of those hours specified by Section 61.0595(a) | 
      
        |  | as eligible for funding under the formulas established under | 
      
        |  | Section 61.059. | 
      
        |  | (c)  Notwithstanding Subsection (a), the governing board of | 
      
        |  | an institution of higher education may not provide exemptions under | 
      
        |  | this section to students enrolled in a specific class in a number | 
      
        |  | that exceeds 20 percent of the maximum student enrollment | 
      
        |  | designated by the institution for that class. | 
      
        |  | (d)  An exemption provided under this section does not apply | 
      
        |  | to deposits that may be required in the nature of security for the | 
      
        |  | return or proper care of property loaned for the use of students. | 
      
        |  | (e)  The Texas Higher Education Coordinating Board shall | 
      
        |  | adopt: | 
      
        |  | (1)  rules governing the granting or denial of an | 
      
        |  | exemption under this section, including rules relating to the | 
      
        |  | determination of a student's eligibility for an exemption; and | 
      
        |  | (2)  a uniform listing of degree programs covered by | 
      
        |  | the exemption under this section. | 
      
        |  | (f)  If the legislature does not specifically appropriate | 
      
        |  | funds to an institution of higher education in an amount sufficient | 
      
        |  | to pay the institution's costs in complying with this section for a | 
      
        |  | semester, the governing board of the institution of higher | 
      
        |  | education shall report to the Senate Finance Committee and the | 
      
        |  | House Appropriations Committee the cost to the institution of | 
      
        |  | complying with this section for that semester. | 
      
        |  | (b)  Sections 54.208 and 54.2081, Education Code, are | 
      
        |  | repealed. | 
      
        |  | SECTION 4.011.  Section 61.0815(c), Education Code, as | 
      
        |  | amended by Chapter 990 (H.B. 1781), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed to conform to the repeal of | 
      
        |  | Section 61.0815, Education Code, by Chapter 1049 (S.B. 5), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 4.012.  Section 88.216(a), Education Code, is | 
      
        |  | amended to correct references to read as follows: | 
      
        |  | (a)  The Agriculture and Wildlife Research and Management | 
      
        |  | Advisory Committee is an advisory committee of the Texas | 
      
        |  | Agricultural Experiment Station and is composed of: | 
      
        |  | (1)  one representative of the Texas Agricultural | 
      
        |  | Experiment Station, appointed by the director of the Texas | 
      
        |  | Agricultural Experiment Station; | 
      
        |  | (2)  one representative of the Texas AgriLife | 
      
        |  | [ Agricultural] Extension Service, appointed by the director of the | 
      
        |  | Texas AgriLife [ Agricultural] Extension Service; | 
      
        |  | (3)  one representative of Texas Tech University, | 
      
        |  | appointed by the dean of the College of Agriculture of Texas Tech | 
      
        |  | University; | 
      
        |  | (4)  one representative of The University of Texas at | 
      
        |  | Austin, appointed by the vice president for research of The | 
      
        |  | University of Texas System; | 
      
        |  | (5)  one representative of the Department of | 
      
        |  | Agriculture, appointed by the commissioner of agriculture; | 
      
        |  | (6)  one representative of the Parks and Wildlife | 
      
        |  | Department, appointed by the director of the department; | 
      
        |  | (7)  one representative of the Texas Water Development | 
      
        |  | Board, appointed by the executive administrator [ director] of the | 
      
        |  | board; | 
      
        |  | (8)  one representative of county government, | 
      
        |  | appointed by the governor; | 
      
        |  | (9)  one representative of the general public, | 
      
        |  | appointed by the governor; | 
      
        |  | (10)  one representative of the agribusiness industry, | 
      
        |  | appointed by the governor; | 
      
        |  | (11)  one representative of environmental interests, | 
      
        |  | appointed by the governor; | 
      
        |  | (12)  one representative of wildlife interests, | 
      
        |  | appointed by the governor; and | 
      
        |  | (13)  one representative of the Texas rice industry, | 
      
        |  | appointed by the governor. | 
      
        |  | SECTION 4.013.  Section 130.0012(h), Education Code, is | 
      
        |  | amended to correct a typographical error to read as follows: | 
      
        |  | (h)  Each public junior college offering a baccalaureate | 
      
        |  | degree program under this section shall prepare a biennial report | 
      
        |  | on the operation and effectiveness of the junior college's | 
      
        |  | baccalaureate degree programs and shall deliver a copy of the | 
      
        |  | report to the coordinating board in the form and at the time | 
      
        |  | determined by the coordinating board.[ .] | 
      
        |  | ARTICLE 5.  CHANGES RELATING TO ELECTION CODE | 
      
        |  | SECTION 5.001.  Section 13.031(d), Election Code, as amended | 
      
        |  | by Chapters 1002 (H.B. 2194) and 1164 (H.B. 2817), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  To be eligible for appointment as a volunteer deputy | 
      
        |  | registrar, a person must: | 
      
        |  | (1)  be 18 years of age or older; | 
      
        |  | (2)  not have been finally convicted of a felony or, if | 
      
        |  | so convicted, must have: | 
      
        |  | (A)  fully discharged the person's sentence, | 
      
        |  | including any term of incarceration, parole, or supervision, or | 
      
        |  | completed a period of probation ordered by any court; or | 
      
        |  | (B)  been pardoned or otherwise released from the | 
      
        |  | resulting disability to vote; [ and] | 
      
        |  | (3)  meet the requirements to be a qualified voter | 
      
        |  | under Section 11.002 except that the person is not required to be a | 
      
        |  | registered voter; and | 
      
        |  | (4) [ (3)]  not have been finally convicted of an | 
      
        |  | offense under Section 32.51, Penal Code. | 
      
        |  | SECTION 5.002.  Section 15.022(a), Election Code, as amended | 
      
        |  | by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  The registrar shall make the appropriate corrections in | 
      
        |  | the registration records, including, if necessary, deleting a | 
      
        |  | voter's name from the suspense list: | 
      
        |  | (1)  after receipt of a notice of a change in | 
      
        |  | registration information under Section 15.021; | 
      
        |  | (2)  after receipt of a voter's reply to a notice of | 
      
        |  | investigation given under Section 16.033; | 
      
        |  | (3)  after receipt of any affidavits executed under | 
      
        |  | Section 63.006, following an election; | 
      
        |  | (4)  after receipt of a voter's statement of residence | 
      
        |  | executed under Section 63.0011; | 
      
        |  | (5)  before the effective date of the abolishment of a | 
      
        |  | county election precinct or a change in its boundary; | 
      
        |  | (6)  after receipt of United States Postal Service | 
      
        |  | information indicating an address reclassification; | 
      
        |  | (7)  after receipt of a voter's response under Section | 
      
        |  | 15.053; or | 
      
        |  | (8)  after receipt of a registration application or | 
      
        |  | change of address under Chapter 20. | 
      
        |  | SECTION 5.003.  Section 16.001(d), Election Code, as added | 
      
        |  | by Chapter 650 (S.B. 1046), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is repealed as duplicative of Sections 16.001(d) and | 
      
        |  | 18.068, Election Code, as added by Chapter 683 (H.B. 174), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 5.004.  Section 16.031(b), Election Code, as amended | 
      
        |  | by Chapters 650 (S.B. 1046) and 683 (H.B. 174), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (b)  The registrar shall cancel a voter's registration | 
      
        |  | immediately if the registrar: | 
      
        |  | (1)  determines from information received under | 
      
        |  | Section 16.001(c) that the voter is deceased; | 
      
        |  | (2)  has personal knowledge that the voter is deceased; | 
      
        |  | (3)  receives from a person related within the second | 
      
        |  | degree by consanguinity or affinity, as determined under Chapter | 
      
        |  | 573, Government Code, to the voter a sworn statement by that person | 
      
        |  | indicating that the voter is deceased; or | 
      
        |  | (4)  receives notice from the secretary of state under | 
      
        |  | Section 18.068 that the voter is deceased. | 
      
        |  | SECTION 5.005.  The heading to Section 19.001, Election | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 19.001.  STATEMENT OF REGISTRATIONS SUBMITTED TO | 
      
        |  | SECRETARY OF STATE [ COMPTROLLER]. | 
      
        |  | SECTION 5.006.  Section 66.0241, Election Code, as amended | 
      
        |  | by Chapters 123 (S.B. 14) and 1002 (H.B. 2194), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 66.0241.  CONTENTS OF ENVELOPE NO. 4.  Envelope no. 4 | 
      
        |  | must contain: | 
      
        |  | (1)  the precinct list of registered voters; | 
      
        |  | (2)  the registration correction list; | 
      
        |  | (3)  any statements of residence executed under Section | 
      
        |  | 63.0011; and | 
      
        |  | (4)  any affidavits executed under Section 63.006 or | 
      
        |  | 63.011. | 
      
        |  | ARTICLE 6.  CHANGES RELATING TO ESTATES CODE | 
      
        |  | SECTION 6.001.  Sections 21.001(b) and (c), Estates Code, as | 
      
        |  | effective January 1, 2014, are amended to conform to Section 2.54, | 
      
        |  | Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  Consistent with the objectives of the statutory | 
      
        |  | revision program, the purpose of this code, except Subtitle | 
      
        |  | [ Subtitles] X [and Y], Title 2, and Subtitles Y and Z, Title 3, is to | 
      
        |  | make the law encompassed by this code, except Subtitle [ Subtitles] | 
      
        |  | X [ and Y], Title 2, and Subtitles Y and Z, Title 3, more accessible | 
      
        |  | and understandable by: | 
      
        |  | (1)  rearranging the statutes into a more logical | 
      
        |  | order; | 
      
        |  | (2)  employing a format and numbering system designed | 
      
        |  | to facilitate citation of the law and to accommodate future | 
      
        |  | expansion of the law; | 
      
        |  | (3)  eliminating repealed, duplicative, | 
      
        |  | unconstitutional, expired, executed, and other ineffective | 
      
        |  | provisions; and | 
      
        |  | (4)  restating the law in modern American English to | 
      
        |  | the greatest extent possible. | 
      
        |  | (c)  The provisions of Subtitle [ Subtitles] X [and Y], Title | 
      
        |  | 2, and Subtitles Y and Z, Title 3, are transferred from the Texas | 
      
        |  | Probate Code and redesignated as part of this code, but are not | 
      
        |  | revised as part of the state's continuing statutory revision | 
      
        |  | program. | 
      
        |  | SECTION 6.002.  Section 21.002(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 2.54, | 
      
        |  | Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  Chapter 311, Government Code (Code Construction Act), | 
      
        |  | does not apply to the construction of a provision of Subtitle X [ or  | 
      
        |  | Y], Title 2, or Subtitle Y or Z, Title 3. | 
      
        |  | SECTION 6.003.  Section 21.003(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 2.54, | 
      
        |  | Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  A reference in Subtitle X [ or Y], Title 2, or Subtitle Y | 
      
        |  | or Z, Title 3, to a chapter, a part, a subpart, a section, or any | 
      
        |  | portion of a section "of this code" is a reference to the chapter, | 
      
        |  | part, subpart, section, or portion of a section as redesignated in | 
      
        |  | the Estates Code, except that: | 
      
        |  | (1)  a reference in Subtitle X [ or Y], Title 2, or | 
      
        |  | Subtitle Y or Z, Title 3, to Chapter I is a reference to Chapter I, | 
      
        |  | Estates Code, and to the revision of sections derived from Chapter | 
      
        |  | I, Texas Probate Code, and any reenactments and amendments to those | 
      
        |  | sections; and | 
      
        |  | (2)  a reference in Subtitle X [ or Y], Title 2, or | 
      
        |  | Subtitle Y or Z, Title 3, to a chapter, part, subpart, section, or | 
      
        |  | portion of a section that does not exist in the Estates Code is a | 
      
        |  | reference to the revision or redesignation of the corresponding | 
      
        |  | chapter, part, subpart, section, or portion of a section of the | 
      
        |  | Texas Probate Code and any reenactments or amendments. | 
      
        |  | SECTION 6.004.  Section 21.005, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 | 
      
        |  | (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 21.005.  APPLICABILITY OF CERTAIN LAWS. | 
      
        |  | Notwithstanding Section 21.002(b) of this code and Section 311.002, | 
      
        |  | Government Code: | 
      
        |  | (1)  Section 311.032(c), Government Code, applies to | 
      
        |  | Subtitle [ Subtitles] X [and Y], Title 2, and Subtitles Y and Z, | 
      
        |  | Title 3; and | 
      
        |  | (2)  Sections 311.005(4) and 311.012(b) and (c), | 
      
        |  | Government Code, apply to Subtitle [ Subtitles] X [and Y], Title 2, | 
      
        |  | and Subtitles Y and Z, Title 3. | 
      
        |  | SECTION 6.005.  Section 22.001(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Sections 1.02 | 
      
        |  | and 3.02(c), Chapter 823 (H.B. 2759), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, to read as follows: | 
      
        |  | (b)  If Title 3 [ Chapter XIII] provides a definition for a | 
      
        |  | term that is different from the definition provided by this | 
      
        |  | chapter, the definition for the term provided by Title 3 [ Chapter  | 
      
        |  | XIII] applies in that title [chapter]. | 
      
        |  | SECTION 6.006.  Section 22.017, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 | 
      
        |  | (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 22.017.  INDEPENDENT EXECUTOR.  "Independent executor" | 
      
        |  | means the personal representative of an estate under independent | 
      
        |  | administration as provided by Chapter 401 and Section 402.001 | 
      
        |  | [ Section 145].  The term includes an independent administrator. | 
      
        |  | SECTION 6.007.  Section 32.005(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 2.54, | 
      
        |  | Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  This section shall be construed in conjunction and in | 
      
        |  | harmony with Chapter 401 and Section 402.001 [ Section 145] and all | 
      
        |  | other sections of this title relating to independent executors, but | 
      
        |  | may not be construed to expand the court's control over an | 
      
        |  | independent executor. | 
      
        |  | SECTION 6.008.  Subtitle A, Title 2, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended by adding Chapter 34, and a | 
      
        |  | heading is added to that chapter to read as follows: | 
      
        |  | CHAPTER 34.  MATTERS RELATING TO CERTAIN OTHER TYPES OF PROCEEDINGS | 
      
        |  | SECTION 6.009.  Notwithstanding the transfer of Sections 5B | 
      
        |  | and 5C, Texas Probate Code, to the Estates Code and redesignation as | 
      
        |  | Sections 5B and 5C of that code effective January 1, 2014, by | 
      
        |  | Section 2, Chapter 680 (H.B. 2502), Acts of the 81st Legislature, | 
      
        |  | Regular Session, 2009, Sections 5B and 5C, Texas Probate Code, are | 
      
        |  | transferred to Chapter 34, Estates Code, as added by this Act, | 
      
        |  | redesignated as Sections 34.001 and 34.002, Estates Code, and | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 34.001 [ 5B].  TRANSFER TO STATUTORY PROBATE COURT OF | 
      
        |  | PROCEEDING RELATED TO PROBATE PROCEEDING.  (a)  A judge of a | 
      
        |  | statutory probate court, on the motion of a party to the action or | 
      
        |  | on the motion of a person interested in an estate, may transfer to | 
      
        |  | the judge's court from a district, county, or statutory court a | 
      
        |  | cause of action related to a probate proceeding pending in the | 
      
        |  | statutory probate court or a cause of action in which a personal | 
      
        |  | representative of an estate pending in the statutory probate court | 
      
        |  | is a party and may consolidate the transferred cause of action with | 
      
        |  | the other proceedings in the statutory probate court relating to | 
      
        |  | that estate. | 
      
        |  | (b)  Notwithstanding any other provision of this subtitle, | 
      
        |  | Title 1, Subtitle X, Title 2, Chapter 51, 52, 53, 54, 55, or 151, or | 
      
        |  | Section 351.001, 351.002, 351.053, 351.352, 351.353, 351.354, or | 
      
        |  | 351.355 [ chapter], the proper venue for an action by or against a | 
      
        |  | personal representative for personal injury, death, or property | 
      
        |  | damages is determined under Section 15.007, Civil Practice and | 
      
        |  | Remedies Code. | 
      
        |  | Sec. 34.002 [ 5C].  ACTIONS TO COLLECT DELINQUENT PROPERTY | 
      
        |  | TAXES.  (a)  This section applies only to a decedent's estate that: | 
      
        |  | (1)  is being administered in a pending probate | 
      
        |  | proceeding; | 
      
        |  | (2)  owns or claims an interest in property against | 
      
        |  | which a taxing unit has imposed ad valorem taxes that are | 
      
        |  | delinquent; and | 
      
        |  | (3)  is not being administered as an independent | 
      
        |  | administration under Chapter 401 and Section 402.001 [ Section 145  | 
      
        |  | of this code]. | 
      
        |  | (b)  Notwithstanding any provision of this code to the | 
      
        |  | contrary, if the probate proceedings are pending in a foreign | 
      
        |  | jurisdiction or in a county other than the county in which the taxes | 
      
        |  | were imposed, a suit to foreclose the lien securing payment of the | 
      
        |  | taxes or to enforce personal liability for the taxes must be brought | 
      
        |  | under Section 33.41, Tax Code, in a court of competent jurisdiction | 
      
        |  | in the county in which the taxes were imposed. | 
      
        |  | (c)  If the probate proceedings have been pending for four | 
      
        |  | years or less in the county in which the taxes were imposed, the | 
      
        |  | taxing unit may present a claim for the delinquent taxes against the | 
      
        |  | estate to the personal representative of the estate in the probate | 
      
        |  | proceedings. | 
      
        |  | (d)  If the taxing unit presents a claim against the estate | 
      
        |  | under Subsection (c) [ of this section]: | 
      
        |  | (1)  the claim of the taxing unit is subject to each | 
      
        |  | applicable provision in Subchapter A, Chapter 124, Subchapter B, | 
      
        |  | Chapter 308, Subchapter F, Chapter 351, and Chapters 355 and 356 | 
      
        |  | [ Parts 4 and 5, Chapter VIII, of this code] that relates to a claim | 
      
        |  | or the enforcement of a claim in a probate proceeding; and | 
      
        |  | (2)  the taxing unit may not bring a suit in any other | 
      
        |  | court to foreclose the lien securing payment of the taxes or to | 
      
        |  | enforce personal liability for the delinquent taxes before the | 
      
        |  | first day after the fourth anniversary of the date the application | 
      
        |  | for the probate proceeding was filed. | 
      
        |  | (e)  To foreclose the lien securing payment of the delinquent | 
      
        |  | taxes, the taxing unit must bring a suit under Section 33.41, Tax | 
      
        |  | Code, in a court of competent jurisdiction for the county in which | 
      
        |  | the taxes were imposed if: | 
      
        |  | (1)  the probate proceedings have been pending in that | 
      
        |  | county for more than four years; and | 
      
        |  | (2)  the taxing unit did not present a delinquent tax | 
      
        |  | claim under Subsection (c) [ of this section] against the estate in | 
      
        |  | the probate proceeding. | 
      
        |  | (f)  In a suit brought under Subsection (e) [ of this  | 
      
        |  | section], the taxing unit: | 
      
        |  | (1)  shall make the personal representative of the | 
      
        |  | decedent's estate a party to the suit; and | 
      
        |  | (2)  may not seek to enforce personal liability for the | 
      
        |  | taxes against the estate of the decedent. | 
      
        |  | SECTION 6.010.  Section 152.001(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 2.54, | 
      
        |  | Chapter 1338 (S.B. 1198), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  An applicant may file an application under this section | 
      
        |  | only if: | 
      
        |  | (1)  an application or affidavit has not been filed and | 
      
        |  | is not pending under Section [ 145,] 256.052, 256.054, or 301.052 or | 
      
        |  | Chapter 205 or 401; and | 
      
        |  | (2)  the applicant needs to: | 
      
        |  | (A)  obtain funds for the payment of the | 
      
        |  | decedent's funeral and burial expenses; or | 
      
        |  | (B)  gain access to accommodations rented by the | 
      
        |  | decedent that contain the decedent's personal property and the | 
      
        |  | applicant has been denied access to those accommodations. | 
      
        |  | SECTION 6.011.  Section 152.102(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 2, | 
      
        |  | Chapter 707 (H.B. 549), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  Subsection (a) applies: | 
      
        |  | (1)  without regard to whether the decedent died | 
      
        |  | intestate or testate; [ and] | 
      
        |  | (2)  regardless of whether the surviving spouse is | 
      
        |  | designated by the decedent's will as the executor of the decedent's | 
      
        |  | estate; and | 
      
        |  | (3)  subject to the prohibition described by Section | 
      
        |  | 711.002(l), Health and Safety Code. | 
      
        |  | SECTION 6.012.  Section 351.351, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 | 
      
        |  | (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 351.351.  APPLICABILITY.  This subchapter does not | 
      
        |  | apply to: | 
      
        |  | (1)  the appointment of an independent executor or | 
      
        |  | administrator under Section 401.002 or 401.003(a) [ 145(c), (d), or  | 
      
        |  | (e)]; or | 
      
        |  | (2)  the appointment of a successor independent | 
      
        |  | executor under Section 404.005 [ 154A]. | 
      
        |  | SECTION 6.013.  Section 352.004, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 2.54, Chapter 1338 | 
      
        |  | (S.B. 1198), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 352.004.  DENIAL OF COMPENSATION.  The court may, on | 
      
        |  | application of an interested person or on the court's own motion, | 
      
        |  | wholly or partly deny a commission allowed by this subchapter if: | 
      
        |  | (1)  the court finds that the executor or administrator | 
      
        |  | has not taken care of and managed estate property prudently; or | 
      
        |  | (2)  the executor or administrator has been removed | 
      
        |  | under Section 404.003 [ 149C] or Subchapter B, Chapter 361. | 
      
        |  | SECTION 6.014.  Section 1002.015, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 1, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1002.015.  [ GUARDIANSHIP MATTER;] GUARDIANSHIP | 
      
        |  | PROCEEDING[ ; PROCEEDINGS IN GUARDIANSHIP; PROCEEDINGS FOR  | 
      
        |  | GUARDIANSHIP].  The term [terms "guardianship matter,"] | 
      
        |  | "guardianship proceeding" means [ proceeding," "proceedings in  | 
      
        |  | guardianship," and "proceedings for guardianship" are synonymous  | 
      
        |  | and include] a matter or proceeding related [relating] to a | 
      
        |  | guardianship or any other matter covered [ addressed] by this title, | 
      
        |  | including: | 
      
        |  | (1)  the appointment of a guardian of a minor or other | 
      
        |  | incapacitated person, including an incapacitated adult for whom | 
      
        |  | another court obtained continuing, exclusive jurisdiction in a suit | 
      
        |  | affecting the parent-child relationship when the person was a | 
      
        |  | child; | 
      
        |  | (2)  an application, petition, or motion regarding | 
      
        |  | guardianship or an alternative to guardianship under this title; | 
      
        |  | (3)  a mental health action; and | 
      
        |  | (4)  an application, petition, or motion regarding a | 
      
        |  | trust created under Chapter 1301. | 
      
        |  | SECTION 6.015.  (a)  Subtitle B, Title 3, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Sections 2-7, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, and Sections 66.01-66.04, Chapter 4 (S.B. 1), Acts | 
      
        |  | of the 82nd Legislature, 1st Called Session, 2011, by adding | 
      
        |  | Chapters 1021, 1022, and 1023 to read as follows: | 
      
        |  | CHAPTER 1021. GENERAL PROVISIONS | 
      
        |  | Sec. 1021.001.  MATTERS RELATED TO GUARDIANSHIP PROCEEDING. | 
      
        |  | (a)  For purposes of this code, in a county in which there is no | 
      
        |  | statutory probate court, a matter related to a guardianship | 
      
        |  | proceeding includes: | 
      
        |  | (1)  the granting of letters of guardianship; | 
      
        |  | (2)  the settling of an account of a guardian and all | 
      
        |  | other matters relating to the settlement, partition, or | 
      
        |  | distribution of a ward's estate; | 
      
        |  | (3)  a claim brought by or against a guardianship | 
      
        |  | estate; | 
      
        |  | (4)  an action for trial of title to real property that | 
      
        |  | is guardianship estate property, including the enforcement of a | 
      
        |  | lien against the property; | 
      
        |  | (5)  an action for trial of the right of property that | 
      
        |  | is guardianship estate property; | 
      
        |  | (6)  after a guardianship of the estate of a ward is | 
      
        |  | required to be settled as provided by Section 1204.001: | 
      
        |  | (A)  an action brought by or on behalf of the | 
      
        |  | former ward against a former guardian of the ward for alleged | 
      
        |  | misconduct arising from the performance of the person's duties as | 
      
        |  | guardian; | 
      
        |  | (B)  an action calling on the surety of a guardian | 
      
        |  | or former guardian to perform in place of the guardian or former | 
      
        |  | guardian, which may include the award of a judgment against the | 
      
        |  | guardian or former guardian in favor of the surety; | 
      
        |  | (C)  an action against a former guardian of the | 
      
        |  | former ward that is brought by a surety that is called on to perform | 
      
        |  | in place of the former guardian; | 
      
        |  | (D)  a claim for the payment of compensation, | 
      
        |  | expenses, and court costs, and any other matter authorized under | 
      
        |  | Chapter 1155 and Subpart H, Part 2, Subtitle Z; and | 
      
        |  | (E)  a matter related to an authorization made or | 
      
        |  | duty performed by a guardian under Chapter 1204; and | 
      
        |  | (7)  the appointment of a trustee for a trust created | 
      
        |  | under Section 1301.053 or 1301.054, the settling of an account of | 
      
        |  | the trustee, and all other matters relating to the trust. | 
      
        |  | (b)  For purposes of this code, in a county in which there is | 
      
        |  | a statutory probate court, a matter related to a guardianship | 
      
        |  | proceeding includes: | 
      
        |  | (1)  all matters and actions described in Subsection | 
      
        |  | (a); | 
      
        |  | (2)  a suit, action, or application filed against or on | 
      
        |  | behalf of a guardianship or a trustee of a trust created under | 
      
        |  | Section 1301.053 or 1301.054; and | 
      
        |  | (3)  a cause of action in which a guardian in a | 
      
        |  | guardianship pending in the statutory probate court is a party. | 
      
        |  | CHAPTER 1022.  JURISDICTION | 
      
        |  | Sec. 1022.001.  GENERAL PROBATE COURT JURISDICTION IN | 
      
        |  | GUARDIANSHIP PROCEEDINGS; APPEALS.  (a)  All guardianship | 
      
        |  | proceedings must be filed and heard in a court exercising original | 
      
        |  | probate jurisdiction.  The court exercising original probate | 
      
        |  | jurisdiction also has jurisdiction of all matters related to the | 
      
        |  | guardianship proceeding as specified in Section 1021.001 for that | 
      
        |  | type of court. | 
      
        |  | (b)  A probate court may exercise pendent and ancillary | 
      
        |  | jurisdiction as necessary to promote judicial efficiency and | 
      
        |  | economy. | 
      
        |  | (c)  A final order issued by a probate court is appealable to | 
      
        |  | the court of appeals. | 
      
        |  | Sec. 1022.002.  ORIGINAL JURISDICTION FOR GUARDIANSHIP | 
      
        |  | PROCEEDINGS.  (a)  In a county in which there is no statutory | 
      
        |  | probate court or county court at law exercising original probate | 
      
        |  | jurisdiction, the county court has original jurisdiction of | 
      
        |  | guardianship proceedings. | 
      
        |  | (b)  In a county in which there is no statutory probate | 
      
        |  | court, but in which there is a county court at law exercising | 
      
        |  | original probate jurisdiction, the county court at law exercising | 
      
        |  | original probate jurisdiction and the county court have concurrent | 
      
        |  | original jurisdiction of guardianship proceedings, unless | 
      
        |  | otherwise provided by law.  The judge of a county court may hear | 
      
        |  | guardianship proceedings while sitting for the judge of any other | 
      
        |  | county court. | 
      
        |  | (c)  In a county in which there is a statutory probate court, | 
      
        |  | the statutory probate court has original jurisdiction of | 
      
        |  | guardianship proceedings. | 
      
        |  | Sec. 1022.003.  JURISDICTION OF CONTESTED GUARDIANSHIP | 
      
        |  | PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT OR COUNTY | 
      
        |  | COURT AT LAW.  (a)  In a county in which there is no statutory | 
      
        |  | probate court or county court at law exercising original probate | 
      
        |  | jurisdiction, when a matter in a guardianship proceeding is | 
      
        |  | contested, the judge of the county court may, on the judge's own | 
      
        |  | motion, or shall, on the motion of any party to the proceeding, | 
      
        |  | according to the motion: | 
      
        |  | (1)  request the assignment of a statutory probate | 
      
        |  | court judge to hear the contested matter, as provided by Section | 
      
        |  | 25.0022, Government Code; or | 
      
        |  | (2)  transfer the contested matter to the district | 
      
        |  | court, which may then hear the contested matter as if originally | 
      
        |  | filed in the district court. | 
      
        |  | (b)  If a party to a guardianship proceeding files a motion | 
      
        |  | for the assignment of a statutory probate court judge to hear a | 
      
        |  | contested matter in the proceeding before the judge of the county | 
      
        |  | court transfers the contested matter to a district court under this | 
      
        |  | section, the county judge shall grant the motion for the assignment | 
      
        |  | of a statutory probate court judge and may not transfer the matter | 
      
        |  | to the district court unless the party withdraws the motion. | 
      
        |  | (c)  If a judge of a county court requests the assignment of a | 
      
        |  | statutory probate court judge to hear a contested matter in a | 
      
        |  | guardianship proceeding on the judge's own motion or on the motion | 
      
        |  | of a party to the proceeding as provided by this section, the judge | 
      
        |  | may request that the statutory probate court judge be assigned to | 
      
        |  | the entire proceeding on the judge's own motion or on the motion of | 
      
        |  | a party. | 
      
        |  | (d)  A party to a guardianship proceeding may file a motion | 
      
        |  | for the assignment of a statutory probate court judge under this | 
      
        |  | section before a matter in the proceeding becomes contested, and | 
      
        |  | the motion is given effect as a motion for assignment of a statutory | 
      
        |  | probate court judge under Subsection (a) if the matter later | 
      
        |  | becomes contested. | 
      
        |  | (e)  Notwithstanding any other law, a transfer of a contested | 
      
        |  | matter in a guardianship proceeding to a district court under any | 
      
        |  | authority other than the authority provided by this section: | 
      
        |  | (1)  is disregarded for purposes of this section; and | 
      
        |  | (2)  does not defeat the right of a party to the | 
      
        |  | proceeding to have the matter assigned to a statutory probate court | 
      
        |  | judge in accordance with this section. | 
      
        |  | (f)  A statutory probate court judge assigned to a contested | 
      
        |  | matter in a guardianship proceeding or to the entire proceeding | 
      
        |  | under this section has the jurisdiction and authority granted to a | 
      
        |  | statutory probate court by this code.  A statutory probate court | 
      
        |  | judge assigned to hear only the contested matter in a guardianship | 
      
        |  | proceeding shall, on resolution of the matter, including any appeal | 
      
        |  | of the matter, return the matter to the county court for further | 
      
        |  | proceedings not inconsistent with the orders of the statutory | 
      
        |  | probate court or court of appeals, as applicable.  A statutory | 
      
        |  | probate court judge assigned to the entire guardianship proceeding | 
      
        |  | as provided by Subsection (c) shall, on resolution of the contested | 
      
        |  | matter in the proceeding, including any appeal of the matter, | 
      
        |  | return the entire proceeding to the county court for further | 
      
        |  | proceedings not inconsistent with the orders of the statutory | 
      
        |  | probate court or court of appeals, as applicable. | 
      
        |  | (g)  A district court to which a contested matter in a | 
      
        |  | guardianship proceeding is transferred under this section has the | 
      
        |  | jurisdiction and authority granted to a statutory probate court by | 
      
        |  | this code.  On resolution of a contested matter transferred to the | 
      
        |  | district court under this section, including any appeal of the | 
      
        |  | matter, the district court shall return the matter to the county | 
      
        |  | court for further proceedings not inconsistent with the orders of | 
      
        |  | the district court or court of appeals, as applicable. | 
      
        |  | (h)  If only the contested matter in a guardianship | 
      
        |  | proceeding is assigned to a statutory probate court judge under | 
      
        |  | this section, or if the contested matter in a guardianship | 
      
        |  | proceeding is transferred to a district court under this section, | 
      
        |  | the county court shall continue to exercise jurisdiction over the | 
      
        |  | management of the guardianship, other than a contested matter, | 
      
        |  | until final disposition of the contested matter is made in | 
      
        |  | accordance with this section.  Any matter related to a guardianship | 
      
        |  | proceeding in which a contested matter is transferred to a district | 
      
        |  | court may be brought in the district court.  The district court in | 
      
        |  | which a matter related to the proceeding is filed may, on the | 
      
        |  | court's own motion or on the motion of any party, find that the | 
      
        |  | matter is not a contested matter and transfer the matter to the | 
      
        |  | county court with jurisdiction of the management of the | 
      
        |  | guardianship. | 
      
        |  | (i)  If a contested matter in a guardianship proceeding is | 
      
        |  | transferred to a district court under this section, the district | 
      
        |  | court has jurisdiction of any contested matter in the proceeding | 
      
        |  | that is subsequently filed, and the county court shall transfer | 
      
        |  | those contested matters to the district court.  If a statutory | 
      
        |  | probate court judge is assigned under this section to hear a | 
      
        |  | contested matter in a guardianship proceeding, the statutory | 
      
        |  | probate court judge shall be assigned to hear any contested matter | 
      
        |  | in the proceeding that is subsequently filed. | 
      
        |  | (j)  The clerk of a district court to which a contested | 
      
        |  | matter in a guardianship proceeding is transferred under this | 
      
        |  | section may perform in relation to the transferred matter any | 
      
        |  | function a county clerk may perform with respect to that type of | 
      
        |  | matter. | 
      
        |  | Sec. 1022.004.  JURISDICTION OF CONTESTED GUARDIANSHIP | 
      
        |  | PROCEEDING IN COUNTY WITH NO STATUTORY PROBATE COURT.  (a)  In a | 
      
        |  | county in which there is no statutory probate court, but in which | 
      
        |  | there is a county court at law exercising original probate | 
      
        |  | jurisdiction, when a matter in a guardianship proceeding is | 
      
        |  | contested, the judge of the county court may, on the judge's own | 
      
        |  | motion, or shall, on the motion of any party to the proceeding, | 
      
        |  | transfer the contested matter to the county court at law.  In | 
      
        |  | addition, the judge of the county court, on the judge's own motion | 
      
        |  | or on the motion of a party to the proceeding, may transfer the | 
      
        |  | entire proceeding to the county court at law. | 
      
        |  | (b)  A county court at law to which a proceeding is | 
      
        |  | transferred under this section may hear the proceeding as if | 
      
        |  | originally filed in that court.  If only a contested matter in the | 
      
        |  | proceeding is transferred, on the resolution of the matter, the | 
      
        |  | matter shall be returned to the county court for further | 
      
        |  | proceedings not inconsistent with the orders of the county court at | 
      
        |  | law. | 
      
        |  | Sec. 1022.005.  EXCLUSIVE JURISDICTION OF GUARDIANSHIP | 
      
        |  | PROCEEDING IN COUNTY WITH STATUTORY PROBATE COURT.  (a)  In a | 
      
        |  | county in which there is a statutory probate court, the statutory | 
      
        |  | probate court has exclusive jurisdiction of all guardianship | 
      
        |  | proceedings, regardless of whether contested or uncontested. | 
      
        |  | (b)  A cause of action related to a guardianship proceeding | 
      
        |  | of which the statutory probate court has exclusive jurisdiction as | 
      
        |  | provided by Subsection (a) must be brought in the statutory probate | 
      
        |  | court unless the jurisdiction of the statutory probate court is | 
      
        |  | concurrent with the jurisdiction of a district court as provided by | 
      
        |  | Section 1022.006 or with the jurisdiction of any other court. | 
      
        |  | Sec. 1022.006.  CONCURRENT JURISDICTION WITH DISTRICT | 
      
        |  | COURT.  A statutory probate court has concurrent jurisdiction with | 
      
        |  | the district court in: | 
      
        |  | (1)  a personal injury, survival, or wrongful death | 
      
        |  | action by or against a person in the person's capacity as a | 
      
        |  | guardian; and | 
      
        |  | (2)  an action involving a guardian in which each other | 
      
        |  | party aligned with the guardian is not an interested person in the | 
      
        |  | guardianship. | 
      
        |  | Sec. 1022.007.  TRANSFER OF PROCEEDING BY STATUTORY PROBATE | 
      
        |  | COURT.  (a)  A judge of a statutory probate court, on the motion of | 
      
        |  | a party to the action or of a person interested in the guardianship, | 
      
        |  | may: | 
      
        |  | (1)  transfer to the judge's court from a district, | 
      
        |  | county, or statutory court a cause of action that is a matter | 
      
        |  | related to a guardianship proceeding pending in the statutory | 
      
        |  | probate court, including a cause of action that is a matter related | 
      
        |  | to a guardianship proceeding pending in the statutory probate court | 
      
        |  | and in which the guardian, ward, or proposed ward in the pending | 
      
        |  | guardianship proceeding is a party; and | 
      
        |  | (2)  consolidate the transferred cause of action with | 
      
        |  | the guardianship proceeding to which it relates and any other | 
      
        |  | proceedings in the statutory probate court that are related to the | 
      
        |  | guardianship proceeding. | 
      
        |  | (b)  Notwithstanding any other provision of this title, the | 
      
        |  | proper venue for an action by or against a guardian, ward, or | 
      
        |  | proposed ward for personal injury, death, or property damages is | 
      
        |  | determined under Section 15.007, Civil Practice and Remedies Code. | 
      
        |  | Sec. 1022.008.  TRANSFER OF CONTESTED GUARDIANSHIP OF THE | 
      
        |  | PERSON OF A MINOR.  (a)  If an interested person contests an | 
      
        |  | application for the appointment of a guardian of the person of a | 
      
        |  | minor or an interested person seeks the removal of a guardian of the | 
      
        |  | person of a minor, the judge, on the judge's own motion, may | 
      
        |  | transfer all matters related to the guardianship proceeding to a | 
      
        |  | court of competent jurisdiction in which a suit affecting the | 
      
        |  | parent-child relationship under the Family Code is pending. | 
      
        |  | CHAPTER 1023. VENUE | 
      
        |  | Sec. 1023.002.  CONCURRENT VENUE AND TRANSFER FOR WANT OF | 
      
        |  | VENUE.  (a)  If two or more courts have concurrent venue of a | 
      
        |  | guardianship proceeding, the court in which an application for a | 
      
        |  | guardianship proceeding is initially filed has and retains | 
      
        |  | jurisdiction of the proceeding.  A proceeding is considered | 
      
        |  | commenced by the filing of an application alleging facts sufficient | 
      
        |  | to confer venue, and the proceeding initially legally commenced | 
      
        |  | extends to all of the property of the guardianship estate. | 
      
        |  | Sec. 1023.003.  APPLICATION FOR TRANSFER OF GUARDIANSHIP TO | 
      
        |  | ANOTHER COUNTY.  When a guardian or any other person desires to | 
      
        |  | transfer the transaction of the business of the guardianship from | 
      
        |  | one county to another, the person shall file a written application | 
      
        |  | in the court in which the guardianship is pending stating the reason | 
      
        |  | for the transfer. | 
      
        |  | Sec. 1023.004.  NOTICE.  (a)  On filing an application to | 
      
        |  | transfer a guardianship to another county, the sureties on the bond | 
      
        |  | of the guardian shall be cited by personal service to appear and | 
      
        |  | show cause why the application should not be granted. | 
      
        |  | Sec. 1023.005.  COURT ACTION.  (a)  On hearing an | 
      
        |  | application under Section 1023.003, if good cause is not shown to | 
      
        |  | deny the application and it appears that transfer of the | 
      
        |  | guardianship is in the best interests of the ward, the court shall | 
      
        |  | enter an order authorizing the transfer on payment on behalf of the | 
      
        |  | estate of all accrued costs. | 
      
        |  | (b)  In an order entered under Subsection (a), the court | 
      
        |  | shall require the guardian, not later than the 20th day after the | 
      
        |  | date the order is entered, to: | 
      
        |  | (1)  give a new bond payable to the judge of the court | 
      
        |  | to which the guardianship is transferred; or | 
      
        |  | (2)  file a rider to an existing bond noting the court | 
      
        |  | to which the guardianship is transferred. | 
      
        |  | Sec. 1023.006.  TRANSFER OF RECORD.  When an order of | 
      
        |  | transfer is made under Section 1023.005, the clerk shall record any | 
      
        |  | unrecorded papers of the guardianship required to be recorded.  On | 
      
        |  | payment of the clerk's fee, the clerk shall transmit to the county | 
      
        |  | clerk of the county to which the guardianship was ordered | 
      
        |  | transferred: | 
      
        |  | (1)  the case file of the guardianship proceedings; and | 
      
        |  | (2)  a certified copy of the index of the guardianship | 
      
        |  | records. | 
      
        |  | Sec. 1023.007.  TRANSFER EFFECTIVE.  The order transferring | 
      
        |  | a guardianship does not take effect until: | 
      
        |  | (1)  the case file and a certified copy of the index | 
      
        |  | required by Section 1023.006 are filed in the office of the county | 
      
        |  | clerk of the county to which the guardianship was ordered | 
      
        |  | transferred; and | 
      
        |  | (2)  a certificate under the clerk's official seal and | 
      
        |  | reporting the filing of the case file and a certified copy of the | 
      
        |  | index is filed in the court ordering the transfer by the county | 
      
        |  | clerk of the county to which the guardianship was ordered | 
      
        |  | transferred. | 
      
        |  | Sec. 1023.008.  CONTINUATION OF GUARDIANSHIP.  When a | 
      
        |  | guardianship is transferred from one county to another in | 
      
        |  | accordance with this chapter, the guardianship proceeds in the | 
      
        |  | court to which it was transferred as if it had been originally | 
      
        |  | commenced in that court.  It is not necessary to record in the | 
      
        |  | receiving court any of the papers in the case that were recorded in | 
      
        |  | the court from which the case was transferred. | 
      
        |  | Sec. 1023.009.  NEW GUARDIAN APPOINTED ON TRANSFER.  If it | 
      
        |  | appears to the court that transfer of the guardianship is in the | 
      
        |  | best interests of the ward, but that because of the transfer it is | 
      
        |  | not in the best interests of the ward for the guardian of the estate | 
      
        |  | to continue to serve in that capacity, the court may in its order of | 
      
        |  | transfer revoke the letters of guardianship and appoint a new | 
      
        |  | guardian, and the former guardian shall account for and deliver the | 
      
        |  | estate as provided by this title in a case in which a guardian | 
      
        |  | resigns. | 
      
        |  | Sec. 1023.010.  REVIEW OF TRANSFERRED GUARDIANSHIP.  Not | 
      
        |  | later than the 90th day after the date the transfer of the | 
      
        |  | guardianship takes effect under Section 1023.007, the court to | 
      
        |  | which the guardianship was transferred shall hold a hearing to | 
      
        |  | consider modifying the rights, duties, and powers of the guardian | 
      
        |  | or any other provisions of the transferred guardianship. | 
      
        |  | (b)  Subsections (b) and (c), Section 609, Texas Probate | 
      
        |  | Code, are transferred to Chapter 1022, Estates Code, as added by | 
      
        |  | Subsection (a) of this section, and redesignated as Subsections (b) | 
      
        |  | and (c), Section 1022.008, Estates Code. | 
      
        |  | (c)  Section 610, Texas Probate Code, is transferred to | 
      
        |  | Chapter 1023, Estates Code, as added by Subsection (a) of this | 
      
        |  | section, and redesignated as Section 1023.001, Estates Code. | 
      
        |  | (d)  Subsections (b), (c), and (d), Section 611, Texas | 
      
        |  | Probate Code, are transferred to Chapter 1023, Estates Code, as | 
      
        |  | added by Subsection (a) of this section, and redesignated as | 
      
        |  | Subsections (b), (c), and (d), Section 1023.002, Estates Code. | 
      
        |  | (e)  Subsection (b), Section 613, Texas Probate Code, is | 
      
        |  | transferred to Chapter 1023, Estates Code, as added by Subsection | 
      
        |  | (a) of this section, and redesignated as Subsection (b), Section | 
      
        |  | 1023.004, Estates Code. | 
      
        |  | SECTION 6.016.  Section 1051.001, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 13, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1051.001.  ISSUANCE OF NOTICE OR PROCESS IN GENERAL. | 
      
        |  | (a)  Except as provided by Subsection (b), a person is not required | 
      
        |  | to be cited or otherwise given notice in a guardianship proceeding | 
      
        |  | [ matter] except in a situation in which this title expressly | 
      
        |  | provides for citation or the giving of notice. | 
      
        |  | (b)  If this title does not expressly provide for citation or | 
      
        |  | the issuance or return of notice in a guardianship proceeding | 
      
        |  | [ matter], the court may require that notice be given.  A court that | 
      
        |  | requires that notice be given shall prescribe the form and manner of | 
      
        |  | service of the notice and the return of service. | 
      
        |  | (c)  Unless a court order is required by this title, the | 
      
        |  | county clerk without a court order shall issue: | 
      
        |  | (1)  necessary citations, writs, and other process in a | 
      
        |  | guardianship proceeding [ matter]; and | 
      
        |  | (2)  all notices not required to be issued by a | 
      
        |  | guardian. | 
      
        |  | SECTION 6.017.  Section 1051.102, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 6, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by | 
      
        |  | adding Subsection (d) to read as follows: | 
      
        |  | (d)  The citation must contain a clear and conspicuous | 
      
        |  | statement informing those interested persons of the right provided | 
      
        |  | under Section 1051.252 to be notified of any or all motions, | 
      
        |  | applications, or pleadings relating to the application for the | 
      
        |  | guardianship or any subsequent guardianship proceeding involving | 
      
        |  | the ward after the guardianship is created, if any. | 
      
        |  | SECTION 6.018.  Section 1051.103, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 6, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to | 
      
        |  | read as follows: | 
      
        |  | Sec. 1051.103.  SERVICE OF CITATION FOR APPLICATION FOR | 
      
        |  | GUARDIANSHIP.  (a)  The sheriff or other officer shall personally | 
      
        |  | serve citation to appear and answer an application for guardianship | 
      
        |  | on: | 
      
        |  | (1)  a proposed ward who is 12 years of age or older; | 
      
        |  | (2)  the proposed ward's parents, if the whereabouts of | 
      
        |  | the parents are known or can be reasonably ascertained; | 
      
        |  | (3)  any court-appointed conservator or person having | 
      
        |  | control of the care and welfare of the proposed ward; | 
      
        |  | (4)  the proposed ward's spouse, if the whereabouts of | 
      
        |  | the spouse are known or can be reasonably ascertained; and | 
      
        |  | (5)  the person named in the application to be | 
      
        |  | appointed guardian, if that person is not the applicant. | 
      
        |  | (b)  A citation served as provided by Subsection (a) must | 
      
        |  | contain the statement regarding the right under Section 1051.252 | 
      
        |  | that is required in the citation issued under Section 1051.102. | 
      
        |  | SECTION 6.019.  Section 1051.104(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 6, | 
      
        |  | Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  The person filing an application for guardianship shall | 
      
        |  | mail a copy of the application and a notice containing the | 
      
        |  | information required in the citation issued under Section 1051.102 | 
      
        |  | by registered or certified mail, return receipt requested, or by | 
      
        |  | any other form of mail that provides proof of delivery, to the | 
      
        |  | following persons, if their whereabouts are known or can be | 
      
        |  | reasonably ascertained: | 
      
        |  | (1)  each adult child of the proposed ward; | 
      
        |  | (2)  each adult sibling of the proposed ward; | 
      
        |  | (3)  the administrator of a nursing home facility or | 
      
        |  | similar facility in which the proposed ward resides; | 
      
        |  | (4)  the operator of a residential facility in which | 
      
        |  | the proposed ward resides; | 
      
        |  | (5)  a person whom the applicant knows to hold a power | 
      
        |  | of attorney signed by the proposed ward; | 
      
        |  | (6)  a person designated to serve as guardian of the | 
      
        |  | proposed ward by a written declaration under Subchapter E, Chapter | 
      
        |  | 1104, if the applicant knows of the existence of the declaration; | 
      
        |  | (7)  a person designated to serve as guardian of the | 
      
        |  | proposed ward in the probated will of the last surviving parent of | 
      
        |  | the proposed ward; | 
      
        |  | (8)  a person designated to serve as guardian of the | 
      
        |  | proposed ward by a written declaration of the proposed ward's last | 
      
        |  | surviving parent, if the declarant is deceased and the applicant | 
      
        |  | knows of the existence of the declaration; and | 
      
        |  | (9)  each person named as another relative within the | 
      
        |  | third degree by consanguinity [ next of kin] in the application as | 
      
        |  | required by Section 1101.001(b)(11) or (13) if the proposed ward's | 
      
        |  | spouse and each of the proposed ward's parents, adult siblings, and | 
      
        |  | adult children are deceased or there is no spouse, parent, adult | 
      
        |  | sibling, or adult child. | 
      
        |  | SECTION 6.020.  Section 1051.152(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 13, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  A citation or notice in a guardianship proceeding | 
      
        |  | [ matter] that is required to be served by posting and is issued in | 
      
        |  | conformity with this title, and the service of and return of the | 
      
        |  | citation or notice, is valid if: | 
      
        |  | (1)  a sheriff or constable posts a copy of the citation | 
      
        |  | or notice at the location or locations prescribed by this title; and | 
      
        |  | (2)  the posting occurs on a day preceding the return | 
      
        |  | day of service specified in the citation or notice that provides | 
      
        |  | sufficient time for the period the citation or notice must be posted | 
      
        |  | to expire before the specified return day. | 
      
        |  | SECTION 6.021.  The heading to Section 1051.253, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to conform to Chapter | 
      
        |  | 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, to read as follows: | 
      
        |  | Sec. 1051.253.  SERVICE OF NOTICE OF INTENTION TO | 
      
        |  | TAKE DEPOSITIONS IN CERTAIN PROCEEDINGS [ MATTERS]. | 
      
        |  | SECTION 6.022.  Section 1052.051(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 8, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  An application for a guardianship proceeding or a [ ,] | 
      
        |  | complaint, petition, or other paper permitted or required by law to | 
      
        |  | be filed with a court in a guardianship proceeding [ matter] must be | 
      
        |  | filed with the county clerk of the appropriate county. | 
      
        |  | SECTION 6.023.  Section 1053.051, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 9, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1053.051.  APPLICABILITY OF CERTAIN LAWS.  A law | 
      
        |  | regulating costs in ordinary civil cases applies to a guardianship | 
      
        |  | proceeding [ matter] unless otherwise expressly provided by this | 
      
        |  | title. | 
      
        |  | SECTION 6.024.  Section 1053.052(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 9, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  The clerk may require a person who files an application, | 
      
        |  | complaint, or opposition relating to a guardianship proceeding | 
      
        |  | [ matter], other than a guardian, attorney ad litem, or guardian ad | 
      
        |  | litem, to provide security for the probable costs of the | 
      
        |  | [ guardianship] proceeding before filing the application, | 
      
        |  | complaint, or opposition. | 
      
        |  | SECTION 6.025.  The heading to Subchapter C, Chapter 1053, | 
      
        |  | Estates Code, as effective January 1, 2014, is amended to conform to | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER C.  PROCEDURES FOR GUARDIANSHIP PROCEEDINGS [ MATTERS] | 
      
        |  | SECTION 6.026.  Section 1053.101, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 10, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1053.101.  CALLING OF DOCKETS.  The judge in whose court | 
      
        |  | a guardianship proceeding is pending, as determined by the judge, | 
      
        |  | shall: | 
      
        |  | (1)  call guardianship proceedings [ matters] in the | 
      
        |  | proceedings' [ matters'] regular order on both the guardianship and | 
      
        |  | claim dockets; and | 
      
        |  | (2)  issue necessary orders. | 
      
        |  | SECTION 6.027.  Section 1053.102, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 11, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1053.102.  SETTING OF CERTAIN HEARINGS BY CLERK. | 
      
        |  | (a)  If a judge is unable to designate the time and place for | 
      
        |  | hearing a guardianship proceeding [ matter] pending in the judge's | 
      
        |  | court because the judge is absent from the county seat or is on | 
      
        |  | vacation, disqualified, ill, or deceased, the county clerk of the | 
      
        |  | county in which the proceeding [ matter] is pending may: | 
      
        |  | (1)  designate the time and place for hearing; | 
      
        |  | (2)  enter the setting on the judge's docket; and | 
      
        |  | (3)  certify on the docket the reason that the judge is | 
      
        |  | not acting to set the hearing. | 
      
        |  | (b)  If, after the perfection of the service of notices and | 
      
        |  | citations required by law concerning the time and place of hearing, | 
      
        |  | a qualified judge is not present for a hearing set under Subsection | 
      
        |  | (a), the hearing is automatically continued from day to day until a | 
      
        |  | qualified judge is present to hear and make a determination in the | 
      
        |  | proceeding [ determine the matter]. | 
      
        |  | SECTION 6.028.  Section 1053.103, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 16, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1053.103.  RENDERING OF DECISIONS, ORDERS, DECREES, AND | 
      
        |  | JUDGMENTS.  The court shall render a decision, order, decree, or | 
      
        |  | judgment in a guardianship proceeding [ matter] in open court, | 
      
        |  | except as otherwise expressly provided. | 
      
        |  | SECTION 6.029.  Section 1054.002, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 15, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1054.002.  TERM OF APPOINTMENT.  (a)  Unless the court | 
      
        |  | determines that the continued appointment of an attorney ad litem | 
      
        |  | appointed under Section 1054.001 is in the ward's best interests, | 
      
        |  | the attorney's term of appointment expires, without a court order, | 
      
        |  | on the date the court: | 
      
        |  | (1)  appoints a guardian in accordance with Subchapter | 
      
        |  | D, Chapter 1101; | 
      
        |  | (2)  appoints a successor guardian; or | 
      
        |  | (3) [ (2)]  denies the application for appointment of a | 
      
        |  | guardian. | 
      
        |  | (b)  The term of appointment of an attorney ad litem | 
      
        |  | appointed under Section 1054.001 continues after the court appoints | 
      
        |  | a temporary guardian under Chapter 1251 unless a court order | 
      
        |  | provides for the termination or expiration of the attorney ad | 
      
        |  | litem's appointment. | 
      
        |  | SECTION 6.030.  Subchapter A, Chapter 1054, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 7, | 
      
        |  | Chapter 599 (S.B. 220), and Chapter 1085 (S.B. 1196), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, by adding Section 1054.006 | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1054.006.  REPRESENTATION OF WARD OR PROPOSED WARD BY | 
      
        |  | ATTORNEY.  (a)  The following persons may at any time retain an | 
      
        |  | attorney who holds a certificate required by Subchapter E to | 
      
        |  | represent the person's interests in a guardianship proceeding | 
      
        |  | instead of having those interests represented by an attorney ad | 
      
        |  | litem appointed under Section 1054.001 or another provision of this | 
      
        |  | title: | 
      
        |  | (1)  a ward who retains the power to enter into a | 
      
        |  | contract under the terms of the guardianship, subject to Section | 
      
        |  | 1202.103; and | 
      
        |  | (2)  a proposed ward for purposes of a proceeding for | 
      
        |  | the appointment of a guardian as long as the proposed ward has | 
      
        |  | capacity to contract. | 
      
        |  | (b)  If the court finds that the ward or the proposed ward has | 
      
        |  | capacity to contract, the court may remove an attorney ad litem | 
      
        |  | appointed under Section 1054.001 or any other provision of this | 
      
        |  | title that requires the court to appoint an attorney ad litem to | 
      
        |  | represent the interests of a ward or proposed ward and appoint a | 
      
        |  | ward or a proposed ward's retained counsel. | 
      
        |  | SECTION 6.031.  Section 1055.002, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 14, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1055.002.  DEFECT IN PLEADING.  A court may not | 
      
        |  | invalidate a pleading in a guardianship proceeding [ matter], or an | 
      
        |  | order based on the pleading, on the basis of a defect of form or | 
      
        |  | substance in the pleading unless a timely objection has been made | 
      
        |  | against the defect and the defect has been called to the attention | 
      
        |  | of the court in which the proceeding was or is pending. | 
      
        |  | SECTION 6.032.  Subchapter B, Chapter 1055, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 17 and | 
      
        |  | other provisions of Chapter 1085 (S.B. 1196), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, by adding Section 1055.053 to | 
      
        |  | read as follows: | 
      
        |  | Sec. 1055.053.  LOCATION OF HEARING.  (a)  Except as | 
      
        |  | provided by Subsection (b), the judge may hold a hearing on a | 
      
        |  | guardianship proceeding involving an adult ward or adult proposed | 
      
        |  | ward at any suitable location in the county in which the | 
      
        |  | guardianship proceeding is pending.  The hearing should be held in a | 
      
        |  | physical setting that is not likely to have a harmful effect on the | 
      
        |  | ward or proposed ward. | 
      
        |  | (b)  On the request of the adult proposed ward, the adult | 
      
        |  | ward, or the attorney of the proposed ward or ward, the hearing may | 
      
        |  | not be held under the authority of this section at a place other | 
      
        |  | than the courthouse. | 
      
        |  | SECTION 6.033.  The heading to Section 1056.001, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to conform to Chapter | 
      
        |  | 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, to read as follows: | 
      
        |  | Sec. 1056.001.  EXECUTIONS IN GUARDIANSHIP PROCEEDINGS | 
      
        |  | [ MATTERS]. | 
      
        |  | SECTION 6.034.  Sections 1056.001(a) and (b), Estates Code, | 
      
        |  | as effective January 1, 2014, are amended to conform to Section 18, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  An execution in a guardianship proceeding [ matter] must | 
      
        |  | be: | 
      
        |  | (1)  directed "to any sheriff or any constable within | 
      
        |  | the State of Texas"; | 
      
        |  | (2)  attested and signed by the clerk officially under | 
      
        |  | court seal; and | 
      
        |  | (3)  made returnable in 60 days. | 
      
        |  | (b)  A proceeding under an execution in a guardianship | 
      
        |  | proceeding [ matter] is governed, to the extent applicable, by the | 
      
        |  | laws regulating a proceeding under an execution issued by a | 
      
        |  | district court. | 
      
        |  | SECTION 6.035.  Section 1101.001(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 9, | 
      
        |  | Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  The application must be sworn to by the applicant and | 
      
        |  | state: | 
      
        |  | (1)  the proposed ward's name, sex, date of birth, and | 
      
        |  | address; | 
      
        |  | (2)  the name, relationship, and address of the person | 
      
        |  | the applicant seeks to have appointed as guardian; | 
      
        |  | (3)  whether guardianship of the person or estate, or | 
      
        |  | both, is sought; | 
      
        |  | (4)  the nature and degree of the alleged incapacity, | 
      
        |  | the specific areas of protection and assistance requested, and the | 
      
        |  | limitation or termination of rights requested to be included in the | 
      
        |  | court's order of appointment, including a termination of: | 
      
        |  | (A)  the right of a proposed ward who is 18 years | 
      
        |  | of age or older to vote in a public election; and | 
      
        |  | (B)  the proposed ward's eligibility to hold or | 
      
        |  | obtain a license to operate a motor vehicle under Chapter 521, | 
      
        |  | Transportation Code; | 
      
        |  | (5)  the facts requiring the appointment of a guardian; | 
      
        |  | (6)  the interest of the applicant in the appointment | 
      
        |  | of a guardian; | 
      
        |  | (7)  the nature and description of any kind of | 
      
        |  | guardianship existing for the proposed ward in any other state; | 
      
        |  | (8)  the name and address of any person or institution | 
      
        |  | having the care and custody of the proposed ward; | 
      
        |  | (9)  the approximate value and description of the | 
      
        |  | proposed ward's property, including any compensation, pension, | 
      
        |  | insurance, or allowance to which the proposed ward may be entitled; | 
      
        |  | (10)  the name and address of any person whom the | 
      
        |  | applicant knows to hold a power of attorney signed by the proposed | 
      
        |  | ward and a description of the type of power of attorney; | 
      
        |  | (11)  for a proposed ward who is a minor, the following | 
      
        |  | information if known by the applicant: | 
      
        |  | (A)  the name of each of the proposed ward's | 
      
        |  | parents and either the parent's address or that the parent is | 
      
        |  | deceased; | 
      
        |  | (B)  the name and age of each of the proposed | 
      
        |  | ward's siblings, if any, and either the sibling's address or that | 
      
        |  | the sibling is deceased; and | 
      
        |  | (C)  if each of the proposed ward's parents and | 
      
        |  | adult siblings are deceased, the names and addresses of the | 
      
        |  | proposed ward's other living relatives who are related to the | 
      
        |  | proposed ward within the third degree by consanguinity and [ next of  | 
      
        |  | kin] who are adults; | 
      
        |  | (12)  for a proposed ward who is a minor, whether the | 
      
        |  | minor was the subject of a legal or conservatorship proceeding in | 
      
        |  | the preceding two years and, if so: | 
      
        |  | (A)  the court involved; | 
      
        |  | (B)  the nature of the proceeding; and | 
      
        |  | (C)  any final disposition of the proceeding; | 
      
        |  | (13)  for a proposed ward who is an adult, the following | 
      
        |  | information if known by the applicant: | 
      
        |  | (A)  the name of the proposed ward's spouse, if | 
      
        |  | any, and either the spouse's address or that the spouse is deceased; | 
      
        |  | (B)  the name of each of the proposed ward's | 
      
        |  | parents and either the parent's address or that the parent is | 
      
        |  | deceased; | 
      
        |  | (C)  the name and age of each of the proposed | 
      
        |  | ward's siblings, if any, and either the sibling's address or that | 
      
        |  | the sibling is deceased; | 
      
        |  | (D)  the name and age of each of the proposed | 
      
        |  | ward's children, if any, and either the child's address or that the | 
      
        |  | child is deceased; and | 
      
        |  | (E)  if there is no living spouse, parent, adult | 
      
        |  | sibling, or adult child of the proposed ward, the names and | 
      
        |  | addresses of the proposed ward's other living relatives who are | 
      
        |  | related to the proposed ward within the third degree by | 
      
        |  | consanguinity and [ next of kin] who are adults; | 
      
        |  | (14)  facts showing that the court has venue of the | 
      
        |  | proceeding; and | 
      
        |  | (15)  if applicable, that the person whom the applicant | 
      
        |  | seeks to have appointed as a guardian is a private professional | 
      
        |  | guardian who is certified under Subchapter C, Chapter 111, | 
      
        |  | Government Code, and has complied with the requirements of | 
      
        |  | Subchapter G, Chapter 1104. | 
      
        |  | SECTION 6.036.  Section 1101.104, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 22, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1101.104.  EXAMINATIONS AND DOCUMENTATION REGARDING | 
      
        |  | MENTAL RETARDATION.  If mental retardation is the basis of the | 
      
        |  | proposed ward's alleged incapacity, the court may not grant an | 
      
        |  | application to create a guardianship for the proposed ward unless | 
      
        |  | the applicant presents to the court a written letter or certificate | 
      
        |  | that: | 
      
        |  | (1)  [ a written letter or certificate that: | 
      
        |  | [ (A)]  complies with Sections 1101.103(a) and | 
      
        |  | (b); [ and | 
      
        |  | [ (B)  states that the physician has made a  | 
      
        |  | determination of mental retardation in accordance with Section  | 
      
        |  | 593.005, Health and Safety Code;] or | 
      
        |  | (2)  shows that [ both]: | 
      
        |  | (A)  [ written documentation showing that,] not | 
      
        |  | earlier than 24 months before the hearing date, the proposed ward | 
      
        |  | has been examined by a physician or psychologist licensed in this | 
      
        |  | state or certified by the Department of Aging and Disability | 
      
        |  | Services to perform the examination, in accordance with rules of | 
      
        |  | the executive commissioner of the Health and Human Services | 
      
        |  | Commission governing examinations of that kind; and | 
      
        |  | (B)  the physician's or psychologist's written | 
      
        |  | findings and recommendations to the court include[ , including] a | 
      
        |  | statement as to whether the physician or psychologist has made a | 
      
        |  | determination of mental retardation in accordance with Section | 
      
        |  | 593.005, Health and Safety Code. | 
      
        |  | SECTION 6.037.  Section 1103.002, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 21, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1103.002.  APPOINTMENT OF CONSERVATOR AS GUARDIAN | 
      
        |  | WITHOUT HEARING.  (a)  Notwithstanding any other law, if the | 
      
        |  | applicant who files an application under Section 1101.001 or | 
      
        |  | 1103.001 is a person who was appointed conservator of a disabled | 
      
        |  | child and the proceeding is a guardianship proceeding described by | 
      
        |  | Section 1002.015(1) in which the proposed ward is the incapacitated | 
      
        |  | adult with respect to whom another court obtained continuing, | 
      
        |  | exclusive jurisdiction in a suit affecting the parent-child | 
      
        |  | relationship when the person was a child [ for whom a court obtains  | 
      
        |  | jurisdiction under Section 606(k)], the applicant may present to | 
      
        |  | the court a written letter or certificate that meets the | 
      
        |  | requirements of Sections 1101.103(a) and (b). | 
      
        |  | (b)  If, on receipt of the letter or certificate described by | 
      
        |  | Subsection (a), the court is able to make the findings required by | 
      
        |  | Section 1101.101, the court, notwithstanding Subchapter C, Chapter | 
      
        |  | 1104, shall: | 
      
        |  | (1)  appoint the conservator as guardian without | 
      
        |  | conducting a hearing; and | 
      
        |  | (2)  to the extent possible preserve the terms of | 
      
        |  | possession and access to the ward that applied before the court | 
      
        |  | obtained jurisdiction of the guardianship proceeding [ under  | 
      
        |  | Section 606(k)]. | 
      
        |  | SECTION 6.038.  Section 1104.254, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 10, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to | 
      
        |  | read as follows: | 
      
        |  | Sec. 1104.254.  EXCEPTION FOR CERTAIN VOLUNTEERS.  An | 
      
        |  | individual volunteering with a guardianship program or with the | 
      
        |  | Department of Aging and Disability Services is not required to be | 
      
        |  | certified as provided by Section 1104.251 to provide guardianship | 
      
        |  | services or other services under Section 161.114, Human Resources | 
      
        |  | Code, on the program's or the department's behalf. | 
      
        |  | SECTION 6.039.  Section 1104.352, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to more closely conform to the source | 
      
        |  | law from which the section was derived to read as follows: | 
      
        |  | Sec. 1104.352.  UNSUITABILITY.  A person may not be | 
      
        |  | appointed guardian if the person is a person, institution, or | 
      
        |  | corporation found by the court [ finds the person] to be unsuitable. | 
      
        |  | SECTION 6.040.  Section 1151.053(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 26, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  A guardian of a person younger than 18 [ 16] years of age | 
      
        |  | may voluntarily admit the ward [ an incapacitated person] to a | 
      
        |  | public or private inpatient psychiatric facility for care and | 
      
        |  | treatment. | 
      
        |  | SECTION 6.041.  Section 1154.051(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 23, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  Not later than the 30th day after the date the guardian | 
      
        |  | of the estate qualifies, unless a longer period is granted by the | 
      
        |  | court, the guardian shall file with the court clerk a single written | 
      
        |  | instrument that contains a verified, full, and detailed inventory | 
      
        |  | of all the ward's property that has come into the guardian's | 
      
        |  | possession or of which the guardian has knowledge.  The inventory | 
      
        |  | must: | 
      
        |  | (1)  include: | 
      
        |  | (A)  all the ward's real property located in this | 
      
        |  | state; and | 
      
        |  | (B)  all the ward's personal property regardless | 
      
        |  | of where the property is located; and | 
      
        |  | (2)  specify: | 
      
        |  | (A)  which portion of the property is separate | 
      
        |  | property and which is community property; and | 
      
        |  | (B)  if the property is owned in common with other | 
      
        |  | persons, the ward's interest in that property [ and the names and  | 
      
        |  | relationship, if known, of the co-owners]. | 
      
        |  | SECTION 6.042.  Section 1154.052, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 24, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1154.052.  LIST OF CLAIMS.  The guardian of the estate | 
      
        |  | shall make and attach to the inventory and appraisement required by | 
      
        |  | Section 1154.051 a complete list of claims due or owing to the ward. | 
      
        |  | The list of claims must state: | 
      
        |  | (1)  the name and, if known, address of each person | 
      
        |  | indebted to the ward; and | 
      
        |  | (2)  regarding each claim: | 
      
        |  | (A)  the nature of the debt, whether it is a note, | 
      
        |  | bill, bond, or other written obligation, or whether it is an account | 
      
        |  | or verbal contract; | 
      
        |  | (B)  the date the debt was incurred; | 
      
        |  | (C)  the date the debt was or is due; | 
      
        |  | (D)  the amount of the claim, the rate of interest | 
      
        |  | on the claim, and the period for which the claim bears interest; and | 
      
        |  | (E)  if any portion of the claim is held in common | 
      
        |  | with others, the interest of the estate in the claim [ and the names  | 
      
        |  | and relationships of the other part owners]. | 
      
        |  | SECTION 6.043.  Section 1155.101, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 19, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1155.101.  REIMBURSEMENT OF EXPENSES IN GENERAL.  A | 
      
        |  | guardian is entitled to reimbursement from the guardianship estate | 
      
        |  | for all necessary and reasonable expenses incurred in performing | 
      
        |  | any duty as a guardian, including reimbursement for the payment of | 
      
        |  | reasonable attorney's fees necessarily incurred by the guardian in | 
      
        |  | connection with the management of the estate  or any other | 
      
        |  | [ guardianship] matter in the guardianship. | 
      
        |  | SECTION 6.044.  The heading to Section 1155.151, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to conform to Chapter | 
      
        |  | 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, to read as follows: | 
      
        |  | Sec. 1155.151.  COST OF GUARDIANSHIP PROCEEDING [ IN  | 
      
        |  | GUARDIANSHIP MATTER]. | 
      
        |  | SECTION 6.045.  Section 1155.151(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 20, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, and to more closely conform to the source law from | 
      
        |  | which the section was derived to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (b), in a guardianship | 
      
        |  | proceeding, the cost of the proceeding [ in a guardianship matter], | 
      
        |  | including the cost of the guardian ad litem or court visitor, shall | 
      
        |  | be paid out of the guardianship estate, or the cost of the | 
      
        |  | proceeding shall be paid out of the county treasury if the estate is | 
      
        |  | insufficient to pay the cost, and the court shall issue the judgment | 
      
        |  | accordingly. | 
      
        |  | SECTION 6.046.  Section 1155.201(1), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 8, | 
      
        |  | Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (1)  "Applied income" means the portion of the earned | 
      
        |  | and unearned income of a recipient of medical assistance, or if | 
      
        |  | applicable the recipient and the recipient's spouse, that is paid | 
      
        |  | under the medical assistance program to an institution or long-term | 
      
        |  | care facility [ a nursing home] in which the recipient resides. | 
      
        |  | SECTION 6.047.  Section 1155.202, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 8, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to | 
      
        |  | read as follows: | 
      
        |  | Sec. 1155.202.  COMPENSATION AND COSTS PAYABLE UNDER MEDICAL | 
      
        |  | ASSISTANCE PROGRAM.  (a)  Notwithstanding any other provision of | 
      
        |  | this title and to the extent permitted by federal law, a court that | 
      
        |  | appoints a guardian for a recipient of medical assistance who has | 
      
        |  | applied income may order the following to be deducted as an | 
      
        |  | additional personal needs allowance in the computation of the | 
      
        |  | recipient's applied income in accordance with Section 32.02451, | 
      
        |  | Human Resources Code [ paid under the medical assistance program]: | 
      
        |  | (1)  compensation to the guardian in an amount not to | 
      
        |  | exceed $175 per month; | 
      
        |  | (2)  costs directly related to establishing or | 
      
        |  | terminating the guardianship, not to exceed $1,000 except as | 
      
        |  | provided by Subsection (b); and | 
      
        |  | (3)  other administrative costs related to the | 
      
        |  | guardianship, not to exceed $1,000 during any three-year period. | 
      
        |  | (b)  Costs ordered to be deducted [ paid] under Subsection | 
      
        |  | (a)(2) may include compensation and expenses for an attorney ad | 
      
        |  | litem or guardian ad litem and reasonable attorney's fees for an | 
      
        |  | attorney representing the guardian.  The costs ordered to be paid | 
      
        |  | may exceed $1,000 if the costs in excess of that amount are | 
      
        |  | supported by documentation acceptable to the court and the costs | 
      
        |  | are approved by the court. | 
      
        |  | (c)  A court may not order: | 
      
        |  | (1)  that the deduction for compensation and costs | 
      
        |  | under Subsection (a) take effect before the later of: | 
      
        |  | (A)  the month in which the court order issued | 
      
        |  | under that subsection is signed; or | 
      
        |  | (B)  the first month of medical assistance | 
      
        |  | eligibility for which the recipient is subject to a copayment; or | 
      
        |  | (2)  a deduction for services provided before the | 
      
        |  | effective date of the deduction as provided by Subdivision (1). | 
      
        |  | SECTION 6.048.  The heading to Chapter 1162, Estates Code, | 
      
        |  | as effective January 1, 2014, is amended to conform to Section 27, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | CHAPTER 1162.  TAX-MOTIVATED, [ AND] CHARITABLE, [AND] NONPROFIT, | 
      
        |  | AND OTHER GIFTS | 
      
        |  | SECTION 6.049.  The heading to Subchapter A, Chapter 1162, | 
      
        |  | Estates Code, as effective January 1, 2014, is amended to conform to | 
      
        |  | Section 28, Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER A.  CERTAIN [ TAX-MOTIVATED] GIFTS AND TRANSFERS | 
      
        |  | SECTION 6.050.  Section 1162.001, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 29, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1162.001.  AUTHORITY TO ESTABLISH ESTATE OR OTHER | 
      
        |  | TRANSFER PLAN.  On application of the guardian of the estate or any | 
      
        |  | interested person [ party], after the posting of notice and hearing, | 
      
        |  | and on a showing that the ward will probably remain incapacitated | 
      
        |  | during the ward's lifetime, the court may enter an order that | 
      
        |  | authorizes the guardian to apply the principal or income of the | 
      
        |  | ward's estate that is not required for the support of the ward or | 
      
        |  | the ward's family during the ward's lifetime toward the | 
      
        |  | establishment of an estate plan for the purpose of minimizing | 
      
        |  | income, estate, inheritance, or other taxes payable out of the | 
      
        |  | ward's estate, or to transfer a portion of the ward's estate as | 
      
        |  | necessary to qualify the ward for government benefits and only to | 
      
        |  | the extent allowed by applicable state or federal laws, including | 
      
        |  | rules, regarding those benefits.  On the ward's behalf, the court | 
      
        |  | may authorize the guardian to make gifts or transfers described by | 
      
        |  | this section, outright or in trust, of the ward's [ personal] | 
      
        |  | property [ or real estate] to or for the benefit of: | 
      
        |  | (1)  an organization to which charitable contributions | 
      
        |  | may be made under the Internal Revenue Code of 1986 and in which it | 
      
        |  | is shown the ward would reasonably have an interest; | 
      
        |  | (2)  the ward's spouse, descendant, or other person | 
      
        |  | related to the ward by blood or marriage who is identifiable at the | 
      
        |  | time of the order; | 
      
        |  | (3)  a devisee under the ward's last validly executed | 
      
        |  | will, trust, or other beneficial instrument, if the instrument | 
      
        |  | exists; and | 
      
        |  | (4)  a person serving as guardian of the ward, if the | 
      
        |  | person is eligible under Subdivision (2) or (3). | 
      
        |  | SECTION 6.051.  Section 1162.002, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 29, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1162.002.  ESTATE OR OTHER TRANSFER PLAN:  CONTENTS AND | 
      
        |  | MODIFICATION.  (a)  The person making an application to the court | 
      
        |  | under Section 1162.001 shall: | 
      
        |  | (1)  outline the proposed estate or other transfer | 
      
        |  | plan; and | 
      
        |  | (2)  state all the benefits that are to be derived from | 
      
        |  | the [ estate] plan. | 
      
        |  | (b)  The application must indicate that the planned | 
      
        |  | disposition is consistent with the ward's intentions, if the ward's | 
      
        |  | intentions can be ascertained.  If the ward's intentions cannot be | 
      
        |  | ascertained, the ward will be presumed to favor reduction in the | 
      
        |  | incidence of the various forms of taxation, the qualification for | 
      
        |  | government benefits, and the partial distribution of the ward's | 
      
        |  | estate as provided by Sections 1162.001 and 1162.004. | 
      
        |  | (c)  A subsequent modification of an approved [ estate] plan | 
      
        |  | may be made by similar application to the court. | 
      
        |  | SECTION 6.052.  The heading to Section 1162.003, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to conform to Chapter | 
      
        |  | 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, to read as follows: | 
      
        |  | Sec. 1162.003.  NOTICE OF APPLICATION FOR ESTABLISHMENT OF | 
      
        |  | ESTATE OR OTHER TRANSFER PLAN. | 
      
        |  | SECTION 6.053.  Section 1203.051, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 11, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, to | 
      
        |  | read as follows: | 
      
        |  | Sec. 1203.051.  REMOVAL WITHOUT NOTICE; APPOINTMENT OF | 
      
        |  | GUARDIAN AD LITEM AND ATTORNEY AD LITEM.  (a)  The court, on the | 
      
        |  | court's own motion or on the motion of an interested person, | 
      
        |  | including the ward, and without notice, may remove a guardian | 
      
        |  | appointed under this title who: | 
      
        |  | (1)  neglects to qualify in the manner and time | 
      
        |  | required by law; | 
      
        |  | (2)  fails to return, not later than the 30th day after | 
      
        |  | the date the guardian qualifies, an inventory of the guardianship | 
      
        |  | estate property and a list of claims that have come to the | 
      
        |  | guardian's knowledge, unless that deadline is extended by court | 
      
        |  | order; | 
      
        |  | (3)  if required, fails to give a new bond within the | 
      
        |  | period prescribed; | 
      
        |  | (4)  is absent from the state for a consecutive period | 
      
        |  | of three or more months without the court's permission, or removes | 
      
        |  | from the state; | 
      
        |  | (5)  cannot be served with notices or other processes | 
      
        |  | because: | 
      
        |  | (A)  the guardian's whereabouts are unknown; | 
      
        |  | (B)  the guardian is eluding service; or | 
      
        |  | (C)  the guardian is a nonresident of this state | 
      
        |  | who does not have a resident agent to accept service of process in | 
      
        |  | any guardianship proceeding or other matter relating to the | 
      
        |  | guardianship; | 
      
        |  | (6)  subject to Section 1203.056(a): | 
      
        |  | (A)  has misapplied, embezzled, or removed from | 
      
        |  | the state, or is about to misapply, embezzle, or remove from the | 
      
        |  | state, any of the property entrusted to the guardian's care; or | 
      
        |  | (B)  has engaged in conduct with respect to the | 
      
        |  | ward that would be considered to be abuse, neglect, or | 
      
        |  | exploitation, as those terms are defined by Section 48.002, Human | 
      
        |  | Resources Code, if engaged in with respect to an elderly or disabled | 
      
        |  | person, as defined by that section [ neglected or cruelly treated a  | 
      
        |  | ward]; or | 
      
        |  | (7)  has neglected to educate or maintain the ward as | 
      
        |  | liberally as the means of the ward and the condition of the ward's | 
      
        |  | estate permit. | 
      
        |  | (b)  In a proceeding to remove a guardian under Subsection | 
      
        |  | (a)(6) or (7), the court shall appoint a guardian ad litem as | 
      
        |  | provided by Subchapter B, Chapter 1054, and an attorney ad litem. | 
      
        |  | The attorney ad litem has the duties prescribed by Section | 
      
        |  | 1054.004.  In the interest of judicial economy, the court may | 
      
        |  | appoint the same person as guardian ad litem and attorney ad litem | 
      
        |  | unless a conflict exists between the interests to be represented by | 
      
        |  | the guardian ad litem and attorney ad litem. | 
      
        |  | SECTION 6.054.  Section 1203.052(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 11, | 
      
        |  | Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  The court may remove a guardian on the court's own | 
      
        |  | motion, or on the complaint of an interested person, after the | 
      
        |  | guardian has been cited by personal service to answer at a time and | 
      
        |  | place set in the notice, if: | 
      
        |  | (1)  sufficient grounds appear to support a belief that | 
      
        |  | the guardian has misapplied, embezzled, or removed from the state, | 
      
        |  | or is about to misapply, embezzle, or remove from the state, any of | 
      
        |  | the property entrusted to the guardian's care; | 
      
        |  | (2)  the guardian fails to return any account or report | 
      
        |  | that is required by law to be made; | 
      
        |  | (3)  the guardian fails to obey a proper order of the | 
      
        |  | court that has jurisdiction with respect to the performance of the | 
      
        |  | guardian's duties; | 
      
        |  | (4)  the guardian is proved to have been guilty of gross | 
      
        |  | misconduct or mismanagement in the performance of the guardian's | 
      
        |  | duties; | 
      
        |  | (5)  the guardian: | 
      
        |  | (A)  becomes incapacitated; | 
      
        |  | (B)  is sentenced to the penitentiary; or | 
      
        |  | (C)  from any other cause, becomes incapable of | 
      
        |  | properly performing the duties of the guardian's trust; | 
      
        |  | (6)  the guardian has engaged in conduct with respect | 
      
        |  | to the ward that would be considered to be abuse, neglect, or | 
      
        |  | exploitation, as those terms are defined by Section 48.002, Human | 
      
        |  | Resources Code, if engaged in with respect to an elderly or disabled | 
      
        |  | person, as defined by that section [ neglects or cruelly treats the  | 
      
        |  | ward]; | 
      
        |  | (7)  the guardian neglects to educate or maintain the | 
      
        |  | ward as liberally as the means of the ward's estate and the ward's | 
      
        |  | ability or condition permit; | 
      
        |  | (8)  the guardian interferes with the ward's progress | 
      
        |  | or participation in programs in the community; | 
      
        |  | (9)  the guardian fails to comply with the requirements | 
      
        |  | of Subchapter G, Chapter 1104; | 
      
        |  | (10)  the court determines that, because of the | 
      
        |  | dissolution of the joint guardians' marriage, the termination of | 
      
        |  | the guardians' joint appointment and the continuation of only one | 
      
        |  | of the joint guardians as the sole guardian is in the best interest | 
      
        |  | of the ward; or | 
      
        |  | (11)  the guardian would be ineligible for appointment | 
      
        |  | as a guardian under Subchapter H, Chapter 1104. | 
      
        |  | SECTION 6.055.  Subchapter B, Chapter 1203, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 1, | 
      
        |  | Chapter 1218 (S.B. 481), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, by adding Section 1203.0531 to read as follows: | 
      
        |  | Sec. 1203.0531.  NOTICE OF REMOVAL ORDER.  The court clerk | 
      
        |  | shall issue notice of an order rendered by the court removing a | 
      
        |  | guardian under Section 1203.051(a)(1), (2), (3), (4), (6), or (7). | 
      
        |  | The notice must: | 
      
        |  | (1)  state the names of the ward and the removed | 
      
        |  | guardian; | 
      
        |  | (2)  state the date the court signed the order of | 
      
        |  | removal; | 
      
        |  | (3)  contain the following statement printed in | 
      
        |  | 12-point bold font: | 
      
        |  | "If you have been removed from serving as guardian under | 
      
        |  | Section 1203.051(a)(6)(A) or (B), Estates Code, you have the right | 
      
        |  | to contest the order of removal by filing an application with the | 
      
        |  | court for a hearing under Section 1203.056, Estates Code, to | 
      
        |  | determine whether you should be reinstated as guardian.  The | 
      
        |  | application must be filed not later than the 30th day after the date | 
      
        |  | the court signed the order of removal."; | 
      
        |  | (4)  contain as an attachment a copy of the order of | 
      
        |  | removal; and | 
      
        |  | (5)  be personally served on the removed guardian not | 
      
        |  | later than the seventh day after the date the court signed the order | 
      
        |  | of removal. | 
      
        |  | SECTION 6.056.  Sections 1203.056(a), (b), and (e), Estates | 
      
        |  | Code, as effective January 1, 2014, are amended to conform to | 
      
        |  | Section 11, Chapter 599 (S.B. 220), and Section 2, Chapter 1218 | 
      
        |  | (S.B. 481), Acts of the 82nd Legislature, Regular Session, 2011, to | 
      
        |  | read as follows: | 
      
        |  | (a)  The court may remove a guardian under Section | 
      
        |  | 1203.051(a)(6)(A) [ 1203.051(6)(A)] or (B) only on the presentation | 
      
        |  | of clear and convincing evidence given under oath. | 
      
        |  | (b)  Not later than the 30th [ 10th] day after the date the | 
      
        |  | court signs the order of removal, a guardian who is removed under | 
      
        |  | Section 1203.051(a)(6)(A) [ 1203.051(6)(A)] or (B) may file an | 
      
        |  | application with the court for a hearing to determine whether the | 
      
        |  | guardian should be reinstated. | 
      
        |  | (e)  The court shall hold a hearing on an application for | 
      
        |  | reinstatement under this section as soon as practicable after the | 
      
        |  | application is filed, but not later than the 60th day after the date | 
      
        |  | the court signed the order of removal.  If, at the conclusion of the | 
      
        |  | [ a] hearing [under this section], the court is satisfied by a | 
      
        |  | preponderance of the evidence that the applicant did not engage in | 
      
        |  | the conduct that directly led to the applicant's removal, the court | 
      
        |  | shall: | 
      
        |  | (1)  set aside any order appointing a successor | 
      
        |  | guardian; and | 
      
        |  | (2)  enter an order reinstating the applicant as | 
      
        |  | guardian of the ward or estate. | 
      
        |  | SECTION 6.057.  The heading to Section 1203.102, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to conform to Section | 
      
        |  | 11, Chapter 599 (S.B. 220), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | Sec. 1203.102.  APPOINTMENT BECAUSE OF RESIGNATION, | 
      
        |  | REMOVAL, OR DEATH; HEARING TO SET ASIDE IMMEDIATE APPOINTMENT. | 
      
        |  | SECTION 6.058.  Section 1203.102, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 11, Chapter 599 | 
      
        |  | (S.B. 220), Acts of the 82nd Legislature, Regular Session, 2011, by | 
      
        |  | amending Subsection (b) and adding Subsections (c) and (d) to read | 
      
        |  | as follows: | 
      
        |  | (b)  The court may appoint a successor guardian under this | 
      
        |  | section without citation or notice if the court finds that a | 
      
        |  | necessity exists for the immediate appointment.  Subject to an | 
      
        |  | order of the court, a successor guardian has the rights and powers | 
      
        |  | of the removed guardian. | 
      
        |  | (c)  The appointment of a successor guardian under | 
      
        |  | Subsection (b) does not preclude an interested person from filing | 
      
        |  | an application to be appointed guardian of the ward for whom the | 
      
        |  | successor guardian was appointed.  The court shall hold a hearing on | 
      
        |  | an application filed under the circumstances described by this | 
      
        |  | subsection.  At the conclusion of the hearing, the court may set | 
      
        |  | aside the appointment of the successor guardian and appoint the | 
      
        |  | applicant as the ward's guardian if the applicant is not | 
      
        |  | disqualified and after considering the requirements of Subchapter B | 
      
        |  | or C, Chapter 1104, as applicable. | 
      
        |  | (d)  If the court sets aside the appointment of the successor | 
      
        |  | guardian under this section, the court may require the successor | 
      
        |  | guardian to prepare and file, under oath, an accounting of the | 
      
        |  | estate and to detail the disposition the successor has made of the | 
      
        |  | estate property. | 
      
        |  | SECTION 6.059.  Sections 1204.001(b) and (e), Estates Code, | 
      
        |  | as effective January 1, 2014, are amended to conform to Section 25, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  A guardianship of the estate of a ward shall be settled | 
      
        |  | when: | 
      
        |  | (1)  the ward dies; | 
      
        |  | (2)  a minor ward becomes an adult by: | 
      
        |  | (A)  becoming 18 years of age; | 
      
        |  | (B)  removal of disabilities of minority | 
      
        |  | according to the law of this state; or | 
      
        |  | (C)  marriage; | 
      
        |  | (3)  an incapacitated ward is decreed as provided by | 
      
        |  | law to have been restored to full legal capacity; | 
      
        |  | (4)  the spouse of a married ward has qualified as | 
      
        |  | survivor in community and the ward does not own separate property; | 
      
        |  | (5)  the ward's estate is exhausted; | 
      
        |  | (6)  the foreseeable income accruing to the ward or to | 
      
        |  | the ward's estate is so negligible that maintaining the | 
      
        |  | guardianship in force would be burdensome; | 
      
        |  | (7)  all of the assets of the estate have been placed in | 
      
        |  | a management trust under Chapter 1301 or have been transferred to a | 
      
        |  | pooled trust subaccount in accordance with a court order issued as | 
      
        |  | provided by Chapter 1302, and the court determines that a | 
      
        |  | guardianship of [ for] the ward's estate [ward] is no longer | 
      
        |  | necessary; or | 
      
        |  | (8)  the court determines for any other reason that a | 
      
        |  | guardianship for the ward is no longer necessary. | 
      
        |  | (e)  In the settlement of a guardianship of the estate, the | 
      
        |  | court may appoint an attorney ad litem to represent the ward's | 
      
        |  | interests and may allow the attorney ad litem reasonable | 
      
        |  | compensation to be taxed as costs [ for services provided by the  | 
      
        |  | attorney out of the ward's estate]. | 
      
        |  | SECTION 6.060.  Section 1301.051, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 30, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1301.051.  ELIGIBILITY TO APPLY FOR CREATION OF TRUST. | 
      
        |  | The following persons may apply for the creation of a trust under | 
      
        |  | this subchapter: | 
      
        |  | (1)  the guardian of a ward; | 
      
        |  | (2)  an attorney ad litem or guardian ad litem | 
      
        |  | appointed to represent a ward or the ward's interests; | 
      
        |  | (3)  a person interested in the welfare of an alleged | 
      
        |  | incapacitated person who does not have a guardian [ of the estate]; | 
      
        |  | [ or] | 
      
        |  | (4)  an attorney ad litem or guardian ad litem | 
      
        |  | appointed to represent[ : | 
      
        |  | [ (A)]  an alleged incapacitated person who does | 
      
        |  | not have a guardian; or | 
      
        |  | (5)  a person who has only a physical disability | 
      
        |  | [ (B)  the interests of a person described by Paragraph (A)]. | 
      
        |  | SECTION 6.061.  Section 1301.052(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform a reference to a | 
      
        |  | redesignation made by Section 6.015(c) of this Act to read as | 
      
        |  | follows: | 
      
        |  | (b)  If a proceeding for the appointment of a guardian for an | 
      
        |  | alleged incapacitated person is not pending on the date an | 
      
        |  | application is filed for the creation of a trust under Section | 
      
        |  | 1301.054 for the person, venue for a proceeding to create a trust | 
      
        |  | must be determined in the same manner as venue for a proceeding for | 
      
        |  | the appointment of a guardian is determined under Section 1023.001 | 
      
        |  | [ 610]. | 
      
        |  | SECTION 6.062.  Section 1301.053, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 30, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1301.053.  CREATION OF TRUST [ FOR WARD].  (a)  On | 
      
        |  | application by an appropriate person as provided by Section | 
      
        |  | 1301.051 and subject to Section 1301.054(a), if applicable, the | 
      
        |  | court with jurisdiction over the proceedings [ a guardianship] may | 
      
        |  | enter an order that creates [ for the ward's benefit] a trust for the | 
      
        |  | management of the [ guardianship] funds of the person with respect | 
      
        |  | to whom the application is filed if the court finds that the | 
      
        |  | creation of the trust is in the person's [ ward's] best interests. | 
      
        |  | (b)  The court may [ shall] maintain a trust created under | 
      
        |  | this section under the same cause number as the guardianship | 
      
        |  | proceeding, if the person for whom the trust is created is a ward or | 
      
        |  | proposed ward. | 
      
        |  | SECTION 6.063.  Section 1301.054(d), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 30, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (d)  The court may [ shall] maintain a trust created under | 
      
        |  | this section under the same cause number as the guardianship | 
      
        |  | proceeding, if the person for whom the trust is created is a ward or | 
      
        |  | proposed ward [ applicable]. | 
      
        |  | SECTION 6.064.  Section 1301.056, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 30, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | and to more closely conform to the source law from which the section | 
      
        |  | was derived to read as follows: | 
      
        |  | Sec. 1301.056.  CONTENTS OF ORDER CREATING TRUST.  An order | 
      
        |  | creating a management trust must: | 
      
        |  | (1)  direct any [ a] person or entity holding property | 
      
        |  | that belongs to the [ ward or incapacitated] person[, as  | 
      
        |  | applicable,] for whom the trust is created or to which that [the  | 
      
        |  | ward or incapacitated] person is entitled[,] to deliver all or part | 
      
        |  | of that property to a person or [ the] corporate fiduciary [or other  | 
      
        |  | person] appointed as trustee of the trust; and | 
      
        |  | (2)  include terms and limitations placed on the trust. | 
      
        |  | SECTION 6.065.  Section 1301.057(c), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 30, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (c)  The court may appoint a person or entity described by | 
      
        |  | Subsection (d) to serve as trustee of a management trust instead of | 
      
        |  | appointing a financial institution to serve in that capacity if the | 
      
        |  | court finds: | 
      
        |  | (1)  that the appointment is in the best interests of | 
      
        |  | the [ ward or incapacitated] person for whom the trust is created; | 
      
        |  | and | 
      
        |  | (2)  if the value of the trust's principal is more than | 
      
        |  | $150,000, that the applicant for the creation of the trust, after | 
      
        |  | the exercise of due diligence, has been unable to find a financial | 
      
        |  | institution in the geographic area willing to serve as trustee. | 
      
        |  | SECTION 6.066.  Section 1301.101, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 31, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1301.101.  REQUIRED TERMS.  (a)  Except as provided by | 
      
        |  | Subsection (c), a management trust must provide that: | 
      
        |  | (1)  the ward, [ or] incapacitated person, or person who | 
      
        |  | has only a physical disability for whom the trust is created is the | 
      
        |  | sole beneficiary of the trust; | 
      
        |  | (2)  the trustee may disburse an amount of the trust's | 
      
        |  | principal or income as the trustee determines is necessary to spend | 
      
        |  | for the health, education, maintenance, or support of the [ ward or  | 
      
        |  | incapacitated] person for whom the trust is created; | 
      
        |  | (3)  the trust income that the trustee does not | 
      
        |  | disburse under Subdivision (2) must be added to the trust | 
      
        |  | principal; | 
      
        |  | (4)  a trustee that is a corporate fiduciary serves | 
      
        |  | without giving a bond; and | 
      
        |  | (5)  subject to the court's approval and Subsection | 
      
        |  | (b), the trustee is entitled to receive reasonable compensation for | 
      
        |  | services the trustee provides to the [ ward or incapacitated] person | 
      
        |  | for whom the trust is created as the person's trustee. | 
      
        |  | (b)  A trustee's compensation under Subsection (a)(5) must | 
      
        |  | be: | 
      
        |  | (1)  paid from the management trust's income, | 
      
        |  | principal, or both; and | 
      
        |  | (2)  determined, paid, reduced, and eliminated in the | 
      
        |  | same manner as compensation of a guardian [ of an estate] under | 
      
        |  | Subchapter A, Chapter 1155. | 
      
        |  | (c)  The court creating or modifying a management trust may | 
      
        |  | omit or modify terms required by Subsection (a)(1) or (2) only if | 
      
        |  | the court determines that the omission or modification: | 
      
        |  | (1)  is necessary and appropriate for the [ ward or  | 
      
        |  | incapacitated] person for whom the trust is created to be eligible | 
      
        |  | to receive public benefits or assistance under a state or federal | 
      
        |  | program that is not otherwise available to the [ ward or  | 
      
        |  | incapacitated] person; and | 
      
        |  | (2)  is in the [ ward's or incapacitated person's] best | 
      
        |  | interests of the person for whom the trust is created. | 
      
        |  | SECTION 6.067.  Section 1301.102(a), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 31, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  A management trust may provide that the trustee make a | 
      
        |  | distribution, payment, use, or application of trust funds for the | 
      
        |  | health, education, maintenance, or support of the [ ward or  | 
      
        |  | incapacitated] person for whom the trust is created or of another | 
      
        |  | person whom the [ ward or incapacitated] person for whom the trust is | 
      
        |  | created is legally obligated to support: | 
      
        |  | (1)  as necessary and without the intervention of: | 
      
        |  | (A)  a guardian or other representative of the | 
      
        |  | ward; or | 
      
        |  | (B)  a representative of the incapacitated person | 
      
        |  | or person who has only a physical disability; and | 
      
        |  | (2)  to: | 
      
        |  | (A)  the ward's guardian; | 
      
        |  | (B)  a person who has physical custody of the | 
      
        |  | [ ward or incapacitated] person for whom the trust is created or of | 
      
        |  | another person whom the [ ward or incapacitated] person for whom the | 
      
        |  | trust is created is legally obligated to support; or | 
      
        |  | (C)  a person providing a good or service to the | 
      
        |  | [ ward or incapacitated] person for whom the trust is created or to | 
      
        |  | another person whom the [ ward or incapacitated] person for whom the | 
      
        |  | trust is created is legally obligated to support. | 
      
        |  | SECTION 6.068.  Subchapter D, Chapter 1301, Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 35, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, by adding Section 1301.1535 to read as follows: | 
      
        |  | Sec. 1301.1535.  INITIAL ACCOUNTING BY CERTAIN TRUSTEES | 
      
        |  | REQUIRED.  (a)  This section applies only to a trustee of a | 
      
        |  | management trust created for a person for whom a guardianship | 
      
        |  | proceeding is pending on the date the trust is created. | 
      
        |  | (b)  Not later than the 30th day after the date a trustee to | 
      
        |  | which this section applies receives property into the trust, the | 
      
        |  | trustee shall file with the court in which the guardianship | 
      
        |  | proceeding is pending a report describing all property held in the | 
      
        |  | trust on the date of the report and specifying the value of the | 
      
        |  | property on that date. | 
      
        |  | SECTION 6.069.  Section 1301.154, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 36, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | by amending Subsection (a) and adding Subsection (d) to read as | 
      
        |  | follows: | 
      
        |  | (a)  Except as provided by Subsection (d), the [ The] trustee | 
      
        |  | of a management trust shall prepare and file with the court an | 
      
        |  | annual accounting of transactions in the trust in the same manner | 
      
        |  | and form that is required of a guardian under this title. | 
      
        |  | (d)  The court may not require a trustee of a trust created | 
      
        |  | for a person who has only a physical disability to prepare and file | 
      
        |  | with the court the annual accounting as described by Subsection | 
      
        |  | (a). | 
      
        |  | SECTION 6.070.  Section 1301.201(b), Estates Code, as | 
      
        |  | effective January 1, 2014, is amended to conform to Section 33, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  The following may not revoke a management trust: | 
      
        |  | (1)  the ward for whom the trust is created or the | 
      
        |  | guardian of the ward's estate; [ or] | 
      
        |  | (2)  the incapacitated person for whom the trust is | 
      
        |  | created; or | 
      
        |  | (3)  the person who has only a physical disability for | 
      
        |  | whom the trust is created. | 
      
        |  | SECTION 6.071.  Sections 1301.202(a) and (b), Estates Code, | 
      
        |  | as effective January 1, 2014, are amended to conform to Section 32, | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (a)  If the court determines that it is in the best interests | 
      
        |  | of the [ a ward or incapacitated] person for whom a management trust | 
      
        |  | is created, the court may order the transfer of all property in the | 
      
        |  | management trust to a pooled trust subaccount established in | 
      
        |  | accordance with Chapter 1302. | 
      
        |  | (b)  The transfer of property from the management trust to | 
      
        |  | the pooled trust subaccount shall be treated as a continuation of | 
      
        |  | the management trust and may not be treated as the establishment of | 
      
        |  | a new trust for purposes of 42 U.S.C. Section 1396p(d)(4)(A) or (C) | 
      
        |  | or otherwise for purposes of the management trust beneficiary's | 
      
        |  | [ ward's or incapacitated person's] eligibility for medical | 
      
        |  | assistance under Chapter 32, Human Resources Code. | 
      
        |  | SECTION 6.072.  Section 1301.203, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 34, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1301.203.  TERMINATION OF TRUST.  (a)  If the [ ward or  | 
      
        |  | incapacitated] person for whom a management trust is created is a | 
      
        |  | minor, the trust terminates on: | 
      
        |  | (1)  the earlier of: | 
      
        |  | (A)  the [ ward's or incapacitated] person's death; | 
      
        |  | or | 
      
        |  | (B)  the [ ward's or incapacitated] person's 18th | 
      
        |  | birthday; or | 
      
        |  | (2)  the date provided by court order, which may not be | 
      
        |  | later than the [ ward's or incapacitated] person's 25th birthday. | 
      
        |  | (b)  If the [ ward or incapacitated] person for whom a | 
      
        |  | management trust is created is not a minor, the trust terminates | 
      
        |  | [ on]: | 
      
        |  | (1)  according to the terms of the trust; | 
      
        |  | (2)  on the date the court determines that continuing | 
      
        |  | the trust is no longer in the [ ward's or incapacitated] person's | 
      
        |  | best interests, subject to Section 1301.202(c); or | 
      
        |  | (3)  on [ (2)] the [ward's or incapacitated] person's | 
      
        |  | death. | 
      
        |  | SECTION 6.073.  Section 1301.204, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 37, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1301.204.  DISTRIBUTION OF TRUST PROPERTY.  (a)  Unless | 
      
        |  | otherwise provided by the court and except as provided by | 
      
        |  | Subsection (b), the trustee of a management trust shall: | 
      
        |  | (1)  prepare a final account in the same form and manner | 
      
        |  | that is required of a guardian under Sections 1204.101 and | 
      
        |  | 1204.102; and | 
      
        |  | (2)  on court approval, distribute the principal or any | 
      
        |  | undistributed income of the trust to: | 
      
        |  | (A)  the ward or incapacitated person when the | 
      
        |  | trust terminates on the trust's own terms; | 
      
        |  | (B)  the successor trustee on appointment of a | 
      
        |  | successor trustee; or | 
      
        |  | (C)  the representative of the deceased ward's or | 
      
        |  | incapacitated person's estate on the ward's or incapacitated | 
      
        |  | person's death. | 
      
        |  | (b)  The court may not require a trustee of a trust created | 
      
        |  | for a person who has only a physical disability to prepare and file | 
      
        |  | with the court a final account as described by Subsection (a)(1). | 
      
        |  | The trustee shall distribute the principal and any undistributed | 
      
        |  | income of the trust in the manner provided by Subsection (a)(2) for | 
      
        |  | a trust the beneficiary of which is a ward or incapacitated person. | 
      
        |  | SECTION 6.074.  Section 1302.002, Estates Code, as effective | 
      
        |  | January 1, 2014, is amended to conform to Section 39, Chapter 1085 | 
      
        |  | (S.B. 1196), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | Sec. 1302.002.  APPLICATION TO ESTABLISH SUBACCOUNT.  The | 
      
        |  | following persons [ A person interested in the welfare of a minor, a  | 
      
        |  | disabled person, or any other incapacitated person] may apply to | 
      
        |  | the court for the establishment of a subaccount for the benefit of a | 
      
        |  | [ the] minor[, disabled person,] or other incapacitated person, an | 
      
        |  | alleged incapacitated person, or a disabled person who is not an | 
      
        |  | incapacitated person: | 
      
        |  | (1)  the guardian of the incapacitated person; | 
      
        |  | (2)  a person who has filed an application for the | 
      
        |  | appointment of a guardian for the alleged incapacitated person; | 
      
        |  | (3)  an attorney ad litem or guardian ad litem | 
      
        |  | appointed to represent: | 
      
        |  | (A)  the incapacitated person who is a ward or | 
      
        |  | that person's interests; or | 
      
        |  | (B)  the alleged incapacitated person who does not | 
      
        |  | have a guardian; or | 
      
        |  | (4)  the disabled person [ as the beneficiary]. | 
      
        |  | SECTION 6.075.  The heading to Part 2, Subtitle Y, Title 3, | 
      
        |  | Estates Code, as effective January 1, 2014, is amended to conform to | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | PART 2.  GUARDIANSHIP PROCEEDINGS [ AND MATTERS] | 
      
        |  | SECTION 6.076.  The heading to Subtitle Z, Title 3, Estates | 
      
        |  | Code, as effective January 1, 2014, is amended to read as follows: | 
      
        |  | SUBTITLE Z. TEXAS PROBATE CODE: [ ;] ADDITIONAL GUARDIANSHIP | 
      
        |  | PROVISIONS | 
      
        |  | SECTION 6.077.  The heading to Part 2, Subtitle Z, Title 3, | 
      
        |  | Estates Code, as effective January 1, 2014, is amended to conform to | 
      
        |  | Chapter 1085 (S.B. 1196), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | PART 2.  GUARDIANSHIP PROCEEDINGS [ AND MATTERS] | 
      
        |  | SECTION 6.078.  (a)  Sections 3.01(b) and (c), Chapter 823 | 
      
        |  | (H.B. 2759), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | which transferred to the Estates Code Sections 605, 606, 607, 608, | 
      
        |  | 609, 610, 611, 612, 613, 614, 615, 616, 617, and 618, Texas Probate | 
      
        |  | Code, are repealed. | 
      
        |  | (b)  Subtitle Y, Title 2, Estates Code, as effective January | 
      
        |  | 1, 2014, is repealed. | 
      
        |  | (c)  Subparts A and B, Part 2, Subtitle Y, Title 3, Estates | 
      
        |  | Code, as effective January 1, 2014, are repealed. | 
      
        |  | SECTION 6.079.  This article takes effect January 1, 2014. | 
      
        |  | ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
        |  | SECTION 7.001.  Section 51.03(b), Family Code, as amended by | 
      
        |  | Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, 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 absence of a child on 10 or more days or parts | 
      
        |  | of days within a six-month period in the same school year or on | 
      
        |  | three or more days or parts of days within a four-week period from | 
      
        |  | school; | 
      
        |  | (3)  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; | 
      
        |  | (4)  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; | 
      
        |  | (5)  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; | 
      
        |  | (6)  conduct that violates a reasonable and lawful | 
      
        |  | order of a court entered under Section 264.305; [ or] | 
      
        |  | (7)  notwithstanding Subsection (a)(1), conduct | 
      
        |  | described by Section 43.02(a)(1) or (2), Penal Code; or | 
      
        |  | (8) [ (7)]  conduct that violates Section 43.261, Penal | 
      
        |  | Code. | 
      
        |  | SECTION 7.002.  Section 54.021(a), Family Code, as amended | 
      
        |  | by Chapters 148 (H.B. 734) and 1098 (S.B. 1489), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  The juvenile court may waive its exclusive original | 
      
        |  | jurisdiction and transfer a child to the constitutional county | 
      
        |  | court, if the county has a population of 1.75 million or more, or to | 
      
        |  | an appropriate justice or municipal court, with the permission of | 
      
        |  | the county, justice, or municipal court, for disposition in the | 
      
        |  | manner provided by Subsection (b) if the child is 12 years of age or | 
      
        |  | older and is alleged to have engaged in conduct described in Section | 
      
        |  | 51.03(b)(2).  A waiver of jurisdiction under this subsection may be | 
      
        |  | for an individual case or for all cases in which a child is alleged | 
      
        |  | to have engaged in conduct described in Section 51.03(b)(2).  The | 
      
        |  | waiver of a juvenile court's exclusive original jurisdiction for | 
      
        |  | all cases in which a child is alleged to have engaged in conduct | 
      
        |  | described in Section 51.03(b)(2) is effective for a period of one | 
      
        |  | year. | 
      
        |  | SECTION 7.003.  Section 58.003(d), Family Code, as amended | 
      
        |  | by Chapters 1150 (H.B. 2015) and 1322 (S.B. 407), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  The court may grant to a child the relief authorized in | 
      
        |  | Subsection (a), (c-1), [ or] (c-3), or (c-5) at any time after final | 
      
        |  | discharge of the child or after the last official action in the case | 
      
        |  | if there was no adjudication, subject, if applicable, to Subsection | 
      
        |  | (e).  If the child is referred to the juvenile court for conduct | 
      
        |  | constituting any offense and at the adjudication hearing the child | 
      
        |  | is found to be not guilty of each offense alleged, the court shall | 
      
        |  | immediately and without any additional hearing order the sealing of | 
      
        |  | all files and records relating to the case. | 
      
        |  | SECTION 7.004.  Section 58.106(a), Family Code, as amended | 
      
        |  | by Chapters 186 (S.B. 1241), 653 (S.B. 1106), and 1098 (S.B. 1489), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011, is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (a)  Except as otherwise provided by this section, | 
      
        |  | information contained in the juvenile justice information system is | 
      
        |  | confidential information for the use of the department and may not | 
      
        |  | be disseminated by the department except: | 
      
        |  | (1)  with the permission of the juvenile offender, to | 
      
        |  | military personnel of this state or the United States; | 
      
        |  | (2)  to a person or entity to which the department may | 
      
        |  | grant access to adult criminal history records as provided by | 
      
        |  | Section 411.083, Government Code; | 
      
        |  | (3)  to a juvenile justice agency; | 
      
        |  | (4)  to the Texas Youth Commission and the Texas | 
      
        |  | Juvenile Probation Commission for analytical purposes; | 
      
        |  | (5)  to the office of independent ombudsman of the | 
      
        |  | Texas Youth Commission; and | 
      
        |  | (6)  to a county, justice, or municipal court | 
      
        |  | exercising jurisdiction over a juvenile, including a court | 
      
        |  | exercising jurisdiction over a juvenile under Section 54.021. | 
      
        |  | ARTICLE 8.  CHANGES RELATING TO FINANCE CODE | 
      
        |  | SECTION 8.001.  Section 14.2015(a), Finance Code, as amended | 
      
        |  | by Chapters 1182 (H.B. 3453) and 1302 (H.B. 2594), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  Except as provided by Subsection (b), information or | 
      
        |  | material obtained or compiled by the commissioner in relation to an | 
      
        |  | examination or investigation by the commissioner or the | 
      
        |  | commissioner's representative of a license holder, registrant, | 
      
        |  | applicant, or other person under Subtitle B or C, Title 4, | 
      
        |  | Subchapter G of Chapter 393, or Chapter 394 is confidential and may | 
      
        |  | not be disclosed by the commissioner or an officer or employee of | 
      
        |  | the Office of Consumer Credit Commissioner, including: | 
      
        |  | (1)  information obtained from a license holder, | 
      
        |  | registrant, applicant, or other person examined or investigated | 
      
        |  | under Subtitle B or C, Title 4, Subchapter G of Chapter 393, or | 
      
        |  | Chapter 394; | 
      
        |  | (2)  work performed by the commissioner or the | 
      
        |  | commissioner's representative on information obtained from a | 
      
        |  | license holder, registrant, applicant, or other person for the | 
      
        |  | purposes of an examination or investigation conducted under | 
      
        |  | Subtitle B or C, Title 4, Chapter 393 with respect to a credit | 
      
        |  | access business, or Chapter 394; | 
      
        |  | (3)  a report on an examination or investigation of a | 
      
        |  | license holder, registrant, applicant, or other person conducted | 
      
        |  | under Subtitle B or C, Title 4, Chapter 393 with respect to a credit | 
      
        |  | access business, or Chapter 394; and | 
      
        |  | (4)  any written communications between the license | 
      
        |  | holder, registrant, applicant, or other person, as applicable, and | 
      
        |  | the commissioner or the commissioner's representative relating to | 
      
        |  | or referencing an examination or investigation conducted under | 
      
        |  | Subtitle B or C, Title 4, Chapter 393 with respect to a credit | 
      
        |  | access business, or Chapter 394. | 
      
        |  | SECTION 8.002.  Section 348.005, Finance Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 348.005.  ITEMIZED CHARGE.  An amount in a retail | 
      
        |  | installment contract is an itemized charge if the amount is not | 
      
        |  | included in the cash price and is the amount of: | 
      
        |  | (1)  fees for registration, certificate of title, and | 
      
        |  | license and any additional registration fees charged by a full | 
      
        |  | service deputy under Section 520.008 [ 502.114], Transportation | 
      
        |  | Code; | 
      
        |  | (2)  any taxes; | 
      
        |  | (3)  fees or charges prescribed by law and connected | 
      
        |  | with the sale or inspection of the motor vehicle; and | 
      
        |  | (4)  charges authorized for insurance, service | 
      
        |  | contracts, warranties, or a debt cancellation agreement by | 
      
        |  | Subchapter C. | 
      
        |  | SECTION 8.003.  Section 353.006, Finance Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 353.006.  ITEMIZED CHARGE.  An amount in a retail | 
      
        |  | installment contract is an itemized charge if the amount is not | 
      
        |  | included in the cash price and is the amount of: | 
      
        |  | (1)  fees for registration, certificate of title, and | 
      
        |  | license and any additional registration fees charged by a full | 
      
        |  | service deputy under Section 520.008 [ 502.114], Transportation | 
      
        |  | Code; | 
      
        |  | (2)  any taxes; | 
      
        |  | (3)  fees or charges prescribed by law and connected | 
      
        |  | with the sale or inspection of the commercial vehicle; | 
      
        |  | (4)  charges authorized for insurance, service | 
      
        |  | contracts, and warranties by Subchapter C; and | 
      
        |  | (5)  advances or payments authorized under Section | 
      
        |  | 353.402(b) or (c) made by the retail seller to or for the benefit of | 
      
        |  | the retail buyer. | 
      
        |  | ARTICLE 9.  CHANGES RELATING TO GOVERNMENT CODE | 
      
        |  | PART A.  GENERAL CHANGES | 
      
        |  | SECTION 9.001.  Section 411.091(b), Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (b)  Criminal history record information obtained by the | 
      
        |  | commission under Subsection (a)  [ (a)(1)] may be used only for the | 
      
        |  | enforcement and administration of the Alcoholic Beverage Code. | 
      
        |  | SECTION 9.002.  Section 411.105, Government Code, is amended | 
      
        |  | to conform to the repeal of Section 901.412, Occupations Code, by | 
      
        |  | Chapter 315 (H.B. 2144), Acts of the 80th Legislature, Regular | 
      
        |  | Session, 2007, to read as follows: | 
      
        |  | Sec. 411.105.  ACCESS TO CRIMINAL HISTORY RECORD | 
      
        |  | INFORMATION:  TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY.  The Texas | 
      
        |  | State Board of Public Accountancy is entitled to obtain from the | 
      
        |  | department criminal history record information maintained by the | 
      
        |  | department that relates to a person who is: | 
      
        |  | (1)  an applicant for certification as a certified | 
      
        |  | public accountant under Chapter 901, Occupations Code; or | 
      
        |  | (2)  an applicant to take the uniform CPA examination | 
      
        |  | under that Act[ ; or | 
      
        |  | [ (3)  an applicant to register under Section 901.412,  | 
      
        |  | Occupations Code]. | 
      
        |  | SECTION 9.003.  Section 411.114(a)(3), Government Code, as | 
      
        |  | amended by Chapters 598 (S.B. 218), 1056 (S.B. 221), and 1082 (S.B. | 
      
        |  | 1178), Acts of the 82nd Legislature, Regular Session, 2011, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (3)  The Department of Family and Protective Services | 
      
        |  | is entitled to obtain from the department criminal history record | 
      
        |  | information maintained by the department that relates to a person | 
      
        |  | who is: | 
      
        |  | (A)  a volunteer or applicant volunteer with a | 
      
        |  | local affiliate in this state of Big Brothers/Big Sisters of | 
      
        |  | America; | 
      
        |  | (B)  a volunteer or applicant volunteer with the | 
      
        |  | "I Have a Dream/Houston" program; | 
      
        |  | (C)  a volunteer or applicant volunteer with an | 
      
        |  | organization that provides court-appointed special advocates for | 
      
        |  | abused or neglected children; | 
      
        |  | (D)  a person providing, at the request of the | 
      
        |  | child's parent, in-home care for a child who is the subject of a | 
      
        |  | report alleging the child has been abused or neglected; | 
      
        |  | (E)  a volunteer or applicant volunteer with a | 
      
        |  | Texas chapter of the Make-a-Wish Foundation of America; | 
      
        |  | (F)  a person providing, at the request of the | 
      
        |  | child's parent, in-home care for a child only if the person gives | 
      
        |  | written consent to the release and disclosure of the information; | 
      
        |  | (G)  a child who is related to the caretaker, as | 
      
        |  | determined under Section 42.002, Human Resources Code, and who | 
      
        |  | resides in or is present in a child-care facility or family home, | 
      
        |  | other than a child described by Subdivision (2)(C), or any other | 
      
        |  | person who has unsupervised access to a child in the care of a | 
      
        |  | child-care facility or family home; | 
      
        |  | (H)  an applicant for a position with the | 
      
        |  | Department of Family and Protective Services, other than a position | 
      
        |  | described by Subdivision (2)(D), regardless of the duties of the | 
      
        |  | position; | 
      
        |  | (I)  a volunteer or applicant volunteer with the | 
      
        |  | Department of Family and Protective Services, other than a | 
      
        |  | registered volunteer, regardless of the duties to be performed; | 
      
        |  | (J)  a person providing or applying to provide | 
      
        |  | in-home, adoptive, or foster care for children to the extent | 
      
        |  | necessary to comply with Subchapter B, Chapter 162, Family Code; | 
      
        |  | (K)  a Department of Family and Protective | 
      
        |  | Services employee, other than an employee described by Subdivision | 
      
        |  | (2)(H), regardless of the duties of the employee's position; | 
      
        |  | (L)  a relative of a child in the care of the | 
      
        |  | Department of Family and Protective Services, to the extent | 
      
        |  | necessary to comply with Section 162.007, Family Code; | 
      
        |  | (M)  a person, other than an alleged perpetrator | 
      
        |  | in a report described in Subdivision (2)(I), living in the | 
      
        |  | residence in which the alleged victim of the report resides; | 
      
        |  | (N)  a contractor or an employee of a contractor | 
      
        |  | who delivers services to a ward of the Department of Family and | 
      
        |  | Protective Services under a contract with the estate of the ward; | 
      
        |  | (O)  a person who seeks unsupervised visits with a | 
      
        |  | ward of the Department of Family and Protective Services, including | 
      
        |  | a relative of the ward; | 
      
        |  | (P)  an employee, volunteer, or applicant | 
      
        |  | volunteer of a children's advocacy center under Subchapter E, | 
      
        |  | Chapter 264, Family Code, including a member of the governing board | 
      
        |  | of a center; [ or] | 
      
        |  | (Q)  an employee of, an applicant for employment | 
      
        |  | with, or a volunteer or an applicant volunteer with an entity or | 
      
        |  | person that contracts with the Department of Family and Protective | 
      
        |  | Services and has access to confidential information in the | 
      
        |  | department's records, if the employee, applicant, volunteer, or | 
      
        |  | applicant volunteer has or will have access to that confidential | 
      
        |  | information; | 
      
        |  | (R) [ (Q)]  an employee of or volunteer at, or an | 
      
        |  | applicant for employment with or to be a volunteer at, an entity | 
      
        |  | that provides supervised independent living services to a young | 
      
        |  | adult receiving extended foster care services from the Department | 
      
        |  | of Family and Protective Services; or | 
      
        |  | (S) [ (R)]  a person 14 years of age or older who | 
      
        |  | will be regularly or frequently working or staying in a host home | 
      
        |  | that is providing supervised independent living services to a young | 
      
        |  | adult receiving extended foster care services from the Department | 
      
        |  | of Family and Protective Services. | 
      
        |  | SECTION 9.004.  Section 411.135(a), Government Code, is | 
      
        |  | amended to update a reference to read as follows: | 
      
        |  | (a)  Any person is entitled to obtain from the department: | 
      
        |  | (1)  any information described as public information | 
      
        |  | under Chapter 62, Code of Criminal Procedure, [ as added by Chapter  | 
      
        |  | 668, Acts of the 75th Legislature, Regular Session, 1997,] | 
      
        |  | including, to the extent available, a recent photograph of each | 
      
        |  | person subject to registration under that chapter; and | 
      
        |  | (2)  criminal history record information maintained by | 
      
        |  | the department that relates to the conviction of or a grant of | 
      
        |  | deferred adjudication to a person for any criminal offense, | 
      
        |  | including arrest information that relates to the conviction or | 
      
        |  | grant of deferred adjudication. | 
      
        |  | SECTION 9.005.  The heading to Section 413.016, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 413.016.  [ REPORT ON] INMATE RELEASE STATISTICS. | 
      
        |  | SECTION 9.006.  Section 419.907(a), Government Code, is | 
      
        |  | amended to correct a typographical error to read as follows: | 
      
        |  | (a)  To the extent feasible, the commission, the state fire | 
      
        |  | marshal, and the Texas Forest Service shall colocate office space | 
      
        |  | outside of Travis County used for related functions performed | 
      
        |  | [ preformed] by the three entities. | 
      
        |  | SECTION 9.007.  Section 432.068(c), Government Code, is | 
      
        |  | amended to correct references to read as follows: | 
      
        |  | (c)  A person charged with any offense is not liable to be | 
      
        |  | tried by court-martial or punished under Section 432.015 [ 432.021] | 
      
        |  | if the offense was committed more than two years before the date of | 
      
        |  | receipt of sworn charges and specifications by an officer | 
      
        |  | exercising summary court-martial jurisdiction over the command, or | 
      
        |  | before the imposition of punishment under Section 432.015 | 
      
        |  | [ 432.021]. | 
      
        |  | SECTION 9.008.  Section 432.094(c), Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (c)  The keepers, officers, and wardens of city or county | 
      
        |  | jails and other jails, penitentiaries, or prisons designated by the | 
      
        |  | governor or by a person authorized by the governor to act under | 
      
        |  | Section 432.011 [ 432.014], shall receive persons ordered into | 
      
        |  | confinement before trial and persons committed to confinement by a | 
      
        |  | military court and shall confine them according to law.  The keeper, | 
      
        |  | officer, or warden may not require payment of a fee or charge for | 
      
        |  | receiving or confining a person. | 
      
        |  | SECTION 9.009.  Section 442.007, Government Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | Sec. 442.007.  STATE ARCHEOLOGICAL PROGRAM.  (a)  The | 
      
        |  | commission, through the state archeologist, shall direct the state | 
      
        |  | archeological program. | 
      
        |  | (b)  The program must include: | 
      
        |  | (1)  a continuing inventory of nonrenewable | 
      
        |  | archeological resources; | 
      
        |  | (2)  evaluation of known sites through testing and | 
      
        |  | excavation; | 
      
        |  | (3)  maintenance of extensive field and laboratory | 
      
        |  | data, including data on collections of antiquities; | 
      
        |  | (4)  consultation with state agencies and | 
      
        |  | organizations and local groups concerning archeological and | 
      
        |  | historical problems; and | 
      
        |  | (5)  publication of the results of the program through | 
      
        |  | various sources, including a regular series of reports. | 
      
        |  | (c)  The commission may enter into contracts or cooperative | 
      
        |  | agreements with the federal government, other state agencies, state | 
      
        |  | or private museums or educational institutions, or qualified | 
      
        |  | individuals for prehistoric or historic archeological | 
      
        |  | investigations, surveys, excavations, or restorations in this | 
      
        |  | state. | 
      
        |  | (d)  The state archeologist has general jurisdiction and | 
      
        |  | supervision over archeological work, reports, surveys, | 
      
        |  | excavations, and archeological programs of the commission and of | 
      
        |  | cooperating state agencies. | 
      
        |  | (e)  The duties of the state archeologist include: | 
      
        |  | (1)  maintaining an inventory of significant historic | 
      
        |  | or prehistoric sites of archeological or historic interest; | 
      
        |  | (2)  providing public information and education in the | 
      
        |  | fields of archeology and history; | 
      
        |  | (3)  conducting surveys and excavations with respect to | 
      
        |  | significant archeological or historic sites in this state; | 
      
        |  | (4)  preparing reports and publications concerning the | 
      
        |  | work of the office of the state archeologist; | 
      
        |  | (5)  doing cooperative and contract work in prehistoric | 
      
        |  | and historic archeology with other state agencies, the federal | 
      
        |  | government, state or private institutions, or individuals; | 
      
        |  | (6)  maintaining and determining the repository of | 
      
        |  | catalogued collections of artifacts and other materials of | 
      
        |  | archeological or historic interest; and | 
      
        |  | (7)  preserving the archeological and historical | 
      
        |  | heritage of this state. | 
      
        |  | (f) [ (e)]  The state archeologist shall withhold from | 
      
        |  | disclosure to the public information relating to the location or | 
      
        |  | character of archeological or historic resources if the state | 
      
        |  | archeologist determines that the disclosure of the information may | 
      
        |  | create a substantial risk of harm, theft, or destruction to the | 
      
        |  | resources or to the area or place where the resources are located. | 
      
        |  | SECTION 9.010.  Section 499.027(b), Government Code, as | 
      
        |  | amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  An inmate is not eligible under this subchapter to be | 
      
        |  | considered for release to intensive supervision parole if: | 
      
        |  | (1)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense for | 
      
        |  | which the judgment contains an affirmative finding under Section | 
      
        |  | 3g(a)(2), Article 42.12, Code of Criminal Procedure; | 
      
        |  | (2)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense | 
      
        |  | listed in one of the following sections of the Penal Code: | 
      
        |  | (A)  Section 19.02 (murder); | 
      
        |  | (B)  Section 19.03 (capital murder); | 
      
        |  | (C)  Section 19.04 (manslaughter); | 
      
        |  | (D)  Section 20.03 (kidnapping); | 
      
        |  | (E)  Section 20.04 (aggravated kidnapping); | 
      
        |  | (F)  Section 21.11 (indecency with a child); | 
      
        |  | (G)  Section 22.011 (sexual assault); | 
      
        |  | (H)  Section 22.02 (aggravated assault); | 
      
        |  | (I)  Section 22.021 (aggravated sexual assault); | 
      
        |  | (J)  Section 22.04 (injury to a child, elderly | 
      
        |  | individual, or disabled individual); | 
      
        |  | (K)  Section 25.02 (prohibited sexual conduct); | 
      
        |  | (L)  Section 25.08 (sale or purchase of a child); | 
      
        |  | (M)  Section 28.02 (arson); | 
      
        |  | (N)  Section 29.02 (robbery); | 
      
        |  | (O)  Section 29.03 (aggravated robbery); | 
      
        |  | (P)  Section 30.02 (burglary), if the offense is | 
      
        |  | punished as a first-degree felony under that section; | 
      
        |  | (Q)  Section 43.04 (aggravated promotion of | 
      
        |  | prostitution); | 
      
        |  | (R)  Section 43.05 (compelling prostitution); | 
      
        |  | (S)  Section 43.24 (sale, distribution, or | 
      
        |  | display of harmful material to minor); | 
      
        |  | (T)  Section 43.25 (sexual performance by a | 
      
        |  | child); | 
      
        |  | (U)  Section 46.10 (deadly weapon in penal | 
      
        |  | institution); | 
      
        |  | (V)  Section 15.01 (criminal attempt), if the | 
      
        |  | offense attempted is listed in this subsection; | 
      
        |  | (W)  Section 15.02 (criminal conspiracy), if the | 
      
        |  | offense that is the subject of the conspiracy is listed in this | 
      
        |  | subsection; | 
      
        |  | (X)  Section 15.03 (criminal solicitation), if | 
      
        |  | the offense solicited is listed in this subsection; | 
      
        |  | (Y)  Section 21.02 (continuous sexual abuse of | 
      
        |  | young child or children); [ or] | 
      
        |  | (Z)  Section 20A.02 (trafficking of persons); or | 
      
        |  | (AA) [ (Z)]  Section 20A.03 (continuous | 
      
        |  | trafficking of persons); or | 
      
        |  | (3)  the inmate is awaiting transfer to the | 
      
        |  | institutional division, or serving a sentence, for an offense under | 
      
        |  | Chapter 481, Health and Safety Code, punishable by a minimum term of | 
      
        |  | imprisonment or a maximum fine that is greater than the minimum term | 
      
        |  | of imprisonment or the maximum fine for a first degree felony. | 
      
        |  | SECTION 9.011.  Section 508.149(a), Government Code, as | 
      
        |  | amended by Chapters 1 (S.B. 24) and 122 (H.B. 3000), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  An inmate may not be released to mandatory supervision | 
      
        |  | if the inmate is serving a sentence for or has been previously | 
      
        |  | convicted of: | 
      
        |  | (1)  an offense for which the judgment contains an | 
      
        |  | affirmative finding under Section 3g(a)(2), Article 42.12, Code of | 
      
        |  | Criminal Procedure; | 
      
        |  | (2)  a first degree felony or a second degree felony | 
      
        |  | under Section 19.02, Penal Code; | 
      
        |  | (3)  a capital felony under Section 19.03, Penal Code; | 
      
        |  | (4)  a first degree felony or a second degree felony | 
      
        |  | under Section 20.04, Penal Code; | 
      
        |  | (5)  an offense under Section 21.11, Penal Code; | 
      
        |  | (6)  a felony under Section 22.011, Penal Code; | 
      
        |  | (7)  a first degree felony or a second degree felony | 
      
        |  | under Section 22.02, Penal Code; | 
      
        |  | (8)  a first degree felony under Section 22.021, Penal | 
      
        |  | Code; | 
      
        |  | (9)  a first degree felony under Section 22.04, Penal | 
      
        |  | Code; | 
      
        |  | (10)  a first degree felony under Section 28.02, Penal | 
      
        |  | Code; | 
      
        |  | (11)  a second degree felony under Section 29.02, Penal | 
      
        |  | Code; | 
      
        |  | (12)  a first degree felony under Section 29.03, Penal | 
      
        |  | Code; | 
      
        |  | (13)  a first degree felony under Section 30.02, Penal | 
      
        |  | Code; | 
      
        |  | (14)  a felony for which the punishment is increased | 
      
        |  | under Section 481.134 or Section 481.140, Health and Safety Code; | 
      
        |  | (15)  an offense under Section 43.25, Penal Code; | 
      
        |  | (16)  an offense under Section 21.02, Penal Code; | 
      
        |  | (17)  a first degree felony under Section 15.03, Penal | 
      
        |  | Code; | 
      
        |  | (18)  an offense under Section 43.05, Penal Code; [ or] | 
      
        |  | (19)  an offense under Section 20A.02, Penal Code; or | 
      
        |  | (20) [ (18)]  an offense under Section 20A.03, Penal | 
      
        |  | Code. | 
      
        |  | SECTION 9.012.  Section 535.051(b), Government Code, as | 
      
        |  | amended by Chapters 298 (H.B. 1965) and 1176 (H.B. 3278), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  The chief administrative officer of each of the | 
      
        |  | following state agencies, in consultation with the governor, shall | 
      
        |  | designate one employee from the agency to serve as a liaison for | 
      
        |  | faith- and community-based organizations: | 
      
        |  | (1)  the Texas Department of Rural Affairs; | 
      
        |  | (2)  the Texas Commission on Environmental Quality; | 
      
        |  | (3)  the Texas Department of Criminal Justice; | 
      
        |  | (4)  the Texas Department of Housing and Community | 
      
        |  | Affairs; | 
      
        |  | (5)  the Texas Juvenile Justice Department [ Probation  | 
      
        |  | Commission]; | 
      
        |  | (6)  the Texas Veterans Commission; | 
      
        |  | (7)  the Texas Workforce Commission; | 
      
        |  | (8)  [ the Texas Youth Commission; | 
      
        |  | [ (10)]  the office of the governor; | 
      
        |  | (9) [ (11)]  the Department of Public Safety; | 
      
        |  | (10) [ (12)]  the Texas Department of Insurance; | 
      
        |  | (11) [ (13)]  the Public Utility Commission of Texas; | 
      
        |  | (12) [ (14)]  the office of the attorney general; | 
      
        |  | (13) [ (15)]  the Department of Agriculture; | 
      
        |  | (14) [ (16)]  the office of the comptroller; | 
      
        |  | (15) [ (17)]  the Department of Information Resources; | 
      
        |  | (16) [ (18)]  the Office of State-Federal Relations; | 
      
        |  | (17) [ (19)]  the office of the secretary of state; and | 
      
        |  | (18) [ (20)]  other state agencies as determined by the | 
      
        |  | governor. | 
      
        |  | SECTION 9.013.  Section 551.0415, Government Code, as | 
      
        |  | amended by Chapters 1007 (H.B. 2313) and 1341 (S.B. 1233), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 551.0415.  GOVERNING BODY OF MUNICIPALITY OR COUNTY: | 
      
        |  | REPORTS ABOUT ITEMS OF COMMUNITY INTEREST REGARDING WHICH NO ACTION | 
      
        |  | WILL BE TAKEN.  (a)  Notwithstanding Sections 551.041 and 551.042, | 
      
        |  | a quorum of the governing body of a municipality or county may | 
      
        |  | receive from [ municipal or county] staff of the political | 
      
        |  | subdivision and a member of the governing body may make a report | 
      
        |  | about items of community interest during a meeting of the governing | 
      
        |  | body without having given notice of the subject of the report as | 
      
        |  | required by this subchapter if no action is taken and, except as | 
      
        |  | provided by Section 551.042, possible action is not discussed | 
      
        |  | regarding the information provided in the report. | 
      
        |  | (b)  For purposes of Subsection (a), "items of community | 
      
        |  | interest" includes: | 
      
        |  | (1)  expressions of thanks, congratulations, or | 
      
        |  | condolence; | 
      
        |  | (2)  information regarding holiday schedules; | 
      
        |  | (3)  an honorary or salutary recognition of a public | 
      
        |  | official, public employee, or other citizen, except that a | 
      
        |  | discussion regarding a change in the status of a person's public | 
      
        |  | office or public employment is not an honorary or salutary | 
      
        |  | recognition for purposes of this subdivision; | 
      
        |  | (4)  a reminder about an upcoming event organized or | 
      
        |  | sponsored by the governing body; | 
      
        |  | (5)  information regarding a social, ceremonial, or | 
      
        |  | community event organized or sponsored by an entity other than the | 
      
        |  | governing body that was attended or is scheduled to be attended by a | 
      
        |  | member of the governing body or an official or employee of the | 
      
        |  | political subdivision [ municipality or county]; and | 
      
        |  | (6)  announcements involving an imminent threat to the | 
      
        |  | public health and safety of people in the political subdivision | 
      
        |  | [ municipality or county] that has arisen after the posting of the | 
      
        |  | agenda. | 
      
        |  | SECTION 9.014.  The heading to Section 552.274, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 552.274.  REPORT [ REPORTS] BY ATTORNEY GENERAL [AND  | 
      
        |  | STATE AGENCIES] ON COST OF COPIES. | 
      
        |  | SECTION 9.015.  Section 814.0096(b), Government Code, as | 
      
        |  | added by Chapter 280 (H.B. 1608), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed as duplicative of Section | 
      
        |  | 814.0096(b), Government Code, as added by Chapter 1249 (S.B. 1664), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 9.016.  Section 814.0096(d), Government Code, as | 
      
        |  | added by Chapters 280 (H.B. 1608) and 1249 (S.B. 1664), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (d)  If necessary, the board of trustees and the state | 
      
        |  | employee charitable campaign policy committee may make the annuity | 
      
        |  | deduction authorization under Section 814.0095(a) available in | 
      
        |  | stages to subgroups of the retirement system's annuity recipients | 
      
        |  | as money becomes available to cover the expenses under Subsection | 
      
        |  | (b) of this section. | 
      
        |  | SECTION 9.017.  The heading to Subchapter G, Chapter 1473, | 
      
        |  | Government Code, is amended to conform to changes made to that | 
      
        |  | subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER G.  BONDS FOR WORKHOUSES AND FARMS IN COUNTIES WITH A | 
      
        |  | POPULATION OF MORE THAN 1.5 MILLION [ 900,000] | 
      
        |  | SECTION 9.018.  The heading to Subchapter H, Chapter 1473, | 
      
        |  | Government Code, is amended to conform to changes made to that | 
      
        |  | subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER H.  CERTIFICATES OF INDEBTEDNESS FOR CRIME DETECTION | 
      
        |  | FACILITIES IN COUNTIES WITH POPULATION OF MORE THAN 1.5 MILLION | 
      
        |  | [ 900,000] | 
      
        |  | SECTION 9.019.  Section 2155.150(a), Government Code, is | 
      
        |  | amended to correct references to read as follows: | 
      
        |  | (a)  The Railroad Commission of Texas is delegated all | 
      
        |  | purchasing functions relating to purchases under: | 
      
        |  | (1)  Chapter 89, Natural Resources Code; or | 
      
        |  | (2)  Sections 81.067 and 81.068 [ 91.111 and 91.112], | 
      
        |  | Natural Resources Code. | 
      
        |  | SECTION 9.020.  Section 2157.0611, Government Code, is | 
      
        |  | repealed to conform to the repeal of Section 2157.0611 by Chapter | 
      
        |  | 1081 (H.B. 2918), Acts of the 80th Legislature, Regular Session, | 
      
        |  | 2007, and to the other changes made by Chapter 1081 to Subchapter B, | 
      
        |  | Chapter 2157, Government Code. | 
      
        |  | PART B.  UPDATE OF COURT FEES AND COSTS | 
      
        |  | SECTION 9.101.  (a)  Section 101.0611, Government Code, is | 
      
        |  | amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd | 
      
        |  | Legislature, 1st Called Session, 2011, 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) . . . not more than $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  when administering a case for the Rockwall County | 
      
        |  | Court at Law (Sec. 25.2012, Government Code) . . . civil fees and | 
      
        |  | court costs as if the case had been filed in district court; | 
      
        |  | (3)  additional filing fees: | 
      
        |  | (A)  for each suit filed for insurance contingency | 
      
        |  | fund, if authorized by the county commissioners court (Sec. 51.302, | 
      
        |  | Government Code) . . . not to exceed $5; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; and | 
      
        |  | (D)  to fund the preservation of court records | 
      
        |  | (Sec. 51.708, Government Code) . . . not more than $10; | 
      
        |  | (4)  for filing a suit, including an appeal from an | 
      
        |  | inferior court: | 
      
        |  | (A)  for a suit with 10 or fewer plaintiffs (Sec. | 
      
        |  | 51.317, Government Code) . . . $50; | 
      
        |  | (B)  for a suit with at least 11 but not more than | 
      
        |  | 25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
        |  | (C)  for a suit with at least 26 but not more than | 
      
        |  | 100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
        |  | (D)  for a suit with at least 101 but not more than | 
      
        |  | 500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
        |  | (E)  for a suit with at least 501 but not more than | 
      
        |  | 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
        |  | (F)  for a suit with more than 1,000 plaintiffs | 
      
        |  | (Sec. 51.317, Government Code) . . . $200; | 
      
        |  | (5)  for filing a cross-action, counterclaim, | 
      
        |  | intervention, contempt action, motion for new trial, or third-party | 
      
        |  | petition (Sec. 51.317, Government Code) . . . $15; | 
      
        |  | (6)  for issuing a citation or other writ or process not | 
      
        |  | otherwise provided for, including one copy, when requested at the | 
      
        |  | time a suit or action is filed (Sec. 51.317, Government Code) . . . | 
      
        |  | $8; | 
      
        |  | (7)  for records management and preservation (Sec. | 
      
        |  | 51.317, Government Code) . . . $10; | 
      
        |  | (7-a)  for district court records archiving, if adopted | 
      
        |  | by the county commissioners court (Sec. 51.317(b)(5), Government | 
      
        |  | Code) . . . not more than $5; | 
      
        |  | (8)  for issuing a subpoena, including one copy (Sec. | 
      
        |  | 51.318, Government Code) . . . $8; | 
      
        |  | (9)  for issuing a citation, commission for deposition, | 
      
        |  | writ of execution, order of sale, writ of execution and order of | 
      
        |  | sale, writ of injunction, writ of garnishment, writ of attachment, | 
      
        |  | or writ of sequestration not provided for in Section 51.317, or any | 
      
        |  | other writ or process not otherwise provided for, including one | 
      
        |  | copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
        |  | (10)  for searching files or records to locate a cause | 
      
        |  | when the docket number is not provided (Sec. 51.318, Government | 
      
        |  | Code) . . . $5; | 
      
        |  | (11)  for searching files or records to ascertain the | 
      
        |  | existence of an instrument or record in the district clerk's office | 
      
        |  | (Sec. 51.318, Government Code) . . . $5; | 
      
        |  | (12)  for abstracting a judgment (Sec. 51.318, | 
      
        |  | Government Code) . . . $8; | 
      
        |  | (13)  for approving a bond (Sec. 51.318, Government | 
      
        |  | Code) . . . $4; | 
      
        |  | (14)  for a certified copy of a record, judgment, | 
      
        |  | order, pleading, or paper on file or of record in the district | 
      
        |  | clerk's office, including certificate and seal, for each page or | 
      
        |  | part of a page (Sec. 51.318, Government Code) . . . not to exceed | 
      
        |  | $1; | 
      
        |  | (15)  for a noncertified copy, for each page or part of | 
      
        |  | a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
        |  | (16)  fee for performing a service: | 
      
        |  | (A)  related to the matter of the estate of a | 
      
        |  | deceased person (Sec. 51.319, Government Code) . . . the same fee | 
      
        |  | allowed the county clerk for those services; | 
      
        |  | (B)  related to the matter of a minor (Sec. | 
      
        |  | 51.319, Government Code) . . . the same fee allowed the county | 
      
        |  | clerk for the service; | 
      
        |  | (C)  of serving process by certified or registered | 
      
        |  | mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or | 
      
        |  | constable is authorized to charge for the service under Section | 
      
        |  | 118.131, Local Government Code; and | 
      
        |  | (D)  prescribed or authorized by law but for which | 
      
        |  | no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | 
      
        |  | (17)  jury fee (Sec. 51.604, Government Code) . . . | 
      
        |  | $30; | 
      
        |  | (18)  additional filing fee for family protection on | 
      
        |  | filing a suit for dissolution of a marriage under Chapter 6, Family | 
      
        |  | Code (Sec. 51.961, Government Code) . . . not to exceed $15; and | 
      
        |  | (19)  at a hearing held by an associate judge appointed | 
      
        |  | under Subchapter B, Chapter 54A, Government Code [ in Dallas  | 
      
        |  | County], a court cost to preserve the record, in the absence of a | 
      
        |  | court reporter, by any [ other] means approved by the associate | 
      
        |  | judge (Sec. 54A.110 [ 54.509], Government Code) . . . as assessed by | 
      
        |  | the referring court or associate judge[ ; and | 
      
        |  | [ (20)  at a hearing held by an associate judge in Duval  | 
      
        |  | County, a court cost to preserve the record (Sec. 54.1151,  | 
      
        |  | Government Code) . . . as imposed by the referring court or  | 
      
        |  | associate judge]. | 
      
        |  | (b)  Section 101.06119, Government Code, is repealed. | 
      
        |  | SECTION 9.102.  (a)  Section 101.0811, Government Code, is | 
      
        |  | amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd | 
      
        |  | Legislature, 1st Called Session, 2011, 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) . . . not more than $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 a county court at law in Nolan County (Sec. | 
      
        |  | 25.1792, Government Code) . . . $25; | 
      
        |  | (6)  jury fee (Sec. 51.604, Government Code) . . . $22; | 
      
        |  | (7)  an additional filing fee: | 
      
        |  | (A)  for each civil case filed to be used for | 
      
        |  | court-related purposes for the support of the judiciary (Sec. | 
      
        |  | 51.702, Government Code) . . . $40; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; and | 
      
        |  | (D)  to fund the preservation of court records | 
      
        |  | (Sec. 51.708, Government Code) . . . not more than $10; | 
      
        |  | (8)  the official court reporter's fee taxed as costs in | 
      
        |  | civil actions in a statutory county court: | 
      
        |  | (A)  in Bexar County Courts at Law  Nos. 3, 4, 5, | 
      
        |  | 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government | 
      
        |  | Code) . . . taxed in the same manner as the fee is taxed in district | 
      
        |  | court; | 
      
        |  | (B)  in Galveston County (Sec. 25.0862, | 
      
        |  | Government Code) . . . taxed in the same manner as the fee is taxed | 
      
        |  | in civil cases in the district courts; and | 
      
        |  | (C)  in Parker County (Sec. 25.1862, Government | 
      
        |  | Code) . . . taxed in the same manner as the fee is taxed in civil | 
      
        |  | cases in the district courts; | 
      
        |  | (9)  a stenographer's fee as costs in each civil, | 
      
        |  | criminal, and probate case in which a record is made by the official | 
      
        |  | court reporter in a statutory county court in Nolan County (Sec. | 
      
        |  | 25.1792, Government Code) . . . $25; | 
      
        |  | (10)  in Nueces County, in matters of concurrent | 
      
        |  | jurisdiction with the district court, with certain exceptions, fees | 
      
        |  | (Sec. 25.1802, Government Code) . . . equal to those in district | 
      
        |  | court cases; [ and] | 
      
        |  | (11)  a fee not otherwise listed in this subchapter | 
      
        |  | that is required to be collected under Section 25.0008, Government | 
      
        |  | Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, | 
      
        |  | Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, | 
      
        |  | Victoria, and Williamson . . . as prescribed by law relating to | 
      
        |  | county judges' fees; and | 
      
        |  | (12)  at a hearing held by an associate judge appointed | 
      
        |  | under Subchapter B, Chapter 54A, Government Code, a court cost to | 
      
        |  | preserve the record, in the absence of a court reporter, by any | 
      
        |  | means approved by the associate judge (Sec. 54A.110, Government | 
      
        |  | Code) . . . as assessed by the referring court or associate judge. | 
      
        |  | (b)  Section 101.08116, Government Code, is repealed. | 
      
        |  | SECTION 9.103.  (a)  Section 101.1011, Government Code, is | 
      
        |  | amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd | 
      
        |  | Legislature, 1st Called Session, 2011, 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) . . . not more than $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  additional filing fees as follows: | 
      
        |  | (A)  for certain cases to be used for | 
      
        |  | court-related purposes for support of the judiciary (Sec. 51.704, | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; and | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; | 
      
        |  | (3)  jury fee for civil case (Sec. 51.604, Government | 
      
        |  | Code) . . . $22; | 
      
        |  | (4)  the expense of preserving the record as a court | 
      
        |  | cost, if imposed on a party by the referring court or associate | 
      
        |  | judge (Sec. 54A.211 [ 54.612], Government Code) . . . actual cost; | 
      
        |  | and | 
      
        |  | (5)  a fee not otherwise listed in this subchapter that | 
      
        |  | is required to be collected under Section 25.0029, Government Code | 
      
        |  | (Sec. 25.0029, Government Code) . . . as prescribed by law relating | 
      
        |  | to county judges' fees. | 
      
        |  | (b)  Section 101.10115, Government Code, is repealed. | 
      
        |  | SECTION 9.104.  (a)  Section 101.1212, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a county court shall collect the following fees | 
      
        |  | and costs under the Government Code: | 
      
        |  | (1)  appellate judicial system filing fees: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . not more than $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  a jury fee (Sec. 51.604, Government Code) . . . | 
      
        |  | $22; | 
      
        |  | (3)  a filing fee in each civil case filed to be used | 
      
        |  | for court-related purposes for the support of the judiciary (Sec. | 
      
        |  | 51.703, Government Code) . . . $40; and | 
      
        |  | (4)  a filing fee to fund the preservation of court | 
      
        |  | records (Sec. 51.708, Government Code) . . . not more than $10. | 
      
        |  | (b)  Section 101.12125, Government Code, is repealed. | 
      
        |  | SECTION 9.105.  Section 103.0211, Government Code, is | 
      
        |  | amended to conform to Chapter 3 (H.B. 79), Acts of the 82nd | 
      
        |  | Legislature, 1st Called Session, 2011, and is further 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)  [ costs for use of magistrate in Brazos County  | 
      
        |  | (Sec. 54.1116, Government Code) . . . not to exceed $50; | 
      
        |  | [ (5)]  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; [ and | 
      
        |  | [ (F)  in Williamson County (Sec. 54.958,  | 
      
        |  | Government Code) . . . expense of the magistrate;] | 
      
        |  | (5) [ (6)]  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) [ (7)]  fee paid on filing a petition for an order of | 
      
        |  | nondisclosure of criminal history record information in certain | 
      
        |  | cases (Sec. 411.081, Government Code) . . . $28. | 
      
        |  | SECTION 9.106.  (a)  Section 103.0212, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 103.0212.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR | 
      
        |  | CIVIL CASES:  FAMILY CODE.  An accused or defendant, or a party to a | 
      
        |  | civil suit, as applicable, shall pay the following fees and costs | 
      
        |  | under the Family Code if ordered by the court or otherwise required: | 
      
        |  | (1)  in family matters: | 
      
        |  | (A)  issuing writ of withholding (Sec. 8.262, | 
      
        |  | Family Code) . . . $15; | 
      
        |  | (B)  filing copy of writ of withholding to | 
      
        |  | subsequent employer (Sec. 8.267, Family Code) . . . $15; | 
      
        |  | (C)  issuing and delivering modified writ of | 
      
        |  | withholding or notice of termination (Sec. 8.302, Family Code) | 
      
        |  | . . . $15; | 
      
        |  | (D)  issuing and delivering notice of termination | 
      
        |  | of withholding (Sec. 8.303, Family Code) . . . $15; | 
      
        |  | (E)  issuance of change of name certificate (Sec. | 
      
        |  | 45.106, Family Code) . . . $10; | 
      
        |  | (F)  protective order fee (Sec. 81.003, Family | 
      
        |  | Code) . . . $16; | 
      
        |  | (G)  filing suit requesting adoption of child | 
      
        |  | (Sec. 108.006, Family Code) . . . $15; | 
      
        |  | (H)  filing fees for suits affecting parent-child | 
      
        |  | relationship (Sec. 110.002, Family Code): | 
      
        |  | (i)  suit or motion for modification (Sec. | 
      
        |  | 110.002, Family Code) . . . $15; | 
      
        |  | (ii)  motion for enforcement (Sec. 110.002, | 
      
        |  | Family Code) . . . $15; | 
      
        |  | (iii)  notice of application for judicial | 
      
        |  | writ of withholding (Sec. 110.002, Family Code) . . . $15; | 
      
        |  | (iv)  motion to transfer (Sec. 110.002, | 
      
        |  | Family Code) . . . $15; | 
      
        |  | (v)  petition for license suspension (Sec. | 
      
        |  | 110.002, Family Code) . . . $15; | 
      
        |  | (vi)  motion to revoke a stay of license | 
      
        |  | suspension (Sec. 110.002, Family Code) . . . $15; and | 
      
        |  | (vii)  motion for contempt (Sec. 110.002, | 
      
        |  | Family Code) . . . $15; | 
      
        |  | (I)  order or writ of income withholding to be | 
      
        |  | delivered to employer (Sec. 110.004, Family Code) . . . not to | 
      
        |  | exceed $15; | 
      
        |  | (J)  filing fee for transferred case (Sec. | 
      
        |  | 110.005, Family Code) . . . $45; | 
      
        |  | (K)  filing a writ of withholding (Sec. 158.319, | 
      
        |  | Family Code) . . . $15; | 
      
        |  | (L)  filing a request for modified writ of | 
      
        |  | withholding or notice of termination (Sec. 158.403, Family Code) | 
      
        |  | . . . not to exceed $15; | 
      
        |  | (M)  filing an administrative writ to employer | 
      
        |  | (Sec. 158.503, Family Code) . . . not to exceed $15; and | 
      
        |  | (N)  genetic testing fees in relation to a child | 
      
        |  | born to a gestational mother (Sec. 160.762, Family Code) . . . as | 
      
        |  | assessed by the court; and | 
      
        |  | (2)  in juvenile court: | 
      
        |  | (A)  fee schedule for deferred prosecution | 
      
        |  | services (Sec. 53.03, Family Code) . . . maximum fee of $15 a month; | 
      
        |  | (B)  a request fee for a teen court program (Sec. | 
      
        |  | 54.032, Family Code) . . . $20, if the court ordering the fee is | 
      
        |  | located in the Texas-Louisiana border region, but otherwise not to | 
      
        |  | exceed $10; | 
      
        |  | (C)  court costs for juvenile probation diversion | 
      
        |  | fund (Sec. 54.0411, Family Code) . . . $20; | 
      
        |  | (D)  a juvenile delinquency prevention fee (Sec. | 
      
        |  | 54.0461, Family Code) . . . $50; | 
      
        |  | (E)  a court fee for child's probationary period | 
      
        |  | (Sec. 54.061, Family Code) . . . not to exceed $15 a month; | 
      
        |  | (F)  a fee to cover costs of required duties of | 
      
        |  | teen court (Sec. 54.032, Family Code) . . . $20, if the court | 
      
        |  | ordering the fee is located in the Texas-Louisiana border region, | 
      
        |  | but otherwise not to exceed $10; | 
      
        |  | (G)  a fee for DNA testing on commitment to | 
      
        |  | certain facilities (Sec. 54.0462, Family Code) . . . $50; [ and] | 
      
        |  | (H)  a fee for DNA testing after placement on | 
      
        |  | probation or as otherwise required by law (Sec. 54.0462, Family | 
      
        |  | Code) . . . $34; | 
      
        |  | (I)  a program fee for a teen dating violence | 
      
        |  | court program (Sec. 54.0325, Family Code) . . . $10; and | 
      
        |  | (J)  a fee to cover the cost to the court of | 
      
        |  | administering a teen dating violence court program (Sec. 54.0325, | 
      
        |  | Family Code) . . . not to exceed $10. | 
      
        |  | (b)  Section 103.0210, Government Code, is repealed. | 
      
        |  | SECTION 9.107.  Section 103.027, Government Code, is amended | 
      
        |  | to conform to Chapter 3 (H.B. 79), Acts of the 82nd Legislature, 1st | 
      
        |  | Called Session, 2011, to read as follows: | 
      
        |  | Sec. 103.027.  MISCELLANEOUS FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  Fees and costs shall be paid or collected under the | 
      
        |  | Government Code as follows: | 
      
        |  | (1)  filing a certified copy of a judicial finding of | 
      
        |  | fact and conclusion of law if charged by the secretary of state | 
      
        |  | (Sec. 51.905, Government Code) . . . $15; | 
      
        |  | (2)  cost paid by each surety posting the bail bond for | 
      
        |  | an offense other than a misdemeanor punishable by fine only under | 
      
        |  | Chapter 17, Code of Criminal Procedure, for the assistant | 
      
        |  | prosecutor supplement fund and the fair defense account (Sec. | 
      
        |  | 41.258, Government Code) . . . $15, provided the cost does not | 
      
        |  | exceed $30 for all bail bonds posted at that time for an individual | 
      
        |  | and the cost is not required on the posting of a personal or cash | 
      
        |  | bond; | 
      
        |  | (3)  to participate in a court proceeding in this | 
      
        |  | state, a nonresident attorney fee (Sec. 82.0361, Government Code) | 
      
        |  | . . . $250 except as waived or reduced under supreme court rules for | 
      
        |  | representing an indigent person; and | 
      
        |  | (4)  on a party's appeal of a final decision in a | 
      
        |  | contested case, the cost of preparing the original or a certified | 
      
        |  | copy of the record of the agency proceeding, if required by the | 
      
        |  | agency's rule, as a court cost (Sec. 2001.177, Government Code) | 
      
        |  | . . . as assessed by the court, all or part of the cost of | 
      
        |  | preparation[ ; | 
      
        |  | [ (5)  compensation to a referee in juvenile court in  | 
      
        |  | Wichita County taxed as costs if the judge determines the parties  | 
      
        |  | are able to pay the costs (Sec. 54.403, Government Code) . . . as  | 
      
        |  | determined by the judge; and | 
      
        |  | [ (6)  the expense of preserving the record as a court  | 
      
        |  | cost in Brazos County if imposed on a party by the referring court  | 
      
        |  | or magistrate (Sec. 54.1111, Government Code) . . . actual cost]. | 
      
        |  | SECTION 9.108.  (a)  Section 103.029, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 103.029.  MISCELLANEOUS FEES AND COSTS:  HEALTH AND | 
      
        |  | SAFETY CODE.  Fees and costs shall be paid or collected under the | 
      
        |  | Health and Safety Code as follows: | 
      
        |  | (1)  a program fee for a drug court program established | 
      
        |  | under Section 469.002, Health and Safety Code (Sec. 469.004, Health | 
      
        |  | and Safety Code) . . . not to exceed $1,000; | 
      
        |  | (2)  an alcohol or controlled substance testing, | 
      
        |  | counseling, and treatment fee (Sec. 469.004, Health and Safety | 
      
        |  | Code) . . . the amount necessary to cover the costs of testing, | 
      
        |  | counseling, and treatment; | 
      
        |  | (3)  a reasonable program fee for a veterans court | 
      
        |  | program (Sec. 617.006, Health and Safety Code) . . . not to exceed | 
      
        |  | $1,000; [ and] | 
      
        |  | (4)  a testing, counseling, and treatment fee for | 
      
        |  | testing, counseling, or treatment performed or provided under a | 
      
        |  | veterans court program (Sec. 617.006, Health and Safety Code) . . . | 
      
        |  | the amount necessary to cover the costs of testing, counseling, or | 
      
        |  | treatment; and | 
      
        |  | (5)  a program fee for a first offender prostitution | 
      
        |  | prevention program (Sec. 169.005, Health and Safety Code) . . . | 
      
        |  | reasonable amount not to exceed $1,000. | 
      
        |  | (b)  Section 103.0291, Government Code, is repealed. | 
      
        |  | SECTION 9.109.  (a)  Section 103.033, Government Code, is | 
      
        |  | amended to conform to Chapter 182 (H.B. 1156), Acts of the 78th | 
      
        |  | Legislature, Regular Session, 2003, and is further amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 103.033.  MISCELLANEOUS FEES AND COSTS:  THE | 
      
        |  | SECURITIES ACT [ VERNON'S TEXAS CIVIL STATUTES].  A fee [Fees and  | 
      
        |  | costs] shall be [paid or] collected [under Vernon's Texas Civil  | 
      
        |  | Statutes as follows: | 
      
        |  | [ (1)  an appraiser's fee as court costs for determining  | 
      
        |  | the fair value of the shares of the shareholders entitled to payment  | 
      
        |  | for their shares in a real estate investment trust (Sec. 25.20, Art.  | 
      
        |  | 6138A, Vernon's Texas Civil Statutes) . . . a reasonable fee; and | 
      
        |  | [ (2)  a fee] for the sale of securities under an | 
      
        |  | offering that has not been registered, if the transaction or | 
      
        |  | securities are not exempt under Section 35-2, The Securities Act | 
      
        |  | (Article [ (Art.] 581-35-2, Vernon's Texas Civil Statutes), in an | 
      
        |  | amount[  . . . as] set by the securities commissioner or court, but | 
      
        |  | not to exceed six times the amount that would have been paid if the | 
      
        |  | issuer had filed an application to register the securities and paid | 
      
        |  | the fee prescribed based on the amount of sales made in this state | 
      
        |  | within the prior three years, plus interest on that amount from the | 
      
        |  | date of the first sale made in this state until the date the fee is | 
      
        |  | paid. | 
      
        |  | (b)  Section 103.032, Government Code, is repealed. | 
      
        |  | ARTICLE 10.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
        |  | SECTION 10.001.  The heading to Subchapter A, Chapter 285, | 
      
        |  | Health and Safety Code, is amended to conform to changes made to | 
      
        |  | that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER A.  PAYMENT OF HOSPITAL DISTRICT OPERATING EXPENSES IN | 
      
        |  | CERTAIN POPULOUS COUNTIES [ OF AT LEAST 450,000] | 
      
        |  | SECTION 10.002.  The heading to Subchapter B, Chapter 285, | 
      
        |  | Health and Safety Code, is amended to conform to changes made to | 
      
        |  | that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER B.  PARKING STATIONS NEAR HOSPITALS IN COUNTIES OF AT | 
      
        |  | LEAST 1.5 MILLION [ 900,000] | 
      
        |  | SECTION 10.003.  (a)  Section 386.252(f), Health and Safety | 
      
        |  | Code, as added by Chapter 589 (S.B. 20), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is repealed as duplicative of | 
      
        |  | Section 386.252(f), Health and Safety Code, as added by Chapter 892 | 
      
        |  | (S.B. 385), Acts of the 82nd Legislature, Regular Session, 2011. | 
      
        |  | (b)  Chapter 393, Health and Safety Code, as added by Chapter | 
      
        |  | 589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | is repealed as duplicative of Chapter 394, Health and Safety Code, | 
      
        |  | as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011. | 
      
        |  | (c)  Chapter 394, Health and Safety Code, as added by Chapter | 
      
        |  | 589 (S.B. 20), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | is repealed as duplicative of Chapter 393, Health and Safety Code, | 
      
        |  | as added by Chapter 892 (S.B. 385), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011. | 
      
        |  | SECTION 10.004.  Section 533.032(g), Health and Safety Code, | 
      
        |  | as amended by Chapter 1050 (S.B. 71), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, and repealed by Chapter 1083 (S.B. 1179), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | (g)  The department shall: | 
      
        |  | (1)  attach the report required by Subsection (c) to | 
      
        |  | the department's legislative appropriations request for each | 
      
        |  | biennium; | 
      
        |  | (2)  at the time the department presents its | 
      
        |  | legislative appropriations request, present the report to the: | 
      
        |  | (A)  governor; | 
      
        |  | (B)  governor's budget office; | 
      
        |  | (C)  lieutenant governor; | 
      
        |  | (D)  speaker of the house of representatives; | 
      
        |  | (E)  Legislative Budget Board; and | 
      
        |  | (F)  Health and Human Services Commission; and | 
      
        |  | (3)  update the department's long-range plan biennially | 
      
        |  | and include the report in the plan. | 
      
        |  | SECTION 10.005.  The heading to Section 691.008, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | Sec. 691.008.  FEES; [ REPORTS;] AUDITS. | 
      
        |  | SECTION 10.006.  Section 692A.020(i), Health and Safety | 
      
        |  | Code, is amended to correct a reference to read as follows: | 
      
        |  | (i)  The Department of Public Safety shall remit to the | 
      
        |  | comptroller the money collected under Sections 521.421(g) and | 
      
        |  | 521.422(c), Transportation Code, as provided by those | 
      
        |  | subsections.  A county assessor-collector shall remit to the | 
      
        |  | comptroller any money collected under Section 502.405 [ 502.1745], | 
      
        |  | Transportation Code, as provided by that section.  Money remitted | 
      
        |  | to the comptroller in accordance with those sections that is | 
      
        |  | appropriated to the department shall be disbursed to the nonprofit | 
      
        |  | organization administering the registry under this section under | 
      
        |  | the terms of the contract between the department and the | 
      
        |  | organization to pay the costs of: | 
      
        |  | (1)  maintaining, operating, and updating the | 
      
        |  | Internet-based registry and establishing procedures for an | 
      
        |  | individual to be added to the registry; | 
      
        |  | (2)  designing and distributing educational materials | 
      
        |  | for prospective donors as required under this section; and | 
      
        |  | (3)  providing education under this chapter. | 
      
        |  | SECTION 10.007.  Section 711.008(b), Health and Safety Code, | 
      
        |  | as amended by Chapters 721 (H.B. 788) and 1017 (H.B. 2643), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Subsection (a) does not apply to: | 
      
        |  | (1)  a cemetery heretofore established and operating; | 
      
        |  | (2)  the establishment and use of a columbarium by an | 
      
        |  | organized religious society or sect that is exempt from income | 
      
        |  | taxation under Section 501(a), Internal Revenue Code of 1986, by | 
      
        |  | being listed under Section 501(c)(3) of that code, as part of or | 
      
        |  | attached to the principal church building owned by the society or | 
      
        |  | sect; | 
      
        |  | (3)  the establishment and use of a columbarium by an | 
      
        |  | organized religious society or sect that is exempt from income | 
      
        |  | taxation under Section 501(a), Internal Revenue Code of 1986, by | 
      
        |  | being listed under Section 501(c)(3) of that code, on land that: | 
      
        |  | (A)  is owned by the society or sect; and | 
      
        |  | (B)  is part of the campus on which an existing | 
      
        |  | principal church building is located; | 
      
        |  | (4)  the establishment and use of a columbarium on the | 
      
        |  | campus of a private or independent institution of higher education, | 
      
        |  | as defined by Section 61.003, Education Code, that is wholly or | 
      
        |  | substantially controlled, managed, owned, or supported by or | 
      
        |  | otherwise affiliated with an organized religious society or sect | 
      
        |  | that is exempt from income taxation under Section 501(a), Internal | 
      
        |  | Revenue Code of 1986, by being listed under Section 501(c)(3) of | 
      
        |  | that code, if a place of worship is located on the campus; | 
      
        |  | (5)  the establishment and use of a mausoleum that is: | 
      
        |  | (A)  constructed beneath the principal church | 
      
        |  | building owned by an organized religious society or sect that: | 
      
        |  | (i)  is exempt from income taxation under | 
      
        |  | Section 501(a), Internal Revenue Code of 1986, by being listed | 
      
        |  | under Section 501(c)(3) of that code; and | 
      
        |  | (ii)  has recognized religious traditions | 
      
        |  | and practices of interring the remains of ordained clergy in or | 
      
        |  | below the principal church building; and | 
      
        |  | (B)  used only for the interment of the remains of | 
      
        |  | ordained clergy of that organized religious society or sect; [ or] | 
      
        |  | (6)  the establishment and operation, if authorized in | 
      
        |  | accordance with Subsection (h), of a perpetual care cemetery by an | 
      
        |  | organized religious society or sect that: | 
      
        |  | (A)  is exempt from income taxation under Section | 
      
        |  | 501(a), Internal Revenue Code of 1986, by being listed under | 
      
        |  | Section 501(c)(3) of that code; | 
      
        |  | (B)  has been in existence for at least five | 
      
        |  | years; | 
      
        |  | (C)  has at least $500,000 in assets; and | 
      
        |  | (D)  establishes and operates the cemetery on land | 
      
        |  | that: | 
      
        |  | (i)  is owned by the society or sect; | 
      
        |  | (ii)  together with any other land owned by | 
      
        |  | the society or sect and adjacent to the land on which the cemetery | 
      
        |  | is located, is not less than 10 acres; and | 
      
        |  | (iii)  is in a municipality with a | 
      
        |  | population of at least one million that is located predominantly in | 
      
        |  | a county that has a total area of less than 1,000 square miles; or | 
      
        |  | (7) [ (6)]  the establishment and use of a private | 
      
        |  | family cemetery by an organization that is exempt from income | 
      
        |  | taxation under Section 501(a), Internal Revenue Code of 1986, by | 
      
        |  | being listed under Section 501(c)(3) of that code, on land that is: | 
      
        |  | (A)  owned by the organization; and | 
      
        |  | (B)  located in a county: | 
      
        |  | (i)  with a population of more than 125,000; | 
      
        |  | and | 
      
        |  | (ii)  that is adjacent to a county that has a | 
      
        |  | population of more than 1.5 million and in which more than 75 | 
      
        |  | percent of the population lives in a single municipality. | 
      
        |  | SECTION 10.008.  Section 711.009(c), Health and Safety Code, | 
      
        |  | is amended to correct a typographical error to read as follows: | 
      
        |  | (c)  This section applies only to a cemetery located in a | 
      
        |  | municipality with a population [ popluation] of 40,000 or more or in | 
      
        |  | a county with a population of 290,000 or more. | 
      
        |  | SECTION 10.009.  The heading to Subchapter C, Chapter 772, | 
      
        |  | Health and Safety Code, is amended to conform to changes made to | 
      
        |  | that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER C.  EMERGENCY COMMUNICATION DISTRICTS:  COUNTIES WITH | 
      
        |  | POPULATION OVER 1.5 MILLION [ 860,000] | 
      
        |  | SECTION 10.010.  The heading to Subchapter E, Chapter 772, | 
      
        |  | Health and Safety Code, is amended to conform to changes made to | 
      
        |  | that subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER E.  EMERGENCY COMMUNICATION SERVICE:  COUNTIES WITH | 
      
        |  | POPULATION OVER TWO [ 1.5] MILLION | 
      
        |  | ARTICLE 11.  CHANGES RELATING TO INSURANCE CODE | 
      
        |  | SECTION 11.001.  Section 843.461(b), Insurance Code, is | 
      
        |  | amended to more closely conform to the source law from which the | 
      
        |  | section was derived to read as follows: | 
      
        |  | (b)  The commissioner may take an enforcement action listed | 
      
        |  | in Subsection (a) against a health maintenance organization if the | 
      
        |  | commissioner finds that the health maintenance organization: | 
      
        |  | (1)  is operating in a manner that is: | 
      
        |  | (A)  significantly contrary to its basic | 
      
        |  | organizational documents or health care plan; or | 
      
        |  | (B)  contrary to the manner described in and | 
      
        |  | reasonably inferred from other information submitted under Section | 
      
        |  | 843.078, 843.079, or 843.080; | 
      
        |  | (2)  issues an evidence of coverage or uses a schedule | 
      
        |  | of charges for health care services that does not comply with the | 
      
        |  | requirements of Sections 843.346, 1271.001-1271.005, 1271.007, | 
      
        |  | 1271.151, 1271.152, and 1271.156, and Subchapters B, C, E, F, and G, | 
      
        |  | Chapter 1271; | 
      
        |  | (3)  does not meet the requirements of Section | 
      
        |  | 843.082(1); | 
      
        |  | (4)  provides a health care plan that does not provide | 
      
        |  | or arrange for basic health care services, provides a limited | 
      
        |  | health care service plan that does not provide or arrange for the | 
      
        |  | plan's limited health care services, or provides a single health | 
      
        |  | care service plan that does not provide or arrange for a single | 
      
        |  | health care service; | 
      
        |  | (5)  cannot fulfill its obligation to provide: | 
      
        |  | (A)  health care services as required under its | 
      
        |  | health care plan; | 
      
        |  | (B)  limited health care services as required | 
      
        |  | under its limited health care service plan; or | 
      
        |  | (C)  a single health care service as required | 
      
        |  | under its single health care service plan; | 
      
        |  | (6)  is no longer financially responsible and may | 
      
        |  | reasonably be expected to be unable to meet its obligations to | 
      
        |  | enrollees or prospective enrollees; | 
      
        |  | (7)  has not implemented the complaint system required | 
      
        |  | by Section 843.251 in a manner to resolve reasonably valid | 
      
        |  | complaints; | 
      
        |  | (8)  has advertised or merchandised its services in an | 
      
        |  | untrue, misrepresentative, misleading, deceptive, or unfair manner | 
      
        |  | or a person on behalf of the health maintenance organization has | 
      
        |  | advertised or merchandised the health maintenance organization's | 
      
        |  | services in an untrue, misrepresentative, misleading, deceptive, | 
      
        |  | or unfair [ untrue] manner; | 
      
        |  | (9)  would be hazardous to its enrollees if it | 
      
        |  | continued in operation; | 
      
        |  | (10)  has not complied substantially with: | 
      
        |  | (A)  this chapter or a rule adopted under this | 
      
        |  | chapter; or | 
      
        |  | (B)  Section 1367.053, Subchapter A, Chapter | 
      
        |  | 1452, Subchapter B, Chapter 1507, Chapter 222, 251, or 258, as | 
      
        |  | applicable to a health maintenance organization, or Chapter 1271 or | 
      
        |  | 1272 or a rule adopted under one of those provisions; or | 
      
        |  | (11)  has not taken corrective action the commissioner | 
      
        |  | considers necessary to correct a failure to comply with this | 
      
        |  | chapter, any applicable provision of this code, or any applicable | 
      
        |  | rule or order of the commissioner not later than the 30th day after | 
      
        |  | the date of notice of the failure or within any longer period | 
      
        |  | specified in the notice and determined by the commissioner to be | 
      
        |  | reasonable. | 
      
        |  | ARTICLE 12.  CHANGES RELATING TO LOCAL GOVERNMENT CODE | 
      
        |  | SECTION 12.001.  Section 106.002, Local Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 106.002.  DEPOSITS TO FUND.  The following money shall | 
      
        |  | be deposited in the fund: | 
      
        |  | (1)  court costs collected under Article 102.014, Code | 
      
        |  | of Criminal Procedure; and | 
      
        |  | (2)  optional motor vehicle registration fees remitted | 
      
        |  | to the municipality by the county under Section 502.403 [ 502.173], | 
      
        |  | Transportation Code. | 
      
        |  | SECTION 12.002.  Section 132.002(a), Local Government Code, | 
      
        |  | as amended by Chapters 1022 (H.B. 2717) and 1341 (S.B. 1233), Acts | 
      
        |  | of the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The commissioners court of a county may authorize a | 
      
        |  | county or precinct officer who collects fees, fines, court costs, | 
      
        |  | or other charges on behalf of the county or the state to accept | 
      
        |  | payment by credit card, [ or by] the electronic processing of | 
      
        |  | checks, or other electronic means of a fee, fine, court costs, or | 
      
        |  | other charge.  The commissioners court may also authorize a county | 
      
        |  | or precinct officer to collect and retain a fee for processing the | 
      
        |  | payment by credit card, [ or by] the electronic processing of | 
      
        |  | checks, or other electronic means. | 
      
        |  | SECTION 12.003.  The heading to Subchapter E, Chapter 214, | 
      
        |  | Local Government Code, is amended to conform to changes made to that | 
      
        |  | subchapter by Chapter 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | SUBCHAPTER E.  COMMERCIAL BUILDING PERMITS IN CERTAIN POPULOUS | 
      
        |  | MUNICIPALITIES [ WITH POPULATION OF MORE THAN 900,000] | 
      
        |  | SECTION 12.004.  Section 232.040(b), Local Government Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (b)  Except as provided by Subsection (c), a lot in a | 
      
        |  | subdivision may not be sold if the lot lacks water and sewer | 
      
        |  | services as required by this subchapter unless the lot is platted or | 
      
        |  | replatted as required by this subchapter. A subdivider or agent of a | 
      
        |  | subdivider may not transfer a lot through an executory contract or | 
      
        |  | other similar conveyance to evade the requirements of this | 
      
        |  | subchapter.  The prohibition in this subsection includes the sale | 
      
        |  | of a lot: | 
      
        |  | (1)  by a subdivider who regains possession of a lot | 
      
        |  | previously exempt under Subsection (c) through the exercise of a | 
      
        |  | remedy described in Section 5.064 [ 5.061], Property Code; or | 
      
        |  | (2)  for which it is shown at a proceeding brought in | 
      
        |  | the district court in which the property is located that the sale of | 
      
        |  | a lot otherwise exempt under Subsection (c) was made for the purpose | 
      
        |  | of evading the requirements of this subchapter. | 
      
        |  | SECTION 12.005.  Section 240.048, Local Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 240.048.  EXCEPTIONS.  This subchapter does not apply | 
      
        |  | to: | 
      
        |  | (1)  a private water well drilled: | 
      
        |  | (A)  on a parcel of land that: | 
      
        |  | (i)  is 10 acres or more in size; or | 
      
        |  | (ii)  is qualified open-space land, as | 
      
        |  | defined by Section 23.51, Tax Code; | 
      
        |  | (B)  within the boundaries of a groundwater | 
      
        |  | conservation district; | 
      
        |  | (C)  within the boundaries of a subsidence | 
      
        |  | district other than the Harris-Galveston [ Coastal] Subsidence | 
      
        |  | District; or | 
      
        |  | (D)  incident to the exploration, development, or | 
      
        |  | production of oil, gas, or other minerals; or | 
      
        |  | (2)  a public water system that has been permitted | 
      
        |  | under rules adopted by the Texas Commission on Environmental | 
      
        |  | Quality. | 
      
        |  | SECTION 12.006.  Section 351.045, Local Government Code, as | 
      
        |  | added by Chapters 759 (H.B. 1566), 760 (H.B. 1567), and 975 (H.B. | 
      
        |  | 1568), Acts of the 82nd Legislature, Regular Session, 2011, is | 
      
        |  | reenacted to read as follows: | 
      
        |  | Sec. 351.045.  EMPLOYMENT OF HEALTH CARE PROVIDERS. | 
      
        |  | (a)  The commissioners court of a county may appoint, contract for, | 
      
        |  | or employ licensed physicians, dentists, or other health care | 
      
        |  | providers to provide health care services to inmates in the custody | 
      
        |  | of the sheriff. | 
      
        |  | (b)  This section may not be construed as authorizing a | 
      
        |  | commissioners court to supervise or control the practice of | 
      
        |  | medicine as prohibited by Subtitle B, Title 3, Occupations Code, or | 
      
        |  | to supervise or control the practice of dentistry as prohibited by | 
      
        |  | Subtitle D, Title 3, Occupations Code. | 
      
        |  | ARTICLE 13.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
        |  | SECTION 13.001.  Section 62.001(e), Natural Resources Code, | 
      
        |  | is amended to correct references to read as follows: | 
      
        |  | (e)  The provisions of this chapter do not permit any | 
      
        |  | interference with the right the public has under the provisions of | 
      
        |  | Subchapter B, [ of] Chapter 61, [of this code] to the free and | 
      
        |  | unrestricted use of, and to ingress and egress to, the area | 
      
        |  | bordering on the Gulf of Mexico from mean low tide to the line of | 
      
        |  | vegetation, as that term is defined in [ Subsection (2),] Section | 
      
        |  | 61.001 [ of this code].  A county, county official, or anyone acting | 
      
        |  | under the authority of this chapter may not exercise any authority, | 
      
        |  | contract out a right to exercise authority, or otherwise delegate | 
      
        |  | authority beyond that specifically granted to it in Sections 61.122 | 
      
        |  | through 61.128 [ of this code] over that area notwithstanding any of | 
      
        |  | the specific provisions of this chapter.  The rights established in | 
      
        |  | Subchapters B and D, [ of] Chapter 61, [of this code] are paramount | 
      
        |  | over the rights or interests that might otherwise be created by the | 
      
        |  | provisions of this chapter, and nothing in this chapter encroaches | 
      
        |  | on those rights or upon land, or interests in land, that may | 
      
        |  | ultimately be held subject to those rights. | 
      
        |  | SECTION 13.002.  Section 62.091(a), Natural Resources Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  The following land is under the jurisdiction of the | 
      
        |  | board: | 
      
        |  | (1)  public beaches owned in fee by the county; and | 
      
        |  | (2)  land used as parks in connection with public | 
      
        |  | beaches not located inside the boundaries of an incorporated city | 
      
        |  | and not inside the area bordering on the Gulf of Mexico from the | 
      
        |  | line of mean low tide to the line of vegetation as that term is | 
      
        |  | defined in Section 61.001 [ 61.001(2) of this code]. | 
      
        |  | ARTICLE 14.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
        |  | SECTION 14.001.  The heading to Section 203.154, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 203.154.  [ ANNUAL REPORT;] REPORTS ON MIDWIFERY. | 
      
        |  | SECTION 14.002.  The heading to Section 452.159, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 452.159.  BIENNIAL REPORT [ ANNUAL REPORTS]. | 
      
        |  | SECTION 14.003.  Section 801.353(d-1), Occupations Code, as | 
      
        |  | added by Chapters 231 (H.B. 413) and 411 (S.B. 811), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (d-1)  The privilege provided by this section is waived by | 
      
        |  | the client or the owner of the animal treated by the veterinarian in | 
      
        |  | a proceeding to substantiate and collect on a claim for the | 
      
        |  | provision of or a debt incurred for veterinary services. | 
      
        |  | SECTION 14.004.  Section 1103.403(b), Occupations Code, is | 
      
        |  | amended to correct an error in punctuation to read as follows: | 
      
        |  | (b)  Not later than the 10th day after the date an  appraiser | 
      
        |  | changes the appraiser's address, e-mail address, or telephone | 
      
        |  | number, the appraiser shall [ :] notify the board of the change and | 
      
        |  | pay any required fee. | 
      
        |  | SECTION 14.005.  Section 1602.262(a), Occupations Code, as | 
      
        |  | amended by Chapters 331 (H.B. 2727) and 1241 (S.B. 1170), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (a)  An applicant for a license under this chapter is | 
      
        |  | entitled to the license if the applicant: | 
      
        |  | (1)  meets the applicable eligibility requirements; | 
      
        |  | (2)  passes the applicable examination; | 
      
        |  | (3)  pays the required fee; | 
      
        |  | (4)  has not committed an act that constitutes a ground | 
      
        |  | for denial of the license; and | 
      
        |  | (5)  submits an application on a form prescribed by the | 
      
        |  | department. | 
      
        |  | ARTICLE 15.  CHANGES RELATING TO PARKS AND WILDLIFE CODE | 
      
        |  | SECTION 15.001.  Section 47.001(9), Parks and Wildlife Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (9)  "Place of business" means a permanent structure on | 
      
        |  | land or a motor vehicle required to be registered under Section | 
      
        |  | 502.040 [ 502.002], Transportation Code, where aquatic products or | 
      
        |  | orders for aquatic products are received or where aquatic products | 
      
        |  | are sold or purchased but does not include a boat or any type of | 
      
        |  | floating device, a public cold storage vault, the portion of a | 
      
        |  | structure that is used as a residence, or a vehicle from which no | 
      
        |  | orders are taken or no shipments or deliveries are made other than | 
      
        |  | to the place of business of a licensee in this state. | 
      
        |  | ARTICLE 16. CHANGES RELATING TO PENAL CODE | 
      
        |  | SECTION 16.001.  Section 12.42(b), Penal Code, as amended by | 
      
        |  | Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  Except as provided by Subsection (c)(2) or (c)(4), as | 
      
        |  | amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, if it is shown on the trial of a felony of the | 
      
        |  | second degree that the defendant has previously been finally | 
      
        |  | convicted of a felony other than a state jail felony punishable | 
      
        |  | under Section 12.35(a), on conviction the defendant shall be | 
      
        |  | punished for a felony of the first degree. | 
      
        |  | SECTION 16.002.  Section 12.42(d), Penal Code, as amended by | 
      
        |  | Chapters 834 (H.B. 3384) and 1119 (H.B. 3), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  Except as provided by Subsection (c)(2) or (c)(4), as | 
      
        |  | amended by Chapter 1119 (H.B. 3), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, if it is shown on the trial of a felony | 
      
        |  | offense other than a state jail felony punishable under Section | 
      
        |  | 12.35(a) that the defendant has previously been finally convicted | 
      
        |  | of two felony offenses, and the second previous felony conviction | 
      
        |  | is for an offense that occurred subsequent to the first previous | 
      
        |  | conviction having become final, on conviction the defendant shall | 
      
        |  | be punished by imprisonment in the Texas Department of Criminal | 
      
        |  | Justice for life, or for any term of not more than 99 years or less | 
      
        |  | than 25 years. A previous conviction for a state jail felony | 
      
        |  | punishable under Section 12.35(a) may not be used for enhancement | 
      
        |  | purposes under this subsection. | 
      
        |  | SECTION 16.003.  Section 12.42(f), Penal Code, is amended to | 
      
        |  | conform to the repeal of Section 12.42(e), Penal Code, by Chapter | 
      
        |  | 834 (H.B. 3384), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, and to correct a reference to read as follows: | 
      
        |  | (f)  For the purposes of Subsections (a), (b), and (c)(1), | 
      
        |  | [ and (e),] an adjudication by a juvenile court under Section 54.03, | 
      
        |  | Family Code, that a child engaged in delinquent conduct on or after | 
      
        |  | January 1, 1996, constituting a felony offense for which the child | 
      
        |  | is committed to the Texas Juvenile Justice Department [ Youth  | 
      
        |  | Commission] under Section 54.04(d)(2), (d)(3), or (m), Family Code, | 
      
        |  | or Section 54.05(f), Family Code, is a final felony conviction. | 
      
        |  | SECTION 16.004.  Section 37.01(2), Penal Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | (2)  "Governmental record" means: | 
      
        |  | (A)  anything belonging to, received by, or kept | 
      
        |  | by government for information, including a court record; | 
      
        |  | (B)  anything required by law to be kept by others | 
      
        |  | for information of government; | 
      
        |  | (C)  a license, certificate, permit, seal, title, | 
      
        |  | letter of patent, or similar document issued by government, by | 
      
        |  | another state, or by the United States; | 
      
        |  | (D)  a standard proof of motor vehicle liability | 
      
        |  | insurance form described by Section 601.081, Transportation Code, a | 
      
        |  | certificate of an insurance company described by Section 601.083 of | 
      
        |  | that code, a document purporting to be such a form or certificate | 
      
        |  | that is not issued by an insurer authorized to write motor vehicle | 
      
        |  | liability insurance in this state, an electronic submission in a | 
      
        |  | form described by Section 502.046(i) [ 502.153(i)], Transportation | 
      
        |  | Code, or an evidence of financial responsibility described by | 
      
        |  | Section 601.053 of that code; | 
      
        |  | (E)  an official ballot or other election record; | 
      
        |  | or | 
      
        |  | (F)  the written documentation a mobile food unit | 
      
        |  | is required to obtain under Section 437.0074, Health and Safety | 
      
        |  | Code. | 
      
        |  | SECTION 16.005.  Section 71.02(a), Penal Code, as amended by | 
      
        |  | Chapters 68 (S.B. 934) and 223 (H.B. 260), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A person commits an offense if, with the intent to | 
      
        |  | establish, maintain, or participate in a combination or in the | 
      
        |  | profits of a combination or as a member of a criminal street gang, | 
      
        |  | the person commits or conspires to commit one or more of the | 
      
        |  | following: | 
      
        |  | (1)  murder, capital murder, arson, aggravated | 
      
        |  | robbery, robbery, burglary, theft, aggravated kidnapping, | 
      
        |  | kidnapping, aggravated assault, aggravated sexual assault, sexual | 
      
        |  | assault, forgery, deadly conduct, assault punishable as a Class A | 
      
        |  | misdemeanor, burglary of a motor vehicle, or unauthorized use of a | 
      
        |  | motor vehicle; | 
      
        |  | (2)  any gambling offense punishable as a Class A | 
      
        |  | misdemeanor; | 
      
        |  | (3)  promotion of prostitution, aggravated promotion | 
      
        |  | of prostitution, or compelling prostitution; | 
      
        |  | (4)  unlawful manufacture, transportation, repair, or | 
      
        |  | sale of firearms or prohibited weapons; | 
      
        |  | (5)  unlawful manufacture, delivery, dispensation, or | 
      
        |  | distribution of a controlled substance or dangerous drug, or | 
      
        |  | unlawful possession of a controlled substance or dangerous drug | 
      
        |  | through forgery, fraud, misrepresentation, or deception; | 
      
        |  | (5-a)  causing the unlawful delivery, dispensation, or | 
      
        |  | distribution of a controlled substance or dangerous drug in | 
      
        |  | violation of Subtitle B, Title 3, Occupations Code; | 
      
        |  | (6)  any unlawful wholesale promotion or possession of | 
      
        |  | any obscene material or obscene device with the intent to wholesale | 
      
        |  | promote the same; | 
      
        |  | (7)  any offense under Subchapter B, Chapter 43, | 
      
        |  | depicting or involving conduct by or directed toward a child | 
      
        |  | younger than 18 years of age; | 
      
        |  | (8)  any felony offense under Chapter 32; | 
      
        |  | (9)  any offense under Chapter 36; | 
      
        |  | (10)  any offense under Chapter 34, 35, or 35A; | 
      
        |  | (11)  any offense under Section 37.11(a); | 
      
        |  | (12)  any offense under Chapter 20A; | 
      
        |  | (13)  any offense under Section 37.10; | 
      
        |  | (14)  any offense under Section 38.06, 38.07, 38.09, or | 
      
        |  | 38.11; | 
      
        |  | (15)  any offense under Section 42.10; | 
      
        |  | (16)  any offense under Section 46.06(a)(1) or 46.14; | 
      
        |  | [ or] | 
      
        |  | (17)  any offense under Section 20.05; or | 
      
        |  | (18) [ (17)]  any offense classified as a felony under | 
      
        |  | the Tax Code. | 
      
        |  | ARTICLE 17. CHANGES RELATING TO PROPERTY CODE | 
      
        |  | SECTION 17.001.  Section 51.002(i), Property Code, as added | 
      
        |  | by Chapters 252 (H.B. 1127) and 592 (S.B. 101), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (i)  Notice served on a debtor under this section must state | 
      
        |  | the name and address of the sender of the notice and contain, in | 
      
        |  | addition to any other statements required under this section, a | 
      
        |  | statement that is conspicuous, printed in boldface or underlined | 
      
        |  | type, and substantially similar to the following:  "Assert and | 
      
        |  | protect your rights as a member of the armed forces of the United | 
      
        |  | States.  If you are or your spouse is serving on active military | 
      
        |  | duty, including active military duty as a member of the Texas | 
      
        |  | National Guard or the National Guard of another state or as a member | 
      
        |  | of a reserve component of the armed forces of the United States, | 
      
        |  | please send written notice of the active duty military service to | 
      
        |  | the sender of this notice immediately." | 
      
        |  | SECTION 17.002.  (a)  Section 209.003(e), Property Code, as | 
      
        |  | added by Chapters 1142 (H.B. 1821) and 1282 (H.B. 1228), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is reenacted to conform to | 
      
        |  | Section 209.003(e), Property Code, as added by Chapter 1026 (H.B. | 
      
        |  | 2761), Acts of the 82nd Legislature, Regular Session, 2011, and | 
      
        |  | Section 209.003(e), Property Code, as added by Chapter 1217 (S.B. | 
      
        |  | 472), Acts of the 82nd Legislature, Regular Session, 2011, to read | 
      
        |  | as follows: | 
      
        |  | (e)  The following provisions of this chapter do not apply to | 
      
        |  | a property owners' association that is a mixed-use master | 
      
        |  | association that existed before January 1, 1974, and that does not | 
      
        |  | have the authority under a dedicatory instrument or other governing | 
      
        |  | document to impose fines: | 
      
        |  | (1)  Section 209.005(c); | 
      
        |  | (2)  Section 209.0056; | 
      
        |  | (3)  Section 209.0057; | 
      
        |  | (4)  Section 209.0058; | 
      
        |  | (5)  Section 209.00592; and | 
      
        |  | (6)  Section 209.0062. | 
      
        |  | (b)  Section 209.003(e), Property Code, as added by Chapter | 
      
        |  | 1026 (H.B. 2761), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, and Section 209.003(e), Property Code, as added by Chapter | 
      
        |  | 1217 (S.B. 472), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, are repealed. | 
      
        |  | SECTION 17.003.  Sections 209.0058, 209.0059, 209.00592, | 
      
        |  | and 209.00593, Property Code, as added by Chapter 1217 (S.B. 472), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011, are repealed | 
      
        |  | as duplicative of Sections 209.0058, 209.0059, 209.00591, and | 
      
        |  | 209.00592, Property Code, as added by Chapter 1026 (H.B. 2761), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 17.004.  Section 209.0062, Property Code, as added | 
      
        |  | by Chapter 1142 (H.B. 1821), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is repealed as duplicative of Section 209.0062, | 
      
        |  | Property Code, as added by Chapter 1282 (H.B. 1228), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011. | 
      
        |  | ARTICLE 18. CHANGES RELATING TO SPECIAL DISTRICT LOCAL LAWS CODE | 
      
        |  | PART A. GENERAL CHANGES | 
      
        |  | SECTION 18.001.  Section 1072.021, Special District Local | 
      
        |  | Laws Code, is amended to add a heading to read as follows: | 
      
        |  | Sec. 1072.021.  ELECTION ON CREATION OF DISTRICT.  (a)  The | 
      
        |  | Commissioners Court of Runnels County shall order an election for | 
      
        |  | the registered voters of Runnels County who do not reside in the | 
      
        |  | Ballinger Memorial Hospital District or the North Runnels County | 
      
        |  | Hospital District on the question of creating the Runnels County | 
      
        |  | Hospital District if the commissioners court receives notice that: | 
      
        |  | (1)  the board of directors of the Ballinger Memorial | 
      
        |  | Hospital District intends to order an election to dissolve the | 
      
        |  | Ballinger Memorial Hospital District and create the Runnels County | 
      
        |  | Hospital District under Subchapter D-1, Chapter 1004; and | 
      
        |  | (2)  the board of directors of the North Runnels County | 
      
        |  | Hospital District intends to order an election to dissolve the | 
      
        |  | North Runnels County Hospital District and create the Runnels | 
      
        |  | County Hospital District under Section 20c, Chapter 206, Acts of | 
      
        |  | the 61st Legislature, Regular Session, 1969. | 
      
        |  | (b)  The Commissioners Court of Runnels County shall notify | 
      
        |  | the boards of directors of the Ballinger Memorial Hospital District | 
      
        |  | and the North Runnels County Hospital District that the | 
      
        |  | commissioners court intends to hold the election under this | 
      
        |  | section. | 
      
        |  | (c)  The election held under this section shall be held on | 
      
        |  | the same date as the elections to dissolve the Ballinger Memorial | 
      
        |  | Hospital District and the North Runnels County Hospital District | 
      
        |  | and to create the Runnels County Hospital District.  The | 
      
        |  | Commissioners Court of Runnels County shall coordinate with the | 
      
        |  | boards of directors of the Ballinger Memorial Hospital District and | 
      
        |  | the North Runnels County Hospital District in setting the election | 
      
        |  | date under this section. | 
      
        |  | (d)  The order calling the election under this section must | 
      
        |  | state: | 
      
        |  | (1)  the nature of the election, including the | 
      
        |  | proposition that is to appear on the ballot; | 
      
        |  | (2)  the date of the election; | 
      
        |  | (3)  the hours during which the polls will be open; and | 
      
        |  | (4)  the location of the polling places. | 
      
        |  | (e)  Section 41.001, Election Code, does not apply to an | 
      
        |  | election ordered under this section. | 
      
        |  | (f)  The Commissioners Court of Runnels County shall give | 
      
        |  | notice of an election under this section by publishing a | 
      
        |  | substantial copy of the election order in a newspaper with general | 
      
        |  | circulation in Runnels County once a week for two consecutive | 
      
        |  | weeks.  The first publication must appear not later than the 35th | 
      
        |  | day before the date set for the election. | 
      
        |  | (g)  The ballot for an election under this section must be | 
      
        |  | printed to permit voting for or against the proposition:  "The | 
      
        |  | creation of the Runnels County Hospital District, providing for the | 
      
        |  | imposition of an ad valorem tax at a rate not to exceed ___ cents | 
      
        |  | (insert any rate not to exceed 75 cents) on each $100 valuation of | 
      
        |  | taxable property in Runnels County. | 
      
        |  | (h)  The Commissioners Court of Runnels County shall find | 
      
        |  | that the Runnels County Hospital District is created if: | 
      
        |  | (1)  a majority of the votes in an election held on the | 
      
        |  | same date under Subchapter D-1, Chapter 1004, favor dissolution of | 
      
        |  | the Ballinger Memorial Hospital District and creation of the | 
      
        |  | Runnels County Hospital District; | 
      
        |  | (2)  a majority of the votes in an election held on the | 
      
        |  | same date under Section 20c, Chapter 206, Acts of the 61st | 
      
        |  | Legislature, Regular Session, 1969, favor dissolution of the North | 
      
        |  | Runnels County Hospital District and creation of the Runnels County | 
      
        |  | Hospital District; and | 
      
        |  | (3)  a cumulative majority of the votes held in the | 
      
        |  | election called by the commissioners court and in the elections | 
      
        |  | described by Subdivisions (1) and (2) favor creation of the Runnels | 
      
        |  | County Hospital District. | 
      
        |  | SECTION 18.002.  (a)  Section 1103.052, Special District | 
      
        |  | Local Laws Code, as effective April 1, 2013, is amended to conform | 
      
        |  | to Section 1, Chapter 400, Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | Sec. 1103.052.  NOTICE OF ELECTION.  Notice [ At least 10 days  | 
      
        |  | before the date] of a directors' election[, notice of the election] | 
      
        |  | must be published in accordance with Section 4.003, Election Code | 
      
        |  | [ one time in a newspaper of general circulation in Swisher County]. | 
      
        |  | (b)  Section 1103.053, Special District Local Laws Code, as | 
      
        |  | effective April 1, 2013, is amended to conform to Section 1, Chapter | 
      
        |  | 400, Acts of the 82nd Legislature, Regular Session, 2011, to read as | 
      
        |  | follows: | 
      
        |  | Sec. 1103.053.  BALLOT APPLICATION [ PETITION].  A person who | 
      
        |  | wants to have the person's name printed on the ballot as a candidate | 
      
        |  | for director must file with the board secretary an application in | 
      
        |  | accordance with Chapter 144 [ a petition requesting that action.   | 
      
        |  | The petition must be: | 
      
        |  | [ (1)  signed by not less than 25 registered voters; and | 
      
        |  | [ (2)  filed by the deadline imposed by Section  | 
      
        |  | 144.005], Election Code. | 
      
        |  | (c)  Section 1103.054(a), Special District Local Laws Code, | 
      
        |  | as effective April 1, 2013, is amended to conform to Section 1, | 
      
        |  | Chapter 400, Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | (a)  A person must at the time of election or appointment as | 
      
        |  | director: | 
      
        |  | (1)  be a registered voter of the district [ own  | 
      
        |  | property subject to taxation in the district]; and | 
      
        |  | (2)  be at least 18 years of age. | 
      
        |  | (d)  Section 1, Chapter 400, Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed. | 
      
        |  | SECTION 18.003.  (a)  Subchapter D, Chapter 1103, Special | 
      
        |  | District Local Laws Code, as effective April 1, 2013, is amended to | 
      
        |  | conform to Section 2, Chapter 400, Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, by adding Section 1103.156 to read as | 
      
        |  | follows: | 
      
        |  | Sec. 1103.156.  AUTHORITY TO BORROW MONEY; SECURITY. | 
      
        |  | (a)  The board may borrow money at a rate not to exceed the maximum | 
      
        |  | annual percentage rate allowed by law for district obligations at | 
      
        |  | the time the loan is made. | 
      
        |  | (b)  To secure a loan, the board may pledge: | 
      
        |  | (1)  district revenue that is not pledged to pay the | 
      
        |  | district's bonded indebtedness; | 
      
        |  | (2)  district taxes to be imposed by the district | 
      
        |  | during the 12-month period following the date of the pledge that are | 
      
        |  | not pledged to pay the principal of or interest on district bonds; | 
      
        |  | or | 
      
        |  | (3)  district bonds that have been authorized but not | 
      
        |  | sold. | 
      
        |  | (c)  A loan for which taxes or bonds are pledged must mature | 
      
        |  | not later than the first anniversary of the date the loan is made.  A | 
      
        |  | loan for which district revenue is pledged must mature not later | 
      
        |  | than the fifth anniversary of the date the loan is made. | 
      
        |  | (b)  Subchapter E, Chapter 1103, Special District Local Laws | 
      
        |  | Code, as effective April 1, 2013, is amended to conform to Section | 
      
        |  | 2, Chapter 400, Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, by adding Sections 1103.2045, 1103.208, and 1103.209 to read | 
      
        |  | as follows: | 
      
        |  | Sec. 1103.2045.  REVENUE BONDS.  (a)  The board may issue | 
      
        |  | revenue bonds to: | 
      
        |  | (1)  purchase, construct, acquire, repair, or renovate | 
      
        |  | buildings or improvements; | 
      
        |  | (2)  equip buildings or improvements for hospital | 
      
        |  | purposes; or | 
      
        |  | (3)  acquire real property for hospital purposes. | 
      
        |  | (b)  Revenue bonds must be payable from and secured by a | 
      
        |  | pledge of all or part of the revenue derived from the operation of | 
      
        |  | the district's hospital system. | 
      
        |  | (c)  Revenue bonds may be additionally secured by a mortgage | 
      
        |  | or deed of trust on all or part of district property. | 
      
        |  | (d)  Revenue bonds must be issued in the manner provided by | 
      
        |  | Sections 264.042, 264.043, 264.046, 264.047, 264.048, and 264.049, | 
      
        |  | Health and Safety Code, for issuance of revenue bonds by a county | 
      
        |  | hospital authority. | 
      
        |  | Sec. 1103.208.  ADDITIONAL MEANS OF SECURING REPAYMENT OF | 
      
        |  | BONDS.  In addition to the authority to issue general obligation | 
      
        |  | bonds and revenue bonds under this chapter, the board may provide | 
      
        |  | for the security and payment of district bonds from a pledge of a | 
      
        |  | combination of ad valorem taxes as authorized by Section 1103.202 | 
      
        |  | and revenue and other sources as authorized by Section 1103.2045. | 
      
        |  | Sec. 1103.209.  USE OF BOND PROCEEDS.  The district may use | 
      
        |  | the proceeds of bonds issued under this chapter to pay: | 
      
        |  | (1)  any expense the board determines is reasonable and | 
      
        |  | necessary to issue, sell, and deliver the bonds; | 
      
        |  | (2)  interest payments on the bonds during a period of | 
      
        |  | acquisition or construction of a project or facility to be provided | 
      
        |  | through the bonds, not to exceed five years; | 
      
        |  | (3)  costs related to the operation and maintenance of | 
      
        |  | a project or facility to be provided through the bonds: | 
      
        |  | (A)  during an estimated period of acquisition or | 
      
        |  | construction, not to exceed five years; and | 
      
        |  | (B)  for one year after the project or facility is | 
      
        |  | acquired or constructed; | 
      
        |  | (4)  costs related to the financing of the bond funds, | 
      
        |  | including debt service reserve and contingency funds; | 
      
        |  | (5)  costs related to the bond issuance; | 
      
        |  | (6)  costs related to the acquisition of land or | 
      
        |  | interests in land for a project or facility to be provided through | 
      
        |  | the bonds; and | 
      
        |  | (7)  construction costs of a project or facility to be | 
      
        |  | provided through the bonds, including the payment of related | 
      
        |  | professional services and expenses. | 
      
        |  | (c)  Section 2, Chapter 400, Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed. | 
      
        |  | SECTION 18.004.  (a)  Section 1108.058, Special District | 
      
        |  | Local Laws Code, as effective April 1, 2013, is amended to conform | 
      
        |  | to Section 1, Chapter 472, Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | Sec. 1108.058.  QUORUM; VOTING REQUIREMENT.  (a)  Any five | 
      
        |  | [ four] directors constitute a quorum. | 
      
        |  | (b)  A concurrence of five [ four] directors is sufficient in | 
      
        |  | any matter relating to district business. | 
      
        |  | (b)  Section 1, Chapter 472, Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed. | 
      
        |  | SECTION 18.005.  Section 6905.161(f), Special District | 
      
        |  | Local Laws Code, is amended to more closely conform to the source | 
      
        |  | law from which the section was derived to read as follows: | 
      
        |  | (f)  A public agency or political subdivision, including the | 
      
        |  | City of Beeville, may enter into a contract or agreement with the | 
      
        |  | district [ authority] for a water supply as provided by Section | 
      
        |  | 6905.160. | 
      
        |  | SECTION 18.006.  Section 8813.001(6), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (6)  "Groundwater reduction plan" means a plan adopted | 
      
        |  | or implemented to supply water, reduce reliance on groundwater, | 
      
        |  | regulate groundwater pumping and usage, or require and allocate | 
      
        |  | water usage among persons in order to comply with or exceed | 
      
        |  | requirements imposed by the Fort Bend Subsidence District or the | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District, as applicable, | 
      
        |  | including any applicable groundwater reduction requirements. | 
      
        |  | SECTION 18.007.  Section 8813.007(b), Special District | 
      
        |  | Local Laws Code, is amended to correct references to read as | 
      
        |  | follows: | 
      
        |  | (b)  This chapter does not prevail over or preempt a | 
      
        |  | provision of Chapter 36, Water Code, or Chapter 8801 or 8834 of this | 
      
        |  | code[ , or Chapter 1045, Acts of the 71st Legislature, Regular  | 
      
        |  | Session, 1989,] that is being implemented by the Harris-Galveston | 
      
        |  | [ Coastal] Subsidence District or Fort Bend Subsidence District, as | 
      
        |  | applicable. | 
      
        |  | SECTION 18.008.  Section 8813.008, Special District Local | 
      
        |  | Laws Code, is amended to correct a reference to read as follows: | 
      
        |  | Sec. 8813.008.  FINDING OF BENEFIT.  All the land, property, | 
      
        |  | and persons included within the boundaries of the authority will be | 
      
        |  | directly benefited by the works, projects, improvements, and | 
      
        |  | services to be provided by the authority under powers conferred by | 
      
        |  | Section 59, Article XVI, Texas Constitution, and this chapter.  The | 
      
        |  | authority is created to serve a public use and benefit.  The | 
      
        |  | creation of the authority will serve to promote the health, safety, | 
      
        |  | and general welfare of persons within the authority and the general | 
      
        |  | public.  Any fees, user fees, rates, charges, or special | 
      
        |  | assessments imposed by the authority under this chapter are | 
      
        |  | necessary to pay for the costs of accomplishing the purposes of the | 
      
        |  | authority as set forth in Section 59, Article XVI, Texas | 
      
        |  | Constitution, and this chapter, including: | 
      
        |  | (1)  the reduction of groundwater withdrawals; | 
      
        |  | (2)  the facilitation of compliance with the | 
      
        |  | requirements of the Fort Bend Subsidence District or the | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District, as applicable; and | 
      
        |  | (3)  the provision of services, facilities, and | 
      
        |  | systems. | 
      
        |  | SECTION 18.009.  Section 8813.101(a), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (a)  The authority may: | 
      
        |  | (1)  provide for the conservation, preservation, | 
      
        |  | protection, recharge, and prevention of waste of groundwater, and | 
      
        |  | for the reduction of groundwater withdrawals as necessary to | 
      
        |  | develop, implement, or enforce a groundwater reduction plan, in a | 
      
        |  | manner consistent with the purposes of Section 59, Article XVI, | 
      
        |  | Texas Constitution, and facilitate compliance with Fort Bend | 
      
        |  | Subsidence District or Harris-Galveston [ Coastal] Subsidence | 
      
        |  | District, as applicable, rules, orders, regulations, or | 
      
        |  | requirements; | 
      
        |  | (2)  acquire or develop surface water and groundwater | 
      
        |  | supplies from sources inside or outside the boundaries of the | 
      
        |  | authority, conserve, store, transport, treat, purify, distribute, | 
      
        |  | sell, and deliver water to or among persons inside and outside the | 
      
        |  | boundaries of the authority, and allocate water among persons | 
      
        |  | participating in the authority's groundwater reduction plan | 
      
        |  | whether they are located inside or outside the authority's | 
      
        |  | boundaries; | 
      
        |  | (3)  enter into contracts with persons inside or | 
      
        |  | outside the authority on terms and conditions the board considers | 
      
        |  | desirable, fair, and advantageous for the performance of its | 
      
        |  | rights, powers, and authority under this chapter; | 
      
        |  | (4)  coordinate water services provided inside, | 
      
        |  | outside, or into the authority; | 
      
        |  | (5)  provide wholesale and retail water services to any | 
      
        |  | users or customers within the authority's boundaries without being | 
      
        |  | required to execute contracts with those users or customers; | 
      
        |  | (6)  adopt policies establishing whether, when, and the | 
      
        |  | manner in which the authority uses requests for proposals in | 
      
        |  | obtaining services, including professional services; | 
      
        |  | (7)  determine whether to adopt administrative | 
      
        |  | policies in addition to those required by Section 49.199, Water | 
      
        |  | Code; and | 
      
        |  | (8)  administer and enforce this chapter. | 
      
        |  | SECTION 18.010.  Section 8813.103(d), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (d)  For wells located in Harris County or Fort Bend County, | 
      
        |  | the board shall exempt from the charge under Subsection (b) classes | 
      
        |  | of wells that are not subject to any groundwater reduction | 
      
        |  | requirement imposed by the Harris-Galveston [ Coastal] Subsidence | 
      
        |  | District or the Fort Bend Subsidence District, as applicable.  If | 
      
        |  | any of those classes of wells become subject to a groundwater | 
      
        |  | reduction requirement imposed by the applicable subsidence | 
      
        |  | district, the authority may impose the charge under Subsection (b) | 
      
        |  | on those classes.  The board by rule may exempt any other classes of | 
      
        |  | wells from the charge under Subsection (b).  The board may not apply | 
      
        |  | the charge under Subsection (b) to a well: | 
      
        |  | (1)  with a casing diameter of less than five inches | 
      
        |  | that serves only a single-family dwelling; or | 
      
        |  | (2)  regulated under Chapter 27, Water Code. | 
      
        |  | SECTION 18.011.  Sections 8813.105(e) and (j), Special | 
      
        |  | District Local Laws Code, are amended to correct references to read | 
      
        |  | as follows: | 
      
        |  | (e)  Written notice containing the information required by | 
      
        |  | Subsection (d) shall be mailed by certified mail, return receipt | 
      
        |  | requested, not later than the 30th day before the date of the | 
      
        |  | hearing.  The notice shall be mailed to each person within the | 
      
        |  | authority who holds a permit for a well issued by the | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District or Fort Bend | 
      
        |  | Subsidence District, as applicable, and whose well is subject to a | 
      
        |  | groundwater reduction requirement imposed by that district.  The | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District and Fort Bend | 
      
        |  | Subsidence District shall provide to the authority a list of | 
      
        |  | persons who hold such a permit. | 
      
        |  | (j)  The board shall apportion the cost of an improvement | 
      
        |  | project or services to be assessed against the property in the | 
      
        |  | authority according to the special benefits that accrue to the | 
      
        |  | property because of the improvement project or services.  The board | 
      
        |  | may assess the cost only according to the number of gallons of | 
      
        |  | groundwater pumped from wells within the authority that are subject | 
      
        |  | to a groundwater reduction requirement imposed by the | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District or Fort Bend | 
      
        |  | Subsidence District, as applicable.  The board may not assess the | 
      
        |  | cost according to groundwater pumped from: | 
      
        |  | (1)  a well with a casing diameter of less than five | 
      
        |  | inches that serves only a single-family dwelling; or | 
      
        |  | (2)  a well that is regulated by Chapter 27, Water Code. | 
      
        |  | SECTION 18.012.  Section 8813.111(a), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (a)  The authority may wholly or partly develop, prepare, | 
      
        |  | revise, adopt, implement, enforce, manage, or participate in a | 
      
        |  | groundwater reduction plan that is applicable only to the authority | 
      
        |  | and one or more persons outside the authority.  The authority may | 
      
        |  | require that any groundwater reduction plan that the authority | 
      
        |  | wholly or partly develops, prepares, revises, adopts, implements, | 
      
        |  | enforces, or manages or in which the authority participates be the | 
      
        |  | exclusive groundwater reduction plan that is binding and mandatory | 
      
        |  | on some or all of the territory, persons, or wells located within | 
      
        |  | the authority.  A groundwater reduction plan may: | 
      
        |  | (1)  specify the measures to be taken to reduce | 
      
        |  | groundwater withdrawals; | 
      
        |  | (2)  identify alternative sources of water, including | 
      
        |  | water from the authority, to be provided to those affected; | 
      
        |  | (3)  identify the rates, terms, and conditions under | 
      
        |  | which alternative sources of water will be provided, which may be | 
      
        |  | changed from time to time as considered necessary by the authority; | 
      
        |  | (4)  specify the dates and extent to which persons or | 
      
        |  | districts within the authority's boundaries shall reduce or cease | 
      
        |  | reliance on groundwater and accept water from alternative sources, | 
      
        |  | including water from the authority; | 
      
        |  | (5)  include other terms and measures that are | 
      
        |  | consistent with the powers and duties of the authority; | 
      
        |  | (6)  exceed the minimum requirements imposed by the | 
      
        |  | Harris-Galveston [ Coastal] Subsidence District or Fort Bend | 
      
        |  | Subsidence District, as applicable, including any applicable | 
      
        |  | groundwater reduction requirements; and | 
      
        |  | (7)  be amended from time to time at the discretion of | 
      
        |  | the authority. | 
      
        |  | SECTION 18.013.  Section 8813.112(c), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (c)  The authority by rule may require that the plans and | 
      
        |  | specifications of water lines to be constructed within the | 
      
        |  | authority that are designed or intended to serve more than one | 
      
        |  | district or more than one person owning or holding a well permit | 
      
        |  | issued by the Harris-Galveston [ Coastal] Subsidence District or | 
      
        |  | Fort Bend Subsidence District, as applicable, be approved by the | 
      
        |  | authority before the commencement of construction of the water | 
      
        |  | lines. | 
      
        |  | SECTION 18.014.  Section 8815.001(10), Special District | 
      
        |  | Local Laws Code, is amended to correct a reference to read as | 
      
        |  | follows: | 
      
        |  | (10)  "Subsidence district" means the Harris-Galveston | 
      
        |  | [ Coastal] Subsidence District. | 
      
        |  | SECTION 18.015.  Section 8825.109, Special District Local | 
      
        |  | Laws Code, is amended to correct a reference to read as follows: | 
      
        |  | Sec. 8825.109.  COORDINATION WITH OTHER ENTITIES.  The | 
      
        |  | district may: | 
      
        |  | (1)  coordinate activities with the Central | 
      
        |  | Carrizo-Wilcox Coordinating Council and appoint a nonvoting | 
      
        |  | representative to the Central Carrizo-Wilcox Coordinating Council; | 
      
        |  | and | 
      
        |  | (2)  coordinate activities with the Harris-Galveston | 
      
        |  | [ Coastal] Subsidence District or other groundwater conservation | 
      
        |  | districts to manage portions of the Gulf Coast Aquifer. | 
      
        |  | SECTION 18.016.  Section 8832.001(3), Special District | 
      
        |  | Local Laws Code, is amended to correct a typographical error to read | 
      
        |  | as follows: | 
      
        |  | (3)  "District" means the Mesquite [ Mequite] | 
      
        |  | Groundwater Conservation District. | 
      
        |  | SECTION 18.017.  (a)  Section 8851.053, Special District | 
      
        |  | Local Laws Code, as effective April 1, 2013, is amended to conform | 
      
        |  | to Section 1, Chapter 199, Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | Sec. 8851.053.  ELECTION DATE.  On the uniform election date | 
      
        |  | in November [ May] of each even-numbered year, the appropriate | 
      
        |  | number of directors shall be elected. | 
      
        |  | (b)  Section 1, Chapter 199, Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed. | 
      
        |  | SECTION 18.018.  (a)  Section 8857.053, Special District | 
      
        |  | Local Laws Code, as effective April 1, 2013, is amended to conform | 
      
        |  | to Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | Sec. 8857.053.  ELECTION DATE.  On the uniform election date | 
      
        |  | in November [ May] of each even-numbered year, the appropriate | 
      
        |  | number of directors shall be elected. | 
      
        |  | (b)  Sections 1.01 and 1.02, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, are repealed. | 
      
        |  | SECTION 18.019.  (a)  Sections 8857.102(b) and (c), Special | 
      
        |  | District Local Laws Code, as effective April 1, 2013, are amended to | 
      
        |  | conform to Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, to read as follows: | 
      
        |  | (b)  The district may contract with other governmental | 
      
        |  | entities[ , including a river authority in the district,] to perform | 
      
        |  | district functions. | 
      
        |  | (c)  The district may not contract with a [ A] river authority | 
      
        |  | to [ that contracts with the district under Subsection (b) may] | 
      
        |  | perform district functions except as provided by Chapter 791, | 
      
        |  | Government Code [ the contract]. | 
      
        |  | (b)  Sections 2.02 and 2.03, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, are repealed. | 
      
        |  | SECTION 18.020.  (a)  Subchapter C, Chapter 8857, Special | 
      
        |  | District Local Laws Code, as effective April 1, 2013, is amended to | 
      
        |  | conform to Section 2.01, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, by adding Section 8857.103 to | 
      
        |  | read as follows: | 
      
        |  | Sec. 8857.103.  NO EMINENT DOMAIN POWER.  The district may | 
      
        |  | not exercise the powers granted by Section 36.105, Water Code. | 
      
        |  | (b)  Section 2.01, Chapter 1267, Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is repealed. | 
      
        |  | PART B. AMENDMENTS MADE TO CONFORM TO CHANGES IN ELECTION CODE | 
      
        |  | SECTION 18.101.  The following changes are made to conform | 
      
        |  | provisions of the Special District Local Laws Code, as effective | 
      
        |  | April 1, 2013, to Section 41.0052, Election Code, as amended by | 
      
        |  | Chapters 505 (H.B. 1545) and 1318 (S.B. 100), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011: | 
      
        |  | (1)  Section 1034.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve staggered two-year terms; and | 
      
        |  | (2)  an election shall be held annually on the May | 
      
        |  | uniform election date, or another date authorized by law, to elect | 
      
        |  | the appropriate number of directors. | 
      
        |  | (2)  Section 1069.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve staggered two-year terms; and | 
      
        |  | (2)  an election shall be held annually on the May | 
      
        |  | uniform election date, or another date authorized by law, to elect | 
      
        |  | the appropriate number of directors. | 
      
        |  | (3)  Section 1074.051(c), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  A directors' election to elect two directors shall be | 
      
        |  | held annually on the May uniform election date or another date | 
      
        |  | authorized by law. | 
      
        |  | (4)  Section 1086.051(c), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  A directors' election shall be held annually on the May | 
      
        |  | uniform election date, or another date authorized by law, to elect | 
      
        |  | the appropriate number of directors. | 
      
        |  | (5)  Section 1098.051(c), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  A directors' election shall be held annually on the May | 
      
        |  | uniform election date prescribed by Section 41.001, Election Code, | 
      
        |  | or another date authorized by law. | 
      
        |  | (6)  Section 1099.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve staggered two-year terms with the | 
      
        |  | terms of two or three directors expiring each year as appropriate; | 
      
        |  | and | 
      
        |  | (2)  a directors' election shall be held annually on the | 
      
        |  | May uniform election date, or another date authorized by law, to | 
      
        |  | elect the appropriate number of directors. | 
      
        |  | (7)  Section 1100.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve staggered two-year terms; and | 
      
        |  | (2)  an election shall be held annually on the May | 
      
        |  | uniform election date, or another date authorized by law, to elect | 
      
        |  | the appropriate number of directors. | 
      
        |  | (8)  Section 1101.051(c), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  An election shall be held in each even-numbered year on | 
      
        |  | the May uniform election date prescribed under Section 41.001, | 
      
        |  | Election Code, or another date authorized by law, to elect the | 
      
        |  | appropriate number of directors. | 
      
        |  | (9)  Section 1102.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve two-year terms; and | 
      
        |  | (2)  an election shall be held annually on the May | 
      
        |  | uniform election date prescribed under Section 41.001, Election | 
      
        |  | Code, or another date authorized by law. | 
      
        |  | (10)  Section 1103.051(c), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (c)  An election shall be held annually on the May uniform | 
      
        |  | election date, or another date authorized by law, [ in May of each  | 
      
        |  | year] to elect the appropriate number of directors. | 
      
        |  | (11)  Section 1105.051(b), Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (b)  Unless four-year terms are established under Section | 
      
        |  | 285.081, Health and Safety Code: | 
      
        |  | (1)  directors serve staggered two-year terms with the | 
      
        |  | terms of three or four directors expiring each year as appropriate; | 
      
        |  | and | 
      
        |  | (2)  a directors' election shall be held annually on the | 
      
        |  | May uniform election date or another date authorized by law. | 
      
        |  | (12)  Section 8838.053, Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 8838.053.  ELECTION DATE.  Each even-numbered year, on | 
      
        |  | [ On] the uniform election date in May or another date authorized by | 
      
        |  | law [ of each even-numbered year], the appropriate number of | 
      
        |  | directors shall be elected. | 
      
        |  | (13)  Section 8843.053, Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 8843.053.  ELECTION DATE.  Each year on [ On] the uniform | 
      
        |  | election date in May or another date authorized by law [ of each  | 
      
        |  | year], the appropriate number of directors shall be elected. | 
      
        |  | (14)  Section 8845.053, Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 8845.053.  ELECTION DATE.  Each even-numbered year, an | 
      
        |  | election shall be held on the uniform election date in May or | 
      
        |  | another date authorized by law to elect the appropriate number of | 
      
        |  | directors. | 
      
        |  | SECTION 18.102.  Section 1102.301(d), Special District | 
      
        |  | Local Laws Code, as effective April 1, 2013, is repealed to conform | 
      
        |  | to Section 3.005, Election Code, as amended by Chapter 1318 (S.B. | 
      
        |  | 100), Acts of the 82nd Legislature, Regular Session, 2011. | 
      
        |  | ARTICLE 19.  CHANGES RELATING TO TAX CODE | 
      
        |  | SECTION 19.001.  Section 25.025(a), Tax Code, as amended by | 
      
        |  | Chapters 348 (H.B. 3307) and 953 (H.B. 1046), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  This section applies only to: | 
      
        |  | (1)  a current or former peace officer as defined by | 
      
        |  | Article 2.12, Code of Criminal Procedure; | 
      
        |  | (2)  a county jailer as defined by Section 1701.001, | 
      
        |  | Occupations Code; | 
      
        |  | (3)  an employee of the Texas Department of Criminal | 
      
        |  | Justice; | 
      
        |  | (4)  a commissioned security officer as defined by | 
      
        |  | Section 1702.002, Occupations Code; | 
      
        |  | (5)  a victim of family violence as defined by Section | 
      
        |  | 71.004, Family Code, if as a result of the act of family violence | 
      
        |  | against the victim, the actor is convicted of a felony or a Class A | 
      
        |  | misdemeanor; | 
      
        |  | (6)  a federal judge, a state judge, or the spouse of a | 
      
        |  | federal judge or state judge; | 
      
        |  | (7)  a current or former employee of a district | 
      
        |  | attorney, criminal district attorney, or county or municipal | 
      
        |  | attorney whose jurisdiction includes any criminal law or child | 
      
        |  | protective services matters; | 
      
        |  | (8)  an officer or employee of a community supervision | 
      
        |  | and corrections department established under Chapter 76, | 
      
        |  | Government Code, who performs a duty described by Section 76.004(b) | 
      
        |  | of that code; | 
      
        |  | (9)  a criminal investigator of the United States as | 
      
        |  | described by Article 2.122(a), Code of Criminal Procedure; | 
      
        |  | (10)  a police officer or inspector of the United | 
      
        |  | States Federal Protective Service; [ and] | 
      
        |  | (11)  a current or former United States attorney or | 
      
        |  | assistant United States attorney and the spouse and child of the | 
      
        |  | attorney; and | 
      
        |  | (12) [ (11)]  a current or former employee of the office | 
      
        |  | of the attorney general who is or was assigned to a division of that | 
      
        |  | office the duties of which involve law enforcement. | 
      
        |  | SECTION 19.002.  Sections 25.25(g-1) and (g-2), Tax Code, | 
      
        |  | are amended to correct references to read as follows: | 
      
        |  | (g-1)  In a suit filed under Subsection (g), if a hearing to | 
      
        |  | review and determine compliance with Section 25.26 [ 42.08] is | 
      
        |  | requested, the movant must mail notice of the hearing by certified | 
      
        |  | mail, return receipt requested, to the collector for each taxing | 
      
        |  | unit that imposes taxes on the property not later than the 45th day | 
      
        |  | before the date of the hearing. | 
      
        |  | (g-2)  Regardless of whether the collector for the taxing | 
      
        |  | unit receives a notice under Subsection (g-1), a taxing unit that | 
      
        |  | imposes taxes on the property may intervene in a suit filed under | 
      
        |  | Subsection (g) and participate in the proceedings for the limited | 
      
        |  | purpose of determining whether the property owner has complied with | 
      
        |  | Section 25.26 [ 42.08].  The taxing unit is entitled to process for | 
      
        |  | witnesses and evidence and to be heard by the court. | 
      
        |  | SECTION 19.003.  Section 26.012(9), Tax Code, is amended to | 
      
        |  | clarify a mathematical formula to read as follows: | 
      
        |  | (9)  "Effective maintenance and operations rate" means | 
      
        |  | a rate expressed in dollars per $100 of taxable value and calculated | 
      
        |  | according to the following formula: | 
      
        |  | EFFECTIVE MAINTENANCE AND OPERATIONS RATE = (LAST YEAR'S | 
      
        |  | LEVY[ )] - [(]LAST YEAR'S DEBT LEVY[)] - [(]LAST YEAR'S JUNIOR | 
      
        |  | COLLEGE LEVY) / (CURRENT TOTAL VALUE - NEW PROPERTY VALUE) | 
      
        |  | SECTION 19.004.  Sections 31.031(b), (c), and (d), Tax Code, | 
      
        |  | are amended to correct references to read as follows: | 
      
        |  | (b)  If the individual fails to make a payment before the | 
      
        |  | applicable date provided by Subsection (a-1) [ (a)], the unpaid | 
      
        |  | amount is delinquent and incurs a penalty of six percent and | 
      
        |  | interest as provided by Section 33.01(c).  The penalty provided by | 
      
        |  | Section 33.01(a) does not apply to the unpaid amount. | 
      
        |  | (c)  An individual may pay more than the amount due for each | 
      
        |  | installment and the amount in excess of the amount due shall be | 
      
        |  | credited to the next installment.  An individual may not pay less | 
      
        |  | than the total amount due for each installment unless the collector | 
      
        |  | provides for the acceptance of partial payments under this section. | 
      
        |  | If the collector accepts a partial payment, penalties and interest | 
      
        |  | are incurred only by the amount of each installment that remains | 
      
        |  | unpaid on the applicable date provided by Subsection (a-1) [ (a)]. | 
      
        |  | (d)  If the delinquency date for taxes to which this section | 
      
        |  | applies is postponed to May 1 or a later date, the collector shall | 
      
        |  | extend each installment deadline provided by Subsection (a-1) [ (a)] | 
      
        |  | by the number of months that the delinquency date was postponed. | 
      
        |  | SECTION 19.005.  Section 42.01, Tax Code, as amended by | 
      
        |  | Chapters 322 (H.B. 2476), 771 (H.B. 1887), and 793 (H.B. 2220), Acts | 
      
        |  | of the 82nd Legislature, Regular Session, 2011, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 42.01.  RIGHT OF APPEAL BY PROPERTY OWNER.  (a)  A | 
      
        |  | property owner is entitled to appeal: | 
      
        |  | (1)  an order of the appraisal review board | 
      
        |  | determining: | 
      
        |  | (A)  a protest by the property owner as provided | 
      
        |  | by Subchapter C of Chapter 41; | 
      
        |  | (B)  a determination of an appraisal review board | 
      
        |  | on a motion filed under Section 25.25; [ or] | 
      
        |  | (C)  a determination of an appraisal review board | 
      
        |  | that the property owner has forfeited the right to a final | 
      
        |  | determination of a motion filed under Section 25.25 or of a protest | 
      
        |  | under Section 41.411 for failing to comply with the prepayment | 
      
        |  | requirements of Section 25.26 or 41.4115, as applicable; or | 
      
        |  | (D) [ (C)]  a determination of an appraisal review | 
      
        |  | board of eligibility for a refund requested under Section 23.1243; | 
      
        |  | or | 
      
        |  | (2)  an order of the comptroller issued as provided by | 
      
        |  | Subchapter B, Chapter 24, apportioning among the counties the | 
      
        |  | appraised value of railroad rolling stock owned by the property | 
      
        |  | owner. | 
      
        |  | (b)  A property owner who establishes that the owner did not | 
      
        |  | forfeit the right to a final determination of a motion or of a | 
      
        |  | protest in an appeal under Subsection (a)(1)(C) is entitled to a | 
      
        |  | final determination of the court, as applicable: | 
      
        |  | (1)  of the motion filed under Section 25.25; or | 
      
        |  | (2)  of the protest under Section 41.411 of the failure | 
      
        |  | of the chief appraiser or appraisal review board to provide or | 
      
        |  | deliver a notice to which the property owner is entitled, and, if | 
      
        |  | failure to provide or deliver the notice is established, of a | 
      
        |  | protest made by the property owner on any other grounds of protest | 
      
        |  | authorized by this title relating to the property to which the | 
      
        |  | notice applies. | 
      
        |  | SECTION 19.006.  Section 42.21(b), Tax Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | (b)  A petition for review brought under Section 42.02 must | 
      
        |  | be brought against the owner of the property involved in the | 
      
        |  | appeal.  A petition for review brought under Section 42.031 must be | 
      
        |  | brought against the appraisal district and against the owner of the | 
      
        |  | property involved in the appeal.  A petition for review brought | 
      
        |  | under [ Subdivision (2) of] Section 42.01(a)(2) [42.01] or [under  | 
      
        |  | Section] 42.03 must be brought against the comptroller.  Any other | 
      
        |  | petition for review under this chapter must be brought against the | 
      
        |  | appraisal district.  A petition for review may not be brought | 
      
        |  | against the appraisal review board.  An appraisal district may hire | 
      
        |  | an attorney that represents the district to represent the appraisal | 
      
        |  | review board established for the district to file an answer and | 
      
        |  | obtain a dismissal of a suit filed against the appraisal review | 
      
        |  | board in violation of this subsection. | 
      
        |  | SECTION 19.007.  Section 152.0412(j), Tax Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | (j)  The requirements of Section 501.145 [ 520.031], | 
      
        |  | Transportation Code, continue to apply to a transferee of a used | 
      
        |  | motor vehicle who obtains an appraisal under Subsection (d)(2), and | 
      
        |  | obtaining an appraisal does not modify those requirements. | 
      
        |  | SECTION 19.008.  Section 152.043, Tax Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 152.043.  COLLECTION OF TAX ON MOTOR VEHICLES OPERATED | 
      
        |  | BY NONRESIDENTS.  A person doing business in this state who | 
      
        |  | registers a motor vehicle under Section 502.091 [ 502.054], | 
      
        |  | Transportation Code, shall pay the tax imposed by Section 152.022 | 
      
        |  | of this code to the comptroller on or before the day the motor | 
      
        |  | vehicle is brought into Texas. | 
      
        |  | SECTION 19.009.  Section 152.082, Tax Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 152.082.  SALE OF MOTOR VEHICLE TO OR USE OF MOTOR | 
      
        |  | VEHICLE BY PUBLIC AGENCY.  The taxes imposed by this chapter do not | 
      
        |  | apply to the sale of a motor vehicle to or use of a motor vehicle by | 
      
        |  | a public agency if the motor vehicle is operated with an exempt | 
      
        |  | license plate issued under Section 502.451 [ 502.201 or 502.206], | 
      
        |  | Transportation Code. | 
      
        |  | SECTION 19.010.  Section 152.083(b), Tax Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | (b)  This exemption applies only if the person purchasing the | 
      
        |  | motor vehicle to be leased presents the tax assessor-collector a | 
      
        |  | form prescribed and provided by the comptroller and showing: | 
      
        |  | (1)  the identification of the motor vehicle; | 
      
        |  | (2)  the name and address of the lessor and the lessee; | 
      
        |  | and | 
      
        |  | (3)  verification by an officer of the public agency to | 
      
        |  | which the motor vehicle will be leased that the agency will operate | 
      
        |  | the vehicle with an exempt license plate issued under Section | 
      
        |  | 502.451 [ 502.201 or 502.206], Transportation Code. | 
      
        |  | SECTION 19.011.  Section 152.087, Tax Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 152.087.  FIRE TRUCKS AND EMERGENCY MEDICAL SERVICES | 
      
        |  | VEHICLES.  The taxes imposed by this chapter do not apply to the | 
      
        |  | purchase, rental, or use of a fire truck, emergency medical | 
      
        |  | services vehicle as defined by Section 773.003, Health and Safety | 
      
        |  | Code, or other motor vehicle used exclusively for fire-fighting | 
      
        |  | purposes or for emergency medical services when purchased by: | 
      
        |  | (1)  a volunteer fire department; | 
      
        |  | (2)  a nonprofit emergency medical service provider | 
      
        |  | that receives a federal income tax exemption under Section 501(a), | 
      
        |  | Internal Revenue Code of 1986, as an organization described by | 
      
        |  | Section 501(c)(3), Internal Revenue Code of 1986; or | 
      
        |  | (3)  an emergency medical service provider to which | 
      
        |  | Section 502.456 [ 502.204], Transportation Code, applies. | 
      
        |  | SECTION 19.012.  Section 351.101(a), Tax Code, is amended to | 
      
        |  | correct a typographical error 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, and flag football, 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; or | 
      
        |  | (vii)  has a population of at least 25,000 | 
      
        |  | but not more than [ that] 26,000 and is located in a county that has a | 
      
        |  | population of 90,000 or less; 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 of a recreational venue in the | 
      
        |  | immediate vicinity of area hotels, if: | 
      
        |  | (A)  the municipality: | 
      
        |  | (i)  is a general-law municipality; | 
      
        |  | (ii)  has a population of not more than 900; | 
      
        |  | and | 
      
        |  | (iii)  does not impose an ad valorem tax; | 
      
        |  | (B)  not more than $100,000 of municipal hotel | 
      
        |  | occupancy tax revenue is used for the construction of the | 
      
        |  | recreational venue; | 
      
        |  | (C)  a majority of the hotels in the municipality | 
      
        |  | request the municipality to construct the recreational venue; | 
      
        |  | (D)  the recreational venue will be used primarily | 
      
        |  | by hotel guests; and | 
      
        |  | (E)  the municipality will pay for maintenance of | 
      
        |  | the recreational venue from the municipality's general fund; | 
      
        |  | (11)  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 | 
      
        |  | (12)  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 20.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
        |  | SECTION 20.001.  (a)  Section 222.107(h), Transportation | 
      
        |  | Code, as amended by Chapters 475 (H.B. 563) and 1345 (S.B. 1420), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | (h)  The commissioners court may: | 
      
        |  | (1)  from taxes collected on property in a zone, pay | 
      
        |  | into a tax increment account for the zone an amount equal to the tax | 
      
        |  | increment produced by the county less any amounts allocated under | 
      
        |  | previous agreements, including agreements under Section 381.004, | 
      
        |  | Local Government Code, or Chapter 312, Tax Code; | 
      
        |  | (2)  by order or resolution enter into an agreement | 
      
        |  | with the owner of any real property located in the transportation | 
      
        |  | reinvestment zone to abate all or a portion of the ad valorem taxes | 
      
        |  | or to grant other relief from the taxes imposed by the county on the | 
      
        |  | owner's property in an amount not to exceed the amount calculated | 
      
        |  | under Subsection (a)(1) for that year; | 
      
        |  | (3)  by order or resolution elect to abate all or a | 
      
        |  | portion of the ad valorem taxes imposed by the county on all real | 
      
        |  | property in a zone; or | 
      
        |  | (4)  grant other relief from ad valorem taxes on | 
      
        |  | property in a zone. | 
      
        |  | (b)  Section 222.107(h-1), Transportation Code, as added by | 
      
        |  | Chapter 1345 (S.B. 1420), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is reenacted and amended to conform to Section | 
      
        |  | 222.107(h), Transportation Code, as amended by Chapter 475 (H.B. | 
      
        |  | 563), Acts of the 82nd Legislature, Regular Session, 2011, to read | 
      
        |  | as follows: | 
      
        |  | (h-1)  All abatements or other relief granted by the | 
      
        |  | commissioners court in a transportation reinvestment zone must be | 
      
        |  | equal in rate.  In any ad valorem tax year, the total amount of the | 
      
        |  | taxes abated or the total amount of relief granted under this | 
      
        |  | section may not exceed the amount calculated under Subsection | 
      
        |  | (a)(1) for that year, less any amounts allocated under previous | 
      
        |  | agreements, including agreements under Chapter 381 [ Section  | 
      
        |  | 381.004], Local Government Code, or Chapter 312, Tax Code. | 
      
        |  | SECTION 20.002.  Section 228.055(e), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (e)  It is an exception to the application of Subsection (a) | 
      
        |  | or (c) if the registered owner of the vehicle transferred ownership | 
      
        |  | of the vehicle to another person before the event of nonpayment | 
      
        |  | under Section 228.054 occurred or before the date the vehicle was | 
      
        |  | driven or towed through a toll collection facility that results in a | 
      
        |  | notice issued under Section 228.0545, submitted written notice of | 
      
        |  | the transfer to the department in accordance with Section 501.147 | 
      
        |  | [ 520.023], and, before the 30th day after the date the notice of | 
      
        |  | nonpayment is mailed, provides to the department the name and | 
      
        |  | address of the person to whom the vehicle was transferred.  If the | 
      
        |  | former owner of the vehicle provides the required information | 
      
        |  | within the period prescribed, the department may send a notice of | 
      
        |  | nonpayment to the person to whom ownership of the vehicle was | 
      
        |  | transferred at the address provided by the former owner by first | 
      
        |  | class mail before the 30th day after the date of receipt of the | 
      
        |  | required information from the former owner.  The department may | 
      
        |  | send all subsequent notices of nonpayment associated with the | 
      
        |  | vehicle to the person to whom ownership of the vehicle was | 
      
        |  | transferred at the address provided by the former owner or an | 
      
        |  | alternate address provided by the subsequent owner or derived | 
      
        |  | through other reliable means.  The subsequent owner of the vehicle | 
      
        |  | for which the proper toll was not paid who is mailed a written | 
      
        |  | notice of nonpayment under this subsection and fails to pay the | 
      
        |  | proper toll and administrative fee within the time specified by the | 
      
        |  | notice of nonpayment commits an offense.  The subsequent owner | 
      
        |  | shall pay a separate toll and administrative fee for each event of | 
      
        |  | nonpayment under Section 228.054 or 228.0545.  Each failure to pay | 
      
        |  | a toll or administrative fee under this subsection is a separate | 
      
        |  | offense. | 
      
        |  | SECTION 20.003.  Section 284.0701(e), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (e)  It is an exception to the application of Subsection (a) | 
      
        |  | or (c) if the registered owner of the vehicle transferred ownership | 
      
        |  | of the vehicle to another person before the event of nonpayment | 
      
        |  | under Section 284.070 occurred, submitted written notice of the | 
      
        |  | transfer to the Texas Department of Motor Vehicles in accordance | 
      
        |  | with Section 501.147 [ 520.023], and before the 30th day after the | 
      
        |  | date the notice of nonpayment is mailed, provides to the county the | 
      
        |  | name and address of the person to whom the vehicle was | 
      
        |  | transferred.  If the former owner of the vehicle provides the | 
      
        |  | required information within the period prescribed, the county may | 
      
        |  | send a notice of nonpayment to the person to whom ownership of the | 
      
        |  | vehicle was transferred at the address provided by the former owner | 
      
        |  | by first-class mail before the 30th day after the date of receipt of | 
      
        |  | the required information from the former owner.  The subsequent | 
      
        |  | owner of the vehicle for which the proper toll was not paid who is | 
      
        |  | mailed a written notice of nonpayment under this subsection and | 
      
        |  | fails to pay the proper toll and administrative cost within the time | 
      
        |  | specified by the notice of nonpayment commits an offense.  The | 
      
        |  | subsequent owner shall pay a separate toll and administrative cost | 
      
        |  | for each event of nonpayment under Section 284.070.  Each failure | 
      
        |  | to pay a toll or administrative cost under this subsection is a | 
      
        |  | separate offense. | 
      
        |  | SECTION 20.004.  Section 370.177(f), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (f)  It is an exception to the application of Subsection (b) | 
      
        |  | or (d) that the registered owner of the vehicle transferred | 
      
        |  | ownership of the vehicle to another person before the event of | 
      
        |  | nonpayment under Subsection (a) occurred, submitted written notice | 
      
        |  | of the transfer to the department in accordance with Section | 
      
        |  | 501.147 [ 520.023], and before the 30th day after the date the notice | 
      
        |  | of nonpayment is mailed, provides to the authority the name and | 
      
        |  | address of the person to whom the vehicle was transferred.  If the | 
      
        |  | former owner of the vehicle provides the required information | 
      
        |  | within the period prescribed, the authority may send a notice of | 
      
        |  | nonpayment to the person to whom ownership of the vehicle was | 
      
        |  | transferred at the address provided by the former owner by first | 
      
        |  | class mail before the 30th day after the date of receipt of the | 
      
        |  | required information from the former owner.  The subsequent owner | 
      
        |  | of the vehicle for which the proper toll was not paid who is mailed a | 
      
        |  | written notice of nonpayment under this subsection and fails to pay | 
      
        |  | the proper toll and administrative fee within the time specified by | 
      
        |  | the notice of nonpayment commits an offense.  The subsequent owner | 
      
        |  | shall pay a separate toll and administrative fee for each event of | 
      
        |  | nonpayment under Subsection (a).  Each failure to pay a toll or | 
      
        |  | administrative fee under this subsection is a separate offense. | 
      
        |  | SECTION 20.005.  Section 370.314(b), Transportation Code, | 
      
        |  | as amended by Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is repealed to conform to the repeal of | 
      
        |  | Section 370.314, Transportation Code, by Chapter 1345 (S.B. 1420), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011. | 
      
        |  | SECTION 20.006.  Section 372.052, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 372.052.  VEHICLES USED BY NONPROFIT DISASTER RELIEF | 
      
        |  | ORGANIZATIONS.  A toll project entity may not require a vehicle | 
      
        |  | registered under Section 502.454 [ 502.203] to pay a toll for the use | 
      
        |  | of a toll project. | 
      
        |  | SECTION 20.007.  Section 501.0925(j), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (j)  Section 501.1001(c) applies [ Sections 501.092(c), (d),  | 
      
        |  | and (e) apply] to a motor vehicle acquired by an insurance company | 
      
        |  | as described in Subsection (a), (c), or (f). | 
      
        |  | SECTION 20.008.  Sections 501.1001(c) and (d), | 
      
        |  | Transportation Code, as redesignated from Sections 501.092(c) and | 
      
        |  | (d), Transportation Code, by Chapter 1296 (H.B. 2357), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, are reenacted to | 
      
        |  | incorporate amendments to Sections 501.092(c) and (d), | 
      
        |  | Transportation Code, made by Chapters 1136 (H.B. 1422) and 1296 | 
      
        |  | (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | to read as follows: | 
      
        |  | (c)  An insurance company or other person who acquires | 
      
        |  | ownership of a motor vehicle other than a nonrepairable or salvage | 
      
        |  | motor vehicle may voluntarily and on proper application obtain a | 
      
        |  | salvage vehicle title, salvage record of title, nonrepairable | 
      
        |  | vehicle title, or nonrepairable record of title for the vehicle. | 
      
        |  | (d)  This subsection applies only to a motor vehicle in this | 
      
        |  | state that is a self-insured motor vehicle and that is damaged to | 
      
        |  | the extent it becomes a nonrepairable or salvage motor vehicle. The | 
      
        |  | owner of a motor vehicle to which this subsection applies shall | 
      
        |  | submit to the department before the 31st business day after the date | 
      
        |  | of the damage, in a manner prescribed by the department, a statement | 
      
        |  | that the motor vehicle was self-insured and damaged. When the owner | 
      
        |  | submits a report, the owner shall surrender the ownership document | 
      
        |  | and apply for a nonrepairable vehicle title, nonrepairable record | 
      
        |  | of title, salvage vehicle title, or salvage record of title. | 
      
        |  | SECTION 20.009.  Section 502.1585(b), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (b)  Notwithstanding Section 502.044 [ 502.158], the owner of | 
      
        |  | a motor vehicle or a trailer may designate an initial or a renewal | 
      
        |  | registration period for that vehicle so that the registration | 
      
        |  | period for the vehicle or trailer expires on the same date as the | 
      
        |  | registration period for another vehicle or trailer previously | 
      
        |  | registered by that owner. | 
      
        |  | SECTION 20.010.  Section 502.168, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 502.168.  FEE:  MOTOR BUS.  The fee for a registration | 
      
        |  | year for registration of a motor bus is the fee prescribed by | 
      
        |  | Section 502.252 [ 502.161] or 502.253 [502.162], as applicable. | 
      
        |  | SECTION 20.011.  Section 502.405(b), Transportation Code, | 
      
        |  | as redesignated from Section 502.1745(b), Transportation Code, by | 
      
        |  | Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is reenacted to incorporate amendments to Section | 
      
        |  | 502.1745(b), Transportation Code, made by Chapters 554 (H.B. 2904) | 
      
        |  | and 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, to read as follows: | 
      
        |  | (b)  A person may elect to pay an additional fee of $1 for the | 
      
        |  | registration or renewal of registration of a motor vehicle to pay | 
      
        |  | the costs of the Glenda Dawson Donate Life-Texas  Registry | 
      
        |  | established under Chapter 692A, Health and Safety Code. | 
      
        |  | Notwithstanding any other provision of this chapter, all fees | 
      
        |  | collected under this subsection shall be remitted to the | 
      
        |  | comptroller, who shall maintain the identity of the source of the | 
      
        |  | fees. | 
      
        |  | SECTION 20.012.  Section 502.407(b), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (b)  A justice of the peace or municipal court judge having | 
      
        |  | jurisdiction of the offense may: | 
      
        |  | (1)  dismiss a charge of driving with an expired motor | 
      
        |  | vehicle registration if the defendant: | 
      
        |  | (A)  remedies the defect not later than the 20th | 
      
        |  | working day after the date of the offense or before the defendant's | 
      
        |  | first court appearance date, whichever is later; and | 
      
        |  | (B)  establishes that the fee prescribed by | 
      
        |  | Section 502.045 [ 502.176] has been paid; and | 
      
        |  | (2)  assess an administrative fee not to exceed $20 | 
      
        |  | when the charge is dismissed. | 
      
        |  | SECTION 20.013.  Section 502.410(b), Transportation Code, | 
      
        |  | is amended to correct references to read as follows: | 
      
        |  | (b)  Subsection (a) does not apply to a statement or | 
      
        |  | application filed or given under Section 502.060, 502.092, 502.093, | 
      
        |  | 502.094, 502.095, [ 502.184, 502.352, 502.353, 502.354, 502.355,] | 
      
        |  | 504.201, [ 504.411, or] 504.508, or 504.515. | 
      
        |  | SECTION 20.014.  Section 502.491, Transportation Code, as | 
      
        |  | redesignated from Section 502.451, Transportation Code, by Chapter | 
      
        |  | 1296 (H.B. 2357), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, is reenacted to incorporate amendments to Section 502.451, | 
      
        |  | Transportation Code, made by Chapters 432 (S.B. 1057) and 1296 | 
      
        |  | (H.B. 2357), Acts of the 82nd Legislature, Regular Session, 2011, | 
      
        |  | and amended to read as follows: | 
      
        |  | Sec. 502.491.  TRANSFER OF VEHICLE REGISTRATION.  (a)  On | 
      
        |  | the sale or transfer of a motor vehicle, the registration insignia | 
      
        |  | issued for the motor vehicle shall be removed.  The registration | 
      
        |  | period remaining at the time of sale or transfer expires at the time | 
      
        |  | of sale or transfer. | 
      
        |  | [ (a-1)  On the sale of a used motor vehicle by a dealer, the  | 
      
        |  | dealer shall issue to the buyer new registration documents for an  | 
      
        |  | entire registration year.] | 
      
        |  | (b)  On a sale or transfer of a motor vehicle in which neither | 
      
        |  | party holds a general distinguishing number issued under Chapter | 
      
        |  | 503, the part of the registration period remaining at the time of | 
      
        |  | the sale or transfer shall continue with the vehicle being sold or | 
      
        |  | transferred and does not transfer with the license plates or | 
      
        |  | registration validation insignia.  To continue the remainder of the | 
      
        |  | registration period, the purchaser or transferee must file the | 
      
        |  | documents required under Section 501.145. | 
      
        |  | (c)  On the sale or transfer of a motor vehicle to a dealer, | 
      
        |  | as defined by Section 503.001, who holds a general distinguishing | 
      
        |  | number issued under Chapter 503, the registration period remaining | 
      
        |  | at the time of the sale or transfer expires at the time of the sale | 
      
        |  | or transfer.  On the sale of a used motor vehicle by a dealer, the | 
      
        |  | dealer shall issue to the buyer new registration documents for an | 
      
        |  | entire registration year. | 
      
        |  | SECTION 20.015.  Section 520.006(a-1), Transportation Code, | 
      
        |  | as added by Chapters 1290 (H.B. 2017) and 1296 (H.B. 2357), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (a-1)  A county assessor-collector collecting fees on behalf | 
      
        |  | of a county that has been declared as a disaster area for purposes | 
      
        |  | of Section 501.023 or 502.040 may retain the commission for fees | 
      
        |  | collected, but shall allocate the fees to the county declared as a | 
      
        |  | disaster area. | 
      
        |  | SECTION 20.016.  Sections 521.057(a) and (b), | 
      
        |  | Transportation Code, are amended to update references to read as | 
      
        |  | follows: | 
      
        |  | (a)  On receipt of a court order issued under Article 42.016, | 
      
        |  | Code of Criminal Procedure, the department shall ensure that any | 
      
        |  | driver's license record or personal identification certificate | 
      
        |  | record maintained by the department for the person includes an | 
      
        |  | indication that the person is subject to the registration | 
      
        |  | requirements of Chapter 62, Code of Criminal Procedure[ , as added  | 
      
        |  | by Chapter 668, Acts of the 75th Legislature, Regular Session,  | 
      
        |  | 1997]. | 
      
        |  | (b)  The department shall include the indication required by | 
      
        |  | Subsection (a) in any driver's license record or personal | 
      
        |  | identification certificate record maintained by the department for | 
      
        |  | the person until the expiration of the person's duty to register | 
      
        |  | under Chapter 62, Code of Criminal Procedure[ , as added by Chapter  | 
      
        |  | 668, Acts of the 75th Legislature, Regular Session, 1997]. | 
      
        |  | SECTION 20.017.  Section 521.082(b), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (b)  For the purposes of Subsection (a)(3), seating capacity | 
      
        |  | is computed in accordance with Section 502.253 [ 502.162], except | 
      
        |  | that the operator's seat is included in the computation. | 
      
        |  | SECTION 20.018.  Section 521.295(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  If the department suspends a person's license under | 
      
        |  | Section 521.292 or revokes a person's license under Section 521.294 | 
      
        |  | [ or 521.2965], the department shall send a notice of suspension or | 
      
        |  | revocation by first class mail to the person's address in the | 
      
        |  | records of the department. | 
      
        |  | SECTION 20.019.  Section 521.3465(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  A license is automatically suspended on final | 
      
        |  | conviction of the license holder of: | 
      
        |  | (1)  an offense under Section 502.475(a)(4) | 
      
        |  | [ 502.409(a)(4)]; or | 
      
        |  | (2)  an offense under Section 548.603(a)(1) that | 
      
        |  | involves a fictitious safety inspection certificate. | 
      
        |  | SECTION 20.020.  Section 545.353(h-2), Transportation Code, | 
      
        |  | is amended to update a reference to read as follows: | 
      
        |  | (h-2)  Notwithstanding Section 545.352(b)[ ,  as amended by  | 
      
        |  | Chapters 663 (H.B. 385) and 739 (H.B. 1075), Acts of the 76th  | 
      
        |  | Legislature, Regular Session, 1999], the commission may establish a | 
      
        |  | speed limit not to exceed 85 miles per hour on a part of the state | 
      
        |  | highway system if: | 
      
        |  | (1)  that part of the highway system is designed to | 
      
        |  | accommodate travel at that established speed or a higher speed; and | 
      
        |  | (2)  the commission determines, after an engineering | 
      
        |  | and traffic investigation, that the established speed limit is | 
      
        |  | reasonable and safe for that part of the highway system. | 
      
        |  | SECTION 20.021.  Section 545.413(e), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (e)  It is a defense to prosecution under this section that: | 
      
        |  | (1)  the person possesses a written statement from a | 
      
        |  | licensed physician stating that for a medical reason the person | 
      
        |  | should not wear a safety belt; | 
      
        |  | (2)  the person presents to the court, not later than | 
      
        |  | the 10th day after the date of the offense, a statement from a | 
      
        |  | licensed physician stating that for a medical reason the person | 
      
        |  | should not wear a safety belt; | 
      
        |  | (3)  the person is employed by the United States Postal | 
      
        |  | Service and performing a duty for that agency that requires the | 
      
        |  | operator to service postal boxes from a vehicle or that requires | 
      
        |  | frequent entry into and exit from a vehicle; | 
      
        |  | (4)  the person is engaged in the actual delivery of | 
      
        |  | newspapers from a vehicle or is performing newspaper delivery | 
      
        |  | duties that require frequent entry into and exit from a vehicle; | 
      
        |  | (5)  the person is employed by a public or private | 
      
        |  | utility company and is engaged in the reading of meters or | 
      
        |  | performing a similar duty for that company requiring the operator | 
      
        |  | to frequently enter into and exit from a vehicle; | 
      
        |  | (6)  the person is operating a commercial vehicle | 
      
        |  | registered as a farm vehicle under the provisions of Section | 
      
        |  | 502.433 [ 502.163] that does not have a gross weight, registered | 
      
        |  | weight, or gross weight rating of 48,000 pounds or more; or | 
      
        |  | (7)  the person is the operator of or a passenger in a | 
      
        |  | vehicle used exclusively to transport solid waste and performing | 
      
        |  | duties that require frequent entry into and exit from the vehicle. | 
      
        |  | SECTION 20.022.  Section 547.304(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  A provision of this chapter that requires a vehicle to | 
      
        |  | be equipped with fixed electric lights does not apply to a farm | 
      
        |  | trailer or fertilizer trailer registered under Section 502.146 | 
      
        |  | [ 504.504] or a boat trailer with a gross weight of 3,000 pounds or | 
      
        |  | less if the trailer is not operated at a time or under a condition | 
      
        |  | specified by Section 547.302(a). | 
      
        |  | SECTION 20.023.  Section 621.002(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  A copy of the registration receipt issued under Section | 
      
        |  | 502.057 [ 502.178] for a commercial motor vehicle, truck-tractor, | 
      
        |  | trailer, or semitrailer shall be: | 
      
        |  | (1)  carried on the vehicle when the vehicle is on a | 
      
        |  | public highway; and | 
      
        |  | (2)  presented to an officer authorized to enforce this | 
      
        |  | chapter on request of the officer. | 
      
        |  | SECTION 20.024.  Section 621.102, Transportation Code, as | 
      
        |  | amended by Chapters 571 (H.B. 3309) and 1345 (S.B. 1420), Acts of | 
      
        |  | the 82nd Legislature, Regular Session, 2011, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | Sec. 621.102.  AUTHORITY TO SET MAXIMUM WEIGHTS.  (a)  The | 
      
        |  | executive director of the Texas Department of Transportation may | 
      
        |  | set the maximum single axle weight, tandem axle weight, or gross | 
      
        |  | weight of a vehicle, or maximum single axle weight, tandem axle | 
      
        |  | weight, or gross weight of a combination of vehicles and loads, that | 
      
        |  | may be moved over a state highway or a farm or ranch road if the | 
      
        |  | executive director finds that heavier maximum weight would rapidly | 
      
        |  | deteriorate or destroy the road or a bridge or culvert along the | 
      
        |  | road.  A maximum weight set under this subsection may not exceed | 
      
        |  | the maximum set by statute for that weight. | 
      
        |  | (b)  The executive director of the Texas Department of | 
      
        |  | Transportation must make the finding under this section on an | 
      
        |  | engineering and traffic investigation and in making the finding | 
      
        |  | shall consider the width, condition, and type of pavement | 
      
        |  | structures and other circumstances on the road. | 
      
        |  | (c)  A maximum weight or load set under this section becomes | 
      
        |  | effective on a highway or road when appropriate signs giving notice | 
      
        |  | of the maximum weight or load are erected on the highway or road by | 
      
        |  | the Texas Department of Transportation. | 
      
        |  | (d)  A vehicle operating under a permit issued under Section | 
      
        |  | 623.011, 623.071, 623.094, 623.121, 623.142, 623.181, 623.192, or | 
      
        |  | 623.212 may operate under the conditions authorized by the permit | 
      
        |  | over a road for which the executive director of the Texas Department | 
      
        |  | of Transportation has set a maximum weight under this section. | 
      
        |  | (e)  For the purpose of this section, a farm or ranch road is | 
      
        |  | a state highway that is shown in the records of the commission to be | 
      
        |  | a farm-to-market or ranch-to-market road. | 
      
        |  | (f)  This section does not apply to a vehicle delivering | 
      
        |  | groceries, farm products, or liquefied petroleum gas. | 
      
        |  | SECTION 20.025.  Section 622.074, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 622.074.  NONAPPLICABILITY OF SUBCHAPTER.  This | 
      
        |  | subchapter does not apply to: | 
      
        |  | (1)  farm equipment used for a purpose other than | 
      
        |  | construction; | 
      
        |  | (2)  special mobile equipment owned by a dealer or | 
      
        |  | distributor; | 
      
        |  | (3)  a vehicle used to propel special mobile equipment | 
      
        |  | that is registered as a farm vehicle as defined by Section 502.433 | 
      
        |  | [ 502.163]; or | 
      
        |  | (4)  equipment while being used by a commercial hauler | 
      
        |  | to transport special mobile equipment under hire of a person who | 
      
        |  | derives $500 in gross receipts annually from a farming or ranching | 
      
        |  | enterprise. | 
      
        |  | SECTION 20.026.  Section 622.901, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 622.901.  WIDTH EXCEPTIONS.  The width limitation | 
      
        |  | provided by Section 621.201 does not apply to: | 
      
        |  | (1)  highway building or maintenance machinery that is | 
      
        |  | traveling: | 
      
        |  | (A)  during daylight on a public highway other | 
      
        |  | than a highway that is part of the national system of interstate and | 
      
        |  | defense highways; or | 
      
        |  | (B)  for not more than 50 miles on a highway that | 
      
        |  | is part of the national system of interstate and defense highways; | 
      
        |  | (2)  a vehicle traveling during daylight on a public | 
      
        |  | highway other than a highway that is part of the national system of | 
      
        |  | interstate and defense highways or traveling for not more than 50 | 
      
        |  | miles on a highway that is part of the national system of interstate | 
      
        |  | and defense highways if the vehicle is: | 
      
        |  | (A)  a farm tractor or implement of husbandry; or | 
      
        |  | (B)  a vehicle on which a farm tractor or | 
      
        |  | implement of husbandry, other than a tractor or implement being | 
      
        |  | transported from one dealer to another, is being moved by the owner | 
      
        |  | of the tractor or implement or by an agent or employee of the owner: | 
      
        |  | (i)  to deliver the tractor or implement to a | 
      
        |  | new owner; | 
      
        |  | (ii)  to transport the tractor or implement | 
      
        |  | to or from a mechanic for maintenance or repair; or | 
      
        |  | (iii)  in the course of an agricultural | 
      
        |  | operation; | 
      
        |  | (3)  machinery that is used solely for drilling water | 
      
        |  | wells, including machinery that is a unit or a unit mounted on a | 
      
        |  | conventional vehicle or chassis, and that is traveling: | 
      
        |  | (A)  during daylight on a public highway other | 
      
        |  | than a highway that is part of the national system of interstate and | 
      
        |  | defense highways; or | 
      
        |  | (B)  for not more than 50 miles on a highway that | 
      
        |  | is part of the national system of interstate and defense highways; | 
      
        |  | (4)  a vehicle owned or operated by a public, private, | 
      
        |  | or volunteer fire department; | 
      
        |  | (5)  a vehicle registered under Section 502.431 | 
      
        |  | [ 502.164]; or | 
      
        |  | (6)  a recreational vehicle to which Section 622.903 | 
      
        |  | applies. | 
      
        |  | SECTION 20.027.  Section 623.144, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 623.144.  REGISTRATION OF VEHICLE.  A permit under this | 
      
        |  | subchapter may be issued only if the vehicle is registered under | 
      
        |  | Chapter 502 for the maximum gross weight applicable to the vehicle | 
      
        |  | under Section 621.101 or has the distinguishing license plates as | 
      
        |  | provided by Section 502.146 [ 504.504] if applicable to the vehicle. | 
      
        |  | SECTION 20.028.  Section 623.149(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  The department may establish criteria to determine | 
      
        |  | whether oil well servicing, oil well clean out, or oil well drilling | 
      
        |  | machinery or equipment is subject to registration under Chapter 502 | 
      
        |  | or eligible for the distinguishing license plate provided by | 
      
        |  | Section 502.146 [ 504.504]. | 
      
        |  | SECTION 20.029.  Section 623.194, Transportation Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | Sec. 623.194.  REGISTRATION OF VEHICLE.  A permit under this | 
      
        |  | subchapter may be issued only if the vehicle to be moved is | 
      
        |  | registered under Chapter 502 for the maximum gross weight | 
      
        |  | applicable to the vehicle under Section 621.101 or has the | 
      
        |  | distinguishing license plates as provided by Section 502.146 | 
      
        |  | [ 504.504] if applicable to the vehicle. | 
      
        |  | SECTION 20.030.  Section 623.199(a), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (a)  The department may establish criteria to determine | 
      
        |  | whether an unladen lift equipment motor vehicle that because of its | 
      
        |  | design for use as lift equipment exceeds the maximum weight and | 
      
        |  | width limitations prescribed by statute is subject to registration | 
      
        |  | under Chapter 502 or eligible for the distinguishing license plate | 
      
        |  | provided by Section 502.146 [ 504.504]. | 
      
        |  | SECTION 20.031.  Section 642.003, Transportation Code, is | 
      
        |  | amended to correct references to read as follows: | 
      
        |  | Sec. 642.003.  NONAPPLICABILITY.  Section 642.002 does not | 
      
        |  | apply to a commercial motor vehicle, road-tractor, or truck-tractor | 
      
        |  | that is: | 
      
        |  | (1)  registered under Section 502.433 [ 502.163]; | 
      
        |  | (2)  required to be registered under Section 113.131, | 
      
        |  | Natural Resources Code; | 
      
        |  | (3)  operated in private carriage that is subject to | 
      
        |  | Title 49, Code of Federal Regulations, Part 390.21 [ 397.21]; | 
      
        |  | (4)  operated under the direct control, supervision, or | 
      
        |  | authority of a public utility, as recognized by the legislature, | 
      
        |  | that is otherwise visibly marked; or | 
      
        |  | (5)  transporting timber products in their natural | 
      
        |  | state from first point of production or harvest to first point of | 
      
        |  | processing. | 
      
        |  | SECTION 20.032.  Section 648.051(b), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (b)  This subchapter supersedes that portion of any paired | 
      
        |  | city, paired state, or similar understanding governing foreign | 
      
        |  | commercial motor vehicles or motor carriers entered into under | 
      
        |  | Section 502.091 [ 502.054] or any other law. | 
      
        |  | SECTION 20.033.  Section 1001.101(2), Transportation Code, | 
      
        |  | is amended to correct a reference to read as follows: | 
      
        |  | (2)  "License" includes: | 
      
        |  | (A)  a motor carrier registration issued under | 
      
        |  | Chapter 643; | 
      
        |  | (B)  a motor vehicle dealer, salvage dealer, | 
      
        |  | manufacturer, distributor, representative, converter, or agent | 
      
        |  | license issued by the department; | 
      
        |  | (C)  specially designated or specialized license | 
      
        |  | plates issued under Chapter 504; and | 
      
        |  | (D)  an apportioned registration issued according | 
      
        |  | to the International Registration Plan under Section 502.091 | 
      
        |  | [ 502.054]. | 
      
        |  | ARTICLE 21.  CHANGES RELATING TO WATER CODE | 
      
        |  | SECTION 21.001.  The heading to Section 5.178, Water Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 5.178.  [ ANNUAL REPORTS;] BIENNIAL REPORTS | 
      
        |  | [ APPENDICES]. | 
      
        |  | SECTION 21.002.  Section 36.121, Water Code, as amended by | 
      
        |  | Chapters 1042 (H.B. 3109) and 1163 (H.B. 2702), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 36.121.  LIMITATION ON RULEMAKING POWER OF DISTRICTS | 
      
        |  | OVER WELLS IN CERTAIN COUNTIES.  Except as provided by Section | 
      
        |  | 36.117, a district that is created under this chapter on or after | 
      
        |  | September 1, 1991, shall exempt from regulation under this chapter | 
      
        |  | a well and any water produced or to be produced by a well that is | 
      
        |  | located in a county that has a population of 14,000 or less if the | 
      
        |  | water is to be used solely to supply a municipality that has a | 
      
        |  | population of 121,000 or less and the rights to the water produced | 
      
        |  | from the well are owned by a political subdivision that is not a | 
      
        |  | municipality, or by a municipality that has a population of 115,000 | 
      
        |  | or less, and that purchased, owned, or held rights to the water | 
      
        |  | before the date on which the district was created, regardless of the | 
      
        |  | date the well is drilled or the water is produced.  The district may | 
      
        |  | not prohibit the political subdivision or municipality from | 
      
        |  | transporting produced water inside or outside the district's | 
      
        |  | boundaries. | 
      
        |  | SECTION 21.003.  Section 36.205(e), Water Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | (e)  Subsection (c) does not apply to the following | 
      
        |  | districts: | 
      
        |  | (1)  the Edwards Aquifer Authority; | 
      
        |  | (2)  the Fort Bend Subsidence District; | 
      
        |  | (3)  the Harris-Galveston [ Coastal] Subsidence | 
      
        |  | District; | 
      
        |  | (4)  the Barton Springs-Edwards Aquifer Conservation | 
      
        |  | District; or | 
      
        |  | (5)  any district that collects a property tax and that | 
      
        |  | was created before September 1, 1999, unless otherwise authorized | 
      
        |  | by special law. | 
      
        |  | SECTION 21.004.  Section 49.181(h), Water Code, as amended | 
      
        |  | by Chapters 36 (S.B. 914) and 156 (H.B. 1901), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (h)  This section does not apply to: | 
      
        |  | (1)  a district if: | 
      
        |  | (A)  the district's boundaries include one entire | 
      
        |  | county; | 
      
        |  | (B)  the district was created by a special Act of | 
      
        |  | the legislature and: | 
      
        |  | (i)  the district is located entirely within | 
      
        |  | one county; | 
      
        |  | (ii)  the district is located entirely | 
      
        |  | within one or more home-rule municipalities; | 
      
        |  | (iii)  the total taxable value of the real | 
      
        |  | property and improvements to the real property zoned by one or more | 
      
        |  | home-rule municipalities for residential purposes and located | 
      
        |  | within the district does not exceed 25 percent of the total taxable | 
      
        |  | value of all taxable property in the district, as shown by the most | 
      
        |  | recent certified appraisal tax roll prepared by the appraisal | 
      
        |  | district for the county; and | 
      
        |  | (iv)  the district was not required by law to | 
      
        |  | obtain commission approval of its bonds before the effective date | 
      
        |  | of this section; | 
      
        |  | (C)  the district is a special water authority; | 
      
        |  | (D)  the district is governed by a board of | 
      
        |  | directors appointed in whole or in part by the governor, a state | 
      
        |  | agency, or the governing body or chief elected official of a | 
      
        |  | municipality or county and does not provide, or propose to provide, | 
      
        |  | water, sewer, drainage, reclamation, or flood control services to | 
      
        |  | residential retail or commercial customers as its principal | 
      
        |  | function; | 
      
        |  | (E)  the district on September 1, 2003: | 
      
        |  | (i)  is a municipal utility district that | 
      
        |  | includes territory in only two counties; | 
      
        |  | (ii)  has outstanding long-term | 
      
        |  | indebtedness that is rated BBB or better by a nationally recognized | 
      
        |  | rating agency for municipal securities; and | 
      
        |  | (iii)  has at least 5,000 active water | 
      
        |  | connections; or | 
      
        |  | (F) [ (6)]  the district: | 
      
        |  | (i) [ (A)]  is a conservation and reclamation | 
      
        |  | district created under Section 59, Article XVI, Texas Constitution, | 
      
        |  | that includes territory in at least three counties; and | 
      
        |  | (ii) [ (B)]  has the rights, powers, | 
      
        |  | privileges, and functions applicable to a river authority under | 
      
        |  | Chapter 30; or | 
      
        |  | (2)  a public utility agency created under Chapter 572, | 
      
        |  | Local Government Code, any of the public entities participating in | 
      
        |  | which are districts if at least one of those districts is a district | 
      
        |  | described by Subdivision (1)(E). | 
      
        |  | SECTION 21.005.  Section 49.2145(a), Water Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | (a)  This section applies only to a district located in: | 
      
        |  | (1)  a county included in the Harris-Galveston | 
      
        |  | [ Coastal] Subsidence District; or | 
      
        |  | (2)  a county included in the Fort Bend Subsidence | 
      
        |  | District. | 
      
        |  | ARTICLE 22.  REDESIGNATIONS | 
      
        |  | SECTION 22.001.  The following provisions of enacted codes | 
      
        |  | are redesignated to eliminate duplicate citations: | 
      
        |  | (1)  Chapter 21, Business & Commerce Code, as added by | 
      
        |  | Chapter 1242 (S.B. 1320), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Chapter 21A, Business & Commerce | 
      
        |  | Code, and Sections 21.001, 21.002, and 21.003, Business & Commerce | 
      
        |  | Code, as added by that Act, are redesignated as Sections 21A.001, | 
      
        |  | 21A.002, and 21A.003, Business & Commerce Code, respectively. | 
      
        |  | (2)  Chapter 57, Business & Commerce Code, as added by | 
      
        |  | Chapter 979 (H.B. 1711), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Chapter 58, Business & Commerce | 
      
        |  | Code, and Sections 57.001, 57.002, 57.003, 57.004, and 57.005, | 
      
        |  | Business & Commerce Code, as added by that Act, are redesignated as | 
      
        |  | Sections 58.001, 58.002, 58.003, 58.004, and 58.005, Business & | 
      
        |  | Commerce Code, respectively. | 
      
        |  | (3)  Chapter 106, Business & Commerce Code, as added by | 
      
        |  | Chapter 164 (H.B. 2468), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Chapter 107, Business & Commerce | 
      
        |  | Code, and Sections 106.001, 106.002, 106.003, 106.004, and 106.005, | 
      
        |  | Business & Commerce Code, as added by that Act, are redesignated as | 
      
        |  | Sections 107.001, 107.002, 107.003, 107.004, and 107.005, Business & | 
      
        |  | Commerce Code, respectively. | 
      
        |  | (4)  Chapter 106, Business & Commerce Code, as added by | 
      
        |  | Chapter 579 (H.B. 3487), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Chapter 108, Business & Commerce | 
      
        |  | Code, and Sections 106.001, 106.002, 106.003, and 106.004, Business & | 
      
        |  | Commerce Code, as added by that Act, are redesignated as Sections | 
      
        |  | 108.001, 108.002, 108.003, and 108.004, Business & Commerce Code, | 
      
        |  | respectively. | 
      
        |  | (5)  Article 6.09, Code of Criminal Procedure, as added | 
      
        |  | by Chapter 1322 (S.B. 407), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Article 6.10, Code of Criminal | 
      
        |  | Procedure. | 
      
        |  | (6)  Article 38.46, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 104 (S.B. 1680), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Article 38.47, Code of | 
      
        |  | Criminal Procedure. | 
      
        |  | (7)  Article 42.0182, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 327 (H.B. 2624), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Article 42.0183, Code of | 
      
        |  | Criminal Procedure. | 
      
        |  | (8)  Subsections (f), (g), and (h), Article 45.056, | 
      
        |  | Code of Criminal Procedure, as added by Chapter 1055 (S.B. 209), | 
      
        |  | Acts of the 82nd Legislature, Regular Session, 2011, are | 
      
        |  | redesignated as Subsections (i), (j), and (k), Article 45.056, Code | 
      
        |  | of Criminal Procedure, respectively. | 
      
        |  | (9)  Section 51.969, Education Code, as added by | 
      
        |  | Chapter 889 (H.B. 2426), Acts of the 80th Legislature, Regular | 
      
        |  | Session, 2007, is redesignated as Section 51.977, Education Code. | 
      
        |  | (10)  Section 51.976, Education Code, as added by | 
      
        |  | Chapter 703 (H.B. 452), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 51.978, Education Code. | 
      
        |  | (11)  Section 56.007, Education Code, as added by | 
      
        |  | Chapter 415 (S.B. 851), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 56.008, Education Code. | 
      
        |  | (12)  Subsection (b-1), Section 61.059, Education | 
      
        |  | Code, as added by Chapter 1183 (H.B. 3468), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (b-2), Section 61.059, Education Code. | 
      
        |  | (13)  Subsection (e), Section 12.006, Election Code, as | 
      
        |  | added by Chapter 507 (H.B. 1570), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Subsection (f), Section | 
      
        |  | 12.006, Election Code. | 
      
        |  | (14)  Section 18.068, Election Code, as added by | 
      
        |  | Chapter 1164 (H.B. 2817), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 18.069, Election Code. | 
      
        |  | (15)  Subsection (c), Section 41.0052, Election Code, | 
      
        |  | as added by Chapter 519 (H.B. 2144), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Subsection (e), Section | 
      
        |  | 41.0052, Election Code. | 
      
        |  | (16)  Subsections (c-3) and (c-4), Section 58.003, | 
      
        |  | Family Code, as added by Chapter 1322 (S.B. 407), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, are redesignated as | 
      
        |  | Subsections (c-5) and (c-6), Section 58.003, Family Code, | 
      
        |  | respectively. | 
      
        |  | (17)  Section 263.007, Family Code, as added by Chapter | 
      
        |  | 791 (H.B. 2170), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, is redesignated as Section 263.008, Family Code. | 
      
        |  | (18)  Subsection (f), Section 157.003, Finance Code, as | 
      
        |  | added by Chapter 588 (S.B. 17), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Subsection (h), Section | 
      
        |  | 157.003, Finance Code. | 
      
        |  | (19)  Subchapter JJ, Chapter 54, Government Code, as | 
      
        |  | added by Chapter 863 (H.B. 3844), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Subchapter DD, Chapter | 
      
        |  | 54, Government Code, and Sections 54.1951, 54.1952, 54.1953, | 
      
        |  | 54.1954, and 54.1955, Government Code, as added by that Act, are | 
      
        |  | redesignated as Sections 54.1501, 54.1502, 54.1503, 54.1504, and | 
      
        |  | 54.1505, Government Code, respectively. | 
      
        |  | (20)  Section 411.1146, Government Code, as added by | 
      
        |  | Chapter 1245 (S.B. 1518), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 411.1147, Government | 
      
        |  | Code. | 
      
        |  | (21)  Subchapter N, Chapter 411, Government Code, as | 
      
        |  | added by Chapter 1234 (S.B. 694), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Subchapter O, Chapter | 
      
        |  | 411, Government Code. | 
      
        |  | (22)  Section 552.153, Government Code, as added by | 
      
        |  | Chapter 455 (S.B. 1667), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 552.154, Government Code. | 
      
        |  | (23)  Chapter 2267, Government Code, as added by | 
      
        |  | Chapter 1129 (H.B. 628), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Chapter 2269, Government Code, | 
      
        |  | and Sections 2267.001, 2267.002, 2267.003, 2267.004, 2267.005, | 
      
        |  | 2267.006, 2267.007, 2267.008, 2267.009, 2267.010, 2267.051, | 
      
        |  | 2267.052, 2267.053, 2267.054, 2267.055, 2267.056, 2267.057, | 
      
        |  | 2267.058, 2267.059, 2267.101, 2267.102, 2267.103, 2267.104, | 
      
        |  | 2267.105, 2267.106, 2267.151, 2267.152, 2267.153, 2267.154, | 
      
        |  | 2267.155, 2267.201, 2267.202, 2267.203, 2267.204, 2267.205, | 
      
        |  | 2267.206, 2267.207, 2267.208, 2267.251, 2267.252, 2267.253, | 
      
        |  | 2267.254, 2267.255, 2267.256, 2267.257, 2267.258, 2267.301, | 
      
        |  | 2267.302, 2267.303, 2267.304, 2267.305, 2267.306, 2267.307, | 
      
        |  | 2267.308, 2267.309, 2267.310, 2267.311, 2267.351, 2267.352, | 
      
        |  | 2267.353, 2267.354, 2267.355, 2267.356, 2267.357, 2267.358, | 
      
        |  | 2267.359, 2267.360, 2267.361, 2267.362, 2267.363, 2267.364, | 
      
        |  | 2267.365, 2267.366, 2267.367, 2267.401, 2267.402, 2267.403, | 
      
        |  | 2267.404, 2267.405, 2267.406, 2267.407, 2267.408, 2267.409, | 
      
        |  | 2267.410, 2267.411, 2267.451, and 2267.452, Government Code, as | 
      
        |  | added by that Act, are redesignated as Sections 2269.001, 2269.002, | 
      
        |  | 2269.003, 2269.004, 2269.005, 2269.006, 2269.007, 2269.008, | 
      
        |  | 2269.009, 2269.010, 2269.051, 2269.052, 2269.053, 2269.054, | 
      
        |  | 2269.055, 2269.056, 2269.057, 2269.058, 2269.059, 2269.101, | 
      
        |  | 2269.102, 2269.103, 2269.104, 2269.105, 2269.106, 2269.151, | 
      
        |  | 2269.152, 2269.153, 2269.154, 2269.155, 2269.201, 2269.202, | 
      
        |  | 2269.203, 2269.204, 2269.205, 2269.206, 2269.207, 2269.208, | 
      
        |  | 2269.251, 2269.252, 2269.253, 2269.254, 2269.255, 2269.256, | 
      
        |  | 2269.257, 2269.258, 2269.301, 2269.302, 2269.303, 2269.304, | 
      
        |  | 2269.305, 2269.306, 2269.307, 2269.308, 2269.309, 2269.310, | 
      
        |  | 2269.311, 2269.351, 2269.352, 2269.353, 2269.354, 2269.355, | 
      
        |  | 2269.356, 2269.357, 2269.358, 2269.359, 2269.360, 2269.361, | 
      
        |  | 2269.362, 2269.363, 2269.364, 2269.365, 2269.366, 2269.367, | 
      
        |  | 2269.401, 2269.402, 2269.403, 2269.404, 2269.405, 2269.406, | 
      
        |  | 2269.407, 2269.408, 2269.409, 2269.410, 2269.411, 2269.451, and | 
      
        |  | 2269.452, Government Code, respectively. | 
      
        |  | (24)  Section 61.067, Health and Safety Code, as added | 
      
        |  | by Chapter 1206 (S.B. 304), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 61.068, Health and Safety | 
      
        |  | Code. | 
      
        |  | (25)  Section 241.007, Health and Safety Code, as added | 
      
        |  | by Chapter 299 (H.B. 1983), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 241.008, Health and | 
      
        |  | Safety Code. | 
      
        |  | (26)  Section 281.0283, Health and Safety Code, as | 
      
        |  | added by Chapter 524 (H.B. 2351), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, is redesignated as Section 281.0284, Health | 
      
        |  | and Safety Code. | 
      
        |  | (27)  Subchapter E, Chapter 311, Health and Safety | 
      
        |  | Code, as added by Chapter 55 (S.B. 894), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subchapter | 
      
        |  | F, Chapter 311, Health and Safety Code, and Sections 311.061, | 
      
        |  | 311.062, and 311.063, Health and Safety Code, as added by that Act, | 
      
        |  | are redesignated as Sections 311.081, 311.082, and 311.083, Health | 
      
        |  | and Safety Code, respectively. | 
      
        |  | (28)  Subsection (a-1), Section 711.002, Health and | 
      
        |  | Safety Code, as added by Chapter 95 (H.B. 74), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (a-2), Section 711.002, Health and Safety Code. | 
      
        |  | (29)  Subdivision (19), Section 773.003, Health and | 
      
        |  | Safety Code, as added by Chapter 853 (S.B. 1412), Acts of the 72nd | 
      
        |  | Legislature, Regular Session, 1991, is redesignated as Subdivision | 
      
        |  | (7-a), Section 773.003, Health and Safety Code. | 
      
        |  | (30)  Subsection (f), Section 42.041, Human Resources | 
      
        |  | Code, as added by Chapter 343 (H.B. 3051), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (g), Section 42.041, Human Resources Code. | 
      
        |  | (31)  Subsections (f) and (g), Section 42.0421, Human | 
      
        |  | Resources Code, as added by Chapter 882 (S.B. 260), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, are redesignated as | 
      
        |  | Subsections (h) and (i), Section 42.0421, Human Resources Code, | 
      
        |  | respectively. | 
      
        |  | (32)  Section 42.0443, Human Resources Code, as added | 
      
        |  | by Chapter 253 (H.B. 1555), Acts of the 75th Legislature, Regular | 
      
        |  | Session, 1997, is redesignated as Section 42.04425, Human Resources | 
      
        |  | Code. | 
      
        |  | (33)  Subsection (c), Section 42.021, Local Government | 
      
        |  | Code, as added by Chapter 215 (H.B. 91), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (d), Section 42.021, Local Government Code. | 
      
        |  | (34)  Subsection (c), Section 271.060, Local | 
      
        |  | Government Code, as added by Chapter 479 (H.B. 679), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is redesignated as | 
      
        |  | Subsection (d), Section 271.060, Local Government Code. | 
      
        |  | (35)  Section 1103.157, Occupations Code, as added by | 
      
        |  | Chapter 256 (H.B. 1146), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 1103.159, Occupations | 
      
        |  | Code. | 
      
        |  | (36)  Subdivision (17), Section 31.003, Parks and | 
      
        |  | Wildlife Code, as added by Chapter 720 (H.B. 787), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subdivision | 
      
        |  | (18), Section 31.003, Parks and Wildlife Code. | 
      
        |  | (37)  Subsection (a-1), Section 31.121, Parks and | 
      
        |  | Wildlife Code, as added by Chapter 789 (H.B. 2141), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (a-2), Section 31.121, Parks and Wildlife Code. | 
      
        |  | (38)  Subdivision (2), Subsection (c), Section 38.04, | 
      
        |  | Penal Code, as added by Chapter 391 (S.B. 496), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subdivision | 
      
        |  | (3), Subsection (c), Section 38.04, Penal Code. | 
      
        |  | (39)  Chapter 64, Property Code, as added by Chapter | 
      
        |  | 918 (S.B. 1368), Acts of the 82nd Legislature, Regular Session, | 
      
        |  | 2011, is redesignated as Chapter 65, Property Code, and Sections | 
      
        |  | 64.001, 64.002, 64.003, and 64.004, Property Code, as added by that | 
      
        |  | Act, are redesignated as Sections 65.001, 65.002, 65.003, and | 
      
        |  | 65.004, Property Code, respectively. | 
      
        |  | (40)  Section 202.011, Property Code, as added by | 
      
        |  | Chapter 1028 (H.B. 2779), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 202.012, Property Code. | 
      
        |  | (41)  Subsection (c), Section 23.21, Tax Code, as added | 
      
        |  | by Chapter 1309 (H.B. 3133), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Subsection (e), Section 23.21, | 
      
        |  | Tax Code. | 
      
        |  | (42)  Subsection (c), Section 41.47, Tax Code, as added | 
      
        |  | by Chapter 322 (H.B. 2476), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Subsection (c-1), Section 41.47, | 
      
        |  | Tax Code. | 
      
        |  | (43)  Subsection (h-1), Section 222.107, | 
      
        |  | Transportation Code, as added by Chapter 475 (H.B. 563), Acts of the | 
      
        |  | 82nd Legislature, Regular Session, 2011, is redesignated as | 
      
        |  | Subsection (h-2), Section 222.107, Transportation Code. | 
      
        |  | (44)  Section 223.2012, Transportation Code, as added | 
      
        |  | by Chapter 459 (S.B. 1719), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 223.2013, Transportation | 
      
        |  | Code. | 
      
        |  | (45)  Section 225.082, Transportation Code, as added by | 
      
        |  | Chapter 45 (H.B. 1409), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.085, Transportation | 
      
        |  | Code. | 
      
        |  | (46)  Section 225.082, Transportation Code, as added by | 
      
        |  | Chapter 830 (H.B. 3208), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.086, Transportation | 
      
        |  | Code. | 
      
        |  | (47)  Section 225.082, Transportation Code, as added by | 
      
        |  | Chapter 1314 (H.B. 3841), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.087, Transportation | 
      
        |  | Code. | 
      
        |  | (48)  Section 225.083, Transportation Code, as added by | 
      
        |  | Chapter 652 (S.B. 1100), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.088, Transportation | 
      
        |  | Code. | 
      
        |  | (49)  Section 225.084, Transportation Code, as added by | 
      
        |  | Chapter 859 (H.B. 3837), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.089, Transportation | 
      
        |  | Code. | 
      
        |  | (50)  Section 225.084, Transportation Code, as added by | 
      
        |  | Chapter 1117 (S.B. 1925), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 225.090, Transportation | 
      
        |  | Code. | 
      
        |  | (51)  Subsection (a), Section 504.315, Transportation | 
      
        |  | Code, as added by Chapter 460 (S.B. 1755), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, is redesignated as Subsection | 
      
        |  | (b), Section 504.315, Transportation Code. | 
      
        |  | (52)  Section 504.317, Transportation Code, as added by | 
      
        |  | Chapter 1281 (H.B. 1178), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 504.318, Transportation | 
      
        |  | Code. | 
      
        |  | (53)  Section 504.660, Transportation Code, as added by | 
      
        |  | Chapter 397 (H.B. 1749), Acts of the 81st Legislature, Regular | 
      
        |  | Session, 2009, is redesignated as Section 504.661, Transportation | 
      
        |  | Code. | 
      
        |  | (54)  Section 56.032, Utilities Code, as added by | 
      
        |  | Chapter 98 (S.B. 980), Acts of the 82nd Legislature, Regular | 
      
        |  | Session, 2011, is redesignated as Section 56.033, Utilities Code. | 
      
        |  | SECTION 22.002.  The following changes are made to conform | 
      
        |  | the provisions amended to the redesignating changes made by Section | 
      
        |  | 22.001 of this Act: | 
      
        |  | (1)  Subsection (b), Section 58.003, Business & | 
      
        |  | Commerce Code, as redesignated from Subsection (b), Section 57.003, | 
      
        |  | Business & Commerce Code, by Section 22.001 of this Act, is amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  A disaster remediation contractor: | 
      
        |  | (1)  may not require a person to make a full or partial | 
      
        |  | payment under a contract before the contractor begins work; | 
      
        |  | (2)  may not require that the amount of any partial | 
      
        |  | payment under the contract exceed an amount reasonably | 
      
        |  | proportionate to the work performed, including any materials | 
      
        |  | delivered; and | 
      
        |  | (3)  shall include in any contract for disaster | 
      
        |  | remediation services the following statement in conspicuous, | 
      
        |  | boldfaced type of at least 10 points in size:  "This contract is | 
      
        |  | subject to Chapter 58 [ 57], Business & Commerce Code.  A contractor | 
      
        |  | may not require a full or partial payment before the contractor | 
      
        |  | begins work and may not require partial payments in an amount that | 
      
        |  | exceeds an amount reasonably proportionate to the work performed, | 
      
        |  | including any materials delivered." | 
      
        |  | (2)  Section 107.005, Business & Commerce Code, as | 
      
        |  | redesignated from Section 106.005, Business & Commerce Code, by | 
      
        |  | Section 22.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 107.005  [ 106.005].  SUIT FOR CIVIL PENALTY.  The | 
      
        |  | attorney general or a county or district attorney may bring an | 
      
        |  | action to recover a civil penalty imposed under Section 107.004 | 
      
        |  | [ 106.004]. | 
      
        |  | (3)  Section 108.004, Business & Commerce Code, as | 
      
        |  | redesignated from Section 106.004, Business & Commerce Code, by | 
      
        |  | Section 22.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 108.004  [ 106.004].  CIVIL PENALTY.  The owner or | 
      
        |  | operator of a commercial lodging establishment or restaurant that | 
      
        |  | violates Section 108.002 [ 106.002] is liable for a civil penalty in | 
      
        |  | an amount not to exceed $200 for each violation. | 
      
        |  | (4)  Subsection (k), Article 45.056, Code of Criminal | 
      
        |  | Procedure, as redesignated from Subsection (h), Article 45.056, | 
      
        |  | Code of Criminal Procedure, by Section 22.001 of this Act, is | 
      
        |  | amended to read as follows: | 
      
        |  | (k) [ (h)]  Subsections (i) [(f)] and (j) [(g)] do not apply | 
      
        |  | to: | 
      
        |  | (1)  a part-time judge; or | 
      
        |  | (2)  a county judge of a county court that has one or | 
      
        |  | more appointed full-time magistrates under Section 54.1172, | 
      
        |  | Government Code. | 
      
        |  | (5)  Subsection (a), Section 44.031, Education Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Except as provided by this subchapter, all school | 
      
        |  | district contracts for the purchase of goods and services, except | 
      
        |  | contracts for the purchase of produce or vehicle fuel, valued at | 
      
        |  | $50,000 or more in the aggregate for each 12-month period shall be | 
      
        |  | made by the method, of the following methods, that provides the best | 
      
        |  | value for the district: | 
      
        |  | (1)  competitive bidding for services other than | 
      
        |  | construction services; | 
      
        |  | (2)  competitive sealed proposals for services other | 
      
        |  | than construction services; | 
      
        |  | (3)  a request for proposals, for services other than | 
      
        |  | construction services; | 
      
        |  | (4)  an interlocal contract; | 
      
        |  | (5)  a method provided by Chapter 2269 [ 2267], | 
      
        |  | Government Code, for construction services; | 
      
        |  | (6)  the reverse auction procedure as defined by | 
      
        |  | Section 2155.062(d), Government Code; or | 
      
        |  | (7)  the formation of a political subdivision | 
      
        |  | corporation under Section 304.001, Local Government Code. | 
      
        |  | (6)  Subsection (j), Section 44.901, Education Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (j)  Chapter 2269 [ 2267], Government Code, does not apply to | 
      
        |  | this section. | 
      
        |  | (7)  Subsection (k), Section 51.927, Education Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (k)  Chapter 2269 [ 2267], Government Code, does not apply to | 
      
        |  | this section. | 
      
        |  | (8)  Subsection (c-6), Section 58.003, Family Code, as | 
      
        |  | redesignated from Subsection (c-4), Section 58.003, Family Code, by | 
      
        |  | Section 22.001 of this Act, is amended to read as follows: | 
      
        |  | (c-6) [ (c-4)]  A prosecuting attorney or juvenile probation | 
      
        |  | department may maintain until a child's 17th birthday a separate | 
      
        |  | record of the child's name and date of birth and the date on which | 
      
        |  | the child successfully completed the educational program, if the | 
      
        |  | child's records are sealed under Subsection (c-5) [ (c-3)].  The | 
      
        |  | prosecuting attorney or juvenile probation department, as | 
      
        |  | applicable, shall send the record to the court as soon as | 
      
        |  | practicable after the child's 17th birthday to be added to the | 
      
        |  | child's other sealed records. | 
      
        |  | (9)  Section 2166.2525, Government Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 2166.2525.  DETERMINATION OF CONTRACTING METHOD.  The | 
      
        |  | method of contracting allowed under this subchapter for design and | 
      
        |  | construction services is any method provided by Chapter 2269 | 
      
        |  | [ 2267]. | 
      
        |  | (10)  Subsection (k), Section 2166.406, Government | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (k)  Chapter 2269 [ 2267] does not apply to this section. | 
      
        |  | (11)  Subsection (d), Section 2269.254, Government | 
      
        |  | Code, as redesignated from Subsection (d), Section 2267.254, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (d)  Not later than the seventh day after the date the | 
      
        |  | contract is awarded, the governmental entity shall make the | 
      
        |  | rankings determined under Section 2269.253(g) [ 2267.253(g)] | 
      
        |  | public. | 
      
        |  | (12)  Subsection (d), Section 2269.308, Government | 
      
        |  | Code, as redesignated from Subsection (d), Section 2267.308, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (d)  Not later than the seventh day after the date the | 
      
        |  | contract is awarded, the governmental entity shall make the | 
      
        |  | rankings determined under Section 2269.307(f) [ 2267.307(f)] | 
      
        |  | public. | 
      
        |  | (13)  Subsection (d), Section 2269.353, Government | 
      
        |  | Code, as redesignated from Subsection (d), Section 2267.353, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (d)  A governmental entity shall make a formal finding on the | 
      
        |  | criteria described by Subsection (c) before preparing a request for | 
      
        |  | qualifications under Section 2269.357 [ 2267.357]. | 
      
        |  | (14)  Section 2269.357, Government Code, as | 
      
        |  | redesignated from Section 2267.357, Government Code, by Section | 
      
        |  | 22.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 2269.357 [ 2267.357].  REQUEST FOR QUALIFICATIONS. | 
      
        |  | (a)  The governmental entity shall prepare a request for | 
      
        |  | qualifications that includes: | 
      
        |  | (1)  information on the civil works project site; | 
      
        |  | (2)  project scope; | 
      
        |  | (3)  project budget; | 
      
        |  | (4)  project schedule; | 
      
        |  | (5)  criteria for selection under Section 2269.359 | 
      
        |  | [ 2267.359] and the weighting of the criteria; and | 
      
        |  | (6)  other information that may assist potential | 
      
        |  | design-build firms in submitting proposals for the project. | 
      
        |  | (b)  The governmental entity shall also prepare a design | 
      
        |  | criteria package as described by Section 2269.358 [ 2267.358]. | 
      
        |  | (15)  Section 2269.360, Government Code, as | 
      
        |  | redesignated from Section 2267.360, Government Code, by Section | 
      
        |  | 22.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 2269.360 [ 2267.360].  SELECTION OF DESIGN-BUILD | 
      
        |  | FIRM.  The governmental entity shall select a design-build firm | 
      
        |  | using a combination of technical and cost proposals as provided by | 
      
        |  | Section 2269.361 [ 2267.361]. | 
      
        |  | (16)  Subsection (a), Section 2269.361, Government | 
      
        |  | Code, as redesignated from Subsection (a), Section 2267.361, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (a)  A governmental entity shall request proposals from | 
      
        |  | design-build firms identified under Section 2269.359(c) | 
      
        |  | [ 2267.359(c)].  A firm must submit a proposal not later than the | 
      
        |  | 180th day after the date the governmental entity makes a public | 
      
        |  | request for the proposals from the selected firms.  The request for | 
      
        |  | proposals must include: | 
      
        |  | (1)  a design criteria package; | 
      
        |  | (2)  if the project site is identified, a geotechnical | 
      
        |  | baseline report or other information that provides the design-build | 
      
        |  | firm minimum geotechnical design parameters to submit a proposal; | 
      
        |  | (3)  detailed instructions for preparing the technical | 
      
        |  | proposal and the items to be included, including a description of | 
      
        |  | the form and level of completeness of drawings expected; and | 
      
        |  | (4)  the relative weighting of the technical and price | 
      
        |  | proposals and the formula by which the proposals will be evaluated | 
      
        |  | and ranked. | 
      
        |  | (17)  Section 2269.362, Government Code, as | 
      
        |  | redesignated from Section 2267.362, Government Code, by Section | 
      
        |  | 22.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 2269.362 [ 2267.362].  NEGOTIATION.  After selecting | 
      
        |  | the highest-ranked design-build firm under Section 2269.361 | 
      
        |  | [ 2267.361], the governmental entity shall first attempt to | 
      
        |  | negotiate a contract with the selected firm.  If the governmental | 
      
        |  | entity is unable to negotiate a satisfactory contract with the | 
      
        |  | selected firm, the entity shall, formally and in writing, end all | 
      
        |  | negotiations with that firm and proceed to negotiate with the next | 
      
        |  | firm in the order of the selection ranking until a contract is | 
      
        |  | reached or negotiations with all ranked firms end. | 
      
        |  | (18)  Subsection (c), Section 2269.364, Government | 
      
        |  | Code, as redesignated from Subsection (c), Section 2267.364, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (c)  The governmental entity may offer an unsuccessful | 
      
        |  | design-build firm that submits a response to the entity's request | 
      
        |  | for additional information under Section 2269.361 [ 2267.361] a | 
      
        |  | stipend for preliminary engineering costs associated with the | 
      
        |  | development of the proposal.  The stipend must be one-half of one | 
      
        |  | percent of the contract amount and must be specified in the initial | 
      
        |  | request for proposals.  If the offer is accepted and paid, the | 
      
        |  | governmental entity may make use of any work product contained in | 
      
        |  | the proposal, including the techniques, methods, processes, and | 
      
        |  | information contained in the proposal.  The use by the governmental | 
      
        |  | entity of any design element contained in an unsuccessful proposal | 
      
        |  | is at the sole risk and discretion of the entity and does not confer | 
      
        |  | liability on the recipient of the stipend under this subsection. | 
      
        |  | (19)  Subsection (c), Section 2269.367, Government | 
      
        |  | Code, as redesignated from Subsection (c), Section 2267.367, | 
      
        |  | Government Code, by Section 22.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (c)  If the governmental entity awards a design-build | 
      
        |  | contract under Section 2269.362 [ 2267.362], the design-build firm | 
      
        |  | shall deliver the bonds not later than the 10th day after the date | 
      
        |  | the design-build firm executes the contract unless the design-build | 
      
        |  | firm furnishes a bid bond or other financial security acceptable to | 
      
        |  | the governmental entity to ensure that the design-build firm will | 
      
        |  | furnish the required performance and payment bonds before the | 
      
        |  | commencement of construction. | 
      
        |  | (20)  Subsection (a), Section 252.021, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (a)  Before a municipality may enter into a contract that | 
      
        |  | requires an expenditure of more than $50,000 from one or more | 
      
        |  | municipal funds, the municipality must: | 
      
        |  | (1)  comply with the procedure prescribed by this | 
      
        |  | subchapter and Subchapter C for competitive sealed bidding or | 
      
        |  | competitive sealed proposals; | 
      
        |  | (2)  use the reverse auction procedure, as defined by | 
      
        |  | Section 2155.062(d), Government Code, for purchasing; or | 
      
        |  | (3)  comply with a method described by Chapter 2269 | 
      
        |  | [ 2267], Government Code. | 
      
        |  | (21)  Subsection (d), Section 252.022, Local | 
      
        |  | Government Code, is amended to read as follows: | 
      
        |  | (d)  This chapter does not apply to an expenditure described | 
      
        |  | by Section 252.021(a) if the governing body of a municipality | 
      
        |  | determines that a method described by Chapter 2269  [ 2267], | 
      
        |  | Government Code, provides a better value for the municipality with | 
      
        |  | respect to that expenditure than the procedures described in this | 
      
        |  | chapter and the municipality adopts and uses a method described in | 
      
        |  | that chapter [ subchapter] with respect to that expenditure. | 
      
        |  | (22)  Subsections (d-1) and (e), Section 252.043, Local | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (d-1)  A contract for construction of a project described by | 
      
        |  | Subsection (d) that requires an expenditure of $1.5 million or less | 
      
        |  | may be awarded using the competitive sealed proposal procedure | 
      
        |  | prescribed by Subchapter D, Chapter 2269 [ 2267], Government Code. | 
      
        |  | (e)  If the competitive sealed bidding requirement applies | 
      
        |  | to the contract for construction of a facility, as that term is | 
      
        |  | defined by Section 2269.001 [ 2267.001], Government Code, the | 
      
        |  | contract must be awarded to the lowest responsible bidder or | 
      
        |  | awarded under the method described by Chapter 2269 [ 2267], | 
      
        |  | Government Code. | 
      
        |  | (23)  Subsections (a) and (b-1), Section 262.023, Local | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (a)  Before a county may purchase one or more items under a | 
      
        |  | contract that will require an expenditure exceeding $50,000, the | 
      
        |  | commissioners court of the county must: | 
      
        |  | (1)  comply with the competitive bidding or competitive | 
      
        |  | proposal procedures prescribed by this subchapter; | 
      
        |  | (2)  use the reverse auction procedure, as defined by | 
      
        |  | Section 2155.062(d), Government Code, for purchasing; or | 
      
        |  | (3)  comply with a method described by Chapter 2269 | 
      
        |  | [ 2267], Government Code. | 
      
        |  | (b-1)  A county that complies with a method described by | 
      
        |  | Chapter 2269 [ 2267], Government Code, as provided by Subsection | 
      
        |  | (a)(3), to enter into a contract for which payment will be made | 
      
        |  | through anticipation notes authorized by Chapter 1431, Government | 
      
        |  | Code, may not issue anticipation notes for the payment of that | 
      
        |  | contract in an amount that exceeds the lesser of: | 
      
        |  | (1)  20 percent of the county's budget for the fiscal | 
      
        |  | year in which the county enters into the contract; or | 
      
        |  | (2)  $10 million. | 
      
        |  | (24)  Section 271.054, Local Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 271.054.  COMPETITIVE PROCUREMENT REQUIREMENT.  Before | 
      
        |  | the governing body of an issuer may enter into a contract requiring | 
      
        |  | an expenditure by or imposing an obligation or liability on the | 
      
        |  | issuer, or on a subdivision of the issuer if the issuer is a county, | 
      
        |  | of more than $50,000, the governing body must: | 
      
        |  | (1)  submit the proposed contract to competitive | 
      
        |  | procurement; or | 
      
        |  | (2)  use an alternate method of project delivery | 
      
        |  | authorized by Chapter 2269 [ 2267], Government Code. | 
      
        |  | (25)  Section 302.007, Local Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 302.007.  EXEMPTION FROM OTHER CONTRACTING LAW. | 
      
        |  | Chapter 2269 [ 2267], Government Code, does not apply to this | 
      
        |  | chapter. | 
      
        |  | (26)  Section 335.077, Local Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 335.077.  EXEMPTION FROM CONSTRUCTION CONTRACTING LAW. | 
      
        |  | Chapter 2269 [ 2267], Government Code, does not apply to this | 
      
        |  | chapter. | 
      
        |  | (27)  Subsection (a-4), Section 1956.040, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a-4)  A municipality or county may retain 10 percent of the | 
      
        |  | money collected from a fine for a conviction of an offense under | 
      
        |  | Subsection (a-1) as a service fee for that collection and the clerk | 
      
        |  | of the court shall remit the remainder of the fine collected for | 
      
        |  | conviction of an offense under Subsection (a-1) to the comptroller | 
      
        |  | in the manner provided for the remission of fees to the comptroller | 
      
        |  | under Subchapter B, Chapter 133, Local Government Code.  The | 
      
        |  | comptroller shall deposit proceeds received under this subsection | 
      
        |  | to the credit of an account in the general revenue fund, and those | 
      
        |  | proceeds may be appropriated only to the department and used to: | 
      
        |  | (1)  finance the department's administration of | 
      
        |  | Subchapters A, A-1, A-2, and A-3; and | 
      
        |  | (2)  fund grants distributed under the prevention of | 
      
        |  | scrap metal theft grant program established under Subchapter O [ N], | 
      
        |  | Chapter 411, Government Code. | 
      
        |  | (28)  Subsection (b), Section 24.004, Property Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A justice court does not have jurisdiction in a forcible | 
      
        |  | entry and detainer or forcible detainer suit and shall dismiss the | 
      
        |  | suit if the defendant files a sworn statement alleging the suit is | 
      
        |  | based on a deed executed in violation of Chapter 21A [ 21], Business & | 
      
        |  | Commerce Code. | 
      
        |  | (29)  Section 65.002, Property Code, as redesignated | 
      
        |  | from Section 64.002, Property Code, by Section 22.001 of this Act, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 65.002 [ 64.002].  CONDITIONS FOR AUTHORITY TO ACT AS | 
      
        |  | AGENT FOR CO-OWNER.  A co-owner of residential property may act in | 
      
        |  | the name of and on behalf of another co-owner, whether known or | 
      
        |  | unknown, as the co-owner's statutory agent and attorney-in-fact for | 
      
        |  | the purposes described by Section 65.004 [ 64.004] if: | 
      
        |  | (1)  the co-owner has occupied the property for more | 
      
        |  | than five years; | 
      
        |  | (2)  the co-owner has a residence homestead exemption | 
      
        |  | for the property under Section 11.13, Tax Code; | 
      
        |  | (3)  for the five years preceding the date the | 
      
        |  | documents required by Section 65.003 [ 64.003] are filed, the | 
      
        |  | occupying co-owner has paid all assessed ad valorem taxes without | 
      
        |  | delinquency and without contribution from the other co-owner; and | 
      
        |  | (4)  the occupying co-owner files the documents | 
      
        |  | required by Section 65.003 [ 64.003]. | 
      
        |  | (30)  Section 65.003, Property Code, as redesignated | 
      
        |  | from Section 64.003, Property Code, by Section 22.001 of this Act, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 65.003 [ 64.003].  REQUIRED DOCUMENTATION.  The | 
      
        |  | occupying co-owner may establish the authority to act as an agent | 
      
        |  | and attorney-in-fact for another co-owner by filing in the office | 
      
        |  | of the county clerk of the county in which the real property is | 
      
        |  | located: | 
      
        |  | (1)  an affidavit of the occupying co-owner affirming | 
      
        |  | the facts described by Sections 65.002(1)-(3) [ 64.002(1)-(3)]; | 
      
        |  | (2)  the affidavits of two additional affiants | 
      
        |  | personally familiar with the co-owner's occupancy of the real | 
      
        |  | property corroborating the occupancy during the preceding five | 
      
        |  | years; and | 
      
        |  | (3)  a certificate of the tax assessor-collector for | 
      
        |  | the county in which the real property is located affirming that the | 
      
        |  | co-owner has paid all taxes assessed against the real property for | 
      
        |  | the preceding five years without delinquency. | 
      
        |  | (31)  Section 1002.110, Special District Local Laws | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 1002.110.  PUBLIC WORKS CONTRACTS.  With respect to the | 
      
        |  | construction of public works, the district has all of the powers and | 
      
        |  | duties conferred on a municipality under Chapter 2269 [ 2267], | 
      
        |  | Government Code, with respect to the construction of a | 
      
        |  | facility.  To the extent of any conflict, this section prevails | 
      
        |  | over any other law relating to the construction of public works | 
      
        |  | engaged in by the district. | 
      
        |  | (32)  Subsection (b), Section 1024.105, Special | 
      
        |  | District Local Laws Code, is amended to read as follows: | 
      
        |  | (b)  The board may act as a governmental entity under Chapter | 
      
        |  | 2269 [ 2267], Government Code, for purposes of using the procurement | 
      
        |  | procedures authorized by that chapter.  For purposes of this | 
      
        |  | subsection, notice under Section 2269.052(c) [ 2267.052(c)], | 
      
        |  | Government Code, must be provided by the district in the same manner | 
      
        |  | as provided for a conservation and reclamation district created | 
      
        |  | under Section 59, Article XVI, Texas Constitution. | 
      
        |  | (33)  Subsection (d-1), Section 366.185, | 
      
        |  | Transportation Code, is amended to read as follows: | 
      
        |  | (d-1)  The rules adopted under Subsection (d) may not | 
      
        |  | materially conflict with the design-build procedures provided by | 
      
        |  | Subchapter H, Chapter 2269 [ 2267], Government Code, and shall | 
      
        |  | provide materially similar injunctive and declaratory action | 
      
        |  | enforcement rights regarding the improper disclosure or use of | 
      
        |  | unique or nonordinary information as provided in that subchapter. | 
      
        |  | (34)  Section 451.8025, Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 451.8025.  EXEMPTION FROM OTHER CONTRACTING LAW. | 
      
        |  | Chapter 2269 [ 2267], Government Code, does not apply to this | 
      
        |  | subchapter. | 
      
        |  | (35)  Section 452.1095, Transportation Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 452.1095.  EXEMPTION FROM OTHER CONTRACTING LAW FOR | 
      
        |  | CERTAIN AUTHORITIES.  (a)  Chapter 2269 [ 2267], Government Code, | 
      
        |  | does not apply to an authority consisting of one subregion governed | 
      
        |  | by a subregional board created under Subchapter O. | 
      
        |  | (b)  An authority to which this section applies may adopt | 
      
        |  | design-build procedures that do not materially conflict with | 
      
        |  | Subchapter H, Chapter 2269 [ 2267], Government Code. | 
      
        |  | (36)  Subsections (c) and (d), Section 460.406, | 
      
        |  | Transportation Code, are amended to read as follows: | 
      
        |  | (c)  The board of directors may authorize the negotiation of | 
      
        |  | a contract without competitive sealed bids or proposals if: | 
      
        |  | (1)  the aggregate amount involved in the contract is | 
      
        |  | $50,000 or less; | 
      
        |  | (2)  the contract is for construction for which not | 
      
        |  | more than one bid or proposal is received; | 
      
        |  | (3)  the contract is for services or property for which | 
      
        |  | there is only one source or for which it is otherwise impracticable | 
      
        |  | to obtain competition; | 
      
        |  | (4)  the contract is to respond to an emergency for | 
      
        |  | which the public exigency does not permit the delay incident to the | 
      
        |  | competitive process; | 
      
        |  | (5)  the contract is for personal or professional | 
      
        |  | services or services for which competitive bidding is precluded by | 
      
        |  | law; | 
      
        |  | (6)  the contract, without regard to form and which may | 
      
        |  | include bonds, notes, loan agreements, or other obligations, is for | 
      
        |  | the purpose of borrowing money or is a part of a transaction | 
      
        |  | relating to the borrowing of money, including: | 
      
        |  | (A)  a credit support agreement, such as a line or | 
      
        |  | letter of credit or other debt guaranty; | 
      
        |  | (B)  a bond, note, debt sale or purchase, trustee, | 
      
        |  | paying agent, remarketing agent, indexing agent, or similar | 
      
        |  | agreement; | 
      
        |  | (C)  an agreement with a securities dealer, | 
      
        |  | broker, or underwriter; and | 
      
        |  | (D)  any other contract or agreement considered by | 
      
        |  | the board of directors to be appropriate or necessary in support of | 
      
        |  | the authority's financing activities; | 
      
        |  | (7)  the contract is for work that is performed and paid | 
      
        |  | for by the day as the work progresses; | 
      
        |  | (8)  the contract is for the purchase of land or a | 
      
        |  | right-of-way; | 
      
        |  | (9)  the contract is for the purchase of personal | 
      
        |  | property sold: | 
      
        |  | (A)  at an auction by a state licensed auctioneer; | 
      
        |  | (B)  at a going out of business sale held in | 
      
        |  | compliance with Subchapter F, Chapter 17, Business & Commerce Code; | 
      
        |  | or | 
      
        |  | (C)  by a political subdivision of this state, a | 
      
        |  | state agency, or an entity of the federal government; | 
      
        |  | (10)  the contract is for services performed by blind | 
      
        |  | or severely disabled persons; | 
      
        |  | (11)  the contract is for the purchase of electricity; | 
      
        |  | or | 
      
        |  | (12)  the contract is one awarded for alternate project | 
      
        |  | delivery under Subchapters E, F, and G, Chapter 2269 [ 2267], | 
      
        |  | Government Code. | 
      
        |  | (d)  For the purposes of entering into a contract authorized | 
      
        |  | by Subsection (c)(12), an authority is considered a "governmental | 
      
        |  | entity" as described by Section 2269.002 [ 2267.002], Government | 
      
        |  | Code. | 
      
        |  | (37)  Subsection (d), Section 60.401, Water Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  Chapter 2269 [ 2267], Government Code, does not apply to | 
      
        |  | this subchapter. | 
      
        |  | (38)  Subsection (c), Section 60.452, Water Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  Chapter 2269 [ 2267], Government Code, does not apply to | 
      
        |  | this  subchapter. | 
      
        |  | ARTICLE 23.  EFFECTIVE DATE | 
      
        |  | SECTION 23.001.  Except as otherwise provided by this Act, | 
      
        |  | this Act takes effect September 1, 2013. | 
      
        |  |  | 
      
        |  | COMMITTEE AMENDMENT NO. | 1 | 
      
        |  | Amend S.B. No. 1093 (senate engrossment) by striking SECTION | 
      
        |  | 20.019 (page 189, lines 3-10) and renumbering subsequent sections | 
      
        |  | of the bill accordingly. | 
      
        |  | 83R21124 PEP-DHarper-Brown | 
      
        |  |  |