|  | 
      
        |  | A BILL TO BE ENTITLED | 
      
        |  | AN ACT | 
      
        |  | relating to nonsubstantive additions to, revisions of, 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 84th 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 84th | 
      
        |  | Legislature to other Acts of that legislature that amended the laws | 
      
        |  | codified or added new law to subject matter codified; | 
      
        |  | (3)  revising without substantive change provisions in | 
      
        |  | enacted codes; | 
      
        |  | (4)  making necessary corrections to enacted codes; and | 
      
        |  | (5)  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 85th Legislature, Regular Session, 2017.  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 85th Legislature, Regular Session, 2017, the statute | 
      
        |  | controls. | 
      
        |  | SECTION 1.003.  (a)  A transition or saving provision of a | 
      
        |  | law codified by this Act applies to the codified law to the same | 
      
        |  | extent as it applied to the original law. | 
      
        |  | (b)  The repeal of a transition or saving provision by this | 
      
        |  | Act does not affect the application of the provision to the codified | 
      
        |  | law. | 
      
        |  | (c)  In this section, "transition provision" includes any | 
      
        |  | temporary provision providing for a special situation in the | 
      
        |  | transition period between the existing law and the establishment or | 
      
        |  | implementation of the new law. | 
      
        |  | SECTION 1.004.  (a)  The repeal of a law, including a | 
      
        |  | validating law, by this Act does not remove, void, or otherwise | 
      
        |  | affect in any manner a validation under the repealed law.  The | 
      
        |  | validation is preserved and continues to have the same effect that | 
      
        |  | it would have if the law were not repealed. | 
      
        |  | (b)  Subsection (a) of this section does not diminish the | 
      
        |  | saving provisions prescribed by Section 311.031, Government Code. | 
      
        |  | ARTICLE 2.  CHANGES RELATING TO AGRICULTURE CODE | 
      
        |  | SECTION 2.001.  The heading to Chapter 47, Agriculture Code, | 
      
        |  | is amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of | 
      
        |  | the 83rd Legislature, Regular Session, 2013, to read as follows: | 
      
        |  | CHAPTER 47.  TEXAS [ OYSTER AND] SHRIMP MARKETING ASSISTANCE PROGRAM | 
      
        |  | SECTION 2.002.  The heading to Subchapter B, Chapter 47, | 
      
        |  | Agriculture Code, is repealed to conform to Section 2, Chapter 965 | 
      
        |  | (H.B. 1903), Acts of the 83rd Legislature, Regular Session, 2013. | 
      
        |  | SECTION 2.003.  Section 47.051, Agriculture Code, is amended | 
      
        |  | to conform to Section 2, Chapter 965 (H.B. 1903), Acts of the 83rd | 
      
        |  | Legislature, Regular Session, 2013, to read as follows: | 
      
        |  | Sec. 47.051.  DEFINITIONS.  In this chapter [ subchapter]: | 
      
        |  | (1)  "Advisory committee" means the shrimp advisory | 
      
        |  | committee. | 
      
        |  | (2)  "Coastal waters" means all the salt water of the | 
      
        |  | state, including the portion of the Gulf of Mexico that is within | 
      
        |  | the jurisdiction of the state. | 
      
        |  | (3)  "Program" means the Texas shrimp marketing | 
      
        |  | assistance program. | 
      
        |  | (4)  "Shrimp marketing account" means the account in | 
      
        |  | the general revenue fund established under Section 77.002(b), Parks | 
      
        |  | and Wildlife Code. | 
      
        |  | (5)  "Texas-produced shrimp" means wild-caught shrimp | 
      
        |  | commercially harvested from coastal waters by a shrimp boat | 
      
        |  | licensed by the Parks and Wildlife Department. | 
      
        |  | SECTION 2.004.  Section 47.053(a), Agriculture Code, is | 
      
        |  | amended to conform to Section 2, Chapter 965 (H.B. 1903), Acts of | 
      
        |  | the 83rd Legislature, Regular Session, 2013, to read as follows: | 
      
        |  | (a)  The commissioner shall appoint a shrimp advisory | 
      
        |  | committee to assist the commissioner in implementing the program | 
      
        |  | established under this chapter [ subchapter] and in the expenditure | 
      
        |  | of funds appropriated for the purpose of this chapter [ subchapter]. | 
      
        |  | SECTION 2.005.  Section 50D.021(e), Agriculture Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (e)  Subject to Section 50D.026, the research committee is | 
      
        |  | subject to Chapters 551 and 2001, Government Code. | 
      
        |  | ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE | 
      
        |  | SECTION 3.001.  Section 17.46(b), Business & Commerce Code, | 
      
        |  | as amended by Chapters 1023 (H.B. 1265) and 1080 (H.B. 2573), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Except as provided in Subsection (d) of this section, | 
      
        |  | the term "false, misleading, or deceptive acts or practices" | 
      
        |  | includes, but is not limited to, the following acts: | 
      
        |  | (1)  passing off goods or services as those of another; | 
      
        |  | (2)  causing confusion or misunderstanding as to the | 
      
        |  | source, sponsorship, approval, or certification of goods or | 
      
        |  | services; | 
      
        |  | (3)  causing confusion or misunderstanding as to | 
      
        |  | affiliation, connection, or association with, or certification by, | 
      
        |  | another; | 
      
        |  | (4)  using deceptive representations or designations | 
      
        |  | of geographic origin in connection with goods or services; | 
      
        |  | (5)  representing that goods or services have | 
      
        |  | sponsorship, approval, characteristics, ingredients, uses, | 
      
        |  | benefits, or quantities which they do not have or that a person has | 
      
        |  | a sponsorship, approval, status, affiliation, or connection which | 
      
        |  | the person does not; | 
      
        |  | (6)  representing that goods are original or new if | 
      
        |  | they are deteriorated, reconditioned, reclaimed, used, or | 
      
        |  | secondhand; | 
      
        |  | (7)  representing that goods or services are of a | 
      
        |  | particular standard, quality, or grade, or that goods are of a | 
      
        |  | particular style or model, if they are of another; | 
      
        |  | (8)  disparaging the goods, services, or business of | 
      
        |  | another by false or misleading representation of facts; | 
      
        |  | (9)  advertising goods or services with intent not to | 
      
        |  | sell them as advertised; | 
      
        |  | (10)  advertising goods or services with intent not to | 
      
        |  | supply a reasonable expectable public demand, unless the | 
      
        |  | advertisements disclosed a limitation of quantity; | 
      
        |  | (11)  making false or misleading statements of fact | 
      
        |  | concerning the reasons for, existence of, or amount of price | 
      
        |  | reductions; | 
      
        |  | (12)  representing that an agreement confers or | 
      
        |  | involves rights, remedies, or obligations which it does not have or | 
      
        |  | involve, or which are prohibited by law; | 
      
        |  | (13)  knowingly making false or misleading statements | 
      
        |  | of fact concerning the need for parts, replacement, or repair | 
      
        |  | service; | 
      
        |  | (14)  misrepresenting the authority of a salesman, | 
      
        |  | representative or agent to negotiate the final terms of a consumer | 
      
        |  | transaction; | 
      
        |  | (15)  basing a charge for the repair of any item in | 
      
        |  | whole or in part on a guaranty or warranty instead of on the value of | 
      
        |  | the actual repairs made or work to be performed on the item without | 
      
        |  | stating separately the charges for the work and the charge for the | 
      
        |  | warranty or guaranty, if any; | 
      
        |  | (16)  disconnecting, turning back, or resetting the | 
      
        |  | odometer of any motor vehicle so as to reduce the number of miles | 
      
        |  | indicated on the odometer gauge; | 
      
        |  | (17)  advertising of any sale by fraudulently | 
      
        |  | representing that a person is going out of business; | 
      
        |  | (18)  advertising, selling, or distributing a card | 
      
        |  | which purports to be a prescription drug identification card issued | 
      
        |  | under Section 4151.152, Insurance Code, in accordance with rules | 
      
        |  | adopted by the commissioner of insurance, which offers a discount | 
      
        |  | on the purchase of health care goods or services from a third party | 
      
        |  | provider, and which is not evidence of insurance coverage, unless: | 
      
        |  | (A)  the discount is authorized under an agreement | 
      
        |  | between the seller of the card and the provider of those goods and | 
      
        |  | services or the discount or card is offered to members of the | 
      
        |  | seller; | 
      
        |  | (B)  the seller does not represent that the card | 
      
        |  | provides insurance coverage of any kind; and | 
      
        |  | (C)  the discount is not false, misleading, or | 
      
        |  | deceptive; | 
      
        |  | (19)  using or employing a chain referral sales plan in | 
      
        |  | connection with the sale or offer to sell of goods, merchandise, or | 
      
        |  | anything of value, which uses the sales technique, plan, | 
      
        |  | arrangement, or agreement in which the buyer or prospective buyer | 
      
        |  | is offered the opportunity to purchase merchandise or goods and in | 
      
        |  | connection with the purchase receives the seller's promise or | 
      
        |  | representation that the buyer shall have the right to receive | 
      
        |  | compensation or consideration in any form for furnishing to the | 
      
        |  | seller the names of other prospective buyers if receipt of the | 
      
        |  | compensation or consideration is contingent upon the occurrence of | 
      
        |  | an event subsequent to the time the buyer purchases the merchandise | 
      
        |  | or goods; | 
      
        |  | (20)  representing that a guaranty or warranty confers | 
      
        |  | or involves rights or remedies which it does not have or involve, | 
      
        |  | provided, however, that nothing in this subchapter shall be | 
      
        |  | construed to expand the implied warranty of merchantability as | 
      
        |  | defined in Sections 2.314 through 2.318 and Sections 2A.212 through | 
      
        |  | 2A.216 to involve obligations in excess of those which are | 
      
        |  | appropriate to the goods; | 
      
        |  | (21)  promoting a pyramid promotional scheme, as | 
      
        |  | defined by Section 17.461; | 
      
        |  | (22)  representing that work or services have been | 
      
        |  | performed on, or parts replaced in, goods when the work or services | 
      
        |  | were not performed or the parts replaced; | 
      
        |  | (23)  filing suit founded upon a written contractual | 
      
        |  | obligation of and signed by the defendant to pay money arising out | 
      
        |  | of or based on a consumer transaction for goods, services, loans, or | 
      
        |  | extensions of credit intended primarily for personal, family, | 
      
        |  | household, or agricultural use in any county other than in the | 
      
        |  | county in which the defendant resides at the time of the | 
      
        |  | commencement of the action or in the county in which the defendant | 
      
        |  | in fact signed the contract; provided, however, that a violation of | 
      
        |  | this subsection shall not occur where it is shown by the person | 
      
        |  | filing such suit that the person neither knew or had reason to know | 
      
        |  | that the county in which such suit was filed was neither the county | 
      
        |  | in which the defendant resides at the commencement of the suit nor | 
      
        |  | the county in which the defendant in fact signed the contract; | 
      
        |  | (24)  failing to disclose information concerning goods | 
      
        |  | or services which was known at the time of the transaction if such | 
      
        |  | failure to disclose such information was intended to induce the | 
      
        |  | consumer into a transaction into which the consumer would not have | 
      
        |  | entered had the information been disclosed; | 
      
        |  | (25)  using the term "corporation," "incorporated," or | 
      
        |  | an abbreviation of either of those terms in the name of a business | 
      
        |  | entity that is not incorporated under the laws of this state or | 
      
        |  | another jurisdiction; | 
      
        |  | (26)  selling, offering to sell, or illegally promoting | 
      
        |  | an annuity contract under Chapter 22, Acts of the 57th Legislature, | 
      
        |  | 3rd Called Session, 1962 (Article 6228a-5, Vernon's Texas Civil | 
      
        |  | Statutes), with the intent that the annuity contract will be the | 
      
        |  | subject of a salary reduction agreement, as defined by that Act, if | 
      
        |  | the annuity contract is not an eligible qualified investment under | 
      
        |  | that Act or is not registered with the Teacher Retirement System of | 
      
        |  | Texas as required by Section 8A of that Act; | 
      
        |  | (27)  taking advantage of a disaster declared by the | 
      
        |  | governor under Chapter 418, Government Code, by: | 
      
        |  | (A)  selling or leasing fuel, food, medicine, or | 
      
        |  | another necessity at an exorbitant or excessive price; or | 
      
        |  | (B)  demanding an exorbitant or excessive price in | 
      
        |  | connection with the sale or lease of fuel, food, medicine, or | 
      
        |  | another necessity; | 
      
        |  | (28)  using the translation into a foreign language of | 
      
        |  | a title or other word, including "attorney," "lawyer," "licensed," | 
      
        |  | "notary," and "notary public," in any written or electronic | 
      
        |  | material, including an advertisement, a business card, a | 
      
        |  | letterhead, stationery, a website, or an online video, in reference | 
      
        |  | to a person who is not an attorney in order to imply that the person | 
      
        |  | is authorized to practice law in the United States; | 
      
        |  | (29) [ (28)]  delivering or distributing a solicitation | 
      
        |  | in connection with a good or service that: | 
      
        |  | (A)  represents that the solicitation is sent on | 
      
        |  | behalf of a governmental entity when it is not; or | 
      
        |  | (B)  resembles a governmental notice or form that | 
      
        |  | represents or implies that a criminal penalty may be imposed if the | 
      
        |  | recipient does not remit payment for the good or service; | 
      
        |  | (30) [ (29)]  delivering or distributing a solicitation | 
      
        |  | in connection with a good or service that resembles a check or other | 
      
        |  | negotiable instrument or invoice, unless the portion of the | 
      
        |  | solicitation that resembles a check or other negotiable instrument | 
      
        |  | or invoice includes the following notice, clearly and conspicuously | 
      
        |  | printed in at least 18-point type: | 
      
        |  | "SPECIMEN-NON-NEGOTIABLE"; | 
      
        |  | (31) [ (30)]  in the production, sale, distribution, or | 
      
        |  | promotion of a synthetic substance that produces and is intended to | 
      
        |  | produce an effect when consumed or ingested similar to, or in excess | 
      
        |  | of, the effect of a controlled substance or controlled substance | 
      
        |  | analogue, as those terms are defined by Section 481.002, Health and | 
      
        |  | Safety Code: | 
      
        |  | (A)  making a deceptive representation or | 
      
        |  | designation about the synthetic substance; or | 
      
        |  | (B)  causing confusion or misunderstanding as to | 
      
        |  | the effects the synthetic substance causes when consumed or | 
      
        |  | ingested; or | 
      
        |  | (32) [ (31)]  a licensed public insurance adjuster | 
      
        |  | directly or indirectly soliciting employment, as defined by Section | 
      
        |  | 38.01, Penal Code, for an attorney, or a licensed public insurance | 
      
        |  | adjuster entering into a contract with an insured for the primary | 
      
        |  | purpose of referring the insured to an attorney without the intent | 
      
        |  | to actually perform the services customarily provided by a licensed | 
      
        |  | public insurance adjuster, provided that this subdivision may not | 
      
        |  | be construed to prohibit a licensed public insurance adjuster from | 
      
        |  | recommending a particular attorney to an insured. | 
      
        |  | ARTICLE 4.  CHANGES RELATING TO CIVIL PRACTICE AND REMEDIES CODE | 
      
        |  | SECTION 4.001.  Section 91A.001, Civil Practice and Remedies | 
      
        |  | Code, is amended to conform to changes made by Chapter 838 (S.B. | 
      
        |  | 202), Acts of the 84th Legislature, Regular Session, 2015, to read | 
      
        |  | as follows: | 
      
        |  | Sec. 91A.001.  DEFINITIONS.  In this chapter: | 
      
        |  | (1)  "Audiologist" means an individual licensed to | 
      
        |  | practice audiology by the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Examiners of Speech-Language Pathology  | 
      
        |  | and Audiology]. | 
      
        |  | (2)  "Speech-language pathologist" means an individual | 
      
        |  | licensed to practice speech-language pathology by the Texas | 
      
        |  | Department of Licensing and Regulation [ State Board of Examiners  | 
      
        |  | for Speech-Language Pathology and Audiology]. | 
      
        |  | ARTICLE 5.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
        |  | SECTION 5.001.  Articles 17.033(c) and (d), Code of Criminal | 
      
        |  | Procedure, are amended to correct a reference to read as follows: | 
      
        |  | (c)  On the filing of an application by the attorney | 
      
        |  | representing the state, a magistrate may postpone the release of a | 
      
        |  | person under Subsection (a)[ , (a-1),] or (b) for not more than 72 | 
      
        |  | hours after the person's arrest. An application filed under this | 
      
        |  | subsection must state the reason a magistrate has not determined | 
      
        |  | whether probable cause exists to believe that the person committed | 
      
        |  | the offense for which the person was arrested. | 
      
        |  | (d)  The time limits imposed by Subsections (a)[ , (a-1),] and | 
      
        |  | (b) do not apply to a person arrested without a warrant who is taken | 
      
        |  | to a hospital, clinic, or other medical facility before being taken | 
      
        |  | before a magistrate under Article 15.17. For a person described by | 
      
        |  | this subsection, the time limits imposed by Subsections (a)[ ,  | 
      
        |  | (a-1),] and (b) begin to run at the time, as documented in the | 
      
        |  | records of the hospital, clinic, or other medical facility, that a | 
      
        |  | physician or other medical professional releases the person from | 
      
        |  | the hospital, clinic, or other medical facility. | 
      
        |  | SECTION 5.002.  Article 45.0216(f), Code of Criminal | 
      
        |  | Procedure, is amended to correct a reference to read as follows: | 
      
        |  | (f)  The court shall order the conviction, together with all | 
      
        |  | complaints, verdicts, sentences, and prosecutorial and law | 
      
        |  | enforcement records, and any other documents relating to the | 
      
        |  | offense, expunged from the person's record if the court finds that: | 
      
        |  | (1)  for a person applying for the expunction of a | 
      
        |  | conviction for an offense described by Section 8.07(a)(4) or (5), | 
      
        |  | Penal Code, the person was not convicted of any other offense | 
      
        |  | described by Section 8.07(a)(4) or (5), Penal Code, while the | 
      
        |  | person was a child; and | 
      
        |  | (2)  for a person applying for the expunction of a | 
      
        |  | conviction for an offense described by Section 43.261, Penal Code, | 
      
        |  | the person was not found to have engaged in conduct indicating a | 
      
        |  | need for supervision described by Section 51.03(b)(6) | 
      
        |  | [ 51.03(b)(7)], Family Code, while the person was a child. | 
      
        |  | SECTION 5.003.  Article 56.021(d), Code of Criminal | 
      
        |  | Procedure, as added by Chapter 1032 (H.B. 1447), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is repealed as duplicative of | 
      
        |  | Article 56.021(d), Code of Criminal Procedure, as added by Chapter | 
      
        |  | 1153 (S.B. 630), Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015. | 
      
        |  | ARTICLE 6.  CHANGES RELATING TO EDUCATION CODE | 
      
        |  | SECTION 6.001.  Section 25.007(b), Education Code, as | 
      
        |  | amended by Chapters 746 (H.B. 1804), 822 (H.B. 3748), and 1206 (S.B. | 
      
        |  | 1494), Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (b)  In recognition of the challenges faced by students who | 
      
        |  | are homeless or in substitute care, the agency shall assist the | 
      
        |  | transition of students who are homeless or in substitute care from | 
      
        |  | one school to another by: | 
      
        |  | (1)  ensuring that school records for a student who is | 
      
        |  | homeless or in substitute care are transferred to the student's new | 
      
        |  | school not later than the 10th working day after the date the | 
      
        |  | student begins enrollment at the school; | 
      
        |  | (2)  developing systems to ease transition of a student | 
      
        |  | who is homeless or in substitute care during the first two weeks of | 
      
        |  | enrollment at a new school; | 
      
        |  | (3)  developing procedures for awarding credit, | 
      
        |  | including partial credit if appropriate, for course work, including | 
      
        |  | electives, completed by a student who is homeless or in substitute | 
      
        |  | care while enrolled at another school; | 
      
        |  | (4)  promoting practices that facilitate access by a | 
      
        |  | student who is homeless or in substitute care to extracurricular | 
      
        |  | programs, summer programs, credit transfer services, electronic | 
      
        |  | courses provided under Chapter 30A, and after-school tutoring | 
      
        |  | programs at nominal or no cost; | 
      
        |  | (5)  establishing procedures to lessen the adverse | 
      
        |  | impact of the movement of a student who is homeless or in substitute | 
      
        |  | care to a new school; | 
      
        |  | (6)  entering into a memorandum of understanding with | 
      
        |  | the Department of Family and Protective Services regarding the | 
      
        |  | exchange of information as appropriate to facilitate the transition | 
      
        |  | of students in substitute care from one school to another; | 
      
        |  | (7)  encouraging school districts and open-enrollment | 
      
        |  | charter schools to provide services for a student who is homeless or | 
      
        |  | in substitute care in transition when applying for admission to | 
      
        |  | postsecondary study and when seeking sources of funding for | 
      
        |  | postsecondary study; | 
      
        |  | (8)  requiring school districts, campuses, and | 
      
        |  | open-enrollment charter schools to accept a referral for special | 
      
        |  | education services made for a student who is homeless or in | 
      
        |  | substitute care by a school previously attended by the student; | 
      
        |  | (9)  requiring school districts, campuses, and | 
      
        |  | open-enrollment charter schools to provide notice to the child's | 
      
        |  | educational decision-maker and caseworker regarding events that | 
      
        |  | may significantly impact the education of a child, including: | 
      
        |  | (A)  requests or referrals for an evaluation under | 
      
        |  | Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or | 
      
        |  | special education under Section 29.003; | 
      
        |  | (B)  admission, review, and dismissal committee | 
      
        |  | meetings; | 
      
        |  | (C)  manifestation determination reviews required | 
      
        |  | by Section 37.004(b); | 
      
        |  | (D)  any disciplinary actions under Chapter 37 for | 
      
        |  | which parental notice is required; | 
      
        |  | (E)  citations issued for Class C misdemeanor | 
      
        |  | offenses on school property or at school-sponsored activities; | 
      
        |  | (F)  reports of restraint and seclusion required | 
      
        |  | by Section 37.0021; and | 
      
        |  | (G)  use of corporal punishment as provided by | 
      
        |  | Section 37.0011; | 
      
        |  | (10)  developing procedures for allowing a student who | 
      
        |  | is homeless or in substitute care who was previously enrolled in a | 
      
        |  | course required for graduation the opportunity, to the extent | 
      
        |  | practicable, to complete the course, at no cost to the student, | 
      
        |  | before the beginning of the next school year; | 
      
        |  | (11)  ensuring that a student who is homeless or in | 
      
        |  | substitute care who is not likely to receive a high school diploma | 
      
        |  | before the fifth school year following the student's enrollment in | 
      
        |  | grade nine, as determined by the district, has the student's course | 
      
        |  | credit accrual and personal graduation plan reviewed; | 
      
        |  | (12)  ensuring that a student in substitute care who is | 
      
        |  | in grade 11 or 12 be provided information regarding tuition and fee | 
      
        |  | exemptions under Section 54.366 for dual-credit or other courses | 
      
        |  | provided by a public institution of higher education for which a | 
      
        |  | high school student may earn joint high school and college credit; | 
      
        |  | [ and] | 
      
        |  | (13)  designating at least one agency employee to act | 
      
        |  | as a liaison officer regarding educational issues related to | 
      
        |  | students in the conservatorship of the Department of Family and | 
      
        |  | Protective Services; and | 
      
        |  | (14) [ (13)]  providing other assistance as identified | 
      
        |  | by the agency. | 
      
        |  | SECTION 6.002.  Section 26.002, Education Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | Sec. 26.002.  DEFINITION.  In this chapter, "parent" | 
      
        |  | includes a person standing in parental relation.  The term does not | 
      
        |  | include a person as to whom the parent-child relationship has been | 
      
        |  | terminated or a person not entitled to possession of or access to a | 
      
        |  | child under a court order.  Except as provided by federal law, all | 
      
        |  | rights of a parent under Title 2 of this code and all educational | 
      
        |  | rights under Section 151.001(a)(10) [ 151.003(a)(10)], Family Code, | 
      
        |  | shall be exercised by a student who is 18 years of age or older or | 
      
        |  | whose disabilities of minority have been removed for general | 
      
        |  | purposes under Chapter 31, Family Code, unless the student has been | 
      
        |  | determined to be incompetent or the student's rights have been | 
      
        |  | otherwise restricted by a court order. | 
      
        |  | SECTION 6.003.  Section 38.158(b), Education Code, is | 
      
        |  | amended to conform to changes made by Chapter 838 (S.B. 202), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (b)  The Texas Department of Licensing and Regulation [ State  | 
      
        |  | Health Services Advisory Board of Athletic Trainers] shall approve | 
      
        |  | for athletic trainers training courses in the subject matter of | 
      
        |  | concussions and shall maintain an updated list of individuals and | 
      
        |  | organizations authorized by the board to provide the training. | 
      
        |  | SECTION 6.004.  Sections 61.806(c) and (d), Education Code, | 
      
        |  | as amended by Chapter 443 (S.B. 715), Acts of the 83rd Legislature, | 
      
        |  | Regular Session, 2013, are repealed to conform to the repeal of | 
      
        |  | Subchapter Q, Chapter 61, Education Code, by Chapter 1155 (S.B. | 
      
        |  | 215), Acts of the 83rd Legislature, Regular Session, 2013. | 
      
        |  | SECTION 6.005.  Section 61.833(a), Education Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  In this section:[ ,] | 
      
        |  | (1)  "Lower-division [ lower-division] institution of | 
      
        |  | higher education" means a public junior college, public state | 
      
        |  | college, or public technical institute.[ ; and] | 
      
        |  | (2)  "Reverse [ reverse] transfer data sharing | 
      
        |  | platform" means: | 
      
        |  | (A)  the National Student Clearinghouse; or | 
      
        |  | (B)  a similar national electronic data sharing | 
      
        |  | and exchange platform operated by an agent of the institution that | 
      
        |  | meets nationally accepted standards, conventions, and practices. | 
      
        |  | SECTION 6.006.  Section 130.008(g), Education Code, as added | 
      
        |  | by Chapter 1177 (S.B. 1004), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 130.008(g-1), Education | 
      
        |  | Code, and amended to conform to the repeal of Section 130.008(f), | 
      
        |  | Education Code, by Chapter 90 (H.B. 505), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (g-1) [ (g)]  A public junior college with a service area | 
      
        |  | located wholly or partly in a county with a population of more than | 
      
        |  | three million shall enter into an agreement with each school | 
      
        |  | district located wholly or partly in a county with a population of | 
      
        |  | more than three million to offer one or more courses as provided by | 
      
        |  | this section.  A student enrolled in a school district to which this | 
      
        |  | subsection applies may enroll in a course at any junior college that | 
      
        |  | has entered into an agreement with the district to offer the course | 
      
        |  | under this subsection.  [ Subsection (f) does not apply to a student  | 
      
        |  | who seeks to enroll in a course under this subsection.] | 
      
        |  | SECTION 6.007.  The heading to Chapter 143, Education Code, | 
      
        |  | is repealed to conform to the repeal and redesignation of the | 
      
        |  | provisions of that chapter by Chapter 1155 (S.B. 215), Acts of the | 
      
        |  | 83rd Legislature, Regular Session, 2013. | 
      
        |  | ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
        |  | SECTION 7.001.  Subtitle E, Title 2, Family Code, as added by | 
      
        |  | Chapters 612 (S.B. 822) and 1165 (S.B. 813), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | SUBTITLE E.  GENERAL PROVISIONS | 
      
        |  | CHAPTER 47.  GENERAL PROVISIONS | 
      
        |  | Sec. 47.001.  APPLICABILITY OF DEFINITIONS.  (a)  Except as | 
      
        |  | provided by Subsection (b), the definitions in Chapter 101 apply to | 
      
        |  | terms used in this title. | 
      
        |  | (b)  If a term defined in this title has a meaning different | 
      
        |  | from the meaning provided by Chapter 101, the meaning provided by | 
      
        |  | this title prevails. | 
      
        |  | Sec. 47.002.  APPLICABILITY OF LAWS RELATING TO ATTORNEYS AD | 
      
        |  | LITEM, GUARDIANS AD LITEM, AND AMICUS ATTORNEYS.  Chapter 107 | 
      
        |  | applies to the appointment of an attorney ad litem, guardian ad | 
      
        |  | litem, or amicus attorney under this title. | 
      
        |  | Sec. 47.003 [ 47.001].  USE OF DIGITIZED SIGNATURE.  (a)  A | 
      
        |  | digitized signature on an original petition or application under | 
      
        |  | this title or any other pleading or order in a proceeding under this | 
      
        |  | title satisfies the requirements for and imposes the duties of | 
      
        |  | signatories to pleadings, motions, and other papers identified | 
      
        |  | under Rule 13, Texas Rules of Civil Procedure. | 
      
        |  | (b)  A digitized signature under this section may be applied | 
      
        |  | only by, and must remain under the sole control of, the person whose | 
      
        |  | signature is represented. | 
      
        |  | [ (c)  In this section, "digitized signature" has the meaning  | 
      
        |  | assigned by Section 101.0096.] | 
      
        |  | SECTION 7.002.  Section 51.03(b), Family Code, as amended by | 
      
        |  | Chapters 935 (H.B. 2398), 944 (S.B. 206), and 1273 (S.B. 825), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Conduct indicating a need for supervision is: | 
      
        |  | (1)  subject to Subsection (f), conduct, other than a | 
      
        |  | traffic offense, that violates: | 
      
        |  | (A)  the penal laws of this state of the grade of | 
      
        |  | misdemeanor that are punishable by fine only; or | 
      
        |  | (B)  the penal ordinances of any political | 
      
        |  | subdivision of this state; | 
      
        |  | (2)  the voluntary absence of a child from the child's | 
      
        |  | home without the consent of the child's parent or guardian for a | 
      
        |  | substantial length of time or without intent to return; | 
      
        |  | (3)  conduct prohibited by city ordinance or by state | 
      
        |  | law involving the inhalation of the fumes or vapors of paint and | 
      
        |  | other protective coatings or glue and other adhesives and the | 
      
        |  | volatile chemicals itemized in Section 485.001, Health and Safety | 
      
        |  | Code; | 
      
        |  | (4)  an act that violates a school district's | 
      
        |  | previously communicated written standards of student conduct for | 
      
        |  | which the child has been expelled under Section 37.007(c), | 
      
        |  | Education Code; | 
      
        |  | (5) [ (6)]  notwithstanding Subsection (a)(1), conduct | 
      
        |  | described by Section 43.02(a) or (b), Penal Code; or | 
      
        |  | (6) [ (7)]  notwithstanding Subsection (a)(1), conduct | 
      
        |  | that violates Section 43.261, Penal Code. | 
      
        |  | SECTION 7.003.  Section 51.13(e), Family Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | (e)  A finding that a child engaged in conduct indicating a | 
      
        |  | need for supervision as described by Section 51.03(b)(6) | 
      
        |  | [ 51.03(b)(7)] is a conviction only for the purposes of Sections | 
      
        |  | 43.261(c) and (d), Penal Code. | 
      
        |  | SECTION 7.004.  Section 54.0404(a), Family Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | (a)  If a child is found to have engaged in conduct | 
      
        |  | indicating a need for supervision described by Section 51.03(b)(6) | 
      
        |  | [ 51.03(b)(7)], the juvenile court may enter an order requiring the | 
      
        |  | child to attend and successfully complete an educational program | 
      
        |  | described by Section 37.218, Education Code, or another equivalent | 
      
        |  | educational program. | 
      
        |  | SECTION 7.005.  Section 58.003(c-3), Family Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | (c-3)  Notwithstanding Subsections (a) and (c) and subject | 
      
        |  | to Subsection (b), a juvenile court, on the court's own motion and | 
      
        |  | without a hearing, shall order the sealing of records concerning a | 
      
        |  | child found to have engaged in conduct indicating a need for | 
      
        |  | supervision described by Section 51.03(b)(5) [ 51.03(b)(6)] or | 
      
        |  | taken into custody to determine whether the child engaged in | 
      
        |  | conduct indicating a need for supervision described by Section | 
      
        |  | 51.03(b)(5) [ 51.03(b)(6)].  This subsection applies only to records | 
      
        |  | related to conduct indicating a need for supervision described by | 
      
        |  | Section 51.03(b)(5) [ 51.03(b)(6)]. | 
      
        |  | SECTION 7.006.  Section 261.3023, Family Code, as amended by | 
      
        |  | Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 261.3023.  LAW ENFORCEMENT RESPONSE TO CHILD SAFETY | 
      
        |  | CHECK ALERT.  If a law enforcement officer encounters a child or | 
      
        |  | other person [ , including a child,] listed on the Texas Crime | 
      
        |  | Information Center's child safety check alert list, the law | 
      
        |  | enforcement officer shall follow the procedures described by | 
      
        |  | Article 2.272, Code of Criminal Procedure. | 
      
        |  | SECTION 7.007.  Section 261.3024(a), Family Code, as amended | 
      
        |  | by Chapters 1056 (H.B. 2053) and 1202 (S.B. 1406), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  A law enforcement officer who locates a child listed on | 
      
        |  | the Texas Crime Information Center's child safety check alert list | 
      
        |  | shall report that the child has been located in the manner | 
      
        |  | prescribed by Article 2.272, Code of Criminal Procedure. | 
      
        |  | SECTION 7.008.  Section 262.353(d), Family Code, as amended | 
      
        |  | by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is repealed to conform to the | 
      
        |  | repeal of Section 262.353, Family Code, by Chapter 432 (S.B. 1889), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | SECTION 7.009.  (a)  Section 263.306(a-1), Family Code, is | 
      
        |  | amended to conform to the amendment of Section 263.306(a), Family | 
      
        |  | Code, by Chapter 697 (H.B. 825), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, to read as follows: | 
      
        |  | (a-1)  At each permanency hearing before a final order is | 
      
        |  | rendered, the court shall: | 
      
        |  | (1)  identify all persons and parties present at the | 
      
        |  | hearing; | 
      
        |  | (2)  review the efforts of the department or other | 
      
        |  | agency in: | 
      
        |  | (A)  locating and requesting service of citation | 
      
        |  | on all persons entitled to service of citation under Section | 
      
        |  | 102.009; and | 
      
        |  | (B)  obtaining the assistance of a parent in | 
      
        |  | providing information necessary to locate an absent parent, alleged | 
      
        |  | father, or relative of the child; | 
      
        |  | (3)  ask all parties present whether the child or the | 
      
        |  | child's family has a Native American heritage and identify any | 
      
        |  | Native American tribe with which the child may be associated; | 
      
        |  | (4)  review the extent of the parties' compliance with | 
      
        |  | temporary orders and the service plan and the extent to which | 
      
        |  | progress has been made toward alleviating or mitigating the causes | 
      
        |  | necessitating the placement of the child in foster care; | 
      
        |  | (5) [ (4)]  review the permanency progress report to | 
      
        |  | determine: | 
      
        |  | (A)  the safety and well-being of the child and | 
      
        |  | whether the child's needs, including any medical or special needs, | 
      
        |  | are being adequately addressed; | 
      
        |  | (B)  the continuing necessity and appropriateness | 
      
        |  | of the placement of the child, including with respect to a child who | 
      
        |  | has been placed outside of this state, whether the placement | 
      
        |  | continues to be in the best interest of the child; | 
      
        |  | (C)  the appropriateness of the primary and | 
      
        |  | alternative permanency goals for the child developed in accordance | 
      
        |  | with department rule and whether the department has made reasonable | 
      
        |  | efforts to finalize the permanency plan, including the concurrent | 
      
        |  | permanency goals, in effect for the child; | 
      
        |  | (D)  whether the child has been provided the | 
      
        |  | opportunity, in a developmentally appropriate manner, to express | 
      
        |  | the child's opinion on any medical care provided; | 
      
        |  | (E)  for a child receiving psychotropic | 
      
        |  | medication, whether the child: | 
      
        |  | (i)  has been provided appropriate | 
      
        |  | nonpharmacological interventions, therapies, or strategies to meet | 
      
        |  | the child's needs; or | 
      
        |  | (ii)  has been seen by the prescribing | 
      
        |  | physician, physician assistant, or advanced practice nurse at least | 
      
        |  | once every 90 days; | 
      
        |  | (F)  whether an education decision-maker for the | 
      
        |  | child has been identified, the child's education needs and goals | 
      
        |  | have been identified and addressed, and there have been major | 
      
        |  | changes in the child's school performance or there have been | 
      
        |  | serious disciplinary events; | 
      
        |  | (G)  for a child 14 years of age or older, whether | 
      
        |  | services that are needed to assist the child in transitioning from | 
      
        |  | substitute care to independent living are available in the child's | 
      
        |  | community; and | 
      
        |  | (H)  for a child whose permanency goal is another | 
      
        |  | planned permanent living arrangement: | 
      
        |  | (i)  the desired permanency outcome for the | 
      
        |  | child, by asking the child; and | 
      
        |  | (ii)  whether, as of the date of the hearing, | 
      
        |  | another planned permanent living arrangement is the best permanency | 
      
        |  | plan for the child and, if so, provide compelling reasons why it | 
      
        |  | continues to not be in the best interest of the child to: | 
      
        |  | (a)  return home; | 
      
        |  | (b)  be placed for adoption; | 
      
        |  | (c)  be placed with a legal guardian; | 
      
        |  | or | 
      
        |  | (d)  be placed with a fit and willing | 
      
        |  | relative; | 
      
        |  | (6) [ (5)]  determine whether to return the child to the | 
      
        |  | child's parents if the child's parents are willing and able to | 
      
        |  | provide the child with a safe environment and the return of the | 
      
        |  | child is in the child's best interest; | 
      
        |  | (7) [ (6)]  estimate a likely date by which the child | 
      
        |  | may be returned to and safely maintained in the child's home, placed | 
      
        |  | for adoption, or placed in permanent managing conservatorship; and | 
      
        |  | (8) [ (7)]  announce in open court the dismissal date | 
      
        |  | and the date of any upcoming hearings. | 
      
        |  | (b)  Section 263.306(c), Family Code, is amended to conform | 
      
        |  | to the amendment of Section 263.306, Family Code, by Chapter 944 | 
      
        |  | (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015, to | 
      
        |  | read as follows: | 
      
        |  | (c)  In addition to the requirements of Subsection (a-1) | 
      
        |  | [ (a)], at each permanency hearing before a final order is rendered | 
      
        |  | the court shall review the department's efforts to ensure that the | 
      
        |  | child has regular, ongoing opportunities to engage in | 
      
        |  | age-appropriate normalcy activities, including activities not | 
      
        |  | listed in the child's service plan. | 
      
        |  | (c)  Section 263.306(a), Family Code, is repealed to conform | 
      
        |  | to the repeal of Section 263.306(a), Family Code, by Chapter 944 | 
      
        |  | (S.B. 206), Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | SECTION 7.010.  Section 264.017, Family Code, as added by | 
      
        |  | Chapter 713 (H.B. 1217), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is repealed as duplicative of Section 264.017, | 
      
        |  | Family Code, as added by Chapter 944 (S.B. 206), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015. | 
      
        |  | SECTION 7.011.  Section 264.304(c), Family Code, as amended | 
      
        |  | by Chapter 935 (H.B. 2398), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is repealed to conform to the repeal of Section | 
      
        |  | 264.304, Family Code, by Chapter 944 (S.B. 206), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 8.  CHANGES RELATING TO GOVERNMENT CODE | 
      
        |  | PART A.  GENERAL CHANGES | 
      
        |  | SECTION 8.001.  Section 126.001(b), Government Code, as | 
      
        |  | transferred and redesignated from Section 169A.001, Health and | 
      
        |  | Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, and as amended by | 
      
        |  | Chapters 604 (S.B. 536), 770 (H.B. 2299), and 1279 (S.B. 1902), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  If a defendant successfully completes a commercially | 
      
        |  | sexually exploited persons court program, regardless of whether the | 
      
        |  | defendant was convicted of the offense for which the defendant | 
      
        |  | entered the program or whether the court deferred further | 
      
        |  | proceedings without entering an adjudication of guilt, after notice | 
      
        |  | to the state and a hearing on whether the defendant is otherwise | 
      
        |  | entitled to the petition, including whether the required time has | 
      
        |  | elapsed, and whether issuance of the order is in the best interest | 
      
        |  | of justice, the court shall enter an order of nondisclosure of | 
      
        |  | criminal history record information under Subchapter E-1, Chapter | 
      
        |  | 411, as if the defendant had received a discharge and dismissal | 
      
        |  | under Article 42A.111, Code of Criminal Procedure, with respect to | 
      
        |  | all records and files related to the defendant's arrest for the | 
      
        |  | offense for which the defendant entered the program. | 
      
        |  | SECTION 8.002.  Section 126.002(a), Government Code, as | 
      
        |  | transferred and redesignated from Section 169A.002, Health and | 
      
        |  | Safety Code, by Chapters 604 (S.B. 536) and 1236 (S.B. 1296), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, and as amended by | 
      
        |  | Chapters 604 (S.B. 536) and 1273 (S.B. 825), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  The commissioners court of a county or governing body of | 
      
        |  | a municipality may establish a commercially sexually exploited | 
      
        |  | persons court program for defendants charged with an offense under | 
      
        |  | Section 43.02(a), Penal Code. | 
      
        |  | SECTION 8.003.  Section 402.035(c), Government Code, as | 
      
        |  | amended by Chapters 146 (H.B. 188), 332 (H.B. 10), and 734 (H.B. | 
      
        |  | 1549), Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (c)  The task force is composed of the following: | 
      
        |  | (1)  the governor or the governor's designee; | 
      
        |  | (2)  the attorney general or the attorney general's | 
      
        |  | designee; | 
      
        |  | (3)  the executive commissioner of the Health and Human | 
      
        |  | Services Commission or the executive commissioner's designee; | 
      
        |  | (4)  the commissioner of the Department of Family and | 
      
        |  | Protective Services or the commissioner's designee; | 
      
        |  | (5)  the commissioner of the Department of State Health | 
      
        |  | Services or the commissioner's designee; | 
      
        |  | (6)  the public safety director of the Department of | 
      
        |  | Public Safety or the director's designee; | 
      
        |  | (7)  one representative from each of the following | 
      
        |  | state agencies, appointed by the chief administrative officer of | 
      
        |  | the respective agency: | 
      
        |  | (A)  the Texas Workforce Commission; | 
      
        |  | (B)  the Texas Department of Criminal Justice; | 
      
        |  | (C)  the Texas Juvenile Justice Department; | 
      
        |  | (D)  the Texas Education Agency; | 
      
        |  | (E) [ (D)]  the Texas Alcoholic Beverage | 
      
        |  | Commission; | 
      
        |  | (F)  the Texas Parks and Wildlife Department; and | 
      
        |  | (G)  the Supreme Court of Texas Permanent Judicial | 
      
        |  | Commission for Children, Youth and Families; and | 
      
        |  | (8)  as appointed by the attorney general: | 
      
        |  | (A)  a chief public defender employed by a public | 
      
        |  | defender's office, as defined by Article 26.044(a), Code of | 
      
        |  | Criminal Procedure, or an attorney designated by the chief public | 
      
        |  | defender; | 
      
        |  | (B)  an attorney representing the state; | 
      
        |  | (C)  a representative of: | 
      
        |  | (i)  a hotel and motel association; | 
      
        |  | (ii)  a district and county attorneys | 
      
        |  | association; | 
      
        |  | (iii)  a state police association; and | 
      
        |  | (iv)  a statewide medical association; | 
      
        |  | (D)  representatives of sheriff's departments; | 
      
        |  | (E)  representatives of local law enforcement | 
      
        |  | agencies affected by human trafficking; and | 
      
        |  | (F)  representatives of nongovernmental entities | 
      
        |  | making comprehensive efforts to combat human trafficking by: | 
      
        |  | (i)  identifying human trafficking victims; | 
      
        |  | (ii)  providing legal or other services to | 
      
        |  | human trafficking victims; | 
      
        |  | (iii)  participating in community outreach | 
      
        |  | or public awareness efforts regarding human trafficking; | 
      
        |  | (iv)  providing or developing training | 
      
        |  | regarding the prevention of human trafficking; or | 
      
        |  | (v)  engaging in other activities designed | 
      
        |  | to prevent human trafficking. | 
      
        |  | SECTION 8.004.  Section 402.035(d), Government Code, as | 
      
        |  | amended by Chapters 146 (H.B. 188) and 332 (H.B. 10), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (d)  The task force shall: | 
      
        |  | (1)  collaborate, as needed to fulfill the duties of | 
      
        |  | the task force, with: | 
      
        |  | (A)  United States attorneys' offices [ Attorneys'  | 
      
        |  | Offices] for all of the federal districts of Texas; and | 
      
        |  | (B)  special agents or customs and border | 
      
        |  | protection officers and border patrol agents of: | 
      
        |  | (i)  the Federal Bureau of Investigation; | 
      
        |  | (ii)  the United States Drug Enforcement | 
      
        |  | Administration; | 
      
        |  | (iii)  the Bureau of Alcohol, Tobacco, | 
      
        |  | Firearms and Explosives; | 
      
        |  | (iv)  United States Immigration and Customs | 
      
        |  | Enforcement; or | 
      
        |  | (v)  the United States Department of | 
      
        |  | Homeland Security; | 
      
        |  | (2)  collect, organize, and periodically publish | 
      
        |  | statistical data on the nature and extent of human trafficking in | 
      
        |  | this state, including data described by Subdivisions (4)(A), (B), | 
      
        |  | (C), (D), and (E); | 
      
        |  | (3)  solicit cooperation and assistance from state and | 
      
        |  | local governmental agencies, political subdivisions of the state, | 
      
        |  | nongovernmental organizations, and other persons, as appropriate, | 
      
        |  | for the purpose of collecting and organizing statistical data under | 
      
        |  | Subdivision (2); | 
      
        |  | (4)  ensure that each state or local governmental | 
      
        |  | agency and political subdivision of the state and each state or | 
      
        |  | local law enforcement agency, district attorney, or county attorney | 
      
        |  | that assists in the prevention of human trafficking collects | 
      
        |  | statistical data related to human trafficking, including, as | 
      
        |  | appropriate: | 
      
        |  | (A)  the number of investigations concerning, | 
      
        |  | arrests and prosecutions for, and convictions of: | 
      
        |  | (i)  the offense of trafficking of persons; | 
      
        |  | (ii)  the offense of forgery or an offense | 
      
        |  | under Chapter 43, Penal Code, if the offense was committed as part | 
      
        |  | of a criminal episode involving the trafficking of persons; and | 
      
        |  | (iii)  an offense punishable under Section | 
      
        |  | 43.02(c)(3), Penal Code, regardless of whether the offense was | 
      
        |  | committed as part of a criminal episode involving the trafficking | 
      
        |  | of persons; | 
      
        |  | (B)  demographic information on persons who are | 
      
        |  | convicted of offenses described by Paragraph (A) and persons who | 
      
        |  | are the victims of those offenses; | 
      
        |  | (C)  geographic routes by which human trafficking | 
      
        |  | victims are trafficked, including routes by which victims are | 
      
        |  | trafficked across this state's international border, and | 
      
        |  | geographic patterns in human trafficking, including the country or | 
      
        |  | state of origin and the country or state of destination; | 
      
        |  | (D)  means of transportation and methods used by | 
      
        |  | persons who engage in trafficking to transport their victims; and | 
      
        |  | (E)  social and economic factors that create a | 
      
        |  | demand for the labor or services that victims of human trafficking | 
      
        |  | are forced to provide; | 
      
        |  | (5)  work with the Texas Commission on Law Enforcement | 
      
        |  | to develop and conduct training for law enforcement personnel, | 
      
        |  | victim service providers, and medical service providers to identify | 
      
        |  | victims of human trafficking; | 
      
        |  | (6)  work with the Texas Education Agency, the | 
      
        |  | Department of Family and Protective Services, and the Health and | 
      
        |  | Human Services Commission to: | 
      
        |  | (A)  develop a list of key indicators that a | 
      
        |  | person is a victim of human trafficking; | 
      
        |  | (B)  develop a standardized curriculum for | 
      
        |  | training doctors, nurses, emergency medical services personnel, | 
      
        |  | teachers, school counselors, school administrators, and personnel | 
      
        |  | from the Department of Family and Protective Services and the | 
      
        |  | Health and Human Services Commission to identify and assist victims | 
      
        |  | of human trafficking; | 
      
        |  | (C)  train doctors, nurses, emergency medical | 
      
        |  | services personnel, teachers, school counselors, school | 
      
        |  | administrators, and personnel from the Department of Family and | 
      
        |  | Protective Services and the Health and Human Services Commission to | 
      
        |  | identify and assist victims of human trafficking; | 
      
        |  | (D)  develop and conduct training for personnel | 
      
        |  | from the Department of Family and Protective Services and the | 
      
        |  | Health and Human Services Commission on methods for identifying | 
      
        |  | children in foster care who may be at risk of becoming victims of | 
      
        |  | human trafficking; and | 
      
        |  | (E)  develop a process for referring identified | 
      
        |  | human trafficking victims and individuals at risk of becoming | 
      
        |  | victims to appropriate entities for services; | 
      
        |  | (7)  on the request of a judge of a county court, county | 
      
        |  | court at law, or district court or a county attorney, district | 
      
        |  | attorney, or criminal district attorney, assist and train the judge | 
      
        |  | or the judge's staff or the attorney or the attorney's staff in the | 
      
        |  | recognition and prevention of human trafficking; | 
      
        |  | (8)  examine training protocols related to human | 
      
        |  | trafficking issues, as developed and implemented by federal, state, | 
      
        |  | and local law enforcement agencies; | 
      
        |  | (9)  collaborate with state and local governmental | 
      
        |  | agencies, political subdivisions of the state, and nongovernmental | 
      
        |  | organizations to implement a media awareness campaign in | 
      
        |  | communities affected by human trafficking; | 
      
        |  | (10)  develop recommendations on how to strengthen | 
      
        |  | state and local efforts to prevent human trafficking, protect and | 
      
        |  | assist human trafficking victims, curb markets and other economic | 
      
        |  | avenues that facilitate human trafficking and investigate and | 
      
        |  | prosecute human trafficking offenders; | 
      
        |  | (11)  examine the extent to which human trafficking is | 
      
        |  | associated with the operation of sexually oriented businesses, as | 
      
        |  | defined by Section 243.002, Local Government Code, and the | 
      
        |  | workplace or public health concerns that are created by the | 
      
        |  | association of human trafficking and the operation of sexually | 
      
        |  | oriented businesses; [ and] | 
      
        |  | (12)  develop recommendations for addressing the | 
      
        |  | demand for forced labor or services or sexual conduct involving | 
      
        |  | victims of human trafficking, including recommendations for | 
      
        |  | increased penalties for individuals who engage or attempt to engage | 
      
        |  | in prostitution with victims younger than 18 years of age; and | 
      
        |  | (13) [ (12)]  identify and report to the governor and | 
      
        |  | legislature on laws, licensure requirements, or other regulations | 
      
        |  | that can be passed at the state and local level to curb trafficking | 
      
        |  | using the Internet and in sexually oriented businesses. | 
      
        |  | SECTION 8.005.  Section 411.122(d), Government Code, is | 
      
        |  | amended to conform to changes made by Chapter 838 (S.B. 202), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (d)  The following state agencies are subject to this | 
      
        |  | section: | 
      
        |  | (1)  Texas Appraiser Licensing and Certification | 
      
        |  | Board; | 
      
        |  | (2)  Texas Board of Architectural Examiners; | 
      
        |  | (3)  Texas Board of Chiropractic Examiners; | 
      
        |  | (4)  State Board of Dental Examiners; | 
      
        |  | (5)  Texas Board of Professional Engineers; | 
      
        |  | (6)  Texas Funeral Service Commission; | 
      
        |  | (7)  Texas Board of Professional Geoscientists; | 
      
        |  | (8)  Department of State Health Services, except as | 
      
        |  | provided by Section 411.110, and agencies attached to the | 
      
        |  | department, including: | 
      
        |  | (A)  [ Texas State Board of Examiners of  | 
      
        |  | Dietitians; | 
      
        |  | [ (B)]  Texas State Board of Examiners of Marriage | 
      
        |  | and Family Therapists; | 
      
        |  | (B) [ (C)  Midwifery Board; | 
      
        |  | [ (D)  Texas State Perfusionist Advisory  | 
      
        |  | Committee; | 
      
        |  | [ (E)]  Texas State Board of Examiners of | 
      
        |  | Professional Counselors; and | 
      
        |  | (C) [ (F)]  Texas State Board of Social Worker | 
      
        |  | Examiners; | 
      
        |  | [ (G)  State Board of Examiners for  | 
      
        |  | Speech-Language Pathology and Audiology; | 
      
        |  | [ (H)  Advisory Board of Athletic Trainers; | 
      
        |  | [ (I)  State Committee of Examiners in the Fitting  | 
      
        |  | and Dispensing of Hearing Instruments; | 
      
        |  | [ (J)  Texas Board of Licensure for Professional  | 
      
        |  | Medical Physicists; and | 
      
        |  | [ (K)  Texas Board of Orthotics and Prosthetics;] | 
      
        |  | (9)  Texas Board of Professional Land Surveying; | 
      
        |  | (10)  Texas Department of Licensing and Regulation, | 
      
        |  | except as provided by Section 411.093; | 
      
        |  | (11)  Texas Commission on Environmental Quality; | 
      
        |  | (12)  Texas Board of Occupational Therapy Examiners; | 
      
        |  | (13)  Texas Optometry Board; | 
      
        |  | (14)  Texas State Board of Pharmacy; | 
      
        |  | (15)  Texas Board of Physical Therapy Examiners; | 
      
        |  | (16)  Texas State Board of Plumbing Examiners; | 
      
        |  | (17)  Texas State Board of Podiatric Medical Examiners; | 
      
        |  | (18)  Texas State Board of Examiners of Psychologists; | 
      
        |  | (19)  Texas Real Estate Commission; | 
      
        |  | (20)  Texas Department of Transportation; | 
      
        |  | (21)  State Board of Veterinary Medical Examiners; | 
      
        |  | (22)  Texas Department of Housing and Community | 
      
        |  | Affairs; | 
      
        |  | (23)  secretary of state; | 
      
        |  | (24)  state fire marshal; | 
      
        |  | (25)  Texas Education Agency; | 
      
        |  | (26)  Department of Agriculture; and | 
      
        |  | (27)  Texas Department of Motor Vehicles. | 
      
        |  | SECTION 8.006.  Section 434.017(a), Government Code, as | 
      
        |  | amended by Chapters 160 (H.B. 1584) and 821 (H.B. 3710), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  The fund for veterans' assistance is a special fund in | 
      
        |  | the state treasury outside the general revenue fund.  The fund is | 
      
        |  | composed of: | 
      
        |  | (1)  money transferred to the fund at the direction of | 
      
        |  | the legislature; | 
      
        |  | (2)  gifts and grants contributed to the fund; | 
      
        |  | (3)  the earnings of the fund; | 
      
        |  | (4)  money transferred to the fund from proceeds of the | 
      
        |  | lottery game operated under Section 466.027 or transferred to the | 
      
        |  | fund under Section 466.408(b); | 
      
        |  | (5)  money deposited to the credit of the fund under | 
      
        |  | Section 502.1746, Transportation Code; | 
      
        |  | (6)  money deposited to the credit of the fund under | 
      
        |  | Section 521.010, Transportation Code; [ and] | 
      
        |  | (7)  money deposited to the credit of the fund under | 
      
        |  | Section 12.007, Parks and Wildlife Code; and | 
      
        |  | (8) [ (7)]  money deposited to the credit of the fund | 
      
        |  | under Section 411.1741. | 
      
        |  | SECTION 8.007.  Section 437.355(a), Government Code, as | 
      
        |  | amended by Chapters 144 (H.B. 115) and 760 (H.B. 2108), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  The governor or adjutant general, if delegated the | 
      
        |  | authority, may adopt policies and regulations relating to awarding: | 
      
        |  | (1)  the Texas Purple Heart Medal, which shall be | 
      
        |  | awarded to a service member who: | 
      
        |  | (A)  after September 11, 2001: | 
      
        |  | (i)  was inducted into federal service from | 
      
        |  | the Texas National Guard; and | 
      
        |  | (ii)  meets the criteria for an award of the | 
      
        |  | federal Purple Heart Medal; or | 
      
        |  | (B)  was wounded or killed at Fort Hood on | 
      
        |  | November 5, 2009; | 
      
        |  | (2)  the Texas Superior Service Medal, which shall be | 
      
        |  | awarded to: | 
      
        |  | (A)  a service member of the Texas military forces | 
      
        |  | who has: | 
      
        |  | (i)  completed 30 or more years of honorable | 
      
        |  | state service or a combination of state and federal service; and | 
      
        |  | (ii)  continually demonstrated superior | 
      
        |  | performance and service while assigned to key leadership positions | 
      
        |  | demanding responsibility; or | 
      
        |  | (B)  a civilian who has contributed significant | 
      
        |  | service to the Texas military forces; | 
      
        |  | (3)  the Lone Star Distinguished Service Medal, which | 
      
        |  | shall be awarded to a member of the military forces of this state, | 
      
        |  | another state, or the United States for exceptionally outstanding | 
      
        |  | achievement or service to this state in performance of a duty of | 
      
        |  | great responsibility while serving with the Texas military forces | 
      
        |  | for whom the department receives a letter of recommendation for | 
      
        |  | award of the Lone Star Distinguished Service Medal that: | 
      
        |  | (A)  gives an account of the exceptional | 
      
        |  | achievement or service; and | 
      
        |  | (B)  includes facts and photographs, and extracts | 
      
        |  | from official documents to support and amplify the facts; | 
      
        |  | (4)  the Texas Outstanding Service Medal, which shall | 
      
        |  | be awarded to a service member of the military forces of this state, | 
      
        |  | another state, or the United States who has performed service in a | 
      
        |  | superior and clearly outstanding manner; | 
      
        |  | (5)  the Texas Humanitarian Service Medal, which shall | 
      
        |  | be awarded to a service member who: | 
      
        |  | (A)  does not meet the criteria for an award of the | 
      
        |  | federal Humanitarian Service Medal; | 
      
        |  | (B)  is a member of the Texas military forces; and | 
      
        |  | (C)  while serving on state active duty or active | 
      
        |  | duty under state authority in accordance with Title 32, United | 
      
        |  | States Code, participates satisfactorily in defense support to a | 
      
        |  | mission under civilian authority to protect life or property during | 
      
        |  | or soon after a natural disaster or civil unrest in the state; | 
      
        |  | (6)  the Texas Homeland Defense Service Medal, which | 
      
        |  | shall be awarded to a service member of the Texas military forces | 
      
        |  | who served: | 
      
        |  | (A)  on or after September 11, 2001; | 
      
        |  | (B)  on state active duty or active duty under | 
      
        |  | state authority in accordance with Title 32, United States Code; | 
      
        |  | and | 
      
        |  | (C)  satisfactorily in defense support to a | 
      
        |  | mission in the state under civilian authority; | 
      
        |  | (7)  the Federal Service Medal, which shall be awarded | 
      
        |  | to a service member who was inducted into federal service from the | 
      
        |  | Texas military forces between June 15, 1940, and January 1, 1946, or | 
      
        |  | after June 1, 1950, if the service was for more than 90 days; | 
      
        |  | (8)  the Texas Combat Service Ribbon, which shall be | 
      
        |  | awarded to a service member of the Texas National Guard who served, | 
      
        |  | after September 11, 2001, in a hostile fire zone as designated by | 
      
        |  | the United States secretary of defense; | 
      
        |  | (9)  the Texas Faithful Service Medal, which shall be | 
      
        |  | awarded to a member of the Texas military forces who has completed | 
      
        |  | five years of honorable service during which the service member has | 
      
        |  | shown fidelity to duty, efficient service, and great loyalty to | 
      
        |  | this state; | 
      
        |  | (10)  the Texas Medal of Merit, which shall be awarded | 
      
        |  | to a member of the military forces of this state, another state, or | 
      
        |  | the United States who performs outstanding service or attains | 
      
        |  | extraordinary achievement in behalf of the state or United States; | 
      
        |  | (11)  the Texas State Guard Service Medal, which shall | 
      
        |  | be awarded to a service member who completes three consecutive | 
      
        |  | years of honorable service in the Texas State Guard during which the | 
      
        |  | service member has shown fidelity to duty, efficient service, and | 
      
        |  | great loyalty to this state; | 
      
        |  | (12)  the Texas Desert Shield/Desert Storm Campaign | 
      
        |  | Medal, which shall be awarded to a service member who was inducted | 
      
        |  | into federal service from the Texas National Guard after August 1, | 
      
        |  | 1990, in support of Operation Desert Shield or Operation Desert | 
      
        |  | Storm, without regard to the place that the service member was | 
      
        |  | deployed while serving on active federal military duty; | 
      
        |  | (13)  the Texas Iraqi Campaign Medal, which shall be | 
      
        |  | awarded to a service member who was inducted into federal service | 
      
        |  | from the Texas National Guard, without regard to the place that the | 
      
        |  | service member was deployed while serving on active federal | 
      
        |  | military duty, after: | 
      
        |  | (A)  March 19, 2003, in support of Operation Iraqi | 
      
        |  | Freedom; or | 
      
        |  | (B)  August 31, 2010, in support of Operation New | 
      
        |  | Dawn; | 
      
        |  | (14)  the Texas Afghanistan Campaign Medal, which shall | 
      
        |  | be awarded to a service member who was inducted into federal service | 
      
        |  | from the Texas National Guard after October 6, 2001, in support of | 
      
        |  | Operation Enduring Freedom, without regard to the place that the | 
      
        |  | service member was deployed while serving on active federal | 
      
        |  | military duty; and | 
      
        |  | (15)  the Cold War Medal, which, subject to Subsection | 
      
        |  | (c), shall be awarded to a member of the military forces of this | 
      
        |  | state or the United States who: | 
      
        |  | (A)  served between September 2, 1945, and | 
      
        |  | December 26, 1991; and | 
      
        |  | (B)  was a resident of this state at the time the | 
      
        |  | service member entered military service. | 
      
        |  | SECTION 8.008.  Section 511.009(a), Government Code, as | 
      
        |  | amended by Chapters 281 (H.B. 875), 648 (H.B. 549), and 688 (H.B. | 
      
        |  | 634), Acts of the 84th Legislature, Regular Session, 2015, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (a)  The commission shall: | 
      
        |  | (1)  adopt reasonable rules and procedures | 
      
        |  | establishing minimum standards for the construction, equipment, | 
      
        |  | maintenance, and operation of county jails; | 
      
        |  | (2)  adopt reasonable rules and procedures | 
      
        |  | establishing minimum standards for the custody, care, and treatment | 
      
        |  | of prisoners; | 
      
        |  | (3)  adopt reasonable rules establishing minimum | 
      
        |  | standards for the number of jail supervisory personnel and for | 
      
        |  | programs and services to meet the needs of prisoners; | 
      
        |  | (4)  adopt reasonable rules and procedures | 
      
        |  | establishing minimum requirements for programs of rehabilitation, | 
      
        |  | education, and recreation in county jails; | 
      
        |  | (5)  revise, amend, or change rules and procedures if | 
      
        |  | necessary; | 
      
        |  | (6)  provide to local government officials | 
      
        |  | consultation on and technical assistance for county jails; | 
      
        |  | (7)  review and comment on plans for the construction | 
      
        |  | and major modification or renovation of county jails; | 
      
        |  | (8)  require that the sheriff and commissioners of each | 
      
        |  | county submit to the commission, on a form prescribed by the | 
      
        |  | commission, an annual report on the conditions in each county jail | 
      
        |  | within their jurisdiction, including all information necessary to | 
      
        |  | determine compliance with state law, commission orders, and the | 
      
        |  | rules adopted under this chapter; | 
      
        |  | (9)  review the reports submitted under Subdivision (8) | 
      
        |  | and require commission employees to inspect county jails regularly | 
      
        |  | to ensure compliance with state law, commission orders, and rules | 
      
        |  | and procedures adopted under this chapter; | 
      
        |  | (10)  adopt a classification system to assist sheriffs | 
      
        |  | and judges in determining which defendants are low-risk and | 
      
        |  | consequently suitable participants in a county jail work release | 
      
        |  | program under Article 42.034, Code of Criminal Procedure; | 
      
        |  | (11)  adopt rules relating to requirements for | 
      
        |  | segregation of classes of inmates and to capacities for county | 
      
        |  | jails; | 
      
        |  | (12)  require that the chief jailer of each municipal | 
      
        |  | lockup submit to the commission, on a form prescribed by the | 
      
        |  | commission, an annual report of persons under 17 years of age | 
      
        |  | securely detained in the lockup, including all information | 
      
        |  | necessary to determine compliance with state law concerning secure | 
      
        |  | confinement of children in municipal lockups; | 
      
        |  | (13)  at least annually determine whether each county | 
      
        |  | jail is in compliance with the rules and procedures adopted under | 
      
        |  | this chapter; | 
      
        |  | (14)  require that the sheriff and commissioners court | 
      
        |  | of each county submit to the commission, on a form prescribed by the | 
      
        |  | commission, an annual report of persons under 17 years of age | 
      
        |  | securely detained in the county jail, including all information | 
      
        |  | necessary to determine compliance with state law concerning secure | 
      
        |  | confinement of children in county jails; | 
      
        |  | (15)  schedule announced and unannounced inspections | 
      
        |  | of jails under the commission's jurisdiction using the risk | 
      
        |  | assessment plan established under Section 511.0085 to guide the | 
      
        |  | inspections process; | 
      
        |  | (16)  adopt a policy for gathering and distributing to | 
      
        |  | jails under the commission's jurisdiction information regarding: | 
      
        |  | (A)  common issues concerning jail | 
      
        |  | administration; | 
      
        |  | (B)  examples of successful strategies for | 
      
        |  | maintaining compliance with state law and the rules, standards, and | 
      
        |  | procedures of the commission; and | 
      
        |  | (C)  solutions to operational challenges for | 
      
        |  | jails; | 
      
        |  | (17)  report to the Texas Correctional Office on | 
      
        |  | Offenders with Medical or Mental Impairments on a jail's compliance | 
      
        |  | with Article 16.22, Code of Criminal Procedure; | 
      
        |  | (18)  adopt reasonable rules and procedures | 
      
        |  | establishing minimum requirements for jails to: | 
      
        |  | (A)  determine if a prisoner is pregnant; and | 
      
        |  | (B)  ensure that the jail's health services plan | 
      
        |  | addresses medical and mental health care, including nutritional | 
      
        |  | requirements, and any special housing or work assignment needs for | 
      
        |  | persons who are confined in the jail and are known or determined to | 
      
        |  | be pregnant; | 
      
        |  | (19)  provide guidelines to sheriffs regarding | 
      
        |  | contracts between a sheriff and another entity for the provision of | 
      
        |  | food services to or the operation of a commissary in a jail under | 
      
        |  | the commission's jurisdiction, including specific provisions | 
      
        |  | regarding conflicts of interest and avoiding the appearance of | 
      
        |  | impropriety; [ and] | 
      
        |  | (20)  adopt reasonable rules and procedures | 
      
        |  | establishing minimum standards for prisoner visitation that | 
      
        |  | provide each prisoner at a county jail with a minimum of two | 
      
        |  | in-person, noncontact visitation periods per week of at least 20 | 
      
        |  | minutes duration each; | 
      
        |  | (21) [ (20)]  require the sheriff of each county to: | 
      
        |  | (A)  investigate and verify the veteran status of | 
      
        |  | each prisoner by using data made available from the Veterans | 
      
        |  | Reentry Search Service (VRSS) operated by the United States | 
      
        |  | Department of Veterans Affairs or a similar service; and | 
      
        |  | (B)  use the data described by Paragraph (A) to | 
      
        |  | assist prisoners who are veterans in applying for federal benefits | 
      
        |  | or compensation for which the prisoners may be eligible under a | 
      
        |  | program administered by the United States Department of Veterans | 
      
        |  | Affairs; and | 
      
        |  | (22) [ (20)]  adopt reasonable rules and procedures | 
      
        |  | regarding visitation of a prisoner at a county jail by a guardian, | 
      
        |  | as defined by Section 1002.012, Estates Code, that: | 
      
        |  | (A)  allow visitation by a guardian to the same | 
      
        |  | extent as the prisoner's next of kin, including placing the | 
      
        |  | guardian on the prisoner's approved visitors list on the guardian's | 
      
        |  | request and providing the guardian access to the prisoner during a | 
      
        |  | facility's standard visitation hours if the prisoner is otherwise | 
      
        |  | eligible to receive visitors; and | 
      
        |  | (B)  require the guardian to provide the sheriff | 
      
        |  | with letters of guardianship issued as provided by Section | 
      
        |  | 1106.001, Estates Code, before being allowed to visit the prisoner. | 
      
        |  | SECTION 8.009.  Section 531.012(a), Government Code, as | 
      
        |  | amended by Chapters 837 (S.B. 200) and 946 (S.B. 277), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  The executive commissioner shall establish and maintain | 
      
        |  | advisory committees to consider issues and solicit public input | 
      
        |  | across all major areas of the health and human services system which | 
      
        |  | may be from various geographic areas across the state, which may be | 
      
        |  | done either in person or through teleconferencing centers, | 
      
        |  | including relating to the following issues: | 
      
        |  | (1)  Medicaid and other social services programs; | 
      
        |  | (2)  managed care under Medicaid and the child health | 
      
        |  | plan program; | 
      
        |  | (3)  health care quality initiatives; | 
      
        |  | (4)  aging; | 
      
        |  | (5)  persons with disabilities, including persons with | 
      
        |  | autism; | 
      
        |  | (6)  rehabilitation, including for persons with brain | 
      
        |  | injuries; | 
      
        |  | (7)  children; | 
      
        |  | (8)  public health; | 
      
        |  | (9)  behavioral health; | 
      
        |  | (10)  regulatory matters; | 
      
        |  | (11)  protective services; and | 
      
        |  | (12)  prevention efforts. | 
      
        |  | SECTION 8.010.  Section 531.02112(c), Government Code, as | 
      
        |  | amended by Chapter 1203 (S.B. 1455), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed to conform to the repeal of | 
      
        |  | Section 531.02112, Government Code, by Chapter 837 (S.B. 200), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015. | 
      
        |  | SECTION 8.011.  Section 531.0736(g), Government Code, as | 
      
        |  | added by Chapter 946 (S.B. 277), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed as duplicative of Section | 
      
        |  | 531.0736(g), Government Code, as added by Chapter 837 (S.B. 200), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | SECTION 8.012.  Section 531.102(p), Government Code, as | 
      
        |  | added by Chapter 837 (S.B. 200), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed as duplicative of Section | 
      
        |  | 531.102(v), Government Code. | 
      
        |  | SECTION 8.013.  Section 533.00251(c), Government Code, as | 
      
        |  | effective September 1, 2021, is amended to conform to Chapters 837 | 
      
        |  | (S.B. 200) and 946 (S.B. 277), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, to read as follows: | 
      
        |  | (c)  Subject to Section 533.0025 and notwithstanding any | 
      
        |  | other law, the commission[ , in consultation with the advisory  | 
      
        |  | committee,] shall provide benefits under Medicaid to recipients who | 
      
        |  | reside in nursing facilities through the STAR + PLUS Medicaid | 
      
        |  | managed care program. In implementing this subsection, the | 
      
        |  | commission shall ensure: | 
      
        |  | (1)  that a nursing facility is paid not later than the | 
      
        |  | 10th day after the date the facility submits a clean claim; | 
      
        |  | (2)  the appropriate utilization of services | 
      
        |  | consistent with criteria established by the commission; | 
      
        |  | (3)  a reduction in the incidence of potentially | 
      
        |  | preventable events and unnecessary institutionalizations; | 
      
        |  | (4)  that a managed care organization providing | 
      
        |  | services under the managed care program provides discharge | 
      
        |  | planning, transitional care, and other education programs to | 
      
        |  | physicians and hospitals regarding all available long-term care | 
      
        |  | settings; | 
      
        |  | (5)  that a managed care organization providing | 
      
        |  | services under the managed care program: | 
      
        |  | (A)  assists in collecting applied income from | 
      
        |  | recipients; and | 
      
        |  | (B)  provides payment incentives to nursing | 
      
        |  | facility providers that reward reductions in preventable acute care | 
      
        |  | costs and encourage transformative efforts in the delivery of | 
      
        |  | nursing facility services, including efforts to promote a | 
      
        |  | resident-centered care culture through facility design and | 
      
        |  | services provided; | 
      
        |  | (6)  the establishment of a portal that is in | 
      
        |  | compliance with state and federal regulations, including standard | 
      
        |  | coding requirements, through which nursing facility providers | 
      
        |  | participating in the STAR + PLUS Medicaid managed care program may | 
      
        |  | submit claims to any participating managed care organization; | 
      
        |  | (7)  that rules and procedures relating to the | 
      
        |  | certification and decertification of nursing facility beds under | 
      
        |  | Medicaid are not affected; | 
      
        |  | (8)  that a managed care organization providing | 
      
        |  | services under the managed care program, to the greatest extent | 
      
        |  | possible, offers nursing facility providers access to: | 
      
        |  | (A)  acute care professionals; and | 
      
        |  | (B)  telemedicine, when feasible and in | 
      
        |  | accordance with state law, including rules adopted by the Texas | 
      
        |  | Medical Board; and | 
      
        |  | (9)  that the commission approves the staff rate | 
      
        |  | enhancement methodology for the staff rate enhancement paid to a | 
      
        |  | nursing facility that qualifies for the enhancement under the | 
      
        |  | managed care program. | 
      
        |  | SECTION 8.014.  Section 2165.007(b), Government Code, as | 
      
        |  | amended by Chapters 247 (S.B. 836) and 932 (H.B. 2206), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (b)  Notwithstanding any other law, the commission shall | 
      
        |  | provide facilities management services in relation to all state | 
      
        |  | agency facilities in Travis County or a county adjacent to Travis | 
      
        |  | County.  The commission's duty does not apply to: | 
      
        |  | (1)  a facility owned or operated by an institution of | 
      
        |  | higher education; | 
      
        |  | (2)  military facilities; | 
      
        |  | (3)  facilities owned or operated by the Texas | 
      
        |  | Department of Criminal Justice; | 
      
        |  | (4)  facilities owned or operated by the Texas Juvenile | 
      
        |  | Justice Department; | 
      
        |  | (5)  facilities owned or operated by the Texas | 
      
        |  | Department of Transportation; | 
      
        |  | (6)  the Capitol, including the Capitol Extension, the | 
      
        |  | General Land Office building, the Bob Bullock Texas State History | 
      
        |  | Museum, any museum located on the Capitol grounds, the Governor's | 
      
        |  | Mansion, and any property maintained by the Texas Historical | 
      
        |  | Commission under Sections 442.0072 and 442.0073; | 
      
        |  | (7)  a facility determined by the commission to be | 
      
        |  | completely residential; | 
      
        |  | (8)  a regional or field office of a state agency; | 
      
        |  | (9)  a facility located within or on state park | 
      
        |  | property; | 
      
        |  | (10)  the property known as the Finance Commission | 
      
        |  | Building described by deed recorded in Volume 5080, Page 1099, of | 
      
        |  | the Deed Records of Travis County, Texas; | 
      
        |  | (11)  the property known as the Credit Union Department | 
      
        |  | Building described by deed recorded in Volume 6126, Page 27, of the | 
      
        |  | Deed Records of Travis County, Texas; or | 
      
        |  | (12)  the property known as the Texas State Cemetery | 
      
        |  | described as 17.376 acres located at 801 Comal, Lot 5, Division B, | 
      
        |  | City of Austin, Travis County, Texas. | 
      
        |  | SECTION 8.015.  Section 2256.008(a), Government Code, as | 
      
        |  | amended by Chapters 222 (H.B. 1148) and 1248 (H.B. 870), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  Except as provided by Subsections (a-1), (b), [ and] (e), | 
      
        |  | and (f), the treasurer, the chief financial officer if the | 
      
        |  | treasurer is not the chief financial officer, and the investment | 
      
        |  | officer of a local government shall: | 
      
        |  | (1)  attend at least one training session from an | 
      
        |  | independent source approved by the governing body of the local | 
      
        |  | government or a designated investment committee advising the | 
      
        |  | investment officer as provided for in the investment policy of the | 
      
        |  | local government and containing at least 10 hours of instruction | 
      
        |  | relating to the treasurer's or officer's responsibilities under | 
      
        |  | this subchapter within 12 months after taking office or assuming | 
      
        |  | duties; and | 
      
        |  | (2)  [ except as provided by Subsections (b), (e), and  | 
      
        |  | (f),] attend an investment training session not less than once in a | 
      
        |  | two-year period that begins on the first day of that local | 
      
        |  | government's fiscal year and consists of the two consecutive fiscal | 
      
        |  | years after that date, and receive not less than 10 hours of | 
      
        |  | instruction relating to investment responsibilities under this | 
      
        |  | subchapter from an independent source approved by the governing | 
      
        |  | body of the local government or a designated investment committee | 
      
        |  | advising the investment officer as provided for in the investment | 
      
        |  | policy of the local government. | 
      
        |  | SECTION 8.016.  Section 2306.6725(a), Government Code, as | 
      
        |  | amended by Chapters 954 (S.B. 1316) and 1111 (H.B. 3311), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (a)  In allocating low income housing tax credits, the | 
      
        |  | department shall score each application using a point system based | 
      
        |  | on criteria adopted by the department that are consistent with the | 
      
        |  | department's housing goals, including criteria addressing the | 
      
        |  | ability of the proposed project to: | 
      
        |  | (1)  provide quality social support services to | 
      
        |  | residents; | 
      
        |  | (2)  demonstrate community and neighborhood support as | 
      
        |  | defined by the qualified allocation plan; | 
      
        |  | (3)  consistent with sound underwriting practices and | 
      
        |  | when economically feasible, serve individuals and families of | 
      
        |  | extremely low income by leveraging private and state and federal | 
      
        |  | resources, including federal HOPE VI grants received through the | 
      
        |  | United States Department of Housing and Urban Development; | 
      
        |  | (4)  serve traditionally underserved areas; | 
      
        |  | (5)  demonstrate support from local political | 
      
        |  | subdivisions based on the subdivisions' commitment of development | 
      
        |  | funding; | 
      
        |  | (6)  rehabilitate or perform an adaptive reuse of a | 
      
        |  | certified historic structure, as defined by Section 171.901(1), Tax | 
      
        |  | Code, as part of the development; | 
      
        |  | (7)  remain affordable to qualified tenants for an | 
      
        |  | extended, economically feasible period; and | 
      
        |  | (8)  comply with the accessibility standards that are | 
      
        |  | required under Section 504, Rehabilitation Act of 1973 (29 U.S.C. | 
      
        |  | Section 794), and specified under 24 C.F.R. Part 8, Subpart C. | 
      
        |  | PART B.  UPDATE OF COURT FEES AND COSTS | 
      
        |  | SECTION 8.101.  Section 101.021, Government Code, is amended | 
      
        |  | to conform to Chapter 1182 (S.B. 1139), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.021.  SUPREME COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of the supreme court shall collect fees and costs | 
      
        |  | as follows: | 
      
        |  | (1)  application for petition for review (Sec. 51.005, | 
      
        |  | Government Code) . . . $50; | 
      
        |  | (2)  additional fee if application for petition for | 
      
        |  | review is granted (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (3)  motion for leave to file petition for writ of | 
      
        |  | mandamus, prohibition, injunction, and other similar proceedings | 
      
        |  | originating in the supreme court (Sec. 51.005, Government Code) | 
      
        |  | . . . $50; | 
      
        |  | (4)  additional fee if a motion under Subdivision (3) | 
      
        |  | is granted (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (5)  certified question from a federal court of appeals | 
      
        |  | to the supreme court (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (6)  case appealed to the supreme court from the | 
      
        |  | district court by direct appeal (Sec. 51.005, Government Code) | 
      
        |  | . . . $100; | 
      
        |  | (7)  any other proceeding filed in the supreme court | 
      
        |  | (Sec. 51.005, Government Code) . . . $75; | 
      
        |  | (8)  administering an oath and giving a sealed | 
      
        |  | certificate of the oath (Sec. 51.005, Government Code) . . . $5; | 
      
        |  | (9)  making certain copies, including certificate and | 
      
        |  | seal (Sec. 51.005, Government Code) . . . $5, or $0.50 per page if | 
      
        |  | more than 10 pages; | 
      
        |  | (10)  any official service performed by the clerk for | 
      
        |  | which a fee is not otherwise provided (Sec. 51.005, Government | 
      
        |  | Code) . . . reasonable amount set by order or rule of supreme court; | 
      
        |  | (10-a)  supreme court support account filing fee (Sec. | 
      
        |  | 51.0051, Government Code) . . . amount set by the supreme court, | 
      
        |  | not to exceed $50; | 
      
        |  | (11)  issuance of attorney's license or certificate | 
      
        |  | (Sec. 51.006, Government Code) . . . $10; | 
      
        |  | (12)  additional filing fee to fund civil legal | 
      
        |  | services for the indigent (Sec. 51.941, Government Code) . . . $25; | 
      
        |  | and | 
      
        |  | (13)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | SECTION 8.102.  Section 101.041, Government Code, is amended | 
      
        |  | to conform to Chapter 1182 (S.B. 1139), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.041.  COURT OF APPEALS FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a court of appeals shall collect fees and costs | 
      
        |  | as follows: | 
      
        |  | (1)  for cases appealed to and filed in the court of | 
      
        |  | appeals from the district and county courts within its court of | 
      
        |  | appeals district (Sec. 51.207, Government Code) . . . $100; | 
      
        |  | (2)  motion for leave to file petition for writ of | 
      
        |  | mandamus, prohibition, injunction, and other similar proceedings | 
      
        |  | originating in the court of appeals (Sec. 51.207, Government Code) | 
      
        |  | . . . $50; | 
      
        |  | (3)  additional fee if the motion under Subdivision (2) | 
      
        |  | is granted (Sec. 51.207, Government Code) . . . $75; | 
      
        |  | (4)  motion to file or to extend time to file record on | 
      
        |  | appeal from district or county court (Sec. 51.207, Government Code) | 
      
        |  | . . . $10; | 
      
        |  | (5)  administering an oath and giving a sealed | 
      
        |  | certificate of oath (Sec. 51.207, Government Code) . . . $5; | 
      
        |  | (6)  certified copy of papers of record in court | 
      
        |  | offices, including certificate and seal (Sec. 51.207, Government | 
      
        |  | Code) . . . $5, or $1 per page if more than five pages; | 
      
        |  | (7)  comparing any document with the original filed in | 
      
        |  | the offices of the court for purposes of certification (Sec. | 
      
        |  | 51.207, Government Code) . . . $5, or $1 per page if more than five | 
      
        |  | pages; | 
      
        |  | (8)  any official service performed by the clerk for | 
      
        |  | which a fee is not otherwise provided (Sec. 51.207, Government | 
      
        |  | Code) . . . a reasonable fee set by the order or rule of the supreme | 
      
        |  | court; | 
      
        |  | (8-a)  supreme court support account filing fee (Sec. | 
      
        |  | 51.208, Government Code) . . . amount set by the supreme court, not | 
      
        |  | to exceed $50; | 
      
        |  | (9)  additional filing fee to fund civil legal services | 
      
        |  | for the indigent (Sec. 51.941, Government Code) . . . $25; and | 
      
        |  | (10)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | SECTION 8.103.  (a)  Section 101.0611, Government Code, as | 
      
        |  | amended by Section 1.03, Chapter 927 (H.B. 1513), Acts of the 83rd | 
      
        |  | Legislature, Regular Session, 2013, is amended to conform to | 
      
        |  | Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, and is further amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a district court shall collect fees and costs | 
      
        |  | under the Government Code as follows: | 
      
        |  | (1)  appellate judicial system filing fees for: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  when administering a case for the Rockwall County | 
      
        |  | Court at Law (Sec. 25.2012, Government Code) . . . civil fees and | 
      
        |  | court costs as if the case had been filed in district court; | 
      
        |  | (3)  additional filing fees: | 
      
        |  | (A)  for each suit filed for insurance contingency | 
      
        |  | fund, if authorized by the county commissioners court (Sec. 51.302, | 
      
        |  | Government Code) . . . not to exceed $5; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; | 
      
        |  | (D)  to fund the preservation of court records | 
      
        |  | (Sec. 51.708, Government Code) . . . not more than $10; | 
      
        |  | (E)  to fund the construction, renovation, or | 
      
        |  | improvement of Rockwall County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.709, Government Code) . . . | 
      
        |  | not more than $15; [ and] | 
      
        |  | (F)  to fund the construction, renovation, or | 
      
        |  | improvement of Travis County court facilities, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.710, Government Code) . . . not | 
      
        |  | more than $15; | 
      
        |  | (G)  to fund the construction, renovation, or | 
      
        |  | improvement of Hidalgo County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; and | 
      
        |  | (H)  to fund the construction, renovation, or | 
      
        |  | improvement of Cameron County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; | 
      
        |  | (4)  for filing a suit, including an appeal from an | 
      
        |  | inferior court: | 
      
        |  | (A)  for a suit with 10 or fewer plaintiffs (Sec. | 
      
        |  | 51.317, Government Code) . . . $50; | 
      
        |  | (B)  for a suit with at least 11 but not more than | 
      
        |  | 25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
        |  | (C)  for a suit with at least 26 but not more than | 
      
        |  | 100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
        |  | (D)  for a suit with at least 101 but not more than | 
      
        |  | 500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
        |  | (E)  for a suit with at least 501 but not more than | 
      
        |  | 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
        |  | (F)  for a suit with more than 1,000 plaintiffs | 
      
        |  | (Sec. 51.317, Government Code) . . . $200; | 
      
        |  | (5)  for filing a cross-action, counterclaim, | 
      
        |  | intervention, contempt action, motion for new trial, or third-party | 
      
        |  | petition (Sec. 51.317, Government Code) . . . $15; | 
      
        |  | (6)  for issuing a citation or other writ or process not | 
      
        |  | otherwise provided for, including one copy, when requested at the | 
      
        |  | time a suit or action is filed (Sec. 51.317, Government Code) . . . | 
      
        |  | $8; | 
      
        |  | (7)  for records management and preservation (Sec. | 
      
        |  | 51.317, Government Code) . . . $10; | 
      
        |  | (7-a)  for district court records archiving, if adopted | 
      
        |  | by the county commissioners court (Sec. 51.317(b)(5), Government | 
      
        |  | Code) . . . not more than $10; | 
      
        |  | (8)  for issuing a subpoena, including one copy (Sec. | 
      
        |  | 51.318, Government Code) . . . $8; | 
      
        |  | (9)  for issuing a citation, commission for deposition, | 
      
        |  | writ of execution, order of sale, writ of execution and order of | 
      
        |  | sale, writ of injunction, writ of garnishment, writ of attachment, | 
      
        |  | or writ of sequestration not provided for in Section 51.317, or any | 
      
        |  | other writ or process not otherwise provided for, including one | 
      
        |  | copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
        |  | (10)  for searching files or records to locate a cause | 
      
        |  | when the docket number is not provided (Sec. 51.318, Government | 
      
        |  | Code) . . . $5; | 
      
        |  | (11)  for searching files or records to ascertain the | 
      
        |  | existence of an instrument or record in the district clerk's office | 
      
        |  | (Sec. 51.318, Government Code) . . . $5; | 
      
        |  | (12)  for abstracting a judgment (Sec. 51.318, | 
      
        |  | Government Code) . . . $8; | 
      
        |  | (13)  for approving a bond (Sec. 51.318, Government | 
      
        |  | Code) . . . $4; | 
      
        |  | (14)  for a certified copy of a record, judgment, | 
      
        |  | order, pleading, or paper on file or of record in the district | 
      
        |  | clerk's office, including certificate and seal, for each page or | 
      
        |  | part of a page (Sec. 51.318, Government Code) . . . not to exceed | 
      
        |  | $1; | 
      
        |  | (15)  for a noncertified copy, for each page or part of | 
      
        |  | a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
        |  | (16)  fee for performing a service: | 
      
        |  | (A)  related to the matter of the estate of a | 
      
        |  | deceased person (Sec. 51.319, Government Code) . . . the same fee | 
      
        |  | allowed the county clerk for those services; | 
      
        |  | (B)  related to the matter of a minor (Sec. | 
      
        |  | 51.319, Government Code) . . . the same fee allowed the county | 
      
        |  | clerk for the service; | 
      
        |  | (C)  of serving process by certified or registered | 
      
        |  | mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or | 
      
        |  | constable is authorized to charge for the service under Section | 
      
        |  | 118.131, Local Government Code; [ and] | 
      
        |  | (D)  prescribed or authorized by law but for which | 
      
        |  | no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | 
      
        |  | and | 
      
        |  | (E)  related to a matter filed in a statutory | 
      
        |  | county court (Sec. 51.319, Government Code) . . . the same fees | 
      
        |  | allowed the district clerk for those services in the district | 
      
        |  | court; | 
      
        |  | (17)  jury fee (Sec. 51.604, Government Code) . . . $40 | 
      
        |  | [ $30]; | 
      
        |  | (18)  additional filing fee for family protection on | 
      
        |  | filing a suit for dissolution of a marriage under Chapter 6, Family | 
      
        |  | Code (Sec. 51.961, Government Code) . . . not to exceed $15; | 
      
        |  | (19)  at a hearing held by an associate judge appointed | 
      
        |  | under Subchapter B, Chapter 54A, Government Code, a court cost to | 
      
        |  | preserve the record, in the absence of a court reporter, by any | 
      
        |  | means approved by the associate judge (Sec. 54A.110, Government | 
      
        |  | Code) . . . as assessed by the referring court or associate judge; | 
      
        |  | and | 
      
        |  | (20)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | (b)  Section 101.0611, Government Code, as amended by | 
      
        |  | Section 2.03, Chapter 927 (H.B. 1513), Acts of the 83rd | 
      
        |  | Legislature, Regular Session, 2013, effective September 1, 2019, is | 
      
        |  | amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, and is further | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.0611.  DISTRICT COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a district court shall collect fees and costs | 
      
        |  | under the Government Code as follows: | 
      
        |  | (1)  appellate judicial system filing fees for: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  when administering a case for the Rockwall County | 
      
        |  | Court at Law (Sec. 25.2012, Government Code) . . . civil fees and | 
      
        |  | court costs as if the case had been filed in district court; | 
      
        |  | (3)  additional filing fees: | 
      
        |  | (A)  for each suit filed for insurance contingency | 
      
        |  | fund, if authorized by the county commissioners court (Sec. 51.302, | 
      
        |  | Government Code) . . . not to exceed $5; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; | 
      
        |  | (D)  to fund the preservation of court records | 
      
        |  | (Sec. 51.708, Government Code) . . . not more than $10; | 
      
        |  | (E)  to fund the construction, renovation, or | 
      
        |  | improvement of Rockwall County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.709, Government Code) . . . | 
      
        |  | not more than $15; [ and] | 
      
        |  | (F)  to fund the construction, renovation, or | 
      
        |  | improvement of Travis County court facilities, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.710, Government Code) . . . not | 
      
        |  | more than $15; | 
      
        |  | (G)  to fund the construction, renovation, or | 
      
        |  | improvement of Hidalgo County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; and | 
      
        |  | (H)  to fund the construction, renovation, or | 
      
        |  | improvement of Cameron County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; | 
      
        |  | (4)  for filing a suit, including an appeal from an | 
      
        |  | inferior court: | 
      
        |  | (A)  for a suit with 10 or fewer plaintiffs (Sec. | 
      
        |  | 51.317, Government Code) . . . $50; | 
      
        |  | (B)  for a suit with at least 11 but not more than | 
      
        |  | 25 plaintiffs (Sec. 51.317, Government Code) . . . $75; | 
      
        |  | (C)  for a suit with at least 26 but not more than | 
      
        |  | 100 plaintiffs (Sec. 51.317, Government Code) . . . $100; | 
      
        |  | (D)  for a suit with at least 101 but not more than | 
      
        |  | 500 plaintiffs (Sec. 51.317, Government Code) . . . $125; | 
      
        |  | (E)  for a suit with at least 501 but not more than | 
      
        |  | 1,000 plaintiffs (Sec. 51.317, Government Code) . . . $150; or | 
      
        |  | (F)  for a suit with more than 1,000 plaintiffs | 
      
        |  | (Sec. 51.317, Government Code) . . . $200; | 
      
        |  | (5)  for filing a cross-action, counterclaim, | 
      
        |  | intervention, contempt action, motion for new trial, or third-party | 
      
        |  | petition (Sec. 51.317, Government Code) . . . $15; | 
      
        |  | (6)  for issuing a citation or other writ or process not | 
      
        |  | otherwise provided for, including one copy, when requested at the | 
      
        |  | time a suit or action is filed (Sec. 51.317, Government Code) . . . | 
      
        |  | $8; | 
      
        |  | (7)  for records management and preservation (Sec. | 
      
        |  | 51.317, Government Code) . . . $10; | 
      
        |  | (7-a)  for district court records archiving, if adopted | 
      
        |  | by the county commissioners court (Sec. 51.317(b)(5), Government | 
      
        |  | Code) . . . not more than $5; | 
      
        |  | (8)  for issuing a subpoena, including one copy (Sec. | 
      
        |  | 51.318, Government Code) . . . $8; | 
      
        |  | (9)  for issuing a citation, commission for deposition, | 
      
        |  | writ of execution, order of sale, writ of execution and order of | 
      
        |  | sale, writ of injunction, writ of garnishment, writ of attachment, | 
      
        |  | or writ of sequestration not provided for in Section 51.317, or any | 
      
        |  | other writ or process not otherwise provided for, including one | 
      
        |  | copy if required by law (Sec. 51.318, Government Code) . . . $8; | 
      
        |  | (10)  for searching files or records to locate a cause | 
      
        |  | when the docket number is not provided (Sec. 51.318, Government | 
      
        |  | Code) . . . $5; | 
      
        |  | (11)  for searching files or records to ascertain the | 
      
        |  | existence of an instrument or record in the district clerk's office | 
      
        |  | (Sec. 51.318, Government Code) . . . $5; | 
      
        |  | (12)  for abstracting a judgment (Sec. 51.318, | 
      
        |  | Government Code) . . . $8; | 
      
        |  | (13)  for approving a bond (Sec. 51.318, Government | 
      
        |  | Code) . . . $4; | 
      
        |  | (14)  for a certified copy of a record, judgment, | 
      
        |  | order, pleading, or paper on file or of record in the district | 
      
        |  | clerk's office, including certificate and seal, for each page or | 
      
        |  | part of a page (Sec. 51.318, Government Code) . . . not to exceed | 
      
        |  | $1; | 
      
        |  | (15)  for a noncertified copy, for each page or part of | 
      
        |  | a page (Sec. 51.318, Government Code) . . . not to exceed $1; | 
      
        |  | (16)  fee for performing a service: | 
      
        |  | (A)  related to the matter of the estate of a | 
      
        |  | deceased person (Sec. 51.319, Government Code) . . . the same fee | 
      
        |  | allowed the county clerk for those services; | 
      
        |  | (B)  related to the matter of a minor (Sec. | 
      
        |  | 51.319, Government Code) . . . the same fee allowed the county | 
      
        |  | clerk for the service; | 
      
        |  | (C)  of serving process by certified or registered | 
      
        |  | mail (Sec. 51.319, Government Code) . . . the same fee a sheriff or | 
      
        |  | constable is authorized to charge for the service under Section | 
      
        |  | 118.131, Local Government Code; [ and] | 
      
        |  | (D)  prescribed or authorized by law but for which | 
      
        |  | no fee is set (Sec. 51.319, Government Code) . . . a reasonable fee; | 
      
        |  | and | 
      
        |  | (E)  related to a matter filed in a statutory | 
      
        |  | county court (Sec. 51.319, Government Code) . . . the same fees | 
      
        |  | allowed the district clerk for those services in the district | 
      
        |  | court; | 
      
        |  | (17)  jury fee (Sec. 51.604, Government Code) . . . $40 | 
      
        |  | [ $30]; | 
      
        |  | (18)  additional filing fee for family protection on | 
      
        |  | filing a suit for dissolution of a marriage under Chapter 6, Family | 
      
        |  | Code (Sec. 51.961, Government Code) . . . not to exceed $15; | 
      
        |  | (19)  at a hearing held by an associate judge appointed | 
      
        |  | under Subchapter B, Chapter 54A, Government Code, a court cost to | 
      
        |  | preserve the record, in the absence of a court reporter, by any | 
      
        |  | means approved by the associate judge (Sec. 54A.110, Government | 
      
        |  | Code) . . . as assessed by the referring court or associate judge; | 
      
        |  | and | 
      
        |  | (20)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | (c)  Section 101.061192, Government Code, is repealed. | 
      
        |  | SECTION 8.104.  Section 101.0616, Government Code, is | 
      
        |  | amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.0616.  DISTRICT COURT FEES AND COSTS:  ESTATES | 
      
        |  | CODE.  The clerk of a district court shall collect fees and costs | 
      
        |  | under the Estates Code as follows: | 
      
        |  | (1)  security deposit on filing, by any person other | 
      
        |  | than the personal representative of an estate, an application, | 
      
        |  | complaint, or opposition in relation to the estate, if required by | 
      
        |  | the clerk (Sec. 53.052, Estates Code) . . . probable cost of the | 
      
        |  | proceeding; | 
      
        |  | (2)  [ fee on filing an application, complaint,  | 
      
        |  | petition, or other paper in a guardianship proceeding, which  | 
      
        |  | includes a deposit for payment to an attorney ad litem (Sec.  | 
      
        |  | 1052.051, Estates Code) . . . cost of filing and payment of  | 
      
        |  | attorney ad litem; | 
      
        |  | [ (3)]  security deposit on filing, by any person other | 
      
        |  | than the guardian, attorney ad litem, or guardian ad litem, an | 
      
        |  | application, complaint, or opposition in relation to a guardianship | 
      
        |  | matter, if required by the clerk (Sec. 1053.052, Estates Code) | 
      
        |  | . . . probable cost of the guardianship proceeding; | 
      
        |  | (3) [ (4)]  nonrefundable fee to cover the cost of | 
      
        |  | administering Subchapter G, Chapter 1104, Estates Code (Sec. | 
      
        |  | 1104.303, Estates Code) . . . $40; and | 
      
        |  | (4) [ (5)]  costs for attorney ad litem appointed to | 
      
        |  | pursue the restoration of a ward's capacity or modification of the | 
      
        |  | ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable | 
      
        |  | compensation. | 
      
        |  | SECTION 8.105.  (a)  Section 101.0811, Government Code, is | 
      
        |  | amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, and is further | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.0811.  STATUTORY COUNTY COURT FEES AND COSTS: | 
      
        |  | GOVERNMENT CODE.  The clerk of a statutory county court shall | 
      
        |  | collect fees and costs under the Government Code as follows: | 
      
        |  | (1)  appellate judicial system filing fees: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  an official court reporter fee, County Court at | 
      
        |  | Law No. 2 of Bexar County (Sec. 25.0172, Government Code) . . . $3; | 
      
        |  | (3)  in Brazoria County, in matters of concurrent | 
      
        |  | jurisdiction with the district court, fees (Sec. 25.0222, | 
      
        |  | Government Code) . . . as prescribed by law for district judges | 
      
        |  | according to the nature of the matter; | 
      
        |  | (4)  a court reporter fee when testimony is taken in a | 
      
        |  | county court at law in McLennan County (Sec. 25.1572, Government | 
      
        |  | Code) . . . $3; | 
      
        |  | (5)  a stenographer fee, if a record or part of a record | 
      
        |  | is made: | 
      
        |  | (A)  in a county court at law in Hidalgo County | 
      
        |  | (Sec. 25.1102, Government Code) . . . $20; and | 
      
        |  | (B)  in the 1st Multicounty Court at Law (Sec. | 
      
        |  | 25.2702, Government Code) . . . $25; | 
      
        |  | (6)  jury fee (Sec. 51.604, Government Code) . . . $40 | 
      
        |  | [ $22]; | 
      
        |  | (7)  an additional filing fee: | 
      
        |  | (A)  for each civil case filed to be used for | 
      
        |  | court-related purposes for the support of the judiciary (Sec. | 
      
        |  | 51.702, Government Code) . . . $40; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; | 
      
        |  | (D)  to fund the preservation of court records | 
      
        |  | (Sec. 51.708, Government Code) . . . not more than $10; | 
      
        |  | (E)  to fund the construction, renovation, or | 
      
        |  | improvement of Rockwall County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.709, Government Code) . . . | 
      
        |  | not more than $15; [ and] | 
      
        |  | (F)  to fund the construction, renovation, or | 
      
        |  | improvement of Travis County court facilities, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.710, Government Code) . . . not | 
      
        |  | more than $15; | 
      
        |  | (G)  to fund the construction, renovation, or | 
      
        |  | improvement of Hidalgo County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; and | 
      
        |  | (H)  to fund the construction, renovation, or | 
      
        |  | improvement of Cameron County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; | 
      
        |  | (8)  the official court reporter's fee taxed as costs in | 
      
        |  | civil actions in a statutory county court: | 
      
        |  | (A)  in Bexar County Courts at Law Nos. 3, 4, 5, 6, | 
      
        |  | 7, 8, 9, 10, 11, 12, 13, 14, and 15 (Sec. 25.0172, Government Code) | 
      
        |  | . . . taxed in the same manner as the fee is taxed in district | 
      
        |  | court; | 
      
        |  | (B)  in Galveston County (Sec. 25.0862, | 
      
        |  | Government Code) . . . taxed in the same manner as the fee is taxed | 
      
        |  | in civil cases in the district courts; [ and] | 
      
        |  | (C)  in Harris County (Sec. 25.1032, Government | 
      
        |  | Code) . . . taxed in the same manner as the fee is taxed in civil | 
      
        |  | cases in the district courts; and | 
      
        |  | (D)  in Parker County (Sec. 25.1862, Government | 
      
        |  | Code) . . . taxed in the same manner as the fee is taxed in civil | 
      
        |  | cases in the district courts; | 
      
        |  | (9)  in Nueces County, in matters of concurrent | 
      
        |  | jurisdiction with the district court, with certain exceptions, fees | 
      
        |  | (Sec. 25.1802, Government Code) . . . equal to those in district | 
      
        |  | court cases; | 
      
        |  | (10)  a fee not otherwise listed in this subchapter | 
      
        |  | that is required to be collected under Section 25.0008, Government | 
      
        |  | Code, in a county other than Brazos, Cameron, Ellis, Guadalupe, | 
      
        |  | Harris, Henderson, Liberty, Moore, Nolan, Panola, Parker, Starr, | 
      
        |  | Victoria, and Williamson . . . as prescribed by law relating to | 
      
        |  | county judges' fees; | 
      
        |  | (11)  at a hearing held by an associate judge appointed | 
      
        |  | under Subchapter B, Chapter 54A, Government Code, a court cost to | 
      
        |  | preserve the record, in the absence of a court reporter, by any | 
      
        |  | means approved by the associate judge (Sec. 54A.110, Government | 
      
        |  | Code) . . . as assessed by the referring court or associate judge; | 
      
        |  | and | 
      
        |  | (12)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | (b)  Section 101.081191, Government Code, is repealed. | 
      
        |  | SECTION 8.106.  Section 101.0814, Government Code, is | 
      
        |  | amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.0814.  STATUTORY COUNTY COURT FEES AND COSTS: | 
      
        |  | LOCAL GOVERNMENT CODE.  The clerk of a statutory county court shall | 
      
        |  | collect fees and costs under the Local Government Code as follows: | 
      
        |  | (1)  additional filing fee to fund contingency fund for | 
      
        |  | liability insurance, if authorized by the county commissioners | 
      
        |  | court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
        |  | (2)  civil court actions (Sec. 118.052, Local | 
      
        |  | Government Code): | 
      
        |  | (A)  filing of original action (Secs. 118.052 and | 
      
        |  | 118.053, Local Government Code): | 
      
        |  | (i)  garnishment after judgment (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $15; and | 
      
        |  | (ii)  all others (Sec. 118.052, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (B)  filing of action other than original (Secs. | 
      
        |  | 118.052 and 118.054, Local Government Code) . . . $30; and | 
      
        |  | (C)  services rendered after judgment in original | 
      
        |  | action (Secs. 118.052 and 118.0545, Local Government Code): | 
      
        |  | (i)  abstract of judgment (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $5; and | 
      
        |  | (ii)  execution, order of sale, writ, or | 
      
        |  | other process (Sec. 118.052, Local Government Code) . . . $5; | 
      
        |  | (3)  probate court actions (Sec. 118.052, Local | 
      
        |  | Government Code): | 
      
        |  | (A)  probate original action (Secs. 118.052 and | 
      
        |  | 118.055, Local Government Code): | 
      
        |  | (i)  probate of a will with independent | 
      
        |  | executor, administration with will attached, administration of an | 
      
        |  | estate, guardianship or receivership of an estate, or muniment of | 
      
        |  | title (Sec. 118.052, Local Government Code) . . . $40; | 
      
        |  | (ii)  community survivors (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $40; | 
      
        |  | (iii)  small estates (Sec. 118.052, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (iv)  declarations of heirship (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $40; | 
      
        |  | (v)  mental health or chemical dependency | 
      
        |  | services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
        |  | (vi)  additional, special fee (Secs. 118.052 | 
      
        |  | and 118.064, Local Government Code) . . . $5; | 
      
        |  | (B)  services in pending probate action (Secs. | 
      
        |  | 118.052 and 118.056, Local Government Code): | 
      
        |  | (i)  filing an inventory and appraisement | 
      
        |  | (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
        |  | (ii)  approving and recording bond (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $3; | 
      
        |  | (iii)  administering oath (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $2; | 
      
        |  | (iv)  filing annual or final account of | 
      
        |  | estate (Sec. 118.052, Local Government Code) . . . $25; | 
      
        |  | (v)  filing application for sale of real or | 
      
        |  | personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
        |  | (vi)  filing annual or final report of | 
      
        |  | guardian of a person (Sec. 118.052, Local Government Code) . . . | 
      
        |  | $10; and | 
      
        |  | (vii)  filing a document not listed under | 
      
        |  | this paragraph after the filing of an order approving the inventory | 
      
        |  | and appraisement or after the 120th day after the date of the | 
      
        |  | initial filing of the action, whichever occurs first (Secs. 118.052 | 
      
        |  | and 191.007, Local Government Code), if more than 25 pages . . . | 
      
        |  | $25; | 
      
        |  | (C)  adverse probate action (Secs. 118.052 and | 
      
        |  | 118.057, Local Government Code) . . . $40; | 
      
        |  | (D)  claim against estate (Secs. 118.052 and | 
      
        |  | 118.058, Local Government Code) . . . $10 [ $2]; | 
      
        |  | (E)  supplemental court-initiated guardianship | 
      
        |  | fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | 
      
        |  | and | 
      
        |  | (F)  supplemental public probate administrator | 
      
        |  | fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
        |  | (4)  other fees (Sec. 118.052, Local Government Code): | 
      
        |  | (A)  issuing document (Secs. 118.052 and 118.059, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  original document and one copy (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $4; and | 
      
        |  | (ii)  each additional set of an original and | 
      
        |  | one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
        |  | (B)  certified papers (Secs. 118.052 and 118.060, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  for the clerk's certificate (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $5; and | 
      
        |  | (ii)  a fee per page or part of a page (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $1; | 
      
        |  | (C)  noncertified papers, for each page or part of | 
      
        |  | a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | 
      
        |  | $1; | 
      
        |  | (D)  letters testamentary, letter of | 
      
        |  | guardianship, letter of administration, or abstract of judgment | 
      
        |  | (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
        |  | (E)  safekeeping of wills (Secs. 118.052 and | 
      
        |  | 118.062, Local Government Code) . . . $5; | 
      
        |  | (F)  mail service of process (Secs. 118.052 and | 
      
        |  | 118.063, Local Government Code) . . . same as sheriff; and | 
      
        |  | (G)  records management and preservation fee | 
      
        |  | (Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | 
      
        |  | . . . $5; | 
      
        |  | (5)  additional filing fee for filing any civil action | 
      
        |  | or proceeding requiring a filing fee, including an appeal, and on | 
      
        |  | the filing of any counterclaim, cross-action, intervention, | 
      
        |  | interpleader, or third-party action requiring a filing fee, to fund | 
      
        |  | civil legal services for the indigent (Sec. 133.153, Local | 
      
        |  | Government Code) . . . $10; | 
      
        |  | (6)  on the filing of a civil suit, an additional filing | 
      
        |  | fee to be used for court-related purposes for the support of the | 
      
        |  | judiciary (Sec. 133.154, Local Government Code) . . . $42; | 
      
        |  | (7)  additional filing fee to fund the courthouse | 
      
        |  | security fund, if authorized by the county commissioners court | 
      
        |  | (Sec. 291.008, Local Government Code) . . . not to exceed $5; | 
      
        |  | (8)  additional filing fee for filing documents not | 
      
        |  | subject to certain filing fees to fund the courthouse security | 
      
        |  | fund, if authorized by the county commissioners court (Sec. | 
      
        |  | 291.008, Local Government Code) . . . $1; | 
      
        |  | (9)  additional filing fee to fund the courthouse | 
      
        |  | security fund in Webb County, if authorized by the county | 
      
        |  | commissioners court (Sec. 291.009, Local Government Code) . . . not | 
      
        |  | to exceed $20; and | 
      
        |  | (10)  court cost in civil cases other than suits for | 
      
        |  | delinquent taxes to fund the county law library fund, if authorized | 
      
        |  | by the county commissioners court (Sec. 323.023, Local Government | 
      
        |  | Code) . . . not to exceed $35. | 
      
        |  | SECTION 8.107.  Section 101.0815, Government Code, is | 
      
        |  | amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.0815.  STATUTORY COUNTY COURT FEES AND COSTS: | 
      
        |  | ESTATES CODE.  The clerk of a statutory county court shall collect | 
      
        |  | fees and costs under the Estates Code as follows: | 
      
        |  | (1)  fee for deposit of a will with the county clerk | 
      
        |  | during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
        |  | (2)  security deposit on filing, by any person other | 
      
        |  | than the personal representative of an estate, an application, | 
      
        |  | complaint, or opposition in relation to the estate, if required by | 
      
        |  | the clerk (Sec. 53.052, Estates Code) . . . probable cost of the | 
      
        |  | proceeding; | 
      
        |  | (3)  [ fee on filing an application, complaint,  | 
      
        |  | petition, or other paper in a guardianship proceeding, which  | 
      
        |  | includes a deposit for payment to an attorney ad litem (Sec.  | 
      
        |  | 1052.051, Estates Code) . . . cost of filing and payment of  | 
      
        |  | attorney ad litem; | 
      
        |  | [ (4)]  security deposit on filing, by any person other | 
      
        |  | than the guardian, attorney ad litem, or guardian ad litem, an | 
      
        |  | application, complaint, or opposition in relation to a guardianship | 
      
        |  | matter, if required by the clerk (Sec. 1053.052, Estates Code) | 
      
        |  | . . . probable cost of the guardianship proceeding; | 
      
        |  | (4) [ (5)]  nonrefundable fee to cover the cost of | 
      
        |  | administering Subchapter G, Chapter 1104, Estates Code (Sec. | 
      
        |  | 1104.303, Estates Code) . . . $40; and | 
      
        |  | (5) [ (6)]  costs for attorney ad litem appointed to | 
      
        |  | pursue the restoration of a ward's capacity or modification of the | 
      
        |  | ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable | 
      
        |  | compensation. | 
      
        |  | SECTION 8.108.  (a)  Section 101.1011, Government Code, is | 
      
        |  | amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, and is further | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.1011.  STATUTORY PROBATE COURT FEES AND COSTS: | 
      
        |  | GOVERNMENT CODE.  The clerk of a statutory probate court shall | 
      
        |  | collect fees and costs under the Government Code as follows: | 
      
        |  | (1)  appellate judicial system filing fees: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  additional filing fees as follows: | 
      
        |  | (A)  for certain cases to be used for | 
      
        |  | court-related purposes for support of the judiciary (Sec. 51.704, | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (B)  to fund the improvement of Dallas County | 
      
        |  | civil court facilities, if authorized by the county commissioners | 
      
        |  | court (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B-1)  to fund the improvement of Bexar County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.706, Government Code) . . . not more than $15; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; | 
      
        |  | (D)  to fund the construction, renovation, or | 
      
        |  | improvement of Rockwall County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.709, Government Code) . . . | 
      
        |  | not more than $15; [ and] | 
      
        |  | (E)  to fund the construction, renovation, or | 
      
        |  | improvement of Travis County court facilities, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.710, Government Code) . . . not | 
      
        |  | more than $15; and | 
      
        |  | (F)  to fund the construction, renovation, or | 
      
        |  | improvement of Hidalgo County court facilities, if authorized by | 
      
        |  | the county commissioners court (Sec. 51.711, Government Code) . . . | 
      
        |  | not more than $20; | 
      
        |  | (3)  jury fee for civil case (Sec. 51.604, Government | 
      
        |  | Code) . . . $40 [ $22]; | 
      
        |  | (4)  the expense of preserving the record as a court | 
      
        |  | cost, if imposed on a party by the referring court or associate | 
      
        |  | judge (Sec. 54A.211, Government Code) . . . actual cost; | 
      
        |  | (5)  a fee not otherwise listed in this subchapter that | 
      
        |  | is required to be collected under Section 25.0029, Government Code | 
      
        |  | (Sec. 25.0029, Government Code) . . . as prescribed by law relating | 
      
        |  | to county judges' fees; and | 
      
        |  | (6)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | (b)  Section 101.10119, Government Code, is repealed. | 
      
        |  | SECTION 8.109.  Section 101.1013, Government Code, is | 
      
        |  | amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.1013.  STATUTORY PROBATE COURT FEES AND COSTS: | 
      
        |  | LOCAL GOVERNMENT CODE.  The clerk of a statutory probate court shall | 
      
        |  | collect fees and costs under the Local Government Code as follows: | 
      
        |  | (1)  additional filing fee for filing any civil action | 
      
        |  | or proceeding requiring a filing fee, including an appeal, and on | 
      
        |  | the filing of any counterclaim, cross-action, intervention, | 
      
        |  | interpleader, or third-party action requiring a filing fee to fund | 
      
        |  | civil legal services for the indigent (Sec. 133.153, Local | 
      
        |  | Government Code) . . . $10; | 
      
        |  | (2)  additional filing fee to fund contingency fund for | 
      
        |  | liability insurance, if authorized by the county commissioners | 
      
        |  | court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
        |  | (3)  probate court actions (Sec. 118.052, Local | 
      
        |  | Government Code): | 
      
        |  | (A)  probate original action (Secs. 118.052 and | 
      
        |  | 118.055, Local Government Code): | 
      
        |  | (i)  probate of a will with independent | 
      
        |  | executor, administration with will attached, administration of an | 
      
        |  | estate, guardianship or receivership of an estate, or muniment of | 
      
        |  | title (Sec. 118.052, Local Government Code) . . . $40; | 
      
        |  | (ii)  community survivors (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $40; | 
      
        |  | (iii)  small estates (Sec. 118.052, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (iv)  declarations of heirship (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $40; | 
      
        |  | (v)  mental health or chemical dependency | 
      
        |  | services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
        |  | (vi)  additional, special fee (Secs. 118.052 | 
      
        |  | and 118.064, Local Government Code) . . . $5; | 
      
        |  | (B)  services in pending probate action (Secs. | 
      
        |  | 118.052 and 118.056, Local Government Code): | 
      
        |  | (i)  filing an inventory and appraisement | 
      
        |  | (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
        |  | (ii)  approving and recording bond (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $3; | 
      
        |  | (iii)  administering oath (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $2; | 
      
        |  | (iv)  filing annual or final account of | 
      
        |  | estate (Sec. 118.052, Local Government Code). . . $25; | 
      
        |  | (v)  filing application for sale of real or | 
      
        |  | personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
        |  | (vi)  filing annual or final report of | 
      
        |  | guardian of a person (Sec. 118.052, Local Government Code) . . . | 
      
        |  | $10; and | 
      
        |  | (vii)  filing a document not listed under | 
      
        |  | this paragraph after the filing of an order approving the inventory | 
      
        |  | and appraisement or after the 120th day after the date of the | 
      
        |  | initial filing of the action, whichever occurs first (Secs. 118.052 | 
      
        |  | and 191.007, Local Government Code), if more than 25 pages . . . | 
      
        |  | $25; | 
      
        |  | (C)  adverse probate action (Secs. 118.052 and | 
      
        |  | 118.057, Local Government Code) . . . $40; | 
      
        |  | (D)  claim against estate (Secs. 118.052 and | 
      
        |  | 118.058, Local Government Code) . . . $10 [ $2]; | 
      
        |  | (E)  supplemental court-initiated guardianship | 
      
        |  | fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | 
      
        |  | and | 
      
        |  | (F)  supplemental public probate administrator | 
      
        |  | fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
        |  | (4)  other fees (Sec. 118.052, Local Government Code): | 
      
        |  | (A)  issuing document (Secs. 118.052 and 118.059, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  original document and one copy (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $4; and | 
      
        |  | (ii)  each additional set of an original and | 
      
        |  | one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
        |  | (B)  certified papers (Secs. 118.052 and 118.060, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  for the clerk's certificate (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $5; and | 
      
        |  | (ii)  a fee per page or part of a page (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $1; | 
      
        |  | (C)  noncertified papers, for each page or part of | 
      
        |  | a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | 
      
        |  | $1; | 
      
        |  | (D)  letters testamentary, letter of | 
      
        |  | guardianship, letter of administration, or abstract of judgment | 
      
        |  | (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
        |  | (E)  safekeeping of wills (Secs. 118.052 and | 
      
        |  | 118.062, Local Government Code) . . . $5; | 
      
        |  | (F)  mail service of process (Secs. 118.052 and | 
      
        |  | 118.063, Local Government Code) . . . same as sheriff; and | 
      
        |  | (G)  records management and preservation fee | 
      
        |  | (Secs. 118.052 and 118.0645, Local Government Code) . . . $5; and | 
      
        |  | (5)  court cost in civil cases other than suits for | 
      
        |  | delinquent taxes to fund the county law library fund, if authorized | 
      
        |  | by the county commissioners court (Sec. 323.023, Local Government | 
      
        |  | Code) . . . not to exceed $35. | 
      
        |  | SECTION 8.110.  Section 101.1014, Government Code, is | 
      
        |  | amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.1014.  STATUTORY PROBATE COURT FEES AND COSTS: | 
      
        |  | ESTATES CODE.  The clerk of a statutory probate court shall collect | 
      
        |  | fees and costs under the Estates Code as follows: | 
      
        |  | (1)  fee for deposit of a will with the county clerk | 
      
        |  | during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
        |  | (2)  security deposit on filing, by any person other | 
      
        |  | than the personal representative of an estate, an application, | 
      
        |  | complaint, or opposition in relation to the estate, if required by | 
      
        |  | the clerk (Sec. 53.052, Estates Code) . . . probable cost of the | 
      
        |  | proceeding; | 
      
        |  | (3)  [ fee on filing an application, complaint,  | 
      
        |  | petition, or other paper in a guardianship proceeding, which  | 
      
        |  | includes a deposit for payment to an attorney ad litem (Sec.  | 
      
        |  | 1052.051, Estates Code) . . . cost of filing and payment of  | 
      
        |  | attorney ad litem; | 
      
        |  | [ (4)]  security deposit on filing, by any person other | 
      
        |  | than the guardian, attorney ad litem, or guardian ad litem, an | 
      
        |  | application, complaint, or opposition in relation to a guardianship | 
      
        |  | matter, if required by the clerk (Sec. 1053.052, Estates Code) | 
      
        |  | . . . probable cost of the guardianship proceeding; | 
      
        |  | (4) [ (5)]  nonrefundable fee to cover the cost of | 
      
        |  | administering Subchapter G, Chapter 1104, Estates Code (Sec. | 
      
        |  | 1104.303, Estates Code) . . . $40; and | 
      
        |  | (5) [ (6)]  costs for attorney ad litem appointed to | 
      
        |  | pursue the restoration of a ward's capacity or modification of the | 
      
        |  | ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable | 
      
        |  | compensation. | 
      
        |  | SECTION 8.111.  Section 101.121, Government Code, is amended | 
      
        |  | to conform to Chapter 763 (S.B. 1035), Acts of the 83rd Legislature, | 
      
        |  | Regular Session, 2013, to read as follows: | 
      
        |  | Sec. 101.121.  COUNTY COURT FEES AND COSTS:  ALCOHOLIC | 
      
        |  | BEVERAGE CODE.  The clerk of a county court shall collect a fee of | 
      
        |  | $25 [ $5] under Section 61.31, Alcoholic Beverage Code, for hearing | 
      
        |  | on application for a license to manufacture, distribute, store, or | 
      
        |  | sell beer. | 
      
        |  | SECTION 8.112.  Section 101.1212, Government Code, is | 
      
        |  | amended to conform to Chapters 654 (H.B. 2182) and 1182 (S.B. 1139), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, to read as | 
      
        |  | follows: | 
      
        |  | Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a county court shall collect the following fees | 
      
        |  | and costs under the Government Code: | 
      
        |  | (1)  appellate judicial system filing fees: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $5; | 
      
        |  | (C)  Third Court of Appeals District (Sec. | 
      
        |  | 22.2041, Government Code) . . . $5; | 
      
        |  | (D)  Fourth Court of Appeals District (Sec. | 
      
        |  | 22.2051, Government Code) . . . not more than $5; | 
      
        |  | (E)  Fifth Court of Appeals District (Sec. | 
      
        |  | 22.2061, Government Code) . . . not more than $5; | 
      
        |  | (E-1)  Sixth Court of Appeals District (Sec. | 
      
        |  | 22.2071, Government Code) . . . $5; | 
      
        |  | (E-2)  Seventh Court of Appeals District (Sec. | 
      
        |  | 22.2081, Government Code) . . . $5; | 
      
        |  | (E-3)  Eighth Court of Appeals District (Sec. | 
      
        |  | 22.2091, Government Code) . . . $5; | 
      
        |  | (F)  Ninth Court of Appeals District (Sec. | 
      
        |  | 22.2101, Government Code) . . . $5; | 
      
        |  | (G)  Eleventh Court of Appeals District (Sec. | 
      
        |  | 22.2121, Government Code) . . . $5; | 
      
        |  | (G-1)  Twelfth Court of Appeals District (Sec. | 
      
        |  | 22.2131, Government Code) . . . $5; and | 
      
        |  | (H)  Thirteenth Court of Appeals District (Sec. | 
      
        |  | 22.2141, Government Code) . . . not more than $5; | 
      
        |  | (2)  a jury fee (Sec. 51.604, Government Code) . . . | 
      
        |  | $40 [ $22]; | 
      
        |  | (3)  a filing fee in each civil case filed to be used | 
      
        |  | for court-related purposes for the support of the judiciary (Sec. | 
      
        |  | 51.703, Government Code) . . . $40; | 
      
        |  | (4)  a filing fee to fund the preservation of court | 
      
        |  | records (Sec. 51.708, Government Code) . . . not more than $10; and | 
      
        |  | (5)  a statewide electronic filing system fund fee | 
      
        |  | (Sec. 51.851, Government Code) . . . $30 [ $20]. | 
      
        |  | SECTION 8.113.  Section 101.1214, Government Code, is | 
      
        |  | amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.1214.  COUNTY COURT FEES AND COSTS:  LOCAL | 
      
        |  | GOVERNMENT CODE.  The clerk of a county court shall collect the | 
      
        |  | following fees and costs under the Local Government Code: | 
      
        |  | (1)  additional filing fee to fund contingency fund for | 
      
        |  | liability insurance, if authorized by the county commissioners | 
      
        |  | court (Sec. 82.003, Local Government Code) . . . not to exceed $5; | 
      
        |  | (2)  civil court actions (Sec. 118.052, Local | 
      
        |  | Government Code): | 
      
        |  | (A)  filing of original action (Secs. 118.052 and | 
      
        |  | 118.053, Local Government Code): | 
      
        |  | (i)  garnishment after judgment (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $15; and | 
      
        |  | (ii)  all others (Sec. 118.052, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (B)  filing of action other than original (Secs. | 
      
        |  | 118.052 and 118.054, Local Government Code) . . . $30; and | 
      
        |  | (C)  services rendered after judgment in original | 
      
        |  | action (Secs. 118.052 and 118.0545, Local Government Code): | 
      
        |  | (i)  abstract of judgment (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $5; and | 
      
        |  | (ii)  execution, order of sale, writ, or | 
      
        |  | other process (Sec. 118.052, Local Government Code) . . . $5; | 
      
        |  | (3)  probate court actions (Sec. 118.052, Local | 
      
        |  | Government Code): | 
      
        |  | (A)  probate original action (Secs. 118.052 and | 
      
        |  | 118.055, Local Government Code): | 
      
        |  | (i)  probate of a will with independent | 
      
        |  | executor, administration with will attached, administration of an | 
      
        |  | estate, guardianship or receivership of an estate, or muniment of | 
      
        |  | title (Sec. 118.052, Local Government Code) . . . $40; | 
      
        |  | (ii)  community survivors (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $40; | 
      
        |  | (iii)  small estates (Sec. 118.052, Local | 
      
        |  | Government Code) . . . $40; | 
      
        |  | (iv)  declarations of heirship (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $40; | 
      
        |  | (v)  mental health or chemical dependency | 
      
        |  | services (Sec. 118.052, Local Government Code) . . . $40; and | 
      
        |  | (vi)  additional, special fee (Secs. 118.052 | 
      
        |  | and 118.064, Local Government Code) . . . $5; | 
      
        |  | (B)  services in pending probate action (Secs. | 
      
        |  | 118.052 and 118.056, Local Government Code): | 
      
        |  | (i)  filing an inventory and appraisement | 
      
        |  | (Secs. 118.052 and 118.056(d), Local Government Code) . . . $25; | 
      
        |  | (ii)  approving and recording bond (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $3; | 
      
        |  | (iii)  administering oath (Sec. 118.052, | 
      
        |  | Local Government Code) . . . $2; | 
      
        |  | (iv)  filing annual or final account of | 
      
        |  | estate (Sec. 118.052, Local Government Code) . . . $25; | 
      
        |  | (v)  filing application for sale of real or | 
      
        |  | personal property (Sec. 118.052, Local Government Code) . . . $25; | 
      
        |  | (vi)  filing annual or final report of | 
      
        |  | guardian of a person (Sec. 118.052, Local Government Code) . . . | 
      
        |  | $10; and | 
      
        |  | (vii)  filing a document not listed under | 
      
        |  | this paragraph after the filing of an order approving the inventory | 
      
        |  | and appraisement or after the 120th day after the date of the | 
      
        |  | initial filing of the action, whichever occurs first (Secs. 118.052 | 
      
        |  | and 191.007, Local Government Code), if more than 25 pages . . . | 
      
        |  | $25; | 
      
        |  | (C)  adverse probate action (Secs. 118.052 and | 
      
        |  | 118.057, Local Government Code) . . . $40; | 
      
        |  | (D)  claim against estate (Secs. 118.052 and | 
      
        |  | 118.058, Local Government Code) . . . $10 [ $2]; | 
      
        |  | (E)  supplemental court-initiated guardianship | 
      
        |  | fee (Secs. 118.052 and 118.067, Local Government Code) . . . $20; | 
      
        |  | and | 
      
        |  | (F)  supplemental public probate administrator | 
      
        |  | fee (Secs. 118.052 and 118.068, Local Government Code) . . . $10; | 
      
        |  | (4)  other fees (Sec. 118.052, Local Government Code): | 
      
        |  | (A)  issuing document (Secs. 118.052 and 118.059, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  original document and one copy (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $4; and | 
      
        |  | (ii)  each additional set of an original and | 
      
        |  | one copy (Sec. 118.052, Local Government Code) . . . $4; | 
      
        |  | (B)  certified papers (Secs. 118.052 and 118.060, | 
      
        |  | Local Government Code): | 
      
        |  | (i)  for the clerk's certificate (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $5; and | 
      
        |  | (ii)  a fee per page or part of a page (Sec. | 
      
        |  | 118.052, Local Government Code) . . . $1; | 
      
        |  | (C)  noncertified papers, for each page or part of | 
      
        |  | a page (Secs. 118.052 and 118.0605, Local Government Code) . . . | 
      
        |  | $1; | 
      
        |  | (D)  letters testamentary, letter of | 
      
        |  | guardianship, letter of administration, or abstract of judgment | 
      
        |  | (Secs. 118.052 and 118.061, Local Government Code) . . . $2; | 
      
        |  | (E)  safekeeping of wills (Secs. 118.052 and | 
      
        |  | 118.062, Local Government Code) . . . $5; | 
      
        |  | (F)  mail service of process (Secs. 118.052 and | 
      
        |  | 118.063, Local Government Code) . . . same as sheriff; and | 
      
        |  | (G)  records management and preservation fee | 
      
        |  | (Secs. 118.052, 118.0546, and 118.0645, Local Government Code) | 
      
        |  | . . . $5; | 
      
        |  | (5)  deposit on filing petition requesting permission | 
      
        |  | to create a municipal civic center authority (Sec. 281.013, Local | 
      
        |  | Government Code) . . . $200; | 
      
        |  | (6)  additional filing fee to fund the courthouse | 
      
        |  | security fund, if authorized by the county commissioners court | 
      
        |  | (Sec. 291.008, Local Government Code) . . . not to exceed $5; | 
      
        |  | (7)  additional filing fee for filing documents not | 
      
        |  | subject to certain filing fees to fund the courthouse security | 
      
        |  | fund, if authorized by the county commissioners court (Sec. | 
      
        |  | 291.008, Local Government Code) . . . $1; | 
      
        |  | (8)  additional filing fee to fund the courthouse | 
      
        |  | security fund in Webb County, if authorized by the county | 
      
        |  | commissioners court (Sec. 291.009, Local Government Code) . . . not | 
      
        |  | to exceed $20; | 
      
        |  | (9)  court cost in civil cases other than suits for | 
      
        |  | delinquent taxes to fund the county law library fund, if authorized | 
      
        |  | by the county commissioners court (Sec. 323.023, Local Government | 
      
        |  | Code) . . . not to exceed $35; | 
      
        |  | (10)  additional filing fee for filing any civil action | 
      
        |  | or proceeding requiring a filing fee, including an appeal, and on | 
      
        |  | the filing of any counterclaim, cross-action, intervention, | 
      
        |  | interpleader, or third-party action requiring a filing fee, to fund | 
      
        |  | civil legal services for the indigent (Sec. 133.153, Local | 
      
        |  | Government Code) . . . $10; and | 
      
        |  | (11)  on the filing of a civil suit an additional filing | 
      
        |  | fee to be used for court-related purposes for the support of the | 
      
        |  | judiciary (Sec. 133.154, Local Government Code) . . . $42. | 
      
        |  | SECTION 8.114.  Section 101.1215, Government Code, is | 
      
        |  | amended to conform to Chapter 1031 (H.B. 1438), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 101.1215.  COUNTY COURT FEES AND COSTS:  ESTATES CODE. | 
      
        |  | The clerk of a county court shall collect the following fees and | 
      
        |  | costs under the Estates Code: | 
      
        |  | (1)  fee for deposit of a will with the county clerk | 
      
        |  | during testator's lifetime (Sec. 252.001, Estates Code) . . . $5; | 
      
        |  | (2)  security deposit on filing, by any person other | 
      
        |  | than the personal representative of an estate, an application, | 
      
        |  | complaint, or opposition in relation to the estate, if required by | 
      
        |  | the clerk (Sec. 53.052, Estates Code) . . . probable cost of the | 
      
        |  | proceeding; | 
      
        |  | (3)  [ fee on filing an application, complaint,  | 
      
        |  | petition, or other paper in a guardianship proceeding, which  | 
      
        |  | includes a deposit for payment to an attorney ad litem (Sec.  | 
      
        |  | 1052.051, Estates Code) . . . cost of filing and payment of  | 
      
        |  | attorney ad litem; | 
      
        |  | [ (4)]  security deposit on filing, by any person other | 
      
        |  | than the guardian, attorney ad litem, or guardian ad litem, an | 
      
        |  | application, complaint, or opposition in relation to a guardianship | 
      
        |  | matter, if required by the clerk (Sec. 1053.052, Estates Code) | 
      
        |  | . . . probable cost of the guardianship proceeding; | 
      
        |  | (4) [ (5)]  nonrefundable fee to cover the cost of | 
      
        |  | administering Subchapter G, Chapter 1104, Estates Code (Sec. | 
      
        |  | 1104.303, Estates Code) . . . $40; and | 
      
        |  | (5) [ (6)]  costs for attorney ad litem appointed to | 
      
        |  | pursue the restoration of a ward's capacity or modification of the | 
      
        |  | ward's guardianship (Sec. 1202.102, Estates Code) . . . reasonable | 
      
        |  | compensation. | 
      
        |  | SECTION 8.115.  Section 102.041, Government Code, is amended | 
      
        |  | to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 102.041.  ADDITIONAL COURT COSTS ON CONVICTION IN | 
      
        |  | DISTRICT COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a | 
      
        |  | district court shall collect fees and costs under the Code of | 
      
        |  | Criminal Procedure on conviction of a defendant as follows: | 
      
        |  | (1)  a jury fee (Art. 102.004, Code of Criminal | 
      
        |  | Procedure) . . . $40 [ $20]; | 
      
        |  | (2)  a fee for clerk of the court services (Art. | 
      
        |  | 102.005, Code of Criminal Procedure) . . . $40; | 
      
        |  | (3)  a records management and preservation services fee | 
      
        |  | (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
        |  | (4)  a county and district court technology fee (Art. | 
      
        |  | 102.0169, Code of Criminal Procedure) . . . $4; | 
      
        |  | (5)  a security fee on a felony offense (Art. 102.017, | 
      
        |  | Code of Criminal Procedure) . . . $5; | 
      
        |  | (6)  a security fee on a misdemeanor offense (Art. | 
      
        |  | 102.017, Code of Criminal Procedure) . . . $3; and | 
      
        |  | (7)  a juvenile delinquency prevention and graffiti | 
      
        |  | eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | 
      
        |  | $50. | 
      
        |  | SECTION 8.116.  Section 102.061, Government Code, is amended | 
      
        |  | to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 102.061.  ADDITIONAL COURT COSTS ON CONVICTION IN | 
      
        |  | STATUTORY COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a | 
      
        |  | statutory county court shall collect fees and costs under the Code | 
      
        |  | of Criminal Procedure on conviction of a defendant as follows: | 
      
        |  | (1)  a jury fee (Art. 102.004, Code of Criminal | 
      
        |  | Procedure) . . . $40 [ $20]; | 
      
        |  | (2)  a fee for services of the clerk of the court (Art. | 
      
        |  | 102.005, Code of Criminal Procedure) . . . $40; | 
      
        |  | (3)  a records management and preservation services fee | 
      
        |  | (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
        |  | (4)  a county and district court technology fee (Art. | 
      
        |  | 102.0169, Code of Criminal Procedure) . . . $4; | 
      
        |  | (5)  a security fee on a misdemeanor offense (Art. | 
      
        |  | 102.017, Code of Criminal Procedure) . . . $3; | 
      
        |  | (6)  a juvenile delinquency prevention and graffiti | 
      
        |  | eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | 
      
        |  | $50; | 
      
        |  | (7)  a juvenile case manager fee (Art. 102.0174, Code | 
      
        |  | of Criminal Procedure) . . . not to exceed $5 if the court employs a | 
      
        |  | juvenile case manager; and | 
      
        |  | (8)  a civil justice fee (Art. 102.022, Code of | 
      
        |  | Criminal Procedure) . . . $0.10. | 
      
        |  | SECTION 8.117.  Section 102.081, Government Code, is amended | 
      
        |  | to conform to Chapter 654 (H.B. 2182), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 102.081.  ADDITIONAL COURT COSTS ON CONVICTION IN | 
      
        |  | COUNTY COURT:  CODE OF CRIMINAL PROCEDURE.  The clerk of a county | 
      
        |  | court shall collect fees and costs under the Code of Criminal | 
      
        |  | Procedure on conviction of a defendant as follows: | 
      
        |  | (1)  a jury fee (Art. 102.004, Code of Criminal | 
      
        |  | Procedure) . . . $40 [ $20]; | 
      
        |  | (2)  a fee for clerk of the court services (Art. | 
      
        |  | 102.005, Code of Criminal Procedure) . . . $40; | 
      
        |  | (3)  a records management and preservation services fee | 
      
        |  | (Art. 102.005, Code of Criminal Procedure) . . . $25; | 
      
        |  | (4)  a county and district court technology fee (Art. | 
      
        |  | 102.0169, Code of Criminal Procedure) . . . $4; | 
      
        |  | (5)  a security fee on a misdemeanor offense (Art. | 
      
        |  | 102.017, Code of Criminal Procedure) . . . $3; | 
      
        |  | (6)  a juvenile delinquency prevention and graffiti | 
      
        |  | eradication fee (Art. 102.0171, Code of Criminal Procedure) . . . | 
      
        |  | $50; | 
      
        |  | (7)  a juvenile case manager fee (Art. 102.0174, Code | 
      
        |  | of Criminal Procedure) . . . not to exceed $5 if the court employs a | 
      
        |  | juvenile case manager; and | 
      
        |  | (8)  a civil justice fee (Art. 102.022, Code of | 
      
        |  | Criminal Procedure) . . . $0.10. | 
      
        |  | SECTION 8.118.  Section 103.021, Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 103.021.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR | 
      
        |  | CIVIL CASES:  CODE OF CRIMINAL PROCEDURE.  An accused or defendant, | 
      
        |  | or a party to a civil suit, as applicable, shall pay the following | 
      
        |  | fees and costs under the Code of Criminal Procedure if ordered by | 
      
        |  | the court or otherwise required: | 
      
        |  | (1)  a personal bond fee (Art. 17.42, Code of Criminal | 
      
        |  | Procedure) . . . the greater of $20 or three percent of the amount | 
      
        |  | of the bail fixed for the accused; | 
      
        |  | (2)  cost of electronic monitoring as a condition of | 
      
        |  | release on personal bond (Art. 17.43, Code of Criminal Procedure) | 
      
        |  | . . . actual cost; | 
      
        |  | (3)  a fee for verification of and monitoring of motor | 
      
        |  | vehicle ignition interlock (Art. 17.441, Code of Criminal | 
      
        |  | Procedure) . . . not to exceed $10; | 
      
        |  | (3-a)  costs associated with operating a global | 
      
        |  | positioning monitoring system as a condition of release on bond | 
      
        |  | (Art. 17.49(b)(2), Code of Criminal Procedure) . . . actual costs, | 
      
        |  | subject to a determination of indigency; | 
      
        |  | (3-b)  costs associated with providing a defendant's | 
      
        |  | victim with an electronic receptor device as a condition of the | 
      
        |  | defendant's release on bond (Art. 17.49(b)(3), Code of Criminal | 
      
        |  | Procedure) . . . actual costs, subject to a determination of | 
      
        |  | indigency; | 
      
        |  | (4)  repayment of reward paid by a crime stoppers | 
      
        |  | organization on conviction of a felony (Art. 37.073, Code of | 
      
        |  | Criminal Procedure) . . . amount ordered; | 
      
        |  | (5)  reimbursement to general revenue fund for payments | 
      
        |  | made to victim of an offense as condition of community supervision | 
      
        |  | (Art. 42A.301(17) [ Chapter 42A], Code of Criminal Procedure) . . . | 
      
        |  | not to exceed $50 for a misdemeanor offense or $100 for a felony | 
      
        |  | offense; | 
      
        |  | (6)  payment to a crime stoppers organization as | 
      
        |  | condition of community supervision (Art. 42A.301(20) [ Chapter  | 
      
        |  | 42A], Code of Criminal Procedure) . . . not to exceed $50; | 
      
        |  | (7)  children's advocacy center fee (Art. 42A.455 | 
      
        |  | [ Chapter 42A], Code of Criminal Procedure) . . . not to exceed $50; | 
      
        |  | (8)  family violence center fee (Art. 42A.504(b) | 
      
        |  | [ Chapter 42A], Code of Criminal Procedure) . . . $100; | 
      
        |  | (9)  community supervision fee (Art. 42A.652(a) | 
      
        |  | [ Chapter 42A], Code of Criminal Procedure) . . . not less than $25 | 
      
        |  | or more than $60 per month; | 
      
        |  | (10)  additional community supervision fee for certain | 
      
        |  | offenses (Art. 42A.653(a) [ Chapter 42A], Code of Criminal | 
      
        |  | Procedure) . . . $5 per month; | 
      
        |  | (11)  for certain financially able sex offenders as a | 
      
        |  | condition of community supervision, the costs of treatment, | 
      
        |  | specialized supervision, or rehabilitation (Art. 42A.452 [ Chapter  | 
      
        |  | 42A], Code of Criminal Procedure) . . . all or part of the | 
      
        |  | reasonable and necessary costs of the treatment, supervision, or | 
      
        |  | rehabilitation as determined by the judge; | 
      
        |  | (12)  fee for failure to appear for trial in a justice | 
      
        |  | or municipal court if a jury trial is not waived (Art. 45.026, Code | 
      
        |  | of Criminal Procedure) . . . costs incurred for impaneling the | 
      
        |  | jury; | 
      
        |  | (13)  costs of certain testing, assessments, or | 
      
        |  | programs during a deferral period (Art. 45.051, Code of Criminal | 
      
        |  | Procedure) . . . amount ordered; | 
      
        |  | (14)  special expense on dismissal of certain | 
      
        |  | misdemeanor complaints (Art. 45.051, Code of Criminal Procedure) | 
      
        |  | . . . not to exceed amount of fine assessed; | 
      
        |  | (15)  an additional fee: | 
      
        |  | (A)  for a copy of the defendant's driving record | 
      
        |  | to be requested from the Department of Public Safety by the judge | 
      
        |  | (Art. 45.0511(c-1), Code of Criminal Procedure) . . . amount equal | 
      
        |  | to the sum of the fee established by Section 521.048, | 
      
        |  | Transportation Code, and the state electronic Internet portal fee; | 
      
        |  | (B)  as an administrative fee for requesting a | 
      
        |  | driving safety course or a course under the motorcycle operator | 
      
        |  | training and safety program for certain traffic offenses to cover | 
      
        |  | the cost of administering the article (Art. 45.0511(f)(1), Code of | 
      
        |  | Criminal Procedure) . . . not to exceed $10; or | 
      
        |  | (C)  for requesting a driving safety course or a | 
      
        |  | course under the motorcycle operator training and safety program | 
      
        |  | before the final disposition of the case (Art. 45.0511(f)(2), Code | 
      
        |  | of Criminal Procedure) . . . not to exceed the maximum amount of the | 
      
        |  | fine for the offense committed by the defendant; | 
      
        |  | (16)  a request fee for teen court program (Art. | 
      
        |  | 45.052, Code of Criminal Procedure) . . . $20, if the court | 
      
        |  | ordering the fee is located in the Texas-Louisiana border region, | 
      
        |  | but otherwise not to exceed $10; | 
      
        |  | (17)  a fee to cover costs of required duties of teen | 
      
        |  | court (Art. 45.052, Code of Criminal Procedure) . . . $20, if the | 
      
        |  | court ordering the fee is located in the Texas-Louisiana border | 
      
        |  | region, but otherwise $10; | 
      
        |  | (18)  a mileage fee for officer performing certain | 
      
        |  | services (Art. 102.001, Code of Criminal Procedure) . . . $0.15 per | 
      
        |  | mile; | 
      
        |  | (19)  certified mailing of notice of hearing date (Art. | 
      
        |  | 102.006, Code of Criminal Procedure) . . . $1, plus postage; | 
      
        |  | (20)  certified mailing of certified copies of an order | 
      
        |  | of expunction (Art. 102.006, Code of Criminal Procedure) . . . $2, | 
      
        |  | plus postage; | 
      
        |  | (20-a)  a fee to defray the cost of notifying state | 
      
        |  | agencies of orders of expungement (Art. 45.0216, Code of Criminal | 
      
        |  | Procedure) . . . $30 per application; | 
      
        |  | (21)  sight orders: | 
      
        |  | (A)  if the face amount of the check or sight order | 
      
        |  | does not exceed $10 (Art. 102.007, Code of Criminal Procedure) | 
      
        |  | . . . not to exceed $10; | 
      
        |  | (B)  if the face amount of the check or sight order | 
      
        |  | is greater than $10 but does not exceed $100 (Art. 102.007, Code of | 
      
        |  | Criminal Procedure) . . . not to exceed $15; | 
      
        |  | (C)  if the face amount of the check or sight order | 
      
        |  | is greater than $100 but does not exceed $300 (Art. 102.007, Code of | 
      
        |  | Criminal Procedure) . . . not to exceed $30; | 
      
        |  | (D)  if the face amount of the check or sight order | 
      
        |  | is greater than $300 but does not exceed $500 (Art. 102.007, Code of | 
      
        |  | Criminal Procedure) . . . not to exceed $50; and | 
      
        |  | (E)  if the face amount of the check or sight order | 
      
        |  | is greater than $500 (Art. 102.007, Code of Criminal Procedure) | 
      
        |  | . . . not to exceed $75; | 
      
        |  | (22)  fees for a pretrial intervention program: | 
      
        |  | (A)  a supervision fee (Art. 102.012(a), Code of | 
      
        |  | Criminal Procedure) . . . $60 a month plus expenses; and | 
      
        |  | (B)  a district attorney, criminal district | 
      
        |  | attorney, or county attorney administrative fee (Art. 102.0121, | 
      
        |  | Code of Criminal Procedure) . . . not to exceed $500; | 
      
        |  | (23)  parking fee violations for child safety fund in | 
      
        |  | municipalities with populations: | 
      
        |  | (A)  greater than 850,000 (Art. 102.014, Code of | 
      
        |  | Criminal Procedure) . . . not less than $2 and not to exceed $5; and | 
      
        |  | (B)  less than 850,000 (Art. 102.014, Code of | 
      
        |  | Criminal Procedure) . . . not to exceed $5; | 
      
        |  | (24)  an administrative fee for collection of fines, | 
      
        |  | fees, restitution, or other costs (Art. 102.072, Code of Criminal | 
      
        |  | Procedure) . . . not to exceed $2 for each transaction; | 
      
        |  | (25)  a collection fee, if authorized by the | 
      
        |  | commissioners court of a county or the governing body of a | 
      
        |  | municipality, for certain debts and accounts receivable, including | 
      
        |  | unpaid fines, fees, court costs, forfeited bonds, and restitution | 
      
        |  | ordered paid (Art. 103.0031, Code of Criminal Procedure) . . . 30 | 
      
        |  | percent of an amount more than 60 days past due; and | 
      
        |  | (26)  a cost on conviction for the truancy prevention | 
      
        |  | and diversion fund (Art. 102.015, Code of Criminal Procedure) . . . | 
      
        |  | $2. | 
      
        |  | SECTION 8.119.  Section 103.0211, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 103.0211.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR | 
      
        |  | CIVIL CASES:  GOVERNMENT CODE.  An accused or defendant, or a party | 
      
        |  | to a civil suit, as applicable, shall pay the following fees and | 
      
        |  | costs under the Government Code if ordered by the court or otherwise | 
      
        |  | required: | 
      
        |  | (1)  a court reporter fee when testimony is taken: | 
      
        |  | (A)  in a criminal court in Dallas County (Sec. | 
      
        |  | 25.0593, Government Code) . . . $3; | 
      
        |  | (B)  in a county criminal court of appeals in | 
      
        |  | Dallas County (Sec. 25.0594, Government Code) . . . $3; | 
      
        |  | (C)  in a county court at law in McLennan County | 
      
        |  | (Sec. 25.1572, Government Code) . . . $3; and | 
      
        |  | (D)  in a county criminal court in Tarrant County | 
      
        |  | (Sec. 25.2223, Government Code) . . . $3; | 
      
        |  | (2)  a court reporter service fee if the courts have | 
      
        |  | official court reporters (Sec. 51.601, Government Code) . . . $15 | 
      
        |  | or, in specified counties, $30; | 
      
        |  | (3)  a speedy trial rights waiver motion filing fee in | 
      
        |  | El Paso County (Sec. 54.745, Government Code) . . . $100; | 
      
        |  | (4)  the costs of a criminal magistrate if the court | 
      
        |  | determines that the nonprevailing party is able to defray the | 
      
        |  | costs: | 
      
        |  | (A)  in Bexar County (Sec. 54.913, Government | 
      
        |  | Code) . . . magistrate's fees; | 
      
        |  | (B)  in Dallas County (Sec. 54.313, Government | 
      
        |  | Code) . . . magistrate's fees; | 
      
        |  | (C)  in Lubbock County (Sec. 54.883, Government | 
      
        |  | Code) . . . magistrate's fees; | 
      
        |  | (D)  in Tarrant County (Sec. 54.663, Government | 
      
        |  | Code) . . . magistrate's fees; and | 
      
        |  | (E)  in Travis County (Sec. 54.983, Government | 
      
        |  | Code) . . . magistrate's fees; | 
      
        |  | (5)  an administrative fee for participation in certain | 
      
        |  | community supervision programs (Sec. 76.015, Government Code) | 
      
        |  | . . . not less than $25 and not more than $60 per month; and | 
      
        |  | (6)  fee paid on filing a petition for an order of | 
      
        |  | nondisclosure of criminal history record information in certain | 
      
        |  | cases (Secs. 411.072 and 411.0745 [ Subchapter E-1, Chapter 411], | 
      
        |  | Government Code) . . . $28. | 
      
        |  | SECTION 8.120.  Section 103.0213, Government Code, is | 
      
        |  | amended to conform to Chapter 752 (H.B. 1888), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 103.0213.  ADDITIONAL FEES AND COSTS IN CRIMINAL OR | 
      
        |  | CIVIL CASES:  TRANSPORTATION CODE.  An accused or defendant, or a | 
      
        |  | party to a civil suit, as applicable, shall pay the following fees | 
      
        |  | and costs under the Transportation Code if ordered by the court or | 
      
        |  | otherwise required: | 
      
        |  | (1)  administrative fee on dismissal of charge of | 
      
        |  | driving with an expired motor vehicle registration (Sec. 502.407, | 
      
        |  | Transportation Code) . . . not to exceed $20; | 
      
        |  | (2)  administrative fee on dismissal of charge of | 
      
        |  | driving with an expired driver's license (Sec. 521.026, | 
      
        |  | Transportation Code) . . . not to exceed $20; | 
      
        |  | (2-a)  administrative fee on remediation of charge of | 
      
        |  | operation of a vehicle without a registration insignia (Sec. | 
      
        |  | 502.473, Transportation Code) . . . not to exceed $10; | 
      
        |  | (3)  administrative fee on remediation of charge of | 
      
        |  | operating a vehicle without complying with inspection requirements | 
      
        |  | as certified (Sec. 548.605, Transportation Code) . . . not to | 
      
        |  | exceed $20; | 
      
        |  | (4)  administrative fee for failure to appear for a | 
      
        |  | complaint or citation on certain offenses (Sec. 706.006, | 
      
        |  | Transportation Code) . . . $30 for each violation; [ and] | 
      
        |  | (5)  administrative fee for failure to pay or satisfy | 
      
        |  | certain judgments (Sec. 706.006, Transportation Code) . . . $30; | 
      
        |  | and | 
      
        |  | (6)  administrative fee on dismissal of charge of | 
      
        |  | driving a commercial motor vehicle without a commercial driver's | 
      
        |  | license or commercial learner's permit (Sec. 522.011, | 
      
        |  | Transportation Code) . . . not to exceed $10. | 
      
        |  | SECTION 8.121.  (a)  Section 103.026, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 103.026.  MISCELLANEOUS FEES AND COSTS:  FAMILY CODE. | 
      
        |  | Fees and costs shall be paid or collected under the Family Code as | 
      
        |  | follows: | 
      
        |  | (1)  costs of determining and sending information | 
      
        |  | concerning the identity of the court with continuing, exclusive | 
      
        |  | jurisdiction if charged by the bureau of vital statistics (Sec. | 
      
        |  | 108.006, Family Code) . . . reasonable fee; | 
      
        |  | (2)  initial operations fee paid to the domestic | 
      
        |  | relations office on each filing of an original suit affecting the | 
      
        |  | parent-child relationship, motion for modification, or motion for | 
      
        |  | enforcement, if authorized by the administering entity (Sec. | 
      
        |  | 203.005, Family Code) . . . not to exceed $15; | 
      
        |  | (3)  initial child support service fee paid to the | 
      
        |  | domestic relations office in certain counties on the filing of an | 
      
        |  | original suit affecting the parent-child relationship, if | 
      
        |  | authorized by the administering entity (Sec. 203.005, Family Code) | 
      
        |  | . . . not to exceed $36; | 
      
        |  | (4)  service fee for services of a domestic relations | 
      
        |  | office, if authorized by the administering entity (Sec. 203.005, | 
      
        |  | Family Code) . . . not to exceed $3 per month; | 
      
        |  | (5)  fee to reimburse a domestic relations office for a | 
      
        |  | fee paid for filing an administrative writ of withholding (Secs. | 
      
        |  | 158.503 and 203.005, Family Code) . . . the amount of the fee paid; | 
      
        |  | (6)  fee from a Title IV-D agency for each item of | 
      
        |  | process to each individual on whom service is required, including | 
      
        |  | service by certified or registered mail (Sec. 231.202, Family Code) | 
      
        |  | . . . the amount that a sheriff or constable may charge for serving | 
      
        |  | process under Section 118.131, Local Government Code; [ and] | 
      
        |  | (7)  a fee for mailing an order vacating or staying an | 
      
        |  | order suspending a license to the appropriate licensing authority | 
      
        |  | (Sec. 232.013, Family Code) . . . $5 for each order mailed; and | 
      
        |  | (8)  a court cost paid by a party to a truancy case, if | 
      
        |  | ordered by a truancy court (Sec. 65.107, Family Code) . . . $50. | 
      
        |  | (b)  Section 103.035, Government Code, is repealed. | 
      
        |  | SECTION 8.122.  (a)  Section 103.027(a), Government Code, | 
      
        |  | is amended to conform to Chapter 654 (H.B. 2182), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, and further amended to read as | 
      
        |  | follows: | 
      
        |  | (a)  Fees and costs shall be paid or collected under the | 
      
        |  | Government Code as follows: | 
      
        |  | (1)  filing a certified copy of a judicial finding of | 
      
        |  | fact and conclusion of law if charged by the secretary of state | 
      
        |  | (Sec. 51.905, Government Code) . . . $15; | 
      
        |  | (2)  cost paid by each surety posting the bail bond for | 
      
        |  | an offense other than a misdemeanor punishable by fine only under | 
      
        |  | Chapter 17, Code of Criminal Procedure, for the assistant | 
      
        |  | prosecutor supplement fund and the fair defense account (Sec. | 
      
        |  | 41.258, Government Code) . . . $15, provided the cost does not | 
      
        |  | exceed $30 for all bail bonds posted at that time for an individual | 
      
        |  | and the cost is not required on the posting of a personal or cash | 
      
        |  | bond; | 
      
        |  | (3)  to participate in a court proceeding in this | 
      
        |  | state, a nonresident attorney fee (Sec. 82.0361, Government Code) | 
      
        |  | . . . $250 except as waived or reduced under supreme court rules for | 
      
        |  | representing an indigent person; | 
      
        |  | (4)  on a party's appeal of a final decision in a | 
      
        |  | contested case, the cost of preparing the original or a certified | 
      
        |  | copy of the record of the agency proceeding, if required by the | 
      
        |  | agency's rule, as a court cost (Sec. 2001.177, Government Code) | 
      
        |  | . . . as assessed by the court, all or part of the cost of | 
      
        |  | preparation; | 
      
        |  | (5)  a program fee for a drug court program (Sec. | 
      
        |  | 123.004, Government Code) . . . not to exceed $1,000; | 
      
        |  | (6)  an alcohol or controlled substance testing, | 
      
        |  | counseling, and treatment fee (Sec. 123.004, Government Code) . . . | 
      
        |  | the amount necessary to cover the costs of testing, counseling, and | 
      
        |  | treatment; | 
      
        |  | (7)  a reasonable program fee for a veterans treatment | 
      
        |  | court program (Sec. 124.005, Government Code) . . . not to exceed | 
      
        |  | $1,000; | 
      
        |  | (8)  a testing, counseling, and treatment fee for | 
      
        |  | testing, counseling, or treatment performed or provided under a | 
      
        |  | veterans treatment court program (Sec. 124.005, Government Code) | 
      
        |  | . . . the amount necessary to cover the costs of testing, | 
      
        |  | counseling, or treatment; [ and] | 
      
        |  | (9)  a nonrefundable program fee for a commercially | 
      
        |  | sexually exploited persons court [ prostitution prevention] program | 
      
        |  | (Sec. 126.006, Government Code) . . . a reasonable amount not to | 
      
        |  | exceed $1,000, which must include a counseling and services fee in | 
      
        |  | an amount necessary to cover the costs of counseling and services | 
      
        |  | provided by the program, a victim services fee in an amount equal to | 
      
        |  | 10 percent of the total fee, and a law enforcement training fee in | 
      
        |  | an amount equal to five percent of the total fee; and | 
      
        |  | (10)  a district court records archive fee for the | 
      
        |  | filing of a suit, including an appeal from an inferior court, or a | 
      
        |  | cross-action, counterclaim, intervention, contempt action, motion | 
      
        |  | for new trial, or third-party petition, in any court in the county | 
      
        |  | for which the district clerk accepts filings, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.305, Government Code) . . . not | 
      
        |  | more than $10. | 
      
        |  | (b)  Effective September 1, 2019, Section 103.027(a), | 
      
        |  | Government Code, is amended to conform to Chapter 654 (H.B. 2182), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, and further | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Fees and costs shall be paid or collected under the | 
      
        |  | Government Code as follows: | 
      
        |  | (1)  filing a certified copy of a judicial finding of | 
      
        |  | fact and conclusion of law if charged by the secretary of state | 
      
        |  | (Sec. 51.905, Government Code) . . . $15; | 
      
        |  | (2)  cost paid by each surety posting the bail bond for | 
      
        |  | an offense other than a misdemeanor punishable by fine only under | 
      
        |  | Chapter 17, Code of Criminal Procedure, for the assistant | 
      
        |  | prosecutor supplement fund and the fair defense account (Sec. | 
      
        |  | 41.258, Government Code) . . . $15, provided the cost does not | 
      
        |  | exceed $30 for all bail bonds posted at that time for an individual | 
      
        |  | and the cost is not required on the posting of a personal or cash | 
      
        |  | bond; | 
      
        |  | (3)  to participate in a court proceeding in this | 
      
        |  | state, a nonresident attorney fee (Sec. 82.0361, Government Code) | 
      
        |  | . . . $250 except as waived or reduced under supreme court rules for | 
      
        |  | representing an indigent person; | 
      
        |  | (4)  on a party's appeal of a final decision in a | 
      
        |  | contested case, the cost of preparing the original or a certified | 
      
        |  | copy of the record of the agency proceeding, if required by the | 
      
        |  | agency's rule, as a court cost (Sec. 2001.177, Government Code) | 
      
        |  | . . . as assessed by the court, all or part of the cost of | 
      
        |  | preparation; | 
      
        |  | (5)  a program fee for a drug court program (Sec. | 
      
        |  | 123.004, Government Code) . . . not to exceed $1,000; | 
      
        |  | (6)  an alcohol or controlled substance testing, | 
      
        |  | counseling, and treatment fee (Sec. 123.004, Government Code) . . . | 
      
        |  | the amount necessary to cover the costs of testing, counseling, and | 
      
        |  | treatment; | 
      
        |  | (7)  a reasonable program fee for a veterans treatment | 
      
        |  | court program (Sec. 124.005, Government Code) . . . not to exceed | 
      
        |  | $1,000; | 
      
        |  | (8)  a testing, counseling, and treatment fee for | 
      
        |  | testing, counseling, or treatment performed or provided under a | 
      
        |  | veterans treatment court program (Sec. 124.005, Government Code) | 
      
        |  | . . . the amount necessary to cover the costs of testing, | 
      
        |  | counseling, or treatment; [ and] | 
      
        |  | (9)  a nonrefundable program fee for a commercially | 
      
        |  | sexually exploited persons court [ prostitution prevention] program | 
      
        |  | (Sec. 126.006, Government Code) . . . a reasonable amount not to | 
      
        |  | exceed $1,000, which must include a counseling and services fee in | 
      
        |  | an amount necessary to cover the costs of counseling and services | 
      
        |  | provided by the program, a victim services fee in an amount equal to | 
      
        |  | 10 percent of the total fee, and a law enforcement training fee in | 
      
        |  | an amount equal to five percent of the total fee; and | 
      
        |  | (10)  a district court records archive fee for the | 
      
        |  | filing of a suit, including an appeal from an inferior court, or a | 
      
        |  | cross-action, counterclaim, intervention, contempt action, motion | 
      
        |  | for new trial, or third-party petition, in any court in the county | 
      
        |  | for which the district clerk accepts filings, if authorized by the | 
      
        |  | county commissioners court (Sec. 51.305, Government Code) . . . not | 
      
        |  | more than $5. | 
      
        |  | (c)  The following are repealed: | 
      
        |  | (1)  Section 103.0271, Government Code; and | 
      
        |  | (2)  Section 103.0292, Government Code, as added by | 
      
        |  | Chapter 1167 (S.B. 484), Acts of the 83rd Legislature, Regular | 
      
        |  | Session, 2013. | 
      
        |  | ARTICLE 9.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
        |  | SECTION 9.001.  Section 81.046(c), Health and Safety Code, | 
      
        |  | as amended by Chapters 789 (H.B. 2646) and 1278 (S.B. 1574), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  Medical or epidemiological information, including | 
      
        |  | information linking a person who is exposed to a person with a | 
      
        |  | communicable disease, may be released: | 
      
        |  | (1)  for statistical purposes if released in a manner | 
      
        |  | that prevents the identification of any person; | 
      
        |  | (2)  with the consent of each person identified in the | 
      
        |  | information; | 
      
        |  | (3)  to medical personnel treating the individual, | 
      
        |  | appropriate state agencies in this state or another state, a health | 
      
        |  | authority or local health department in this state or another | 
      
        |  | state, or federal, county, or district courts to comply with this | 
      
        |  | chapter and related rules relating to the control and treatment of | 
      
        |  | communicable diseases and health conditions or under another state | 
      
        |  | or federal law that expressly authorizes the disclosure of this | 
      
        |  | information; | 
      
        |  | (4)  to appropriate federal agencies, such as the | 
      
        |  | Centers for Disease Control and Prevention [ of the United States  | 
      
        |  | Public Health Service], but the information must be limited to the | 
      
        |  | name, address, sex, race, and occupation of the patient, the date of | 
      
        |  | disease onset, the probable source of infection, and other | 
      
        |  | requested information relating to the case or suspected case of a | 
      
        |  | communicable disease or health condition; | 
      
        |  | (5)  to medical personnel to the extent necessary in a | 
      
        |  | medical emergency to protect the health or life of the person | 
      
        |  | identified in the information; [ or] | 
      
        |  | (6)  to a designated infection control officer; | 
      
        |  | (7) [ (6)]  to governmental entities that provide first | 
      
        |  | responders who may respond to a situation involving a potential | 
      
        |  | communicable disease of concern and need the information to | 
      
        |  | properly respond to the situation; or | 
      
        |  | (8) [ (7)]  to a local health department or health | 
      
        |  | authority for a designated monitoring period based on the potential | 
      
        |  | risk for developing symptoms of a communicable disease of concern. | 
      
        |  | SECTION 9.002.  Section 242.403(a), Health and Safety Code, | 
      
        |  | is amended to conform to changes made by Chapter 838 (S.B. 202), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, to read as | 
      
        |  | follows: | 
      
        |  | (a)  The executive commissioner shall adopt standards to | 
      
        |  | implement Sections 242.401 and 242.402.  Those standards must, at a | 
      
        |  | minimum, address: | 
      
        |  | (1)  admission of residents; | 
      
        |  | (2)  care of residents younger than 18 years of age; | 
      
        |  | (3)  an initial assessment and comprehensive plan of | 
      
        |  | care for residents; | 
      
        |  | (4)  transfer or discharge of residents; | 
      
        |  | (5)  clinical records; | 
      
        |  | (6)  infection control at the institution; | 
      
        |  | (7)  rehabilitative services; | 
      
        |  | (8)  food services; | 
      
        |  | (9)  nutrition services provided by a director of food | 
      
        |  | services who is licensed by the Texas Department of Licensing and | 
      
        |  | Regulation under Chapter 701, Occupations Code, [ State Board of  | 
      
        |  | Examiners of Dietitians] or, if not so licensed, who is in scheduled | 
      
        |  | consultation with a person who is so licensed as frequently and for | 
      
        |  | such time as the executive commissioner shall determine necessary | 
      
        |  | to assure each resident a diet that meets the daily nutritional and | 
      
        |  | special dietary needs of each resident; | 
      
        |  | (10)  social services and activities; | 
      
        |  | (11)  prevention of pressure sores; | 
      
        |  | (12)  bladder and bowel retraining programs for | 
      
        |  | residents; | 
      
        |  | (13)  prevention of complications from nasogastric or | 
      
        |  | gastrotomy tube feedings; | 
      
        |  | (14)  relocation of residents within an institution; | 
      
        |  | (15)  postmortem procedures; and | 
      
        |  | (16)  appropriate use of chemical and physical | 
      
        |  | restraints. | 
      
        |  | SECTION 9.003.  Section 401.015(a), Health and Safety Code, | 
      
        |  | is amended to conform to changes made by Chapter 838 (S.B. 202), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, to read as | 
      
        |  | follows: | 
      
        |  | (a)  The radiation advisory board is composed of the | 
      
        |  | following 18 members appointed by the governor: | 
      
        |  | (1)  one representative from industry who is trained in | 
      
        |  | nuclear physics, science, or nuclear engineering; | 
      
        |  | (2)  one representative from labor; | 
      
        |  | (3)  one representative from agriculture; | 
      
        |  | (4)  one representative from the insurance industry; | 
      
        |  | (5)  one individual who is engaged in the use and | 
      
        |  | application of nuclear physics in medicine and is certified by the | 
      
        |  | American Board of Radiology or licensed by the Texas Medical Board | 
      
        |  | under Chapter 602, Occupations Code [ of Licensure for Professional  | 
      
        |  | Medical Physicists]; | 
      
        |  | (6)  one hospital administrator; | 
      
        |  | (7)  one individual licensed by the Texas Medical Board | 
      
        |  | who specializes in nuclear medicine; | 
      
        |  | (8)  one individual licensed by the Texas Medical Board | 
      
        |  | who specializes in pathology; | 
      
        |  | (9)  one individual licensed by the Texas Medical Board | 
      
        |  | who specializes in radiology; | 
      
        |  | (10)  one representative from the nuclear utility | 
      
        |  | industry; | 
      
        |  | (11)  one representative from the radioactive waste | 
      
        |  | industry; | 
      
        |  | (12)  one representative from the petroleum industry; | 
      
        |  | (13)  one health physicist certified by the American | 
      
        |  | Board of Health Physics; | 
      
        |  | (14)  one individual licensed by the State Board of | 
      
        |  | Dental Examiners; | 
      
        |  | (15)  one representative from the uranium mining | 
      
        |  | industry; and | 
      
        |  | (16)  three representatives of the public. | 
      
        |  | SECTION 9.004.  Section 532.0131(d), Health and Safety Code, | 
      
        |  | is amended to correct a typographical error to read as follows: | 
      
        |  | (d)  The executive commissioner of the Health and Human | 
      
        |  | Services Commission shall appoint as members of the work group: | 
      
        |  | (1)  a representative of the department; | 
      
        |  | (2)  a representative of the Texas Department of | 
      
        |  | Criminal Justice; | 
      
        |  | (3)  a representative of the Texas Juvenile Justice | 
      
        |  | Department; | 
      
        |  | (4)  a representative of the Texas Correctional Office | 
      
        |  | on Offenders with Medical or Mental Impairments; | 
      
        |  | (5)  a representative of the Sheriffs' [ Sheriff's] | 
      
        |  | Association of Texas; | 
      
        |  | (6)  a superintendent of a state hospital with a | 
      
        |  | maximum security forensic unit; | 
      
        |  | (7)  a representative of a local mental health | 
      
        |  | authority; | 
      
        |  | (8)  a representative of the protection and advocacy | 
      
        |  | system of this state established in accordance with 42 U.S.C. | 
      
        |  | Section 15043, appointed by the administrative head of that system; | 
      
        |  | and | 
      
        |  | (9)  additional members as needed to comply with the | 
      
        |  | number of members selected by the commissioner, who must be | 
      
        |  | recognized experts in forensic patients or persons who represent | 
      
        |  | the interests of forensic patients, and who may be advocates, | 
      
        |  | family members, psychiatrists, psychologists, social workers, | 
      
        |  | psychiatric nurses, or representatives of hospitals licensed under | 
      
        |  | Chapter 241 or 577. | 
      
        |  | ARTICLE 10.  CHANGES RELATING TO INSURANCE CODE | 
      
        |  | SECTION 10.001.  Section 544.552, Insurance Code, as amended | 
      
        |  | by Chapters 592 (S.B. 188) and 1137 (S.B. 189), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 544.552.  APPLICABILITY.  This subchapter applies only | 
      
        |  | to: | 
      
        |  | (1)  a standard fire, homeowners, or farm and ranch | 
      
        |  | owners insurance policy, including such policies written by: | 
      
        |  | (A) [ (1)]  a farm mutual insurance company; | 
      
        |  | (B) [ (2)]  a county mutual insurance company; | 
      
        |  | (C) [ (3)]  a Lloyd's plan; and | 
      
        |  | (D) [ (4)]  a reciprocal or interinsurance | 
      
        |  | exchange; or | 
      
        |  | (2)  a personal automobile insurance policy, including | 
      
        |  | a policy written by a county mutual insurance company. | 
      
        |  | SECTION 10.002.  Sections 1451.001(3), (7), (8), and (20), | 
      
        |  | Insurance Code, are amended to conform to Chapter 838 (S.B. 202), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, to read as | 
      
        |  | follows: | 
      
        |  | (3)  "Audiologist" means an individual licensed to | 
      
        |  | practice audiology by the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Examiners for Speech-Language Pathology  | 
      
        |  | and Audiology]. | 
      
        |  | (7)  "Dietitian" means an individual licensed by the | 
      
        |  | Texas Department of Licensing and Regulation under Chapter 701, | 
      
        |  | Occupations Code [ State Board of Examiners of Dietitians]. | 
      
        |  | (8)  "Hearing instrument fitter and dispenser" means an | 
      
        |  | individual licensed by the Texas Department of Licensing and | 
      
        |  | Regulation under Chapter 402, Occupations Code [ State Committee of  | 
      
        |  | Examiners in the Fitting and Dispensing of Hearing Instruments]. | 
      
        |  | (20)  "Speech-language pathologist" means an | 
      
        |  | individual licensed to practice speech-language pathology by the | 
      
        |  | Texas Department of Licensing and Regulation [ State Board of  | 
      
        |  | Examiners for Speech-Language Pathology and Audiology]. | 
      
        |  | SECTION 10.003.  Section 2210.251(f), Insurance Code, as | 
      
        |  | amended by Chapters 188 (S.B. 498) and 1073 (H.B. 2439), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (f)  Notwithstanding any other provision of this subchapter, | 
      
        |  | insurance coverage for a residential structure may be issued or | 
      
        |  | renewed through the association subject to the inspection | 
      
        |  | requirements imposed under Section 2210.258, if applicable. | 
      
        |  | SECTION 10.004.  Section 2210.2581, Insurance Code, as | 
      
        |  | amended by Chapter 615 (S.B. 900), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed to conform to the repeal of | 
      
        |  | Section 2210.2581, Insurance Code, by Chapter 188 (S.B. 498), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 11.  CHANGES RELATING TO LABOR CODE | 
      
        |  | SECTION 11.001.  Sections 23.003(a) and (b), Labor Code, as | 
      
        |  | added by Chapter 195 (S.B. 805), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, are repealed as duplicative of Sections | 
      
        |  | 23.003(a) and (b), Labor Code, as added by Chapter 816 (H.B. 3547), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 12.  CHANGES RELATING TO LOCAL GOVERNMENT CODE | 
      
        |  | SECTION 12.001.  Section 234.132, Local Government Code, as | 
      
        |  | amended by Chapters 623 (S.B. 1210) and 1170 (S.B. 866), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 234.132.  APPLICABILITY.  This subchapter applies only | 
      
        |  | to: | 
      
        |  | (1)  a county that has a population of less than 25,000, | 
      
        |  | is adjacent to the Gulf of Mexico, and is within 50 miles of an | 
      
        |  | international border; | 
      
        |  | (2)  a county that has a population of four million or | 
      
        |  | more; | 
      
        |  | (3)  a county that is adjacent to the Gulf of Mexico and | 
      
        |  | to a county that has a population of four million or more; [ and] | 
      
        |  | (4)  a county located on the Texas-Mexico border that | 
      
        |  | has a population of less than 300,000 and contains a municipality | 
      
        |  | with a population of 200,000 or more; and | 
      
        |  | (5) [ (3)]  a county that has a population of 550,000 or | 
      
        |  | more and is adjacent to a county described by Subdivision (2). | 
      
        |  | SECTION 12.002.  Section 250.007, Local Government Code, is | 
      
        |  | amended to correct an error to read as follows: | 
      
        |  | Sec. 250.007.  REGULATION OF RENTAL OR LEASING OF HOUSING | 
      
        |  | ACCOMMODATIONS.  (a)  Except as provided by this section, a | 
      
        |  | municipality or county may not adopt or enforce an ordinance or | 
      
        |  | regulation that prohibits an owner, lessee, sublessee, assignee, | 
      
        |  | managing agent, or other person having the right to lease, | 
      
        |  | sublease, or rent a housing accommodation from refusing to lease or | 
      
        |  | rent the housing accommodation to a person because the person's | 
      
        |  | lawful source of income to pay rent includes funding from a federal | 
      
        |  | housing assistance program. | 
      
        |  | (b)  This section does not affect an ordinance or regulation | 
      
        |  | that prohibits the refusal to lease or rent a housing accommodation | 
      
        |  | to a military veteran because of the veteran's lawful source of | 
      
        |  | income to pay rent. | 
      
        |  | (c)  This section does not affect any authority of a | 
      
        |  | municipality or county or decree to create or implement an | 
      
        |  | incentive, contract commitment, density bonus, or other voluntary | 
      
        |  | program designed to encourage the acceptance of a housing voucher | 
      
        |  | directly or indirectly funded by the federal government, including | 
      
        |  | a federal housing choice voucher. | 
      
        |  | ARTICLE 13.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
        |  | SECTION 13.001.  Section 81.067(c), Natural Resources Code, | 
      
        |  | is amended to conform to the repeal of Section 81.112, Natural | 
      
        |  | Resources Code, by Chapter 470 (S.B. 757), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (c)  The fund consists of: | 
      
        |  | (1)  proceeds from bonds and other financial security | 
      
        |  | required by this chapter and benefits under well-specific plugging | 
      
        |  | insurance policies described by Section 91.104(c) that are paid to | 
      
        |  | the state as contingent beneficiary of the policies, subject to the | 
      
        |  | refund provisions of Section 91.1091, if applicable; | 
      
        |  | (2)  private contributions, including contributions | 
      
        |  | made under Section 89.084; | 
      
        |  | (3)  expenses collected under Section 89.083; | 
      
        |  | (4)  fees imposed under Section 85.2021; | 
      
        |  | (5)  costs recovered under Section 91.457 or 91.459; | 
      
        |  | (6)  proceeds collected under Sections 89.085 and | 
      
        |  | 91.115; | 
      
        |  | (7)  interest earned on the funds deposited in the | 
      
        |  | fund; | 
      
        |  | (8)  oil and gas waste hauler permit application fees | 
      
        |  | collected under Section 29.015, Water Code; | 
      
        |  | (9)  costs recovered under Section 91.113(f); | 
      
        |  | (10)  hazardous oil and gas waste generation fees | 
      
        |  | collected under Section 91.605; | 
      
        |  | (11)  oil-field cleanup regulatory fees on oil | 
      
        |  | collected under Section 81.116; | 
      
        |  | (12)  oil-field cleanup regulatory fees on gas | 
      
        |  | collected under Section 81.117; | 
      
        |  | (13)  fees for a reissued certificate collected under | 
      
        |  | Section 91.707; | 
      
        |  | (14)  fees collected under Section 91.1013; | 
      
        |  | (15)  fees collected under Section 89.088; | 
      
        |  | (16)  fees collected under Section 91.142; | 
      
        |  | (17)  fees collected under Section 91.654; | 
      
        |  | (18)  costs recovered under Sections 91.656 and 91.657; | 
      
        |  | (19)  fees collected under Section 81.0521; | 
      
        |  | (20)  fees collected under Sections 89.024 and 89.026; | 
      
        |  | (21)  legislative appropriations; | 
      
        |  | (22)  any surcharges collected under Section 81.070; | 
      
        |  | (23)  fees collected under Section 91.0115; | 
      
        |  | (24)  [ money deposited to the credit of the fund under  | 
      
        |  | Section 81.112; | 
      
        |  | [ (25)]  fees collected under Subchapter E, Chapter 121, | 
      
        |  | Utilities Code; and | 
      
        |  | (25) [ (26)]  fees collected under Section 27.0321, | 
      
        |  | Water Code. | 
      
        |  | SECTION 13.002.  Section 81.112, Natural Resources Code, as | 
      
        |  | amended by Chapter 448 (H.B. 7), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed to conform to the repeal of | 
      
        |  | Section 81.112, Natural Resources Code, by Chapter 470 (S.B. 757), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 14.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
        |  | SECTION 14.001.  Section 55.004, Occupations Code, as | 
      
        |  | amended by Chapters 586 (H.B. 3742) and 1193 (S.B. 1307), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | Sec. 55.004.  ALTERNATIVE LICENSING FOR MILITARY SERVICE | 
      
        |  | MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES.  (a)  A state | 
      
        |  | agency that issues a license shall adopt rules for the issuance of | 
      
        |  | the license to an applicant who is a military service member, | 
      
        |  | military veteran, or military spouse and: | 
      
        |  | (1)  holds a current license issued by another | 
      
        |  | jurisdiction that has licensing requirements that are | 
      
        |  | substantially equivalent to the requirements for the license in | 
      
        |  | this state; or | 
      
        |  | (2)  within the five years preceding the application | 
      
        |  | date held the license in this state. | 
      
        |  | (b)  The executive director of a state agency may waive any | 
      
        |  | prerequisite to obtaining a license for an applicant described by | 
      
        |  | Subsection (a) after reviewing the applicant's credentials. | 
      
        |  | (c)  In addition to the rules adopted under Subsection (a), a | 
      
        |  | state agency that issues a license may adopt rules that would | 
      
        |  | establish alternate methods for a military service member, military | 
      
        |  | veteran, or military spouse to demonstrate competency to meet the | 
      
        |  | requirements for obtaining the license. | 
      
        |  | SECTION 14.002.  Section 1802.002(a), Occupations Code, as | 
      
        |  | amended by Chapters 777 (H.B. 2481) and 1230 (S.B. 1982), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (a)  This chapter does not apply to: | 
      
        |  | (1)  a sale conducted by order of a United States court | 
      
        |  | under Title 11, United States Code; | 
      
        |  | (2)  a sale conducted by an employee of the United | 
      
        |  | States, this state, or a political subdivision of this state in the | 
      
        |  | course and scope of employment; | 
      
        |  | (3)  a sale conducted by a charitable, religious, or | 
      
        |  | civic organization, including an organization having a tax exempt | 
      
        |  | status under Section 501(c), Internal Revenue Code of 1986, or | 
      
        |  | organized as a nonprofit entity, if the person organizing, | 
      
        |  | arranging, or conducting the auction receives no compensation; | 
      
        |  | (4)  a foreclosure sale of real property personally | 
      
        |  | conducted by a trustee under a deed of trust; | 
      
        |  | (5)  a foreclosure sale of personal property personally | 
      
        |  | conducted by: | 
      
        |  | (A)  a person who holds a security interest in the | 
      
        |  | property, including a mortgage; or | 
      
        |  | (B)  an employee or agent of a person described by | 
      
        |  | Paragraph (A) acting in the course and scope of employment, if: | 
      
        |  | (i)  the employee or agent is not otherwise | 
      
        |  | engaged in the auction business; and | 
      
        |  | (ii)  all property for sale in the auction is | 
      
        |  | subject to a security agreement; | 
      
        |  | (6)  a sale conducted by sealed bid without the option | 
      
        |  | of increasing or decreasing the amount of a bid; | 
      
        |  | (7)  an auction conducted only for student training | 
      
        |  | purposes as part of a course of study approved by the department; | 
      
        |  | (8)  an auction conducted by a posted stockyard or | 
      
        |  | market agency as defined by the federal Packers and Stockyards Act | 
      
        |  | (7 U.S.C. Section 181 et seq.), as amended; | 
      
        |  | (9)  an auction of livestock conducted by a nonprofit | 
      
        |  | livestock trade association chartered in this state, if the auction | 
      
        |  | involves only the sale of livestock owned by members of the trade | 
      
        |  | association; | 
      
        |  | (10)  an auction conducted by a charitable or nonprofit | 
      
        |  | organization chartered in this state, if the auction: | 
      
        |  | (A)  is part of a fair that is organized under | 
      
        |  | state, county, or municipal authority; and | 
      
        |  | (B)  involves only the sale of property owned by | 
      
        |  | the organization's members; | 
      
        |  | (11)  a sale or auction conducted by an auctioneer | 
      
        |  | while the auctioneer is physically located outside of this state; | 
      
        |  | (12)  a sale of motor vehicles at auction by a person | 
      
        |  | licensed under Chapter 2301 or 2302; | 
      
        |  | (13)  a sale of motor vehicles at auction by a person | 
      
        |  | who holds a wholesale motor vehicle auction general distinguishing | 
      
        |  | number or an independent motor vehicle general distinguishing | 
      
        |  | number issued by the Texas Department of Motor Vehicles; or | 
      
        |  | (14)  an auction of property through the Internet. | 
      
        |  | SECTION 14.003.  Section 1802.051(d), Occupations Code, as | 
      
        |  | added by Chapter 1230 (S.B. 1982), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed as duplicative of Section | 
      
        |  | 1802.051(d), Occupations Code, as added by Chapter 777 (H.B. 2481), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 15.  CHANGES RELATING TO PENAL CODE | 
      
        |  | SECTION 15.001.  Section 31.18(b), Penal Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | (b)  A person commits an offense if the person: | 
      
        |  | (1)  knowingly or intentionally conducts, promotes, or | 
      
        |  | facilitates an activity in which the person receives, possesses, | 
      
        |  | conceals, stores, barters, sells, abandons, or disposes of: | 
      
        |  | (A)  stolen cargo; or | 
      
        |  | (B)  cargo explicitly represented to the person as | 
      
        |  | being stolen cargo; or | 
      
        |  | (2)  is employed as a driver lawfully contracted to | 
      
        |  | transport a specific cargo by vehicle from a known point of origin | 
      
        |  | to a known point of destination and, with the intent to conduct, | 
      
        |  | promote, or facilitate an activity described by Subdivision (1) | 
      
        |  | [ Subsection (b)(1)], knowingly or intentionally: | 
      
        |  | (A)  fails to deliver the entire cargo to the | 
      
        |  | known point of destination as contracted; or | 
      
        |  | (B)  causes the seal to be broken on the vehicle or | 
      
        |  | on an intermodal container containing any part of the cargo. | 
      
        |  | SECTION 15.002.  Section 46.01(11), Penal Code, is repealed | 
      
        |  | to conform to Chapter 960 (H.B. 1862), Acts of the 83rd Legislature, | 
      
        |  | Regular Session, 2013. | 
      
        |  | SECTION 15.003.  Section 46.03(f), Penal Code, as amended by | 
      
        |  | Chapters 437 (H.B. 910) and 1001 (H.B. 554), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (f)  Except as provided by Subsection (e-1), it is not a | 
      
        |  | defense to prosecution under this section that the actor possessed | 
      
        |  | a handgun and was licensed to carry a handgun under Subchapter H, | 
      
        |  | Chapter 411, Government Code. | 
      
        |  | SECTION 15.004.  Section 46.035(g), Penal Code, as amended | 
      
        |  | by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (g)  An offense under this section [ (a-1), (a-2), (a-3),] is | 
      
        |  | a Class A misdemeanor, unless the offense is committed under | 
      
        |  | Subsection (b)(1) or (b)(3), in which event the offense is a felony | 
      
        |  | of the third degree. | 
      
        |  | SECTION 15.005.  Sections 46.035(h) and (j), Penal Code, as | 
      
        |  | amended by Chapters 437 (H.B. 910) and 438 (S.B. 11), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, are reenacted to read as | 
      
        |  | follows: | 
      
        |  | (h)  It is a defense to prosecution under Subsection (a), | 
      
        |  | (a-1), (a-2), or (a-3) that the actor, at the time of the commission | 
      
        |  | of the offense, displayed the handgun under circumstances in which | 
      
        |  | the actor would have been justified in the use of force or deadly | 
      
        |  | force under Chapter 9. | 
      
        |  | (j)  Subsections (a), (a-1), (a-2), (a-3), and (b)(1) do not | 
      
        |  | apply to a historical reenactment performed in compliance with the | 
      
        |  | rules of the Texas Alcoholic Beverage Commission. | 
      
        |  | ARTICLE 16.  CHANGES RELATING TO PROPERTY CODE | 
      
        |  | SECTION 16.001.  Section 209.00592(a-1), Property Code, as | 
      
        |  | added by Chapter 248 (S.B. 862), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is repealed as duplicative of Section | 
      
        |  | 209.00592(a-1), Property Code, as added by Chapter 1183 (S.B. | 
      
        |  | 1168), Acts of the 84th Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 17.  CHANGES RELATING TO TAX CODE | 
      
        |  | SECTION 17.001.  Section 151.310(a), Tax Code, is amended to | 
      
        |  | correct an error to read as follows: | 
      
        |  | (a)  A taxable item sold, leased, or rented to, or stored, | 
      
        |  | used, or consumed by, any of the following organizations is | 
      
        |  | exempted from the taxes imposed by this chapter: | 
      
        |  | (1)  an organization created for religious, | 
      
        |  | educational, or charitable purposes if no part of the net earnings | 
      
        |  | of the organization benefits a private shareholder or individual | 
      
        |  | and the items purchased, leased, or rented are related to the | 
      
        |  | purpose of the organization; | 
      
        |  | (2)  an organization qualifying for an exemption from | 
      
        |  | federal income taxes under Section 501(c)(3), (4), (8), (10), or | 
      
        |  | (19), Internal Revenue Code, if [ of] the item sold, leased, rented, | 
      
        |  | stored, used, or consumed relates to the purpose of the exempted | 
      
        |  | organization and the item is not used for the personal benefit of a | 
      
        |  | private stockholder or individual; | 
      
        |  | (3)  a nonprofit organization engaged exclusively in | 
      
        |  | providing athletic competition among persons under 19 years old if | 
      
        |  | no financial benefit goes to an individual or shareholder; | 
      
        |  | (4)  a company, department, or association organized | 
      
        |  | for the purpose of answering fire alarms and extinguishing fires or | 
      
        |  | for the purpose of answering fire alarms, extinguishing fires, and | 
      
        |  | providing emergency medical services, the members of which receive | 
      
        |  | no compensation or only nominal compensation for their services | 
      
        |  | rendered, if the taxable item is used exclusively by the company, | 
      
        |  | department, or association; or | 
      
        |  | (5)  a chamber of commerce or a convention and tourist | 
      
        |  | promotional agency representing at least one Texas city or county | 
      
        |  | if the chamber of commerce or the agency is not organized for profit | 
      
        |  | and no part of its net earnings inures to a private shareholder or | 
      
        |  | other individual. | 
      
        |  | SECTION 17.002.  The heading to Section 313.009, Tax Code, | 
      
        |  | as redesignated by Chapter 1236 (S.B. 1296), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is amended to correct an error | 
      
        |  | in enrolling House Bill 2712, Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, to read as follows: | 
      
        |  | Sec. 313.009.  CERTAIN ENTITIES INELIGIBLE [ ELIGIBLE]. | 
      
        |  | SECTION 17.003.  Section 351.101(a), Tax Code, as amended by | 
      
        |  | Chapters 666 (H.B. 3772) and 979 (H.B. 3615), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Revenue from the municipal hotel occupancy tax may be | 
      
        |  | used only to promote tourism and the convention and hotel industry, | 
      
        |  | and that use is limited to the following: | 
      
        |  | (1)  the acquisition of sites for and the construction, | 
      
        |  | improvement, enlarging, equipping, repairing, operation, and | 
      
        |  | maintenance of convention center facilities or visitor information | 
      
        |  | centers, or both; | 
      
        |  | (2)  the furnishing of facilities, personnel, and | 
      
        |  | materials for the registration of convention delegates or | 
      
        |  | registrants; | 
      
        |  | (3)  advertising and conducting solicitations and | 
      
        |  | promotional programs to attract tourists and convention delegates | 
      
        |  | or registrants to the municipality or its vicinity; | 
      
        |  | (4)  the encouragement, promotion, improvement, and | 
      
        |  | application of the arts, including instrumental and vocal music, | 
      
        |  | dance, drama, folk art, creative writing, architecture, design and | 
      
        |  | allied fields, painting, sculpture, photography, graphic and craft | 
      
        |  | arts, motion pictures, radio, television, tape and sound recording, | 
      
        |  | and other arts related to the presentation, performance, execution, | 
      
        |  | and exhibition of these major art forms; | 
      
        |  | (5)  historical restoration and preservation projects | 
      
        |  | or activities or advertising and conducting solicitations and | 
      
        |  | promotional programs to encourage tourists and convention | 
      
        |  | delegates to visit preserved historic sites or museums: | 
      
        |  | (A)  at or in the immediate vicinity of convention | 
      
        |  | center facilities or visitor information centers; or | 
      
        |  | (B)  located elsewhere in the municipality or its | 
      
        |  | vicinity that would be frequented by tourists and convention | 
      
        |  | delegates; | 
      
        |  | (6)  for a municipality located in a county with a | 
      
        |  | population of one million or less, expenses, including promotion | 
      
        |  | expenses, directly related to a sporting event in which the | 
      
        |  | majority of participants are tourists who substantially increase | 
      
        |  | economic activity at hotels and motels within the municipality or | 
      
        |  | its vicinity; | 
      
        |  | (7)  subject to Section 351.1076, the promotion of | 
      
        |  | tourism by the enhancement and upgrading of existing sports | 
      
        |  | facilities or fields, including facilities or fields for baseball, | 
      
        |  | softball, soccer, flag football, and rodeos, if: | 
      
        |  | (A)  the municipality owns the facilities or | 
      
        |  | fields; | 
      
        |  | (B)  the municipality: | 
      
        |  | (i)  has a population of 80,000 or more and | 
      
        |  | is located in a county that has a population of 350,000 or less; | 
      
        |  | (ii)  has a population of at least 75,000 but | 
      
        |  | not more than 95,000 and is located in a county that has a | 
      
        |  | population of less than 200,000 but more than 160,000; | 
      
        |  | (iii)  has a population of at least 36,000 | 
      
        |  | but not more than 39,000 and is located in a county that has a | 
      
        |  | population of 100,000 or less that is not adjacent to a county with | 
      
        |  | a population of more than two million; | 
      
        |  | (iv)  has a population of at least 13,000 but | 
      
        |  | less than 39,000 and is located in a county that has a population of | 
      
        |  | at least 200,000; | 
      
        |  | (v)  has a population of at least 70,000 but | 
      
        |  | less than 90,000 and no part of which is located in a county with a | 
      
        |  | population greater than 150,000; | 
      
        |  | (vi)  is located in a county that: | 
      
        |  | (a)  is adjacent to the Texas-Mexico | 
      
        |  | border; | 
      
        |  | (b)  has a population of at least | 
      
        |  | 500,000; and | 
      
        |  | (c)  does not have a municipality with | 
      
        |  | a population greater than 500,000; | 
      
        |  | (vii)  has a population of at least 25,000 | 
      
        |  | but not more than 26,000 and is located in a county that has a | 
      
        |  | population of 90,000 or less; | 
      
        |  | (viii) [ (ix)]  is located in a county that | 
      
        |  | has a population of not more than 300,000 and in which a component | 
      
        |  | university of the University of Houston System is located; or | 
      
        |  | (ix) [ (x)]  has a population of at least | 
      
        |  | 40,000 and the San Marcos River flows through the municipality; and | 
      
        |  | (C)  the sports facilities and fields have been | 
      
        |  | used, in the preceding calendar year, a combined total of more than | 
      
        |  | 10 times for district, state, regional, or national sports | 
      
        |  | tournaments; | 
      
        |  | (8)  for a municipality with a population of at least | 
      
        |  | 70,000 but less than 90,000, no part of which is located in a county | 
      
        |  | with a population greater than 150,000, the construction, | 
      
        |  | improvement, enlarging, equipping, repairing, operation, and | 
      
        |  | maintenance of a coliseum or multiuse facility; | 
      
        |  | (9)  signage directing the public to sights and | 
      
        |  | attractions that are visited frequently by hotel guests in the | 
      
        |  | municipality; | 
      
        |  | (10)  the construction, improvement, enlarging, | 
      
        |  | equipping, repairing, operation, and maintenance of a coliseum or | 
      
        |  | multiuse facility, if the municipality: | 
      
        |  | (A)  has a population of at least 90,000 but less | 
      
        |  | than 120,000; and | 
      
        |  | (B)  is located in two counties, at least one of | 
      
        |  | which contains the headwaters of the San Gabriel River; and | 
      
        |  | (11)  for a municipality with a population of more than | 
      
        |  | 175,000 but less than 225,000 that is located in two counties, each | 
      
        |  | of which has a population of less than 200,000, the construction, | 
      
        |  | improvement, enlarging, equipping, repairing, operation, and | 
      
        |  | maintenance of a coliseum or multiuse facility and related | 
      
        |  | infrastructure or a venue, as defined by Section 334.001(4), Local | 
      
        |  | Government Code, that is related to the promotion of tourism. | 
      
        |  | ARTICLE 18.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
        |  | SECTION 18.001.  Section 504.202(e-1), Transportation Code, | 
      
        |  | as amended by Chapters 708 (H.B. 1128) and 716 (H.B. 1273), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (e-1)  Other than license plates issued under Subsection | 
      
        |  | (h), license plates issued under this section may include, on | 
      
        |  | request: | 
      
        |  | (1)  the emblem of the veteran's branch of service; or | 
      
        |  | (2)  one emblem from another license plate to which the | 
      
        |  | person is entitled under Section 504.308, 504.311, 504.312, | 
      
        |  | 504.313, 504.3135, 504.314, 504.315, 504.316, 504.318, 504.319, or | 
      
        |  | 504.320. | 
      
        |  | SECTION 18.002.  The heading to Section 504.502, | 
      
        |  | Transportation Code, is amended to conform to the transfer of the | 
      
        |  | offense by Chapter 1296 (H.B. 2357), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, to read as follows: | 
      
        |  | Sec. 504.502.  CERTAIN EXHIBITION VEHICLES[ ; OFFENSE]. | 
      
        |  | SECTION 18.003.  Section 644.101(b), Transportation Code, | 
      
        |  | as amended by Chapters 278 (H.B. 716) and 1130 (S.B. 58), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A police officer of any of the following municipalities | 
      
        |  | is eligible to apply for certification under this section: | 
      
        |  | (1)  a municipality with a population of 50,000 or | 
      
        |  | more; | 
      
        |  | (2)  a municipality with a population of 25,000 or more | 
      
        |  | any part of which is located in a county with a population of | 
      
        |  | 500,000 or more; | 
      
        |  | (3)  a municipality with a population of less than | 
      
        |  | 25,000: | 
      
        |  | (A)  any part of which is located in a county with | 
      
        |  | a population of 3.3 million; and | 
      
        |  | (B)  that contains or is adjacent to an | 
      
        |  | international port; | 
      
        |  | (4)  a municipality with a population of at least | 
      
        |  | 34,000 that is located in a county that borders two or more states; | 
      
        |  | (5)  a municipality any part of which is located in a | 
      
        |  | county bordering the United Mexican States; | 
      
        |  | (6)  a municipality with a population of less than | 
      
        |  | 5,000 that is located: | 
      
        |  | (A)  adjacent to a bay connected to the Gulf of | 
      
        |  | Mexico; and | 
      
        |  | (B)  in a county adjacent to a county with a | 
      
        |  | population greater than 3.3 million; | 
      
        |  | (7)  a municipality that is located: | 
      
        |  | (A)  within 25 miles of an international port; and | 
      
        |  | (B)  in a county that does not contain a highway | 
      
        |  | that is part of the national system of interstate and defense | 
      
        |  | highways and is adjacent to a county with a population greater than | 
      
        |  | 3.3 million; | 
      
        |  | (8)  a municipality with a population of less than | 
      
        |  | 8,500 that: | 
      
        |  | (A)  is the county seat; and | 
      
        |  | (B)  contains a highway that is part of the | 
      
        |  | national system of interstate and defense highways; [ or] | 
      
        |  | (9)  a municipality located in a county with a | 
      
        |  | population between 60,000 and 66,000 adjacent to a bay connected to | 
      
        |  | the Gulf of Mexico; or | 
      
        |  | (10) [ (9)]  a municipality with a population of more | 
      
        |  | than 40,000 and less than 50,000 that is located in a county with a | 
      
        |  | population of more than 285,000 and less than 300,000 that borders | 
      
        |  | the Gulf of Mexico. | 
      
        |  | ARTICLE 19.  CHANGES RELATING TO WATER CODE | 
      
        |  | SECTION 19.001.  Section 16.053(e), Water Code, as amended | 
      
        |  | by Chapters 756 (H.B. 2031), 990 (H.B. 30), and 1180 (S.B. 1101), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (e)  Each regional water planning group shall submit to the | 
      
        |  | development board a regional water plan that: | 
      
        |  | (1)  is consistent with the guidance principles for the | 
      
        |  | state water plan adopted by the development board under Section | 
      
        |  | 16.051(d); | 
      
        |  | (2)  provides information based on data provided or | 
      
        |  | approved by the development board in a format consistent with the | 
      
        |  | guidelines provided by the development board under Subsection (d); | 
      
        |  | (2-a)  is consistent with the desired future conditions | 
      
        |  | adopted under Section 36.108 for the relevant aquifers located in | 
      
        |  | the regional water planning area as of the date the board most | 
      
        |  | recently adopted a state water plan under Section 16.051 or, at the | 
      
        |  | option of the regional water planning group, established subsequent | 
      
        |  | to the adoption of the most recent plan; provided, however, that if | 
      
        |  | no groundwater conservation district exists within the area of the | 
      
        |  | regional water planning group, the regional water planning group | 
      
        |  | shall determine the supply of groundwater for regional planning | 
      
        |  | purposes; the Texas Water Development Board shall review and | 
      
        |  | approve, prior to inclusion in the regional water plan, that the | 
      
        |  | groundwater supply for the regional planning group without a | 
      
        |  | groundwater conservation district in its area is physically | 
      
        |  | compatible, using the board's groundwater availability models, | 
      
        |  | with the desired future conditions adopted under Section 36.108 for | 
      
        |  | the relevant aquifers in the groundwater management area that are | 
      
        |  | regulated by groundwater conservation districts; | 
      
        |  | (3)  identifies: | 
      
        |  | (A)  each source of water supply in the regional | 
      
        |  | water planning area, including information supplied by the | 
      
        |  | executive administrator on the amount of modeled available | 
      
        |  | groundwater in accordance with the guidelines provided by the | 
      
        |  | development board under Subsections (d) and (f); | 
      
        |  | (B)  factors specific to each source of water | 
      
        |  | supply to be considered in determining whether to initiate a | 
      
        |  | drought response; | 
      
        |  | (C)  actions to be taken as part of the response; | 
      
        |  | and | 
      
        |  | (D)  existing major water infrastructure | 
      
        |  | facilities that may be used for interconnections in the event of an | 
      
        |  | emergency shortage of water; | 
      
        |  | (4)  has specific provisions for water management | 
      
        |  | strategies to be used during a drought of record; | 
      
        |  | (5)  includes but is not limited to consideration of | 
      
        |  | the following: | 
      
        |  | (A)  any existing water or drought planning | 
      
        |  | efforts addressing all or a portion of the region and potential | 
      
        |  | impacts on public health, safety, or welfare in this state; | 
      
        |  | (B)  approved groundwater conservation district | 
      
        |  | management plans and other plans submitted under Section 16.054; | 
      
        |  | (C)  all potentially feasible water management | 
      
        |  | strategies, including but not limited to improved conservation, | 
      
        |  | reuse, and management of existing water supplies, conjunctive use, | 
      
        |  | acquisition of available existing water supplies, and development | 
      
        |  | of new water supplies; | 
      
        |  | (D)  protection of existing water rights in the | 
      
        |  | region; | 
      
        |  | (E)  opportunities for and the benefits of | 
      
        |  | developing regional water supply facilities or providing regional | 
      
        |  | management of water supply facilities; | 
      
        |  | (F)  appropriate provision for environmental | 
      
        |  | water needs and for the effect of upstream development on the bays, | 
      
        |  | estuaries, and arms of the Gulf of Mexico and the effect of plans on | 
      
        |  | navigation; | 
      
        |  | (G)  provisions in Section 11.085(k)(1) if | 
      
        |  | interbasin transfers are contemplated; | 
      
        |  | (H)  voluntary transfer of water within the region | 
      
        |  | using, but not limited to, regional water banks, sales, leases, | 
      
        |  | options, subordination agreements, and financing agreements; | 
      
        |  | (I)  emergency transfer of water under Section | 
      
        |  | 11.139, including information on the part of each permit, certified | 
      
        |  | filing, or certificate of adjudication for nonmunicipal use in the | 
      
        |  | region that may be transferred without causing unreasonable damage | 
      
        |  | to the property of the nonmunicipal water rights holder; and | 
      
        |  | (J)  opportunities for and the benefits of | 
      
        |  | developing large-scale desalination facilities for: | 
      
        |  | (i)  marine seawater that serve local or | 
      
        |  | regional entities; and | 
      
        |  | (ii)  [ (J) opportunities for and the  | 
      
        |  | benefits of developing large-scale desalination facilities for] | 
      
        |  | seawater or brackish groundwater that serve local or regional | 
      
        |  | brackish groundwater production zones identified and designated | 
      
        |  | under Section 16.060(b)(5); | 
      
        |  | (6)  identifies river and stream segments of unique | 
      
        |  | ecological value and sites of unique value for the construction of | 
      
        |  | reservoirs that the regional water planning group recommends for | 
      
        |  | protection under Section 16.051; | 
      
        |  | (7)  assesses the impact of the plan on unique river and | 
      
        |  | stream segments identified in Subdivision (6) if the regional water | 
      
        |  | planning group or the legislature determines that a site of unique | 
      
        |  | ecological value exists; | 
      
        |  | (8)  describes the impact of proposed water projects on | 
      
        |  | water quality; and | 
      
        |  | (9)  includes information on: | 
      
        |  | (A)  projected water use and conservation in the | 
      
        |  | regional water planning area; and | 
      
        |  | (B)  the implementation of state and regional | 
      
        |  | water plan projects, including water conservation strategies, | 
      
        |  | necessary to meet the state's projected water demands. | 
      
        |  | SECTION 19.002.  Section 16.060, Water Code, as amended by | 
      
        |  | Chapter 990 (H.B. 30), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, and repealed by Chapter 756 (H.B. 2031), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 16.060.  DESALINATION STUDIES AND RESEARCH.  (a)  The | 
      
        |  | board shall undertake or participate in research, feasibility and | 
      
        |  | facility planning studies, investigations, and surveys as it | 
      
        |  | considers necessary to further the development of cost-effective | 
      
        |  | water supplies from seawater or brackish groundwater desalination | 
      
        |  | in the state. | 
      
        |  | (b)  The board shall prepare a biennial progress report on | 
      
        |  | the implementation of seawater or brackish groundwater | 
      
        |  | desalination activities in the state and shall submit it to the | 
      
        |  | governor, lieutenant governor, and speaker of the house of | 
      
        |  | representatives not later than December 1 of each even-numbered | 
      
        |  | year. The report shall include: | 
      
        |  | (1)  results of the board's studies and activities | 
      
        |  | relative to seawater or brackish groundwater desalination during | 
      
        |  | the preceding biennium; | 
      
        |  | (2)  identification and evaluation of research, | 
      
        |  | regulatory, technical, and financial impediments to the | 
      
        |  | implementation of seawater or brackish groundwater desalination | 
      
        |  | projects; | 
      
        |  | (3)  evaluation of the role the state should play in | 
      
        |  | furthering the development of large-scale seawater or brackish | 
      
        |  | groundwater desalination projects in the state; | 
      
        |  | (4)  the anticipated appropriation from general | 
      
        |  | revenues necessary to continue investigating water desalination | 
      
        |  | activities in the state during the next biennium; and | 
      
        |  | (5)  identification and designation of local or | 
      
        |  | regional brackish groundwater production zones in areas of the | 
      
        |  | state with moderate to high availability and productivity of | 
      
        |  | brackish groundwater that can be used to reduce the use of fresh | 
      
        |  | groundwater and that: | 
      
        |  | (A)  are separated by hydrogeologic barriers | 
      
        |  | sufficient to prevent significant impacts to water availability or | 
      
        |  | water quality in any area of the same or other aquifers, | 
      
        |  | subdivisions of aquifers, or geologic strata that have an average | 
      
        |  | total dissolved solids level of 1,000 milligrams per liter or less | 
      
        |  | at the time of designation of the zones; and | 
      
        |  | (B)  are not located in: | 
      
        |  | (i)  an area of the Edwards Aquifer subject | 
      
        |  | to the jurisdiction of the Edwards Aquifer Authority; | 
      
        |  | (ii)  the boundaries of the: | 
      
        |  | (a)  Barton Springs-Edwards Aquifer | 
      
        |  | Conservation District; | 
      
        |  | (b)  Harris-Galveston Subsidence | 
      
        |  | District; or | 
      
        |  | (c)  Fort Bend Subsidence District; | 
      
        |  | (iii)  an aquifer, subdivision of an | 
      
        |  | aquifer, or geologic stratum that: | 
      
        |  | (a)  has an average total dissolved | 
      
        |  | solids level of more than 1,000 milligrams per liter; and | 
      
        |  | (b)  is serving as a significant source | 
      
        |  | of water supply for municipal, domestic, or agricultural purposes | 
      
        |  | at the time of designation of the zones; or | 
      
        |  | (iv)  an area of a geologic stratum that is | 
      
        |  | designated or used for wastewater injection through the use of | 
      
        |  | injection wells or disposal wells permitted under Chapter 27. | 
      
        |  | (c)  The board shall actively pursue federal sources of | 
      
        |  | funding for desalination projects in the state. | 
      
        |  | (d)  The board shall work together with groundwater | 
      
        |  | conservation districts and stakeholders and shall consider the | 
      
        |  | Brackish Groundwater Manual for Texas Regional Water Planning | 
      
        |  | Groups, and any updates to the manual, and other relevant | 
      
        |  | scientific data or findings when identifying and designating | 
      
        |  | brackish groundwater production zones under Subsection (b)(5). | 
      
        |  | (e)  In designating a brackish groundwater production zone | 
      
        |  | under this section, the board shall: | 
      
        |  | (1)  determine the amount of brackish groundwater that | 
      
        |  | the zone is capable of producing over a 30-year period and a 50-year | 
      
        |  | period without causing a significant impact to water availability | 
      
        |  | or water quality as described by Subsection (b)(5)(A); and | 
      
        |  | (2)  include in the designation description: | 
      
        |  | (A)  the amounts of brackish groundwater that the | 
      
        |  | zone is capable of producing during the periods described by | 
      
        |  | Subdivision (1); and | 
      
        |  | (B)  recommendations regarding reasonable | 
      
        |  | monitoring to observe the effects of brackish groundwater | 
      
        |  | production within the zone. | 
      
        |  | SECTION 19.003.  Section 36.001(31), Water Code, as added by | 
      
        |  | Chapter 415 (H.B. 2767), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is repealed as duplicative of Section 36.001(31), | 
      
        |  | Water Code, as added by Chapter 308 (S.B. 854), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015. | 
      
        |  | ARTICLE 20.  CHANGES RELATING TO THE DISPOSITION OF CERTAIN | 
      
        |  | CIVIL STATUTES | 
      
        |  | SECTION 20.001.  (a)  Section 86.17, Education Code, is | 
      
        |  | repealed to conform to Chapter 570 (H.B. 1323), Acts of the 62nd | 
      
        |  | Legislature, Regular Session, 1971. | 
      
        |  | (b)  Section 1, Chapter 570 (H.B. 1323), Acts of the 62nd | 
      
        |  | Legislature, Regular Session, 1971, is repealed as executed. | 
      
        |  | SECTION 20.002.  (a)  The Health and Safety Code is amended | 
      
        |  | to codify the Texas Environmental, Health, and Safety Audit | 
      
        |  | Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) by | 
      
        |  | adding Title 13 to read as follows: | 
      
        |  | TITLE 13.  ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE ACT | 
      
        |  | CHAPTER 1101.  ENVIRONMENTAL, HEALTH, AND SAFETY AUDIT PRIVILEGE | 
      
        |  | ACT | 
      
        |  | SUBCHAPTER A.  GENERAL PROVISIONS | 
      
        |  | Sec. 1101.001.  SHORT TITLE.  This chapter may be cited as | 
      
        |  | the Texas Environmental, Health, and Safety Audit Privilege Act. | 
      
        |  | (Acts 74th Leg., R.S., Ch. 219, Sec. 1.) | 
      
        |  | Sec. 1101.002.  PURPOSE; CIRCUMVENTION BY RULE PROHIBITED. | 
      
        |  | (a)  The purpose of this chapter is to encourage voluntary | 
      
        |  | compliance with environmental and occupational health and safety | 
      
        |  | laws. | 
      
        |  | (b)  A regulatory agency may not adopt a rule or impose a | 
      
        |  | condition that circumvents the purpose of this chapter.  (Acts 74th | 
      
        |  | Leg., R.S., Ch. 219, Secs. 2, 11.) | 
      
        |  | Sec. 1101.003.  DEFINITIONS.  (a)  In this chapter: | 
      
        |  | (1)  "Acquisition closing date" means the date on which | 
      
        |  | ownership of, or a direct or indirect majority interest in the | 
      
        |  | ownership of, a regulated facility or operation is acquired in an | 
      
        |  | asset purchase, equity purchase, merger, or similar transaction. | 
      
        |  | (2)  "Audit report" means an audit report described by | 
      
        |  | Section 1101.051. | 
      
        |  | (3)  "Environmental or health and safety audit" or | 
      
        |  | "audit" means a systematic voluntary evaluation, review, or | 
      
        |  | assessment of compliance with environmental or health and safety | 
      
        |  | laws or with any permit issued under an environmental or health and | 
      
        |  | safety law conducted by an owner or operator, an employee of an | 
      
        |  | owner or operator, a person, including an employee or independent | 
      
        |  | contractor of the person, that is considering the acquisition of a | 
      
        |  | regulated facility or operation, or an independent contractor of: | 
      
        |  | (A)  a regulated facility or operation; or | 
      
        |  | (B)  an activity at a regulated facility or | 
      
        |  | operation. | 
      
        |  | (4)  "Environmental or health and safety law" means: | 
      
        |  | (A)  a federal or state environmental or | 
      
        |  | occupational health and safety law; or | 
      
        |  | (B)  a rule, regulation, or regional or local law | 
      
        |  | adopted in conjunction with a law described by Paragraph (A). | 
      
        |  | (5)  "Owner or operator" means a person who owns or | 
      
        |  | operates a regulated facility or operation. | 
      
        |  | (6)  "Penalty" means an administrative, civil, or | 
      
        |  | criminal sanction imposed by the state to punish a person for a | 
      
        |  | violation of a statute or rule.  The term does not include a | 
      
        |  | technical or remedial provision ordered by a regulatory authority. | 
      
        |  | (7)  "Regulated facility or operation" means a facility | 
      
        |  | or operation that is regulated under an environmental or health and | 
      
        |  | safety law. | 
      
        |  | (b)  A person acts intentionally for purposes of this chapter | 
      
        |  | if the person acts intentionally within the meaning of Section | 
      
        |  | 6.03, Penal Code. | 
      
        |  | (c)  For purposes of this chapter, a person acts knowingly, | 
      
        |  | or with knowledge, with respect to the nature of the person's | 
      
        |  | conduct when the person is aware of the person's physical acts.  A | 
      
        |  | person acts knowingly, or with knowledge, with respect to the | 
      
        |  | result of the person's conduct when the person is aware that the | 
      
        |  | conduct will cause the result. | 
      
        |  | (d)  A person acts recklessly or is reckless for purposes of | 
      
        |  | this chapter if the person acts recklessly or is reckless within the | 
      
        |  | meaning of Section 6.03, Penal Code. | 
      
        |  | (e)  To fully implement the privilege established by this | 
      
        |  | chapter, the term "environmental or health and safety law" shall be | 
      
        |  | construed broadly.  (Acts 74th Leg., R.S., Ch. 219, Sec. 3.) | 
      
        |  | Sec. 1101.004.   APPLICABILITY.  The privilege established | 
      
        |  | by this chapter applies to environmental or health and safety | 
      
        |  | audits that are conducted on or after May 23, 1995.  (Acts 74th | 
      
        |  | Leg., R.S., Ch. 219, Sec. 12.) | 
      
        |  | Sec. 1101.005.  RELATIONSHIP TO OTHER RECOGNIZED | 
      
        |  | PRIVILEGES. This chapter does not limit, waive, or abrogate the | 
      
        |  | scope or nature of any statutory or common law privilege, including | 
      
        |  | the work product doctrine and the attorney-client privilege.  (Acts | 
      
        |  | 74th Leg., R.S., Ch. 219, Sec. 13.) | 
      
        |  | SUBCHAPTER B.  GENERAL AUDIT PROVISIONS | 
      
        |  | Sec. 1101.051.  AUDIT REPORT.  (a)  An audit report is a | 
      
        |  | report that includes each document and communication, other than | 
      
        |  | those described by Section 1101.102, produced from an environmental | 
      
        |  | or health and safety audit. | 
      
        |  | (b)  General components that may be contained in a completed | 
      
        |  | audit report include: | 
      
        |  | (1)  a report prepared by an auditor, monitor, or | 
      
        |  | similar person, which may include: | 
      
        |  | (A)  a description of the scope of the audit; | 
      
        |  | (B)  the information gained in the audit and | 
      
        |  | findings, conclusions, and recommendations; and | 
      
        |  | (C)  exhibits and appendices; | 
      
        |  | (2)  memoranda and documents analyzing all or a portion | 
      
        |  | of the materials described by Subdivision (1) or discussing | 
      
        |  | implementation issues; and | 
      
        |  | (3)  an implementation plan or tracking system to | 
      
        |  | correct past noncompliance, improve current compliance, or prevent | 
      
        |  | future noncompliance. | 
      
        |  | (c)  The types of exhibits and appendices that may be | 
      
        |  | contained in an audit report include supporting information that is | 
      
        |  | collected or developed for the primary purpose of and in the course | 
      
        |  | of an environmental or health and safety audit, including: | 
      
        |  | (1)  interviews with current or former employees; | 
      
        |  | (2)  field notes and records of observations; | 
      
        |  | (3)  findings, opinions, suggestions, conclusions, | 
      
        |  | guidance, notes, drafts, and memoranda; | 
      
        |  | (4)  legal analyses; | 
      
        |  | (5)  drawings; | 
      
        |  | (6)  photographs; | 
      
        |  | (7)  laboratory analyses and other analytical data; | 
      
        |  | (8)  computer-generated or electronically recorded | 
      
        |  | information; | 
      
        |  | (9)  maps, charts, graphs, and surveys; and | 
      
        |  | (10)  other communications associated with an | 
      
        |  | environmental or health and safety audit. | 
      
        |  | (d)  To facilitate identification, each document in an audit | 
      
        |  | report should be labeled "COMPLIANCE REPORT:  PRIVILEGED DOCUMENT" | 
      
        |  | or labeled with words of similar import.  Failure to label a | 
      
        |  | document under this section does not constitute a waiver of the | 
      
        |  | privilege established by this chapter or create a presumption that | 
      
        |  | the privilege does or does not apply.  (Acts 74th Leg., R.S., Ch. | 
      
        |  | 219, Secs. 4(a), (b), (c), (d).) | 
      
        |  | Sec. 1101.052.  PERIOD FOR COMPLETION OF AUDIT.  (a)  Unless | 
      
        |  | an extension is approved by the governmental entity with regulatory | 
      
        |  | authority over the regulated facility or operation based on | 
      
        |  | reasonable grounds, an environmental or health and safety audit | 
      
        |  | must be completed within a reasonable time not to exceed six months | 
      
        |  | after: | 
      
        |  | (1)  the date the audit is initiated; or | 
      
        |  | (2)  the acquisition closing date, if the person | 
      
        |  | continues the audit under Section 1101.053. | 
      
        |  | (b)  Subsection (a)(1) does not apply to an environmental or | 
      
        |  | health and safety audit conducted before the acquisition closing | 
      
        |  | date by a person that is considering the acquisition of the | 
      
        |  | regulated facility or operation.  (Acts 74th Leg., R.S., Ch. 219, | 
      
        |  | Secs. 4(e), (f).) | 
      
        |  | Sec. 1101.053.  CONTINUATION OF AUDIT BEGUN BEFORE | 
      
        |  | ACQUISITION CLOSING DATE.  A person that begins an environmental or | 
      
        |  | health and safety audit before becoming the owner of a regulated | 
      
        |  | facility or operation may continue the audit after the acquisition | 
      
        |  | closing date if the person gives notice under Section 1101.155. | 
      
        |  | (Acts 74th Leg., R.S., Ch. 219, Sec. 4(d-1).) | 
      
        |  | SUBCHAPTER C.  PRIVILEGE | 
      
        |  | Sec. 1101.101.  SCOPE OF PRIVILEGE.  (a)  An audit report is | 
      
        |  | privileged as provided by this section. | 
      
        |  | (b)  Except as provided by Sections 1101.102, 1101.103, and | 
      
        |  | 1101.104, any part of an audit report is privileged and is not | 
      
        |  | admissible as evidence or subject to discovery in: | 
      
        |  | (1)  a civil action, whether legal or equitable; or | 
      
        |  | (2)  an administrative proceeding. | 
      
        |  | (c)  A person, when called or subpoenaed as a witness, may | 
      
        |  | not be compelled to testify or produce a document related to an | 
      
        |  | environmental or health and safety audit if: | 
      
        |  | (1)  the testimony or document discloses any item | 
      
        |  | listed in Section 1101.051 that was made as part of the preparation | 
      
        |  | of an audit report and that is addressed in a privileged part of an | 
      
        |  | audit report;  and | 
      
        |  | (2)  the person is: | 
      
        |  | (A)  a person who conducted any portion of the | 
      
        |  | audit but did not personally observe the physical events; | 
      
        |  | (B)  a person to whom the audit results are | 
      
        |  | disclosed under Section 1101.103(b); or | 
      
        |  | (C)  a custodian of the audit results. | 
      
        |  | (d)  A person who conducts or participates in the preparation | 
      
        |  | of an environmental or health and safety audit and who has actually | 
      
        |  | observed physical events of violation may testify about those | 
      
        |  | events but may not be compelled to testify about or produce | 
      
        |  | documents related to the preparation of or any privileged part of an | 
      
        |  | environmental or health and safety audit or any item listed in | 
      
        |  | Section 1101.051. | 
      
        |  | (e)  An employee of a state agency may not request, review, | 
      
        |  | or otherwise use an audit report during an agency inspection of a | 
      
        |  | regulated facility or operation or an activity of a regulated | 
      
        |  | facility or operation. | 
      
        |  | (f)  A party asserting the privilege created by this section | 
      
        |  | has the burden of establishing the applicability of the privilege. | 
      
        |  | (Acts 74th Leg., R.S., Ch. 219, Sec. 5.) | 
      
        |  | Sec. 1101.102.  NONPRIVILEGED MATERIALS.  (a)  The | 
      
        |  | privilege established by Section 1101.101 does not apply to: | 
      
        |  | (1)  a document, communication, datum, or report or | 
      
        |  | other information required by a regulatory agency to be collected, | 
      
        |  | developed, maintained, or reported under a federal or state | 
      
        |  | environmental or health and safety law; | 
      
        |  | (2)  information obtained by observation, sampling, or | 
      
        |  | monitoring by a regulatory agency; or | 
      
        |  | (3)  information obtained from a source not involved in | 
      
        |  | the preparation of the audit report. | 
      
        |  | (b)  This section does not limit the right of a person to | 
      
        |  | agree to conduct and disclose an audit report. (Acts 74th Leg., | 
      
        |  | R.S., Ch. 219, Sec. 8.) | 
      
        |  | Sec. 1101.103.  EXCEPTION:  WAIVER.  (a)  The privilege | 
      
        |  | established by Section 1101.101 does not apply to the extent the | 
      
        |  | privilege is expressly waived by the owner or operator who prepared | 
      
        |  | the audit report or caused the report to be prepared. | 
      
        |  | (b)  Disclosure of an audit report or any information | 
      
        |  | generated by an environmental or health and safety audit does not | 
      
        |  | waive the privilege established by Section 1101.101 if the | 
      
        |  | disclosure: | 
      
        |  | (1)  is made to address or correct a matter raised by | 
      
        |  | the audit and is made only to: | 
      
        |  | (A)  a person employed by the owner or operator, | 
      
        |  | including a temporary or contract employee; | 
      
        |  | (B)  a legal representative of the owner or | 
      
        |  | operator; | 
      
        |  | (C)  an officer or director of the regulated | 
      
        |  | facility or operation or a partner of the owner or operator; | 
      
        |  | (D)  an independent contractor of the owner or | 
      
        |  | operator; | 
      
        |  | (E)  a person considering the acquisition of the | 
      
        |  | regulated facility or operation that is the subject of the audit; or | 
      
        |  | (F)  an employee, temporary employee, contract | 
      
        |  | employee, legal representative, officer, director, partner, or | 
      
        |  | independent contractor of a person described by Paragraph (E); | 
      
        |  | (2)  is made under the terms of a confidentiality | 
      
        |  | agreement between the person for whom the audit report was prepared | 
      
        |  | or the owner or operator of the audited facility or operation and: | 
      
        |  | (A)  a partner or potential partner of the owner | 
      
        |  | or operator of the facility or operation; | 
      
        |  | (B)  a transferee or potential transferee of the | 
      
        |  | facility or operation; | 
      
        |  | (C)  a lender or potential lender for the facility | 
      
        |  | or operation; | 
      
        |  | (D)  a governmental official of a state; or | 
      
        |  | (E)  a person engaged in the business of insuring, | 
      
        |  | underwriting, or indemnifying the facility or operation; or | 
      
        |  | (3)  is made under a claim of confidentiality to a | 
      
        |  | governmental official or agency by the person for whom the audit | 
      
        |  | report was prepared or by the owner or operator. | 
      
        |  | (c)  A party to a confidentiality agreement described by | 
      
        |  | Subsection (b)(2) who violates that agreement is liable for damages | 
      
        |  | caused by the disclosure and for any other penalties stipulated in | 
      
        |  | the confidentiality agreement. | 
      
        |  | (d)  Information that is disclosed under Subsection (b)(3) | 
      
        |  | is confidential and is not subject to disclosure under Chapter 552, | 
      
        |  | Government Code.  A public entity, public employee, or public | 
      
        |  | official who discloses information in violation of this subsection | 
      
        |  | is subject to any penalty provided by Chapter 552, Government Code. | 
      
        |  | It is an affirmative defense to the clerical dissemination of a | 
      
        |  | privileged audit report that the report was not clearly labeled | 
      
        |  | "COMPLIANCE REPORT:  PRIVILEGED DOCUMENT" or labeled with words of | 
      
        |  | similar import.  The lack of labeling may not be raised as a defense | 
      
        |  | if the entity, employee, or official knew or had reason to know that | 
      
        |  | the document was a privileged audit report. | 
      
        |  | (e)  This section may not be construed to circumvent the | 
      
        |  | protections provided by federal or state law for individuals who | 
      
        |  | disclose information to law enforcement authorities. (Acts 74th | 
      
        |  | Leg., R.S., Ch. 219, Sec. 6.) | 
      
        |  | Sec. 1101.104.  EXCEPTION:  DISCLOSURE REQUIRED BY COURT OR | 
      
        |  | ADMINISTRATIVE HEARINGS OFFICIAL.  (a)  A court or administrative | 
      
        |  | hearings official with competent jurisdiction may require | 
      
        |  | disclosure of a portion of an audit report in a civil or | 
      
        |  | administrative proceeding if the court or administrative hearings | 
      
        |  | official determines, after an in camera review consistent with the | 
      
        |  | appropriate rules of procedure, that: | 
      
        |  | (1)  the privilege is asserted for a fraudulent | 
      
        |  | purpose; | 
      
        |  | (2)  the portion of the audit report is not subject to | 
      
        |  | the privilege by application of Section 1101.102; or | 
      
        |  | (3)  the portion of the audit report shows evidence of | 
      
        |  | noncompliance with an environmental or health and safety law and | 
      
        |  | appropriate efforts to achieve compliance with the law were not | 
      
        |  | promptly initiated and pursued with reasonable diligence after | 
      
        |  | discovery of noncompliance. | 
      
        |  | (b)  A party seeking disclosure under this section has the | 
      
        |  | burden of proving that Subsection (a)(1), (2), or (3) applies. | 
      
        |  | (c)  Notwithstanding Chapter 2001, Government Code, a | 
      
        |  | decision of an administrative hearings official under Subsection | 
      
        |  | (a)(1), (2), or (3) of this section is directly appealable to a | 
      
        |  | court of competent jurisdiction without disclosure of the audit | 
      
        |  | report to any person unless so ordered by the court. | 
      
        |  | (d)  A person claiming the privilege is subject to sanctions | 
      
        |  | as provided by Rule 215 of the Texas Rules of Civil Procedure or to a | 
      
        |  | fine not to exceed $10,000 if the court finds, consistent with | 
      
        |  | fundamental due process, that the person intentionally or knowingly | 
      
        |  | claimed the privilege for information that, by application of | 
      
        |  | Section 1101.102, is not subject to the privilege. | 
      
        |  | (e)  A determination of a court under this section is subject | 
      
        |  | to interlocutory appeal to an appropriate appellate court. (Acts | 
      
        |  | 74th Leg., R.S., Ch. 219, Sec. 7.) | 
      
        |  | Sec. 1101.105.  REVIEW OF PRIVILEGED DOCUMENTS BY | 
      
        |  | GOVERNMENTAL AUTHORITY.  (a)  If an audit report is obtained, | 
      
        |  | reviewed, or used in a criminal proceeding, the administrative or | 
      
        |  | civil evidentiary privilege established by Section 1101.101 is not | 
      
        |  | waived or eliminated for any other purpose. | 
      
        |  | (b)  Notwithstanding the privilege established by Section | 
      
        |  | 1101.101, a regulatory agency may review information that is | 
      
        |  | required to be available under a specific state or federal law, but | 
      
        |  | that review does not waive or eliminate the administrative or civil | 
      
        |  | evidentiary privilege if applicable. | 
      
        |  | (c)  If information is required to be available to the public | 
      
        |  | by operation of a specific state or federal law, the governmental | 
      
        |  | authority shall notify the person claiming the privilege of the | 
      
        |  | potential for public disclosure before obtaining the information | 
      
        |  | under Subsection (a) or (b). | 
      
        |  | (d)  If privileged information is disclosed under Subsection | 
      
        |  | (b) or (c), on the motion of a party, a court or the appropriate | 
      
        |  | administrative official shall suppress evidence offered in any | 
      
        |  | civil or administrative proceeding that arises or is derived from | 
      
        |  | review, disclosure, or use of information obtained under this | 
      
        |  | section unless the review, disclosure, or use is authorized under | 
      
        |  | Section 1101.102.  A party having received information under | 
      
        |  | Subsection (b) or (c) has the burden of proving that the evidence | 
      
        |  | offered did not arise and was not derived from the review of | 
      
        |  | privileged information. (Acts 74th Leg., R.S., Ch. 219, Sec. 9.) | 
      
        |  | SUBCHAPTER D.  VOLUNTARY DISCLOSURE; IMMUNITY | 
      
        |  | Sec. 1101.151.  IMMUNITY FOR VIOLATION VOLUNTARILY | 
      
        |  | DISCLOSED.  Except as otherwise provided by this subchapter, a | 
      
        |  | person who makes a voluntary disclosure of a violation of an | 
      
        |  | environmental or health and safety law is immune from an | 
      
        |  | administrative or civil penalty for the violation disclosed. (Acts | 
      
        |  | 74th Leg., R.S., Ch. 219, Sec. 10(a).) | 
      
        |  | Sec. 1101.152.  NATURE OF VOLUNTARY DISCLOSURE.  (a)  A | 
      
        |  | disclosure is voluntary for purposes of this subchapter only if: | 
      
        |  | (1)  the disclosure was made: | 
      
        |  | (A)  promptly after knowledge of the information | 
      
        |  | disclosed is obtained by the person making the disclosure; or | 
      
        |  | (B)  not later than the 45th day after the | 
      
        |  | acquisition closing date, if the violation was discovered during an | 
      
        |  | audit conducted before the acquisition closing date by a person | 
      
        |  | considering the acquisition of the regulated facility or operation; | 
      
        |  | (2)  the disclosure was made in writing by certified | 
      
        |  | mail to an agency that has regulatory authority with regard to the | 
      
        |  | violation disclosed; | 
      
        |  | (3)  an investigation of the violation was not | 
      
        |  | initiated or the violation was not independently detected by an | 
      
        |  | agency with enforcement jurisdiction before the disclosure was made | 
      
        |  | using certified mail; | 
      
        |  | (4)  the disclosure arises out of a voluntary | 
      
        |  | environmental or health and safety audit; | 
      
        |  | (5)  the person making the disclosure initiates an | 
      
        |  | appropriate effort to achieve compliance, pursues that effort with | 
      
        |  | due diligence, and corrects the noncompliance within a reasonable | 
      
        |  | time; | 
      
        |  | (6)  the person making the disclosure cooperates with | 
      
        |  | the appropriate agency in connection with an investigation of the | 
      
        |  | issues identified in the disclosure; and | 
      
        |  | (7)  the violation did not result in: | 
      
        |  | (A)  injury or imminent and substantial risk of | 
      
        |  | serious injury to one or more persons at the site; or | 
      
        |  | (B)  off-site substantial actual harm or imminent | 
      
        |  | and substantial risk of harm to persons, property, or the | 
      
        |  | environment. | 
      
        |  | (b)  For a disclosure described by Subsection (a)(1)(B), the | 
      
        |  | person making the disclosure must certify in the disclosure that | 
      
        |  | before the acquisition closing date: | 
      
        |  | (1)  the person was not responsible for the | 
      
        |  | environmental, health, or safety compliance at the regulated | 
      
        |  | facility or operation that is subject to the disclosure; | 
      
        |  | (2)  the person did not have the largest ownership | 
      
        |  | share of the seller; | 
      
        |  | (3)  the seller did not have the largest ownership | 
      
        |  | share of the person; and | 
      
        |  | (4)  the person and the seller did not have a common | 
      
        |  | corporate parent or a common majority interest owner. | 
      
        |  | (c)  A disclosure is not voluntary for purposes of this | 
      
        |  | subchapter if the disclosure is a report to a regulatory agency | 
      
        |  | required solely by a specific condition of an enforcement order or | 
      
        |  | decree.  (Acts 74th Leg., R.S., Ch. 219, Secs. 10(b), (b-1), (c).) | 
      
        |  | Sec. 1101.153.  BURDEN OF PROOF WITH RESPECT TO VOLUNTARY | 
      
        |  | DISCLOSURE.  (a)  In a civil or administrative enforcement action | 
      
        |  | brought against a person for a violation for which the person claims | 
      
        |  | to have made a voluntary disclosure, the person claiming the | 
      
        |  | immunity created by this subchapter has the burden of establishing | 
      
        |  | a prima facie case that the disclosure was voluntary. | 
      
        |  | (b)  After the person claiming the immunity establishes a | 
      
        |  | prima facie case of voluntary disclosure, other than a case in which | 
      
        |  | immunity does not apply under Section 1101.157, the enforcement | 
      
        |  | authority has the burden of rebutting the presumption by a | 
      
        |  | preponderance of the evidence.  (Acts 74th Leg., R.S., Ch. 219, Sec. | 
      
        |  | 10(f).) | 
      
        |  | Sec. 1101.154.  NOTICE REQUIREMENT.  (a)  This section does | 
      
        |  | not apply to an environmental or health and safety audit conducted | 
      
        |  | before the acquisition closing date by a person considering the | 
      
        |  | acquisition of the regulated facility or operation that is the | 
      
        |  | subject of the audit. | 
      
        |  | (b)  To receive immunity under this subchapter, a facility | 
      
        |  | conducting an environmental or health and safety audit under this | 
      
        |  | chapter must provide notice to an appropriate regulatory agency of | 
      
        |  | the fact that it is planning to begin the audit. | 
      
        |  | (c)  The notice must specify: | 
      
        |  | (1)  the facility or portion of the facility to be | 
      
        |  | audited; | 
      
        |  | (2)  the anticipated time the audit will begin; and | 
      
        |  | (3)  the general scope of the audit. | 
      
        |  | (d)  The notice may provide notification of more than one | 
      
        |  | scheduled environmental or health and safety audit at a time.  (Acts | 
      
        |  | 74th Leg., R.S., Ch. 219, Sec. 10(g).) | 
      
        |  | Sec. 1101.155.  NOTICE REQUIREMENT FOR CERTAIN AUDITS BEGUN | 
      
        |  | BEFORE ACQUISITION CLOSING DATE.  (a)  A person that begins an | 
      
        |  | environmental or health and safety audit before becoming the owner | 
      
        |  | of the regulated facility or operation that is the subject of the | 
      
        |  | audit may continue the audit after the acquisition closing date if, | 
      
        |  | not later than the 45th day after the acquisition closing date, the | 
      
        |  | person provides notice to an appropriate regulatory agency of the | 
      
        |  | fact that the person intends to continue an ongoing audit. | 
      
        |  | (b)  The notice must specify: | 
      
        |  | (1)  the facility or portion of the facility being | 
      
        |  | audited; | 
      
        |  | (2)  the date the audit began; and | 
      
        |  | (3)  the general scope of the audit. | 
      
        |  | (c)  The person must certify in the notice that before the | 
      
        |  | acquisition closing date: | 
      
        |  | (1)  the person was not responsible for the scope of the | 
      
        |  | environmental, health, or safety compliance being audited at the | 
      
        |  | regulated facility or operation; | 
      
        |  | (2)  the person did not have the largest ownership | 
      
        |  | share of the seller; | 
      
        |  | (3)  the seller did not have the largest ownership | 
      
        |  | share of the person; and | 
      
        |  | (4)  the person and the seller did not have a common | 
      
        |  | corporate parent or a common majority interest owner.  (Acts 74th | 
      
        |  | Leg., R.S., Ch. 219, Sec. 10(g-1).) | 
      
        |  | Sec. 1101.156.  IDENTIFICATION OF VIOLATION IN COMPLIANCE | 
      
        |  | HISTORY REPORT.  A violation that has been voluntarily disclosed | 
      
        |  | and to which immunity applies under this subchapter must be | 
      
        |  | identified in a compliance history report as being voluntarily | 
      
        |  | disclosed.  (Acts 74th Leg., R.S., Ch. 219, Sec. 10(i).) | 
      
        |  | Sec. 1101.157.  EXCEPTION TO IMMUNITY:  CERTAIN VIOLATIONS | 
      
        |  | AND OFFENSES; IMPOSITION OF PENALTY; MITIGATING FACTORS.  (a)  The | 
      
        |  | immunity established by this subchapter does not apply and an | 
      
        |  | administrative or civil penalty may be imposed under applicable law | 
      
        |  | if: | 
      
        |  | (1)  the person who made the disclosure intentionally | 
      
        |  | or knowingly committed or was responsible within the meaning of | 
      
        |  | Section 7.02, Penal Code, for the commission of the disclosed | 
      
        |  | violation; | 
      
        |  | (2)  the person who made the disclosure recklessly | 
      
        |  | committed or was responsible within the meaning of Section 7.02, | 
      
        |  | Penal Code, for the commission of the disclosed violation and the | 
      
        |  | violation resulted in substantial injury to one or more persons at | 
      
        |  | the site or off-site harm to persons, property, or the environment; | 
      
        |  | (3)  the offense was committed intentionally or | 
      
        |  | knowingly by a member of the person's management or an agent of the | 
      
        |  | person and the person's policies or lack of prevention systems | 
      
        |  | contributed materially to the occurrence of the violation; | 
      
        |  | (4)  the offense was committed recklessly by a member | 
      
        |  | of the person's management or an agent of the person, the person's | 
      
        |  | policies or lack of prevention systems contributed materially to | 
      
        |  | the occurrence of the violation, and the violation resulted in | 
      
        |  | substantial injury to one or more persons at the site or off-site | 
      
        |  | harm to persons, property, or the environment; or | 
      
        |  | (5)  the violation has resulted in a substantial | 
      
        |  | economic benefit that gives the violator a clear advantage over its | 
      
        |  | business competitors. | 
      
        |  | (b)  A penalty that is imposed under Subsection (a) should, | 
      
        |  | to the extent appropriate, be mitigated by factors such as: | 
      
        |  | (1)  the voluntariness of the disclosure; | 
      
        |  | (2)  efforts by the disclosing party to conduct | 
      
        |  | environmental or health and safety audits; | 
      
        |  | (3)  remediation; | 
      
        |  | (4)  cooperation with government officials | 
      
        |  | investigating the disclosed violation; | 
      
        |  | (5)  the period of ownership of the regulated facility | 
      
        |  | or operation; or | 
      
        |  | (6)  other relevant considerations.  (Acts 74th Leg., | 
      
        |  | R.S., Ch. 219, Secs. 10(d), (e).) | 
      
        |  | Sec. 1101.158.  EXCEPTION TO IMMUNITY:  VIOLATIONS THAT | 
      
        |  | CONSTITUTE PATTERN OF DISREGARD OF ENVIRONMENTAL OR HEALTH AND | 
      
        |  | SAFETY LAWS.  (a)  The immunity established by this subchapter does | 
      
        |  | not apply if a court or administrative law judge finds that the | 
      
        |  | person claiming the immunity has, after May 23, 1995, repeatedly or | 
      
        |  | continuously committed significant violations and not attempted to | 
      
        |  | bring the facility or operation into compliance, so as to | 
      
        |  | constitute a pattern of disregard of environmental or health and | 
      
        |  | safety laws. | 
      
        |  | (b)  For violations committed by a person to be considered a | 
      
        |  | "pattern" under Subsection (a), the person must have committed a | 
      
        |  | series of violations that were due to separate and distinct events | 
      
        |  | occurring within a three-year period at the same facility or | 
      
        |  | operation.  (Acts 74th Leg., R.S., Ch. 219, Sec. 10(h).) | 
      
        |  | (b)  The Texas Environmental, Health, and Safety Audit | 
      
        |  | Privilege Act (Article 4447cc, Vernon's Texas Civil Statutes) is | 
      
        |  | repealed. | 
      
        |  | (c)  Section 552.125, Government Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 552.125.  EXCEPTION:  CERTAIN AUDITS.  Any documents or | 
      
        |  | information privileged under Chapter 1101, Health and Safety Code, | 
      
        |  | [ the Texas Environmental, Health, and Safety Audit Privilege Act] | 
      
        |  | are excepted from the requirements of Section 552.021. | 
      
        |  | (d)  Section 5.125(a), Water Code, is amended to read as | 
      
        |  | follows: | 
      
        |  | (a)  In this section, "environmental compliance assessment" | 
      
        |  | means an environmental compliance audit, pollution prevention | 
      
        |  | assessment, or environmental management system audit performed by a | 
      
        |  | small business.  The term does not include an audit conducted under | 
      
        |  | Chapter 1101, Health and Safety Code [ the Texas Environmental,  | 
      
        |  | Health, and Safety Audit Privilege Act (Article 4447cc, Vernon's  | 
      
        |  | Texas Civil Statutes)]. | 
      
        |  | SECTION 20.003.  Section 2, Chapter 7 (S.B. 80), Acts of the | 
      
        |  | 69th Legislature, Regular Session, 1985 (Article 6819a-55, | 
      
        |  | Vernon's Texas Civil Statutes), is repealed as executed. | 
      
        |  | SECTION 20.004.  (a)  Subtitle C, Title 10, Local Government | 
      
        |  | Code, is amended to codify the Cultural Education Facilities | 
      
        |  | Finance Corporation Act (Article 1528m, Vernon's Texas Civil | 
      
        |  | Statutes) by adding Chapter 337 to read as follows: | 
      
        |  | CHAPTER 337.  CULTURAL EDUCATION FACILITIES FINANCE CORPORATION | 
      
        |  | SUBCHAPTER A.  GENERAL PROVISIONS | 
      
        |  | Sec. 337.001.  SHORT TITLE.  This chapter may be cited as the | 
      
        |  | Cultural Education Facilities Finance Corporation Act.  (Acts 69th | 
      
        |  | Leg., R.S., Ch. 635, Sec. 1.) | 
      
        |  | Sec. 337.002.  LEGISLATIVE FINDINGS.  The legislature finds | 
      
        |  | that: | 
      
        |  | (1)  the health, education, and general welfare of the | 
      
        |  | people of this state require the development of new and expanded | 
      
        |  | cultural and community facilities for the purpose of: | 
      
        |  | (A)  exhibition and promotion of and education | 
      
        |  | about: | 
      
        |  | (i)  performing, dramatic, visual, and | 
      
        |  | literary arts; | 
      
        |  | (ii)  culture and history of races, ethnic | 
      
        |  | groups, and national heritage groups; and | 
      
        |  | (iii)  history, natural history, and | 
      
        |  | science; | 
      
        |  | (B)  promotion of and education about health and | 
      
        |  | physical fitness, public health and safety, conservation and | 
      
        |  | preservation of the environment or natural resources, child care, | 
      
        |  | adoption, children's services, substance abuse counseling, family | 
      
        |  | counseling, and care of persons who are elderly or have | 
      
        |  | disabilities; | 
      
        |  | (C)  administration of the provision and granting | 
      
        |  | of charitable services and grants in accomplishment of the purposes | 
      
        |  | described by Paragraph (B); | 
      
        |  | (D)  promotion of and education about activities | 
      
        |  | devoted to general cultural improvement, including scouting | 
      
        |  | programs and programs by which agencies seek to provide facilities | 
      
        |  | for retreats in urban or rural settings; | 
      
        |  | (E)  support of agencies devoted to the | 
      
        |  | eradication, elimination, or amelioration of one or more diseases | 
      
        |  | or afflictions affecting health or improving the condition of | 
      
        |  | individuals or groups within a community; and | 
      
        |  | (F)  provision of public health and safety and | 
      
        |  | charitable services to communities in times of catastrophe or | 
      
        |  | disaster; | 
      
        |  | (2)  the existence, development, and expansion of | 
      
        |  | cultural facilities are essential to the continuing education, | 
      
        |  | health, general welfare, and comfort of the citizens of this state; | 
      
        |  | (3)  the means and measures authorized and the | 
      
        |  | assistance provided by this chapter are in the public interest and | 
      
        |  | serve a public purpose in promoting the health, education, and | 
      
        |  | general welfare of the people of this state by securing and | 
      
        |  | maintaining cultural facilities and the resulting advancement of | 
      
        |  | culture and civilization; | 
      
        |  | (4)  qualified cultural organizations in this state | 
      
        |  | have invested substantial funds in useful and beneficial cultural | 
      
        |  | facilities and have experienced difficulty in undertaking | 
      
        |  | additional projects because of: | 
      
        |  | (A)  the partial inadequacy of their own funds or | 
      
        |  | of funds potentially available from local subscription sources; and | 
      
        |  | (B)  limitations of local financial institutions | 
      
        |  | in providing necessary financing for these facilities; | 
      
        |  | (5)  qualified nonprofit corporations in this state | 
      
        |  | have invested substantial funds in useful and beneficial cultural | 
      
        |  | facilities and have experienced difficulty in undertaking | 
      
        |  | additional projects because of: | 
      
        |  | (A)  the inadequacy of their own funds or of funds | 
      
        |  | potentially available from local subscription sources; and | 
      
        |  | (B)  limitations of local financial institutions | 
      
        |  | in providing necessary financing for these facilities; and | 
      
        |  | (6)  the enactment of this chapter will: | 
      
        |  | (A)  secure for present and future generations the | 
      
        |  | benefits and nurturance derived from these cultural facilities; and | 
      
        |  | (B)  enhance the public health and welfare of | 
      
        |  | communities receiving the benefit of the cultural facilities. | 
      
        |  | (Acts 69th Leg., R.S., Ch. 635, Sec. 2(a).) | 
      
        |  | Sec. 337.003.  CONSTRUCTION.  (a)  This chapter shall be | 
      
        |  | liberally construed to carry out the intention of the legislature. | 
      
        |  | (b)  If this chapter conflicts with a provision of another | 
      
        |  | law, this chapter prevails. | 
      
        |  | (c)  It is the intent of the legislature that a corporation | 
      
        |  | authorized under this chapter is a public corporation, constituted | 
      
        |  | authority, and instrumentality authorized to issue bonds on behalf | 
      
        |  | of the municipality or county on behalf of which the corporation is | 
      
        |  | created, all within the meaning of Section 103, Internal Revenue | 
      
        |  | Code of 1986, and the regulations adopted and rulings issued under | 
      
        |  | that section, and this chapter shall be construed accordingly. | 
      
        |  | (Acts 69th Leg., R.S., Ch. 635, Secs. 2(b), 5(a), (b) (part).) | 
      
        |  | Sec. 337.004.  DEFINITIONS.  In this chapter: | 
      
        |  | (1)  "Board" means the board of directors of a | 
      
        |  | corporation. | 
      
        |  | (2)  "Bond" means a bond, note, interim certificate, or | 
      
        |  | other evidence of indebtedness of a corporation issued under this | 
      
        |  | chapter. | 
      
        |  | (3)  "Corporation" means a cultural education | 
      
        |  | facilities finance corporation created under this chapter. | 
      
        |  | (4)  "Cost," as applied to a cultural facility, means | 
      
        |  | the cost of the cultural facility, including: | 
      
        |  | (A)  the cost of the acquisition of land or a | 
      
        |  | right-of-way, an option to purchase land, an easement, a leasehold | 
      
        |  | estate in land, or another interest in land related to the cultural | 
      
        |  | facility; | 
      
        |  | (B)  the cost of acquisition, construction, | 
      
        |  | repair, renovation, remodeling, or improvement of a building or | 
      
        |  | structure to be used as or in conjunction with the cultural | 
      
        |  | facility; | 
      
        |  | (C)  the cost of site preparation, including the | 
      
        |  | cost of demolishing or removing a building or structure the removal | 
      
        |  | of which is necessary or incident to providing the cultural | 
      
        |  | facility; | 
      
        |  | (D)  the cost of architectural, engineering, | 
      
        |  | legal, and related services; the cost of the preparation of a plan, | 
      
        |  | specification, study, survey, or estimate of cost and revenue; and | 
      
        |  | other expenses necessary or incident to planning, providing, or | 
      
        |  | determining the feasibility and practicability of the cultural | 
      
        |  | facility; | 
      
        |  | (E)  the cost of machinery, equipment, | 
      
        |  | furnishings, and facilities necessary or incident to the equipping | 
      
        |  | of the cultural facility so that the cultural facility may be placed | 
      
        |  | in operation; | 
      
        |  | (F)  the cost of finance charges, interest, | 
      
        |  | marketing, and start-up of the cultural facility before and during | 
      
        |  | construction and for not more than two years after completion of | 
      
        |  | construction; | 
      
        |  | (G)  costs paid or incurred in connection with the | 
      
        |  | financing of the cultural facility, including out-of-pocket | 
      
        |  | expenses; bond insurance;  a letter of credit, standby bond | 
      
        |  | purchase agreement, or liquidity facility; financing, legal, | 
      
        |  | accounting, financial advisory, and appraisal fees; expenses and | 
      
        |  | disbursements;  a policy of title insurance; printing, engraving, | 
      
        |  | and reproduction services;  and the initial or acceptance fee of a | 
      
        |  | trustee, paying agent, remarketing agent, tender agent, or indexing | 
      
        |  | agent; and | 
      
        |  | (H)  direct and indirect costs of the corporation | 
      
        |  | incurred in connection with providing the cultural facility, | 
      
        |  | including reasonable sums to reimburse the corporation for time | 
      
        |  | spent by the corporation's agents or employees in providing and | 
      
        |  | financing the cultural facility. | 
      
        |  | (5)  "Cultural facility" means any capital expenditure | 
      
        |  | by a user.  The term includes: | 
      
        |  | (A)  real property or an interest in real | 
      
        |  | property, including buildings and improvements, or equipment, | 
      
        |  | furnishings, or other personal property that: | 
      
        |  | (i)  is found by the board to be necessary or | 
      
        |  | convenient to finance, refinance, acquire, construct, enlarge, | 
      
        |  | remodel, renovate, improve, furnish, or equip for cultural | 
      
        |  | education or community benefit; | 
      
        |  | (ii)  is made available for use by the | 
      
        |  | general public, the user, or a community group; and | 
      
        |  | (iii)  is used for a purpose described by | 
      
        |  | Section 337.002(1); | 
      
        |  | (B)  a facility in which any of the following | 
      
        |  | entities engage in any activity in which the entity is permitted to | 
      
        |  | engage: | 
      
        |  | (i)  a nonprofit corporation exempt from the | 
      
        |  | franchise tax under Section 171.063, Tax Code; | 
      
        |  | (ii)  an organization described in Section | 
      
        |  | 11.18, Tax Code; or | 
      
        |  | (iii)  an organization described in Section | 
      
        |  | 501(c)(3), Internal Revenue Code of 1986; and | 
      
        |  | (C)  facilities incidental, subordinate, or | 
      
        |  | related to or appropriate in connection with property described by | 
      
        |  | Paragraph (A) or (B), regardless of the date of construction or | 
      
        |  | acquisition. | 
      
        |  | (6)  "Furnishings" include works of art, books, | 
      
        |  | artifacts, scientific instruments, stage sets, musical scores, | 
      
        |  | collections, and other property necessary or useful for the | 
      
        |  | purposes of the cultural facility. | 
      
        |  | (7)  "User" means a nonprofit corporation exempt from | 
      
        |  | the franchise tax under Section 171.063, Tax Code, an organization | 
      
        |  | described in Section 11.18, Tax Code, or an organization described | 
      
        |  | in Section 501(c)(3), Internal Revenue Code of 1986, that will own, | 
      
        |  | use, operate, or develop a cultural facility after the financing, | 
      
        |  | acquisition, or construction of the cultural facility.  (Acts 69th | 
      
        |  | Leg., R.S., Ch. 635, Secs. 3(1), (2), (3), (4), (5), (8), (9).) | 
      
        |  | Sec. 337.005.  ADOPTION OF ALTERNATE PROCEDURE.  If a | 
      
        |  | procedure under this chapter is held by a court to be | 
      
        |  | unconstitutional, a corporation by resolution may provide an | 
      
        |  | alternate procedure conforming to the constitution.  (Acts 69th | 
      
        |  | Leg., R.S., Ch. 635, Sec. 5(b) (part).) | 
      
        |  | SUBCHAPTER B.  CREATION AND OPERATION OF CORPORATION | 
      
        |  | Sec. 337.011.  AUTHORITY TO CREATE.  (a)  A municipality or | 
      
        |  | county may create a nonmember, nonstock, public, cultural | 
      
        |  | educational facilities finance corporation for the sole purpose of | 
      
        |  | acquiring, constructing, providing, improving, financing, and | 
      
        |  | refinancing cultural facilities for the public purposes stated in | 
      
        |  | this chapter. | 
      
        |  | (b)  The municipality or county shall create and organize the | 
      
        |  | corporation in the same manner as a health facilities development | 
      
        |  | corporation is created and organized under Chapter 221, Health and | 
      
        |  | Safety Code.  (Acts 69th Leg., R.S., Ch. 635, Secs. 4(a), (b) | 
      
        |  | (part).) | 
      
        |  | Sec. 337.012.  GENERAL POWERS.  (a)  A corporation has the | 
      
        |  | same powers, authority, and rights: | 
      
        |  | (1)  with respect to cultural facilities and health | 
      
        |  | facilities that a health facilities development corporation has | 
      
        |  | with respect to health facilities under Chapter 221, Health and | 
      
        |  | Safety Code; and | 
      
        |  | (2)  with respect to educational facilities, housing | 
      
        |  | facilities, and other facilities incidental, subordinate, or | 
      
        |  | related to those facilities that a nonprofit corporation created | 
      
        |  | under Section 53.35(b), Education Code, or an authority created | 
      
        |  | under Section 53.11, Education Code, has under Chapter 53, | 
      
        |  | Education Code. | 
      
        |  | (b)  Except as provided by this chapter, a corporation has | 
      
        |  | the same rights and powers as a corporation organized under the | 
      
        |  | former Texas Non-Profit Corporation Act (Article 1396-1.01 et seq., | 
      
        |  | Vernon's Texas Civil Statutes) or formed under the Texas Nonprofit | 
      
        |  | Corporation Law, as described by Section 1.008(d), Business | 
      
        |  | Organizations Code. | 
      
        |  | (c)  The powers of a corporation under Subsection (a) include | 
      
        |  | the power to: | 
      
        |  | (1)  acquire, purchase, lease, mortgage, and convey | 
      
        |  | property with respect to a facility; | 
      
        |  | (2)  borrow money by issuing bonds, notes, and other | 
      
        |  | obligations; | 
      
        |  | (3)  lend money for the corporation's corporate | 
      
        |  | purposes; | 
      
        |  | (4)  invest and reinvest the corporation's funds; and | 
      
        |  | (5)  secure the corporation's bonds, notes, and | 
      
        |  | obligations by mortgaging, pledging, assigning, or otherwise | 
      
        |  | encumbering the corporation's property or assets. | 
      
        |  | (d)  Except as otherwise provided by this chapter, any bonds, | 
      
        |  | notes, or other obligations authorized under Subsection (c) must be | 
      
        |  | issued in accordance with Chapter 1201, Government Code.  (Acts | 
      
        |  | 69th Leg., R.S., Ch. 635, Secs. 4(b) (part), (c), 5(c).) | 
      
        |  | Sec. 337.013.  SCOPE OF AUTHORITY.  (a)  Notwithstanding any | 
      
        |  | provision of Chapter 221, Health and Safety Code, or Chapter 53, | 
      
        |  | Education Code, a corporation may exercise: | 
      
        |  | (1)  the authority of the corporation inside or outside | 
      
        |  | the limits of: | 
      
        |  | (A)  the municipality that created the | 
      
        |  | corporation if the municipality is located in a county with a | 
      
        |  | population of more than 300,000; or | 
      
        |  | (B)  the county that created the corporation if | 
      
        |  | the county has a population of more than 300,000; and | 
      
        |  | (2)  the powers of the corporation on behalf of a user | 
      
        |  | outside of this state if the user also conducts lawful activities in | 
      
        |  | this state. | 
      
        |  | (b)  A corporation may exercise the authority of the | 
      
        |  | corporation without the consent or other action of any person that | 
      
        |  | would otherwise be required under Chapter 221, Health and Safety | 
      
        |  | Code, or Chapter 53, Education Code, unless the articles of | 
      
        |  | incorporation or bylaws of the corporation provide differently. | 
      
        |  | (Acts 69th Leg., R.S., Ch. 635, Secs. 4(d) (part), (e).) | 
      
        |  | Sec. 337.014.  LIMITATION ON AUTHORITY.  The authority of a | 
      
        |  | corporation may not preempt the police powers of any sponsoring | 
      
        |  | entity or any other laws regulating or empowering sponsoring | 
      
        |  | entities to regulate the activities of the corporation.  (Acts 69th | 
      
        |  | Leg., R.S., Ch. 635, Sec. 4(d) (part).) | 
      
        |  | Sec. 337.015.  LIMITATION ON CORPORATE PURPOSES.  (a)  A | 
      
        |  | municipality or county that creates a corporation may limit the | 
      
        |  | corporation's purposes in the proceedings directing the creation of | 
      
        |  | the corporation by prohibiting the corporation from financing | 
      
        |  | particular types of cultural facilities, including a cultural | 
      
        |  | facility to be used for a purpose specified in the proceedings. | 
      
        |  | (b)  As a condition of providing financing, a corporation may | 
      
        |  | restrict a person receiving financing from using a cultural | 
      
        |  | facility for a particular purpose. | 
      
        |  | (c)  A restriction imposed by a municipality or county on a | 
      
        |  | corporation may be enforced by the governing body of the sponsoring | 
      
        |  | entity by injunction or mandamus. | 
      
        |  | (d)  A violation of a restriction by a corporation may not | 
      
        |  | impair the validity of an obligation incurred by the corporation. | 
      
        |  | (Acts 69th Leg., R.S., Ch. 635, Sec. 4A.) | 
      
        |  | (b)  The Cultural Education Facilities Finance Corporation | 
      
        |  | Act (Article 1528m, Vernon's Texas Civil Statutes) is repealed. | 
      
        |  | ARTICLE 21.  NONSUBSTANTIVE REVISION OF SUBCHAPTER E, CHAPTER 39, | 
      
        |  | AND SECTION 39.152, EDUCATION CODE:  PROVISIONS RELATING TO PUBLIC | 
      
        |  | SCHOOL ACCOUNTABILITY INTERVENTIONS AND SANCTIONS | 
      
        |  | SECTION 21.001.  Subtitle H, Title 2, Education Code, is | 
      
        |  | amended by adding Chapter 39A to read as follows: | 
      
        |  | CHAPTER 39A.  ACCOUNTABILITY INTERVENTIONS AND SANCTIONS | 
      
        |  | SUBCHAPTER A.  INTERVENTIONS AND SANCTIONS FOR SCHOOL DISTRICTS | 
      
        |  | Sec. 39A.001.  GROUNDS FOR COMMISSIONER ACTION.  The | 
      
        |  | commissioner shall take any of the actions authorized by this | 
      
        |  | subchapter to the extent the commissioner determines necessary if: | 
      
        |  | (1)  a school district does not satisfy: | 
      
        |  | (A)  the accreditation criteria under Section | 
      
        |  | 39.052; | 
      
        |  | (B)  the academic performance standards under | 
      
        |  | Section 39.053 or 39.054; or | 
      
        |  | (C)  any financial accountability standard as | 
      
        |  | determined by commissioner rule; or | 
      
        |  | (2)  the commissioner considers the action to be | 
      
        |  | appropriate on the basis of a special accreditation investigation | 
      
        |  | under Section 39.057. (Ed. Code, Sec. 39.102(a) (part).) | 
      
        |  | Sec. 39A.002.  AUTHORIZED COMMISSIONER ACTIONS.  If a school | 
      
        |  | district is subject to commissioner action under Section 39A.001, | 
      
        |  | the commissioner may: | 
      
        |  | (1)  issue public notice of the deficiency to the board | 
      
        |  | of trustees of the district; | 
      
        |  | (2)  order a hearing to be conducted by the board of | 
      
        |  | trustees of the district to notify the public of: | 
      
        |  | (A)  the insufficient performance; | 
      
        |  | (B)  the improvements in performance expected by | 
      
        |  | the agency; and | 
      
        |  | (C)  the interventions and sanctions that may be | 
      
        |  | imposed under this subchapter if the performance does not improve; | 
      
        |  | (3)  order the preparation of a student achievement | 
      
        |  | improvement plan that addresses each academic achievement | 
      
        |  | indicator under Section 39.053(c) for which the district's | 
      
        |  | performance is insufficient, the submission of the plan to the | 
      
        |  | commissioner for approval, and the implementation of the plan; | 
      
        |  | (4)  order a hearing to be held before the commissioner | 
      
        |  | or the commissioner's designee at which the president of the board | 
      
        |  | of trustees of the district and the district's superintendent shall | 
      
        |  | appear and explain the district's low performance, lack of | 
      
        |  | improvement, and plans for improvement; | 
      
        |  | (5)  arrange a monitoring review of the district; | 
      
        |  | (6)  appoint an agency monitor to participate in and | 
      
        |  | report to the agency on the activities of the board of trustees of | 
      
        |  | the district or superintendent; | 
      
        |  | (7)  appoint a conservator to oversee the operations of | 
      
        |  | the district; or | 
      
        |  | (8)  appoint a management team to direct the operations | 
      
        |  | of the district in areas of insufficient performance or require the | 
      
        |  | district to obtain certain services under a contract with another | 
      
        |  | person. (Ed. Code, Sec. 39.102(a) (part).) | 
      
        |  | Sec. 39A.003.  POWERS AND DUTIES OF CONSERVATOR OR | 
      
        |  | MANAGEMENT TEAM.  (a)  The commissioner shall clearly define the | 
      
        |  | powers and duties of a conservator or management team appointed to | 
      
        |  | oversee the operations of a school district. | 
      
        |  | (b)  At least every 90 days, the commissioner shall review | 
      
        |  | the need for the conservator or management team and shall remove the | 
      
        |  | conservator or management team unless the commissioner determines | 
      
        |  | that continued appointment is necessary for effective governance of | 
      
        |  | the school district or delivery of instructional services. | 
      
        |  | (c)  A conservator or management team, if directed by the | 
      
        |  | commissioner, shall prepare a plan for the implementation of the | 
      
        |  | appointment of a board of managers under Section 39A.004 or the | 
      
        |  | revocation of accreditation under Section 39A.005.  The conservator | 
      
        |  | or management team: | 
      
        |  | (1)  may direct an action to be taken by the principal | 
      
        |  | of a campus, the superintendent of the school district, or the board | 
      
        |  | of trustees of the district; | 
      
        |  | (2)  may approve or disapprove any action of the | 
      
        |  | principal of a campus, the superintendent of the district, or the | 
      
        |  | board of trustees of the district; | 
      
        |  | (3)  may not take any action concerning a district | 
      
        |  | election, including ordering or canceling an election or altering | 
      
        |  | the date of or the polling places for an election; | 
      
        |  | (4)  may not change the number of or method of selecting | 
      
        |  | the board of trustees; | 
      
        |  | (5)  may not set a tax rate for the district; and | 
      
        |  | (6)  may not adopt a budget for the district that | 
      
        |  | provides for spending a different amount, exclusive of required | 
      
        |  | debt service, from that previously adopted by the board of | 
      
        |  | trustees. (Ed. Code, Sec. 39.111.) | 
      
        |  | Sec. 39A.004.  APPOINTMENT OF BOARD OF MANAGERS.  The | 
      
        |  | commissioner may appoint a board of managers to exercise the powers | 
      
        |  | and duties of a school district's board of trustees if the district | 
      
        |  | is subject to commissioner action under Section 39A.001 and: | 
      
        |  | (1)  has a current accreditation status of | 
      
        |  | accredited-warned or accredited-probation; | 
      
        |  | (2)  fails to satisfy any standard under Section | 
      
        |  | 39.054(e); or | 
      
        |  | (3)  fails to satisfy financial accountability | 
      
        |  | standards as determined by commissioner rule. (Ed. Code, Sec. | 
      
        |  | 39.102(a) (part).) | 
      
        |  | Sec. 39A.005.  REVOCATION OF SCHOOL DISTRICT ACCREDITATION. | 
      
        |  | (a)  This section applies to a school district if the district is | 
      
        |  | subject to commissioner action under Section 39A.001, and for two | 
      
        |  | consecutive school years, including the current school year, the | 
      
        |  | district has: | 
      
        |  | (1)  received an accreditation status of | 
      
        |  | accredited-warned or accredited-probation; | 
      
        |  | (2)  failed to satisfy any standard under Section | 
      
        |  | 39.054(e); or | 
      
        |  | (3)  failed to satisfy financial accountability | 
      
        |  | standards as determined by commissioner rule. | 
      
        |  | (b)  The commissioner may revoke the accreditation of a | 
      
        |  | school district subject to this section and: | 
      
        |  | (1)  order closure of the district and annex the | 
      
        |  | district to one or more adjoining districts under Section 13.054; | 
      
        |  | or | 
      
        |  | (2)  in the case of a home-rule school district or | 
      
        |  | open-enrollment charter school, order closure of all programs | 
      
        |  | operated under the district's or school's charter. (Ed. Code, Sec. | 
      
        |  | 39.102(a) (part).) | 
      
        |  | Sec. 39A.006.  BOARD OF MANAGERS FOR SCHOOL DISTRICT MANAGED | 
      
        |  | BY CONSERVATOR OR MANAGEMENT TEAM.  (a)  This section applies | 
      
        |  | regardless of whether a school district has satisfied the | 
      
        |  | accreditation criteria. | 
      
        |  | (b)  If for two consecutive school years, including the | 
      
        |  | current school year, a school district has had a conservator or | 
      
        |  | management team assigned, the commissioner may appoint a board of | 
      
        |  | managers to exercise the powers and duties of the board of trustees | 
      
        |  | of the district. | 
      
        |  | (c)  The majority of a board of managers appointed under this | 
      
        |  | section must be residents of the school district. (Ed. Code, Sec. | 
      
        |  | 39.102(b).) | 
      
        |  | Sec. 39A.007.  INTERVENTION TO IMPROVE HIGH SCHOOL | 
      
        |  | COMPLETION RATE.  (a)  This section applies to a school district if | 
      
        |  | the district is subject to commissioner action under Section | 
      
        |  | 39A.001 and the district has failed to satisfy any standard under | 
      
        |  | Section 39.054(e) because of the district's dropout rates. | 
      
        |  | (b)  The commissioner may impose against a school district | 
      
        |  | subject to this section sanctions designed to improve high school | 
      
        |  | completion rates, including: | 
      
        |  | (1)  ordering the development of a dropout prevention | 
      
        |  | plan for approval by the commissioner; | 
      
        |  | (2)  restructuring the district or appropriate school | 
      
        |  | campuses to improve identification of and service to students who | 
      
        |  | are at risk of dropping out of school, as defined by Section 29.081; | 
      
        |  | (3)  ordering lower student-to-counselor ratios on | 
      
        |  | school campuses with high dropout rates; and | 
      
        |  | (4)  ordering the use of any other intervention | 
      
        |  | strategy effective in reducing dropout rates, including mentor | 
      
        |  | programs and flexible class scheduling. (Ed. Code, Sec. 39.102(a) | 
      
        |  | (part).) | 
      
        |  | SUBCHAPTER B.  CAMPUS INTERVENTION TEAM; TARGETED IMPROVEMENT PLAN | 
      
        |  | Sec. 39A.051.  ACTIONS BASED ON CAMPUS PERFORMANCE.  (a)  If | 
      
        |  | the performance of a campus is below any standard under Section | 
      
        |  | 39.054(e), the commissioner shall: | 
      
        |  | (1)  take actions, to the extent the commissioner | 
      
        |  | determines necessary, as provided by this chapter; and | 
      
        |  | (2)  assign a campus intervention team. | 
      
        |  | (b)  For a campus described by Subsection (a), the | 
      
        |  | commissioner, to the extent the commissioner determines necessary, | 
      
        |  | may: | 
      
        |  | (1)  order a hearing to be held before the commissioner | 
      
        |  | or the commissioner's designee at which the president of the board | 
      
        |  | of trustees of the school district, the district superintendent, | 
      
        |  | and the campus principal shall appear and explain the campus's low | 
      
        |  | performance, lack of improvement, and plans for improvement; or | 
      
        |  | (2)  establish a school community partnership team | 
      
        |  | composed of members of the campus-level planning and | 
      
        |  | decision-making committee established under Section 11.251 and | 
      
        |  | additional community representatives as determined appropriate by | 
      
        |  | the commissioner.  (Ed. Code, Secs. 39.103(a), (b), 39.106(a) | 
      
        |  | (part).) | 
      
        |  | Sec. 39A.052.  CAMPUS INTERVENTION TEAM MEMBERS.  A campus | 
      
        |  | intervention team assigned by the commissioner under Section | 
      
        |  | 39A.051 may include teachers, principals, other educational | 
      
        |  | professionals, and superintendents recognized for excellence in | 
      
        |  | their roles and appointed by the commissioner to serve as members of | 
      
        |  | a team.  (Ed. Code, Sec. 39.113.) | 
      
        |  | Sec. 39A.053.  ON-SITE NEEDS ASSESSMENT.  (a)  A campus | 
      
        |  | intervention team shall: | 
      
        |  | (1)  conduct, with the involvement and advice of the | 
      
        |  | school community partnership team, if applicable: | 
      
        |  | (A)  if the commissioner determines necessary, a | 
      
        |  | comprehensive on-site needs assessment, using the procedures | 
      
        |  | provided by Subsection (c); or | 
      
        |  | (B)  a targeted on-site needs assessment relevant | 
      
        |  | to an area of insufficient performance of the campus as provided by | 
      
        |  | Subsection (d); and | 
      
        |  | (2)  recommend appropriate actions as provided by | 
      
        |  | Section 39A.054. | 
      
        |  | (b)  An on-site needs assessment required by Subsection (a) | 
      
        |  | must determine the factors resulting in the campus's low | 
      
        |  | performance and lack of progress, including the contributing | 
      
        |  | education-related factors. | 
      
        |  | (c)  In conducting a comprehensive on-site needs assessment, | 
      
        |  | the campus intervention team shall use each of the following | 
      
        |  | guidelines and procedures: | 
      
        |  | (1)  an assessment of the staff to determine: | 
      
        |  | (A)  the percentage of certified teachers who are | 
      
        |  | teaching in their field; | 
      
        |  | (B)  the percentage of teachers who are certified; | 
      
        |  | (C)  the number of teachers with more than three | 
      
        |  | years of experience; and | 
      
        |  | (D)  the rate of teacher retention; | 
      
        |  | (2)  a determination of compliance with the appropriate | 
      
        |  | class-size rules and the number of class-size waivers received; | 
      
        |  | (3)  an assessment of the quality, quantity, and | 
      
        |  | appropriateness of instructional materials, including the | 
      
        |  | availability of technology-based instructional materials; | 
      
        |  | (4)  a report on the parental involvement strategies | 
      
        |  | and the effectiveness of the strategies; | 
      
        |  | (5)  an assessment of the extent and quality of the | 
      
        |  | mentoring program provided for: | 
      
        |  | (A)  new teachers on the campus; and | 
      
        |  | (B)  experienced teachers on the campus who have | 
      
        |  | less than two years of teaching experience in the subject or grade | 
      
        |  | level to which the teacher is assigned; | 
      
        |  | (6)  an assessment of the type and quality of the | 
      
        |  | professional development provided to the staff; | 
      
        |  | (7)  a demographic analysis of the student population, | 
      
        |  | including student demographics, at-risk populations, and special | 
      
        |  | education percentages; | 
      
        |  | (8)  a report of disciplinary incidents and school | 
      
        |  | safety information; | 
      
        |  | (9)  financial and accounting practices; | 
      
        |  | (10)  an assessment of the appropriateness of the | 
      
        |  | curriculum and teaching strategies; | 
      
        |  | (11)  a comparison of the findings from Subdivisions | 
      
        |  | (1) through (10) to other campuses serving the same grade levels in | 
      
        |  | the school district or to other campuses in the campus's comparison | 
      
        |  | group if there are no other campuses in the district serving the | 
      
        |  | same grade levels as the campus; and | 
      
        |  | (12)  any other research-based data or information | 
      
        |  | obtained from a data collection process that would assist the | 
      
        |  | campus intervention team in: | 
      
        |  | (A)  recommending an action under Section | 
      
        |  | 39A.054; and | 
      
        |  | (B)  executing a targeted improvement plan under | 
      
        |  | Section 39A.059. | 
      
        |  | (d)  In conducting a targeted on-site needs assessment, the | 
      
        |  | campus intervention team shall use the appropriate guidelines and | 
      
        |  | procedures described by Subsection (c) relevant to each area of | 
      
        |  | insufficient performance.  (Ed. Code, Secs. 39.106(a) (part), (b).) | 
      
        |  | Sec. 39A.054.  CAMPUS INTERVENTION TEAM RECOMMENDATIONS.  On | 
      
        |  | completing the on-site needs assessment required under Section | 
      
        |  | 39A.053, the campus intervention team shall, with the involvement | 
      
        |  | and advice of the school community partnership team, if applicable, | 
      
        |  | recommend actions relating to any area of insufficient performance, | 
      
        |  | including: | 
      
        |  | (1)  reallocation of resources; | 
      
        |  | (2)  technical assistance; | 
      
        |  | (3)  changes in school procedures or operations; | 
      
        |  | (4)  staff development for instructional and | 
      
        |  | administrative staff; | 
      
        |  | (5)  intervention for individual administrators or | 
      
        |  | teachers; | 
      
        |  | (6)  waivers from state statutes or rules; | 
      
        |  | (7)  teacher recruitment or retention strategies and | 
      
        |  | incentives provided by the school district to attract and retain | 
      
        |  | teachers with the characteristics included in Sections | 
      
        |  | 39A.053(c)(1)(A)-(C); or | 
      
        |  | (8)  other actions the campus intervention team | 
      
        |  | considers appropriate. (Ed. Code, Sec. 39.106(c).) | 
      
        |  | Sec. 39A.055.  TARGETED IMPROVEMENT PLAN.  In addition to | 
      
        |  | the campus intervention team duties under Sections 39A.053 and | 
      
        |  | 39A.054 relating to the on-site needs assessment, the campus | 
      
        |  | intervention team shall: | 
      
        |  | (1)  assist the campus in developing a targeted | 
      
        |  | improvement plan; | 
      
        |  | (2)  conduct a public meeting at the campus with the | 
      
        |  | campus principal, the members of the campus-level planning and | 
      
        |  | decision-making committee established under Section 11.251, | 
      
        |  | parents of students attending the campus, and community members | 
      
        |  | residing in the school district to review the campus performance | 
      
        |  | rating and solicit input for the development of the targeted | 
      
        |  | improvement plan; | 
      
        |  | (3)  assist the campus in submitting the targeted | 
      
        |  | improvement plan to the board of trustees of the district for | 
      
        |  | approval and presenting the plan in a public hearing as provided by | 
      
        |  | Section 39A.057; and | 
      
        |  | (4)  assist the commissioner in monitoring the progress | 
      
        |  | of the campus in executing the targeted improvement plan. (Ed. | 
      
        |  | Code, Sec. 39.106(a) (part).) | 
      
        |  | Sec. 39A.056.  NOTICE OF PUBLIC MEETING FOR DEVELOPMENT OF | 
      
        |  | TARGETED IMPROVEMENT PLAN.  (a)  The campus intervention team must: | 
      
        |  | (1)  provide written notice of the public meeting | 
      
        |  | required by Section 39A.055(2) to the parents of students attending | 
      
        |  | the campus; and | 
      
        |  | (2)  post notice of the meeting on the campus's Internet | 
      
        |  | website. | 
      
        |  | (b)  The notice required by this section must include the | 
      
        |  | date, time, and place of the meeting. (Ed. Code, Sec. 39.106(a-1).) | 
      
        |  | Sec. 39A.057.  HEARING FOR TARGETED IMPROVEMENT PLAN. | 
      
        |  | (a)  After a targeted improvement plan or an updated targeted | 
      
        |  | improvement plan is submitted to the board of trustees of the school | 
      
        |  | district, the board shall conduct a hearing to: | 
      
        |  | (1)  notify the public of: | 
      
        |  | (A)  the insufficient performance of the campus; | 
      
        |  | (B)  the improvements in performance expected by | 
      
        |  | the agency; and | 
      
        |  | (C)  the intervention measures or sanctions that | 
      
        |  | may be imposed under this chapter if the performance does not | 
      
        |  | improve within a designated period; and | 
      
        |  | (2)  solicit public comment on the targeted improvement | 
      
        |  | plan or updated targeted improvement plan. | 
      
        |  | (b)  The board of trustees of the school district must post | 
      
        |  | the targeted improvement plan on the district's Internet website | 
      
        |  | before the hearing. | 
      
        |  | (c)  The board of trustees of the school district may conduct | 
      
        |  | one hearing relating to one or more campuses subject to a targeted | 
      
        |  | improvement plan or an updated targeted improvement plan.  (Ed. | 
      
        |  | Code, Sec. 39.106(e-1) (part).) | 
      
        |  | Sec. 39A.058.  SUBMISSION OF TARGETED IMPROVEMENT PLAN TO | 
      
        |  | COMMISSIONER.  The board of trustees of the school district shall | 
      
        |  | submit the targeted improvement plan or updated targeted | 
      
        |  | improvement plan to the commissioner for approval.  The campus | 
      
        |  | intervention team shall assist the campus in submitting the | 
      
        |  | targeted improvement plan to the commissioner. (Ed. Code, Secs. | 
      
        |  | 39.106(d), (e-1) (part).) | 
      
        |  | Sec. 39A.059.  EXECUTING TARGETED IMPROVEMENT PLAN.  In | 
      
        |  | executing the targeted improvement plan, the campus intervention | 
      
        |  | team shall, if appropriate: | 
      
        |  | (1)  assist the campus in implementing research-based | 
      
        |  | practices for curriculum development and classroom instruction, | 
      
        |  | including bilingual education and special education programs, and | 
      
        |  | financial management; | 
      
        |  | (2)  provide research-based technical assistance, | 
      
        |  | including data analysis, academic deficiency identification, | 
      
        |  | intervention implementation, and budget analysis, to strengthen | 
      
        |  | and improve the instructional programs at the campus; and | 
      
        |  | (3)  require the school district to develop a teacher | 
      
        |  | recruitment and retention plan to address the qualifications and | 
      
        |  | retention of the teachers at the campus. (Ed. Code, Sec. | 
      
        |  | 39.106(d-3).) | 
      
        |  | Sec. 39A.060.  CAMPUS INTERVENTION TEAM CONTINUING DUTIES. | 
      
        |  | For each year a campus is assigned an unacceptable performance | 
      
        |  | rating, the campus intervention team shall: | 
      
        |  | (1)  continue to work with the campus until: | 
      
        |  | (A)  the campus satisfies all performance | 
      
        |  | standards under Section 39.054(e) for a two-year period; or | 
      
        |  | (B)  the campus satisfies all performance | 
      
        |  | standards under Section 39.054(e) for a one-year period and the | 
      
        |  | commissioner determines that the campus is operating and will | 
      
        |  | continue to operate in a manner that improves student achievement; | 
      
        |  | (2)  assist in updating the targeted improvement plan | 
      
        |  | to identify and analyze areas of growth and areas that require | 
      
        |  | improvement; and | 
      
        |  | (3)  submit each updated targeted improvement plan | 
      
        |  | described by Subdivision (2) to the board of trustees of the school | 
      
        |  | district.  (Ed. Code, Sec. 39.106(e).) | 
      
        |  | Sec. 39A.061.  SATISFACTION OF CERTAIN REQUIREMENTS RELATED | 
      
        |  | TO CAMPUS PLANNING AND SITE-BASED DECISION-MAKING.  (a)  The | 
      
        |  | commissioner may authorize a school community partnership team | 
      
        |  | established under Section 39A.051 to supersede the authority of and | 
      
        |  | satisfy the requirements of establishing and maintaining a | 
      
        |  | campus-level planning and decision-making committee under | 
      
        |  | Subchapter F, Chapter 11. | 
      
        |  | (b)  The commissioner may authorize a targeted improvement | 
      
        |  | plan or an updated targeted improvement plan to supersede the | 
      
        |  | provisions of and satisfy the requirements of developing, | 
      
        |  | reviewing, and revising a campus improvement plan under Subchapter | 
      
        |  | F, Chapter 11. (Ed. Code, Secs. 39.106(d-1), (d-2).) | 
      
        |  | Sec. 39A.062.  SUBMISSION OF CAMPUS IMPROVEMENT PLAN IN | 
      
        |  | CERTAIN CIRCUMSTANCES.  (a)  This section applies if the | 
      
        |  | performance of a campus satisfies performance standards under | 
      
        |  | Section 39.054(e) for the current school year but would not satisfy | 
      
        |  | performance standards under Section 39.054(e) if the standards to | 
      
        |  | be used for the following school year were applied to the current | 
      
        |  | school year. | 
      
        |  | (b)  On the request of the commissioner, the campus-level | 
      
        |  | planning and decision-making committee established under Section | 
      
        |  | 11.251 shall revise and submit to the commissioner the portions of | 
      
        |  | the campus improvement plan developed under Section 11.253 that are | 
      
        |  | relevant to those areas for which the campus would not satisfy | 
      
        |  | performance standards.  The revised portions of the improvement | 
      
        |  | plan must be submitted in an electronic format.  (Ed. Code, Sec. | 
      
        |  | 39.105(a).) | 
      
        |  | Sec. 39A.063.  COMPLIANCE THROUGH INTERVENTION UNDER | 
      
        |  | FEDERAL ACCOUNTABILITY.  Notwithstanding the provisions of this | 
      
        |  | chapter, if the commissioner determines that a campus subject to | 
      
        |  | interventions or sanctions under this chapter has implemented | 
      
        |  | substantially similar intervention measures under federal | 
      
        |  | accountability requirements, the commissioner may accept the | 
      
        |  | substantially similar intervention measures as measures in | 
      
        |  | compliance with this chapter. (Ed. Code, Sec. 39.103(c).) | 
      
        |  | SUBCHAPTER C.  CAMPUS TURNAROUND PLAN | 
      
        |  | Sec. 39A.101.  ORDER FOR PREPARATION OF CAMPUS TURNAROUND | 
      
        |  | PLAN.  (a)  If a campus has been identified as unacceptable for two | 
      
        |  | consecutive school years, the commissioner shall order the campus | 
      
        |  | to prepare and submit a campus turnaround plan. | 
      
        |  | (b)  The commissioner shall by rule establish procedures | 
      
        |  | governing the time and manner in which the campus must submit the | 
      
        |  | campus turnaround plan. | 
      
        |  | (c)  A campus intervention team shall assist the campus in: | 
      
        |  | (1)  developing an updated targeted improvement plan, | 
      
        |  | including a campus turnaround plan to be implemented by the campus; | 
      
        |  | (2)  submitting the updated targeted improvement plan | 
      
        |  | to the board of trustees of the school district for approval and | 
      
        |  | presenting the plan in a public hearing as provided by Section | 
      
        |  | 39A.057; | 
      
        |  | (3)  obtaining approval of the updated plan from the | 
      
        |  | commissioner; and | 
      
        |  | (4)  executing the updated plan on approval by the | 
      
        |  | commissioner. | 
      
        |  | (d)  The updated targeted improvement plan submitted to the | 
      
        |  | board of trustees of a school district under Subsection (c) must | 
      
        |  | include all plans and details that are required to execute the | 
      
        |  | campus turnaround plan without any additional action or approval by | 
      
        |  | the board of trustees.  (Ed. Code, Secs. 39.107(a), (a-1), (b-3).) | 
      
        |  | Sec. 39A.102.  IMPLEMENTATION OF UPDATED TARGETED | 
      
        |  | IMPROVEMENT PLAN.  (a)  A campus subject to Section 39A.101 shall | 
      
        |  | implement the updated targeted improvement plan as approved by the | 
      
        |  | commissioner. | 
      
        |  | (b)  The commissioner may appoint a monitor, conservator, | 
      
        |  | management team, or board of managers to the school district to | 
      
        |  | ensure and oversee district-level support to low-performing | 
      
        |  | campuses and the implementation of the updated targeted improvement | 
      
        |  | plan. | 
      
        |  | (c)  In making appointments under Subsection (b), the | 
      
        |  | commissioner shall consider individuals who have demonstrated | 
      
        |  | success in managing campuses with student populations similar to | 
      
        |  | the campus at which the individual appointed will serve.  (Ed. Code, | 
      
        |  | Sec. 39.107(c).) | 
      
        |  | Sec. 39A.103.  NOTICE OF CAMPUS TURNAROUND PLAN.  Before a | 
      
        |  | campus turnaround plan is prepared and submitted for approval to | 
      
        |  | the board of trustees of the school district, the district, in | 
      
        |  | consultation with the campus intervention team, shall: | 
      
        |  | (1)  provide notice to parents, the community, and | 
      
        |  | stakeholders that the campus has received an unacceptable | 
      
        |  | performance rating for two consecutive years and will be required | 
      
        |  | to submit a campus turnaround plan; and | 
      
        |  | (2)  request assistance from parents, the community, | 
      
        |  | and stakeholders in developing the campus turnaround plan.  (Ed. | 
      
        |  | Code, Sec. 39.107(a-2).) | 
      
        |  | Sec. 39A.104.  PREPARATION OF CAMPUS TURNAROUND PLAN. | 
      
        |  | (a)  The school district, in consultation with the campus | 
      
        |  | intervention team, shall prepare the campus turnaround plan and | 
      
        |  | allow parents, the community, and stakeholders an opportunity to | 
      
        |  | review the plan before it is submitted for approval to the board of | 
      
        |  | trustees of the district. | 
      
        |  | (b)  The campus turnaround plan must assist the campus in | 
      
        |  | implementing procedures to satisfy all performance standards | 
      
        |  | required under Section 39.054(e).  (Ed. Code, Sec. 39.107(b) | 
      
        |  | (part).) | 
      
        |  | Sec. 39A.105.  CONTENTS OF CAMPUS TURNAROUND PLAN.  A campus | 
      
        |  | turnaround plan must include: | 
      
        |  | (1)  details on the method for restructuring, | 
      
        |  | reforming, or reconstituting the campus; | 
      
        |  | (2)  a detailed description of the academic programs to | 
      
        |  | be offered at the campus, including: | 
      
        |  | (A)  instructional methods; | 
      
        |  | (B)  length of school day and school year; | 
      
        |  | (C)  academic credit and promotion criteria; and | 
      
        |  | (D)  programs to serve special student | 
      
        |  | populations; | 
      
        |  | (3)  if a district charter is to be granted for the | 
      
        |  | campus under Section 12.0522: | 
      
        |  | (A)  the term of the charter; and | 
      
        |  | (B)  information on the implementation of the | 
      
        |  | charter; | 
      
        |  | (4)  written comments from: | 
      
        |  | (A)  the campus-level committee established under | 
      
        |  | Section 11.251, if applicable; | 
      
        |  | (B)  parents; and | 
      
        |  | (C)  teachers at the campus; and | 
      
        |  | (5)  a detailed description of the budget, staffing, | 
      
        |  | and financial resources required to implement the plan, including | 
      
        |  | any supplemental resources to be provided by the school district or | 
      
        |  | other identified sources.  (Ed. Code, Secs. 39.107(b) (part), | 
      
        |  | (b-1).) | 
      
        |  | Sec. 39A.106.  DATE CAMPUS TURNAROUND PLAN TAKES EFFECT.  A | 
      
        |  | campus turnaround plan must take effect not later than the school | 
      
        |  | year following the third consecutive school year that the campus | 
      
        |  | has received an unacceptable performance rating.  (Ed. Code, Sec. | 
      
        |  | 39.107(b-4).) | 
      
        |  | Sec. 39A.107.  COMMISSIONER APPROVAL OF CAMPUS TURNAROUND | 
      
        |  | PLAN.  (a)  The commissioner may approve a campus turnaround plan | 
      
        |  | only if the commissioner determines that the campus will satisfy | 
      
        |  | all student performance standards required under Section 39.054(e) | 
      
        |  | not later than the second year the campus receives a performance | 
      
        |  | rating following the implementation of the campus turnaround plan. | 
      
        |  | (b)  Section 12.0522(b) does not apply to a district charter | 
      
        |  | approved by the commissioner under this subchapter.  A district | 
      
        |  | charter approved under this subchapter may be renewed or continue | 
      
        |  | in effect after the campus is no longer subject to an order under | 
      
        |  | Section 39A.101. | 
      
        |  | (c)  If the commissioner does not approve a campus turnaround | 
      
        |  | plan, the commissioner shall order: | 
      
        |  | (1)  appointment of a board of managers to govern the | 
      
        |  | school district as provided by Section 39A.202; | 
      
        |  | (2)  alternative management of the campus; or | 
      
        |  | (3)  closure of the campus.  (Ed. Code, Secs. | 
      
        |  | 39.107(b-8), (d).) | 
      
        |  | Sec. 39A.108.  IMPLEMENTATION OF CAMPUS TURNAROUND PLAN. | 
      
        |  | Following approval of a campus turnaround plan by the commissioner, | 
      
        |  | the school district, in consultation with the campus intervention | 
      
        |  | team, may take any actions needed to prepare for the implementation | 
      
        |  | of the plan. (Ed. Code, Sec. 39.107(b-5).) | 
      
        |  | Sec. 39A.109.  ASSISTANCE AND PARTNERSHIPS ALLOWED.  A | 
      
        |  | school district may: | 
      
        |  | (1)  request that a regional education service center | 
      
        |  | provide assistance in the development and implementation of a | 
      
        |  | campus turnaround plan; or | 
      
        |  | (2)  partner with an institution of higher education to | 
      
        |  | develop and implement a campus turnaround plan.  (Ed. Code, Sec. | 
      
        |  | 39.107(b-2).) | 
      
        |  | Sec. 39A.110.  CHANGE IN CAMPUS PERFORMANCE RATING.  (a)  If | 
      
        |  | a campus for which a campus turnaround plan has been ordered under | 
      
        |  | Section 39A.101 receives an acceptable performance rating for the | 
      
        |  | school year following the order, the board of trustees of the school | 
      
        |  | district may: | 
      
        |  | (1)  implement the campus turnaround plan; | 
      
        |  | (2)  implement a modified version of the campus | 
      
        |  | turnaround plan; or | 
      
        |  | (3)  withdraw the campus turnaround plan. | 
      
        |  | (b)  A school district required to implement a campus | 
      
        |  | turnaround plan may modify the plan if the campus receives an | 
      
        |  | acceptable performance rating for two consecutive school years | 
      
        |  | following implementation of the plan.  (Ed. Code, Secs. | 
      
        |  | 39.107(b-6), (b-7).) | 
      
        |  | Sec. 39A.111.  CONTINUED UNACCEPTABLE PERFORMANCE RATING. | 
      
        |  | If a campus is considered to have an unacceptable performance | 
      
        |  | rating for three consecutive school years after the campus is | 
      
        |  | ordered to submit a campus turnaround plan under Section 39A.101, | 
      
        |  | the commissioner, subject to Section 39A.112, shall order: | 
      
        |  | (1)  appointment of a board of managers to govern the | 
      
        |  | school district as provided by Section 39A.202; or | 
      
        |  | (2)  closure of the campus. (Ed. Code, Sec. 39.107(e).) | 
      
        |  | Sec. 39A.112.  PARENT PETITION FOR ACTION.  (a)  For | 
      
        |  | purposes of this section, "parent" has the meaning assigned by | 
      
        |  | Section 12.051, and the signature of only one parent of a student is | 
      
        |  | required. | 
      
        |  | (b)  If the commissioner is presented, in the time and manner | 
      
        |  | specified by commissioner rule, with a written petition signed by | 
      
        |  | the parents of a majority of the students enrolled at a campus to | 
      
        |  | which Section 39A.111 applies, specifying an action authorized | 
      
        |  | under that section that the parents request the commissioner to | 
      
        |  | order, the commissioner shall, except as otherwise authorized by | 
      
        |  | this section, order the specific action requested. | 
      
        |  | (c)  If the board of trustees of the school district in which | 
      
        |  | the campus is located presents to the commissioner, in the time and | 
      
        |  | manner specified by commissioner rule, a written request that the | 
      
        |  | commissioner order specific action authorized under Section | 
      
        |  | 39A.111 other than the specific action requested in the parents' | 
      
        |  | petition and a written explanation of the basis for the board's | 
      
        |  | request, the commissioner may order the action requested by the | 
      
        |  | board of trustees.  (Ed. Code, Secs. 39.107(e-2), (e-3).) | 
      
        |  | Sec. 39A.113.  REPURPOSING OF CLOSED CAMPUS.  (a)  If the | 
      
        |  | commissioner orders the closure of a campus under this subchapter, | 
      
        |  | that campus may be repurposed to serve students at that campus | 
      
        |  | location only if the commissioner: | 
      
        |  | (1)  finds that the repurposed campus: | 
      
        |  | (A)  offers a distinctly different academic | 
      
        |  | program; and | 
      
        |  | (B)  serves a majority of grade levels not served | 
      
        |  | at the original campus; and | 
      
        |  | (2)  approves a new campus identification number for | 
      
        |  | the repurposed campus. | 
      
        |  | (b)  The majority of students assigned to a campus that has | 
      
        |  | been closed and repurposed may not have attended that campus in the | 
      
        |  | previous school year. | 
      
        |  | (c)  Any student assigned to a campus that has been closed | 
      
        |  | must be allowed to transfer to any other campus in the school | 
      
        |  | district that serves that student's grade level and on request must | 
      
        |  | be provided transportation to the other campus. | 
      
        |  | (d)  The commissioner may grant an exemption allowing | 
      
        |  | students assigned to a closed campus to attend the repurposed | 
      
        |  | campus if there is no other campus in the school district at which | 
      
        |  | the students may enroll.  (Ed. Code, Sec. 39.107(e-1).) | 
      
        |  | Sec. 39A.114.  TARGETED TECHNICAL ASSISTANCE AUTHORIZED IN | 
      
        |  | CERTAIN CIRCUMSTANCES.  If the commissioner determines that the | 
      
        |  | basis for the unacceptable performance of a campus for more than two | 
      
        |  | consecutive school years is limited to a specific condition that | 
      
        |  | may be remedied with targeted technical assistance, the | 
      
        |  | commissioner may require the school district to contract for the | 
      
        |  | appropriate technical assistance.  (Ed. Code, Sec. 39.107(i).) | 
      
        |  | Sec. 39A.115.  RULES.  The commissioner may adopt rules | 
      
        |  | necessary to implement this subchapter.  (Ed. Code, Sec. | 
      
        |  | 39.107(q).) | 
      
        |  | SUBCHAPTER D.  ALTERNATIVE MANAGEMENT | 
      
        |  | Sec. 39A.151.  SOLICITATION OF PROPOSALS FOR ALTERNATIVE | 
      
        |  | MANAGEMENT.  (a)  If the commissioner orders alternative | 
      
        |  | management of a campus under Section 39A.107, the commissioner | 
      
        |  | shall solicit proposals from qualified nonprofit entities to assume | 
      
        |  | management of the campus or appoint a school district as provided by | 
      
        |  | Subsection (b).  The commissioner may solicit proposals from | 
      
        |  | qualified for-profit entities if a nonprofit entity has not | 
      
        |  | responded to the commissioner's request for proposals. | 
      
        |  | (b)  The commissioner may appoint a school district to assume | 
      
        |  | management of the campus if the district: | 
      
        |  | (1)  is not the district in which the campus is located; | 
      
        |  | and | 
      
        |  | (2)  is located within the boundaries of the same | 
      
        |  | regional education service center as the campus. | 
      
        |  | (c)  If a school district is appointed under Subsection (b), | 
      
        |  | the district shall assume management of the campus in the same | 
      
        |  | manner as a qualified entity or in accordance with commissioner | 
      
        |  | rule. | 
      
        |  | (d)  The commissioner may annually solicit proposals under | 
      
        |  | this section for the alternative management of a campus.  The | 
      
        |  | commissioner shall notify a qualified entity that has been approved | 
      
        |  | as a provider under this section.  (Ed. Code, Secs. 39.107(h), (j) | 
      
        |  | (part).) | 
      
        |  | Sec. 39A.152.  QUALIFICATIONS OF MANAGING ENTITY.  (a)  To | 
      
        |  | qualify for consideration as a managing entity under this | 
      
        |  | subchapter, the entity must submit a proposal that provides | 
      
        |  | information relating to the entity's management and leadership team | 
      
        |  | that will participate in management of the campus under | 
      
        |  | consideration, including information relating to individuals who | 
      
        |  | have: | 
      
        |  | (1)  documented success in whole school interventions | 
      
        |  | that increased the educational and performance levels of students | 
      
        |  | in campuses considered to have an unacceptable performance rating; | 
      
        |  | (2)  a proven record of effectiveness with programs | 
      
        |  | assisting low-performing students; | 
      
        |  | (3)  a proven ability to apply research-based school | 
      
        |  | intervention strategies; | 
      
        |  | (4)  a proven record of financial ability to perform | 
      
        |  | under the management contract; and | 
      
        |  | (5)  any other experience or qualifications the | 
      
        |  | commissioner determines necessary. | 
      
        |  | (b)  In selecting a managing entity under this subchapter, | 
      
        |  | the commissioner shall give preference to a qualified entity that: | 
      
        |  | (1)  meets any qualifications under this section; and | 
      
        |  | (2)  has documented success in educating students from | 
      
        |  | similar demographic groups and with similar educational needs as | 
      
        |  | the students who attend the campus to be operated by the managing | 
      
        |  | entity.  (Ed. Code, Secs. 39.107(k), (l).) | 
      
        |  | Sec. 39A.153.  CONTRACT WITH MANAGING ENTITY.  (a)  If the | 
      
        |  | commissioner has ordered alternative management of a campus, the | 
      
        |  | school district shall execute a contract with an approved provider | 
      
        |  | to serve as a managing entity for the campus.  The term of the | 
      
        |  | contract may not exceed five years with an option to renew the | 
      
        |  | contract.  The district must execute the contract and relinquish | 
      
        |  | control of the campus before January 1 of the school year. | 
      
        |  | (b)  The management contract must include: | 
      
        |  | (1)  a provision describing the school district's | 
      
        |  | responsibilities in supporting the operation of the campus; and | 
      
        |  | (2)  provisions approved by the commissioner requiring | 
      
        |  | the managing entity to demonstrate improvement in campus | 
      
        |  | performance, including negotiated performance measures. | 
      
        |  | (c)  Performance measures included in a management contract | 
      
        |  | as required by Subsection (b) must be consistent with the | 
      
        |  | priorities of Chapter 39 and this chapter. | 
      
        |  | (d)  The management contract must be approved by the | 
      
        |  | commissioner before the contract is executed.  As appropriate, the | 
      
        |  | commissioner may require the school district, as a term of the | 
      
        |  | contract, to support the campus in the same manner as the district | 
      
        |  | was required to support the campus before the execution of the | 
      
        |  | contract.  (Ed. Code, Secs. 39.107(g-1) (part), (j) (part), (m), | 
      
        |  | (n) (part).) | 
      
        |  | Sec. 39A.154.  EXTENSION OF MANAGEMENT CONTRACT.  The | 
      
        |  | commissioner may require a school district to extend the term of a | 
      
        |  | management contract with a managing entity if the commissioner | 
      
        |  | determines that extending the contract on expiration of the initial | 
      
        |  | term is in the best interest of the students attending the campus. | 
      
        |  | The terms of the contract must be approved by the commissioner. | 
      
        |  | (Ed. Code, Sec. 39.107(g-1) (part).) | 
      
        |  | Sec. 39A.155.  EVALUATION OF MANAGING ENTITY.  (a)  The | 
      
        |  | commissioner shall evaluate a managing entity's performance on the | 
      
        |  | first and second anniversaries of the date of the management | 
      
        |  | contract. | 
      
        |  | (b)  If the evaluation fails to demonstrate improvement as | 
      
        |  | negotiated under the management contract by the first anniversary | 
      
        |  | of the date of the contract, the school district may: | 
      
        |  | (1)  terminate the contract, with the commissioner's | 
      
        |  | consent, for nonperformance or breach of contract; and | 
      
        |  | (2)  select another provider from an approved list | 
      
        |  | provided by the commissioner. | 
      
        |  | (c)  If the evaluation fails to demonstrate significant | 
      
        |  | improvement, as determined by the commissioner, by the second | 
      
        |  | anniversary of the date of the management contract, the school | 
      
        |  | district shall: | 
      
        |  | (1)  terminate the contract; and | 
      
        |  | (2)  select another provider from an approved list | 
      
        |  | provided by the commissioner or resume operation of the campus if | 
      
        |  | approved by the commissioner. | 
      
        |  | (d)  If the commissioner approves the school district's | 
      
        |  | resumed operation of the campus as provided by Subsection (c), the | 
      
        |  | commissioner shall assign a technical assistance team to assist the | 
      
        |  | campus.  (Ed. Code, Sec. 39.107(n) (part).) | 
      
        |  | Sec. 39A.156.  CANCELLATION OF MANAGEMENT CONTRACT.  If a | 
      
        |  | campus receives an unacceptable performance rating for two | 
      
        |  | consecutive school years after a managing entity assumes management | 
      
        |  | of the campus, the commissioner shall cancel the contract with the | 
      
        |  | managing entity.  (Ed. Code, Sec. 39.107(g-1) (part).) | 
      
        |  | Sec. 39A.157.  RETURN OF MANAGEMENT TO SCHOOL DISTRICT. | 
      
        |  | Subject to Section 39A.111, at the end of a management contract term | 
      
        |  | or on the cancellation of a management contract under Section | 
      
        |  | 39A.156, the board of trustees of the school district shall resume | 
      
        |  | management of the campus.  (Ed. Code, Sec. 39.107(g-2).) | 
      
        |  | Sec. 39A.158.  CONTINUED APPLICABILITY OF ACCOUNTABILITY | 
      
        |  | PROVISIONS.  Each campus operated by a managing entity under this | 
      
        |  | subchapter is subject to this chapter and Chapter 39 in the same | 
      
        |  | manner as any other campus in the school district.  (Ed. Code, Sec. | 
      
        |  | 39.107(p).) | 
      
        |  | Sec. 39A.159.  FUNDING OF CAMPUS OPERATED BY MANAGING | 
      
        |  | ENTITY.  Notwithstanding any other provision of this code, the | 
      
        |  | funding for a campus operated by a managing entity may not be less | 
      
        |  | than the funding of the other campuses in the school district on a | 
      
        |  | per student basis so that the managing entity receives at least the | 
      
        |  | same funding the campus would otherwise have received.  (Ed. Code, | 
      
        |  | Sec. 39.107(o).) | 
      
        |  | Sec. 39A.160.  OPEN MEETINGS AND PUBLIC INFORMATION.  With | 
      
        |  | respect to the management of a campus by a managing entity: | 
      
        |  | (1)  a managing entity is considered to be a | 
      
        |  | governmental body for purposes of Chapters 551 and 552, Government | 
      
        |  | Code; and | 
      
        |  | (2)  any requirement in Chapter 551 or 552, Government | 
      
        |  | Code, that applies to a school district or the board of trustees of | 
      
        |  | a district applies to a managing entity.  (Ed. Code, Sec. | 
      
        |  | 39.107(r).) | 
      
        |  | Sec. 39A.161.  RULES.  The commissioner may adopt rules | 
      
        |  | necessary to implement this subchapter.  (Ed. Code, Sec. | 
      
        |  | 39.107(q).) | 
      
        |  | SUBCHAPTER E.  BOARD OF MANAGERS | 
      
        |  | Sec. 39A.201.  GENERAL POWERS AND DUTIES OF BOARD OF | 
      
        |  | MANAGERS.  (a)  A board of managers may exercise all of the powers | 
      
        |  | and duties assigned to a board of trustees of a school district by | 
      
        |  | law, rule, or regulation. | 
      
        |  | (b)  A board of managers appointed by the commissioner under | 
      
        |  | Subchapter C is required to take appropriate actions to resolve the | 
      
        |  | conditions that caused a campus to be subject to an order under | 
      
        |  | Section 39A.101, including amending the school district's budget, | 
      
        |  | reassigning staff, or relocating academic programs.  The | 
      
        |  | commissioner may adopt rules necessary to implement this | 
      
        |  | subsection.  (Ed. Code, Secs. 39.107(e-4), (q), 39.112(a) (part).) | 
      
        |  | Sec. 39A.202.  BOARD OF MANAGERS OF SCHOOL DISTRICT. | 
      
        |  | (a)  If the commissioner appoints a board of managers to govern a | 
      
        |  | school district: | 
      
        |  | (1)  the powers of the board of trustees of the district | 
      
        |  | are suspended for the period of the appointment; and | 
      
        |  | (2)  the commissioner shall appoint a district | 
      
        |  | superintendent. | 
      
        |  | (b)  Notwithstanding any other provision of this code, a | 
      
        |  | board of managers appointed to govern a school district may amend | 
      
        |  | the budget of the district. | 
      
        |  | (c)  This chapter applies to a school district governed by a | 
      
        |  | board of managers in the same manner that this chapter applies to | 
      
        |  | any other district.  (Ed. Code, Secs. 39.112(a) (part), (b).) | 
      
        |  | Sec. 39A.203.  BOARD OF MANAGERS OF CAMPUS.  (a)  If the | 
      
        |  | commissioner appoints a board of managers to govern a campus: | 
      
        |  | (1)  the powers of the board of trustees of the school | 
      
        |  | district in relation to the campus are suspended for the period of | 
      
        |  | the appointment; and | 
      
        |  | (2)  the commissioner shall appoint a campus principal. | 
      
        |  | (b)  Notwithstanding any other provision of this code, a | 
      
        |  | board of managers appointed to govern a campus may submit to the | 
      
        |  | commissioner for approval amendments to the budget of the school | 
      
        |  | district for the benefit of the campus.  If the commissioner | 
      
        |  | approves the amendments, the board of trustees of the district | 
      
        |  | shall adopt the amendments.  (Ed. Code, Sec. 39.112(c).) | 
      
        |  | Sec. 39A.204.  COMPOSITION OF BOARD OF MANAGERS.  A board of | 
      
        |  | managers appointed by the commissioner must, if possible, include | 
      
        |  | community leaders, business representatives who have expertise in | 
      
        |  | leadership, and individuals who have knowledge or expertise in the | 
      
        |  | field of education.  (Ed. Code, Sec. 39.112(d-1).) | 
      
        |  | Sec. 39A.205.  TRAINING OF BOARD OF MANAGERS.  The | 
      
        |  | commissioner must provide each individual appointed to a board of | 
      
        |  | managers with training in effective leadership strategies. (Ed. | 
      
        |  | Code, Sec. 39.112(d-2).) | 
      
        |  | Sec. 39A.206.  COMPENSATION.  (a)  The commissioner may | 
      
        |  | authorize payment of a board of managers appointed under Subchapter | 
      
        |  | C from agency funds. The commissioner may adopt rules necessary to | 
      
        |  | implement this subsection. | 
      
        |  | (b)  A conservator or a member of a management team appointed | 
      
        |  | to serve on a board of managers may continue to be compensated as | 
      
        |  | determined by the commissioner.  (Ed. Code, Secs. 39.107(e-5), (q), | 
      
        |  | 39.112(d).) | 
      
        |  | Sec. 39A.207.  REPLACEMENT OF MEMBER OF BOARD OF MANAGERS. | 
      
        |  | The commissioner may at any time replace a member of a board of | 
      
        |  | managers appointed under Subchapter C.  The commissioner may adopt | 
      
        |  | rules necessary to implement this section.  (Ed. Code, Secs. | 
      
        |  | 39.107(e-6), (q).) | 
      
        |  | Sec. 39A.208.  EXPIRATION OF APPOINTMENT.  (a)  A board of | 
      
        |  | managers shall, during the period of the appointment, order the | 
      
        |  | election of members of the board of trustees of the school district | 
      
        |  | in accordance with applicable provisions of law.  Except as | 
      
        |  | provided by Subsection (b), the members of the board of trustees do | 
      
        |  | not assume any powers or duties after the election until the | 
      
        |  | appointment of the board of managers expires. | 
      
        |  | (b)  Except as otherwise provided by Subsection (c), not | 
      
        |  | later than the second anniversary of the date the board of managers | 
      
        |  | of a school district was appointed, the commissioner shall notify | 
      
        |  | the board of managers and the board of trustees of the date on which | 
      
        |  | the appointment of the board of managers will expire.  Following | 
      
        |  | each of the last three years of the period of the appointment, | 
      
        |  | one-third of the members of the board of managers shall be replaced | 
      
        |  | by the number of members of the board of trustees of the district | 
      
        |  | who were elected at an election ordered under Subsection (a) that | 
      
        |  | constitutes, as closely as possible, one-third of the membership of | 
      
        |  | the board of trustees. | 
      
        |  | (c)  If, before the second anniversary of the date the board | 
      
        |  | of managers of a school district was appointed, the commissioner | 
      
        |  | determines, after receiving local feedback, that insufficient | 
      
        |  | progress has been made toward improving the academic or financial | 
      
        |  | performance of the district, the commissioner may extend the | 
      
        |  | authority of the board of managers for a period of up to two | 
      
        |  | additional years. | 
      
        |  | (d)  On the expiration of the appointment of the board of | 
      
        |  | managers, the board of trustees assumes all of the powers and duties | 
      
        |  | assigned to a board of trustees by law, rule, or regulation. | 
      
        |  | (e)  Following the expiration of the period of appointment of | 
      
        |  | a board of managers for a school district, the commissioner shall | 
      
        |  | provide training in effective leadership strategies to the board of | 
      
        |  | trustees of the district.  (Ed. Code, Secs. 39.112(e), as amended | 
      
        |  | Acts 84th Leg., R.S., Chs. 1046, 1104, (f), (g).) | 
      
        |  | Sec. 39A.209.  REMOVAL OF BOARD OF MANAGERS. | 
      
        |  | (a)  Notwithstanding Section 39A.208, the commissioner may remove | 
      
        |  | a board of managers appointed to govern a school district under | 
      
        |  | Subchapter C only if the campus that was the basis for the | 
      
        |  | appointment of the board of managers receives an acceptable | 
      
        |  | performance rating for two consecutive school years. | 
      
        |  | (b)  If a campus that was the basis for the appointment of a | 
      
        |  | board of managers receives an unacceptable performance rating for | 
      
        |  | two additional consecutive years following the appointment of the | 
      
        |  | board of managers, the commissioner may remove the board of | 
      
        |  | managers and, in consultation with the local community, may appoint | 
      
        |  | a new board of managers to govern the school district. | 
      
        |  | (c)  Following the removal of a board of managers under | 
      
        |  | Subsection (a) or (b), or at the request of a managing entity | 
      
        |  | appointed under Section 39A.107 to oversee the implementation of | 
      
        |  | alternative management, the commissioner may appoint a conservator | 
      
        |  | or monitor for the school district to ensure district-level support | 
      
        |  | for low-performing campuses and to oversee the implementation of | 
      
        |  | the updated targeted improvement plan. | 
      
        |  | (d)  The commissioner may adopt rules necessary to implement | 
      
        |  | this section.  (Ed. Code, Secs. 39.107(f), (g), (q).) | 
      
        |  | SUBCHAPTER F.  INTERVENTIONS AND SANCTIONS FOR OPEN-ENROLLMENT | 
      
        |  | CHARTER SCHOOLS | 
      
        |  | Sec. 39A.251.  APPLICABILITY OF INTERVENTIONS AND SANCTIONS | 
      
        |  | TO OPEN-ENROLLMENT CHARTER SCHOOL.  Interventions and sanctions | 
      
        |  | authorized under this chapter for a school district or campus apply | 
      
        |  | in the same manner to an open-enrollment charter school.  (Ed. Code, | 
      
        |  | Sec. 39.104(a).) | 
      
        |  | Sec. 39A.252.  RULES.  (a)  The commissioner shall adopt | 
      
        |  | rules to implement procedures to impose intervention or sanction | 
      
        |  | provisions under this chapter as those provisions relate to an | 
      
        |  | open-enrollment charter school. | 
      
        |  | (b)  In adopting rules under this section, the commissioner | 
      
        |  | shall require that the charter of an open-enrollment charter school | 
      
        |  | be automatically: | 
      
        |  | (1)  revoked if the charter school is ordered closed | 
      
        |  | under this chapter; or | 
      
        |  | (2)  modified to remove authorization for an individual | 
      
        |  | campus if the campus is ordered closed under this chapter.  (Ed. | 
      
        |  | Code, Secs. 39.104(b), (c).) | 
      
        |  | Sec. 39A.253.  HEARING NOT REQUIRED.  If interventions or | 
      
        |  | sanctions are imposed on an open-enrollment charter school under | 
      
        |  | the procedures provided by this chapter, the school is not entitled | 
      
        |  | to an additional hearing relating to the modification, placement on | 
      
        |  | probation, revocation, or denial of renewal of a charter as | 
      
        |  | provided by Subchapter D, Chapter 12.  (Ed. Code, Sec. 39.104(d).) | 
      
        |  | Sec. 39A.254.  CAMPUS IMPROVEMENT PLAN FOR OPEN-ENROLLMENT | 
      
        |  | CHARTER SCHOOL.  (a)  This section applies to an open-enrollment | 
      
        |  | charter school campus that satisfies performance standards under | 
      
        |  | Section 39.054(e) for the current school year but would not satisfy | 
      
        |  | performance standards under Section 39.054(e) if the standards to | 
      
        |  | be used for the following school year were applied to the current | 
      
        |  | school year. | 
      
        |  | (b)  If this section applies to a campus, the campus shall: | 
      
        |  | (1)  establish a campus-level planning and | 
      
        |  | decision-making committee as provided by Sections 11.251(b)-(e), | 
      
        |  | to the extent practicable; and | 
      
        |  | (2)  develop a campus improvement plan as provided by | 
      
        |  | Section 11.253. | 
      
        |  | (c)  On the request of the commissioner, the campus shall | 
      
        |  | submit to the commissioner the portions of the campus improvement | 
      
        |  | plan that are relevant to those areas for which the campus would not | 
      
        |  | satisfy performance standards.  The portions of the improvement | 
      
        |  | plan must be submitted in an electronic format.  (Ed. Code, Secs. | 
      
        |  | 39.105(a) (part), (b).) | 
      
        |  | Sec. 39A.255.  CAMPUS TURNAROUND PLAN FOR OPEN-ENROLLMENT | 
      
        |  | CHARTER SCHOOL.  (a)  The commissioner shall adopt rules governing | 
      
        |  | the procedures for an open-enrollment charter school campus that is | 
      
        |  | subject to an order issued under Section 39A.101.  The commissioner | 
      
        |  | may adopt other rules necessary to implement this section. | 
      
        |  | (b)  The campus turnaround plan of an open-enrollment | 
      
        |  | charter school must include a revision of the school's charter in | 
      
        |  | accordance with Section 12.114. | 
      
        |  | (c)  Nothing in this section or the following provisions of | 
      
        |  | this chapter may be construed to modify any provision of Subchapter | 
      
        |  | D, Chapter 12, relating to the expiration, nonrenewal, revocation, | 
      
        |  | or modification of the governance of an open-enrollment charter | 
      
        |  | school: | 
      
        |  | (1)  Subchapter C; | 
      
        |  | (2)  Subchapter D; | 
      
        |  | (3)  Section 39A.201(b); | 
      
        |  | (4)  Section 39A.206(a); | 
      
        |  | (5)  Section 39A.207; and | 
      
        |  | (6)  Section 39A.209. | 
      
        |  | (d)  The governing board of the open-enrollment charter | 
      
        |  | school shall perform the duties of a board of trustees of a school | 
      
        |  | district under this chapter.  (Ed. Code, Secs. 39.107(b-9), (q).) | 
      
        |  | Sec. 39A.256.  APPOINTMENT OF BOARD OF MANAGERS FOR | 
      
        |  | OPEN-ENROLLMENT CHARTER SCHOOL.  (a)  A board of managers appointed | 
      
        |  | for an open-enrollment charter school or a campus of an | 
      
        |  | open-enrollment charter school under this chapter or Chapter 12 has | 
      
        |  | the powers and duties prescribed by Section 39A.201(b), if | 
      
        |  | applicable, and Sections 39A.201(a), 39A.202, 39A.203, and | 
      
        |  | 39A.206(b). | 
      
        |  | (b)  Except as otherwise provided by this subsection, the | 
      
        |  | board of managers for an open-enrollment charter school or a campus | 
      
        |  | of an open-enrollment charter school may not serve for a period that | 
      
        |  | exceeds the period authorized by law for a board of managers | 
      
        |  | appointed for a school district. A board of managers appointed to | 
      
        |  | wind up the affairs of a former open-enrollment charter school or | 
      
        |  | campus serves until dissolved by the commissioner.  (Ed. Code, | 
      
        |  | Secs. 39.1121(a), (c).) | 
      
        |  | Sec. 39A.257.  SUPERINTENDENT FOR OPEN-ENROLLMENT CHARTER | 
      
        |  | SCHOOL.  If the commissioner appoints a board of managers for an | 
      
        |  | open-enrollment charter school or a campus of an open-enrollment | 
      
        |  | charter school, the commissioner may also appoint a superintendent. | 
      
        |  | (Ed. Code, Sec. 39.1121(b).) | 
      
        |  | Sec. 39A.258.  REMOVAL BY COMMISSIONER.  Any person | 
      
        |  | appointed to serve on the board of managers for an open-enrollment | 
      
        |  | charter school or a campus of an open-enrollment charter school or | 
      
        |  | as superintendent serves at the discretion of the commissioner and | 
      
        |  | may be replaced by the commissioner at any time.  (Ed. Code, Sec. | 
      
        |  | 39.1121(e).) | 
      
        |  | Sec. 39A.259.  COMPENSATION OF BOARD OF MANAGERS AND | 
      
        |  | SUPERINTENDENT.  (a)  The commissioner may authorize compensation | 
      
        |  | for a member of a board of managers for an open-enrollment charter | 
      
        |  | school or a campus of an open-enrollment charter school or a | 
      
        |  | superintendent appointed by the commissioner. | 
      
        |  | (b)  The commissioner shall establish the terms of | 
      
        |  | compensation provided under Subsection (a). | 
      
        |  | (c)  The commissioner shall use funds received by or due to | 
      
        |  | the former charter holder under Section 12.106 or funds returned to | 
      
        |  | the state from liquidation of state property held by a former | 
      
        |  | charter holder for compensation of a member of a board of managers | 
      
        |  | for an open-enrollment charter school or a campus of an | 
      
        |  | open-enrollment charter school or a superintendent. | 
      
        |  | (d)  If funds described by Subsection (c) are not available | 
      
        |  | or the commissioner determines that the circumstances require, the | 
      
        |  | commissioner may use available agency funds, provided that the use | 
      
        |  | of the available funds for that purpose is not prohibited by other | 
      
        |  | law. | 
      
        |  | (e)  To the extent this section conflicts with Section | 
      
        |  | 39A.206(a), this section prevails.  (Ed. Code, Sec. 39.1122.) | 
      
        |  | Sec. 39A.260.  IMMUNITY; REPRESENTATION BY ATTORNEY | 
      
        |  | GENERAL.  Any person appointed by the commissioner to serve on the | 
      
        |  | board of managers for an open-enrollment charter school or a campus | 
      
        |  | of an open-enrollment charter school or as superintendent acts on | 
      
        |  | behalf of the commissioner and is entitled to: | 
      
        |  | (1)  sovereign immunity; and | 
      
        |  | (2)  representation by the attorney general for any act | 
      
        |  | or omission taken while acting in the person's official capacity. | 
      
        |  | (Ed. Code, Sec. 39.1121(d).) | 
      
        |  | SUBCHAPTER G.  CHALLENGE OF INTERVENTION OR SANCTION | 
      
        |  | Sec. 39A.301.  REVIEW OF SANCTIONS BY STATE OFFICE OF | 
      
        |  | ADMINISTRATIVE HEARINGS.  (a)  A school district or | 
      
        |  | open-enrollment charter school that intends to challenge a decision | 
      
        |  | by the commissioner under this chapter to close the district or a | 
      
        |  | district campus or the charter school or to pursue alternative | 
      
        |  | management of a district campus or the charter school must appeal | 
      
        |  | the decision under this section. | 
      
        |  | (b)  A challenge to a decision under this section is under | 
      
        |  | the substantial evidence rule as provided by Subchapter G, Chapter | 
      
        |  | 2001, Government Code.  The commissioner shall adopt procedural | 
      
        |  | rules for a challenge under this section. | 
      
        |  | (c)  Notwithstanding other law: | 
      
        |  | (1)  the State Office of Administrative Hearings shall | 
      
        |  | conduct an expedited review of a challenge under this section; | 
      
        |  | (2)  the administrative law judge shall issue a final | 
      
        |  | order not later than the 30th day after the date on which the | 
      
        |  | hearing is finally closed; | 
      
        |  | (3)  the decision of the administrative law judge is | 
      
        |  | final and may not be appealed; and | 
      
        |  | (4)  the decision of the administrative law judge may | 
      
        |  | set an effective date for an action under this section. (Ed. Code, | 
      
        |  | Sec. 39.152.) | 
      
        |  | SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS | 
      
        |  | Sec. 39A.901.  ANNUAL REVIEW.  (a)  The commissioner shall | 
      
        |  | annually review the performance of a school district or campus | 
      
        |  | subject to this chapter to determine the appropriate actions to be | 
      
        |  | implemented under this chapter. | 
      
        |  | (b)  The commissioner must review at least annually the | 
      
        |  | performance of a school district for which the accreditation status | 
      
        |  | or performance rating has been lowered due to insufficient student | 
      
        |  | performance and may not raise the accreditation status or | 
      
        |  | performance rating until the district has demonstrated improved | 
      
        |  | student performance. | 
      
        |  | (c)  If the review conducted under this section reveals a | 
      
        |  | lack of improvement, the commissioner shall increase the level of | 
      
        |  | state intervention and sanction unless the commissioner finds good | 
      
        |  | cause for maintaining the current status. (Ed. Code, Sec. 39.108.) | 
      
        |  | Sec. 39A.902.  ACQUISITION OF PROFESSIONAL SERVICES.  In | 
      
        |  | addition to other interventions and sanctions authorized under this | 
      
        |  | chapter, the commissioner may order a school district or campus to | 
      
        |  | acquire professional services at the expense of the district or | 
      
        |  | campus to address the applicable financial, assessment, data | 
      
        |  | quality, program, performance, or governance deficiency.  The | 
      
        |  | commissioner's order may require the district or campus to: | 
      
        |  | (1)  select or be assigned an external auditor, data | 
      
        |  | quality expert, professional authorized to monitor district | 
      
        |  | assessment instrument administration, or curriculum or program | 
      
        |  | expert; or | 
      
        |  | (2)  provide for or participate in the appropriate | 
      
        |  | training of district staff or board of trustees members in the case | 
      
        |  | of a district, or campus staff, in the case of a campus. (Ed. Code, | 
      
        |  | Sec. 39.109.) | 
      
        |  | Sec. 39A.903.  COSTS PAID BY SCHOOL DISTRICT.  The costs of | 
      
        |  | providing a monitor, conservator, management team, campus | 
      
        |  | intervention team, technical assistance team, managing entity, or | 
      
        |  | service provider under this chapter shall be paid by the school | 
      
        |  | district.  If the district fails or refuses to pay the costs in a | 
      
        |  | timely manner, the commissioner may: | 
      
        |  | (1)  pay the costs using amounts withheld from any | 
      
        |  | funds to which the district is otherwise entitled; or | 
      
        |  | (2)  recover the amount of the costs in the manner | 
      
        |  | provided for recovery of an overallocation of state funds under | 
      
        |  | Section 42.258. (Ed. Code, Sec. 39.110.) | 
      
        |  | Sec. 39A.904.  IMMUNITY FROM CIVIL LIABILITY.  An employee, | 
      
        |  | volunteer, or contractor acting on behalf of the commissioner under | 
      
        |  | this chapter, or a member of a board of managers appointed by the | 
      
        |  | commissioner under this chapter, is immune from civil liability to | 
      
        |  | the same extent as a professional employee of a school district | 
      
        |  | under Section 22.051. (Ed. Code, Sec. 39.114.) | 
      
        |  | Sec. 39A.905.  CAMPUS NAME CHANGE PROHIBITED.  In | 
      
        |  | reconstituting, repurposing, or imposing any other intervention or | 
      
        |  | sanction on a campus under this chapter, the commissioner may not | 
      
        |  | require that the name of the campus be changed. (Ed. Code, Sec. | 
      
        |  | 39.115.) | 
      
        |  | Sec. 39A.906.  TRANSITIONAL INTERVENTIONS AND SANCTIONS. | 
      
        |  | (a)  For a campus that received an unacceptable performance rating | 
      
        |  | for the 2013-2014, 2014-2015, and 2015-2016 school years, the | 
      
        |  | commissioner may apply the interventions and sanctions authorized | 
      
        |  | by Chapter 39 as that chapter existed on January 1, 2015, to the | 
      
        |  | campus. | 
      
        |  | (b)  If a campus described by Subsection (a) receives an | 
      
        |  | unacceptable performance rating for the 2016-2017 and 2017-2018 | 
      
        |  | school years, the commissioner shall apply the interventions and | 
      
        |  | sanctions authorized by Section 39A.111 to the campus. | 
      
        |  | (c)  For a campus that received an acceptable performance | 
      
        |  | rating for the 2013-2014 school year and an unacceptable | 
      
        |  | performance rating for the 2014-2015 and 2015-2016 school years, | 
      
        |  | the commissioner shall apply the interventions and sanctions | 
      
        |  | authorized by Section 39A.101(a) to the campus. | 
      
        |  | (d)  If a campus described by Subsection (c) receives an | 
      
        |  | unacceptable performance rating for the 2016-2017, 2017-2018, and | 
      
        |  | 2018-2019 school years, the commissioner shall apply the | 
      
        |  | interventions and sanctions authorized by Section 39A.111 to the | 
      
        |  | campus. | 
      
        |  | (e)  The commissioner may adopt rules as necessary to | 
      
        |  | implement this section. | 
      
        |  | (f)  This section expires September 1, 2020. (Ed. Code, Sec. | 
      
        |  | 39.1071.) | 
      
        |  | Sec. 39A.907.  SPECIAL STUDENT RECOVERY PROGRAM.  (a)  This | 
      
        |  | section applies only to a school district with a student enrollment | 
      
        |  | of at least 60,000 that is located in a county on the international | 
      
        |  | border with a population of 800,000 or more. | 
      
        |  | (b)  The commissioner may require a school district to which | 
      
        |  | this section applies to operate a special student recovery program | 
      
        |  | if the commissioner has imposed a sanction under Subchapter A based | 
      
        |  | on a determination that the district has, for the purpose of | 
      
        |  | affecting the performance rating under Section 39.054 or former | 
      
        |  | Section 39.072 or a distinction designation under Section 39.202 or | 
      
        |  | 39.203 of the district or a campus in the district: | 
      
        |  | (1)  assigned a student to a grade level to which the | 
      
        |  | student would not otherwise be assigned, in violation of local | 
      
        |  | policy; | 
      
        |  | (2)  retained a student at a grade level at which the | 
      
        |  | student would not otherwise be retained, in violation of local | 
      
        |  | policy; | 
      
        |  | (3)  declined to admit to the schools of the district a | 
      
        |  | student with limited English proficiency who was eligible for | 
      
        |  | admission; or | 
      
        |  | (4)  encouraged a student who was eligible for | 
      
        |  | admission to the district to enroll in another district or drop out | 
      
        |  | of school. | 
      
        |  | (c)  The commissioner shall require a school district to | 
      
        |  | which this section applies to operate a special student recovery | 
      
        |  | program if the superintendent or assistant superintendent of the | 
      
        |  | district or a principal or assistant principal of a campus in the | 
      
        |  | district is convicted of or receives a grant of deferred | 
      
        |  | adjudication community supervision for an offense associated with | 
      
        |  | conduct described by Subsection (b). | 
      
        |  | (d)  A special student recovery program must include: | 
      
        |  | (1)  identification of students affected by conduct | 
      
        |  | described by Subsection (b), with an emphasis on identifying and | 
      
        |  | obtaining current addresses for students who dropped out of school | 
      
        |  | after the conduct; | 
      
        |  | (2)  notification of students identified under | 
      
        |  | Subdivision (1) of the availability of educational services | 
      
        |  | provided through the program; | 
      
        |  | (3)  provision of appropriate compensatory, intensive, | 
      
        |  | and accelerated instructional services for students identified | 
      
        |  | under Subdivision (1), including services designed to enable | 
      
        |  | students to obtain high school equivalency certificates under | 
      
        |  | Section 7.111; and | 
      
        |  | (4)  for students identified under Subdivision (1) who | 
      
        |  | are at least 21 years of age and under 26 years of age, the offer of | 
      
        |  | admission to the schools of the school district for the purpose of | 
      
        |  | completing the requirements for a high school diploma, as | 
      
        |  | authorized by Section 25.001. | 
      
        |  | (e)  A student who is at least 21 years of age and is admitted | 
      
        |  | to the schools of the school district under Subsection (d)(4) is | 
      
        |  | subject to the placement restrictions described by Section | 
      
        |  | 25.001(b-2) if the student has not attended school in the three | 
      
        |  | preceding school years. | 
      
        |  | (f)  In addition to any other available funds, a school | 
      
        |  | district may use funds provided to the district under Section | 
      
        |  | 42.152 to pay the costs of the program.  Instructional services may | 
      
        |  | be provided to students identified under Subsection (d)(1) who are | 
      
        |  | under 26 years of age using funds provided under Section 42.152 or | 
      
        |  | other Foundation School Program funds, notwithstanding Section | 
      
        |  | 42.003. | 
      
        |  | (g)  This section requires a school district to provide | 
      
        |  | instructional services only to a student who is a resident of this | 
      
        |  | state and is eligible for admission to the schools of the district | 
      
        |  | under Section 25.001, including eligibility described by that | 
      
        |  | section for students who are under 26 years of age. | 
      
        |  | (h)  The commissioner shall determine the duration of a | 
      
        |  | special student recovery program, provided that the program must | 
      
        |  | have a duration of at least two years.  Before a program may be | 
      
        |  | concluded, the school district must conduct a public hearing in the | 
      
        |  | community served by the district to solicit comments from students, | 
      
        |  | parents, and other members of the community regarding whether there | 
      
        |  | is a continuing need for the program. | 
      
        |  | (i)  The commissioner shall adopt rules necessary to | 
      
        |  | implement this section. | 
      
        |  | (j)  This section expires September 1, 2018. (Ed. Code, Sec. | 
      
        |  | 39.117.) | 
      
        |  | SECTION 21.002.  The following provisions are repealed: | 
      
        |  | (1)  Subchapter E, Chapter 39, Education Code; and | 
      
        |  | (2)  Section 39.152, Education Code. | 
      
        |  | SECTION 21.003.  The following changes are made to conform | 
      
        |  | the provisions amended to the nonsubstantive revision set out in | 
      
        |  | Section 21.001 of this Act: | 
      
        |  | (1)  Section 7.028(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Except as provided by Section 29.001(5), 29.010(a), or | 
      
        |  | 39.057, the agency may monitor compliance with requirements | 
      
        |  | applicable to a process or program provided by a school district, | 
      
        |  | campus, program, or school granted charters under Chapter 12, | 
      
        |  | including the process described by Subchapter F, Chapter 11, or a | 
      
        |  | program described by Subchapter B, C, D, E, F, H, or I, Chapter 29, | 
      
        |  | Subchapter A, Chapter 37, or Section 38.003, and the use of funds | 
      
        |  | provided for such a program under Subchapter C, Chapter 42, only as | 
      
        |  | necessary to ensure: | 
      
        |  | (1)  compliance with federal law and regulations; | 
      
        |  | (2)  financial accountability, including compliance | 
      
        |  | with grant requirements; and | 
      
        |  | (3)  data integrity for purposes of: | 
      
        |  | (A)  the Public Education Information Management | 
      
        |  | System (PEIMS); and | 
      
        |  | (B)  accountability under Chapters [ Chapter] 39 | 
      
        |  | and 39A. | 
      
        |  | (2)  Section 7.055(b)(32), Education Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (32)  The commissioner shall perform duties in | 
      
        |  | connection with the public school accountability system as | 
      
        |  | prescribed by Chapters [ Chapter] 39 and 39A. | 
      
        |  | (3)  Sections 7.056(e) and (f), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (e)  Except as provided by Subsection (f), a school campus or | 
      
        |  | district may not receive an exemption or waiver under this section | 
      
        |  | from: | 
      
        |  | (1)  a prohibition on conduct that constitutes a | 
      
        |  | criminal offense; | 
      
        |  | (2)  a requirement imposed by federal law or rule, | 
      
        |  | including a requirement for special education or bilingual | 
      
        |  | education programs; or | 
      
        |  | (3)  a requirement, restriction, or prohibition | 
      
        |  | relating to: | 
      
        |  | (A)  essential knowledge or skills under Section | 
      
        |  | 28.002 or high school graduation requirements under Section 28.025; | 
      
        |  | (B)  public school accountability as provided by | 
      
        |  | Subchapters B, C, D, [ E,] and J, Chapter 39, and Chapter 39A; | 
      
        |  | (C)  extracurricular activities under Section | 
      
        |  | 33.081 or participation in a University Interscholastic League | 
      
        |  | area, regional, or state competition under Section 33.0812; | 
      
        |  | (D)  health and safety under Chapter 38; | 
      
        |  | (E)  purchasing under Subchapter B, Chapter 44; | 
      
        |  | (F)  elementary school class size limits, except | 
      
        |  | as provided by Section 25.112; | 
      
        |  | (G)  removal of a disruptive student from the | 
      
        |  | classroom under Subchapter A, Chapter 37; | 
      
        |  | (H)  at-risk programs under Subchapter C, Chapter | 
      
        |  | 29; | 
      
        |  | (I)  prekindergarten programs under Subchapter E, | 
      
        |  | Chapter 29; | 
      
        |  | (J)  educator rights and benefits under | 
      
        |  | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter | 
      
        |  | A, Chapter 22; | 
      
        |  | (K)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; | 
      
        |  | (L)  bilingual education programs under | 
      
        |  | Subchapter B, Chapter 29; or | 
      
        |  | (M)  the requirements for the first day of | 
      
        |  | instruction under Section 25.0811. | 
      
        |  | (f)  A school district or campus that is required to develop | 
      
        |  | and implement a student achievement improvement plan under | 
      
        |  | Subchapter A, Chapter 39A, or Section 39A.051 [ Section 39.102 or  | 
      
        |  | 39.103] may receive an exemption or waiver under this section from | 
      
        |  | any law or rule other than: | 
      
        |  | (1)  a prohibition on conduct that constitutes a | 
      
        |  | criminal offense; | 
      
        |  | (2)  a requirement imposed by federal law or rule; | 
      
        |  | (3)  a requirement, restriction, or prohibition | 
      
        |  | imposed by state law or rule relating to: | 
      
        |  | (A)  public school accountability as provided by | 
      
        |  | Subchapters B, C, D, [ E,] and J, Chapter 39, and Chapter 39A; or | 
      
        |  | (B)  educator rights and benefits under | 
      
        |  | Subchapters A, C, D, E, F, G, and I, Chapter 21, or under Subchapter | 
      
        |  | A, Chapter 22; or | 
      
        |  | (4)  selection of instructional materials under | 
      
        |  | Chapter 31. | 
      
        |  | (4)  Section 7.102(c)(29), Education Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (29)  The board shall perform duties in connection with | 
      
        |  | the public school accountability system as prescribed by Chapters | 
      
        |  | [ Chapter] 39 and 39A. | 
      
        |  | (5)  Section 12.013(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A home-rule school district is subject to: | 
      
        |  | (1)  a provision of this title establishing a criminal | 
      
        |  | offense; | 
      
        |  | (2)  a provision of this title relating to limitations | 
      
        |  | on liability; and | 
      
        |  | (3)  a prohibition, restriction, or requirement, as | 
      
        |  | applicable, imposed by this title or a rule adopted under this | 
      
        |  | title, relating to: | 
      
        |  | (A)  the Public Education Information Management | 
      
        |  | System (PEIMS) to the extent necessary to monitor compliance with | 
      
        |  | this subchapter as determined by the commissioner; | 
      
        |  | (B)  educator certification under Chapter 21 and | 
      
        |  | educator rights under Sections 21.407, 21.408, and 22.001; | 
      
        |  | (C)  criminal history records under Subchapter C, | 
      
        |  | Chapter 22; | 
      
        |  | (D)  student admissions under Section 25.001; | 
      
        |  | (E)  school attendance under Sections 25.085, | 
      
        |  | 25.086, and 25.087; | 
      
        |  | (F)  inter-district or inter-county transfers of | 
      
        |  | students under Subchapter B, Chapter 25; | 
      
        |  | (G)  elementary class size limits under Section | 
      
        |  | 25.112, in the case of any campus in the district that fails to | 
      
        |  | satisfy any standard under Section 39.054(e); | 
      
        |  | (H)  high school graduation under Section 28.025; | 
      
        |  | (I)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; | 
      
        |  | (J)  bilingual education under Subchapter B, | 
      
        |  | Chapter 29; | 
      
        |  | (K)  prekindergarten programs under Subchapter E, | 
      
        |  | Chapter 29; | 
      
        |  | (L)  safety provisions relating to the | 
      
        |  | transportation of students under Sections 34.002, 34.003, 34.004, | 
      
        |  | and 34.008; | 
      
        |  | (M)  computation and distribution of state aid | 
      
        |  | under Chapters 31, 42, and 43; | 
      
        |  | (N)  extracurricular activities under Section | 
      
        |  | 33.081; | 
      
        |  | (O)  health and safety under Chapter 38; | 
      
        |  | (P)  public school accountability under | 
      
        |  | Subchapters B, C, D, [ E,] and J, Chapter 39, and Chapter 39A; | 
      
        |  | (Q)  equalized wealth under Chapter 41; | 
      
        |  | (R)  a bond or other obligation or tax rate under | 
      
        |  | Chapters 42, 43, and 45; and | 
      
        |  | (S)  purchasing under Chapter 44. | 
      
        |  | (6)  Section 12.016, Education Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 12.016.  CONTENT.  Each home-rule school district | 
      
        |  | charter must: | 
      
        |  | (1)  describe the educational program to be offered; | 
      
        |  | (2)  provide that continuation of the home-rule school | 
      
        |  | district charter is contingent on: | 
      
        |  | (A)  acceptable student performance on assessment | 
      
        |  | instruments adopted under Subchapter B, Chapter 39; and | 
      
        |  | (B)  compliance with other applicable | 
      
        |  | accountability provisions under Chapters [ Chapter] 39 and 39A; | 
      
        |  | (3)  specify any basis, in addition to a basis | 
      
        |  | specified by this subchapter, on which the charter may be placed on | 
      
        |  | probation or revoked; | 
      
        |  | (4)  describe the governing structure of the district | 
      
        |  | and campuses; | 
      
        |  | (5)  specify any procedure or requirement, in addition | 
      
        |  | to those under Chapter 38, that the district will follow to ensure | 
      
        |  | the health and safety of students and employees; | 
      
        |  | (6)  describe the process by which the district will | 
      
        |  | adopt an annual budget, including a description of the use of | 
      
        |  | program-weight funds; | 
      
        |  | (7)  describe the manner in which an annual audit of | 
      
        |  | financial and programmatic operations of the district is to be | 
      
        |  | conducted, including the manner in which the district will provide | 
      
        |  | information necessary for the district to participate in the Public | 
      
        |  | Education Information Management System (PEIMS) to the extent | 
      
        |  | required by this subchapter; and | 
      
        |  | (8)  include any other provision the charter commission | 
      
        |  | considers necessary. | 
      
        |  | (7)  Section 12.056(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A campus or program for which a charter is granted under | 
      
        |  | this subchapter is subject to: | 
      
        |  | (1)  a provision of this title establishing a criminal | 
      
        |  | offense; and | 
      
        |  | (2)  a prohibition, restriction, or requirement, as | 
      
        |  | applicable, imposed by this title or a rule adopted under this | 
      
        |  | title, relating to: | 
      
        |  | (A)  the Public Education Information Management | 
      
        |  | System (PEIMS) to the extent necessary to monitor compliance with | 
      
        |  | this subchapter as determined by the commissioner; | 
      
        |  | (B)  criminal history records under Subchapter C, | 
      
        |  | Chapter 22; | 
      
        |  | (C)  high school graduation under Section 28.025; | 
      
        |  | (D)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; | 
      
        |  | (E)  bilingual education under Subchapter B, | 
      
        |  | Chapter 29; | 
      
        |  | (F)  prekindergarten programs under Subchapter E, | 
      
        |  | Chapter 29; | 
      
        |  | (G)  extracurricular activities under Section | 
      
        |  | 33.081; | 
      
        |  | (H)  health and safety under Chapter 38; and | 
      
        |  | (I)  public school accountability under | 
      
        |  | Subchapters B, C, D, [ E,] F, and J, Chapter 39, and Chapter 39A. | 
      
        |  | (8)  Section 12.059, Education Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 12.059.  CONTENT.  Each charter granted under this | 
      
        |  | subchapter must: | 
      
        |  | (1)  describe the educational program to be offered, | 
      
        |  | which may be a general or specialized program; | 
      
        |  | (2)  provide that continuation of the charter is | 
      
        |  | contingent on satisfactory student performance under Subchapter B, | 
      
        |  | Chapter 39, satisfactory financial performance under Subchapter D, | 
      
        |  | Chapter 39, and compliance with other applicable accountability | 
      
        |  | provisions under Chapters [ Chapter] 39 and 39A; | 
      
        |  | (3)  specify any basis, in addition to a basis | 
      
        |  | specified by this subchapter, on which the charter may be revoked; | 
      
        |  | (4)  prohibit discrimination in admission on the basis | 
      
        |  | of national origin, ethnicity, race, religion, or disability; | 
      
        |  | (5)  describe the governing structure of the campus or | 
      
        |  | program; | 
      
        |  | (6)  specify any procedure or requirement, in addition | 
      
        |  | to those under Chapter 38, that the campus or program will follow to | 
      
        |  | ensure the health and safety of students and employees; and | 
      
        |  | (7)  describe the manner in which an annual audit of | 
      
        |  | financial and programmatic operations of the campus or program is | 
      
        |  | to be conducted, including the manner in which the campus or program | 
      
        |  | will provide information necessary for the school district in which | 
      
        |  | it is located to participate, as required by this code or by | 
      
        |  | commissioner rule, in the Public Education Information Management | 
      
        |  | System (PEIMS). | 
      
        |  | (9)  Section 12.102, Education Code, is amended to read | 
      
        |  | as follows: | 
      
        |  | Sec. 12.102.  AUTHORITY UNDER CHARTER.  An open-enrollment | 
      
        |  | charter school: | 
      
        |  | (1)  shall provide instruction to students at one or | 
      
        |  | more elementary or secondary grade levels as provided by the | 
      
        |  | charter; | 
      
        |  | (2)  is governed under the governing structure | 
      
        |  | described by the charter; | 
      
        |  | (3)  retains authority to operate under the charter to | 
      
        |  | the extent authorized under Sections 12.1141 and 12.115 and Chapter | 
      
        |  | 39A [ Subchapter E, Chapter 39]; and | 
      
        |  | (4)  does not have authority to impose taxes. | 
      
        |  | (10)  Section 12.104(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  An open-enrollment charter school is subject to: | 
      
        |  | (1)  a provision of this title establishing a criminal | 
      
        |  | offense; and | 
      
        |  | (2)  a prohibition, restriction, or requirement, as | 
      
        |  | applicable, imposed by this title or a rule adopted under this | 
      
        |  | title, relating to: | 
      
        |  | (A)  the Public Education Information Management | 
      
        |  | System (PEIMS) to the extent necessary to monitor compliance with | 
      
        |  | this subchapter as determined by the commissioner; | 
      
        |  | (B)  criminal history records under Subchapter C, | 
      
        |  | Chapter 22; | 
      
        |  | (C)  reading instruments and accelerated reading | 
      
        |  | instruction programs under Section 28.006; | 
      
        |  | (D)  accelerated instruction under Section | 
      
        |  | 28.0211; | 
      
        |  | (E)  high school graduation requirements under | 
      
        |  | Section 28.025; | 
      
        |  | (F)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; | 
      
        |  | (G)  bilingual education under Subchapter B, | 
      
        |  | Chapter 29; | 
      
        |  | (H)  prekindergarten programs under Subchapter E | 
      
        |  | or E-1, Chapter 29; | 
      
        |  | (I)  extracurricular activities under Section | 
      
        |  | 33.081; | 
      
        |  | (J)  discipline management practices or behavior | 
      
        |  | management techniques under Section 37.0021; | 
      
        |  | (K)  health and safety under Chapter 38; | 
      
        |  | (L)  public school accountability under | 
      
        |  | Subchapters B, C, D, [ E,] F, G, and J, Chapter 39, and Chapter 39A; | 
      
        |  | (M)  the requirement under Section 21.006 to | 
      
        |  | report an educator's misconduct; | 
      
        |  | (N)  intensive programs of instruction under | 
      
        |  | Section 28.0213; and | 
      
        |  | (O)  the right of a school employee to report a | 
      
        |  | crime, as provided by Section 37.148. | 
      
        |  | (11)  Section 12.111(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Each charter granted under this subchapter must: | 
      
        |  | (1)  describe the educational program to be offered, | 
      
        |  | which must include the required curriculum as provided by Section | 
      
        |  | 28.002; | 
      
        |  | (2)  provide that continuation of the charter is | 
      
        |  | contingent on the status of the charter as determined under Section | 
      
        |  | 12.1141 or 12.115 or under Chapter 39A [ Subchapter E, Chapter 39]; | 
      
        |  | (3)  specify the academic, operational, and financial | 
      
        |  | performance expectations by which a school operating under the | 
      
        |  | charter will be evaluated, which must include applicable elements | 
      
        |  | of the performance frameworks adopted under Section 12.1181; | 
      
        |  | (4)  specify: | 
      
        |  | (A)  any basis, in addition to a basis specified | 
      
        |  | by this subchapter or Chapter 39A [ Subchapter E, Chapter 39], on | 
      
        |  | which the charter may be revoked, renewal of the charter may be | 
      
        |  | denied, or the charter may be allowed to expire; and | 
      
        |  | (B)  the standards for evaluation of a school | 
      
        |  | operating under the charter for purposes of charter renewal, denial | 
      
        |  | of renewal, expiration, revocation, or other intervention in | 
      
        |  | accordance with Section 12.1141 or 12.115 or Chapter 39A | 
      
        |  | [ Subchapter E, Chapter 39], as applicable; | 
      
        |  | (5)  prohibit discrimination in admission policy on the | 
      
        |  | basis of sex, national origin, ethnicity, religion, disability, | 
      
        |  | academic, artistic, or athletic ability, or the district the child | 
      
        |  | would otherwise attend in accordance with this code, although the | 
      
        |  | charter may: | 
      
        |  | (A)  provide for the exclusion of a student who | 
      
        |  | has a documented history of a criminal offense, a juvenile court | 
      
        |  | adjudication, or discipline problems under Subchapter A, Chapter | 
      
        |  | 37; and | 
      
        |  | (B)  provide for an admission policy that requires | 
      
        |  | a student to demonstrate artistic ability if the school specializes | 
      
        |  | in performing arts; | 
      
        |  | (6)  specify the grade levels to be offered; | 
      
        |  | (7)  describe the governing structure of the program, | 
      
        |  | including: | 
      
        |  | (A)  the officer positions designated; | 
      
        |  | (B)  the manner in which officers are selected and | 
      
        |  | removed from office; | 
      
        |  | (C)  the manner in which members of the governing | 
      
        |  | body of the school are selected and removed from office; | 
      
        |  | (D)  the manner in which vacancies on that | 
      
        |  | governing body are filled; | 
      
        |  | (E)  the term for which members of that governing | 
      
        |  | body serve; and | 
      
        |  | (F)  whether the terms are to be staggered; | 
      
        |  | (8)  specify the powers or duties of the governing body | 
      
        |  | of the school that the governing body may delegate to an officer; | 
      
        |  | (9)  specify the manner in which the school will | 
      
        |  | distribute to parents information related to the qualifications of | 
      
        |  | each professional employee of the program, including any | 
      
        |  | professional or educational degree held by each employee, a | 
      
        |  | statement of any certification under Subchapter B, Chapter 21, held | 
      
        |  | by each employee, and any relevant experience of each employee; | 
      
        |  | (10)  describe the process by which the person | 
      
        |  | providing the program will adopt an annual budget; | 
      
        |  | (11)  describe the manner in which an annual audit of | 
      
        |  | the financial and programmatic operations of the program is to be | 
      
        |  | conducted, including the manner in which the person providing the | 
      
        |  | program will provide information necessary for the school district | 
      
        |  | in which the program is located to participate, as required by this | 
      
        |  | code or by commissioner rule, in the Public Education Information | 
      
        |  | Management System (PEIMS); | 
      
        |  | (12)  describe the facilities to be used; | 
      
        |  | (13)  describe the geographical area served by the | 
      
        |  | program; | 
      
        |  | (14)  specify any type of enrollment criteria to be | 
      
        |  | used; | 
      
        |  | (15)  provide information, as determined by the | 
      
        |  | commissioner, relating to any management company that will provide | 
      
        |  | management services to a school operating under the charter; and | 
      
        |  | (16)  specify that the governing body of an | 
      
        |  | open-enrollment charter school accepts and may not delegate | 
      
        |  | ultimate responsibility for the school, including the school's | 
      
        |  | academic performance and financial and operational viability, and | 
      
        |  | is responsible for overseeing any management company providing | 
      
        |  | management services for the school and for holding the management | 
      
        |  | company accountable for the school's performance. | 
      
        |  | (12)  Section 12.1141(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The commissioner shall develop and by rule adopt a | 
      
        |  | procedure for renewal, denial of renewal, or expiration of a | 
      
        |  | charter for an open-enrollment charter school at the end of the term | 
      
        |  | of the charter.  The procedure must include consideration of the | 
      
        |  | performance under Chapters [ Chapter] 39 and 39A of the charter | 
      
        |  | holder and each campus operating under the charter and must include | 
      
        |  | three distinct processes, which must be expedited renewal, | 
      
        |  | discretionary consideration of renewal or denial of renewal, and | 
      
        |  | expiration.  To renew a charter at the end of the term, the charter | 
      
        |  | holder must submit a petition for renewal to the commissioner in the | 
      
        |  | time and manner established by commissioner rule. | 
      
        |  | (13)  Section 12.1162(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The commissioner shall take any of the actions described | 
      
        |  | by Subsection (b) or by Section 39A.001, 39A.002, 39A.004, 39A.005, | 
      
        |  | or 39A.007 [ 39.102(a)], to the extent the commissioner determines | 
      
        |  | necessary, if an open-enrollment charter school, as determined by a | 
      
        |  | report issued under Section 39.058(b): | 
      
        |  | (1)  commits a material violation of the school's | 
      
        |  | charter; | 
      
        |  | (2)  fails to satisfy generally accepted accounting | 
      
        |  | standards of fiscal management; or | 
      
        |  | (3)  fails to comply with this subchapter or another | 
      
        |  | applicable rule or law. | 
      
        |  | (14)  Section 12A.004(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A local innovation plan may not provide for the | 
      
        |  | exemption of a district designated as a district of innovation from | 
      
        |  | the following provisions of this title: | 
      
        |  | (1)  a state or federal requirement applicable to an | 
      
        |  | open-enrollment charter school operating under Subchapter D, | 
      
        |  | Chapter 12; | 
      
        |  | (2)  Subchapters A, C, D, and E, Chapter 11, except that | 
      
        |  | a district may be exempt from Sections 11.1511(b)(5) and (14) and | 
      
        |  | Section 11.162; | 
      
        |  | (3)  state curriculum and graduation requirements | 
      
        |  | adopted under Chapter 28; and | 
      
        |  | (4)  academic and financial accountability and | 
      
        |  | sanctions under Chapters [ Chapter] 39 and 39A. | 
      
        |  | (15)  Section 18.006(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  The commissioner shall develop and implement a system of | 
      
        |  | accountability consistent with Chapters [ Chapter] 39 and 39A, where | 
      
        |  | appropriate, to be used in assigning an annual performance rating | 
      
        |  | to Job Corps diploma programs comparable to the ratings assigned to | 
      
        |  | school districts under Section 39.054.  The commissioner may | 
      
        |  | develop and implement a system of distinction designations | 
      
        |  | consistent with Subchapter G, Chapter 39, where appropriate, to be | 
      
        |  | used in assigning distinction designations to Job Corps diploma | 
      
        |  | programs comparable to the distinction designations assigned to | 
      
        |  | campuses under Subchapter G, Chapter 39. | 
      
        |  | (16)  Sections 28.006(e) and (j), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (e)  The results of reading instruments administered under | 
      
        |  | this section may not be used for purposes of appraisals and | 
      
        |  | incentives under Chapter 21 or accountability under Chapters | 
      
        |  | [ Chapter] 39 and 39A. | 
      
        |  | (j)  No more than 15 percent of the funds certified by the | 
      
        |  | commissioner under Subsection (i) may be spent on indirect costs. | 
      
        |  | The commissioner shall evaluate the programs that fail to meet the | 
      
        |  | standard of performance under Section 39.301(c)(5) and may | 
      
        |  | implement interventions or sanctions under Chapter 39A [ Subchapter  | 
      
        |  | E, Chapter 39].  The commissioner may audit the expenditures of | 
      
        |  | funds appropriated for purposes of this section.  The use of the | 
      
        |  | funds appropriated for purposes of this section shall be verified | 
      
        |  | as part of the district audit under Section 44.008. | 
      
        |  | (17)  Section 28.007(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The results of assessment instruments developed under | 
      
        |  | Subsection (a) may not be used for purposes of appraisals and | 
      
        |  | incentives under Chapter 21 or accountability under Chapters | 
      
        |  | [ Chapter] 39 and 39A. | 
      
        |  | (18)  Section 29.918(c), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  The commissioner shall adopt rules to administer this | 
      
        |  | section.  The commissioner may impose interventions or sanctions | 
      
        |  | under Subchapter A, Chapter 39A, or Section 39A.251, 39A.252, or | 
      
        |  | 39A.253 [ 39.102 or 39.104] if a school district or open-enrollment | 
      
        |  | charter school fails to timely comply with this section. | 
      
        |  | (19)  Section 37.008(c), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  An off-campus disciplinary alternative education | 
      
        |  | program is not subject to a requirement imposed by this title, other | 
      
        |  | than a limitation on liability, a reporting requirement, or a | 
      
        |  | requirement imposed by this chapter or by Chapter 39 or 39A. | 
      
        |  | (20)  Sections 37.011(g) and (h), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (g)  A juvenile justice alternative education program shall | 
      
        |  | be subject to a written operating policy developed by the local | 
      
        |  | juvenile justice board and submitted to the Texas Juvenile Justice | 
      
        |  | Department for review and comment.  A juvenile justice alternative | 
      
        |  | education program is not subject to a requirement imposed by this | 
      
        |  | title, other than a reporting requirement or a requirement imposed | 
      
        |  | by this chapter or by Chapter 39 or 39A. | 
      
        |  | (h)  Academically, the mission of juvenile justice | 
      
        |  | alternative education programs shall be to enable students to | 
      
        |  | perform at grade level.  For purposes of accountability under | 
      
        |  | Chapters [ Chapter] 39 and 39A, a student enrolled in a juvenile | 
      
        |  | justice alternative education program is reported as if the student | 
      
        |  | were enrolled at the student's assigned campus in the student's | 
      
        |  | regularly assigned education program, including a special | 
      
        |  | education program.  Annually the Texas Juvenile Justice Department, | 
      
        |  | with the agreement of the commissioner, shall develop and implement | 
      
        |  | a system of accountability consistent with Chapters [ Chapter] 39 | 
      
        |  | and 39A, where appropriate, to assure that students make progress | 
      
        |  | toward grade level while attending a juvenile justice alternative | 
      
        |  | education program.  The department shall adopt rules for the | 
      
        |  | distribution of funds appropriated under this section to juvenile | 
      
        |  | boards in counties required to establish juvenile justice | 
      
        |  | alternative education programs.  Except as determined by the | 
      
        |  | commissioner, a student served by a juvenile justice alternative | 
      
        |  | education program on the basis of an expulsion required under | 
      
        |  | Section 37.007(a), (d), or (e) is not eligible for Foundation | 
      
        |  | School Program funding under Chapter 42 or 31 if the juvenile | 
      
        |  | justice alternative education program receives funding from the | 
      
        |  | department under this subchapter. | 
      
        |  | (21)  Sections 39.057(d) and (e), Education Code, are | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  Based on the results of a special accreditation | 
      
        |  | investigation, the commissioner may: | 
      
        |  | (1)  take appropriate action under Chapter 39A | 
      
        |  | [ Subchapter E]; | 
      
        |  | (2)  lower the school district's accreditation status | 
      
        |  | or a district's or campus's accountability rating; or | 
      
        |  | (3)  take action under both Subdivisions (1) and (2). | 
      
        |  | (e)  Regardless of whether the commissioner lowers the | 
      
        |  | school district's accreditation status or a district's or campus's | 
      
        |  | performance rating under Subsection (d), the commissioner may take | 
      
        |  | action under Section 39A.002 or 39A.051 [ Sections 39.102(a)(1)  | 
      
        |  | through (8) or Section 39.103] if the commissioner determines that | 
      
        |  | the action is necessary to improve any area of a district's or | 
      
        |  | campus's performance, including the district's financial | 
      
        |  | accounting practices. | 
      
        |  | (22)  Section 39.0823(d), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  The agency may require a district or open-enrollment | 
      
        |  | charter school to submit additional information needed to produce a | 
      
        |  | financial report under Subsection (a).  If a district or school | 
      
        |  | fails to provide information requested under this subsection or if | 
      
        |  | the commissioner determines that the information submitted by a | 
      
        |  | district or school is unreliable, the commissioner may order the | 
      
        |  | district or school to acquire professional services as provided by | 
      
        |  | Section 39A.902 [ 39.109]. | 
      
        |  | (23)  Section 39.0824(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The commissioner may impose appropriate sanctions under | 
      
        |  | Chapter 39A [ Subchapter E] against a district or school failing to | 
      
        |  | submit or implement a corrective action plan required under | 
      
        |  | Subsection (a). | 
      
        |  | (24)  The heading to Subchapter F, Chapter 39, | 
      
        |  | Education Code, is amended to read as follows: | 
      
        |  | SUBCHAPTER F.  PROCEDURES FOR CHALLENGE OF ACCOUNTABILITY | 
      
        |  | DETERMINATION[ , INTERVENTION, OR SANCTION] | 
      
        |  | (25)  Section 39.232(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A school campus or district is not exempt under this | 
      
        |  | section from: | 
      
        |  | (1)  a prohibition on conduct that constitutes a | 
      
        |  | criminal offense; | 
      
        |  | (2)  requirements imposed by federal law or rule, | 
      
        |  | including requirements for special education or bilingual | 
      
        |  | education programs; or | 
      
        |  | (3)  a requirement, restriction, or prohibition | 
      
        |  | relating to: | 
      
        |  | (A)  curriculum essential knowledge and skills | 
      
        |  | under Section 28.002 or high school graduation requirements under | 
      
        |  | Section 28.025; | 
      
        |  | (B)  public school accountability as provided by | 
      
        |  | Subchapters B, C, D, [ E,] and J and Chapter 39A; | 
      
        |  | (C)  extracurricular activities under Section | 
      
        |  | 33.081; | 
      
        |  | (D)  health and safety under Chapter 38; | 
      
        |  | (E)  purchasing under Subchapter B, Chapter 44; | 
      
        |  | (F)  elementary school class size limits, except | 
      
        |  | as provided by Subsection (d) or Section 25.112; | 
      
        |  | (G)  removal of a disruptive student from the | 
      
        |  | classroom under Subchapter A, Chapter 37; | 
      
        |  | (H)  at risk programs under Subchapter C, Chapter | 
      
        |  | 29; | 
      
        |  | (I)  prekindergarten programs under Subchapter E, | 
      
        |  | Chapter 29; | 
      
        |  | (J)  rights and benefits of school employees; | 
      
        |  | (K)  special education programs under Subchapter | 
      
        |  | A, Chapter 29; or | 
      
        |  | (L)  bilingual education programs under | 
      
        |  | Subchapter B, Chapter 29. | 
      
        |  | (26)  Section 39.306(a), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Each board of trustees shall publish an annual report | 
      
        |  | describing the educational performance of the district and of each | 
      
        |  | campus in the district that includes uniform student performance | 
      
        |  | and descriptive information as determined under rules adopted by | 
      
        |  | the commissioner.  The annual report must also include: | 
      
        |  | (1)  campus performance objectives established under | 
      
        |  | Section 11.253 and the progress of each campus toward those | 
      
        |  | objectives, which shall be available to the public; | 
      
        |  | (2)  information indicating the district's | 
      
        |  | accreditation status and identifying each district campus awarded a | 
      
        |  | distinction designation under Subchapter G or considered an | 
      
        |  | unacceptable campus under Chapter 39A [ Subchapter E]; | 
      
        |  | (3)  the district's current special education | 
      
        |  | compliance status with the agency; | 
      
        |  | (4)  a statement of the number, rate, and type of | 
      
        |  | violent or criminal incidents that occurred on each district | 
      
        |  | campus, to the extent permitted under the Family Educational Rights | 
      
        |  | and Privacy Act of 1974 (20 U.S.C. Section 1232g); | 
      
        |  | (5)  information concerning school violence prevention | 
      
        |  | and violence intervention policies and procedures that the district | 
      
        |  | is using to protect students; | 
      
        |  | (6)  the findings that result from evaluations | 
      
        |  | conducted under the Safe and Drug-Free Schools and Communities Act | 
      
        |  | of 1994 (20 U.S.C. Section 7101 et seq.); and | 
      
        |  | (7)  information received under Section 51.403(e) for | 
      
        |  | each high school campus in the district, presented in a form | 
      
        |  | determined by the commissioner. | 
      
        |  | (27)  Section 39.333, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 39.333.  REGIONAL AND DISTRICT LEVEL REPORT.  As part of | 
      
        |  | the comprehensive biennial report under Section 39.332, the agency | 
      
        |  | shall submit a regional and district level report covering the | 
      
        |  | preceding two school years and containing: | 
      
        |  | (1)  a summary of school district compliance with the | 
      
        |  | student/teacher ratios and class-size limitations prescribed by | 
      
        |  | Sections 25.111 and 25.112, including: | 
      
        |  | (A)  the number of campuses and classes at each | 
      
        |  | campus granted an exception from Section 25.112; and | 
      
        |  | (B)  for each campus granted an exception from | 
      
        |  | Section 25.112, a statement of whether the campus has been awarded a | 
      
        |  | distinction designation under Subchapter G or has been identified | 
      
        |  | as an unacceptable campus under Chapter 39A [ Subchapter E]; | 
      
        |  | (2)  a summary of the exemptions and waivers granted to | 
      
        |  | campuses and school districts under Section 7.056 or 39.232 and a | 
      
        |  | review of the effectiveness of each campus or district following | 
      
        |  | deregulation; | 
      
        |  | (3)  an evaluation of the performance of the system of | 
      
        |  | regional education service centers based on the indicators adopted | 
      
        |  | under Section 8.101 and client satisfaction with services provided | 
      
        |  | under Subchapter B, Chapter 8; | 
      
        |  | (4)  an evaluation of accelerated instruction programs | 
      
        |  | offered under Section 28.006, including an assessment of the | 
      
        |  | quality of such programs and the performance of students enrolled | 
      
        |  | in such programs; and | 
      
        |  | (5)  the number of classes at each campus that are | 
      
        |  | currently being taught by individuals who are not certified in the | 
      
        |  | content areas of their respective classes. | 
      
        |  | (28)  Section 39.361, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 39.361.  NOTICE IN STUDENT GRADE REPORT.  The first | 
      
        |  | written notice of a student's performance that a school district | 
      
        |  | gives during a school year as required by Section 28.022(a)(2) must | 
      
        |  | include: | 
      
        |  | (1)  a statement of whether the campus at which the | 
      
        |  | student is enrolled has been awarded a distinction designation | 
      
        |  | under Subchapter G or has been identified as an unacceptable campus | 
      
        |  | under Chapter 39A [ Subchapter E]; and | 
      
        |  | (2)  an explanation of the significance of the | 
      
        |  | information provided under Subdivision (1). | 
      
        |  | (29)  Section 44.0011, Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 44.0011.  FISCAL YEAR.  The fiscal year of a school | 
      
        |  | district begins on July 1 or September 1 of each year, as determined | 
      
        |  | by the board of trustees of the district.  The commissioner may | 
      
        |  | adopt rules concerning the submission of information by a district | 
      
        |  | under Chapter 39, 39A, or 42 based on the fiscal year of the | 
      
        |  | district. | 
      
        |  | (30)  Section 45.261(d), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (d)  If a school district fails to comply with the | 
      
        |  | commissioner's order under Subsection (c), the commissioner may | 
      
        |  | impose any sanction on the district authorized to be imposed on a | 
      
        |  | district under Chapter 39A [ Subchapter E, Chapter 39], including | 
      
        |  | appointment of a board of managers or annexation to another | 
      
        |  | district, regardless of the district's accreditation status or the | 
      
        |  | duration of a particular accreditation status. | 
      
        |  | (31)  Section 51.751(b), Education Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  The center shall examine the efficiency of the public | 
      
        |  | school system and the effectiveness of instructional methods and | 
      
        |  | curricular programs and promote the use of successful methods and | 
      
        |  | programs.  The center shall monitor and evaluate the implementation | 
      
        |  | of the accountability system under Chapters [ Chapter] 39 and 39A | 
      
        |  | and provide annual progress reports to the governor, Legislative | 
      
        |  | Budget Board, and commissioner of education. | 
      
        |  | (32)  Section 302.006(c), Labor Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (c)  To be eligible to receive a scholarship awarded under | 
      
        |  | this section, a person must: | 
      
        |  | (1)  be employed in a child-care facility, as defined | 
      
        |  | by Section 42.002, Human Resources Code; | 
      
        |  | (2)  intend to obtain a credential, certificate, or | 
      
        |  | degree specified in Subsection (b); | 
      
        |  | (3)  agree to work for at least 18 additional months in | 
      
        |  | a child-care facility, as defined by Section 42.002, Human | 
      
        |  | Resources Code, that accepts federal Child Care and Development | 
      
        |  | Fund subsidies and that, at the time the person begins to fulfill | 
      
        |  | the work requirement imposed by this subdivision, is located: | 
      
        |  | (A)  within the attendance zone of a public school | 
      
        |  | campus considered low-performing under Chapter 39A [ Subchapter E,  | 
      
        |  | Chapter 39], Education Code; or | 
      
        |  | (B)  in an economically disadvantaged community, | 
      
        |  | as determined by the commission; and | 
      
        |  | (4)  satisfy any other requirements adopted by the | 
      
        |  | commission. | 
      
        |  | ARTICLE 22.  CHANGES RELATING TO THE ESTATES CODE AND CODIFICATION | 
      
        |  | OF THE TEXAS PROBATE CODE | 
      
        |  | SECTION 22.001.  Section 21.751(4), Business Organizations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (4)  "Shareholder" means a record or beneficial owner | 
      
        |  | of shares in a close corporation, including: | 
      
        |  | (A)  a person holding a beneficial interest in the | 
      
        |  | shares under an inter vivos, testamentary, or voting trust; or | 
      
        |  | (B)  the personal representative, as defined by | 
      
        |  | the Estates [ Texas Probate] Code, of a record or beneficial owner. | 
      
        |  | SECTION 22.002.  Section 64.034(b), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (b)  A receiver appointed for a missing person under Section | 
      
        |  | 64.001(d) who has on hand an amount of money belonging to the | 
      
        |  | missing person in excess of the amount needed for current | 
      
        |  | necessities and expenses may, on order of the court, invest, lend, | 
      
        |  | or contribute all or a part of the excess amount in the manner | 
      
        |  | provided by Chapter 1161, Estates [ Subpart L, Part 4, Chapter XIII,  | 
      
        |  | Texas Probate] Code, for investments, loans, or contributions by | 
      
        |  | guardians.  The receiver shall report to the court all transactions | 
      
        |  | involving the excess amount in the manner that reports are required | 
      
        |  | of guardians. | 
      
        |  | SECTION 22.003.  Section 64.102(a), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (a)  The court shall appoint an attorney ad litem to | 
      
        |  | represent the interests of a missing person at a proceeding to | 
      
        |  | appoint a receiver for the missing person under Section 64.001(d). | 
      
        |  | To be eligible for appointment as an attorney ad litem under this | 
      
        |  | subsection, a person must be certified in the same manner and to the | 
      
        |  | same extent as a person who is appointed as an attorney ad litem for | 
      
        |  | a proposed ward under Section 1054.001, Estates [ 646, Texas  | 
      
        |  | Probate] Code. | 
      
        |  | SECTION 22.004.  Section 64.105(c), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (c)  For official services rendered, the receiver is | 
      
        |  | entitled to be compensated in the same manner and amount as is | 
      
        |  | provided by Title 3, Estates [ Chapter XIII, Texas Probate] Code, | 
      
        |  | for similar services rendered by guardians of estates. | 
      
        |  | SECTION 22.005.  Section 71.012, Civil Practice and Remedies | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 71.012.  QUALIFICATION OF FOREIGN PERSONAL | 
      
        |  | REPRESENTATIVE.  If the executor or administrator of the estate of a | 
      
        |  | nonresident individual is the plaintiff in an action under this | 
      
        |  | subchapter, the foreign personal representative of the estate who | 
      
        |  | has complied with the requirements of Section 95, Texas Probate | 
      
        |  | Code, for the probate of a foreign will is not required to apply for | 
      
        |  | ancillary letters testamentary under Section 501.006, Estates | 
      
        |  | [ 105, Texas Probate] Code, to bring and prosecute the action. | 
      
        |  | SECTION 22.006.  Section 71.022, Civil Practice and Remedies | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 71.022.  QUALIFICATION OF FOREIGN PERSONAL | 
      
        |  | REPRESENTATIVE.  If the executor or administrator of the estate of a | 
      
        |  | nonresident individual is the plaintiff in an action under this | 
      
        |  | subchapter, the foreign personal representative of the estate who | 
      
        |  | has complied with the requirements of Section 95, Texas Probate | 
      
        |  | Code, for the probate of a foreign will is not required to apply for | 
      
        |  | ancillary letters testamentary under Section 501.006, Estates | 
      
        |  | [ 105, Texas Probate] Code, to bring and prosecute the action. | 
      
        |  | SECTION 22.007.  Section 102.002(e), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (e)  A local government that does not give a bond under | 
      
        |  | Section 1105.101(b), Estates [ 702(b), Texas Probate] Code, shall | 
      
        |  | pay damages awarded against an employee of the local government | 
      
        |  | arising from a cause of action described by Subsection (c) if the | 
      
        |  | liability results from the employee's appointment as guardian of | 
      
        |  | the person or estate of a ward under the Estates [ Texas Probate] | 
      
        |  | Code and the action or omission for which the employee was found | 
      
        |  | liable was in the course and scope of the person's employment with | 
      
        |  | the local government. | 
      
        |  | SECTION 22.008.  Section 102.003, Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | Sec. 102.003.  MAXIMUM PAYMENTS.  Payments under this | 
      
        |  | chapter by a local government may not exceed: | 
      
        |  | (1)  $100,000 to any one person or $300,000 for any | 
      
        |  | single occurrence in the case of personal injury or death; or | 
      
        |  | (2)  $10,000 for a single occurrence of property | 
      
        |  | damage, unless the local government is liable in the local | 
      
        |  | government's capacity as guardian under the Estates [ Texas Probate] | 
      
        |  | Code and does not give a bond under Section 1105.101(b), Estates | 
      
        |  | [ 702(b), Texas Probate] Code, in which event payments may not | 
      
        |  | exceed the amount of the actual property damages. | 
      
        |  | SECTION 22.009.  Section 137.001(6), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (6)  "Incapacitated" means that, in the opinion of the | 
      
        |  | court in a guardianship proceeding under Title 3, Estates [ Chapter  | 
      
        |  | XIII, Texas Probate] Code, or in a medication hearing under Section | 
      
        |  | 574.106, Health and Safety Code, a person lacks the ability to | 
      
        |  | understand the nature and consequences of a proposed treatment, | 
      
        |  | including the benefits, risks, and alternatives to the proposed | 
      
        |  | treatment, and lacks the ability to make mental health treatment | 
      
        |  | decisions because of impairment. | 
      
        |  | SECTION 22.010.  Section 137.009(a), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (a)  Mental health treatment instructions contained in a | 
      
        |  | declaration executed in accordance with this chapter supersede any | 
      
        |  | contrary or conflicting instructions given by: | 
      
        |  | (1)  a medical [ durable] power of attorney under | 
      
        |  | Subchapter D, Chapter 166, Health and Safety Code [ 135]; or | 
      
        |  | (2)  a guardian appointed under Title 3, Estates | 
      
        |  | [ Chapter XIII, Texas Probate] Code, after the execution of the | 
      
        |  | declaration. | 
      
        |  | SECTION 22.011.  Section 139.001(2), Civil Practice and | 
      
        |  | Remedies Code, is amended to read as follows: | 
      
        |  | (2)  "Incapacitated person" has the meaning assigned by | 
      
        |  | Section 1002.017, Estates [ 601, Texas Probate] Code. | 
      
        |  | SECTION 22.012.  Section 16.001(b), Election Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Each month the clerk of each court having probate | 
      
        |  | jurisdiction shall prepare an abstract of each application for | 
      
        |  | probate of a will, administration of a decedent's estate, or | 
      
        |  | determination of heirship, and each affidavit under Chapter 205, | 
      
        |  | Estates [ Section 137, Texas Probate] Code, that is filed in the | 
      
        |  | month with a court served by the clerk.  The clerk shall file each | 
      
        |  | abstract with the voter registrar and the secretary of state not | 
      
        |  | later than the 10th day of the month following the month in which | 
      
        |  | the abstract is prepared. | 
      
        |  | SECTION 22.013.  Section 3.406(b), Family Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  On the death of a spouse, a court may, on application for | 
      
        |  | a claim for reimbursement brought by the surviving spouse, the | 
      
        |  | personal representative of the estate of the deceased spouse, or | 
      
        |  | any other person interested in the estate, as defined by Chapter 22, | 
      
        |  | Estates [ Section 3, Texas Probate] Code, impose an equitable lien | 
      
        |  | on the property of a benefited marital estate to secure a claim for | 
      
        |  | reimbursement against that property by a contributing marital | 
      
        |  | estate. | 
      
        |  | SECTION 22.014.  Section 5.002, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 5.002.  SALE OF SEPARATE HOMESTEAD AFTER SPOUSE | 
      
        |  | JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the | 
      
        |  | separate property of a spouse and the other spouse has been | 
      
        |  | judicially declared incapacitated by a court exercising original | 
      
        |  | jurisdiction over guardianship and other matters under Title 3, | 
      
        |  | Estates [ Chapter XIII, Texas Probate] Code, the owner may sell, | 
      
        |  | convey, or encumber the homestead without the joinder of the other | 
      
        |  | spouse. | 
      
        |  | SECTION 22.015.  Section 5.003, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 5.003.  SALE OF COMMUNITY HOMESTEAD AFTER SPOUSE | 
      
        |  | JUDICIALLY DECLARED INCAPACITATED.  If the homestead is the | 
      
        |  | community property of the spouses and one spouse has been | 
      
        |  | judicially declared incapacitated by a court exercising original | 
      
        |  | jurisdiction over guardianship and other matters under Title 3, | 
      
        |  | Estates [ Chapter XIII, Texas Probate] Code, the competent spouse | 
      
        |  | may sell, convey, or encumber the homestead without the joinder of | 
      
        |  | the other spouse. | 
      
        |  | SECTION 22.016.  Section 6.111, Family Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 6.111.  DEATH OF PARTY TO VOIDABLE MARRIAGE.  Except as | 
      
        |  | provided by Subchapter C, Chapter 123, Estates [ Section 47A, Texas  | 
      
        |  | Probate] Code, a marriage subject to annulment may not be | 
      
        |  | challenged in a proceeding instituted after the death of either | 
      
        |  | party to the marriage. | 
      
        |  | SECTION 22.017.  Sections 34.008(a) and (c), Family Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  Except as provided by Subsection (b), an authorization | 
      
        |  | agreement under this chapter terminates if, after the execution of | 
      
        |  | the authorization agreement, a court enters an order: | 
      
        |  | (1)  affecting the parent-child relationship; | 
      
        |  | (2)  concerning custody, possession, or placement of | 
      
        |  | the child; | 
      
        |  | (3)  concerning access to or visitation with the child; | 
      
        |  | or | 
      
        |  | (4)  regarding the appointment of a guardian for the | 
      
        |  | child under Subchapter B, Chapter 1104, Estates [ Section 676, Texas  | 
      
        |  | Probate] Code. | 
      
        |  | (c)  An authorization agreement under this chapter | 
      
        |  | terminates on written revocation by a party to the authorization | 
      
        |  | agreement if the party: | 
      
        |  | (1)  gives each party written notice of the revocation; | 
      
        |  | (2)  files the written revocation with the clerk of the | 
      
        |  | county in which: | 
      
        |  | (A)  the child resides; | 
      
        |  | (B)  the child resided at the time the | 
      
        |  | authorization agreement was executed; or | 
      
        |  | (C)  the relative resides; and | 
      
        |  | (3)  files the written revocation with the clerk of | 
      
        |  | each court: | 
      
        |  | (A)  that has continuing, exclusive jurisdiction | 
      
        |  | over the child; | 
      
        |  | (B)  in which there is a court order or pending | 
      
        |  | suit affecting the parent-child relationship concerning the child; | 
      
        |  | (C)  in which there is pending litigation | 
      
        |  | concerning: | 
      
        |  | (i)  custody, possession, or placement of | 
      
        |  | the child; or | 
      
        |  | (ii)  access to or visitation with the | 
      
        |  | child; or | 
      
        |  | (D)  that has entered an order regarding the | 
      
        |  | appointment of a guardian for the child under Subchapter B, Chapter | 
      
        |  | 1104, Estates [ Section 676, Texas Probate] Code. | 
      
        |  | SECTION 22.018.  Sections 154.013(b) and (c), Family Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (b)  Notwithstanding any provision of the Estates [ Probate] | 
      
        |  | Code, a child support payment held by the Title IV-D agency, a local | 
      
        |  | registry, or the state disbursement unit or any uncashed check or | 
      
        |  | warrant representing a child support payment made before, on, or | 
      
        |  | after the date of death of the obligee shall be paid proportionately | 
      
        |  | for the benefit of each surviving child named in the support order | 
      
        |  | and not to the estate of the obligee.  The payment is free of any | 
      
        |  | creditor's claim against the deceased obligee's estate and may be | 
      
        |  | disbursed as provided by Subsection (c). | 
      
        |  | (c)  On the death of the obligee, current child support owed | 
      
        |  | by the obligor for the benefit of the child or any amount described | 
      
        |  | by Subsection (b) shall be paid to: | 
      
        |  | (1)  a person, other than a parent, who is appointed as | 
      
        |  | managing conservator of the child; | 
      
        |  | (2)  a person, including the obligor, who has assumed | 
      
        |  | actual care, control, and possession of the child, if a managing | 
      
        |  | conservator or guardian of the child has not been appointed; | 
      
        |  | (3)  the county clerk, as provided by Chapter 1355, | 
      
        |  | Estates [ Section 887, Texas Probate] Code, in the name of and for | 
      
        |  | the account of the child for whom the support is owed; | 
      
        |  | (4)  a guardian of the child appointed under Title 3, | 
      
        |  | Estates [ Chapter XIII, Texas Probate] Code, as provided by that | 
      
        |  | code; or | 
      
        |  | (5)  the surviving child, if the child is an adult or | 
      
        |  | has otherwise had the disabilities of minority removed. | 
      
        |  | SECTION 22.019.  Sections 154.015(a) and (e), Family Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  In this section, "estate" has the meaning assigned by | 
      
        |  | Chapter 22, Estates [ Section 3, Texas Probate] Code. | 
      
        |  | (e)  The obligee has a claim, on behalf of the child, against | 
      
        |  | the deceased obligor's estate for the unpaid child support | 
      
        |  | obligation determined under Subsection (c).  The obligee may | 
      
        |  | present the claim in the manner provided by the Estates [ Texas  | 
      
        |  | Probate] Code. | 
      
        |  | SECTION 22.020.  Sections 263.603(a) and (b), Family Code, | 
      
        |  | are amended to read as follows: | 
      
        |  | (a)  Notwithstanding Section 263.6021, if the court believes | 
      
        |  | that a young adult may be incapacitated as defined by Section | 
      
        |  | 1002.017(2), Estates [ 601(14)(B), Texas Probate] Code, the court | 
      
        |  | may extend its jurisdiction on its own motion without the young | 
      
        |  | adult's consent to allow the department to refer the young adult to | 
      
        |  | the Department of Aging and Disability Services for guardianship | 
      
        |  | services as required by Section 48.209, Human Resources Code. | 
      
        |  | (b)  The extended jurisdiction of the court under this | 
      
        |  | section terminates on the earliest of the date: | 
      
        |  | (1)  the Department of Aging and Disability Services | 
      
        |  | determines a guardianship is not appropriate under Chapter 161, | 
      
        |  | Human Resources Code; | 
      
        |  | (2)  a court with probate jurisdiction denies the | 
      
        |  | application to appoint a guardian; or | 
      
        |  | (3)  a guardian is appointed and qualifies under the | 
      
        |  | Estates [ Texas Probate] Code. | 
      
        |  | SECTION 22.021.  Sections 21.009(2) and (4), Government | 
      
        |  | Code, are amended to read as follows: | 
      
        |  | (2)  "Statutory county court" means a county court | 
      
        |  | created by the legislature under Article V, Section 1, of the Texas | 
      
        |  | Constitution, including county courts at law, county criminal | 
      
        |  | courts, county criminal courts of appeals, and county civil courts | 
      
        |  | at law, but does not include statutory probate courts as defined by | 
      
        |  | Chapter 22, Estates [ Section 3, Texas Probate] Code. | 
      
        |  | (4)  "Statutory probate court" has the meaning assigned | 
      
        |  | by Chapter 22, Estates [ Section 3, Texas Probate] Code. | 
      
        |  | SECTION 22.022.  Section 25.0003(f), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (f)  A statutory county court does not have the jurisdiction | 
      
        |  | of a statutory probate court granted statutory probate courts by | 
      
        |  | the Estates [ Texas Probate] Code. | 
      
        |  | SECTION 22.023.  Section 25.0021(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A statutory probate court as that term is defined in | 
      
        |  | Section 22.007(c), Estates [ 3(ii), Texas Probate] Code, has: | 
      
        |  | (1)  the general jurisdiction of a probate court as | 
      
        |  | provided by the Estates [ Texas Probate] Code; and | 
      
        |  | (2)  the jurisdiction provided by law for a county | 
      
        |  | court to hear and determine actions, cases, matters, or proceedings | 
      
        |  | instituted under: | 
      
        |  | (A)  Section 166.046, 192.027, 193.007, 552.015, | 
      
        |  | 552.019, 711.004, or 714.003, Health and Safety Code; | 
      
        |  | (B)  Chapter 462, Health and Safety Code; or | 
      
        |  | (C)  Subtitle C or D, Title 7, Health and Safety | 
      
        |  | Code. | 
      
        |  | SECTION 22.024.  Sections 25.0022(a) and (i), Government | 
      
        |  | Code, are amended to read as follows: | 
      
        |  | (a)  "Statutory probate court" has the meaning assigned by | 
      
        |  | Chapter 22, Estates [ Section 3, Texas Probate] Code. | 
      
        |  | (i)  A judge assigned under this section has the | 
      
        |  | jurisdiction, powers, and duties given by Sections 32.001, 32.002, | 
      
        |  | 32.003, 32.005, 32.006, 32.007, 34.001, 1022.001, 1022.002, | 
      
        |  | 1022.003, 1022.005, 1022.006, and 1022.007, Estates [ 4A, 4C, 4D,  | 
      
        |  | 4F, 4G, 4H, 5B, 605, 607A, 607B, 607D, 607E, and 608, Texas Probate] | 
      
        |  | Code, to statutory probate court judges by general law. | 
      
        |  | SECTION 22.025.  Section 25.00222(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  If the judge of a statutory probate court that has | 
      
        |  | jurisdiction over a cause of action appertaining to or incident to | 
      
        |  | an estate pending in the statutory probate court determines that | 
      
        |  | the court no longer has jurisdiction over the cause of action, the | 
      
        |  | judge may transfer that cause of action to: | 
      
        |  | (1)  a district court, county court, statutory county | 
      
        |  | court, or justice court located in the same county that has | 
      
        |  | jurisdiction over the cause of action that is transferred; or | 
      
        |  | (2)  the court from which the cause of action was | 
      
        |  | transferred to the statutory probate court under Section 34.001 | 
      
        |  | [ 5B] or 1022.007, Estates [608, Texas Probate] Code. | 
      
        |  | SECTION 22.026.  Section 25.0202(a), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  In addition to the jurisdiction provided by Section | 
      
        |  | 25.0003 and other law, a county court at law in Bosque County has | 
      
        |  | concurrent jurisdiction with the district court in: | 
      
        |  | (1)  family law cases and proceedings; | 
      
        |  | (2)  civil cases in which the matter in controversy | 
      
        |  | exceeds $500 but does not exceed $200,000, excluding interest, | 
      
        |  | court costs, and attorney's fees; and | 
      
        |  | (3)  contested probate matters under Section 32.003, | 
      
        |  | Estates [ 4D, Texas Probate] Code. | 
      
        |  | SECTION 22.027.  Section 25.1132(c), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  A county court at law in Hood County has concurrent | 
      
        |  | jurisdiction with the district court in: | 
      
        |  | (1)  civil cases in which the matter in controversy | 
      
        |  | exceeds $500 but does not exceed $250,000, excluding interest; | 
      
        |  | (2)  family law cases and related proceedings; | 
      
        |  | (3)  contested probate matters under Section | 
      
        |  | 32.003(a), Estates [ 4D(a), Texas Probate] Code; and | 
      
        |  | (4)  contested matters in guardianship proceedings | 
      
        |  | under Section 1022.003(a), Estates [ 607B(a), Texas Probate] Code. | 
      
        |  | SECTION 22.028.  Section 25.1863(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A county court at law has concurrent jurisdiction with | 
      
        |  | the district court over contested probate matters.  Notwithstanding | 
      
        |  | the requirement in Section 32.003(a), Estates [ 4D(a), Texas  | 
      
        |  | Probate] Code, that the judge of the constitutional county court | 
      
        |  | transfer a contested probate proceeding to the district court, the | 
      
        |  | judge of the constitutional county court shall transfer the | 
      
        |  | proceeding under that section to either a county court at law in | 
      
        |  | Parker County or a district court in Parker County.  A county court | 
      
        |  | at law has the jurisdiction, powers, and duties that a district | 
      
        |  | court has under Section 32.003(a), Estates [ 4D(a), Texas Probate] | 
      
        |  | Code, for the transferred proceeding, and the county clerk acts as | 
      
        |  | clerk for the proceeding.  The contested proceeding may be | 
      
        |  | transferred between a county court at law in Parker County and a | 
      
        |  | district court in Parker County as provided by local rules of | 
      
        |  | administration. | 
      
        |  | SECTION 22.029.  Sections 25.2452(a) and (d), Government | 
      
        |  | Code, are amended to read as follows: | 
      
        |  | (a)  In addition to the jurisdiction provided by Section | 
      
        |  | 25.0003 and other law, including the general jurisdiction provided | 
      
        |  | for a county court at law by the Estates [ Texas Probate] Code, a | 
      
        |  | county court at law in Wichita County has concurrent jurisdiction | 
      
        |  | with the county court in: | 
      
        |  | (1)  appeals from municipal courts of record in Wichita | 
      
        |  | County as provided by Subchapter H [ D], Chapter 30; | 
      
        |  | (2)  misdemeanor cases; and | 
      
        |  | (3)  probate and mental health matters. | 
      
        |  | (d)  A county court at law does not have jurisdiction of: | 
      
        |  | (1)  a case under: | 
      
        |  | (A)  the Alcoholic Beverage Code; | 
      
        |  | (B)  the Election Code; or | 
      
        |  | (C)  the Tax Code; | 
      
        |  | (2)  a matter over which the district court has | 
      
        |  | exclusive jurisdiction; or | 
      
        |  | (3)  a civil case, other than a case under the Family | 
      
        |  | Code or the Estates [ Texas Probate] Code, in which the amount in | 
      
        |  | controversy is: | 
      
        |  | (A)  less than the maximum amount in controversy | 
      
        |  | allowed the justice court in Wichita County; or | 
      
        |  | (B)  more than $200,000, exclusive of punitive or | 
      
        |  | exemplary damages, penalties, interest, costs, and attorney's | 
      
        |  | fees. | 
      
        |  | SECTION 22.030.  Section 54A.201, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 54A.201.  DEFINITION.  In this subchapter, "statutory | 
      
        |  | probate court" has the meaning assigned by Chapter 22, Estates | 
      
        |  | [ Section 3, Texas Probate] Code. | 
      
        |  | SECTION 22.031.  Sections 155.001(2), (3), (5), and (7), | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (2)  "Corporate fiduciary" has the meaning assigned by | 
      
        |  | Chapter 1002, Estates [ Section 601, Texas Probate] Code. | 
      
        |  | (3)  "Guardian" has the meaning assigned by Chapter | 
      
        |  | 1002, Estates [ Section 601, Texas Probate] Code. | 
      
        |  | (5)  "Incapacitated person" has the meaning assigned by | 
      
        |  | Chapter 1002, Estates  [ Section 601, Texas Probate] Code. | 
      
        |  | (7)  "Ward" has the meaning assigned by Chapter 1002, | 
      
        |  | Estates [ Section 601, Texas Probate] Code. | 
      
        |  | SECTION 22.032.  Section 155.104, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 155.104.  INFORMATION FROM PRIVATE PROFESSIONAL | 
      
        |  | GUARDIANS.  In addition to the information submitted under Section | 
      
        |  | 1104.306, Estates [ 697(e), Texas Probate] Code, the director may | 
      
        |  | require a private professional guardian or a person who represents | 
      
        |  | or plans to represent the interests of a ward as a guardian on | 
      
        |  | behalf of the private professional guardian to submit information | 
      
        |  | considered necessary to monitor the person's compliance with the | 
      
        |  | applicable standards adopted under Section 155.101 or with the | 
      
        |  | certification requirements of Section 155.102. | 
      
        |  | SECTION 22.033.  Section 155.105(c), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  A private professional guardian shall submit with the | 
      
        |  | report required under Subsection (b) a copy of the guardian's | 
      
        |  | application for a certificate of registration required by Section | 
      
        |  | 1104.302, Estates [ 697(a), Texas Probate] Code. | 
      
        |  | SECTION 22.034.  Section 411.052(a), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  In this section, "federal prohibited person | 
      
        |  | information" means information that identifies an individual as: | 
      
        |  | (1)  a person ordered by a court to receive inpatient | 
      
        |  | mental health services under Chapter 574, Health and Safety Code; | 
      
        |  | (2)  a person acquitted in a criminal case by reason of | 
      
        |  | insanity or lack of mental responsibility, regardless of whether | 
      
        |  | the person is ordered by a court to receive inpatient treatment or | 
      
        |  | residential care under Chapter 46C, Code of Criminal Procedure; | 
      
        |  | (3)  a person determined to have mental retardation and | 
      
        |  | committed by a court for long-term placement in a residential care | 
      
        |  | facility under Chapter 593, Health and Safety Code; | 
      
        |  | (4)  an incapacitated adult individual for whom a court | 
      
        |  | has appointed a guardian of the individual under Title 3, Estates | 
      
        |  | [ Chapter XIII, Probate] Code, based on the determination that the | 
      
        |  | person lacks the mental capacity to manage the person's affairs; or | 
      
        |  | (5)  a person determined to be incompetent to stand | 
      
        |  | trial under Chapter 46B, Code of Criminal Procedure. | 
      
        |  | SECTION 22.035.  Section 411.0521(a), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The clerk of the court shall prepare and forward to the | 
      
        |  | department the information described by Subsection (b) not later | 
      
        |  | than the 30th day after the date the court: | 
      
        |  | (1)  orders a person to receive inpatient mental health | 
      
        |  | services under Chapter 574, Health and Safety Code; | 
      
        |  | (2)  acquits a person in a criminal case by reason of | 
      
        |  | insanity or lack of mental responsibility, regardless of whether | 
      
        |  | the person is ordered to receive inpatient treatment or residential | 
      
        |  | care under Chapter 46C, Code of Criminal Procedure; | 
      
        |  | (3)  commits a person determined to have mental | 
      
        |  | retardation for long-term placement in a residential care facility | 
      
        |  | under Chapter 593, Health and Safety Code; | 
      
        |  | (4)  appoints a guardian of the incapacitated adult | 
      
        |  | individual under Title 3, Estates [ Chapter XIII, Probate] Code, | 
      
        |  | based on the determination that the person lacks the mental | 
      
        |  | capacity to manage the person's affairs; | 
      
        |  | (5)  determines a person is incompetent to stand trial | 
      
        |  | under Chapter 46B, Code of Criminal Procedure; or | 
      
        |  | (6)  finds a person is entitled to relief from | 
      
        |  | disabilities under Section 574.088, Health and Safety Code. | 
      
        |  | SECTION 22.036.  Section 411.114(a)(1)(E), Government Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (E)  "Ward" has the meaning assigned by Chapter | 
      
        |  | 1002, Estates [ Section 601, Texas Probate] Code. | 
      
        |  | SECTION 22.037.  Section 411.1386(d), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  The criminal history record information obtained under | 
      
        |  | Subsection (a-4) is for the exclusive use of the court or | 
      
        |  | guardianship certification program of the Judicial Branch | 
      
        |  | Certification Commission, as appropriate, and is privileged and | 
      
        |  | confidential.  The information may not be released or otherwise | 
      
        |  | disclosed to any person or agency except on court order, with the | 
      
        |  | consent of the person being investigated, or as authorized by | 
      
        |  | Subsection (a-6) or Section 1104.404, Estates [ 698(a-6), Texas  | 
      
        |  | Probate] Code.  The county clerk or guardianship certification | 
      
        |  | program of the Judicial Branch Certification Commission may destroy | 
      
        |  | the criminal history record information after the information is | 
      
        |  | used for the purposes authorized by this section. | 
      
        |  | SECTION 22.038.  Section 420.0735(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  For purposes of Subsection (a)(1), a written consent | 
      
        |  | signed by an incapacitated person, as that term is defined by | 
      
        |  | Chapter 1002, Estates [ Section 601, Texas Probate] Code, is | 
      
        |  | effective regardless of whether the incapacitated person's | 
      
        |  | guardian, guardian ad litem, or other legal agent signs the | 
      
        |  | release.  If the incapacitated person is unable to provide a | 
      
        |  | signature and the guardian, guardian ad litem, or other legal agent | 
      
        |  | is unavailable to sign the release, then the investigating law | 
      
        |  | enforcement officer may sign the release. | 
      
        |  | SECTION 22.039.  Section 501.014(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  If an inmate with money in an account established under | 
      
        |  | Subsection (a) dies while confined in a facility operated by or | 
      
        |  | under contract with the department, the department shall attempt to | 
      
        |  | give notice of the account to a beneficiary or known relative of the | 
      
        |  | deceased inmate.  On the presentation of a notarized claim to the | 
      
        |  | department for the money by a person entitled to the notice, the | 
      
        |  | department may pay any amount not exceeding $2,500 of the deceased | 
      
        |  | inmate's money held by the department to the claimant.  A claim for | 
      
        |  | money in excess of $2,500 must be made under Chapter 205, Estates | 
      
        |  | [ Section 137, Probate] Code, or another law, as applicable.  The | 
      
        |  | department is not liable for making a payment or failing to make a | 
      
        |  | payment under this subsection. | 
      
        |  | SECTION 22.040.  Section 552.140(c), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  On request and the presentation of proper | 
      
        |  | identification, the following persons may inspect the military | 
      
        |  | discharge record or obtain from the governmental body free of | 
      
        |  | charge a copy or certified copy of the record: | 
      
        |  | (1)  the veteran who is the subject of the record; | 
      
        |  | (2)  the legal guardian of the veteran; | 
      
        |  | (3)  the spouse or a child or parent of the veteran or, | 
      
        |  | if there is no living spouse, child, or parent, the nearest living | 
      
        |  | relative of the veteran; | 
      
        |  | (4)  the personal representative of the estate of the | 
      
        |  | veteran; | 
      
        |  | (5)  the person named by the veteran, or by a person | 
      
        |  | described by Subdivision (2), (3), or (4), in an appropriate power | 
      
        |  | of attorney executed in accordance with Subchapters A and B, | 
      
        |  | Chapter 752, Estates [ Section 490, Chapter XII, Texas Probate] | 
      
        |  | Code; | 
      
        |  | (6)  another governmental body; or | 
      
        |  | (7)  an authorized representative of the funeral home | 
      
        |  | that assists with the burial of the veteran. | 
      
        |  | SECTION 22.041.  Section 825.508(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  The system must honor a power of attorney executed in | 
      
        |  | accordance with Subchapters A and B, Chapter 752, Estates [ XII,  | 
      
        |  | Section 490, Texas Probate] Code. | 
      
        |  | SECTION 22.042.  Section 841.008(c), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (c)  If requested by the person entitled to the benefit or | 
      
        |  | the guardian, attorney in fact, or trustee of the person, the | 
      
        |  | director may, if the director determines that it is in the best | 
      
        |  | interest of the person entitled to the benefit, make payments | 
      
        |  | directly to the trustee of: | 
      
        |  | (1)  a trust described by Subchapter B, Chapter 1301, | 
      
        |  | Estates [ Section 867, Texas Probate] Code, that has been created | 
      
        |  | for the management of guardianship funds for the benefit of the | 
      
        |  | person; or | 
      
        |  | (2)  a trust described by 42 U.S.C. Section | 
      
        |  | 1396p(d)(4)(A), (B), or (C) that has been established to qualify | 
      
        |  | the person for benefits or other assistance under a state or federal | 
      
        |  | program or to supplement the benefits or other assistance provided | 
      
        |  | under the program. | 
      
        |  | SECTION 22.043.  Sections 844.408(a), (b), and (c), | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (a)  In this section "heirs" has the meaning assigned by | 
      
        |  | Chapter 22, Estates [ Section 3, Texas Probate] Code, except that | 
      
        |  | the term excludes any person who has filed a proper disclaimer or | 
      
        |  | renunciation with the retirement system. | 
      
        |  | (b)  If the administrator of a deceased member's estate would | 
      
        |  | be entitled to a refund or an annuity because of the death of the | 
      
        |  | member, the heirs of the deceased member may apply for and receive | 
      
        |  | the benefit if: | 
      
        |  | (1)  no petition for the appointment of a personal | 
      
        |  | representative of the member is pending or has been granted; | 
      
        |  | (2)  30 days have elapsed since the date of death of the | 
      
        |  | member; | 
      
        |  | (3)  the value of the entire assets of the member's | 
      
        |  | probate estate, excluding homestead and exempt property, does not | 
      
        |  | exceed $50,000; and | 
      
        |  | (4)  on file with the retirement system is a certified | 
      
        |  | copy of a small estates affidavit that has been approved and filed | 
      
        |  | in accordance with Chapter 205, Estates [ Section 137, Texas  | 
      
        |  | Probate] Code, or an original affidavit described by Subsection | 
      
        |  | (c). | 
      
        |  | (c)  If no affidavit has been filed with the clerk of the | 
      
        |  | court having jurisdiction and venue as provided by Chapter 205, | 
      
        |  | Estates [ Section 137, Texas Probate] Code, the retirement system | 
      
        |  | may accept instead an affidavit sworn to by two disinterested | 
      
        |  | witnesses and by those heirs who have legal capacity and, if the | 
      
        |  | facts warrant, by the natural guardian or next of kin of any minor | 
      
        |  | or incompetent who is also an heir.  The affidavit must include the | 
      
        |  | names and addresses of the heirs and witnesses, establish the facts | 
      
        |  | listed in Subsection (b), include a list of the assets and | 
      
        |  | liabilities of the estate, show the facts that constitute the basis | 
      
        |  | for the right of the heirs to receive the estate, and show the | 
      
        |  | fractional interests of the heirs in the estate as a result of those | 
      
        |  | facts. | 
      
        |  | SECTION 22.044.  Sections 854.106(a), (b), and (d), | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (a)  If a surviving spouse, or the executor or administrator | 
      
        |  | of a member's estate, would be entitled to make an election under | 
      
        |  | Section 854.105 because of the death of the member, the heirs of the | 
      
        |  | deceased member may make that election if: | 
      
        |  | (1)  no surviving spouse exists; | 
      
        |  | (2)  no petition for the appointment of a personal | 
      
        |  | representative of the member is pending or has been granted; | 
      
        |  | (3)  30 days have elapsed since the death of the member; | 
      
        |  | (4)  the value of the entire assets of the member's | 
      
        |  | estate, excluding homestead and exempt property, does not exceed | 
      
        |  | $50,000; | 
      
        |  | (5)  there are not more than three heirs; and | 
      
        |  | (6)  on file with the retirement system is a certified | 
      
        |  | copy of a small estates affidavit that has been approved and filed | 
      
        |  | in accordance with Chapter 205, Estates [ Section 137, Texas  | 
      
        |  | Probate] Code, or an original affidavit as described by Subsection | 
      
        |  | (b). | 
      
        |  | (b)  If no affidavit has been filed with the clerk of the | 
      
        |  | court having jurisdiction and venue as provided by Chapter 205, | 
      
        |  | Estates [ Section 137 of the Texas Probate] Code, the retirement | 
      
        |  | system may accept instead an affidavit sworn to by two | 
      
        |  | disinterested witnesses, by the heirs who have legal capacity, and, | 
      
        |  | if the facts warrant, by the natural guardian or next of kin of any | 
      
        |  | minor or incompetent who is also an heir.  The affidavit shall | 
      
        |  | include the names and addresses of the heirs and witnesses, | 
      
        |  | establish the facts listed in Subsection (a), include a list of the | 
      
        |  | assets and liabilities of the estate, show the facts that | 
      
        |  | constitute the basis for the right of the heirs to receive the | 
      
        |  | estate, and show the fractional interests of the heirs in the estate | 
      
        |  | as a result of those facts. | 
      
        |  | (d)  In this section, "heirs" has the meaning assigned by | 
      
        |  | Chapter 22, Estates [ Section 3, Texas Probate] Code, except that | 
      
        |  | the term excludes any persons who have filed with the retirement | 
      
        |  | system a proper disclaimer or renunciation. | 
      
        |  | SECTION 22.045.  Section 313.003(a), Health and Safety Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  This chapter does not apply to: | 
      
        |  | (1)  a decision to withhold or withdraw life-sustaining | 
      
        |  | treatment from qualified terminal or irreversible patients under | 
      
        |  | Subchapter B, Chapter 166; | 
      
        |  | (2)  a health care decision made under a medical power | 
      
        |  | of attorney under Subchapter D, Chapter 166, or under Subtitle P, | 
      
        |  | Title 2, Estates [ Chapter XII, Texas Probate] Code; | 
      
        |  | (3)  consent to medical treatment of minors under | 
      
        |  | Chapter 32, Family Code; | 
      
        |  | (4)  consent for emergency care under Chapter 773; | 
      
        |  | (5)  hospital patient transfers under Chapter 241; or | 
      
        |  | (6)  a patient's legal guardian who has the authority to | 
      
        |  | make a decision regarding the patient's medical treatment. | 
      
        |  | SECTION 22.046.  Section 313.004(f), Health and Safety Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (f)  A person who is an available adult surrogate, as | 
      
        |  | described by Subsection (a), may consent to medical treatment on | 
      
        |  | behalf of a patient who is an adult inmate of a county or municipal | 
      
        |  | jail only for a period that expires on the earlier of the 120th day | 
      
        |  | after the date the person agrees to act as an adult surrogate for | 
      
        |  | the patient or the date the inmate is released from jail.  At the | 
      
        |  | conclusion of the period, a successor surrogate may not be | 
      
        |  | appointed and only the patient or the patient's appointed guardian | 
      
        |  | of the person, if the patient is a ward under Title 3, Estates | 
      
        |  | [ Chapter XIII, Texas Probate] Code, may consent to medical | 
      
        |  | treatment. | 
      
        |  | SECTION 22.047.  Section 576.002(b), Health and Safety Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (b)  There is a rebuttable presumption that a person is | 
      
        |  | mentally competent unless a judicial finding to the contrary is | 
      
        |  | made under the Estates [ Texas Probate] Code. | 
      
        |  | SECTION 22.048.  Section 1104.004, Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 1104.004.  WRITTEN APPROVAL BY ADULT REQUIRED.  An | 
      
        |  | application or agreement made by a minor under this subchapter must | 
      
        |  | be signed or approved in writing by: | 
      
        |  | (1)  a parent, grandparent, or adult sibling of the | 
      
        |  | minor; or | 
      
        |  | (2)  if the minor does not have a parent, grandparent, | 
      
        |  | or adult sibling, an adult eligible under the Estates [ Texas  | 
      
        |  | Probate] Code to be appointed guardian of the estate of the minor. | 
      
        |  | SECTION 22.049.  Section 1551.004(a), Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  In this chapter, "dependent" with respect to an | 
      
        |  | individual eligible to participate in the group benefits program | 
      
        |  | means the individual's: | 
      
        |  | (1)  spouse; | 
      
        |  | (2)  unmarried child younger than 26 years of age; | 
      
        |  | (3)  child of any age who the board of trustees | 
      
        |  | determines lives with or has the child's care provided by the | 
      
        |  | individual on a regular basis if  the child is mentally or | 
      
        |  | physically incapacitated to the extent that the child is dependent | 
      
        |  | on the individual for care or support, as determined by the board of | 
      
        |  | trustees; | 
      
        |  | (4)  child of any age who is unmarried, for purposes of | 
      
        |  | health benefit coverage under this chapter, on expiration of the | 
      
        |  | child's continuation coverage under the Consolidated Omnibus | 
      
        |  | Budget Reconciliation Act of 1985 (Pub. L. No. 99-272) and its | 
      
        |  | subsequent amendments; and | 
      
        |  | (5)  ward, as that term is defined by Chapter 1002, | 
      
        |  | Estates [ Section 601, Texas Probate] Code, who is 26 years of age or | 
      
        |  | younger. | 
      
        |  | SECTION 22.050.  Sections 117.053(b) and (c), Local | 
      
        |  | Government Code, are amended to read as follows: | 
      
        |  | (b)  Except as provided by Subsection (a), a clerk may not | 
      
        |  | draw a check on special account funds held by a depository except to | 
      
        |  | pay a person entitled to the funds.  The payment must be made under | 
      
        |  | an order of the court of proper jurisdiction in which the funds were | 
      
        |  | deposited except that an appeal bond shall be paid without a written | 
      
        |  | order of the court on receipt of mandate or dismissal and funds | 
      
        |  | deposited under Chapter 1355, Estates [ Section 887, Texas Probate] | 
      
        |  | Code, may be paid without a written order of the court.  The clerk | 
      
        |  | shall place on the check the style and number of the proceeding in | 
      
        |  | which the money was deposited with the clerk. | 
      
        |  | (c)  The clerk shall transfer any registry funds into a | 
      
        |  | separate account when directed to by a written order of a court of | 
      
        |  | proper jurisdiction or when the clerk is required to under Chapter | 
      
        |  | 1355, Estates [ Section 887, Texas Probate] Code.  The clerk shall | 
      
        |  | transfer the funds into a separate account in: | 
      
        |  | (1)  interest-bearing deposits in a financial | 
      
        |  | institution doing business in this state that is insured by the | 
      
        |  | Federal Deposit Insurance Corporation; | 
      
        |  | (2)  United States treasury bills; | 
      
        |  | (3)  an eligible interlocal investment pool that meets | 
      
        |  | the requirements of Sections 2256.016, 2256.017, and 2256.019, | 
      
        |  | Government Code; or | 
      
        |  | (4)  a no-load money market mutual fund, if the fund: | 
      
        |  | (A)  is regulated by the Securities and Exchange | 
      
        |  | Commission; | 
      
        |  | (B)  has a dollar weighted average stated maturity | 
      
        |  | of 90 days or fewer; and | 
      
        |  | (C)  includes in its investment objectives the | 
      
        |  | maintenance of a stable net asset value of $1 for each share. | 
      
        |  | SECTION 22.051.  Section 117.125(b), Local Government Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (b)  A clerk shall transfer all money deposited in a registry | 
      
        |  | fund under Chapter 1355, Estates [ Section 887, Texas Probate] Code, | 
      
        |  | into a separate account. | 
      
        |  | SECTION 22.052.  Section 159.005(a), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Consent for the release of confidential information | 
      
        |  | must be in writing and signed by: | 
      
        |  | (1)  the patient; | 
      
        |  | (2)  a parent or legal guardian of the patient if the | 
      
        |  | patient is a minor; | 
      
        |  | (3)  a legal guardian of the patient if the patient has | 
      
        |  | been adjudicated incapacitated to manage the patient's personal | 
      
        |  | affairs; | 
      
        |  | (4)  an attorney ad litem appointed for the patient, as | 
      
        |  | authorized by: | 
      
        |  | (A)  Subtitle C, Title 7, Health and Safety Code; | 
      
        |  | (B)  Subtitle D, Title 7, Health and Safety Code; | 
      
        |  | (C)  Title 3, Estates [ Chapter XIII, Texas  | 
      
        |  | Probate] Code; or | 
      
        |  | (D)  Chapter 107, Family Code; or | 
      
        |  | (5)  a personal representative of the patient if the | 
      
        |  | patient is deceased. | 
      
        |  | SECTION 22.053.  Section 201.405(b), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  Consent for the release of confidential information | 
      
        |  | must be in writing and signed by: | 
      
        |  | (1)  the patient; | 
      
        |  | (2)  a parent or legal guardian if the patient is a | 
      
        |  | minor; | 
      
        |  | (3)  a legal guardian if the patient has been | 
      
        |  | adjudicated incompetent to manage the patient's personal affairs; | 
      
        |  | (4)  an attorney ad litem appointed for the patient, as | 
      
        |  | authorized by: | 
      
        |  | (A)  Subtitle B, Title 6, Health and Safety Code; | 
      
        |  | (B)  Subtitle C, D, or E, Title 7, Health and | 
      
        |  | Safety Code; | 
      
        |  | (C)  Title 3, Estates [ Chapter XIII, Texas  | 
      
        |  | Probate] Code; | 
      
        |  | (D)  Chapter 107, Family Code; or | 
      
        |  | (E)  another applicable provision; or | 
      
        |  | (5)  a personal representative if the patient is | 
      
        |  | deceased. | 
      
        |  | SECTION 22.054.  Section 202.406(a), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Consent for the release of information made | 
      
        |  | confidential under this subchapter must be made in writing and | 
      
        |  | signed by: | 
      
        |  | (1)  the patient; | 
      
        |  | (2)  the patient's parent or legal guardian if the | 
      
        |  | patient is a minor; | 
      
        |  | (3)  a legal guardian if the patient has been | 
      
        |  | adjudicated incompetent to manage the patient's personal affairs; | 
      
        |  | (4)  an attorney ad litem appointed for the patient, as | 
      
        |  | authorized by: | 
      
        |  | (A)  Subtitle B, Title 6, Health and Safety Code; | 
      
        |  | (B)  Subtitle C, D, or E, Title 7, Health and | 
      
        |  | Safety Code; | 
      
        |  | (C)  Title 3, Estates [ Chapter XIII, Texas  | 
      
        |  | Probate] Code; | 
      
        |  | (D)  Chapter 107, Family Code; or | 
      
        |  | (E)  another applicable law; or | 
      
        |  | (5)  the patient's personal representative if the | 
      
        |  | patient is deceased. | 
      
        |  | SECTION 22.055.  Section 1703.351(a), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The department may take action authorized under | 
      
        |  | Subsection (b) against an applicant or license holder who: | 
      
        |  | (1)  wilfully violates this chapter or a rule adopted | 
      
        |  | under this chapter; | 
      
        |  | (2)  violates Section 1703.306(a); | 
      
        |  | (3)  wilfully aids or abets another to violate this | 
      
        |  | chapter or a rule adopted under this chapter; | 
      
        |  | (4)  allows the person's license issued under this | 
      
        |  | chapter to be used by an unlicensed person in violation of this | 
      
        |  | chapter; | 
      
        |  | (5)  makes a material misstatement in an application | 
      
        |  | for the issuance or renewal of a license; | 
      
        |  | (6)  makes a wilful misrepresentation or false promise | 
      
        |  | or causes the printing of a false or misleading advertisement to | 
      
        |  | directly or indirectly obtain business or trainees; | 
      
        |  | (7)  fails to inform a subject to be examined: | 
      
        |  | (A)  of the nature of the examination; and | 
      
        |  | (B)  that the subject's participation in the | 
      
        |  | examination is voluntary; | 
      
        |  | (8)  fails to inform the subject of an examination of | 
      
        |  | the examination results on request; | 
      
        |  | (9)  violates Section 51.151, Family Code; | 
      
        |  | (10)  wilfully makes a false report concerning an | 
      
        |  | examination for polygraph examination purposes; | 
      
        |  | (11)  fails to provide within a reasonable time | 
      
        |  | information requested by the department as the result of a formal | 
      
        |  | complaint to the department alleging a violation of this chapter; | 
      
        |  | (12)  demonstrates unworthiness or incompetency to act | 
      
        |  | as a polygraph examiner; | 
      
        |  | (13)  is convicted of an offense that directly relates | 
      
        |  | to the duties and responsibilities of a polygraph examiner; or | 
      
        |  | (14)  is found to be incapacitated as provided by the | 
      
        |  | Estates [ Probate] Code. | 
      
        |  | SECTION 22.056.  Section 25.10(a), Penal Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  In this section: | 
      
        |  | (1)  "Possessory right" means the right of a guardian | 
      
        |  | of the person to have physical possession of a ward and to establish | 
      
        |  | the ward's legal domicile, as provided by Section 1151.051(c)(1), | 
      
        |  | Estates [ 767(1), Texas Probate] Code. | 
      
        |  | (2)  "Ward" has the meaning assigned by Chapter 1002, | 
      
        |  | Estates [ Section 601, Texas Probate] Code. | 
      
        |  | SECTION 22.057.  Section 32.45(a)(1), Penal Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | (1)  "Fiduciary" includes: | 
      
        |  | (A)  a trustee, guardian, administrator, | 
      
        |  | executor, conservator, and receiver; | 
      
        |  | (B)  an attorney in fact or agent appointed under | 
      
        |  | a durable power of attorney as provided by Subtitle P, Title 2, | 
      
        |  | Estates [ Chapter XII, Texas Probate] Code; | 
      
        |  | (C)  any other person acting in a fiduciary | 
      
        |  | capacity, but not a commercial bailee unless the commercial bailee | 
      
        |  | is a party in a motor fuel sales agreement with a distributor or | 
      
        |  | supplier, as those terms are defined by Section 162.001, Tax Code; | 
      
        |  | and | 
      
        |  | (D)  an officer, manager, employee, or agent | 
      
        |  | carrying on fiduciary functions on behalf of a fiduciary. | 
      
        |  | SECTION 22.058.  Section 26.005(b), Property Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  The interests of the deceased individual's children and | 
      
        |  | grandchildren are divided among them and exercisable on a per | 
      
        |  | stirpes basis in the manner provided by Section 201.101, Estates | 
      
        |  | [ 43, Texas Probate] Code, according to the number of the deceased | 
      
        |  | individual's children represented.  If there is more than one child | 
      
        |  | of a deceased child of the deceased individual, the share of a child | 
      
        |  | of a deceased child may only be exercised by a majority of the | 
      
        |  | children of the deceased child. | 
      
        |  | SECTION 22.059.  Section 74.501(d), Property Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  On receipt of a claim form and all necessary | 
      
        |  | documentation and as may be appropriate under the circumstances, | 
      
        |  | the comptroller may approve the claim of: | 
      
        |  | (1)  the reported owner of the property; | 
      
        |  | (2)  if the reported owner died testate: | 
      
        |  | (A)  the appropriate legal beneficiaries of the | 
      
        |  | owner as provided by the last will and testament of the owner that | 
      
        |  | has been accepted into probate or filed as a muniment of title; or | 
      
        |  | (B)  the executor of the owner's last will and | 
      
        |  | testament who holds current letters testamentary; | 
      
        |  | (3)  if the reported owner died intestate: | 
      
        |  | (A)  the legal heirs of the owner as provided by | 
      
        |  | Sections 201.001 and 201.002, Estates [ Section 38, Texas Probate] | 
      
        |  | Code; or | 
      
        |  | (B)  the court-appointed administrator of the | 
      
        |  | owner's estate; | 
      
        |  | (4)  the legal heirs of the reported owner as | 
      
        |  | established by an affidavit of heirship order signed by a judge of | 
      
        |  | the county probate court or by a county judge; | 
      
        |  | (5)  if the reported owner is a minor child or an adult | 
      
        |  | who has been adjudged incompetent by a court of law, the parent or | 
      
        |  | legal guardian of the child or adult; | 
      
        |  | (6)  if the reported owner is a corporation: | 
      
        |  | (A)  the president or chair of the board of | 
      
        |  | directors of the corporation, on behalf of the corporation; or | 
      
        |  | (B)  any person who has legal authority to act on | 
      
        |  | behalf of the corporation; | 
      
        |  | (7)  if the reported owner is a corporation that has | 
      
        |  | been dissolved or liquidated: | 
      
        |  | (A)  the sole surviving shareholder of the | 
      
        |  | corporation, if there is only one surviving shareholder; | 
      
        |  | (B)  the surviving shareholders of the | 
      
        |  | corporation in proportion to their ownership of the corporation, if | 
      
        |  | there is more than one surviving shareholder; | 
      
        |  | (C)  the corporation's bankruptcy trustee; or | 
      
        |  | (D)  the court-ordered receiver for the | 
      
        |  | corporation; or | 
      
        |  | (8)  any other person that is entitled to receive the | 
      
        |  | unclaimed property under other law or comptroller policy. | 
      
        |  | SECTION 22.060.  Section 115.001(d), Property Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  The jurisdiction of the district court is exclusive | 
      
        |  | except for jurisdiction conferred by law on: | 
      
        |  | (1)  a statutory probate court; | 
      
        |  | (2)  a court that creates a trust under Subchapter B, | 
      
        |  | Chapter 1301, Estates [ Section 867, Texas Probate] Code; | 
      
        |  | (3)  a court that creates a trust under Section | 
      
        |  | 142.005; | 
      
        |  | (4)  a justice court under Chapter 27, Government Code; | 
      
        |  | or | 
      
        |  | (5)  [ a small claims court under Chapter 28, Government  | 
      
        |  | Code; or | 
      
        |  | [ (6)]  a county court at law. | 
      
        |  | SECTION 22.061.  Section 123.003(a), Property Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Any party initiating a proceeding involving a | 
      
        |  | charitable trust shall give notice of the proceeding to the | 
      
        |  | attorney general by sending to the attorney general, by registered | 
      
        |  | or certified mail, a true copy of the petition or other instrument | 
      
        |  | initiating the proceeding involving a charitable trust within 30 | 
      
        |  | days of the filing of such petition or other instrument, but no less | 
      
        |  | than 25 days prior to a hearing in such a proceeding.  This | 
      
        |  | subsection does not apply to a proceeding that is initiated by an | 
      
        |  | application that exclusively seeks the admission of a will to | 
      
        |  | probate, regardless of whether the application seeks the | 
      
        |  | appointment of a personal representative, if the application: | 
      
        |  | (1)  is uncontested; and | 
      
        |  | (2)  is not subject to Subchapter C, Chapter 256, | 
      
        |  | Estates [ Section 83, Texas Probate] Code. | 
      
        |  | SECTION 22.062.  Section 123.005, Property Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 123.005.  BREACH OF FIDUCIARY DUTY:  VENUE; | 
      
        |  | JURISDICTION.  (a)  Venue in a proceeding brought by the attorney | 
      
        |  | general alleging breach of a fiduciary duty by a charitable entity | 
      
        |  | or a fiduciary or managerial agent of a charitable trust shall be a | 
      
        |  | court of competent jurisdiction in Travis County or in the county | 
      
        |  | where the defendant resides or has its principal office.  To the | 
      
        |  | extent of a conflict between this subsection and any provision of | 
      
        |  | the Estates [ Texas Probate] Code providing for venue of a | 
      
        |  | proceeding brought with respect to a charitable trust created by a | 
      
        |  | will that has been admitted to probate, this subsection controls. | 
      
        |  | (b)  A statutory probate court of Travis County has | 
      
        |  | concurrent jurisdiction with any other court on which jurisdiction | 
      
        |  | is conferred by Section 32.001, Estates [ 4A, Texas Probate] Code, | 
      
        |  | in a proceeding brought by the attorney general alleging breach of a | 
      
        |  | fiduciary duty with respect to a charitable trust created by a will | 
      
        |  | that has been admitted to probate. | 
      
        |  | SECTION 22.063.  Section 27(a), Chapter 88 (H.B. 1573), Acts | 
      
        |  | of the 77th Legislature, Regular Session, 2001 (Article 6243h, | 
      
        |  | Vernon's Texas Civil Statutes), is amended to read as follows: | 
      
        |  | (a)  A person eligible for payment of a pension or other | 
      
        |  | benefits administered by the pension system may direct the pension | 
      
        |  | system to treat as the authorized representative of the person | 
      
        |  | concerning the disposition of the pension or other benefits an | 
      
        |  | attorney-in-fact under a power of attorney that the pension system | 
      
        |  | determines complies with Subchapters A and B, Chapter 752, Estates | 
      
        |  | [ Section 490, Texas Probate] Code. | 
      
        |  | SECTION 22.064.  Section 6.13, Chapter 824 (S.B. 817), Acts | 
      
        |  | of the 73rd Legislature, Regular Session, 1993 (Article 6243o, | 
      
        |  | Vernon's Texas Civil Statutes), is amended to read as follows: | 
      
        |  | Sec. 6.13.  GUARDIANSHIP.  Any benefit payable under this | 
      
        |  | article to a dependent child as defined by Section 1.02(7)(B) of | 
      
        |  | this Act may be paid only to a guardian who is appointed in | 
      
        |  | accordance with Title 3, Estates [ Chapter XIII, Texas Probate] | 
      
        |  | Code.  Any benefit payable under this article to a dependent child | 
      
        |  | as defined by Section 1.02(7)(A) of this Act may, at the board's | 
      
        |  | discretion, be: | 
      
        |  | (1)  paid to a guardian appointed in accordance with | 
      
        |  | Title 3, Estates [ Chapter XIII, Texas Probate] Code; or | 
      
        |  | (2)  accrued by the fund and paid directly to the | 
      
        |  | dependent child on the child's 18th birthday. | 
      
        |  | ARTICLE 23.  CONFORMING CHANGES RELATING TO NONSUBSTANTIVE REVISION | 
      
        |  | OF CERTAIN LAWS CONCERNING COMMUNITY SUPERVISION | 
      
        |  | SECTION 23.001.  Article 42.0199, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Art. 42.0199.  FINDING REGARDING DILIGENT PARTICIPATION | 
      
        |  | CREDIT.  If a person is convicted of a state jail felony, the judge | 
      
        |  | shall make a finding and enter the finding in the judgment of the | 
      
        |  | case regarding whether the person is presumptively entitled to | 
      
        |  | diligent participation credit in accordance with [ Section 15(h),] | 
      
        |  | Article 42A.559 [ 42.12]. | 
      
        |  | SECTION 23.002.  Section 5, Article 42.03, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Chapter 770 (H.B. 2299), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 5.  Except as otherwise provided by [ Section 5(a-1),] | 
      
        |  | Article 42A.106(b) [ 42.12], the court after pronouncing the | 
      
        |  | sentence shall inform the defendant of the defendant's right to | 
      
        |  | petition the court for an order of nondisclosure of criminal | 
      
        |  | history record information under Subchapter E-1, Chapter 411, | 
      
        |  | Government Code, unless the defendant is ineligible to pursue that | 
      
        |  | right because of the requirements that apply to obtaining the order | 
      
        |  | in the defendant's circumstances, such as: | 
      
        |  | (1)  the nature of the offense for which the defendant | 
      
        |  | is convicted; or | 
      
        |  | (2)  the defendant's criminal history. | 
      
        |  | SECTION 23.003.  Sections 411.072(a) and (b), Government | 
      
        |  | Code, are amended to conform to Chapter 770 (H.B. 2299), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  This section applies only to a person who: | 
      
        |  | (1)  was placed on deferred adjudication community | 
      
        |  | supervision under Subchapter C [ Section 5], Chapter 42A [Article  | 
      
        |  | 42.12], Code of Criminal Procedure, for a misdemeanor other than a | 
      
        |  | misdemeanor: | 
      
        |  | (A)  under Chapter 20, 21, 22, 25, 42, 43, 46, or | 
      
        |  | 71, Penal Code; or | 
      
        |  | (B)  with respect to which an affirmative finding | 
      
        |  | under [ Section 5(k),] Article 42A.105(f) [42.12], Code of Criminal | 
      
        |  | Procedure, was filed in the papers of the case; and | 
      
        |  | (2)  has never been previously convicted of or placed | 
      
        |  | on deferred adjudication community supervision for another offense | 
      
        |  | other than an offense under the Transportation Code that is | 
      
        |  | punishable by fine only. | 
      
        |  | (b)  Notwithstanding any other provision of this subchapter | 
      
        |  | or Subchapter F, if a person described by Subsection (a) receives a | 
      
        |  | discharge and dismissal under [ Section 5(c),] Article 42A.111 | 
      
        |  | [ 42.12], Code of Criminal Procedure, and satisfies the requirements | 
      
        |  | of Section 411.074, the court that placed the person on deferred | 
      
        |  | adjudication community supervision shall issue an order of | 
      
        |  | nondisclosure of criminal history record information under this | 
      
        |  | subchapter prohibiting criminal justice agencies from disclosing | 
      
        |  | to the public criminal history record information related to the | 
      
        |  | offense giving rise to the deferred adjudication community | 
      
        |  | supervision.  The court shall determine whether the person | 
      
        |  | satisfies the requirements of Section 411.074, and if the court | 
      
        |  | makes a finding that the requirements of that section are | 
      
        |  | satisfied, the court shall issue the order of nondisclosure of | 
      
        |  | criminal history record information: | 
      
        |  | (1)  at the time the court discharges and dismisses the | 
      
        |  | proceedings against the person, if the discharge and dismissal | 
      
        |  | occurs on or after the 180th day after the date the court placed the | 
      
        |  | person on deferred adjudication community supervision; or | 
      
        |  | (2)  as soon as practicable on or after the 180th day | 
      
        |  | after the date the court placed the person on deferred adjudication | 
      
        |  | community supervision, if the discharge and dismissal occurred | 
      
        |  | before that date. | 
      
        |  | SECTION 23.004.  Section 411.0725(a), Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  This section applies only to a person placed on deferred | 
      
        |  | adjudication community supervision under Subchapter C [ Section 5], | 
      
        |  | Chapter 42A [ Article 42.12], Code of Criminal Procedure, who is not | 
      
        |  | eligible to receive an order of nondisclosure of criminal history | 
      
        |  | record information under Section 411.072. | 
      
        |  | SECTION 23.005.  Section 411.0728(a), Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  This section applies only to a person who on conviction | 
      
        |  | for an offense under Section 43.02, Penal Code, is placed on | 
      
        |  | community supervision under Chapter 42A [ Article 42.12], Code of | 
      
        |  | Criminal Procedure, and with respect to whom the conviction is | 
      
        |  | subsequently set aside by the court under Article 42A.701 [ Section  | 
      
        |  | 20(a)] of that code [article]. | 
      
        |  | SECTION 23.006.  Section 411.073(a), Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  This section applies only to a person placed on | 
      
        |  | community supervision under Chapter 42A [ Article 42.12], Code of | 
      
        |  | Criminal Procedure: | 
      
        |  | (1)  following a conviction of a misdemeanor other than | 
      
        |  | a misdemeanor under Section 106.041, Alcoholic Beverage Code, | 
      
        |  | Section 49.04, 49.05, 49.06, or 49.065, Penal Code, or Chapter 71, | 
      
        |  | Penal Code; and | 
      
        |  | (2)  under a provision of Chapter 42A [ Article 42.12], | 
      
        |  | Code of Criminal Procedure, other than Subchapter C [ Section 5], | 
      
        |  | including: | 
      
        |  | (A)  a provision that requires the person to serve | 
      
        |  | a term of confinement as a condition of community supervision; or | 
      
        |  | (B)  another provision that authorizes placing a | 
      
        |  | person on community supervision after the person has served part of | 
      
        |  | a term of confinement imposed for the offense. | 
      
        |  | SECTION 23.007.  Section 411.1471(f), Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (f)  A defendant who provides a DNA sample under this section | 
      
        |  | is not required to provide a DNA sample under Section 411.148 of | 
      
        |  | this code or under [ Section 11(j),] Article 42A.352 [42.12], Code | 
      
        |  | of Criminal Procedure, unless the attorney representing the state | 
      
        |  | in the prosecution of the felony offense that makes Section 411.148 | 
      
        |  | or Article 42A.352 [ 11(j)] applicable to the defendant establishes | 
      
        |  | to the satisfaction of the director that the interests of justice or | 
      
        |  | public safety require that the defendant provide additional | 
      
        |  | samples. | 
      
        |  | SECTION 23.008.  Section 411.1882(a), Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  A person who is serving in this state as a judge or | 
      
        |  | justice of a federal court, as an active judicial officer as defined | 
      
        |  | by Section 411.201, as a district attorney, assistant district | 
      
        |  | attorney, criminal district attorney, assistant criminal district | 
      
        |  | attorney, county attorney, or assistant county attorney, as a | 
      
        |  | supervision officer as defined by [ Section 2,] Article 42A.001 | 
      
        |  | [ 42.12], Code of Criminal Procedure, or as a juvenile probation | 
      
        |  | officer may establish handgun proficiency for the purposes of this | 
      
        |  | subchapter by obtaining from a handgun proficiency instructor | 
      
        |  | approved by the Texas Commission on Law Enforcement for purposes of | 
      
        |  | Section 1702.1675, Occupations Code, a sworn statement that | 
      
        |  | indicates that the person, during the 12-month period preceding the | 
      
        |  | date of the person's application to the department, demonstrated to | 
      
        |  | the instructor proficiency in the use of handguns. | 
      
        |  | SECTION 23.009.  Section 411.1953, Government Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Sec. 411.1953.  REDUCTION OF FEES FOR COMMUNITY SUPERVISION | 
      
        |  | AND CORRECTIONS DEPARTMENT OFFICERS AND JUVENILE PROBATION | 
      
        |  | OFFICERS.  Notwithstanding any other provision of this subchapter, | 
      
        |  | an applicant who is serving in this state as a supervision officer, | 
      
        |  | as defined by [ Section 2,] Article 42A.001 [42.12], Code of | 
      
        |  | Criminal Procedure, or as a juvenile probation officer shall pay a | 
      
        |  | fee of $25 for the issuance of an original or renewed license under | 
      
        |  | this subchapter. | 
      
        |  | SECTION 23.010.  Section 49.09(h), Penal Code, as amended by | 
      
        |  | Section 2.84, Chapter 770 (H.B. 2299), and Section 2, Chapter 1067 | 
      
        |  | (H.B. 2246), Acts of the 84th Legislature, Regular Session, 2015, | 
      
        |  | is reenacted to conform to Section 1.01, Chapter 770 (H.B. 2299), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015, to read as | 
      
        |  | follows: | 
      
        |  | (h)  This subsection applies only to a person convicted of a | 
      
        |  | second or subsequent offense relating to the operating of a motor | 
      
        |  | vehicle while intoxicated committed within five years of the date | 
      
        |  | on which the most recent preceding offense was committed.  The court | 
      
        |  | shall enter an order that requires the defendant to have a device | 
      
        |  | installed, on each motor vehicle owned or operated by the | 
      
        |  | defendant, that uses a deep-lung breath analysis mechanism to make | 
      
        |  | impractical the operation of the motor vehicle if ethyl alcohol is | 
      
        |  | detected in the breath of the operator, and that requires that | 
      
        |  | before the first anniversary of the ending date of the period of | 
      
        |  | license suspension under Section 521.344, Transportation Code, the | 
      
        |  | defendant not operate any motor vehicle that is not equipped with | 
      
        |  | that device.  The court shall require the defendant to obtain the | 
      
        |  | device at the defendant's own cost on or before that ending date, | 
      
        |  | require the defendant to provide evidence to the court on or before | 
      
        |  | that ending date that the device has been installed on each | 
      
        |  | appropriate vehicle, and order the device to remain installed on | 
      
        |  | each vehicle until the first anniversary of that ending date.  If | 
      
        |  | the court determines the offender is unable to pay for the device, | 
      
        |  | the court may impose a reasonable payment schedule not to extend | 
      
        |  | beyond the first anniversary of the date of installation.  The | 
      
        |  | Department of Public Safety shall approve devices for use under | 
      
        |  | this subsection.  Section 521.247, Transportation Code, applies to | 
      
        |  | the approval of a device under this subsection and the consequences | 
      
        |  | of that approval.  Failure to comply with an order entered under | 
      
        |  | this subsection is punishable by contempt.  For the purpose of | 
      
        |  | enforcing this subsection, the court that enters an order under | 
      
        |  | this subsection retains jurisdiction over the defendant until the | 
      
        |  | date on which the device is no longer required to remain installed. | 
      
        |  | To the extent of a conflict between this subsection and Subchapter | 
      
        |  | I, Chapter 42A, Code of Criminal Procedure, this subsection | 
      
        |  | controls. | 
      
        |  | SECTION 23.011.  Section 92.025(b), Property Code, is | 
      
        |  | amended to conform to Chapter 770 (H.B. 2299), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (b)  This section does not preclude a cause of action for | 
      
        |  | negligence in leasing of a dwelling by a landlord or a landlord's | 
      
        |  | manager or agent to a tenant, if: | 
      
        |  | (1)  the tenant: | 
      
        |  | (A)  was convicted of an offense listed in | 
      
        |  | [ Section 3g,] Article 42A.054 [42.12], Code of Criminal Procedure; | 
      
        |  | or | 
      
        |  | (B)  has a reportable conviction or adjudication, | 
      
        |  | as defined by Article 62.001, Code of Criminal Procedure; and | 
      
        |  | (2)  the person against whom the action is filed knew or | 
      
        |  | should have known of the conviction or adjudication. | 
      
        |  | SECTION 23.012.  (a)  Article 42A.105, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Chapter 1279 (S.B. 1902), Acts | 
      
        |  | of the 84th Legislature, Regular Session, 2015, by adding | 
      
        |  | Subsection (f) to read as follows: | 
      
        |  | (f)  If a judge places on deferred adjudication community | 
      
        |  | supervision a defendant charged with a misdemeanor other than a | 
      
        |  | misdemeanor under Chapter 20, 21, 22, 25, 42, 43, 46, or 71, Penal | 
      
        |  | Code, the judge shall make an affirmative finding of fact and file a | 
      
        |  | statement of that affirmative finding with the papers in the case if | 
      
        |  | the judge determines that it is not in the best interest of justice | 
      
        |  | that the defendant receive an automatic order of nondisclosure | 
      
        |  | under Section 411.072, Government Code. | 
      
        |  | (b)  Article 42A.106(b), Code of Criminal Procedure, is | 
      
        |  | amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (b)  Before placing a defendant on deferred adjudication | 
      
        |  | community supervision, the court shall inform the defendant of the | 
      
        |  | defendant's right to receive or petition the court for an order of | 
      
        |  | nondisclosure of criminal history record information under | 
      
        |  | Subchapter E-1, Chapter 411 [ Section 411.081], Government Code, as | 
      
        |  | applicable, unless the defendant is ineligible for an order [ to  | 
      
        |  | pursue that right] because of: | 
      
        |  | (1)  the nature of the offense for which the defendant | 
      
        |  | is placed on deferred adjudication community supervision; or | 
      
        |  | (2)  the defendant's criminal history. | 
      
        |  | (c)  Article 42A.111(e), Code of Criminal Procedure, is | 
      
        |  | amended to conform to Chapter 1279 (S.B. 1902), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (e)  A judge who dismisses the proceedings against a | 
      
        |  | defendant and discharges the defendant under this article: | 
      
        |  | (1)  shall [ : | 
      
        |  | [ (1)]  provide the defendant with a copy of the order of | 
      
        |  | dismissal and discharge; and | 
      
        |  | (2)  if the judge determines that the defendant is or | 
      
        |  | may become eligible for an order of nondisclosure of criminal | 
      
        |  | history record information under Subchapter E-1, Chapter 411, | 
      
        |  | Government Code, shall, as applicable: | 
      
        |  | (A)  grant an order of nondisclosure of criminal | 
      
        |  | history record information to the defendant; | 
      
        |  | (B)  inform the defendant of the defendant's | 
      
        |  | eligibility to receive an order of nondisclosure of criminal | 
      
        |  | history record information without a petition and the earliest date | 
      
        |  | on which the defendant is eligible to receive the order; or | 
      
        |  | (C)  [ ,] inform the defendant of the defendant's | 
      
        |  | eligibility to petition the court for an order of nondisclosure of | 
      
        |  | criminal history record information [ under Section 411.081,  | 
      
        |  | Government Code,] and the earliest date the defendant is eligible | 
      
        |  | to file the petition for the order [ of nondisclosure]. | 
      
        |  | (d)  Section 16, Chapter 1279 (S.B. 1902), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 5, | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.013.  (a)  Article 42A.301, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 2, Chapter 106 (H.B. | 
      
        |  | 3633), Acts of the 84th Legislature, Regular Session, 2015, to read | 
      
        |  | as follows: | 
      
        |  | Art. 42A.301.  BASIC DISCRETIONARY CONDITIONS.  The judge of | 
      
        |  | the court having jurisdiction of the case shall determine the | 
      
        |  | conditions of community supervision.  The judge may impose any | 
      
        |  | reasonable condition that is designed to protect or restore the | 
      
        |  | community, protect or restore the victim, or punish, rehabilitate, | 
      
        |  | or reform the defendant.  Conditions of community supervision may | 
      
        |  | include conditions requiring the defendant to: | 
      
        |  | (1)  commit no offense against the laws of this state or | 
      
        |  | of any other state or of the United States; | 
      
        |  | (2)  avoid injurious or vicious habits; | 
      
        |  | (3)  avoid persons or places of disreputable or harmful | 
      
        |  | character, including any person, other than a family member of the | 
      
        |  | defendant, who is an active member of a criminal street gang; | 
      
        |  | (4)  report to the supervision officer as directed by | 
      
        |  | the judge or supervision officer and obey all rules and regulations | 
      
        |  | of the community supervision and corrections department; | 
      
        |  | (5)  permit the supervision officer to visit the | 
      
        |  | defendant at the defendant's home or elsewhere; | 
      
        |  | (6)  work faithfully at suitable employment to the | 
      
        |  | extent possible; | 
      
        |  | (7)  remain within a specified place; | 
      
        |  | (8)  pay in one or more amounts: | 
      
        |  | (A)  the defendant's fine, if one is assessed; and | 
      
        |  | (B)  all court costs, regardless of whether a fine | 
      
        |  | is assessed; | 
      
        |  | (9)  support the defendant's dependents; | 
      
        |  | (10)  participate, for a period specified by the judge, | 
      
        |  | in any community-based program, including a community service | 
      
        |  | project under Article 42A.304; | 
      
        |  | (11)  if the judge determines that the defendant has | 
      
        |  | financial resources that enable the defendant to offset in part or | 
      
        |  | in whole the costs of the legal services provided to the defendant | 
      
        |  | in accordance with Article 1.051(c) or (d), including any expenses | 
      
        |  | and costs, reimburse the county in which the prosecution was | 
      
        |  | instituted for the costs of the legal services in an amount that the | 
      
        |  | judge finds the defendant is able to pay, except that the defendant | 
      
        |  | may not be ordered to pay an amount that exceeds [ as follows]: | 
      
        |  | (A)  the actual costs, including any expenses and | 
      
        |  | costs, paid by the county for the legal services provided by an | 
      
        |  | appointed attorney [ if counsel was appointed, an amount for  | 
      
        |  | compensation paid to appointed counsel for defending the defendant  | 
      
        |  | in the case]; or | 
      
        |  | (B)  if the defendant was represented by a public | 
      
        |  | defender's office, the actual [ an] amount, including any expenses | 
      
        |  | and costs, that would have otherwise been paid to an appointed | 
      
        |  | attorney had the county not had a public defender's office; | 
      
        |  | (12)  if under custodial supervision in a community | 
      
        |  | corrections facility: | 
      
        |  | (A)  remain under that supervision; | 
      
        |  | (B)  obey all rules and regulations of the | 
      
        |  | facility; and | 
      
        |  | (C)  pay a percentage of the defendant's income | 
      
        |  | to: | 
      
        |  | (i)  the facility for room and board; and | 
      
        |  | (ii)  the defendant's dependents for their | 
      
        |  | support during the period of custodial supervision; | 
      
        |  | (13)  submit to testing for alcohol or controlled | 
      
        |  | substances; | 
      
        |  | (14)  attend counseling sessions for substance abusers | 
      
        |  | or participate in substance abuse treatment services in a program | 
      
        |  | or facility approved or licensed by the Department of State Health | 
      
        |  | Services; | 
      
        |  | (15)  with the consent of the victim of a misdemeanor | 
      
        |  | offense or of any offense under Title 7, Penal Code, participate in | 
      
        |  | victim-defendant mediation; | 
      
        |  | (16)  submit to electronic monitoring; | 
      
        |  | (17)  reimburse the compensation to victims of crime | 
      
        |  | fund for any amounts paid from that fund to or on behalf of a victim, | 
      
        |  | as defined by Article 56.32, of the offense or if no reimbursement | 
      
        |  | is required, make one payment to the compensation to victims of | 
      
        |  | crime fund in an amount not to exceed $50 if the offense is a | 
      
        |  | misdemeanor or not to exceed $100 if the offense is a felony; | 
      
        |  | (18)  reimburse a law enforcement agency for the | 
      
        |  | analysis, storage, or disposal of raw materials, controlled | 
      
        |  | substances, chemical precursors, drug paraphernalia, or other | 
      
        |  | materials seized in connection with the offense; | 
      
        |  | (19)  pay all or part of the reasonable and necessary | 
      
        |  | costs incurred by the victim for psychological counseling made | 
      
        |  | necessary by the offense or for counseling and education relating | 
      
        |  | to acquired immune deficiency syndrome or human immunodeficiency | 
      
        |  | virus made necessary by the offense; | 
      
        |  | (20)  make one payment in an amount not to exceed $50 to | 
      
        |  | a crime stoppers organization, as defined by Section 414.001, | 
      
        |  | Government Code, and as certified by the Texas Crime Stoppers | 
      
        |  | Council; | 
      
        |  | (21)  submit a DNA sample to the Department of Public | 
      
        |  | Safety under Subchapter G, Chapter 411, Government Code, for the | 
      
        |  | purpose of creating a DNA record of the defendant; | 
      
        |  | (22)  in any manner required by the judge, provide in | 
      
        |  | the county in which the offense was committed public notice of the | 
      
        |  | offense for which the defendant was placed on community | 
      
        |  | supervision; and | 
      
        |  | (23)  reimburse the county in which the prosecution was | 
      
        |  | instituted for compensation paid to any interpreter in the case. | 
      
        |  | (b)  Article 42A.651, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, by amending Subsection (a) and | 
      
        |  | adding Subsection (c) to read as follows: | 
      
        |  | (a)  A judge may not order a defendant to make a payment as a | 
      
        |  | term or condition of community supervision, except for: | 
      
        |  | (1)  the payment of fines, court costs, or restitution | 
      
        |  | to the victim; [ or] | 
      
        |  | (2)  reimbursement of a county as described by Article | 
      
        |  | 42A.301(11); or | 
      
        |  | (3)  a payment ordered as a condition that relates | 
      
        |  | personally to the rehabilitation of the defendant or that is | 
      
        |  | otherwise expressly authorized by law. | 
      
        |  | (c)  A judge may not impose a condition of community | 
      
        |  | supervision requiring a defendant to reimburse a county for the | 
      
        |  | costs of legal services as described by Article 42A.301(11) if the | 
      
        |  | defendant has already satisfied that obligation under Article | 
      
        |  | 26.05(g). | 
      
        |  | (c)  Article 42A.655, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Section 2, Chapter 106 (H.B. 3633), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | Art. 42A.655.  ABILITY TO PAY.  The court shall consider the | 
      
        |  | defendant's ability to pay before [ in] ordering the defendant to | 
      
        |  | make any payments under this chapter. | 
      
        |  | (d)  Section 2, Chapter 106 (H.B. 3633), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Sections 11(a) | 
      
        |  | and (b), Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.014.  (a)  Article 42A.751(i), Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 3, Chapter 106 (H.B. | 
      
        |  | 3633), Acts of the 84th Legislature, Regular Session, 2015, to read | 
      
        |  | as follows: | 
      
        |  | (i)  In a revocation hearing at which it is alleged only that | 
      
        |  | the defendant violated the conditions of community supervision by | 
      
        |  | failing to pay [ compensation paid to appointed counsel,] community | 
      
        |  | supervision fees[ ,] or court costs or by failing to pay the costs of | 
      
        |  | legal services as described by Article 42A.301(11), the state must | 
      
        |  | prove by a preponderance of the evidence that the defendant was able | 
      
        |  | to pay and did not pay as ordered by the judge. | 
      
        |  | (b)  Section 3, Chapter 106 (H.B. 3633), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 21(c), | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.015.  (a)  Article 42A.304, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 1, Chapter 1002 (H.B. | 
      
        |  | 583), Acts of the 84th Legislature, Regular Session, 2015, by | 
      
        |  | amending Subsection (f) and adding Subsection (g) to read as | 
      
        |  | follows: | 
      
        |  | (f)  Instead of requiring the defendant to work a specified | 
      
        |  | number of hours at one or more community service projects under | 
      
        |  | Subsection (a), the [ The] judge may order a defendant to make a | 
      
        |  | specified donation to: | 
      
        |  | (1)  a nonprofit food bank or food pantry in the | 
      
        |  | community in which the defendant resides; | 
      
        |  | (2)  a charitable organization engaged primarily in | 
      
        |  | performing charitable functions for veterans in the community in | 
      
        |  | which the defendant resides; or | 
      
        |  | (3)  in a county with a population of less than 50,000, | 
      
        |  | another nonprofit organization that: | 
      
        |  | (A)  is exempt from taxation under Section 501(a) | 
      
        |  | of the Internal Revenue Code of 1986 because it is listed in Section | 
      
        |  | 501(c)(3) of that code; and | 
      
        |  | (B)  provides services or assistance to needy | 
      
        |  | individuals and families in the community in which the defendant | 
      
        |  | resides [ instead of requiring the defendant to work a specified  | 
      
        |  | number of hours at one or more community service projects under  | 
      
        |  | Subsection (a)]. | 
      
        |  | (g)  In this article: | 
      
        |  | (1)  "Charitable organization" has the meaning | 
      
        |  | assigned by Section 2252.906, Government Code. | 
      
        |  | (2)  "Veteran" has the meaning assigned by Section | 
      
        |  | 434.022, Government Code. | 
      
        |  | (b)  Section 1, Chapter 1002 (H.B. 583), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 16, | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.016.  (a)  Article 42A.403(a), Code of Criminal | 
      
        |  | Procedure, is amended to conform to Chapter 838 (S.B. 202), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  A judge who places on community supervision a defendant | 
      
        |  | convicted of an offense under Sections 49.04-49.08, Penal Code, | 
      
        |  | shall require as a condition of community supervision that the | 
      
        |  | defendant attend and successfully complete, before the 181st day | 
      
        |  | after the date community supervision is granted, an educational | 
      
        |  | program designed to rehabilitate persons who have driven while | 
      
        |  | intoxicated that is jointly approved by: | 
      
        |  | (1)  the Texas Department of Licensing and Regulation | 
      
        |  | [ State Health Services]; | 
      
        |  | (2)  the Department of Public Safety; | 
      
        |  | (3)  the traffic safety section of the traffic | 
      
        |  | operations division of the Texas Department of Transportation; and | 
      
        |  | (4)  the community justice assistance division of the | 
      
        |  | Texas Department of Criminal Justice. | 
      
        |  | (b)  Article 42A.403, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, by adding Subsection (d-1) and amending | 
      
        |  | Subsection (e) to read as follows: | 
      
        |  | (d-1)  The judge shall waive the educational program | 
      
        |  | requirement if the defendant successfully completes equivalent | 
      
        |  | education at a residential treatment facility under Article | 
      
        |  | 42A.4045. | 
      
        |  | (e)  The judge shall set out in the judgment, as applicable: | 
      
        |  | (1)  the finding of good cause for waiver; or | 
      
        |  | (2)  the finding that the defendant has successfully | 
      
        |  | completed equivalent education as provided by Article 42A.4045 [ in  | 
      
        |  | the judgment]. | 
      
        |  | (c)  Article 42A.404(a), Code of Criminal Procedure, is | 
      
        |  | amended to conform to Chapter 838 (S.B. 202), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, to read as follows: | 
      
        |  | (a)  The judge shall require a defendant who is punished | 
      
        |  | under Section 49.09, Penal Code, to attend and successfully | 
      
        |  | complete as a condition of community supervision an educational | 
      
        |  | program for repeat offenders that is approved by the Texas | 
      
        |  | Department of Licensing and Regulation [ State Health Services]. | 
      
        |  | (d)  Article 42A.404, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, by amending Subsections (b) and (c) and | 
      
        |  | adding Subsection (b-1) to read as follows: | 
      
        |  | (b)  The judge may waive the educational program requirement | 
      
        |  | [ only] if the defendant by a motion in writing shows good cause.  In | 
      
        |  | determining good cause, the judge may consider: | 
      
        |  | (1)  the defendant's school and work schedule; | 
      
        |  | (2)  the defendant's health; | 
      
        |  | (3)  the distance that the defendant must travel to | 
      
        |  | attend an educational program; and | 
      
        |  | (4)  whether the defendant resides out of state or does | 
      
        |  | not have access to transportation. | 
      
        |  | (b-1)  The judge shall waive the educational program | 
      
        |  | requirement if the defendant successfully completes equivalent | 
      
        |  | education at a residential treatment facility under Article | 
      
        |  | 42A.4045. | 
      
        |  | (c)  The judge shall set out in the judgment, as applicable: | 
      
        |  | (1)  the finding of good cause for waiver; or | 
      
        |  | (2)  the finding that the defendant has successfully | 
      
        |  | completed equivalent education as provided by Article 42A.4045 [ in  | 
      
        |  | the judgment]. | 
      
        |  | (e)  Subchapter I, Chapter 42A, Code of Criminal Procedure, | 
      
        |  | is amended to conform to Chapter 851 (S.B. 1070), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, by adding Article 42A.4045 to | 
      
        |  | read as follows: | 
      
        |  | Art. 42A.4045.  ALTERNATIVE TO EDUCATIONAL PROGRAM: | 
      
        |  | SUBSTANCE ABUSE TREATMENT FACILITY.  (a)  A judge shall waive the | 
      
        |  | educational requirement under Article 42A.403 or 42A.404 for a | 
      
        |  | defendant who is required to receive treatment as a resident of a | 
      
        |  | substance abuse treatment facility as a condition of community | 
      
        |  | supervision if the defendant successfully completes equivalent | 
      
        |  | education while the defendant is confined to the residential | 
      
        |  | treatment facility. | 
      
        |  | (b)  The Department of State Health Services shall approve | 
      
        |  | equivalent education provided at substance abuse treatment | 
      
        |  | facilities. | 
      
        |  | (c)  The executive commissioner of the Health and Human | 
      
        |  | Services Commission shall adopt rules to implement this article. | 
      
        |  | (d)  For purposes of this article, a substance abuse | 
      
        |  | treatment facility includes: | 
      
        |  | (1)  a substance abuse felony punishment facility | 
      
        |  | operated by the Texas Department of Criminal Justice under Section | 
      
        |  | 493.009, Government Code; | 
      
        |  | (2)  a community corrections facility, as defined by | 
      
        |  | Section 509.001, Government Code; or | 
      
        |  | (3)  a chemical dependency treatment facility licensed | 
      
        |  | under Chapter 464, Health and Safety Code. | 
      
        |  | (f)  Article 42A.405, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Chapter 838 (S.B. 202), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, to read as follows: | 
      
        |  | Art. 42A.405.  RULES FOR AND ADMINISTRATION OF EDUCATIONAL | 
      
        |  | PROGRAMS.  (a)  The Texas Department of Licensing and Regulation | 
      
        |  | [ Health and Human Services Commission] shall adopt rules for the | 
      
        |  | educational program under Article 42A.404. | 
      
        |  | (b)  The Texas Department of Licensing and Regulation [ State  | 
      
        |  | Health Services] shall: | 
      
        |  | (1)  publish the jointly approved rules for the | 
      
        |  | educational program under Article 42A.403; and | 
      
        |  | (2)  monitor, coordinate, and provide training to | 
      
        |  | persons providing the educational programs under this subchapter. | 
      
        |  | (c)  The Texas Department of Licensing and Regulation [ State  | 
      
        |  | Health Services] is responsible for the administration of the | 
      
        |  | certification of approved educational programs. | 
      
        |  | (d)  The Texas Department of Licensing and Regulation [ State  | 
      
        |  | Health Services] may charge a nonrefundable application fee for the | 
      
        |  | initial certification of approval or for a renewal of the | 
      
        |  | certification. | 
      
        |  | (g)  Article 42A.406, Code of Criminal Procedure, is amended | 
      
        |  | to conform to Chapter 851 (S.B. 1070), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, by amending Subsection (a) and adding | 
      
        |  | Subsection (b-1) to read as follows: | 
      
        |  | (a)  If a defendant is required as a condition of community | 
      
        |  | supervision to attend an educational program under Article 42A.403 | 
      
        |  | or 42A.404, or if the court waives the educational program | 
      
        |  | requirement under Article 42A.403 or the defendant successfully | 
      
        |  | completes equivalent education under Article 42A.4045, the court | 
      
        |  | clerk shall immediately report that fact to the Department of | 
      
        |  | Public Safety, on a form prescribed by the department, for | 
      
        |  | inclusion in the defendant's driving record.  If the court grants an | 
      
        |  | extension of time in which the defendant may complete the | 
      
        |  | educational program under Article 42A.403, the court clerk shall | 
      
        |  | immediately report that fact to the Department of Public Safety on a | 
      
        |  | form prescribed by the department.  The clerk's report under this | 
      
        |  | subsection must include the beginning date of the defendant's | 
      
        |  | community supervision. | 
      
        |  | (b-1)  Upon release from a residential treatment facility at | 
      
        |  | which the person successfully completed equivalent education under | 
      
        |  | Article 42A.4045, at the request of the court clerk, the director of | 
      
        |  | the residential treatment facility shall give notice to the | 
      
        |  | Department of Public Safety for inclusion in the person's driving | 
      
        |  | record. | 
      
        |  | (h)  The following provisions are repealed: | 
      
        |  | (1)  Section 1, Chapter 851 (S.B. 1070), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, which amended Subsections | 
      
        |  | (h) and (j) and added Subsection (o), Section 13, Article 42.12, | 
      
        |  | Code of Criminal Procedure; and | 
      
        |  | (2)  Section 1.224, Chapter 838 (S.B. 202), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, which amended Subsections | 
      
        |  | (h) and (j), Section 13, Article 42.12, Code of Criminal Procedure. | 
      
        |  | SECTION 23.017.  (a)  Article 42A.407, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 1, Chapter 1067 (H.B. | 
      
        |  | 2246), Acts of the 84th Legislature, Regular Session, 2015, by | 
      
        |  | adding Subsection (g) to read as follows: | 
      
        |  | (g)  Notwithstanding any other provision of this subchapter, | 
      
        |  | a defendant whose license is suspended for an offense under | 
      
        |  | Sections 49.04-49.08, Penal Code, may operate a motor vehicle | 
      
        |  | during the period of suspension if the defendant: | 
      
        |  | (1)  obtains and uses an ignition interlock device as | 
      
        |  | provided by Article 42A.408 for the entire period of the | 
      
        |  | suspension; and | 
      
        |  | (2)  applies for and receives an occupational driver's | 
      
        |  | license with an ignition interlock designation under Section | 
      
        |  | 521.2465, Transportation Code. | 
      
        |  | (b)  Section 1, Chapter 1067 (H.B. 2246), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which added Section 13(o), | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.018.  (a)  Article 42A.454, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 1, Chapter 684 (H.B. | 
      
        |  | 372), Acts of the 84th Legislature, Regular Session, 2015, to read | 
      
        |  | as follows: | 
      
        |  | Art. 42A.454.  CERTAIN INTERNET ACTIVITY PROHIBITED. | 
      
        |  | (a)  This article applies only to a defendant who is required to | 
      
        |  | register as a sex offender under Chapter 62, by court order or | 
      
        |  | otherwise, and: | 
      
        |  | (1)  is convicted of or receives a grant of deferred | 
      
        |  | adjudication community supervision for a violation of Section | 
      
        |  | 21.11, 22.011(a)(2), 22.021(a)(1)(B), 33.021, or 43.25, Penal | 
      
        |  | Code; | 
      
        |  | (2)  used the Internet or any other type of electronic | 
      
        |  | device used for Internet access to commit the offense or engage in | 
      
        |  | the conduct for which the person is required to register under | 
      
        |  | Chapter 62; or | 
      
        |  | (3)  is assigned a numeric risk level of two or three | 
      
        |  | based on an assessment conducted under Article 62.007. | 
      
        |  | (b)  If the court grants community supervision to a defendant | 
      
        |  | described by Subsection (a), the court as a condition of community | 
      
        |  | supervision shall: | 
      
        |  | (1)  prohibit the defendant from using the Internet to: | 
      
        |  | (A) [ (1)]  access material that is obscene, as | 
      
        |  | defined by Section 43.21, Penal Code; | 
      
        |  | (B) [ (2)]  access a commercial social networking | 
      
        |  | site, as defined by Article 62.0061(f); | 
      
        |  | (C) [ (3)]  communicate with any individual | 
      
        |  | concerning sexual relations with an individual who is younger than | 
      
        |  | 17 years of age; or | 
      
        |  | (D) [ (4)]  communicate with another individual | 
      
        |  | the defendant knows is younger than 17 years of age; and | 
      
        |  | (2)  to ensure the defendant's compliance with | 
      
        |  | Subdivision (1), require the defendant to submit to regular | 
      
        |  | inspection or monitoring of each electronic device used by the | 
      
        |  | defendant to access the Internet. | 
      
        |  | (c)  The court may modify at any time the condition described | 
      
        |  | by Subsection (b)(1)(D) [ (b)(4)] if: | 
      
        |  | (1)  the condition interferes with the defendant's | 
      
        |  | ability to attend school or become or remain employed and | 
      
        |  | consequently constitutes an undue hardship for the defendant; or | 
      
        |  | (2)  the defendant is the parent or guardian of an | 
      
        |  | individual who is younger than 17 years of age and the defendant is | 
      
        |  | not otherwise prohibited from communicating with that individual. | 
      
        |  | (b)  Section 1, Chapter 684 (H.B. 372), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 13G, | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.019.  (a)  Subchapter K, Chapter 42A, Code of | 
      
        |  | Criminal Procedure, is amended to conform to Section 3, Chapter | 
      
        |  | 1004 (H.B. 642), Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, by adding Article 42A.514 to read as follows: | 
      
        |  | Art. 42A.514.  COMMUNITY SUPERVISION FOR CERTAIN ALCOHOL OR | 
      
        |  | DRUG RELATED OFFENSES.  (a)  If a judge grants community | 
      
        |  | supervision to a defendant younger than 18 years of age convicted of | 
      
        |  | an alcohol-related offense under Section 106.02, 106.025, 106.04, | 
      
        |  | 106.041, 106.05, or 106.07, Alcoholic Beverage Code, or Section | 
      
        |  | 49.02, Penal Code, or an offense involving possession of a | 
      
        |  | controlled substance or marihuana under Section 481.115, 481.1151, | 
      
        |  | 481.116, 481.1161, 481.117, 481.118, or 481.121, Health and Safety | 
      
        |  | Code, the judge may require the defendant as a condition of | 
      
        |  | community supervision to attend, as appropriate: | 
      
        |  | (1)  an alcohol awareness program approved under | 
      
        |  | Section 106.115, Alcoholic Beverage Code; or | 
      
        |  | (2)  a drug education program that is designed to | 
      
        |  | educate persons on the dangers of drug abuse and is approved by the | 
      
        |  | Department of State Health Services in accordance with Section | 
      
        |  | 521.374, Transportation Code. | 
      
        |  | (b)  If a judge requires a defendant as a condition of | 
      
        |  | community supervision to attend an alcohol awareness program or | 
      
        |  | drug education program described by Subsection (a), unless the | 
      
        |  | judge determines that the defendant is indigent and unable to pay | 
      
        |  | the cost, the judge shall require the defendant to pay the cost of | 
      
        |  | attending the program. The judge may allow the defendant to pay the | 
      
        |  | cost of attending the program in installments during the term of | 
      
        |  | community supervision. | 
      
        |  | (b)  Section 3, Chapter 1004 (H.B. 642), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which added Section 11(n), | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.020.  (a)  Article 42A.559, Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 2, Chapter 225 (H.B. | 
      
        |  | 1546), Acts of the 84th Legislature, Regular Session, 2015, by | 
      
        |  | amending Subsections (b), (e), and (f) and adding Subsections (g) | 
      
        |  | and (h) to read as follows: | 
      
        |  | (b)  A defendant confined in a state jail felony facility | 
      
        |  | does not earn good conduct time for time served in the facility but | 
      
        |  | may be awarded diligent participation credit in accordance with | 
      
        |  | Subsection (f) or (g). | 
      
        |  | (e)  For a defendant who has participated in an educational, | 
      
        |  | vocational, treatment, or work program while confined in a state | 
      
        |  | jail felony facility, [ not later than the 30th day before the date  | 
      
        |  | on which the defendant will have served 80 percent of the  | 
      
        |  | defendant's sentence,] the Texas Department of Criminal Justice | 
      
        |  | shall record [ report to the sentencing court] the number of days | 
      
        |  | during which the defendant diligently participated in any | 
      
        |  | educational, vocational, treatment, or work program.  [ The  | 
      
        |  | contents of a report submitted under this subsection are not  | 
      
        |  | subject to challenge by a defendant.] | 
      
        |  | (f)  For a defendant with a judgment that contains a finding | 
      
        |  | under Article 42.0199 that the defendant is presumptively entitled | 
      
        |  | to diligent participation credit and who has not been the subject of | 
      
        |  | disciplinary action while confined in the state jail felony | 
      
        |  | facility, the department shall [ A judge, based on the report  | 
      
        |  | received under Subsection (e), may] credit against any time the [a] | 
      
        |  | defendant is required to serve in a state jail felony facility | 
      
        |  | additional time for each day the defendant actually served in the | 
      
        |  | facility while diligently participating in an educational, | 
      
        |  | vocational, treatment, or work program. | 
      
        |  | (g)  For a defendant with a judgment that contains a finding | 
      
        |  | under Article 42.0199 that the defendant is not presumptively | 
      
        |  | entitled to diligent participation credit or who has been the | 
      
        |  | subject of disciplinary action while confined in the state jail | 
      
        |  | felony facility, the department shall, not later than the 30th day | 
      
        |  | before the date on which the defendant will have served 80 percent | 
      
        |  | of the defendant's sentence, report to the sentencing court the | 
      
        |  | record of the number of days under Subsection (e). The contents of a | 
      
        |  | report submitted under this subsection are not subject to challenge | 
      
        |  | by a defendant. A judge, based on the report, may credit against any | 
      
        |  | time a defendant is required to serve in a state jail felony | 
      
        |  | facility additional time for each day the defendant actually served | 
      
        |  | in the facility while diligently participating in an educational, | 
      
        |  | vocational, treatment, or work program. | 
      
        |  | (h)  A time credit under Subsection (f) or (g) [ this  | 
      
        |  | subsection] may not exceed one-fifth of the amount of time the | 
      
        |  | defendant is originally required to serve in the facility.  A | 
      
        |  | defendant may not be awarded a time credit under Subsection (f) or | 
      
        |  | (g) [ this subsection] for any period during which the defendant is | 
      
        |  | subject to disciplinary status [ action].  A time credit under | 
      
        |  | Subsection (f) or (g) [ this subsection] is a privilege and not a | 
      
        |  | right. | 
      
        |  | (b)  Section 2, Chapter 225 (H.B. 1546), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 15(h), | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | SECTION 23.021.  (a)  Article 42A.751(e), Code of Criminal | 
      
        |  | Procedure, is amended to conform to Section 1, Chapter 687 (H.B. | 
      
        |  | 518), Acts of the 84th Legislature, Regular Session, 2015, to read | 
      
        |  | as follows: | 
      
        |  | (e)  A judge may revoke without a hearing the community | 
      
        |  | supervision of a defendant who is imprisoned in a penal institution | 
      
        |  | if the defendant in writing before a court of record or a notary | 
      
        |  | public in the jurisdiction where the defendant is imprisoned: | 
      
        |  | (1)  waives the defendant's right to a hearing and to | 
      
        |  | counsel; | 
      
        |  | (2)  affirms that the defendant has nothing to say as to | 
      
        |  | why sentence should not be pronounced against the defendant; and | 
      
        |  | (3)  requests the judge to revoke community supervision | 
      
        |  | and to pronounce sentence. | 
      
        |  | (b)  Section 1, Chapter 687 (H.B. 518), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, which amended Section 21(b-2), | 
      
        |  | Article 42.12, Code of Criminal Procedure, is repealed. | 
      
        |  | ARTICLE 24.  REDESIGNATIONS | 
      
        |  | SECTION 24.001.  The following provisions of enacted codes | 
      
        |  | are redesignated to eliminate duplicate citations: | 
      
        |  | (1)  Section 251.725, Alcoholic Beverage Code, as added | 
      
        |  | by Chapter 241 (S.B. 680), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 251.726, Alcoholic | 
      
        |  | Beverage Code. | 
      
        |  | (2)  Chapter 506, Business & Commerce Code, as added by | 
      
        |  | Chapter 794 (H.B. 2739), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Chapter 507, Business & Commerce | 
      
        |  | Code, and Section 506.001, Business & Commerce Code, as added by | 
      
        |  | that Act, is redesignated as Section 507.001, Business & Commerce | 
      
        |  | Code. | 
      
        |  | (3)  Article 2.139, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 1124 (H.B. 3791), Acts of the 84th Legislature, | 
      
        |  | Regular Session, 2015, is redesignated as Article 2.1396, Code of | 
      
        |  | Criminal Procedure. | 
      
        |  | (4)  Subdivision (5), Section 2, Article 38.01, Code of | 
      
        |  | Criminal Procedure, as added by Chapter 1276 (S.B. 1287), Acts of | 
      
        |  | the 84th Legislature, Regular Session, 2015, is redesignated as | 
      
        |  | Subdivision (6), Section 2, Article 38.01, Code of Criminal | 
      
        |  | Procedure. | 
      
        |  | (5)  Section 21.0487, Education Code, as added by | 
      
        |  | Chapter 755 (H.B. 2014), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 21.0488, Education Code. | 
      
        |  | (6)  Subchapter E, Chapter 107, Family Code, as added | 
      
        |  | by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Subchapter G, Chapter 107, Family | 
      
        |  | Code, and Sections 107.061, 107.062, 107.063, 107.064, 107.065, | 
      
        |  | 107.066, 107.067, 107.068, 107.069, 107.070, 107.071, and 107.072, | 
      
        |  | Family Code, as added by that Act, are redesignated as Sections | 
      
        |  | 107.251, 107.252, 107.253, 107.254, 107.255, 107.256, 107.257, | 
      
        |  | 107.258, 107.259, 107.260, 107.261, and 107.262, Family Code, | 
      
        |  | respectively. | 
      
        |  | (7)  Subchapter F, Chapter 107, Family Code, as added | 
      
        |  | by Chapter 571 (H.B. 3003), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Subchapter H, Chapter 107, Family | 
      
        |  | Code, and Sections 107.101, 107.102, 107.103, 107.104, 107.105, | 
      
        |  | 107.106, 107.107, and 107.108, Family Code, as added by that Act, | 
      
        |  | are redesignated as Sections 107.301, 107.302, 107.303, 107.304, | 
      
        |  | 107.305, 107.306, 107.307, and 107.308, Family Code, respectively. | 
      
        |  | (8)  Section 262.011, Family Code, as added by Chapter | 
      
        |  | 455 (H.B. 331), Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, is redesignated as Section 262.012, Family Code. | 
      
        |  | (9)  Subchapter C, Chapter 265, Family Code, as added | 
      
        |  | by Chapter 1257 (H.B. 2630), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Subchapter D, Chapter 265, Family | 
      
        |  | Code, and Sections 265.101, 265.102, 265.103, 265.104, and 265.105, | 
      
        |  | Family Code, as added by that Act, are redesignated as Sections | 
      
        |  | 265.151, 265.152, 265.153, 265.154, and 265.155, Family Code, | 
      
        |  | respectively. | 
      
        |  | (10)  Chapter 36, Government Code, as added by Chapter | 
      
        |  | 935 (H.B. 2398), Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, is redesignated as Chapter 38, Government Code, and Sections | 
      
        |  | 36.001, 36.002, and 36.003, Government Code, as added by that Act, | 
      
        |  | are redesignated as Sections 38.001, 38.002, and 38.003, Government | 
      
        |  | Code, respectively. | 
      
        |  | (11)  Section 402.038, Government Code, as added by | 
      
        |  | Chapter 105 (H.B. 3327), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 402.039, Government Code. | 
      
        |  | (12)  Section 411.0208, Government Code, as added by | 
      
        |  | Chapter 1221 (S.B. 1853), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 411.02095, Government | 
      
        |  | Code. | 
      
        |  | (13)  Section 442.030, Government Code, as added by | 
      
        |  | Chapter 445 (H.B. 3868), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 442.031, Government Code. | 
      
        |  | (14)  Section 442.030, Government Code, as added by | 
      
        |  | Chapter 556 (H.B. 2332), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 442.032, Government Code. | 
      
        |  | (15)  Section 501.068, Government Code, as added by | 
      
        |  | Chapter 406 (H.B. 2189), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 501.069, Government Code. | 
      
        |  | (16)  Section 531.00553, Government Code, as added by | 
      
        |  | Chapter 1209 (S.B. 1540), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 531.00554, Government | 
      
        |  | Code. | 
      
        |  | (17)  Subsection (q), Section 531.102, Government | 
      
        |  | Code, as added by Chapter 945 (S.B. 207), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (x), Section 531.102, Government Code. | 
      
        |  | (18)  Section 533.0061, Government Code, as added by | 
      
        |  | Chapter 837 (S.B. 200), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 533.0065, Government | 
      
        |  | Code. | 
      
        |  | (19)  Section 656.002, Government Code, as added by | 
      
        |  | Chapter 111 (S.B. 389), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 656.003, Government Code. | 
      
        |  | (20)  Section 662.061, Government Code, as added by | 
      
        |  | Chapter 272 (H.B. 369), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 662.063, Government Code. | 
      
        |  | (21)  Section 662.061, Government Code, as added by | 
      
        |  | Chapter 503 (H.B. 194), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 662.064, Government Code. | 
      
        |  | (22)  Section 662.155, Government Code, as added by | 
      
        |  | Chapter 686 (H.B. 504), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 662.156, Government Code. | 
      
        |  | (23)  Section 2054.134, Government Code, as added by | 
      
        |  | Chapter 965 (S.B. 1877), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 2054.135, Government | 
      
        |  | Code. | 
      
        |  | (24)  Subsection (d-1), Section 2306.185, Government | 
      
        |  | Code, as added by Chapter 817 (H.B. 3576), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (d-5), Section 2306.185, Government Code. | 
      
        |  | (25)  Subsection (g), Section 81.046, Health and Safety | 
      
        |  | Code, as added by Chapter 789 (H.B. 2646), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (h), Section 81.046, Health and Safety Code. | 
      
        |  | (26)  Section 105.009, Health and Safety Code, as added | 
      
        |  | by Chapter 1088 (H.B. 2696), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 105.010, Health and | 
      
        |  | Safety Code. | 
      
        |  | (27)  Chapter 118, Health and Safety Code, as added by | 
      
        |  | Chapter 1123 (H.B. 3781), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Chapter 119, Health and Safety | 
      
        |  | Code, and Sections 118.001, 118.051, 118.052, 118.053, 118.054, | 
      
        |  | 118.055, 118.056, 118.101, 118.102, 118.103, 118.104, 118.105, | 
      
        |  | 118.106, and 118.107, Health and Safety Code, as added by that Act, | 
      
        |  | are redesignated as Sections 119.001, 119.051, 119.052, 119.053, | 
      
        |  | 119.054, 119.055, 119.056, 119.101, 119.102, 119.103, 119.104, | 
      
        |  | 119.105, 119.106, and 119.107, Health and Safety Code, | 
      
        |  | respectively. | 
      
        |  | (28)  Subsection (d), Section 712.0444, Health and | 
      
        |  | Safety Code, as added by Chapter 19 (S.B. 656), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (e), Section 712.0444, Health and Safety Code. | 
      
        |  | (29)  Section 161.088, Human Resources Code, as added | 
      
        |  | by Chapters 826 (H.B. 4001) and 1200 (S.B. 1385), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Section | 
      
        |  | 161.089, Human Resources Code. | 
      
        |  | (30)  Section 55.009, Occupations Code, as added by | 
      
        |  | Chapter 1193 (S.B. 1307), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 55.010, Occupations Code. | 
      
        |  | (31)  Subsection (l), Section 1701.253, Occupations | 
      
        |  | Code, as added by Chapter 642 (S.B. 1987), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (m), Section 1701.253, Occupations Code. | 
      
        |  | (32)  Sections 1701.261 and 1701.262, Occupations | 
      
        |  | Code, as added by Chapter 725 (H.B. 1338), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, are redesignated as Sections | 
      
        |  | 1701.264 and 1701.265, Occupations Code, respectively. | 
      
        |  | (33)  Section 1701.262, Occupations Code, as added by | 
      
        |  | Chapter 1056 (H.B. 2053), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 1701.266, Occupations | 
      
        |  | Code. | 
      
        |  | (34)  Subchapter M, Chapter 11, Parks and Wildlife | 
      
        |  | Code, as added by Chapter 1181 (S.B. 1132), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subchapter | 
      
        |  | N, Chapter 11, Parks and Wildlife Code, and Section 11.351, Parks | 
      
        |  | and Wildlife Code, as added by that Act, is redesignated as Section | 
      
        |  | 11.401, Parks and Wildlife Code. | 
      
        |  | (35)  Section 21.16, Penal Code, as added by Chapter | 
      
        |  | 676 (H.B. 207), Acts of the 84th Legislature, Regular Session, | 
      
        |  | 2015, is redesignated as Section 21.17, Penal Code. | 
      
        |  | (36)  Section 225.102, Transportation Code, as added by | 
      
        |  | Chapter 16 (S.B. 489), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.110, Transportation | 
      
        |  | Code. | 
      
        |  | (37)  Section 225.102, Transportation Code, as added by | 
      
        |  | Chapter 276 (H.B. 598), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.111, Transportation | 
      
        |  | Code. | 
      
        |  | (38)  Section 225.102, Transportation Code, as added by | 
      
        |  | Chapter 316 (H.B. 1187), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.112, Transportation | 
      
        |  | Code. | 
      
        |  | (39)  Section 225.102, Transportation Code, as added by | 
      
        |  | Chapter 714 (H.B. 1237), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.113, Transportation | 
      
        |  | Code. | 
      
        |  | (40)  Section 225.102, Transportation Code, as added by | 
      
        |  | Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.114, Transportation | 
      
        |  | Code. | 
      
        |  | (41)  Section 225.103, Transportation Code, as added by | 
      
        |  | Chapter 296 (H.B. 2181), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.115, Transportation | 
      
        |  | Code. | 
      
        |  | (42)  Section 225.103, Transportation Code, as added by | 
      
        |  | Chapter 349 (H.B. 1044), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.116, Transportation | 
      
        |  | Code. | 
      
        |  | (43)  Section 225.103, Transportation Code, as added by | 
      
        |  | Chapter 458 (H.B. 481), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.117, Transportation | 
      
        |  | Code. | 
      
        |  | (44)  Section 225.103, Transportation Code, as added by | 
      
        |  | Chapter 1233 (S.B. 2041), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.118, Transportation | 
      
        |  | Code. | 
      
        |  | (45)  Section 225.105, Transportation Code, as added by | 
      
        |  | Chapter 13 (S.B. 227), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.119, Transportation | 
      
        |  | Code. | 
      
        |  | (46)  Section 225.105, Transportation Code, as added by | 
      
        |  | Chapter 271 (H.B. 219), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.120, Transportation | 
      
        |  | Code. | 
      
        |  | (47)  Section 225.106, Transportation Code, as added by | 
      
        |  | Chapter 35 (S.B. 288), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.108, Transportation | 
      
        |  | Code. | 
      
        |  | (48)  Section 225.106, Transportation Code, as added by | 
      
        |  | Chapter 506 (H.B. 663), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.121, Transportation | 
      
        |  | Code. | 
      
        |  | (49)  Section 225.106, Transportation Code, as added by | 
      
        |  | Chapter 566 (H.B. 2540), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 225.122, Transportation | 
      
        |  | Code. | 
      
        |  | (50)  Section 502.004, Transportation Code, as added by | 
      
        |  | Chapter 67 (S.B. 449), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 502.005, Transportation | 
      
        |  | Code. | 
      
        |  | (51)  Subsections (j) and (k), Section 504.315, | 
      
        |  | Transportation Code, as added by Chapter 34 (S.B. 193), Acts of the | 
      
        |  | 84th Legislature, Regular Session, 2015, are redesignated as | 
      
        |  | Subsections (n) and (o), Section 504.315, Transportation Code, | 
      
        |  | respectively. | 
      
        |  | (52)  Subsection (j), Section 504.315, Transportation | 
      
        |  | Code, as added by Chapter 716 (H.B. 1273), Acts of the 84th | 
      
        |  | Legislature, Regular Session, 2015, is redesignated as Subsection | 
      
        |  | (p), Section 504.315, Transportation Code. | 
      
        |  | (53)  Section 504.320, Transportation Code, as added by | 
      
        |  | Chapter 335 (H.B. 127), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 504.321, Transportation | 
      
        |  | Code. | 
      
        |  | (54)  Section 504.320, Transportation Code, as added by | 
      
        |  | Chapter 1012 (H.B. 923), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 504.322, Transportation | 
      
        |  | Code. | 
      
        |  | (55)  Section 504.649, Transportation Code, as added by | 
      
        |  | Chapter 942 (H.B. 4099), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 504.666, Transportation | 
      
        |  | Code. | 
      
        |  | (56)  Section 504.665, Transportation Code, as added by | 
      
        |  | Chapter 41 (S.B. 742), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 504.667, Transportation | 
      
        |  | Code. | 
      
        |  | (57)  Section 504.665, Transportation Code, as added by | 
      
        |  | Chapter 454 (H.B. 315), Acts of the 84th Legislature, Regular | 
      
        |  | Session, 2015, is redesignated as Section 504.668, Transportation | 
      
        |  | Code. | 
      
        |  | SECTION 24.002.  The following changes are made to conform | 
      
        |  | the provisions amended to the redesignating changes made by Section | 
      
        |  | 24.001 of this Act and to correct cross-references: | 
      
        |  | (1)  Section 251.72, Alcoholic Beverage Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 251.72.  CHANGE OF STATUS.  Except as provided in | 
      
        |  | Sections 251.725, 251.726, 251.73, and 251.80, an authorized voting | 
      
        |  | unit that has exercised or may exercise the right of local option | 
      
        |  | retains the status adopted, whether absolute prohibition or | 
      
        |  | legalization of the sale of alcoholic beverages of one or more of | 
      
        |  | the various types and alcoholic contents on which an issue may be | 
      
        |  | submitted under the terms of Section 501.035, Election Code, until | 
      
        |  | that status is changed by a subsequent local option election in the | 
      
        |  | same authorized voting unit. | 
      
        |  | (2)  Subsections (a) and (d), Section 107.256, Family | 
      
        |  | Code, as redesignated from Subsections (a) and (d), Section | 
      
        |  | 107.066, Family Code, by Section 24.001 of this Act, are amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  An office described by Section 107.254 [ 107.064] or | 
      
        |  | 107.255 [ 107.065] may be a governmental entity or a nonprofit | 
      
        |  | corporation operating under a written agreement with a governmental | 
      
        |  | entity, other than an individual judge or court. | 
      
        |  | (d)  In creating an office of child representation or office | 
      
        |  | of parent representation under this section, the commissioners | 
      
        |  | court shall specify or the commissioners courts shall jointly | 
      
        |  | specify, as applicable: | 
      
        |  | (1)  the duties of the office; | 
      
        |  | (2)  the types of cases to which the office may be | 
      
        |  | appointed under this chapter and the courts in which an attorney | 
      
        |  | employed by the office may be required to appear; | 
      
        |  | (3)  if the office is a nonprofit corporation, the term | 
      
        |  | during which the contract designating the office is effective and | 
      
        |  | how that contract may be renewed on expiration of the term; and | 
      
        |  | (4)  if an oversight board is established under Section | 
      
        |  | 107.262 [ 107.072] for the office, the powers and duties that have | 
      
        |  | been delegated to the oversight board. | 
      
        |  | (3)  Subsection (a), Section 107.305, Family Code, as | 
      
        |  | redesignated from Subsection (a), Section 107.105, Family Code, by | 
      
        |  | Section 24.001 of this Act, is amended to read as follows: | 
      
        |  | (a)  Unless a program uses a review committee appointed under | 
      
        |  | Section 107.306 [ 107.106], a program under this subchapter must be | 
      
        |  | directed by a person who: | 
      
        |  | (1)  is a member of the State Bar of Texas; | 
      
        |  | (2)  has practiced law for at least three years; and | 
      
        |  | (3)  has substantial experience in the practice of | 
      
        |  | child welfare law. | 
      
        |  | (4)  Subsection (b), Section 107.306, Family Code, as | 
      
        |  | redesignated from Subsection (b), Section 107.106, Family Code, by | 
      
        |  | Section 24.001 of this Act, is amended to read as follows: | 
      
        |  | (b)  Each member of the committee: | 
      
        |  | (1)  must meet the requirements described by Section | 
      
        |  | 107.305(a) [ 107.105(a)] for the program director; | 
      
        |  | (2)  may not be employed as a prosecutor; and | 
      
        |  | (3)  may not be included on or apply for inclusion on | 
      
        |  | the public appointment list. | 
      
        |  | (5)  Subsection (b), Section 261.3025, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  The report must include the following information for | 
      
        |  | the preceding calendar year: | 
      
        |  | (1)  the number of law enforcement officers who | 
      
        |  | completed the training program established under Section 1701.266 | 
      
        |  | [ 1701.262], Occupations Code; | 
      
        |  | (2)  the number of children who have been placed on the | 
      
        |  | child safety check alert list and the number of those children who | 
      
        |  | have been located; and | 
      
        |  | (3)  the number of families who have been placed on the | 
      
        |  | child safety check alert list and the number of those families who | 
      
        |  | have been located. | 
      
        |  | (6)  Subsection (d), Section 264.201, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (d)  The services may include in-home programs, parenting | 
      
        |  | skills training, youth coping skills, and individual and family | 
      
        |  | counseling.  If the department requires or a court orders parenting | 
      
        |  | skills training services through a parenting education program, the | 
      
        |  | program must be an evidence-based or promising practice parenting | 
      
        |  | education program described by Section 265.151 [ 265.101] that is | 
      
        |  | provided in the community in which the family resides, if | 
      
        |  | available. | 
      
        |  | (7)  Subsection (a-1), Section 265.004, Family Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a-1)  The department shall ensure that not less than 75 | 
      
        |  | percent of the money appropriated for parenting education programs | 
      
        |  | under Subsection (a) funds evidence-based programs described by | 
      
        |  | Section 265.151(b) [ 265.101(b)] and that the remainder of that | 
      
        |  | money funds promising practice programs described by Section | 
      
        |  | 265.151(c) [ 265.101(c)]. | 
      
        |  | (8)  Subsection (a), Section 38.003, Government Code, | 
      
        |  | as redesignated from Subsection (a), Section 36.003, Government | 
      
        |  | Code, by Section 24.001 of this Act, is amended to read as follows: | 
      
        |  | (a)  The judge of a county, justice, or municipal court, in | 
      
        |  | accordance with Section 38.002 [ 36.002], may award money from a | 
      
        |  | judicial donation trust fund established under Section 38.001 | 
      
        |  | [ 36.001] to eligible children or families who appear before the | 
      
        |  | court for a truancy or curfew violation or in another misdemeanor | 
      
        |  | offense proceeding before the court. | 
      
        |  | (9)  Subsection (b), Section 656.023, Government Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (b)  A form prescribed by the commission under Subsection (a) | 
      
        |  | must include a space for a state agency to list a military | 
      
        |  | occupational specialty code as provided by Section 656.003 | 
      
        |  | [ 656.002]. | 
      
        |  | (10)  Subsection (e), Section 2306.185, Government | 
      
        |  | Code, as amended by Chapters 643 (S.B. 1989) and 817 (H.B. 3576), | 
      
        |  | Acts of the 84th Legislature, Regular Session, 2015,  is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (e)  Subsections (c), (d), (d-1), (d-2), (d-3), [ and] (d-4), | 
      
        |  | and (d-5) and Section 2306.269 apply only to multifamily rental | 
      
        |  | housing developments to which the department is providing one or | 
      
        |  | more of the following forms of assistance: | 
      
        |  | (1)  a loan or grant in an amount greater than 33 | 
      
        |  | percent of the market value of the development on the date the | 
      
        |  | recipient completed the construction of the development; | 
      
        |  | (2)  a loan guarantee for a loan in an amount greater | 
      
        |  | than 33 percent of the market value of the development on the date | 
      
        |  | the recipient took legal title to the development; or | 
      
        |  | (3)  a low income housing tax credit. | 
      
        |  | (11)  Section 81.032, Local Government Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 81.032.  ACCEPTANCE OF DONATIONS AND BEQUESTS.  The | 
      
        |  | commissioners court may accept a gift, grant, donation, bequest, or | 
      
        |  | devise of money or other property on behalf of the county, including | 
      
        |  | a donation under Chapter 38 [ 36], Government Code, for the purpose | 
      
        |  | of performing a function conferred by law on the county or a county | 
      
        |  | officer. | 
      
        |  | (12)  Subsection (m), Section 1701.402, Occupations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (m)  As a requirement for an intermediate or advanced | 
      
        |  | proficiency certificate issued by the commission on or after | 
      
        |  | January 1, 2016, an officer must complete an education and training | 
      
        |  | program on the Texas Crime Information Center's child safety check | 
      
        |  | alert list established by the commission under Section 1701.266 | 
      
        |  | [ 1701.262]. | 
      
        |  | (13)  Subsection (a-1), Section 504.009, | 
      
        |  | Transportation Code, is amended to read as follows: | 
      
        |  | (a-1)  On request, the Texas Military Department, as defined | 
      
        |  | by Section 437.001, Government Code, shall issue a souvenir version | 
      
        |  | of the specialty license plate described by Section 504.322 | 
      
        |  | [ 504.320]. | 
      
        |  | ARTICLE 25.  EFFECTIVE DATE | 
      
        |  | SECTION 25.001.  This Act takes effect September 1, 2017. |