|  | 
      
        |  | 
      
        |  | 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 85th 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 85th | 
      
        |  | 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 86th Legislature, Regular Session, 2019.  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 86th Legislature, Regular Session, 2019, 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.  Chapter 77, Agriculture Code, is amended to | 
      
        |  | conform to Section 9, Chapter 755 (S.B. 1731), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | CHAPTER 77.  FIRE ANT CONTROL | 
      
        |  | [ SUBCHAPTER A. ERADICATION PROGRAM] | 
      
        |  | Sec. 77.001.  COMMISSIONERS COURT MAY ESTABLISH PROGRAM. | 
      
        |  | The commissioners court of any county may establish, implement, and | 
      
        |  | conduct a program for the eradication or control of the imported | 
      
        |  | fire ant. | 
      
        |  | Sec. 77.002.  COORDINATION WITH OTHER PROGRAMS.  The program | 
      
        |  | established under this chapter may be conducted independently of or | 
      
        |  | in conjunction with any related program conducted and financed by | 
      
        |  | private or other public entities. | 
      
        |  | Sec. 77.003.  COST OF PROGRAM.  The commissioners court may | 
      
        |  | expend any available county funds to pay for all or its share of the | 
      
        |  | cost of a program established under this chapter, including funds | 
      
        |  | derived from taxation under the 80-cent limitation of Article VIII, | 
      
        |  | Section 9, of the Texas Constitution. | 
      
        |  | [ SUBCHAPTER B. BASIC RESEARCH PROGRAM] | 
      
        |  | ARTICLE 3.  CHANGES RELATING TO BUSINESS & COMMERCE CODE | 
      
        |  | SECTION 3.001.  Section 17.46(b), Business & Commerce Code, | 
      
        |  | as amended by Chapters 324 (S.B. 1488), 858 (H.B. 2552), and 967 | 
      
        |  | (S.B. 2065), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | 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," "immigration | 
      
        |  | consultant," "immigration expert," "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)  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)  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)  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; | 
      
        |  | (32)  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; [ or] | 
      
        |  | (33)  owning, operating, maintaining, or advertising a | 
      
        |  | massage establishment, as defined by Section 455.001, Occupations | 
      
        |  | Code, that: | 
      
        |  | (A)  is not appropriately licensed under Chapter | 
      
        |  | 455, Occupations Code, or is not in compliance with the applicable | 
      
        |  | licensing and other requirements of that chapter; or | 
      
        |  | (B)  is not in compliance with an applicable local | 
      
        |  | ordinance relating to the licensing or regulation of massage | 
      
        |  | establishments; or | 
      
        |  | (34) [ (33)]  a warrantor of a vehicle protection | 
      
        |  | product warranty using, in connection with the product, a name that | 
      
        |  | includes "casualty," "surety," "insurance," "mutual," or any other | 
      
        |  | word descriptive of an insurance business, including property or | 
      
        |  | casualty insurance, or a surety business. | 
      
        |  | ARTICLE 4.  CHANGES RELATING TO CODE OF CRIMINAL PROCEDURE | 
      
        |  | SECTION 4.001.  Article 5.07, Code of Criminal Procedure, is | 
      
        |  | transferred to Chapter 13, Code of Criminal Procedure, and | 
      
        |  | redesignated as Article 13.38, Code of Criminal Procedure. | 
      
        |  | SECTION 4.002.  Article 5.08, Code of Criminal Procedure, is | 
      
        |  | amended to conform to the amendment of Article 42A.301, Code of | 
      
        |  | Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | Art. 5.08.  MEDIATION IN FAMILY VIOLENCE CASES. | 
      
        |  | Notwithstanding Article 26.13(g) or 42A.301(b)(15) [ 42A.301(15)], | 
      
        |  | in a criminal prosecution arising from family violence, as that | 
      
        |  | term is defined by Section 71.004, Family Code, a court shall not | 
      
        |  | refer or order the victim or the defendant involved to mediation, | 
      
        |  | dispute resolution, arbitration, or other similar procedures. | 
      
        |  | SECTION 4.003.  Article 16.22(a), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 748 (S.B. 1326) and 950 (S.B. | 
      
        |  | 1849), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted to read as follows: | 
      
        |  | (a)(1)  Not later than 12 hours after the sheriff or | 
      
        |  | municipal jailer having custody of a defendant for an offense | 
      
        |  | punishable as a Class B misdemeanor or any higher category of | 
      
        |  | offense receives credible information that may establish | 
      
        |  | reasonable cause to believe that the defendant has a mental illness | 
      
        |  | or is a person with an intellectual disability, the sheriff or | 
      
        |  | municipal jailer shall provide written or electronic notice to the | 
      
        |  | magistrate.  The notice must include any information related to the | 
      
        |  | sheriff's or municipal jailer's determination, such as information | 
      
        |  | regarding the defendant's behavior immediately before, during, and | 
      
        |  | after the defendant's arrest and, if applicable, the results of any | 
      
        |  | previous assessment of the defendant.  On a determination that | 
      
        |  | there is reasonable cause to believe that the defendant has a mental | 
      
        |  | illness or is a person with an intellectual disability, the | 
      
        |  | magistrate, except as provided by Subdivision (2), shall order the | 
      
        |  | local mental health authority, local intellectual and | 
      
        |  | developmental disability authority, or another qualified mental | 
      
        |  | health or intellectual disability expert to: | 
      
        |  | (A)  collect information regarding whether the | 
      
        |  | defendant has a mental illness as defined by Section 571.003, | 
      
        |  | Health and Safety Code, or is a person with an intellectual | 
      
        |  | disability as defined by Section 591.003, Health and Safety Code, | 
      
        |  | including, if applicable, information obtained from any previous | 
      
        |  | assessment of the defendant and information regarding any | 
      
        |  | previously recommended treatment; and | 
      
        |  | (B)  provide to the magistrate a written | 
      
        |  | assessment of the information collected under Paragraph (A) on the | 
      
        |  | form approved by the Texas Correctional Office on Offenders with | 
      
        |  | Medical or Mental Impairments under Section 614.0032(b), Health and | 
      
        |  | Safety Code. | 
      
        |  | (2)  The magistrate is not required to order the | 
      
        |  | collection of information under Subdivision (1) if the defendant in | 
      
        |  | the year preceding the defendant's applicable date of arrest has | 
      
        |  | been determined to have a mental illness or to be a person with an | 
      
        |  | intellectual disability by the local mental health authority, local | 
      
        |  | intellectual and developmental disability authority, or another | 
      
        |  | mental health or intellectual disability expert described by | 
      
        |  | Subdivision (1).  A court that elects to use the results of that | 
      
        |  | previous determination may proceed under Subsection (c). | 
      
        |  | (3)  If the defendant fails or refuses to submit to the | 
      
        |  | collection of information regarding the defendant as required under | 
      
        |  | Subdivision (1), the magistrate may order the defendant to submit | 
      
        |  | to an examination in a jail or in another place determined to be | 
      
        |  | appropriate by the local mental health authority or local | 
      
        |  | intellectual and developmental disability authority for a | 
      
        |  | reasonable period not to exceed 72 hours.  If applicable, the county | 
      
        |  | in which the committing court is located shall reimburse the local | 
      
        |  | mental health authority or local intellectual and developmental | 
      
        |  | disability authority for the mileage and per diem expenses of the | 
      
        |  | personnel required to transport the defendant, calculated in | 
      
        |  | accordance with the state travel regulations in effect at the time. | 
      
        |  | SECTION 4.004.  Articles 18.01(c), (d), (e), (g), (h), and | 
      
        |  | (j), Code of Criminal Procedure, are amended to correct references | 
      
        |  | to read as follows: | 
      
        |  | (c)  A search warrant may not be issued under Article | 
      
        |  | 18.02(a)(10) [ 18.02(10)] unless the sworn affidavit required by | 
      
        |  | Subsection (b) sets forth sufficient facts to establish probable | 
      
        |  | cause: (1) that a specific offense has been committed, (2) that the | 
      
        |  | specifically described property or items that are to be searched | 
      
        |  | for or seized constitute evidence of that offense or evidence that a | 
      
        |  | particular person committed that offense, and (3) that the property | 
      
        |  | or items constituting evidence to be searched for or seized are | 
      
        |  | located at or on the particular person, place, or thing to be | 
      
        |  | searched.  Except as provided by Subsections (d), (i), and (j), only | 
      
        |  | a judge of a municipal court of record or a county court who is an | 
      
        |  | attorney licensed by the State of Texas, a statutory county court | 
      
        |  | judge, a district court judge, a judge of the Court of Criminal | 
      
        |  | Appeals, including the presiding judge, a justice of the Supreme | 
      
        |  | Court of Texas, including the chief justice, or a magistrate with | 
      
        |  | jurisdiction over criminal cases serving a district court may issue | 
      
        |  | warrants under Article 18.02(a)(10) [ 18.02(10)]. | 
      
        |  | (d)  Only the specifically described property or items set | 
      
        |  | forth in a search warrant issued under [ Subdivision (10) of] | 
      
        |  | Article 18.02(a)(10) [ 18.02 of this code] or property, items or | 
      
        |  | contraband enumerated in [ Subdivisions (1) through (9) or in  | 
      
        |  | Subdivision (12) of] Article 18.02(a)(1), (2), (3), (4), (5), (6), | 
      
        |  | (7), (8), (9), or (12) [ 18.02 of this code] may be seized.  A | 
      
        |  | subsequent search warrant may be issued pursuant to [ Subdivision  | 
      
        |  | (10) of] Article 18.02(a)(10) [18.02 of this code] to search the | 
      
        |  | same person, place, or thing subjected to a prior search under | 
      
        |  | [ Subdivision (10) of] Article 18.02(a)(10) [18.02 of this code] | 
      
        |  | only if the subsequent search warrant is issued by a judge of a | 
      
        |  | district court, a court of appeals, the court of criminal appeals, | 
      
        |  | or the supreme court. | 
      
        |  | (e)  A search warrant may not be issued under [ Subdivision  | 
      
        |  | (10) of] Article 18.02(a)(10) [18.02 of this code] to search for and | 
      
        |  | seize property or items that are not described in Article | 
      
        |  | 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or [ Subdivisions  | 
      
        |  | (1) through] (9) [of that article] and that are located in an office | 
      
        |  | of a newspaper, news magazine, television station, or radio | 
      
        |  | station, and in no event may property or items not described in | 
      
        |  | Article 18.02(a)(1), (2), (3), (4), (5), (6), (7), (8), or | 
      
        |  | [ Subdivisions (1) through] (9) [of that article] be legally seized | 
      
        |  | in any search pursuant to a search warrant of an office of a | 
      
        |  | newspaper, news magazine, television station, or radio station. | 
      
        |  | (g)  A search warrant may not be issued under [ Subdivision  | 
      
        |  | (12),] Article 18.02(a)(12) [18.02, of this code] unless the sworn | 
      
        |  | affidavit required by Subsection (b) of this article sets forth | 
      
        |  | sufficient facts to establish probable cause that a specific felony | 
      
        |  | offense has been committed and that the specifically described | 
      
        |  | property or items that are to be searched for or seized constitute | 
      
        |  | contraband as defined in Article 59.01 of this code and are located | 
      
        |  | at or on the particular person, place, or thing to be searched. | 
      
        |  | (h)  Except as provided by Subsection (i) of this article, a | 
      
        |  | warrant under [ Subdivision (12),] Article 18.02(a)(12) [18.02 of  | 
      
        |  | this code] may only be issued by: | 
      
        |  | (1)  a judge of a municipal court of record who is an | 
      
        |  | attorney licensed by the state; | 
      
        |  | (2)  a judge of a county court who is an attorney | 
      
        |  | licensed by the state; or | 
      
        |  | (3)  a judge of a statutory county court, district | 
      
        |  | court, the court of criminal appeals, or the supreme court. | 
      
        |  | (j)  Any magistrate who is an attorney licensed by this state | 
      
        |  | may issue a search warrant under Article 18.02(a)(10) [ 18.02(10)] | 
      
        |  | to collect a blood specimen from a person who: | 
      
        |  | (1)  is arrested for an offense under Section 49.04, | 
      
        |  | 49.045, 49.05, 49.06, 49.065, 49.07, or 49.08, Penal Code; and | 
      
        |  | (2)  refuses to submit to a breath or blood alcohol | 
      
        |  | test. | 
      
        |  | SECTION 4.005.  Article 18.065(a), Code of Criminal | 
      
        |  | Procedure, is amended to correct a reference to read as follows: | 
      
        |  | (a)  A warrant issued by the judge of a district court under | 
      
        |  | Article 18.02(a)(10) [ 18.02(10)] to collect a DNA specimen from a | 
      
        |  | person for the purpose of connecting that person to an offense may | 
      
        |  | be executed in any county in this state. | 
      
        |  | SECTION 4.006.  Articles 42A.651(a) and (c), Code of | 
      
        |  | Criminal Procedure, are amended to conform to the amendment of | 
      
        |  | Article 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. | 
      
        |  | 1584), Acts of the 85th Legislature, Regular Session, 2017, 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; | 
      
        |  | (2)  reimbursement of a county as described by Article | 
      
        |  | 42A.301(b)(11) [ 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(b)(11) | 
      
        |  | [ 42A.301(11)] if the defendant has already satisfied that | 
      
        |  | obligation under Article 26.05(g). | 
      
        |  | SECTION 4.007.  Article 42A.751(i), Code of Criminal | 
      
        |  | Procedure, is amended to conform to the amendment of Article | 
      
        |  | 42A.301, Code of Criminal Procedure, by Chapter 109 (S.B. 1584), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, 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 community supervision fees or court costs or by | 
      
        |  | failing to pay the costs of legal services as described by Article | 
      
        |  | 42A.301(b)(11) [ 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. | 
      
        |  | SECTION 4.008.  Article 42A.756, Code of Criminal Procedure, | 
      
        |  | is amended to more accurately reflect the source law from which it | 
      
        |  | was derived to read as follows: | 
      
        |  | Art. 42A.756.  DUE DILIGENCE DEFENSE.  For the purposes of a | 
      
        |  | hearing under Article 42A.751(d), it is an affirmative defense to | 
      
        |  | revocation for an alleged violation based on a failure to report to | 
      
        |  | a supervision officer as directed or to remain within a specified | 
      
        |  | place that no supervision officer, peace officer, or other officer | 
      
        |  | with the power of arrest under a warrant issued by a judge for that | 
      
        |  | alleged violation contacted or attempted to contact the defendant | 
      
        |  | in person at the defendant's last known residence address or last | 
      
        |  | known employment address, as reflected in the files of the | 
      
        |  | department serving the county in which the order of [ deferred  | 
      
        |  | adjudication] community supervision was entered. | 
      
        |  | SECTION 4.009.  Article 42A.757(a), Code of Criminal | 
      
        |  | Procedure, is amended to more accurately reflect the source law | 
      
        |  | from which it was derived to read as follows: | 
      
        |  | (a)  If a defendant is placed on [ deferred adjudication] | 
      
        |  | community supervision after receiving a grant of deferred | 
      
        |  | adjudication community supervision for or being convicted of an | 
      
        |  | offense under Section 21.11, 22.011, or 22.021, Penal Code, at any | 
      
        |  | time during the period of community supervision, the judge may | 
      
        |  | extend the period of community supervision as provided by this | 
      
        |  | article. | 
      
        |  | SECTION 4.010.  Article 43.09(h), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B. | 
      
        |  | 1913), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted to read as follows: | 
      
        |  | (h)  The court may order the defendant to perform community | 
      
        |  | service under Subsection (f): | 
      
        |  | (1)  by attending: | 
      
        |  | (A)  a work and job skills training program; | 
      
        |  | (B)  a preparatory class for the high school | 
      
        |  | equivalency examination administered under Section 7.111, | 
      
        |  | Education Code; | 
      
        |  | (C)  an alcohol or drug abuse program; | 
      
        |  | (D)  a rehabilitation program; | 
      
        |  | (E)  a counseling program, including a | 
      
        |  | self-improvement program; | 
      
        |  | (F)  a mentoring program; or | 
      
        |  | (G)  any similar activity; or | 
      
        |  | (2)  for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the court; or | 
      
        |  | (C)  an educational institution. | 
      
        |  | SECTION 4.011.  Article 45.049(c), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 977 (H.B. 351) and 1127 (S.B. | 
      
        |  | 1913), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted to read as follows: | 
      
        |  | (c)  The justice or judge may order the defendant to perform | 
      
        |  | community service under this article: | 
      
        |  | (1)  by attending: | 
      
        |  | (A)  a work and job skills training program; | 
      
        |  | (B)  a preparatory class for the high school | 
      
        |  | equivalency examination administered under Section 7.111, | 
      
        |  | Education Code; | 
      
        |  | (C)  an alcohol or drug abuse program; | 
      
        |  | (D)  a rehabilitation program; | 
      
        |  | (E)  a counseling program, including a | 
      
        |  | self-improvement program; | 
      
        |  | (F)  a mentoring program; or | 
      
        |  | (G)  any similar activity; or | 
      
        |  | (2)  for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; or | 
      
        |  | (C)  an educational institution. | 
      
        |  | SECTION 4.012.  (a)  Article 45.0492(d), Code of Criminal | 
      
        |  | Procedure, as added by Chapter 227 (H.B. 350), Acts of the 82nd | 
      
        |  | Legislature, Regular Session, 2011, and as amended by Chapters 977 | 
      
        |  | (H.B. 351) and 1127 (S.B. 1913), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is reenacted to read as follows: | 
      
        |  | (d)  The justice or judge may order the defendant to perform | 
      
        |  | community service under this article: | 
      
        |  | (1)  by attending: | 
      
        |  | (A)  a work and job skills training program; | 
      
        |  | (B)  a preparatory class for the high school | 
      
        |  | equivalency examination administered under Section 7.111, | 
      
        |  | Education Code; | 
      
        |  | (C)  an alcohol or drug abuse program; | 
      
        |  | (D)  a rehabilitation program; | 
      
        |  | (E)  a counseling program, including a | 
      
        |  | self-improvement program; | 
      
        |  | (F)  a mentoring program; | 
      
        |  | (G)  a tutoring program; or | 
      
        |  | (H)  any similar activity; or | 
      
        |  | (2)  for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; or | 
      
        |  | (C)  an educational institution. | 
      
        |  | (b)  Article 45.0492(d), Code of Criminal Procedure, as | 
      
        |  | added by Chapter 777 (H.B. 1964), Acts of the 82nd Legislature, | 
      
        |  | Regular Session, 2011, and as amended by Chapters 977 (H.B. 351) | 
      
        |  | and 1127 (S.B. 1913), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is reenacted to read as follows: | 
      
        |  | (d)  The justice or judge may order the defendant to perform | 
      
        |  | community service under this article: | 
      
        |  | (1)  by attending: | 
      
        |  | (A)  a work and job skills training program; | 
      
        |  | (B)  a preparatory class for the high school | 
      
        |  | equivalency examination administered under Section 7.111, | 
      
        |  | Education Code; | 
      
        |  | (C)  an alcohol or drug abuse program; | 
      
        |  | (D)  a rehabilitation program; | 
      
        |  | (E)  a counseling program, including a | 
      
        |  | self-improvement program; | 
      
        |  | (F)  a mentoring program; or | 
      
        |  | (G)  any similar activity; or | 
      
        |  | (2)  for: | 
      
        |  | (A)  a governmental entity; | 
      
        |  | (B)  a nonprofit organization or another | 
      
        |  | organization that provides services to the general public that | 
      
        |  | enhance social welfare and the general well-being of the community, | 
      
        |  | as determined by the justice or judge; or | 
      
        |  | (C)  an educational institution. | 
      
        |  | SECTION 4.013.  The heading to Chapter 46, Code of Criminal | 
      
        |  | Procedure, is amended to read as follows: | 
      
        |  | CHAPTER 46. MISCELLANEOUS PROVISIONS RELATING TO MENTAL ILLNESS AND | 
      
        |  | INTELLECTUAL DISABILITY [ INSANITY AS DEFENSE] | 
      
        |  | SECTION 4.014.  Chapter 46A, Code of Criminal Procedure, is | 
      
        |  | transferred to Chapter 361, Local Government Code, redesignated as | 
      
        |  | Subchapter Z, Chapter 361, Local Government Code, and amended to | 
      
        |  | read as follows: | 
      
        |  | SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS | 
      
        |  | [ CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS] | 
      
        |  | Sec. 361.901  [ Art. 46A.01]. AIDS AND HIV TESTING IN COUNTY | 
      
        |  | AND MUNICIPAL JAILS;  SEGREGATION[ ;  DISCLOSURE].  (a)  In this | 
      
        |  | section, [ article] "AIDS" and "HIV" have the meanings assigned | 
      
        |  | [ those terms] by Section 81.101, Health and Safety Code. | 
      
        |  | (b)  A county or municipality may test an inmate confined in | 
      
        |  | the county or municipal jail or in a contract facility authorized by | 
      
        |  | Subchapter F, Chapter 351, or Subchapter E of this chapter [ Article  | 
      
        |  | 5115d, Revised Statutes, or Article 5115e, Revised Statutes,] to | 
      
        |  | determine the proper medical treatment of the inmate or the proper | 
      
        |  | social management of the inmate or other inmates in the jail or | 
      
        |  | facility. | 
      
        |  | (c)  If the county or municipality determines that an inmate | 
      
        |  | has a positive test result for AIDS or HIV, the county or | 
      
        |  | municipality may segregate the inmate from other inmates in the | 
      
        |  | jail or facility. | 
      
        |  | (d)  This section [ article] does not provide a duty to test | 
      
        |  | for AIDS or HIV, and a cause of action does not arise under this | 
      
        |  | section [ article] from a failure to test for AIDS or HIV. | 
      
        |  | SECTION 4.015.  Article 62.053(a), Code of Criminal | 
      
        |  | Procedure, as amended by Chapters 329 (H.B. 355) and 924 (S.B. | 
      
        |  | 1553), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (a)  Before a person who will be subject to registration | 
      
        |  | under this chapter is due to be released from a penal institution, | 
      
        |  | the Texas Department of Criminal Justice or the Texas Juvenile | 
      
        |  | Justice Department shall determine the person's level of risk to | 
      
        |  | the community using the sex offender screening tool developed or | 
      
        |  | selected under Article 62.007 and assign to the person a numeric | 
      
        |  | risk level of one, two, or three.  Before releasing the person, an | 
      
        |  | official of the penal institution shall: | 
      
        |  | (1)  inform the person that: | 
      
        |  | (A)  not later than the later of the seventh day | 
      
        |  | after the date on which the person is released or after the date on | 
      
        |  | which the person moves from a previous residence to a new residence | 
      
        |  | in this state or not later than the first date the applicable local | 
      
        |  | law enforcement authority by policy allows the person to register | 
      
        |  | or verify registration, the person must register or verify | 
      
        |  | registration with the local law enforcement authority in the | 
      
        |  | municipality or county in which the person intends to reside; | 
      
        |  | (B)  not later than the seventh day after the date | 
      
        |  | on which the person is released or the date on which the person | 
      
        |  | moves from a previous residence to a new residence in this state, | 
      
        |  | the person must, if the person has not moved to an intended | 
      
        |  | residence, report to the applicable entity or entities as required | 
      
        |  | by Article 62.051(h) or (j) or 62.055(e); | 
      
        |  | (C)  not later than the seventh day before the | 
      
        |  | date on which the person moves to a new residence in this state or | 
      
        |  | another state, the person must report in person to the local law | 
      
        |  | enforcement authority designated as the person's primary | 
      
        |  | registration authority by the department and to the juvenile | 
      
        |  | probation officer, community supervision and corrections | 
      
        |  | department officer, or parole officer supervising the person; | 
      
        |  | (D)  not later than the 10th day after the date on | 
      
        |  | which the person arrives in another state in which the person | 
      
        |  | intends to reside, the person must register with the law | 
      
        |  | enforcement agency that is identified by the department as the | 
      
        |  | agency designated by that state to receive registration | 
      
        |  | information, if the other state has a registration requirement for | 
      
        |  | sex offenders; | 
      
        |  | (E)  not later than the 30th day after the date on | 
      
        |  | which the person is released, the person must apply to the | 
      
        |  | department in person for the issuance of an original or renewal | 
      
        |  | driver's license or personal identification certificate and a | 
      
        |  | failure to apply to the department as required by this paragraph | 
      
        |  | results in the automatic revocation of any driver's license or | 
      
        |  | personal identification certificate issued by the department to the | 
      
        |  | person; | 
      
        |  | (F)  the person must notify appropriate entities | 
      
        |  | of any change in status as described by Article 62.057; | 
      
        |  | (G)  certain types of employment are prohibited | 
      
        |  | under Article 62.063 for a person with a reportable conviction or | 
      
        |  | adjudication for a sexually violent offense involving a victim | 
      
        |  | younger than 14 years of age and occurring on or after September 1, | 
      
        |  | 2013; [ and] | 
      
        |  | (H)  certain locations of residence are | 
      
        |  | prohibited under Article 62.064 for a person with a reportable | 
      
        |  | conviction or adjudication for an offense occurring on or after | 
      
        |  | September 1, 2017, except as otherwise provided by that article; | 
      
        |  | and | 
      
        |  | (I) [ (H)]  if the person enters the premises of a | 
      
        |  | school as described by Article 62.065 [ 62.064] and is subject to the | 
      
        |  | requirements of that article, the person must immediately notify | 
      
        |  | the administrative office of the school of the person's presence | 
      
        |  | and the person's registration status under this chapter; | 
      
        |  | (2)  require the person to sign a written statement | 
      
        |  | that the person was informed of the person's duties as described by | 
      
        |  | Subdivision (1) or Subsection (g) or, if the person refuses to sign | 
      
        |  | the statement, certify that the person was so informed; | 
      
        |  | (3)  obtain the address or, if applicable, a detailed | 
      
        |  | description of each geographical location where the person expects | 
      
        |  | to reside on the person's release and other registration | 
      
        |  | information, including a photograph and complete set of | 
      
        |  | fingerprints; and | 
      
        |  | (4)  complete the registration form for the person. | 
      
        |  | SECTION 4.016.  Subsection (g), Article 62.058, Code of | 
      
        |  | Criminal Procedure, as added by Chapter 924 (S.B. 1553), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is redesignated as | 
      
        |  | Subsection (h), Article 62.058, Code of Criminal Procedure, and | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (h) [ (g)]  A local law enforcement authority who provides a | 
      
        |  | person with a registration form for verification as required by | 
      
        |  | this chapter shall include with the form a statement and, if | 
      
        |  | applicable, a description of the person's duty to provide notice | 
      
        |  | under Article 62.065 [ 62.064]. | 
      
        |  | SECTION 4.017.  Article 62.064, Code of Criminal Procedure, | 
      
        |  | as added by Chapter 924 (S.B. 1553), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Article 62.065, Code of | 
      
        |  | Criminal Procedure. | 
      
        |  | ARTICLE 5.  CHANGES RELATING TO EDUCATION CODE | 
      
        |  | SECTION 5.001.  Section 12.104(b), Education Code, as | 
      
        |  | amended by Chapters 324 (S.B. 1488), 522 (S.B. 179), and 735 (S.B. | 
      
        |  | 1153), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (b)  An open-enrollment charter school is subject to: | 
      
        |  | (1)  a provision of this title establishing a criminal | 
      
        |  | offense; 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, 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; | 
      
        |  | (O)  the right of a school employee to report a | 
      
        |  | crime, as provided by Section 37.148; [ and] | 
      
        |  | (P)  bullying prevention policies and procedures | 
      
        |  | under Section 37.0832; | 
      
        |  | (Q)  the right of a school under Section 37.0052 | 
      
        |  | to place a student who has engaged in certain bullying behavior in a | 
      
        |  | disciplinary alternative education program or to expel the student; | 
      
        |  | [ and] | 
      
        |  | (R)  the right under Section 37.0151 to report to | 
      
        |  | local law enforcement certain conduct constituting assault or | 
      
        |  | harassment; and | 
      
        |  | (S) [ (P)]  a parent's right to information | 
      
        |  | regarding the provision of assistance for learning difficulties to | 
      
        |  | the parent's child as provided by Sections 26.004(b)(11) and | 
      
        |  | 26.0081(c) and (d). | 
      
        |  | SECTION 5.002.  Section 21.0489(d), Education Code, as added | 
      
        |  | by Chapters 757 (S.B. 1839) and 837 (H.B. 2039), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (d)  The criteria for the course of instruction described by | 
      
        |  | Subsection (c)(1)(A) shall be developed by the board in | 
      
        |  | consultation with faculty members who provide instruction at | 
      
        |  | institutions of higher education in educator preparation programs | 
      
        |  | for an early childhood through grade six certificate. | 
      
        |  | SECTION 5.003.  Section 31.001, Education Code, as amended | 
      
        |  | by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 31.001.  FREE INSTRUCTIONAL MATERIALS.  Instructional | 
      
        |  | materials selected for use in the public schools shall be furnished | 
      
        |  | without cost to the students attending those schools.  Except as | 
      
        |  | provided by Section 31.104(d), a school district may not charge a | 
      
        |  | student for instructional material or technological equipment | 
      
        |  | purchased by the district with the district's instructional | 
      
        |  | materials and technology allotment. | 
      
        |  | SECTION 5.004.  Section 31.005, Education Code, as amended | 
      
        |  | by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 31.005.  FUNDING FOR OPEN-ENROLLMENT CHARTER SCHOOLS. | 
      
        |  | An open-enrollment charter school is entitled to the instructional | 
      
        |  | materials and technology allotment under this chapter and is | 
      
        |  | subject to this chapter as if the school were a school district. | 
      
        |  | SECTION 5.005.  (a)  Section 31.021, Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 31.021.  STATE INSTRUCTIONAL MATERIALS AND TECHNOLOGY | 
      
        |  | FUND.  (a)  The state instructional materials and technology fund | 
      
        |  | consists of: | 
      
        |  | (1)  an amount set aside by the State Board of Education | 
      
        |  | from the available school fund, in accordance with Section | 
      
        |  | 43.001(d); and | 
      
        |  | (2)  all amounts lawfully paid into the fund from any | 
      
        |  | other source. | 
      
        |  | (c)  Money in the state instructional materials and | 
      
        |  | technology fund shall be used to: | 
      
        |  | (1)  fund the instructional materials and technology | 
      
        |  | allotment, as provided by Section 31.0211; | 
      
        |  | (2)  purchase special instructional materials for the | 
      
        |  | education of blind and visually impaired students in public | 
      
        |  | schools; | 
      
        |  | (3)  pay the expenses associated with the instructional | 
      
        |  | materials adoption and review process under this chapter; | 
      
        |  | (4)  pay the expenses associated with the purchase or | 
      
        |  | licensing of open education resource instructional material; | 
      
        |  | (5)  pay the expenses associated with the purchase of | 
      
        |  | instructional material, including intrastate freight and shipping | 
      
        |  | and the insurance expenses associated with intrastate freight and | 
      
        |  | shipping; | 
      
        |  | (6)  fund the technology lending grant program | 
      
        |  | established under Section 32.301; | 
      
        |  | (7)  provide funding to the Texas School for the Blind | 
      
        |  | and Visually Impaired, the Texas School for the Deaf, and the Texas | 
      
        |  | Juvenile Justice Department; and | 
      
        |  | (8)  pay the expenses associated with the instructional | 
      
        |  | materials web portal developed under Section 31.081. | 
      
        |  | (d)  Money transferred to the state instructional materials | 
      
        |  | and technology fund remains in the fund until spent and does not | 
      
        |  | lapse to the state at the end of the fiscal year. | 
      
        |  | (b)  Section 32.302(a), Education Code, as added by Chapter | 
      
        |  | 705 (H.B. 3526), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is amended to conform to Section 4, Chapter 581 (S.B. 810), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, to read as | 
      
        |  | follows: | 
      
        |  | (a)  The commissioner may use not more than $25 million from | 
      
        |  | the state [ technology and] instructional materials and technology | 
      
        |  | fund under Section 31.021 each state fiscal biennium or a different | 
      
        |  | amount determined by appropriation to administer a grant program | 
      
        |  | established under this subchapter. | 
      
        |  | SECTION 5.006.  The heading to Section 31.0211, Education | 
      
        |  | Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | Sec. 31.0211.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY | 
      
        |  | ALLOTMENT. | 
      
        |  | SECTION 5.007.  Sections 31.0211(a) and (b), Education Code, | 
      
        |  | as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, are reenacted to read | 
      
        |  | as follows: | 
      
        |  | (a)  A school district is entitled to an allotment each | 
      
        |  | biennium from the state instructional materials and technology fund | 
      
        |  | for each student enrolled in the district on a date during the last | 
      
        |  | year of the preceding biennium specified by the commissioner.  The | 
      
        |  | commissioner shall determine the amount of the allotment per | 
      
        |  | student each biennium on the basis of the amount of money available | 
      
        |  | in the state instructional materials and technology fund to fund | 
      
        |  | the allotment.  An allotment under this section shall be | 
      
        |  | transferred from the state instructional materials and technology | 
      
        |  | fund to the credit of the district's instructional materials and | 
      
        |  | technology account as provided by Section 31.0212. | 
      
        |  | (b)  A juvenile justice alternative education program under | 
      
        |  | Section 37.011 is entitled to an allotment from the state | 
      
        |  | instructional materials and technology fund in an amount determined | 
      
        |  | by the commissioner.  The program shall use the allotment to | 
      
        |  | purchase items listed in Subsection (c) for students enrolled in | 
      
        |  | the program.  The commissioner's determination under this | 
      
        |  | subsection is final and may not be appealed. | 
      
        |  | SECTION 5.008.  The heading to Section 31.0212, Education | 
      
        |  | Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | Sec. 31.0212.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY | 
      
        |  | ACCOUNT. | 
      
        |  | SECTION 5.009.  Sections 31.0212(a), (b), (d), and (e), | 
      
        |  | Education Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. | 
      
        |  | 3526), Acts of the 85th Legislature, Regular Session, 2017, are | 
      
        |  | reenacted to read as follows: | 
      
        |  | (a)  The commissioner shall maintain an instructional | 
      
        |  | materials and technology account for each school district.  In the | 
      
        |  | first year of each biennium, the commissioner shall deposit in the | 
      
        |  | account for each district the amount of the district's | 
      
        |  | instructional materials and technology allotment under Section | 
      
        |  | 31.0211. | 
      
        |  | (b)  The commissioner shall pay the cost of instructional | 
      
        |  | materials requisitioned by a school district under Section 31.103 | 
      
        |  | using funds from the district's instructional materials and | 
      
        |  | technology account. | 
      
        |  | (d)  Money deposited in a school district's instructional | 
      
        |  | materials and technology account during each state fiscal biennium | 
      
        |  | remains in the account and available for use by the district for the | 
      
        |  | entire biennium.  At the end of each biennium, a district with | 
      
        |  | unused money in the district's account may carry forward any | 
      
        |  | remaining balance to the next biennium. | 
      
        |  | (e)  The commissioner shall adopt rules as necessary to | 
      
        |  | implement this section.  The rules must include a requirement that a | 
      
        |  | school district provide the title and publication information for | 
      
        |  | any instructional materials requisitioned or purchased by the | 
      
        |  | district with the district's instructional materials and | 
      
        |  | technology allotment. | 
      
        |  | SECTION 5.010.  Section 31.0213, Education Code, as amended | 
      
        |  | by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 31.0213.  CERTIFICATION OF USE OF INSTRUCTIONAL | 
      
        |  | MATERIALS AND TECHNOLOGY ALLOTMENT.  Each school district shall | 
      
        |  | annually certify to the commissioner that the district's | 
      
        |  | instructional materials and technology allotment has been used only | 
      
        |  | for expenses allowed by Section 31.0211. | 
      
        |  | SECTION 5.011.  Section 31.0214(a), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  Each year the commissioner shall adjust the | 
      
        |  | instructional materials and technology allotment of school | 
      
        |  | districts experiencing high enrollment growth.  The commissioner | 
      
        |  | shall establish a procedure for determining high enrollment growth | 
      
        |  | districts eligible to receive an adjustment under this section and | 
      
        |  | the amount of the instructional materials and technology allotment | 
      
        |  | those districts will receive. | 
      
        |  | SECTION 5.012.  The heading to Section 31.0215, Education | 
      
        |  | Code, as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | Sec. 31.0215.  INSTRUCTIONAL MATERIALS AND TECHNOLOGY | 
      
        |  | ALLOTMENT PURCHASES. | 
      
        |  | SECTION 5.013.  Sections 31.0215(b) and (c), Education Code, | 
      
        |  | as amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, are reenacted to read | 
      
        |  | as follows: | 
      
        |  | (b)  The commissioner may allow a school district or | 
      
        |  | open-enrollment charter school to place an order for instructional | 
      
        |  | materials before the beginning of a fiscal biennium and to receive | 
      
        |  | instructional materials before payment.  The commissioner shall | 
      
        |  | limit the cost of an order placed under this section to 80 percent | 
      
        |  | of the estimated amount to which a school district or | 
      
        |  | open-enrollment charter school is estimated to be entitled as | 
      
        |  | provided by Subsection (a) and shall first credit any balance in a | 
      
        |  | district or charter school instructional materials and technology | 
      
        |  | account to pay for an order placed under this section. | 
      
        |  | (c)  The commissioner shall make payments for orders placed | 
      
        |  | under this section as funds become available to the instructional | 
      
        |  | materials and technology fund and shall prioritize payment of | 
      
        |  | orders placed under this section over reimbursement of purchases | 
      
        |  | made directly by a school district or open-enrollment charter | 
      
        |  | school. | 
      
        |  | SECTION 5.014.  Section 31.0231(b), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (b)  A school district may select material on the list | 
      
        |  | adopted under Subsection (a) to be funded by the district's | 
      
        |  | instructional materials and technology allotment under Section | 
      
        |  | 31.0211. | 
      
        |  | SECTION 5.015.  Section 31.029(a), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  A school district shall purchase with the district's | 
      
        |  | instructional materials and technology allotment or otherwise | 
      
        |  | acquire instructional materials for use in bilingual education | 
      
        |  | classes. | 
      
        |  | SECTION 5.016.  Section 31.031(a), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  A school district may purchase with the district's | 
      
        |  | instructional materials and technology allotment or otherwise | 
      
        |  | acquire instructional materials for use in college preparatory | 
      
        |  | courses under Section 28.014. | 
      
        |  | SECTION 5.017.  Section 31.071(e), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (e)  The costs of administering this subchapter and | 
      
        |  | purchasing state-developed open education resource instructional | 
      
        |  | materials shall be paid from the state instructional materials and | 
      
        |  | technology fund, as determined by the commissioner. | 
      
        |  | SECTION 5.018.  Section 31.081(e), Education Code, as added | 
      
        |  | by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (e)  The commissioner shall use money in the state | 
      
        |  | instructional materials and technology fund to pay any expenses | 
      
        |  | associated with the web portal. | 
      
        |  | SECTION 5.019.  Section 31.083, Education Code, as added by | 
      
        |  | Chapter 705 (H.B. 3526), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 31.002(1-a), | 
      
        |  | Education Code, as amended by Chapters 581 (S.B. 810) and 942 (S.B. | 
      
        |  | 1784), Acts of the 85th Legislature, Regular Session, 2017, and | 
      
        |  | Section 31.083, Education Code, as added by Chapter 581 (S.B. 810), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 5.020.  Section 31.101(f), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (f)  The commissioner shall maintain an online requisition | 
      
        |  | system for school districts to requisition instructional materials | 
      
        |  | to be purchased with the district's instructional materials and | 
      
        |  | technology allotment. | 
      
        |  | SECTION 5.021.  Section 31.151(d), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (d)  A penalty collected under this section shall be | 
      
        |  | deposited to the credit of the state instructional materials and | 
      
        |  | technology fund. | 
      
        |  | SECTION 5.022.  Section 39.053(c), Education Code, as | 
      
        |  | amended by Chapters 807 (H.B. 22), 842 (H.B. 2223), and 1088 (H.B. | 
      
        |  | 3593), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | (c)  School districts and campuses must be evaluated based on | 
      
        |  | three domains of indicators of achievement adopted under this | 
      
        |  | section that include: | 
      
        |  | (1)  in the student achievement domain, indicators of | 
      
        |  | student achievement that must include: | 
      
        |  | (A)  for evaluating the performance of districts | 
      
        |  | and campuses generally: | 
      
        |  | (i)  an indicator that accounts for the | 
      
        |  | results of assessment instruments required under Sections | 
      
        |  | 39.023(a), (c), and (l), as applicable for the district and campus, | 
      
        |  | including the results of assessment instruments required for | 
      
        |  | graduation retaken by a student, aggregated across grade levels by | 
      
        |  | subject area, including: | 
      
        |  | (a)  for the performance standard | 
      
        |  | determined by the commissioner under Section 39.0241(a), the | 
      
        |  | percentage of students who performed satisfactorily on the | 
      
        |  | assessment instruments, aggregated across grade levels by subject | 
      
        |  | area; and | 
      
        |  | (b)  for the college readiness | 
      
        |  | performance standard as determined under Section 39.0241, the | 
      
        |  | percentage of students who performed satisfactorily on the | 
      
        |  | assessment instruments, aggregated across grade levels by subject | 
      
        |  | area; and | 
      
        |  | (ii)  an indicator that accounts for the | 
      
        |  | results of assessment instruments required under Section | 
      
        |  | 39.023(b), as applicable for the district and campus, including the | 
      
        |  | percentage of students who performed satisfactorily on the | 
      
        |  | assessment instruments, as determined by the performance standard | 
      
        |  | adopted by the agency, aggregated across grade levels by subject | 
      
        |  | area; and | 
      
        |  | (B)  for evaluating the performance of high school | 
      
        |  | campuses and districts that include high school campuses, | 
      
        |  | indicators that account for: | 
      
        |  | (i)  students who satisfy the Texas Success | 
      
        |  | Initiative (TSI) college readiness benchmarks prescribed by the | 
      
        |  | Texas Higher Education Coordinating Board under Section 51.334 on | 
      
        |  | an assessment instrument in reading or mathematics designated by | 
      
        |  | the coordinating board under that section; | 
      
        |  | (ii)  students who satisfy relevant | 
      
        |  | performance standards on advanced placement tests or similar | 
      
        |  | assessments; | 
      
        |  | (iii)  students who earn dual course credits | 
      
        |  | in the dual credit courses; | 
      
        |  | (iv)  students who enlist in the armed | 
      
        |  | forces of the United States; | 
      
        |  | (v)  students who earn industry | 
      
        |  | certifications; | 
      
        |  | (vi)  students admitted into postsecondary | 
      
        |  | industry certification programs that require as a prerequisite for | 
      
        |  | entrance successful performance at the secondary level; | 
      
        |  | (vii)  students whose successful completion | 
      
        |  | of a course or courses under Section 28.014 indicates the student's | 
      
        |  | preparation to enroll and succeed, without remediation, in an | 
      
        |  | entry-level general education course for a baccalaureate degree or | 
      
        |  | associate degree; | 
      
        |  | (viii)  students who successfully met | 
      
        |  | standards on a composite of indicators that through research | 
      
        |  | indicates the student's preparation to enroll and succeed, without | 
      
        |  | remediation, in an entry-level general education course for a | 
      
        |  | baccalaureate degree or associate degree; | 
      
        |  | (ix)  high school graduation rates, computed | 
      
        |  | in accordance with standards and definitions adopted in compliance | 
      
        |  | with the Every Student Succeeds Act (20 U.S.C. Section 6301 et seq.) | 
      
        |  | subject to the exclusions provided by Subsections (g), (g-1), | 
      
        |  | (g-2), and (g-3); | 
      
        |  | (x)  students who successfully completed an | 
      
        |  | OnRamps dual enrollment course; [ and] | 
      
        |  | (xi)  [ the percentage of] students who | 
      
        |  | successfully completed a practicum or internship approved by the | 
      
        |  | State Board of Education; and | 
      
        |  | (xii)  students who are awarded an associate | 
      
        |  | [ associate's] degree; | 
      
        |  | (2)  in the school progress domain, indicators for | 
      
        |  | effectiveness in promoting student learning, which must include: | 
      
        |  | (A)  for assessment instruments, including | 
      
        |  | assessment instruments under Subdivisions (1)(A)(i) and (ii), the | 
      
        |  | percentage of students who met the standard for improvement, as | 
      
        |  | determined by the commissioner; and | 
      
        |  | (B)  for evaluating relative performance, the | 
      
        |  | performance of districts and campuses compared to similar districts | 
      
        |  | or campuses; and | 
      
        |  | (3)  in the closing the gaps domain, the use of | 
      
        |  | disaggregated data to demonstrate the differentials among students | 
      
        |  | from different racial and ethnic groups, socioeconomic | 
      
        |  | backgrounds, and other factors, including: | 
      
        |  | (A)  students formerly receiving special | 
      
        |  | education services; | 
      
        |  | (B)  students continuously enrolled; and | 
      
        |  | (C)  students who are mobile. | 
      
        |  | SECTION 5.023.  Section 39.053(g-2), Education Code, as | 
      
        |  | amended by Chapters 807 (H.B. 22) and 890 (H.B. 3075), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (g-2)  In computing completion rates such as high school | 
      
        |  | graduation rates under Subsection (c)(1)(B)(ix), the commissioner | 
      
        |  | shall exclude students who: | 
      
        |  | (1)  are at least 18 years of age as of September 1 of | 
      
        |  | the school year as reported for the fall semester Public Education | 
      
        |  | Information Management System (PEIMS) submission and have | 
      
        |  | satisfied the credit requirements for high school graduation; | 
      
        |  | (2)  have not completed their individualized education | 
      
        |  | program under 19 T.A.C. Section 89.1070(b)(2) and the Individuals | 
      
        |  | with Disabilities Education Act (20 U.S.C. Section 1400 et seq.); | 
      
        |  | and | 
      
        |  | (3)  are enrolled and receiving individualized | 
      
        |  | education program services. | 
      
        |  | SECTION 5.024.  Section 39.101, Education Code, as added by | 
      
        |  | Chapter 807 (H.B. 22), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is transferred to Subchapter B, Chapter 39A, | 
      
        |  | Education Code, redesignated as Section 39A.0545, Education Code, | 
      
        |  | and amended to conform to the repeal of Subchapter E, Chapter 39, | 
      
        |  | Education Code, by Article 21, Chapter 324 (S.B. 1488), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | Sec. 39A.0545 [ 39.101].  NEEDS IMPROVEMENT RATING.  (a) | 
      
        |  | Notwithstanding any other law, if a school district or campus is | 
      
        |  | assigned an overall or domain performance rating of D: | 
      
        |  | (1)  the commissioner shall order the district or | 
      
        |  | campus to develop and implement a targeted improvement plan | 
      
        |  | approved by the board of trustees of the district; and | 
      
        |  | (2)  the interventions and sanctions provided by this | 
      
        |  | chapter [ subchapter] based on failure to satisfy performance | 
      
        |  | standards under Section 39.054(e) apply to the district or campus | 
      
        |  | only as provided by this section. | 
      
        |  | (b)  The interventions and sanctions provided by this | 
      
        |  | chapter [ subchapter] based on failure to satisfy performance | 
      
        |  | standards under Section 39.054(e) apply to a district or campus | 
      
        |  | ordered to develop and implement a targeted improvement plan under | 
      
        |  | Subsection (a) only if the district or campus is assigned: | 
      
        |  | (1)  an overall or domain performance rating of F; or | 
      
        |  | (2)  an overall performance rating of D as provided by | 
      
        |  | Subsection (c). | 
      
        |  | (c)  If a school district or campus is assigned an overall | 
      
        |  | performance rating of D for a school year after the district or | 
      
        |  | campus is ordered to develop and implement a targeted improvement | 
      
        |  | plan under Subsection (a), the commissioner shall implement | 
      
        |  | interventions and sanctions that apply to an unacceptable campus | 
      
        |  | and those interventions and sanctions shall continue for each | 
      
        |  | consecutive school year thereafter in which the campus is assigned | 
      
        |  | an overall performance rating of D. | 
      
        |  | (d)  The commissioner shall adopt rules as necessary to | 
      
        |  | implement this section. | 
      
        |  | SECTION 5.025.  (a)  Section 39A.002, Education Code, is | 
      
        |  | amended to conform to Section 1, Chapter 823 (H.B. 1553), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | 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; or | 
      
        |  | (9)  authorize the district to enter into a memorandum | 
      
        |  | of understanding with an institution of higher education that | 
      
        |  | provides for the assistance of the institution of higher education | 
      
        |  | in improving the district's performance. | 
      
        |  | (b)  Chapter 823 (H.B. 1553), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, which amended Sections 39.102(a) and | 
      
        |  | 39.111(c), Education Code, is repealed. | 
      
        |  | SECTION 5.026.  (a)  Section 39A.060, Education Code, is | 
      
        |  | amended to conform to Section 1, Chapter 472 (H.B. 2263), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | 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 | 
      
        |  | (2) [ (3)]  submit each updated targeted improvement | 
      
        |  | plan described by Subdivision (1) [ (2)] to the board of trustees of | 
      
        |  | the school district. | 
      
        |  | (b)  Section 39A.107, Education Code, is amended to conform | 
      
        |  | to Section 2, Chapter 472 (H.B. 2263), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, by adding Subsections (a-1) and (a-2) to | 
      
        |  | read as follows: | 
      
        |  | (a-1)  Not later than June 15 of each year, the commissioner | 
      
        |  | shall, in writing, either approve or reject any campus turnaround | 
      
        |  | plan prepared and submitted to the commissioner by a district. If | 
      
        |  | the commissioner rejects a campus turnaround plan, the commissioner | 
      
        |  | must also send the district an outline of the specific concerns | 
      
        |  | regarding the turnaround plan that resulted in the rejection. | 
      
        |  | (a-2)  If the commissioner rejects a campus turnaround plan, | 
      
        |  | the district must create a modified plan with assistance from | 
      
        |  | agency staff and submit the modified plan to the commissioner for | 
      
        |  | approval not later than the 60th day after the date the commissioner | 
      
        |  | rejects the campus turnaround plan.  The commissioner shall notify | 
      
        |  | the district in writing of the commissioner's decision regarding | 
      
        |  | the modified plan not later than the 15th day after the date the | 
      
        |  | commissioner receives the modified plan. | 
      
        |  | (c)  Chapter 472 (H.B. 2263), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, which amended Sections 39.106(e) and 39.107, | 
      
        |  | Education Code, is repealed. | 
      
        |  | SECTION 5.027.  Section 41.124(c), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (c)  A school district that receives tuition for a student | 
      
        |  | from a school district with a wealth per student that exceeds the | 
      
        |  | equalized wealth level may not claim attendance for that student | 
      
        |  | for purposes of Chapters 42 and 46 and the instructional materials | 
      
        |  | and technology allotment under Section 31.0211. | 
      
        |  | SECTION 5.028.  Section 43.001(d), Education Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (d)  Each biennium the State Board of Education shall set | 
      
        |  | aside an amount equal to 50 percent of the distribution for that | 
      
        |  | biennium from the permanent school fund to the available school | 
      
        |  | fund as provided by Section 5(a), Article VII, Texas Constitution, | 
      
        |  | to be placed, subject to the General Appropriations Act, in the | 
      
        |  | state instructional materials and technology fund established | 
      
        |  | under Section 31.021. | 
      
        |  | SECTION 5.029.  Section 61.0664(f), Education Code, is | 
      
        |  | amended to conform to Section 1.11, Chapter 842 (H.B. 2223), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, to read as follows: | 
      
        |  | (f)  The board, in consultation with public junior college | 
      
        |  | districts, shall identify five junior college districts | 
      
        |  | representative of each of the public junior college district peer | 
      
        |  | groups as identified by the board, with two selected from the peer | 
      
        |  | groups of the largest junior college district, and the geographic | 
      
        |  | diversity of this state for the purpose of implementing a pilot | 
      
        |  | program to develop and recommend minimum reporting language for | 
      
        |  | financial and instructional cost information, including | 
      
        |  | information relating to instruction of persons with intellectual | 
      
        |  | and developmental disabilities. In consultation with the | 
      
        |  | Legislative Budget Board, the junior college districts | 
      
        |  | participating in the program shall study best practices for the | 
      
        |  | reporting of revenue and costs allocated across the districts and | 
      
        |  | the practicability of disaggregating financial and instructional | 
      
        |  | cost information by instructional site within a junior college | 
      
        |  | district. Participants in the study shall consider the following | 
      
        |  | data: | 
      
        |  | (1)  the number of contact hours, including those | 
      
        |  | generated from distance learning; | 
      
        |  | (2)  student attainment of completion milestones as | 
      
        |  | measured by a performance funding formula established by the | 
      
        |  | coordinating board under Section 51.340(b) [ 51.3062(m)]; | 
      
        |  | (3)  the total amount of state appropriations, tax | 
      
        |  | revenue, in-district and out-of-district tuition and fee revenue, | 
      
        |  | or any other revenue received by the junior college districts and | 
      
        |  | the rates or methods by which those revenues are collected; | 
      
        |  | (4)  the amount of money expended by the junior college | 
      
        |  | districts for programs related to the participation, retention, and | 
      
        |  | graduation of persons with intellectual and developmental | 
      
        |  | disabilities; | 
      
        |  | (5)  a statement of the total amount of money expended | 
      
        |  | by the junior college districts; | 
      
        |  | (6)  the number of full-time and adjunct faculty; and | 
      
        |  | (7)  any other relevant data or reporting | 
      
        |  | methodologies. | 
      
        |  | SECTION 5.030.  Section 61.607(b), Education Code, as | 
      
        |  | amended by Chapters 891 (H.B. 3083) and 1101 (H.B. 3808), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (b)  The total amount of repayment assistance received by a | 
      
        |  | mental health professional under this subchapter may not exceed: | 
      
        |  | (1)  $160,000, for assistance from the state received | 
      
        |  | by a licensed physician; | 
      
        |  | (2)  $80,000, for assistance from the state received | 
      
        |  | by: | 
      
        |  | (A)  a psychologist; | 
      
        |  | (B)  a licensed clinical social worker, if the | 
      
        |  | social worker has received a doctoral degree related to social | 
      
        |  | work; | 
      
        |  | (C)  a licensed professional counselor, if the | 
      
        |  | counselor has received a doctoral degree related to counseling; or | 
      
        |  | (D)  a licensed marriage and family therapist, if | 
      
        |  | the marriage and family therapist has received a doctoral degree | 
      
        |  | related to marriage and family therapy; | 
      
        |  | (3)  $60,000, for assistance from the state received by | 
      
        |  | an advanced practice registered nurse; | 
      
        |  | (4)  $40,000, for assistance from the state received by | 
      
        |  | a licensed clinical social worker, a licensed marriage and family | 
      
        |  | therapist, or a licensed professional counselor who is not | 
      
        |  | described by Subdivision (2); and | 
      
        |  | (5)  $10,000, for assistance from the state received by | 
      
        |  | a licensed chemical dependency counselor, if the chemical | 
      
        |  | dependency counselor has received an associate degree related to | 
      
        |  | chemical dependency counseling or behavioral science. | 
      
        |  | ARTICLE 6.  CHANGES RELATING TO ESTATES CODE | 
      
        |  | SECTION 6.001.  Section 752.113(c), Estates Code, is amended | 
      
        |  | to correct a typographical error to read as follows: | 
      
        |  | (c)  Unless the principal has granted the authority to create | 
      
        |  | or change a beneficiary designation expressly as required by | 
      
        |  | Section 751.031(b)(4), an agent may be named a beneficiary under a | 
      
        |  | retirement plan only to the extent the agent was [ a] named a | 
      
        |  | beneficiary by the principal under the retirement plan, or in the | 
      
        |  | case of a rollover or trustee-to-trustee transfer, the predecessor | 
      
        |  | retirement plan. | 
      
        |  | ARTICLE 7.  CHANGES RELATING TO FAMILY CODE | 
      
        |  | SECTION 7.001.  Section 58.003(c-3), Family Code, as amended | 
      
        |  | by Chapters 324 (S.B. 1488) and 685 (H.B. 29), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is repealed to conform to the | 
      
        |  | repeal of Section 58.003, Family Code, by Chapter 746 (S.B. 1304), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 7.002.  Section 58.252, Family Code, is amended to | 
      
        |  | correct a reference to read as follows: | 
      
        |  | Sec. 58.252.  EXEMPTED RECORDS.  The following records are | 
      
        |  | exempt from this subchapter: | 
      
        |  | (1)  records relating to a criminal combination or | 
      
        |  | criminal street gang maintained by the Department of Public Safety | 
      
        |  | or a local law enforcement agency under Chapter 67 [ 61], Code of | 
      
        |  | Criminal Procedure; | 
      
        |  | (2)  sex offender registration records maintained by | 
      
        |  | the Department of Public Safety or a local law enforcement agency | 
      
        |  | under Chapter 62, Code of Criminal Procedure; and | 
      
        |  | (3)  records collected or maintained by the Texas | 
      
        |  | Juvenile Justice Department for statistical and research purposes, | 
      
        |  | including data submitted under Section 221.007, Human Resources | 
      
        |  | Code, and personally identifiable information. | 
      
        |  | SECTION 7.003.  Section 155.201(d), Family Code, as added by | 
      
        |  | Chapters 317 (H.B. 7) and 572 (S.B. 738), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is repealed as duplicative of | 
      
        |  | Section 155.201(d), Family Code, as added by Chapter 910 (S.B. | 
      
        |  | 999), Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 7.004.  (a) Section 262.201(a), Family Code, as | 
      
        |  | amended by Chapters 317 (H.B. 7) and 910 (S.B. 999), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  In a suit filed under Section 262.101 or 262.105, unless | 
      
        |  | the child has already been returned to the parent, managing | 
      
        |  | conservator, possessory conservator, guardian, caretaker, or | 
      
        |  | custodian entitled to possession and the temporary order, if any, | 
      
        |  | has been dissolved, a full adversary hearing shall be held not later | 
      
        |  | than the 14th day after the date the child was taken into possession | 
      
        |  | by the governmental entity, unless the court grants an extension | 
      
        |  | under Subsection (e) or (e-1). | 
      
        |  | (b)  Section 262.201(e-1), Family Code, as added by Chapter | 
      
        |  | 910 (S.B. 999), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is amended to conform to Section 262.201(a-5), Family Code, | 
      
        |  | as added by Chapter 317 (H.B. 7), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, to read as follows: | 
      
        |  | (e-1)  If a parent who is not indigent appears in opposition | 
      
        |  | to the suit, the court may, for good cause shown, postpone the full | 
      
        |  | adversary hearing for not more than seven days from the date of the | 
      
        |  | parent's appearance to allow the parent to hire an attorney or to | 
      
        |  | provide the parent's attorney time to respond to the petition and | 
      
        |  | prepare for the hearing.  A postponement under this subsection is | 
      
        |  | subject to the limits and requirements prescribed by Subsection (e) | 
      
        |  | and Section 155.207. | 
      
        |  | (c)  Section 262.201(a-5), Family Code, as added by Chapter | 
      
        |  | 317 (H.B. 7), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | is repealed as duplicative of Section 262.201(e-1), Family Code, as | 
      
        |  | added by Chapter 910 (S.B. 999), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017. | 
      
        |  | SECTION 7.005.  Section 264.018(d-1), Family Code, as added | 
      
        |  | by Chapter 317 (H.B. 7), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 264.018(d-1), | 
      
        |  | Family Code, as added by Chapter 319 (S.B. 11), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017. | 
      
        |  | SECTION 7.006.  (a)  Subchapter B-1, Chapter 264, Family | 
      
        |  | Code, as added by Chapter 319 (S.B. 11), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is amended to conform to | 
      
        |  | Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, by adding Section 264.170, Family Code, to read as | 
      
        |  | follows: | 
      
        |  | Sec. 264.170.  LIMITED LIABILITY FOR SINGLE SOURCE CONTINUUM | 
      
        |  | CONTRACTOR AND RELATED PERSONNEL.  (a)  A nonprofit entity that | 
      
        |  | contracts with the department to provide services as a single | 
      
        |  | source continuum contractor under this subchapter is considered to | 
      
        |  | be a charitable organization for the purposes of Chapter 84, Civil | 
      
        |  | Practice and Remedies Code, with respect to the provision of those | 
      
        |  | services, and that chapter applies to the entity and any person who | 
      
        |  | is an employee or volunteer of the entity. | 
      
        |  | (b)  The limitations on liability provided by this section | 
      
        |  | apply: | 
      
        |  | (1)  only to an act or omission by the entity or person, | 
      
        |  | as applicable, that occurs while the entity or person is acting | 
      
        |  | within the course and scope of the entity's contract with the | 
      
        |  | department and the person's duties for the entity; and | 
      
        |  | (2)  only if insurance coverage in the minimum amounts | 
      
        |  | required by Chapter 84, Civil Practice and Remedies Code, is in | 
      
        |  | force and effect at the time a cause of action for personal injury, | 
      
        |  | death, or property damage accrues. | 
      
        |  | (b)  Subchapter B-1, Chapter 264, Family Code, as added by | 
      
        |  | Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed. | 
      
        |  | SECTION 7.007.  Section 265.005(b), Family Code, as amended | 
      
        |  | by Chapters 319 (S.B. 11) and 822 (H.B. 1549), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | (b)  A strategic plan required under this section must: | 
      
        |  | (1)  identify methods to leverage other sources of | 
      
        |  | funding or provide support for existing community-based prevention | 
      
        |  | efforts; | 
      
        |  | (2)  include a needs assessment that identifies | 
      
        |  | programs to best target the needs of the highest risk populations | 
      
        |  | and geographic areas; | 
      
        |  | (3)  identify the goals and priorities for the | 
      
        |  | department's overall prevention efforts; | 
      
        |  | (4)  report the results of previous prevention efforts | 
      
        |  | using available information in the plan; | 
      
        |  | (5)  identify additional methods of measuring program | 
      
        |  | effectiveness and results or outcomes; | 
      
        |  | (6)  identify methods to collaborate with other state | 
      
        |  | agencies on prevention efforts; | 
      
        |  | (7)  identify specific strategies to implement the plan | 
      
        |  | and to develop measures for reporting on the overall progress | 
      
        |  | toward the plan's goals; [ and] | 
      
        |  | (8)  identify strategies and goals for increasing the | 
      
        |  | number of families receiving prevention and early intervention | 
      
        |  | services each year, subject to the availability of funds, to reach | 
      
        |  | targets set by the department for providing services to families | 
      
        |  | that are eligible to receive services through parental education, | 
      
        |  | family support, and community-based programs financed with | 
      
        |  | federal, state, local, or private resources; and | 
      
        |  | (9) [ (8)]  identify specific strategies to increase | 
      
        |  | local capacity for the delivery of prevention and early | 
      
        |  | intervention services through collaboration with communities and | 
      
        |  | stakeholders. | 
      
        |  | ARTICLE 8.  CHANGES RELATING TO GOVERNMENT CODE | 
      
        |  | PART A.  GENERAL CHANGES | 
      
        |  | SECTION 8.001.  Section 54.658(d), Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (d)  A magistrate does not have authority under Article | 
      
        |  | 18.01(c), Code of Criminal Procedure, to issue a subsequent search | 
      
        |  | warrant under Article 18.02(a)(10) [ 18.02(10)], Code of Criminal | 
      
        |  | Procedure. | 
      
        |  | SECTION 8.002.  Sections 54.906(a) and (c), Government Code, | 
      
        |  | are amended to correct references to read as follows: | 
      
        |  | (a)  A judge may refer to a magistrate any criminal case for | 
      
        |  | proceedings involving: | 
      
        |  | (1)  a bond forfeiture; | 
      
        |  | (2)  a pretrial motion; | 
      
        |  | (3)  a postconviction writ of habeas corpus; | 
      
        |  | (4)  an examining trial; | 
      
        |  | (5)  the issuance of search warrants, including a | 
      
        |  | search warrant under Article 18.02(a)(10) [ 18.02(10)], Code of | 
      
        |  | Criminal Procedure, notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure; | 
      
        |  | (6)  the setting of bonds; | 
      
        |  | (7)  the arraignment of defendants; and | 
      
        |  | (8)  any other matter the judge considers necessary and | 
      
        |  | proper, including a plea of guilty or nolo contendere from a | 
      
        |  | defendant charged with: | 
      
        |  | (A)  a felony offense; | 
      
        |  | (B)  a misdemeanor offense when charged with both | 
      
        |  | a misdemeanor offense and a felony offense; or | 
      
        |  | (C)  a misdemeanor offense. | 
      
        |  | (c)  Subsection (a)(5) does not apply to the issuance of a | 
      
        |  | subsequent search warrant under Article 18.02(a)(10) [ 18.02(10)], | 
      
        |  | Code of Criminal Procedure. | 
      
        |  | SECTION 8.003.  Section 54.908, Government Code, is amended | 
      
        |  | to correct references to read as follows: | 
      
        |  | Sec. 54.908.  POWERS.  (a)  Except as limited by an order of | 
      
        |  | referral, a magistrate to whom a case is referred may: | 
      
        |  | (1)  conduct hearings; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on admissibility of evidence; | 
      
        |  | (5)  issue summons for the appearance of witnesses; | 
      
        |  | (6)  examine witnesses; | 
      
        |  | (7)  swear witnesses for hearings; | 
      
        |  | (8)  make findings of fact on evidence; | 
      
        |  | (9)  formulate conclusions of law; | 
      
        |  | (10)  rule on a pretrial motion; | 
      
        |  | (11)  recommend the rulings, orders, or judgment to be | 
      
        |  | made in a case; | 
      
        |  | (12)  regulate proceedings in a hearing; | 
      
        |  | (13)  accept a plea of guilty or nolo contendere from a | 
      
        |  | defendant charged with: | 
      
        |  | (A)  a felony offense; | 
      
        |  | (B)  a misdemeanor offense when charged with both | 
      
        |  | a misdemeanor offense and a felony offense; or | 
      
        |  | (C)  a misdemeanor offense; | 
      
        |  | (14)  notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure, issue a search warrant under Article | 
      
        |  | 18.02(a)(10) [ 18.02(10)], Code of Criminal Procedure; and | 
      
        |  | (15)  do any act and take any measure necessary and | 
      
        |  | proper for the efficient performance of the duties required by the | 
      
        |  | order of referral. | 
      
        |  | (b)  A magistrate does not have authority under Subsection | 
      
        |  | (a)(14) to issue a subsequent search warrant under Article | 
      
        |  | 18.02(a)(10) [ 18.02(10)], Code of Criminal Procedure. | 
      
        |  | SECTION 8.004.  Sections 54.978(a) and (d), Government Code, | 
      
        |  | are amended to correct references to read as follows: | 
      
        |  | (a)  Except as limited by an order of referral, a magistrate | 
      
        |  | to whom a case or matter related to a criminal case is referred may: | 
      
        |  | (1)  conduct hearings; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on admissibility of evidence; | 
      
        |  | (5)  issue summons for the appearance of witnesses; | 
      
        |  | (6)  examine witnesses; | 
      
        |  | (7)  swear witnesses for hearings; | 
      
        |  | (8)  make findings of fact on evidence; | 
      
        |  | (9)  formulate conclusions of law; | 
      
        |  | (10)  rule on pretrial motions; | 
      
        |  | (11)  recommend the rulings, orders, or judgment to be | 
      
        |  | made in a case; | 
      
        |  | (12)  regulate proceedings in a hearing; | 
      
        |  | (13)  in any case referred under Section 54.976(a)(1): | 
      
        |  | (A)  accept a negotiated plea of guilty; | 
      
        |  | (B)  enter a finding of guilt and impose or | 
      
        |  | suspend sentence; or | 
      
        |  | (C)  defer adjudication of guilty; | 
      
        |  | (14)  notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure, issue a search warrant under Article | 
      
        |  | 18.02(a)(10) [ 18.02(10)], Code of Criminal Procedure; | 
      
        |  | (15)  notwithstanding Article 18.01(h), Code of | 
      
        |  | Criminal Procedure, issue a search warrant under Article | 
      
        |  | 18.02(a)(12) [ 18.02(12)], Code of Criminal Procedure; and | 
      
        |  | (16)  do any act and take any measure necessary and | 
      
        |  | proper for the efficient performance of the duties required by the | 
      
        |  | order of referral. | 
      
        |  | (d)  A magistrate does not have authority under Subsection | 
      
        |  | (a)(14) to issue a subsequent search warrant under Article | 
      
        |  | 18.02(a)(10) [ 18.02(10)], Code of Criminal Procedure. | 
      
        |  | SECTION 8.005.  Section 54A.006(a), Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  A judge may refer to an associate judge any matter | 
      
        |  | arising out of a criminal case involving: | 
      
        |  | (1)  a negotiated plea of guilty or no contest before | 
      
        |  | the court; | 
      
        |  | (2)  a bond forfeiture; | 
      
        |  | (3)  a pretrial motion; | 
      
        |  | (4)  a writ of habeas corpus; | 
      
        |  | (5)  an examining trial; | 
      
        |  | (6)  an occupational driver's license; | 
      
        |  | (7)  an appeal of an administrative driver's license | 
      
        |  | revocation hearing; | 
      
        |  | (8)  a civil commitment matter under Subtitle C, Title | 
      
        |  | 7, Health and Safety Code; | 
      
        |  | (9)  setting, adjusting, or revoking bond; | 
      
        |  | (10)  the issuance of search warrants, including a | 
      
        |  | search warrant under Article 18.02(a)(10) [ 18.02(10)], Code of | 
      
        |  | Criminal Procedure, notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure; and | 
      
        |  | (11)  any other matter the judge considers necessary | 
      
        |  | and proper. | 
      
        |  | SECTION 8.006.  Section 54A.008(a), Government Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  Except as limited by an order of referral, an associate | 
      
        |  | judge to whom a case is referred may: | 
      
        |  | (1)  conduct hearings; | 
      
        |  | (2)  hear evidence; | 
      
        |  | (3)  compel production of relevant evidence; | 
      
        |  | (4)  rule on the admissibility of evidence; | 
      
        |  | (5)  issue summons for the appearance of witnesses; | 
      
        |  | (6)  examine a witness; | 
      
        |  | (7)  swear a witness for a hearing; | 
      
        |  | (8)  make findings of fact on evidence; | 
      
        |  | (9)  formulate conclusions of law; | 
      
        |  | (10)  rule on pretrial motions; | 
      
        |  | (11)  recommend the rulings, orders, or judgment to be | 
      
        |  | made in a case; | 
      
        |  | (12)  regulate proceedings in a hearing; | 
      
        |  | (13)  order the attachment of a witness or party who | 
      
        |  | fails to obey a subpoena; | 
      
        |  | (14)  accept a plea of guilty from a defendant charged | 
      
        |  | with misdemeanor, felony, or both misdemeanor and felony offenses; | 
      
        |  | (15)  select a jury; | 
      
        |  | (16)  notwithstanding Article 18.01(c), Code of | 
      
        |  | Criminal Procedure, issue a search warrant, including a search | 
      
        |  | warrant under Article 18.02(a)(10) [ 18.02(10)], Code of Criminal | 
      
        |  | Procedure; and | 
      
        |  | (17)  take action as necessary and proper for the | 
      
        |  | efficient performance of the duties required by the order of | 
      
        |  | referral. | 
      
        |  | SECTION 8.007.  Section 124.001(b), Government Code, as | 
      
        |  | amended by Chapters 693 (H.B. 322) and 889 (H.B. 3069), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (b)  If a defendant who was arrested for or charged with, but | 
      
        |  | not convicted of or placed on deferred adjudication community | 
      
        |  | supervision for, an offense successfully completes a veterans | 
      
        |  | treatment court program, after notice to the attorney representing | 
      
        |  | the state and a hearing in the veterans treatment court at which | 
      
        |  | that court determines that a dismissal is in the best interest of | 
      
        |  | justice, the veterans treatment court shall provide to the court in | 
      
        |  | which the criminal case is pending information about the dismissal | 
      
        |  | and shall include all of the information required about the | 
      
        |  | defendant for a petition for expunction under Section 2(b), Article | 
      
        |  | 55.02, Code of Criminal Procedure.  The court in which the criminal | 
      
        |  | case is pending shall dismiss the case against the defendant and: | 
      
        |  | (1)  if that trial court is a district court, the court | 
      
        |  | may, with the consent of the attorney representing the state, enter | 
      
        |  | an order of expunction on behalf of the defendant under Section | 
      
        |  | 1a(a-1), Article 55.02, Code of Criminal Procedure; or | 
      
        |  | (2)  if that trial court is not a district court, the | 
      
        |  | court may, with the consent of the attorney representing the state, | 
      
        |  | forward the appropriate dismissal and expunction information to | 
      
        |  | enable a district court with jurisdiction to enter an order of | 
      
        |  | expunction on behalf of the defendant under Section 1a(a-1), | 
      
        |  | Article 55.02, Code of Criminal Procedure. | 
      
        |  | SECTION 8.008.  Section 325.025(b), Government Code, as | 
      
        |  | amended by Chapters 975 (S.B. 2262) and 1046 (H.B. 1920), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (b)  This section applies to the: | 
      
        |  | (1)  Angelina and Neches River Authority; | 
      
        |  | (2)  Bandera County River Authority and Groundwater | 
      
        |  | District; | 
      
        |  | (3)  Brazos River Authority; | 
      
        |  | (4)  Guadalupe-Blanco River Authority; | 
      
        |  | (5)  Lavaca-Navidad River Authority; | 
      
        |  | (6)  Lower Colorado River Authority; | 
      
        |  | (7)  Lower Neches Valley Authority; | 
      
        |  | (8)  Nueces River Authority; | 
      
        |  | (9)  Red River Authority of Texas; | 
      
        |  | (10)  Sabine River Authority of Texas; | 
      
        |  | (11)  San Antonio River Authority; | 
      
        |  | (12)  San Jacinto River Authority; | 
      
        |  | (13)  Sulphur River Basin Authority; | 
      
        |  | (14)  Trinity River Authority of Texas; | 
      
        |  | (15)  Upper Colorado River Authority; and | 
      
        |  | (16)  Upper Guadalupe River Authority. | 
      
        |  | SECTION 8.009.  Section 403.093(d), Government Code, as | 
      
        |  | amended by Chapters 581 (S.B. 810) and 705 (H.B. 3526), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (d)  The comptroller shall transfer from the general revenue | 
      
        |  | fund to the foundation school fund an amount of money necessary to | 
      
        |  | fund the foundation school program as provided by Chapter 42, | 
      
        |  | Education Code.  The comptroller shall make the transfers in | 
      
        |  | installments as necessary to comply with Section 42.259, Education | 
      
        |  | Code, and permit the Texas Education Agency, to the extent | 
      
        |  | authorized by the General Appropriations Act, to make temporary | 
      
        |  | transfers from the foundation school fund for payment of the | 
      
        |  | instructional materials and technology allotment under Section | 
      
        |  | 31.0211, Education Code.  Unless an earlier date is necessary for | 
      
        |  | purposes of temporary transfers for payment of the instructional | 
      
        |  | materials and technology allotment, an installment must be made not | 
      
        |  | earlier than two days before the date an installment to school | 
      
        |  | districts is required by Section 42.259, Education Code, and must | 
      
        |  | not exceed the amount necessary for that payment and any temporary | 
      
        |  | transfers for payment of the instructional materials and technology | 
      
        |  | allotment. | 
      
        |  | SECTION 8.010.  Section 411.0765(b), Government Code, is | 
      
        |  | amended to correct a typographical error to read as follows: | 
      
        |  | (b)  A criminal justice agency may disclose criminal history | 
      
        |  | record information that is the subject of an order of nondisclosure | 
      
        |  | of criminal history record information under this subchapter to the | 
      
        |  | following noncriminal justice agencies or entities only: | 
      
        |  | (1)  the State Board for Educator Certification; | 
      
        |  | (2)  a school district, charter school, private school, | 
      
        |  | regional education service center, commercial transportation | 
      
        |  | company, or education shared services [ service] arrangement; | 
      
        |  | (3)  the Texas Medical Board; | 
      
        |  | (4)  the Texas School for the Blind and Visually | 
      
        |  | Impaired; | 
      
        |  | (5)  the Board of Law Examiners; | 
      
        |  | (6)  the State Bar of Texas; | 
      
        |  | (7)  a district court regarding a petition for name | 
      
        |  | change under Subchapter B, Chapter 45, Family Code; | 
      
        |  | (8)  the Texas School for the Deaf; | 
      
        |  | (9)  the Department of Family and Protective Services; | 
      
        |  | (10)  the Texas Juvenile Justice Department; | 
      
        |  | (11)  the Department of Assistive and Rehabilitative | 
      
        |  | Services; | 
      
        |  | (12)  the Department of State Health Services, a local | 
      
        |  | mental health service, a local intellectual and developmental | 
      
        |  | disability authority, or a community center providing services to | 
      
        |  | persons with mental illness or intellectual or developmental | 
      
        |  | disabilities; | 
      
        |  | (13)  the Texas Private Security Board; | 
      
        |  | (14)  a municipal or volunteer fire department; | 
      
        |  | (15)  the Texas Board of Nursing; | 
      
        |  | (16)  a safe house providing shelter to children in | 
      
        |  | harmful situations; | 
      
        |  | (17)  a public or nonprofit hospital or hospital | 
      
        |  | district, or a facility as defined by Section 250.001, Health and | 
      
        |  | Safety Code; | 
      
        |  | (18)  the securities commissioner, the banking | 
      
        |  | commissioner, the savings and mortgage lending commissioner, the | 
      
        |  | consumer credit commissioner, or the credit union commissioner; | 
      
        |  | (19)  the Texas State Board of Public Accountancy; | 
      
        |  | (20)  the Texas Department of Licensing and Regulation; | 
      
        |  | (21)  the Health and Human Services Commission; | 
      
        |  | (22)  the Department of Aging and Disability Services; | 
      
        |  | (23)  the Texas Education Agency; | 
      
        |  | (24)  the Judicial Branch Certification Commission; | 
      
        |  | (25)  a county clerk's office in relation to a | 
      
        |  | proceeding for the appointment of a guardian under Title 3, Estates | 
      
        |  | Code; | 
      
        |  | (26)  the Department of Information Resources but only | 
      
        |  | regarding an employee, applicant for employment, contractor, | 
      
        |  | subcontractor, intern, or volunteer who provides network security | 
      
        |  | services under Chapter 2059 to: | 
      
        |  | (A)  the Department of Information Resources; or | 
      
        |  | (B)  a contractor or subcontractor of the | 
      
        |  | Department of Information Resources; | 
      
        |  | (27)  the Texas Department of Insurance; | 
      
        |  | (28)  the Teacher Retirement System of Texas; | 
      
        |  | (29)  the Texas State Board of Pharmacy; | 
      
        |  | (30)  the Texas Civil Commitment Office; | 
      
        |  | (31)  a bank, savings bank, savings and loan | 
      
        |  | association, credit union, or mortgage banker, a subsidiary or | 
      
        |  | affiliate of those entities, or another financial institution | 
      
        |  | regulated by a state regulatory entity listed in Subdivision (18) | 
      
        |  | or by a corresponding federal regulatory entity, but only regarding | 
      
        |  | an employee, contractor, subcontractor, intern, or volunteer of or | 
      
        |  | an applicant for employment by that bank, savings bank, savings and | 
      
        |  | loan association, credit union, mortgage banker, subsidiary or | 
      
        |  | affiliate, or financial institution; and | 
      
        |  | (32)  an employer that has a facility that handles or | 
      
        |  | has the capability of handling, transporting, storing, processing, | 
      
        |  | manufacturing, or controlling hazardous, explosive, combustible, | 
      
        |  | or flammable materials, if: | 
      
        |  | (A)  the facility is critical infrastructure, as | 
      
        |  | defined by 42 U.S.C. Section 5195c(e), or the employer is required | 
      
        |  | to submit to a risk management plan under Section 112(r) of the | 
      
        |  | federal Clean Air Act (42 U.S.C. Section 7412) for the facility; and | 
      
        |  | (B)  the information concerns an employee, | 
      
        |  | applicant for employment, contractor, or subcontractor whose | 
      
        |  | duties involve or will involve the handling, transporting, storing, | 
      
        |  | processing, manufacturing, or controlling hazardous, explosive, | 
      
        |  | combustible, or flammable materials and whose background is | 
      
        |  | required to be screened under a federal provision described by | 
      
        |  | Paragraph (A). | 
      
        |  | SECTION 8.011.  (a)  Section 423.0045(a)(1), Government | 
      
        |  | Code, as amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, is reenacted | 
      
        |  | to read as follows: | 
      
        |  | (1)  "Correctional facility" means: | 
      
        |  | (A)  a confinement facility operated by or under | 
      
        |  | contract with any division of the Texas Department of Criminal | 
      
        |  | Justice; | 
      
        |  | (B)  a municipal or county jail; | 
      
        |  | (C)  a confinement facility operated by or under | 
      
        |  | contract with the Federal Bureau of Prisons; or | 
      
        |  | (D)  a secure correctional facility or secure | 
      
        |  | detention facility, as defined by Section 51.02, Family Code. | 
      
        |  | (b)  Section 423.0045(a)(1-a), Government Code, as added by | 
      
        |  | Chapter 1010 (H.B. 1424), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is reenacted to conform to the changes made to | 
      
        |  | Section 423.0045(a)(1), Government Code, by Chapter 824 (H.B. | 
      
        |  | 1643), Acts of the 85th Legislature, Regular Session, 2017, to read | 
      
        |  | as follows: | 
      
        |  | (1-a)  "Critical infrastructure facility" means: | 
      
        |  | (A)  one of the following, if completely enclosed | 
      
        |  | by a fence or other physical barrier that is obviously designed to | 
      
        |  | exclude intruders, or if clearly marked with a sign or signs that | 
      
        |  | are posted on the property, are reasonably likely to come to the | 
      
        |  | attention of intruders, and indicate that entry is forbidden: | 
      
        |  | (i)  a petroleum or alumina refinery; | 
      
        |  | (ii)  an electrical power generating | 
      
        |  | facility, substation, switching station, or electrical control | 
      
        |  | center; | 
      
        |  | (iii)  a chemical, polymer, or rubber | 
      
        |  | manufacturing facility; | 
      
        |  | (iv)  a water intake structure, water | 
      
        |  | treatment facility, wastewater treatment plant, or pump station; | 
      
        |  | (v)  a natural gas compressor station; | 
      
        |  | (vi)  a liquid natural gas terminal or | 
      
        |  | storage facility; | 
      
        |  | (vii)  a telecommunications central | 
      
        |  | switching office or any structure used as part of a system to | 
      
        |  | provide wired or wireless telecommunications services; | 
      
        |  | (viii)  a port, railroad switching yard, | 
      
        |  | trucking terminal, or other freight transportation facility; | 
      
        |  | (ix)  a gas processing plant, including a | 
      
        |  | plant used in the processing, treatment, or fractionation of | 
      
        |  | natural gas; | 
      
        |  | (x)  a transmission facility used by a | 
      
        |  | federally licensed radio or television station; | 
      
        |  | (xi)  a steelmaking facility that uses an | 
      
        |  | electric arc furnace to make steel; | 
      
        |  | (xii)  a dam that is classified as a high | 
      
        |  | hazard by the Texas Commission on Environmental Quality; or | 
      
        |  | (xiii)  a concentrated animal feeding | 
      
        |  | operation, as defined by Section 26.048, Water Code; or | 
      
        |  | (B)  if enclosed by a fence or other physical | 
      
        |  | barrier obviously designed to exclude intruders: | 
      
        |  | (i)  any portion of an aboveground oil, gas, | 
      
        |  | or chemical pipeline; | 
      
        |  | (ii)  an oil or gas drilling site; | 
      
        |  | (iii)  a group of tanks used to store crude | 
      
        |  | oil, such as a tank battery; | 
      
        |  | (iv)  an oil, gas, or chemical production | 
      
        |  | facility; | 
      
        |  | (v)  an oil or gas wellhead; or | 
      
        |  | (vi)  any oil and gas facility that has an | 
      
        |  | active flare. | 
      
        |  | SECTION 8.012.  Section 423.0045(c), Government Code, as | 
      
        |  | amended by Chapters 824 (H.B. 1643) and 1010 (H.B. 1424), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (c)  This section does not apply to: | 
      
        |  | (1)  conduct described by Subsection (b) that involves | 
      
        |  | a correctional facility, detention facility, or critical | 
      
        |  | infrastructure facility and is committed by: | 
      
        |  | (A)  the federal government, the state, or a | 
      
        |  | governmental entity; | 
      
        |  | (B)  a person under contract with or otherwise | 
      
        |  | acting under the direction or on behalf of the federal government, | 
      
        |  | the state, or a governmental entity; | 
      
        |  | (C)  a law enforcement agency; | 
      
        |  | (D)  a person under contract with or otherwise | 
      
        |  | acting under the direction or on behalf of a law enforcement agency; | 
      
        |  | or | 
      
        |  | (E)  an operator of an unmanned aircraft that is | 
      
        |  | being used for a commercial purpose, if the operation is conducted | 
      
        |  | in compliance with: | 
      
        |  | (i)  each applicable Federal Aviation | 
      
        |  | Administration rule, restriction, or exemption; and | 
      
        |  | (ii)  all required Federal Aviation | 
      
        |  | Administration authorizations; or | 
      
        |  | (2)  conduct described by Subsection (b) that involves | 
      
        |  | a critical infrastructure facility and is committed by: | 
      
        |  | (A)  an owner or operator of the critical | 
      
        |  | infrastructure facility; | 
      
        |  | (B)  a person under contract with or otherwise | 
      
        |  | acting under the direction or on behalf of an owner or operator of | 
      
        |  | the critical infrastructure facility; | 
      
        |  | (C)  a person who has the prior written consent of | 
      
        |  | the owner or operator of the critical infrastructure facility; or | 
      
        |  | (D)  the owner or occupant of the property on | 
      
        |  | which the critical infrastructure facility is located or a person | 
      
        |  | who has the prior written consent of the owner or occupant of that | 
      
        |  | property. | 
      
        |  | SECTION 8.013.  Section 434.212, Government Code, as added | 
      
        |  | by Chapter 933 (S.B. 1677), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 434.214, | 
      
        |  | Government Code, as added by Chapter 579 (S.B. 805), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 8.014.  Section 531.02013, Government Code, as | 
      
        |  | amended by Chapters 316 (H.B. 5), 319 (S.B. 11), and 1136 (H.B. | 
      
        |  | 249), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted and amended to read as follows: | 
      
        |  | Sec. 531.02013.  FUNCTIONS REMAINING WITH CERTAIN AGENCIES. | 
      
        |  | The following functions are not subject to transfer under Sections | 
      
        |  | 531.0201 and 531.02011: | 
      
        |  | (1)  the functions of the Department of Family and | 
      
        |  | Protective Services, including the statewide intake of reports and | 
      
        |  | other information, related to the following: | 
      
        |  | (A)  child protective services, including | 
      
        |  | services that are required by federal law to be provided by this | 
      
        |  | state's child welfare agency; | 
      
        |  | (B)  adult protective services, other than | 
      
        |  | investigations of the alleged abuse, neglect, or exploitation of an | 
      
        |  | elderly person or person with a disability: | 
      
        |  | (i)  in a facility operated, or in a facility | 
      
        |  | or by a person licensed, certified, or registered, by a state | 
      
        |  | agency; or | 
      
        |  | (ii)  by a provider that has contracted to | 
      
        |  | provide home and community-based services; | 
      
        |  | (C)  prevention and early intervention services; | 
      
        |  | and | 
      
        |  | (D)  investigations of alleged abuse, neglect, or | 
      
        |  | exploitation occurring at a child-care facility, including a | 
      
        |  | residential child-care facility, as those terms are defined by | 
      
        |  | Section 42.002, Human Resources Code; and | 
      
        |  | [ (D)  investigations of alleged abuse, neglect,  | 
      
        |  | or exploitation occurring at a child-care facility, as that term is  | 
      
        |  | defined in Section 40.042, Human Resources Code; and] | 
      
        |  | (2)  the public health functions of the Department of | 
      
        |  | State Health Services, including health care data collection and | 
      
        |  | maintenance of the Texas Health Care Information Collection | 
      
        |  | program. | 
      
        |  | SECTION 8.015.  Section 552.139(d), Government Code, as | 
      
        |  | added by Chapter 683 (H.B. 8), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 552.139(d), | 
      
        |  | Government Code, as added by Chapter 1042 (H.B. 1861), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 8.016.  Section 2054.516, Government Code, as added | 
      
        |  | by Chapters 683 (H.B. 8) and 955 (S.B. 1910), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted and amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 2054.516.  DATA SECURITY PLAN FOR ONLINE AND MOBILE | 
      
        |  | APPLICATIONS.  (a)  Each state agency, other than an institution of | 
      
        |  | higher education subject to Section 2054.517, implementing an | 
      
        |  | Internet website or mobile application that processes any sensitive | 
      
        |  | personal or personally identifiable information or confidential | 
      
        |  | information must: | 
      
        |  | (1)  submit a biennial data security plan to the | 
      
        |  | department not later than October 15 of each even-numbered year to | 
      
        |  | establish planned beta testing for the website or application; and | 
      
        |  | (2)  subject the website or application to a | 
      
        |  | vulnerability and penetration test and address any vulnerability | 
      
        |  | identified in the test. | 
      
        |  | (b)  The department shall review each data security plan | 
      
        |  | submitted under Subsection (a) and make any recommendations for | 
      
        |  | changes to the plan to the state agency as soon as practicable after | 
      
        |  | the department reviews the plan. | 
      
        |  | PART B.  UPDATE OF COURT FEES AND COSTS | 
      
        |  | SECTION 8.101.  Section 101.021, Government Code, is amended | 
      
        |  | to conform to Section 5.01, Chapter 912 (S.B. 1329), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, 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) . . . $25 [ $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. | 
      
        |  | SECTION 8.102.  (a) Section 101.0611, Government Code, as | 
      
        |  | effective September 1, 2019, is 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; | 
      
        |  | (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, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds, | 
      
        |  | including refunding bonds, issued for 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, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds, | 
      
        |  | including refunding bonds, issued for 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; | 
      
        |  | (I)  to fund the construction, renovation, or | 
      
        |  | improvement of Willacy County court facilities, if authorized by | 
      
        |  | the county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Willacy County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.713, Government Code) . . . not more than $20; | 
      
        |  | (J)  to fund the construction, renovation, or | 
      
        |  | improvement of Starr County court facilities, if authorized by the | 
      
        |  | county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Starr County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.713, Government Code) . . . not more than $20; and | 
      
        |  | (K)  to fund judicial and court personnel training | 
      
        |  | (Sec. 51.971, Government Code) . . . $5; | 
      
        |  | (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; | 
      
        |  | (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; | 
      
        |  | (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. | 
      
        |  | (b)  The following provisions are repealed: | 
      
        |  | (1)  Section 101.06111, Government Code; | 
      
        |  | (2)  Section 101.061194, Government Code, as added by | 
      
        |  | Chapter 781 (H.B. 1234), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017; and | 
      
        |  | (3)  Section 101.061194, Government Code, as added by | 
      
        |  | Chapter 794 (H.B. 2875), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017. | 
      
        |  | SECTION 8.103.  (a) Section 101.0811, Government Code, is | 
      
        |  | 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; | 
      
        |  | (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; | 
      
        |  | (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, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds, | 
      
        |  | including refunding bonds, issued for 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, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds, | 
      
        |  | including refunding bonds, issued for 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; | 
      
        |  | (I)  to fund the construction, renovation, or | 
      
        |  | improvement of Starr County court facilities, if authorized by the | 
      
        |  | county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Starr County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.713, Government Code) . . . not more than $20; and | 
      
        |  | (J)  to fund judicial and court personnel training | 
      
        |  | (Sec. 51.971, Government Code) . . . $5; | 
      
        |  | (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; | 
      
        |  | (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. | 
      
        |  | (b)  The following provisions of the Government Code are | 
      
        |  | repealed: | 
      
        |  | (1)  Section 101.08111; | 
      
        |  | (2)  Section 101.081193; and | 
      
        |  | (3)  Section 101.081195. | 
      
        |  | SECTION 8.104.  (a) Section 101.1011, Government Code, is | 
      
        |  | 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; | 
      
        |  | (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, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds, | 
      
        |  | including refunding bonds, issued for 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 | 
      
        |  | (G)  to fund judicial and court personnel training | 
      
        |  | (Sec. 51.971, Government Code) . . . $5; | 
      
        |  | (3)  jury fee for civil case (Sec. 51.604, Government | 
      
        |  | Code) . . . $40; | 
      
        |  | (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. | 
      
        |  | (b)  Sections 101.10111 and 101.101192, Government Code, are | 
      
        |  | repealed. | 
      
        |  | SECTION 8.105.  (a) Section 101.1212, Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.1212.  COUNTY COURT FEES AND COSTS:  GOVERNMENT | 
      
        |  | CODE.  The clerk of a county court shall collect the following fees | 
      
        |  | and costs under the Government Code: | 
      
        |  | (1)  appellate judicial system filing fees: | 
      
        |  | (A)  First or Fourteenth Court of Appeals District | 
      
        |  | (Sec. 22.2021, Government Code) . . . not more than $5; | 
      
        |  | (B)  Second Court of Appeals District (Sec. | 
      
        |  | 22.2031, Government Code) . . . $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; | 
      
        |  | (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; | 
      
        |  | (4-a)  an additional filing fee: | 
      
        |  | (A)  to fund the construction, renovation, or | 
      
        |  | improvement of Willacy County court facilities, if authorized by | 
      
        |  | the county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Willacy County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.713, Government Code) . . . not more than $20; and | 
      
        |  | (B)  to fund judicial and court personnel training | 
      
        |  | (Sec. 51.971, Government Code) . . . $5; and | 
      
        |  | (5)  a statewide electronic filing system fund fee | 
      
        |  | (Sec. 51.851, Government Code) . . . $30. | 
      
        |  | (b)  Sections 101.12121 and 101.12122, Government Code, are | 
      
        |  | repealed. | 
      
        |  | SECTION 8.106.  (a) Section 101.141(b), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (b)  A clerk of a justice court shall collect fees and costs | 
      
        |  | under other laws as follows: | 
      
        |  | (1)  the cost of a special program that a court may | 
      
        |  | order a child to attend after a finding that the child committed an | 
      
        |  | offense, if ordered by the court (Art. 45.057, Code of Criminal | 
      
        |  | Procedure) . . . costs of the program not to exceed $100; | 
      
        |  | (2)  additional filing fees: | 
      
        |  | (A)  to fund Dallas County civil court facilities | 
      
        |  | (Sec. 51.705, Government Code) . . . not more than $15; | 
      
        |  | (B)  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) | 
      
        |  | . . . $6; | 
      
        |  | (C)  to fund the improvement of Hays County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.707, Government Code) . . . not more than $15; [ and] | 
      
        |  | (D)  to fund the 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; | 
      
        |  | (E)  to fund the construction, renovation, or | 
      
        |  | improvement of Willacy County court facilities, if authorized by | 
      
        |  | the county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Willacy County | 
      
        |  | court facilities, if authorized by the county commissioners court | 
      
        |  | (Sec. 51.713, Government Code) . . . not more than $20; | 
      
        |  | (F)  to fund the construction, renovation, or | 
      
        |  | improvement of Starr County court facilities, if authorized by the | 
      
        |  | county commissioners court, and to fund the payment of the | 
      
        |  | principal of, interest on, and costs of issuance of bonds issued for | 
      
        |  | the construction, renovation, or improvement of Starr County court | 
      
        |  | facilities, if authorized by the county commissioners court (Sec. | 
      
        |  | 51.713, Government Code) . . . not more than $20; and | 
      
        |  | (G)  to fund judicial and court personnel training | 
      
        |  | (Sec. 51.971, Government Code) . . . $5; | 
      
        |  | (3)  for filing a suit in Comal County (Sec. 152.0522, | 
      
        |  | Human Resources Code) . . . $1.50; | 
      
        |  | (4)  fee for hearing on probable cause for removal of a | 
      
        |  | vehicle and placement in a storage facility if assessed by the court | 
      
        |  | (Sec. 2308.457, Occupations Code) . . . $20; and | 
      
        |  | (5)  statewide electronic filing system fund fee (Sec. | 
      
        |  | 51.851, Government Code) . . . $10. | 
      
        |  | (b)  Sections 101.1411 and 101.143, Government Code, are | 
      
        |  | repealed. | 
      
        |  | SECTION 8.107.  (a) Section 103.021, Government Code, is | 
      
        |  | amended to conform to the amendment of Article 42A.301, Code of | 
      
        |  | Criminal Procedure, by Chapter 109 (S.B. 1584), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, and is further 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(b)(17) [ 42A.301(17)], 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(b)(20) | 
      
        |  | [ 42A.301(20)], Code of Criminal Procedure) . . . not to exceed $50; | 
      
        |  | (7)  children's advocacy center fee (Art. 42A.455, Code | 
      
        |  | of Criminal Procedure) . . . not to exceed $50; | 
      
        |  | (8)  family violence center fee (Art. 42A.504(b), Code | 
      
        |  | of Criminal Procedure) . . . $100; | 
      
        |  | (9)  community supervision fee (Art. 42A.652(a), 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), 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, 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; | 
      
        |  | (20-b) a fee to defray the cost of notifying state | 
      
        |  | agencies of orders of expunction (Art. 102.006, Code of Criminal | 
      
        |  | Procedure) . . . $100 per petition; | 
      
        |  | (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. | 
      
        |  | (b)  Section 103.02101, Government Code, is repealed. | 
      
        |  | SECTION 8.108.  (a) Section 103.027(a), Government Code, as | 
      
        |  | effective September 1, 2019, is 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; | 
      
        |  | (9)  a nonrefundable program fee for a commercially | 
      
        |  | sexually exploited persons court 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; | 
      
        |  | (9-a)  a reasonable program fee for a public safety | 
      
        |  | employees treatment court program (Sec. 129.006, Government Code) | 
      
        |  | . . . not to exceed $1,000; | 
      
        |  | (9-b)  a testing, counseling, and treatment fee for | 
      
        |  | testing, counseling, or treatment performed or provided under a | 
      
        |  | public safety employees treatment court program (Sec. 129.006, | 
      
        |  | Government Code) . . . the amount necessary to cover the costs of | 
      
        |  | testing, counseling, or treatment; 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. | 
      
        |  | (b)  Sections 103.02714 and 103.02715, Government Code, are | 
      
        |  | repealed. | 
      
        |  | ARTICLE 9.  CHANGES RELATING TO HEALTH AND SAFETY CODE | 
      
        |  | SECTION 9.001.  Section 364.034(a-1), Health and Safety | 
      
        |  | Code, as added by Chapters 70 (S.B. 1229) and 143 (H.B. 1584), Acts | 
      
        |  | of the 85th Legislature, Regular Session, 2017, is reenacted and | 
      
        |  | amended to read as follows: | 
      
        |  | (a-1)  Notwithstanding Subsection (a)(2), a person is not | 
      
        |  | required to use solid waste disposal services offered by a county[ ,  | 
      
        |  | as authorized under Section 364.011(a-1),] to persons in an area of | 
      
        |  | the county located within the extraterritorial jurisdiction of a | 
      
        |  | municipality that does not provide solid waste disposal services in | 
      
        |  | that area if: | 
      
        |  | (1)  the person contracts for solid waste disposal | 
      
        |  | services with a provider that meets rules adopted by the commission | 
      
        |  | for the regulation of solid waste disposal; or | 
      
        |  | (2)  the person is a private entity that contracts to | 
      
        |  | provide temporary solid waste disposal services to a construction | 
      
        |  | site or project by furnishing a roll-off container used to | 
      
        |  | transport construction waste or demolition debris to a facility for | 
      
        |  | disposal or recycling. | 
      
        |  | SECTION 9.002.  Section 394.001(1), Health and Safety Code, | 
      
        |  | as amended and repealed by Chapter 755 (S.B. 1731), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (1)  "Certified" includes: | 
      
        |  | (A)  new vehicle or new engine certification by | 
      
        |  | the United States Environmental Protection Agency; or | 
      
        |  | (B)  certification or approval by the United | 
      
        |  | States Environmental Protection Agency of a system to convert a | 
      
        |  | vehicle or engine to operate on an alternative fuel and a | 
      
        |  | demonstration by the emissions data used to certify or approve the | 
      
        |  | vehicle or engine, if the commission determines the testing used to | 
      
        |  | obtain the emissions data is consistent with the testing required | 
      
        |  | for approval of an alternative fuel conversion system for new and | 
      
        |  | relatively new vehicles or engines under 40 C.F.R. Part 85. | 
      
        |  | ARTICLE 10.  CHANGES RELATING TO HUMAN RESOURCES CODE | 
      
        |  | SECTION 10.001.  Sections 40.040(a) and (b), Human Resources | 
      
        |  | Code, as added by Chapter 1136 (H.B. 249), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, are repealed as duplicative of | 
      
        |  | Sections 40.040(a) and (b), Human Resources Code, as added by | 
      
        |  | Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017. | 
      
        |  | SECTION 10.002.  Section 40.0581(f), Human Resources Code, | 
      
        |  | as added by Chapter 1136 (H.B. 249), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is repealed as duplicative of Section | 
      
        |  | 40.0581(f), Human Resources Code, as added by Chapter 319 (S.B. | 
      
        |  | 11), Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 10.003.  Section 42.041(b), Human Resources Code, as | 
      
        |  | amended by Chapters 244 (H.B. 871) and 317 (H.B. 7), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  This section does not apply to: | 
      
        |  | (1)  a state-operated facility; | 
      
        |  | (2)  an agency foster home; | 
      
        |  | (3)  a facility that is operated in connection with a | 
      
        |  | shopping center, business, religious organization, or | 
      
        |  | establishment where children are cared for during short periods | 
      
        |  | while parents or persons responsible for the children are attending | 
      
        |  | religious services, shopping, or engaging in other activities, | 
      
        |  | including retreats or classes for religious instruction, on or near | 
      
        |  | the premises, that does not advertise as a child-care facility or | 
      
        |  | day-care center, and that informs parents that it is not licensed by | 
      
        |  | the state; | 
      
        |  | (4)  a school or class for religious instruction that | 
      
        |  | does not last longer than two weeks and is conducted by a religious | 
      
        |  | organization during the summer months; | 
      
        |  | (5)  a youth camp licensed by the Department of State | 
      
        |  | Health Services; | 
      
        |  | (6)  a facility licensed, operated, certified, or | 
      
        |  | registered by another state agency; | 
      
        |  | (7)  an educational facility that is accredited by the | 
      
        |  | Texas Education Agency, the Southern Association of Colleges and | 
      
        |  | Schools, or an accreditation body that is a member of the Texas | 
      
        |  | Private School Accreditation Commission and that operates | 
      
        |  | primarily for educational purposes for prekindergarten and above, a | 
      
        |  | before-school or after-school program operated directly by an | 
      
        |  | accredited educational facility, or a before-school or | 
      
        |  | after-school program operated by another entity under contract with | 
      
        |  | the educational facility, if the Texas Education Agency, the | 
      
        |  | Southern Association of Colleges and Schools, or the other | 
      
        |  | accreditation body, as applicable, has approved the curriculum | 
      
        |  | content of the before-school or after-school program operated under | 
      
        |  | the contract; | 
      
        |  | (8)  an educational facility that operates solely for | 
      
        |  | educational purposes for prekindergarten through at least grade | 
      
        |  | two, that does not provide custodial care for more than one hour | 
      
        |  | during the hours before or after the customary school day, and that | 
      
        |  | is a member of an organization that promulgates, publishes, and | 
      
        |  | requires compliance with health, safety, fire, and sanitation | 
      
        |  | standards equal to standards required by state, municipal, and | 
      
        |  | county codes; | 
      
        |  | (9)  a kindergarten or preschool educational program | 
      
        |  | that is operated as part of a public school or a private school | 
      
        |  | accredited by the Texas Education Agency, that offers educational | 
      
        |  | programs through grade six, and that does not provide custodial | 
      
        |  | care during the hours before or after the customary school day; | 
      
        |  | (10)  a family home, whether registered or listed; | 
      
        |  | (11)  an educational facility that is integral to and | 
      
        |  | inseparable from its sponsoring religious organization or an | 
      
        |  | educational facility both of which do not provide custodial care | 
      
        |  | for more than two hours maximum per day, and that offers an | 
      
        |  | educational program in one or more of the following: | 
      
        |  | prekindergarten through at least grade three, elementary grades, or | 
      
        |  | secondary grades; | 
      
        |  | (12)  an emergency shelter facility, other than a | 
      
        |  | facility that would otherwise require a license as a child-care | 
      
        |  | facility under this section, that provides shelter or care to a | 
      
        |  | minor and the minor's child or children, if any, under Section | 
      
        |  | 32.201, Family Code, if the facility: | 
      
        |  | (A)  is currently under a contract with a state or | 
      
        |  | federal agency; or | 
      
        |  | (B)  meets the requirements listed under Section | 
      
        |  | 51.005(b)(3); | 
      
        |  | (13)  a juvenile detention facility certified under | 
      
        |  | Section 51.12, Family Code, a juvenile correctional facility | 
      
        |  | certified under Section 51.125, Family Code, a juvenile facility | 
      
        |  | providing services solely for the Texas Juvenile Justice | 
      
        |  | Department, or any other correctional facility for children | 
      
        |  | operated or regulated by another state agency or by a political | 
      
        |  | subdivision of the state; | 
      
        |  | (14)  an elementary-age (ages 5-13) recreation program | 
      
        |  | operated by a municipality provided the governing body of the | 
      
        |  | municipality annually adopts standards of care by ordinance after a | 
      
        |  | public hearing for such programs, that such standards are provided | 
      
        |  | to the parents of each program participant, and that the ordinances | 
      
        |  | shall include, at a minimum, staffing ratios, minimum staff | 
      
        |  | qualifications, minimum facility, health, and safety standards, | 
      
        |  | and mechanisms for monitoring and enforcing the adopted local | 
      
        |  | standards; and further provided that parents be informed that the | 
      
        |  | program is not licensed by the state and the program may not be | 
      
        |  | advertised as a child-care facility; | 
      
        |  | (15)  an annual youth camp held in a municipality with a | 
      
        |  | population of more than 1.5 million that operates for not more than | 
      
        |  | three months and that has been operated for at least 10 years by a | 
      
        |  | nonprofit organization that provides care for the homeless; | 
      
        |  | (16)  a food distribution program that: | 
      
        |  | (A)  serves an evening meal to children two years | 
      
        |  | of age or older; and | 
      
        |  | (B)  is operated by a nonprofit food bank in a | 
      
        |  | nonprofit, religious, or educational facility for not more than two | 
      
        |  | hours a day on regular business days; | 
      
        |  | (17)  a child-care facility that operates for less than | 
      
        |  | three consecutive weeks and less than 40 days in a period of 12 | 
      
        |  | months; | 
      
        |  | (18)  a program: | 
      
        |  | (A)  in which a child receives direct instruction | 
      
        |  | in a single skill, talent, ability, expertise, or proficiency; | 
      
        |  | (B)  that does not provide services or offerings | 
      
        |  | that are not directly related to the single talent, ability, | 
      
        |  | expertise, or proficiency; | 
      
        |  | (C)  that does not advertise or otherwise | 
      
        |  | represent that the program is a child-care facility, day-care | 
      
        |  | center, or licensed before-school or after-school program or that | 
      
        |  | the program offers child-care services; | 
      
        |  | (D)  that informs the parent or guardian: | 
      
        |  | (i)  that the program is not licensed by the | 
      
        |  | state; and | 
      
        |  | (ii)  about the physical risks a child may | 
      
        |  | face while participating in the program; and | 
      
        |  | (E)  that conducts background checks for all | 
      
        |  | program employees and volunteers who work with children in the | 
      
        |  | program using information that is obtained from the Department of | 
      
        |  | Public Safety; | 
      
        |  | (19)  an elementary-age (ages 5-13) recreation program | 
      
        |  | that: | 
      
        |  | (A)  adopts standards of care, including | 
      
        |  | standards relating to staff ratios, staff training, health, and | 
      
        |  | safety; | 
      
        |  | (B)  provides a mechanism for monitoring and | 
      
        |  | enforcing the standards and receiving complaints from parents of | 
      
        |  | enrolled children; | 
      
        |  | (C)  does not advertise as or otherwise represent | 
      
        |  | the program as a child-care facility, day-care center, or licensed | 
      
        |  | before-school or after-school program or that the program offers | 
      
        |  | child-care services; | 
      
        |  | (D)  informs parents that the program is not | 
      
        |  | licensed by the state; | 
      
        |  | (E)  is organized as a nonprofit organization or | 
      
        |  | is located on the premises of a participant's residence; | 
      
        |  | (F)  does not accept any remuneration other than a | 
      
        |  | nominal annual membership fee; | 
      
        |  | (G)  does not solicit donations as compensation or | 
      
        |  | payment for any good or service provided as part of the program; and | 
      
        |  | (H)  conducts background checks for all program | 
      
        |  | employees and volunteers who work with children in the program | 
      
        |  | using information that is obtained from the Department of Public | 
      
        |  | Safety; | 
      
        |  | (20)  a living arrangement in a caretaker's home | 
      
        |  | involving one or more children or a sibling group, excluding | 
      
        |  | children who are related to the caretaker, in which the caretaker: | 
      
        |  | (A)  had a prior relationship with the child or | 
      
        |  | sibling group or other family members of the child or sibling group; | 
      
        |  | (B)  does not care for more than one unrelated | 
      
        |  | child or sibling group; | 
      
        |  | (C)  does not receive compensation or solicit | 
      
        |  | donations for the care of the child or sibling group; and | 
      
        |  | (D)  has a written agreement with the parent to | 
      
        |  | care for the child or sibling group; | 
      
        |  | (21)  a living arrangement in a caretaker's home | 
      
        |  | involving one or more children or a sibling group, excluding | 
      
        |  | children who are related to the caretaker, in which: | 
      
        |  | (A)  the department is the managing conservator of | 
      
        |  | the child or sibling group; | 
      
        |  | (B)  the department placed the child or sibling | 
      
        |  | group in the caretaker's home; and | 
      
        |  | (C)  the caretaker had a long-standing and | 
      
        |  | significant relationship with the child or sibling group before the | 
      
        |  | child or sibling group was placed with the caretaker; | 
      
        |  | (22)  a living arrangement in a caretaker's home | 
      
        |  | involving one or more children or a sibling group, excluding | 
      
        |  | children who are related to the caretaker, in which the child is in | 
      
        |  | the United States on a time-limited visa under the sponsorship of | 
      
        |  | the caretaker or of a sponsoring organization; | 
      
        |  | (23)  a facility operated by a nonprofit organization | 
      
        |  | that: | 
      
        |  | (A)  does not otherwise operate as a child-care | 
      
        |  | facility that is required to be licensed under this section; | 
      
        |  | (B)  provides emergency shelter and care for not | 
      
        |  | more than 15 days to children 13 years of age or older but younger | 
      
        |  | than 18 years of age who are victims of human trafficking alleged | 
      
        |  | under Section 20A.02, Penal Code; | 
      
        |  | (C)  is located in a municipality with a | 
      
        |  | population of at least 600,000 that is in a county on an | 
      
        |  | international border; and | 
      
        |  | (D)  meets one of the following criteria: | 
      
        |  | (i)  is licensed by, or operates under an | 
      
        |  | agreement with, a state or federal agency to provide shelter and | 
      
        |  | care to children; or | 
      
        |  | (ii)  meets the eligibility requirements for | 
      
        |  | a contract under Section 51.005(b)(3); [ or] | 
      
        |  | (24)  a facility that provides respite care exclusively | 
      
        |  | for a local mental health authority under a contract with the local | 
      
        |  | mental health authority; or | 
      
        |  | (25) [ (24)]  a living arrangement in a caretaker's home | 
      
        |  | involving one or more children or a sibling group in which the | 
      
        |  | caretaker: | 
      
        |  | (A)  has a written authorization agreement under | 
      
        |  | Chapter 34, Family Code, with the parent of each child or sibling | 
      
        |  | group to care for each child or sibling group; | 
      
        |  | (B)  does not care for more than six children, | 
      
        |  | excluding children who are related to the caretaker; and | 
      
        |  | (C)  does not receive compensation for caring for | 
      
        |  | any child or sibling group. | 
      
        |  | ARTICLE 11.  CHANGES RELATING TO NATURAL RESOURCES CODE | 
      
        |  | SECTION 11.001.  Section 81.067(c), Natural Resources Code, | 
      
        |  | as amended by Chapters 57 (H.B. 1818), 72 (S.B. 1422), and 324 (S.B. | 
      
        |  | 1488), Acts of the 85th Legislature, Regular Session, 2017, is | 
      
        |  | reenacted and amended 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)  fees collected under Subchapter E, Chapter 121, | 
      
        |  | Utilities Code; | 
      
        |  | (25)  fees collected under Section 27.0321, Water Code; | 
      
        |  | [ and] | 
      
        |  | (26)  fees collected under Section 81.071; and | 
      
        |  | (27) [ (26)]  money collected under Section 81.021. | 
      
        |  | ARTICLE 12.  CHANGES RELATING TO OCCUPATIONS CODE | 
      
        |  | SECTION 12.001.  Section 562.110(i), Occupations Code, as | 
      
        |  | added by Chapter 485 (H.B. 2561), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is repealed as duplicative of Section | 
      
        |  | 562.110(k), Occupations Code. | 
      
        |  | SECTION 12.002.  Section 2308.151(b), Occupations Code, as | 
      
        |  | added by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (b)  Unless [ a person is] prohibited by a local authority | 
      
        |  | under Section 2308.2085, a person may: | 
      
        |  | (1)  perform booting operations; and | 
      
        |  | (2)  operate a booting company. | 
      
        |  | SECTION 12.003.  Section 2308.205(a), Occupations Code, as | 
      
        |  | amended by Chapters 919 (S.B. 1501) and 967 (S.B. 2065), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  A towing company that makes a nonconsent tow shall tow | 
      
        |  | the vehicle to a vehicle storage facility that is operated by a | 
      
        |  | person who holds a license to operate the facility under Chapter | 
      
        |  | 2303, unless: | 
      
        |  | (1)  the towing company agrees to take the vehicle to a | 
      
        |  | location designated by the vehicle's owner; or | 
      
        |  | (2)  the vehicle is towed under: | 
      
        |  | (A)  rules adopted under Subsection (a-1); or | 
      
        |  | (B)  Section 2308.259(b). | 
      
        |  | ARTICLE 13.  CHANGES RELATING TO PENAL CODE | 
      
        |  | SECTION 13.001.  Sections 46.05(a) and (e), Penal Code, as | 
      
        |  | amended by Chapters 155 (H.B. 1819) and 814 (H.B. 913), Acts of the | 
      
        |  | 85th Legislature, Regular Session, 2017, are reenacted and amended | 
      
        |  | to read as follows: | 
      
        |  | (a)  A person commits an offense if the person intentionally | 
      
        |  | or knowingly possesses, manufactures, transports, repairs, or | 
      
        |  | sells: | 
      
        |  | (1)  any of the following items, unless the item is | 
      
        |  | registered in the National Firearms Registration and Transfer | 
      
        |  | Record maintained by the Bureau of Alcohol, Tobacco, Firearms and | 
      
        |  | Explosives or otherwise not subject to that registration | 
      
        |  | requirement or unless the item is classified as a curio or relic by | 
      
        |  | the United States Department of Justice: | 
      
        |  | (A)  an explosive weapon; | 
      
        |  | (B)  a machine gun; or | 
      
        |  | (C)  a short-barrel firearm; | 
      
        |  | (2)  knuckles; | 
      
        |  | (3)  armor-piercing ammunition; | 
      
        |  | (4)  a chemical dispensing device; | 
      
        |  | (5)  a zip gun; | 
      
        |  | (6)  a tire deflation device; [ or] | 
      
        |  | (7)  a firearm silencer, unless the firearm silencer is | 
      
        |  | classified as a curio or relic by the United States Department of | 
      
        |  | Justice or the actor otherwise possesses, manufactures, | 
      
        |  | transports, repairs, or sells the firearm silencer in compliance | 
      
        |  | with federal law; or | 
      
        |  | (8) [ (7)]  an improvised explosive device. | 
      
        |  | (e)  An offense under Subsection (a)(1), (3), (4), (5), [ or] | 
      
        |  | (7), or (8) is a felony of the third degree.  An offense under | 
      
        |  | Subsection (a)(6) is a state jail felony.  An offense under | 
      
        |  | Subsection (a)(2) is a Class A misdemeanor. | 
      
        |  | ARTICLE 14.  CHANGES RELATING TO TAX CODE | 
      
        |  | SECTION 14.001.  Sections 5.102(d) and (e), Tax Code, are | 
      
        |  | amended to conform to Chapter 450 (H.B. 2447), Acts of the 81st | 
      
        |  | Legislature, Regular Session, 2009, to read as follows: | 
      
        |  | (d)  If the appraisal district fails to comply with the | 
      
        |  | recommendations in the report and the comptroller finds that the | 
      
        |  | board of directors of the appraisal district failed to take | 
      
        |  | remedial action reasonably designed to ensure substantial | 
      
        |  | compliance with each recommendation in the report before the first | 
      
        |  | anniversary of the date the report was issued, the comptroller | 
      
        |  | shall notify the Texas Department of Licensing and Regulation | 
      
        |  | [ Board of Tax Professional Examiners], or a successor to the | 
      
        |  | department [ board], which shall take action necessary to ensure | 
      
        |  | that the recommendations in the report are implemented as soon as | 
      
        |  | practicable. | 
      
        |  | (e)  Before February 1 of the year following the year in | 
      
        |  | which the Texas Department of Licensing and Regulation [ Board of  | 
      
        |  | Tax Professional Examiners], or its successor, takes action under | 
      
        |  | Subsection (d), and with the assistance of the comptroller, the | 
      
        |  | department [ board] shall determine whether the recommendations in | 
      
        |  | the most recent report have been substantially implemented.  The | 
      
        |  | executive director [ presiding officer] of the department [board] | 
      
        |  | shall notify the chief appraiser and the board of directors of the | 
      
        |  | appraisal district in writing of the department's [ board's] | 
      
        |  | determination. | 
      
        |  | SECTION 14.002.  Section 25.025(a), Tax Code, as amended by | 
      
        |  | Chapters 34 (S.B. 1576), 41 (S.B. 256), 193 (S.B. 510), 1006 (H.B. | 
      
        |  | 1278), and 1145 (H.B. 457), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is reenacted and amended to read as follows: | 
      
        |  | (a)  This section applies only to: | 
      
        |  | (1)  a current or former peace officer as defined by | 
      
        |  | Article 2.12, Code of Criminal Procedure, and the spouse or | 
      
        |  | surviving spouse of the peace officer; | 
      
        |  | (2)  the adult child of a current peace officer as | 
      
        |  | defined by Article 2.12, Code of Criminal Procedure; | 
      
        |  | (3)  a county jailer as defined by Section 1701.001, | 
      
        |  | Occupations Code; | 
      
        |  | (4)  an employee of the Texas Department of Criminal | 
      
        |  | Justice; | 
      
        |  | (5)  a commissioned security officer as defined by | 
      
        |  | Section 1702.002, Occupations Code; | 
      
        |  | (6)  an individual who shows that the individual, the | 
      
        |  | individual's child, or another person in the individual's household | 
      
        |  | is a victim of family violence as defined by Section 71.004, Family | 
      
        |  | Code, by providing: | 
      
        |  | (A)  a copy of a protective order issued under | 
      
        |  | Chapter 85, Family Code, or a magistrate's order for emergency | 
      
        |  | protection issued under Article 17.292, Code of Criminal Procedure; | 
      
        |  | or | 
      
        |  | (B)  other independent documentary evidence | 
      
        |  | necessary to show that the individual, the individual's child, or | 
      
        |  | another person in the individual's household is a victim of family | 
      
        |  | violence; | 
      
        |  | (7) [ (6)]  an individual who shows that the individual, | 
      
        |  | the individual's child, or another person in the individual's | 
      
        |  | household is a victim of sexual assault or abuse, stalking, or | 
      
        |  | trafficking of persons by providing: | 
      
        |  | (A)  a copy of a protective order issued under | 
      
        |  | Chapter 7A or Article 6.09, Code of Criminal Procedure, or a | 
      
        |  | magistrate's order for emergency protection issued under Article | 
      
        |  | 17.292, Code of Criminal Procedure; or | 
      
        |  | (B)  other independent documentary evidence | 
      
        |  | necessary to show that the individual, the individual's child, or | 
      
        |  | another person in the individual's household is a victim of sexual | 
      
        |  | assault or abuse, stalking, or trafficking of persons; | 
      
        |  | (8) [ (7)]  a participant in the address | 
      
        |  | confidentiality program administered by the attorney general under | 
      
        |  | Subchapter C, Chapter 56, Code of Criminal Procedure, who provides | 
      
        |  | proof of certification under Article 56.84, Code of Criminal | 
      
        |  | Procedure; | 
      
        |  | (9) [ (8)]  a federal judge, a state judge, or the | 
      
        |  | spouse of a federal judge or state judge; | 
      
        |  | (10)  a current or former district attorney, criminal | 
      
        |  | district attorney, or county or municipal attorney whose | 
      
        |  | jurisdiction includes any criminal law or child protective services | 
      
        |  | matters; | 
      
        |  | (11)  [ (9)]  a current or former employee of a district | 
      
        |  | attorney, criminal district attorney, or county or municipal | 
      
        |  | attorney whose jurisdiction includes any criminal law or child | 
      
        |  | protective services matters; | 
      
        |  | (12) [ (10)]  an officer or employee of a community | 
      
        |  | supervision and corrections department established under Chapter | 
      
        |  | 76, Government Code, who performs a duty described by Section | 
      
        |  | 76.004(b) of that code; | 
      
        |  | (13) [ (11)]  a criminal investigator of the United | 
      
        |  | States as described by Article 2.122(a), Code of Criminal | 
      
        |  | Procedure; | 
      
        |  | (14) [ (12)]  a police officer or inspector of the | 
      
        |  | United States Federal Protective Service; | 
      
        |  | (15) [ (13)]  a current or former United States attorney | 
      
        |  | or assistant United States attorney and the spouse and child of the | 
      
        |  | attorney; | 
      
        |  | (16) [ (14)]  a current or former employee of the office | 
      
        |  | of the attorney general who is or was assigned to a division of that | 
      
        |  | office the duties of which involve law enforcement; | 
      
        |  | (17) [ (15)]  a medical examiner or person who performs | 
      
        |  | forensic analysis or testing who is employed by this state or one or | 
      
        |  | more political subdivisions of this state; | 
      
        |  | (18) [ (16)]  a current or former member of the United | 
      
        |  | States armed forces who has served in an area that the president of | 
      
        |  | the United States by executive order designates for purposes of 26 | 
      
        |  | U.S.C. Section 112 as an area in which armed forces of the United | 
      
        |  | States are or have engaged in combat; | 
      
        |  | (19) [ (17)]  a current or former employee of the Texas | 
      
        |  | Juvenile Justice Department or of the predecessors in function of | 
      
        |  | the department; | 
      
        |  | (20) [ (18)]  a current or former juvenile probation or | 
      
        |  | supervision officer certified by the Texas Juvenile Justice | 
      
        |  | Department, or the predecessors in function of the department, | 
      
        |  | under Title 12, Human Resources Code; | 
      
        |  | (21) [ (19)]  a current or former employee of a juvenile | 
      
        |  | justice program or facility, as those terms are defined by Section | 
      
        |  | 261.405, Family Code; [ and] | 
      
        |  | (22) [ (18)]  a current or former employee of the Texas | 
      
        |  | Civil Commitment Office or of the predecessor in function of the | 
      
        |  | office or a division of the office; and | 
      
        |  | (23) [ (18)]  a current or former employee of a federal | 
      
        |  | judge or state judge. | 
      
        |  | SECTION 14.003.  Section 351.101(a), Tax Code, as amended by | 
      
        |  | Chapters 53 (S.B. 1365), 267 (H.B. 1896), 324 (S.B. 1488), and 785 | 
      
        |  | (H.B. 2445), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | 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)  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 if: | 
      
        |  | (A)  the municipality is located in a county with | 
      
        |  | a population of one million or less; or | 
      
        |  | (B)  the municipality has a population of more | 
      
        |  | than 67,000 and is located in two counties with 90 percent of the | 
      
        |  | municipality's territory located in a county with a population of | 
      
        |  | at least 580,000, and the remaining territory located in a county | 
      
        |  | with a population of at least four million; | 
      
        |  | (7)  subject to Section 351.1076, the promotion of | 
      
        |  | tourism by the enhancement and upgrading of existing sports | 
      
        |  | facilities or fields 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)  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; | 
      
        |  | (ix)  has a population of at least 40,000 and | 
      
        |  | the San Marcos River flows through the municipality; [ or] | 
      
        |  | (x)  has a population of more than 67,000 and | 
      
        |  | is located in two counties with 90 percent of the municipality's | 
      
        |  | territory located in a county with a population of at least 580,000, | 
      
        |  | and the remaining territory located in a county with a population of | 
      
        |  | at least four million; or | 
      
        |  | (xi) [ (x)]  contains an intersection of | 
      
        |  | Interstates 35E and 35W and at least two public universities; 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 15.  CHANGES RELATING TO TRANSPORTATION CODE | 
      
        |  | SECTION 15.001.  Section 501.072(e), Transportation Code, | 
      
        |  | as added by Chapter 969 (S.B. 2076), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is repealed as duplicative of Section | 
      
        |  | 501.072(e), Transportation Code, as added by Chapter 395 (S.B. | 
      
        |  | 1062), Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 15.002.  Section 522.035, Transportation Code, as | 
      
        |  | added by Chapter 21 (S.B. 128), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is repealed as duplicative of Section | 
      
        |  | 522.035, Transportation Code, as added by Chapter 685 (H.B. 29), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017. | 
      
        |  | SECTION 15.003.  Section 545.424(c), Transportation Code, | 
      
        |  | as amended by Chapters 438 (H.B. 62) and 1059 (H.B. 3050), Acts of | 
      
        |  | the 85th Legislature, Regular Session, 2017, is reenacted to read | 
      
        |  | as follows: | 
      
        |  | (c)  Subsection (a-1) does not apply to  a person operating a | 
      
        |  | motor vehicle while accompanied in the manner required by Section | 
      
        |  | 521.222(d)(2) for the holder of a learner license. | 
      
        |  | SECTION 15.004.  Section 644.101(b), Transportation Code, | 
      
        |  | as amended by Chapters 138 (H.B. 1355), 142 (H.B. 1570), and 324 | 
      
        |  | (S.B. 1488), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | 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; | 
      
        |  | (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; | 
      
        |  | (10)  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; [ or] | 
      
        |  | (11)  a municipality with a population between 18,000 | 
      
        |  | and 18,500 that is located entirely in a county that: | 
      
        |  | (A)  has a population of less than 200,000; | 
      
        |  | (B)  is adjacent to two counties that each have a | 
      
        |  | population of more than 1.2 million; and | 
      
        |  | (C)  contains two highways that are part of the | 
      
        |  | national system of interstate and defense highways; or | 
      
        |  | (12) [ (11)]  a municipality with a population of more | 
      
        |  | than 3,000 and less than 10,000 that: | 
      
        |  | (A)  contains a highway that is part of the | 
      
        |  | national system of interstate and defense highways; and | 
      
        |  | (B)  is located in a county with a population | 
      
        |  | between 150,000 and 155,000. | 
      
        |  | SECTION 15.005.  Sections 663.037(d) and (g), | 
      
        |  | Transportation Code, as amended by Chapters 125 (H.B. 920) and 1052 | 
      
        |  | (H.B. 1956), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | are reenacted to read as follows: | 
      
        |  | (d)  The operator of an off-highway vehicle may drive the | 
      
        |  | vehicle on a public street, road, or highway that is not an | 
      
        |  | interstate or limited-access highway if: | 
      
        |  | (1)  the transportation is in connection with: | 
      
        |  | (A)  the production, cultivation, care, | 
      
        |  | harvesting, preserving, drying, processing, canning, storing, | 
      
        |  | handling, shipping, marketing, selling, or use of agricultural | 
      
        |  | products, as defined by Section 52.002, Agriculture Code; or | 
      
        |  | (B)  utility work performed by a utility; | 
      
        |  | (2)  the operator attaches to the back of the vehicle a | 
      
        |  | triangular orange flag that is at least six feet above ground level; | 
      
        |  | (3)  the vehicle's headlights and taillights are | 
      
        |  | illuminated; | 
      
        |  | (4)  the operator holds a driver's license, as defined | 
      
        |  | by Section 521.001; | 
      
        |  | (5)  the operation of the vehicle occurs in the | 
      
        |  | daytime; and | 
      
        |  | (6)  the operation of the vehicle does not exceed a | 
      
        |  | distance of 25 miles from the point of origin to the destination. | 
      
        |  | (g)  A peace officer or other person who provides law | 
      
        |  | enforcement, firefighting, ambulance, medical, or other emergency | 
      
        |  | services, including a volunteer firefighter, may operate an | 
      
        |  | off-highway vehicle on a public street, road, or highway that is not | 
      
        |  | an interstate or limited-access highway only if: | 
      
        |  | (1)  the transportation is in connection with the | 
      
        |  | performance of the operator's official duty; | 
      
        |  | (2)  the operator attaches to the back of the vehicle a | 
      
        |  | triangular orange flag that is at least six feet above ground level; | 
      
        |  | (3)  the vehicle's headlights and taillights are | 
      
        |  | illuminated; | 
      
        |  | (4)  the operator holds a driver's license, as defined | 
      
        |  | by Section 521.001; and | 
      
        |  | (5)  the operation of the vehicle does not exceed a | 
      
        |  | distance of 10 miles from the point of origin to the destination. | 
      
        |  | ARTICLE 16.  CHANGES RELATING TO UTILITIES CODE | 
      
        |  | SECTION 16.001.  Section 39.002, Utilities Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | Sec. 39.002.  APPLICABILITY.  This chapter, other than | 
      
        |  | Sections 39.155, 39.157(e), 39.203, [ 39.903,] 39.904, 39.9051, | 
      
        |  | 39.9052, and 39.914(e), does not apply to a municipally owned | 
      
        |  | utility or an electric cooperative. Sections 39.157(e), 39.203, and | 
      
        |  | 39.904, however, apply only to a municipally owned utility or an | 
      
        |  | electric cooperative that is offering customer choice. If there is | 
      
        |  | a conflict between the specific provisions of this chapter and any | 
      
        |  | other provisions of this title, except for Chapters 40 and 41, the | 
      
        |  | provisions of this chapter control. | 
      
        |  | SECTION 16.002.  Section 39.352(g), Utilities Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (g)  If a retail electric provider serves an aggregate load | 
      
        |  | in excess of 300 megawatts within this state, not less than five | 
      
        |  | percent of the load in megawatt hours must consist of residential | 
      
        |  | customers.  This requirement applies to an affiliated retail | 
      
        |  | electric provider only with respect to load served outside of the | 
      
        |  | electric utility's service area, and, in relation to that load, the | 
      
        |  | affiliated retail electric provider shall meet the requirements of | 
      
        |  | this subsection by serving residential customers outside of the | 
      
        |  | electric utility's service area.  For the purpose of this | 
      
        |  | subsection, the load served by retail electric providers that are | 
      
        |  | under common ownership shall be combined.  A retail electric | 
      
        |  | provider may meet the requirements of this subsection by | 
      
        |  | demonstrating on an annual basis that it serves residential load | 
      
        |  | amounting to five percent of its total load or[ ,] by demonstrating | 
      
        |  | that another retail electric provider serves sufficient qualifying | 
      
        |  | residential load on its behalf[ , or by paying an amount into the  | 
      
        |  | system benefit fund equal to $1 multiplied by a number equal to the  | 
      
        |  | difference between the number of megawatt hours it sold to  | 
      
        |  | residential customers and the number of megawatt hours it was  | 
      
        |  | required to sell to such customers, or in the case of an affiliated  | 
      
        |  | retail electric provider, $1 multiplied by a number equal to the  | 
      
        |  | difference between the number of megawatt hours sold to residential  | 
      
        |  | customers outside of the electric utility's service area and the  | 
      
        |  | number of megawatt hours it was required to sell to such customers  | 
      
        |  | outside of the electric utility's service area].  Qualifying | 
      
        |  | residential load may not include customers served by an affiliated | 
      
        |  | retail electric provider in its own service area.  Each retail | 
      
        |  | electric provider shall file reports with the commission that are | 
      
        |  | necessary to implement this subsection.  This subsection applies | 
      
        |  | for 36 months after retail competition begins.  The commission | 
      
        |  | shall adopt rules to implement this subsection. | 
      
        |  | SECTION 16.003.  Section 39.905(f), Utilities Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (f)  Each [ Unless funding is provided under Section 39.903,  | 
      
        |  | each] unbundled transmission and distribution utility shall | 
      
        |  | include in its energy efficiency plan a targeted low-income energy | 
      
        |  | efficiency program [ as described by Section 39.903(f)(2)], and the | 
      
        |  | savings achieved by the program shall count toward the transmission | 
      
        |  | and distribution utility's energy efficiency goal.  The commission | 
      
        |  | shall determine the appropriate level of funding to be allocated to | 
      
        |  | both targeted and standard offer low-income energy efficiency | 
      
        |  | programs in each unbundled transmission and distribution utility | 
      
        |  | service area.  The level of funding for low-income energy | 
      
        |  | efficiency programs shall be provided from money approved by the | 
      
        |  | commission for the transmission and distribution utility's energy | 
      
        |  | efficiency programs.  The commission shall ensure that annual | 
      
        |  | expenditures for the targeted low-income energy efficiency | 
      
        |  | programs of each unbundled transmission and distribution utility | 
      
        |  | are not less than 10 percent of the transmission and distribution | 
      
        |  | utility's energy efficiency budget for the year.  A targeted | 
      
        |  | low-income energy efficiency program must comply with the same | 
      
        |  | audit requirements that apply to federal weatherization | 
      
        |  | subrecipients.  In an energy efficiency cost recovery factor | 
      
        |  | proceeding related to expenditures under this subsection, the | 
      
        |  | commission shall make findings of fact regarding whether the | 
      
        |  | utility meets requirements imposed under this subsection.  The | 
      
        |  | state agency that administers the federal weatherization | 
      
        |  | assistance program shall participate in energy efficiency cost | 
      
        |  | recovery factor proceedings related to expenditures under this | 
      
        |  | subsection to ensure that targeted low-income weatherization | 
      
        |  | programs are consistent with federal weatherization programs and | 
      
        |  | adequately funded. | 
      
        |  | SECTION 16.004.  Section 40.001(a), Utilities Code, is | 
      
        |  | amended to correct a reference to read as follows: | 
      
        |  | (a)  Notwithstanding any other provision of law, except | 
      
        |  | Sections 39.155, 39.157(e), 39.203, [ 39.903,] and 39.904, this | 
      
        |  | chapter governs the transition to and the establishment of a fully | 
      
        |  | competitive electric power industry for municipally owned | 
      
        |  | utilities.  With respect to the regulation of municipally owned | 
      
        |  | utilities, this chapter controls over any other provision of this | 
      
        |  | title, except for sections in which the term "municipally owned | 
      
        |  | utility" is specifically used. | 
      
        |  | SECTION 16.005.  Section 40.004, Utilities Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | Sec. 40.004.  JURISDICTION OF COMMISSION.  Except as | 
      
        |  | specifically otherwise provided in this chapter, the commission has | 
      
        |  | jurisdiction over municipally owned utilities only for the | 
      
        |  | following purposes: | 
      
        |  | (1)  to regulate wholesale transmission rates and | 
      
        |  | service, including terms of access, to the extent provided by | 
      
        |  | Subchapter A, Chapter 35; | 
      
        |  | (2)  to regulate certification of retail service areas | 
      
        |  | to the extent provided by Chapter 37; | 
      
        |  | (3)  to regulate rates on appeal under Subchapters D | 
      
        |  | and E, Chapter 33, subject to Section 40.051(c); | 
      
        |  | (4)  to establish a code of conduct as provided by | 
      
        |  | Section 39.157(e) applicable to anticompetitive activities and to | 
      
        |  | affiliate activities limited to structurally unbundled affiliates | 
      
        |  | of municipally owned utilities, subject to Section 40.054; | 
      
        |  | (5)  to establish terms and conditions for open access | 
      
        |  | to transmission and distribution facilities for municipally owned | 
      
        |  | utilities providing customer choice, as provided by Section 39.203; | 
      
        |  | (6)  [ to require collection of the nonbypassable fee  | 
      
        |  | established under Section 39.903(b) and] to administer the | 
      
        |  | renewable energy credits program under Section 39.904(b) and the | 
      
        |  | natural gas energy credits program under Section 39.9044(b); and | 
      
        |  | (7)  to require reports of municipally owned utility | 
      
        |  | operations only to the extent necessary to: | 
      
        |  | (A)  enable the commission to determine the | 
      
        |  | aggregate load and energy requirements of the state and the | 
      
        |  | resources available to serve that load; or | 
      
        |  | (B)  enable the commission to determine | 
      
        |  | information relating to market power as provided by Section 39.155. | 
      
        |  | SECTION 16.006.  Section 41.001, Utilities Code, is amended | 
      
        |  | to correct a reference to read as follows: | 
      
        |  | Sec. 41.001.  APPLICABLE LAW.  Notwithstanding any other | 
      
        |  | provision of law, except Sections 39.155, 39.157(e), 39.203, | 
      
        |  | [ 39.903,] and 39.904, this chapter governs the transition to and | 
      
        |  | the establishment of a fully competitive electric power industry | 
      
        |  | for electric cooperatives.  Regarding the regulation of electric | 
      
        |  | cooperatives, this chapter shall control over any other provision | 
      
        |  | of this title, except for sections in which the term "electric | 
      
        |  | cooperative" is specifically used. | 
      
        |  | ARTICLE 17.  CHANGES RELATING TO WATER CODE | 
      
        |  | SECTION 17.001.  Section 11.122(b-1), Water Code, as added | 
      
        |  | by Chapter 1097 (H.B. 3735), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 11.122(b-1), | 
      
        |  | Water Code, as added by Chapter 429 (S.B. 1430), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017. | 
      
        |  | SECTION 17.002.  Section 54.016(a), Water Code, as amended | 
      
        |  | by Chapters 761 (S.B. 1987) and 965 (S.B. 2014), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | (a)  No land within the corporate limits of a city or within | 
      
        |  | the extraterritorial jurisdiction of a city, shall be included in a | 
      
        |  | district unless the city grants its written consent, by resolution | 
      
        |  | or ordinance, to the inclusion of the land within the district in | 
      
        |  | accordance with Section 42.042, Local Government Code, and this | 
      
        |  | section.  The request to a city for its written consent to the | 
      
        |  | creation of a district, shall be signed by a majority in value of | 
      
        |  | the holders of title of the land within the proposed district as | 
      
        |  | indicated by the county tax rolls.  A petition for the written | 
      
        |  | consent of a city to the inclusion of land within a district shall | 
      
        |  | describe the boundaries of the land to be included in the district | 
      
        |  | by metes and bounds or by lot and block number, if there is a | 
      
        |  | recorded map or plat and survey of the area, and state the general | 
      
        |  | nature of the work proposed to be done, the necessity for the work, | 
      
        |  | and the cost of the project as then estimated by those filing the | 
      
        |  | petition.  If, at the time a petition is filed with a city for | 
      
        |  | creation of a district, the district proposes to connect to a city's | 
      
        |  | water or sewer system or proposes to contract with a regional water | 
      
        |  | and wastewater provider which has been designated as such by the | 
      
        |  | commission as of the date such petition is filed, to which the city | 
      
        |  | has made a capital contribution for the water and wastewater | 
      
        |  | facilities serving the area, the proposed district shall be | 
      
        |  | designated as a "city service district."  If such proposed district | 
      
        |  | does not meet the criteria for a city service district at the time | 
      
        |  | the petition seeking creation is filed, such district shall be | 
      
        |  | designated as a "noncity service district."  The city's consent | 
      
        |  | shall not place any restrictions or conditions on the creation of a | 
      
        |  | noncity service district as defined by this chapter other than | 
      
        |  | those expressly provided in Subsection (e) of this section and | 
      
        |  | shall specifically not limit the amounts of the district's bonds.  A | 
      
        |  | city may not require annexation as a consent to creation of any | 
      
        |  | district.  A city shall not refuse to approve a district bond issue | 
      
        |  | for any reason except that the district is not in compliance with | 
      
        |  | valid consent requirements applicable to the district.  If a city | 
      
        |  | grants its written consent without the concurrence of the applicant | 
      
        |  | to the creation of a noncity service district containing conditions | 
      
        |  | or restrictions that the petitioning land owner or owners | 
      
        |  | reasonably believe exceed the city's powers, such land owner or | 
      
        |  | owners may petition the commission to create the district and to | 
      
        |  | modify the conditions and restrictions of the city's consent.  The | 
      
        |  | commission may declare any provision of the consent to be null and | 
      
        |  | void.  The commission may approve the creation of a district that | 
      
        |  | includes any portion of the land covered by the city's consent to | 
      
        |  | creation of the district.  The legislature may create and may | 
      
        |  | validate the creation of a district that includes any portion of the | 
      
        |  | land covered by the city's consent to the creation of the district. | 
      
        |  | SECTION 17.003.  Section 62.153, Water Code, as amended by | 
      
        |  | Chapters 398 (S.B. 1131) and 427 (S.B. 1395), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is reenacted to read as | 
      
        |  | follows: | 
      
        |  | Sec. 62.153.  DUTIES OF DISTRICT TREASURER; AUTHORITY OF | 
      
        |  | DESIGNATED OFFICER.  (a)  The district treasurer shall: | 
      
        |  | (1)  open an account for all funds received by the | 
      
        |  | district treasurer for the district and all district funds which | 
      
        |  | the treasurer pays out; | 
      
        |  | (2)  pay out money on vouchers signed by the chairman of | 
      
        |  | the commission, any two members of the commission, or the | 
      
        |  | commissioners court, or any two of any number of persons delegated | 
      
        |  | by the commission with authority to sign vouchers, provided that | 
      
        |  | the commission may, in such delegation, limit the authority of such | 
      
        |  | persons and may require that each furnish a fidelity bond in such | 
      
        |  | amount as the commission shall specify and subject to commission | 
      
        |  | approval; | 
      
        |  | (3)  carefully preserve all orders for the payment of | 
      
        |  | money; | 
      
        |  | (4)  render a correct account to the commissioners | 
      
        |  | court of all matters relating to the financial condition of the | 
      
        |  | district as often as required by the commissioners court; and | 
      
        |  | (5)  not be required to sign a check drawn on a | 
      
        |  | depository selected under Section 62.156, unless the district | 
      
        |  | treasurer is the designated officer of the district, as defined by | 
      
        |  | Section 60.271(g). | 
      
        |  | (b)  A designated officer of a district may make a payment on | 
      
        |  | behalf of the district by a check drawn on a depository selected | 
      
        |  | under Section 62.155 in a manner consistent with the payment | 
      
        |  | procedures adopted under Section 60.271(f) without authorization | 
      
        |  | by the district treasurer. | 
      
        |  | ARTICLE 18.  CHANGES RELATING TO THE DISPOSITION OF CERTAIN CIVIL | 
      
        |  | STATUTES | 
      
        |  | SECTION 18.001.  (a)  Chapter 2101, Government Code, is | 
      
        |  | amended to codify Chapter 817 (S.B. 127), Acts of the 73rd | 
      
        |  | Legislature, Regular Session, 1993 (Article 4413(34e), Vernon's | 
      
        |  | Texas Civil Statutes), by adding Subchapter D to read as follows: | 
      
        |  | SUBCHAPTER D.  FINANCIAL REPORTING BY CERTAIN FUNDS AND TRUST | 
      
        |  | ACCOUNTS | 
      
        |  | Sec. 2101.051.  DEFINITION.  In this subchapter, | 
      
        |  | "economically targeted investment" means an investment in which at | 
      
        |  | least 50 percent of the total investment is allocated to economic | 
      
        |  | development within this state or investment in businesses or | 
      
        |  | entities located within this state. (V.A.C.S. Art. 4413(34e), Sec. | 
      
        |  | 4.) | 
      
        |  | Sec. 2101.052.  APPLICABILITY OF SUBCHAPTER.  The | 
      
        |  | requirements of this subchapter apply only to: | 
      
        |  | (1)  the permanent school fund; | 
      
        |  | (2)  the permanent university fund; | 
      
        |  | (3)  the Teacher Retirement System of Texas trust fund; | 
      
        |  | and | 
      
        |  | (4)  each trust account administered by the Employees | 
      
        |  | Retirement System of Texas. (V.A.C.S. Art. 4413(34e), Sec. 1.) | 
      
        |  | Sec. 2101.053.  REPORT DEADLINE; CONTENT OF REPORT.  (a)  The | 
      
        |  | manager of each fund or account to which this subchapter applies | 
      
        |  | shall submit to the governor, the lieutenant governor, the speaker | 
      
        |  | of the house of representatives, and the executive director of the | 
      
        |  | State Pension Review Board: | 
      
        |  | (1)  not later than January 25 of each year, a report | 
      
        |  | with the information required by Subsection (b) covering the last | 
      
        |  | six months of the previous calendar year; and | 
      
        |  | (2)  not later than June 25 of each year, a report with | 
      
        |  | the information required by Subsection (b) covering the first six | 
      
        |  | months of that calendar year. | 
      
        |  | (b)  Each report submitted under Subsection (a) must include | 
      
        |  | the following: | 
      
        |  | (1)  the number of beneficiaries of the fund or | 
      
        |  | account; | 
      
        |  | (2)  the name of each individual responsible for | 
      
        |  | administering the fund or account and the discretionary investment | 
      
        |  | authority granted to the individual; | 
      
        |  | (3)  the investment objectives of the fund or account; | 
      
        |  | (4)  the current end-of-month market value of the fund | 
      
        |  | or account; | 
      
        |  | (5)  the current book value of the fund or account; | 
      
        |  | (6)  the names and amounts of the 10 largest stock | 
      
        |  | holdings of the fund or account and the investment performance of | 
      
        |  | those stock holdings during the last 12-month period; | 
      
        |  | (7)  the asset allocations of the fund or account | 
      
        |  | expressed in percentages of stocks, fixed income, real estate, | 
      
        |  | cash, or other financial investments; and | 
      
        |  | (8)  the names and amounts of all investments made by | 
      
        |  | the fund or account in economically targeted investments. (V.A.C.S. | 
      
        |  | Art. 4413(34e), Secs. 2, 3.) | 
      
        |  | Sec. 2101.054.  EFFECT OF SUBCHAPTER.  This subchapter does | 
      
        |  | not diminish, impair, contradict, or affect the duties, powers, or | 
      
        |  | authorities granted or imposed on a governing board of a fund or | 
      
        |  | account listed in Section 2101.052 by the constitution or laws of | 
      
        |  | this state. (V.A. | 
      
        |  | C.S. Art. 4413(34e), Sec. 5.) | 
      
        |  | (b)  Chapter 817 (S.B. 127), Acts of the 73rd Legislature, | 
      
        |  | Regular Session, 1993 (Article 4413(34e), Vernon's Texas Civil | 
      
        |  | Statutes), is repealed. | 
      
        |  | SECTION 18.002.  (a)  Title 13, Local Government Code, is | 
      
        |  | amended to codify Article 1175, Revised Statutes, by adding | 
      
        |  | Subtitle D to read as follows: | 
      
        |  | SUBTITLE D.  POWERS OF COUNTIES OR MUNICIPALITIES OVER UTILITIES | 
      
        |  | GENERALLY | 
      
        |  | CHAPTER 590.  POWERS OF MUNICIPALITIES OVER UTILITIES | 
      
        |  | Sec. 590.0001.  POWERS OF HOME-RULE MUNICIPALITIES RELATING | 
      
        |  | TO UTILITIES.  Except as otherwise provided by state law enacted | 
      
        |  | after the Revised Statutes of 1925 (S.B. 84, Acts of the 39th | 
      
        |  | Legislature, Regular Session, 1925) or by federal law: | 
      
        |  | (1)  a home-rule municipality may: | 
      
        |  | (A)  prohibit the use of any street, alley, | 
      
        |  | highway, or grounds of the municipality by any telegraph, | 
      
        |  | telephone, electric light, street railway, interurban railway, | 
      
        |  | steam railway, gas company, or any other character of public | 
      
        |  | utility without first obtaining the consent of the governing | 
      
        |  | authorities expressed by ordinance and on paying such compensation | 
      
        |  | as may be prescribed and on such condition as may be provided by any | 
      
        |  | such ordinance; and | 
      
        |  | (B)  determine, fix, and regulate the charges, | 
      
        |  | fares, or rates of any person, firm, or corporation enjoying or that | 
      
        |  | may enjoy the franchise or exercising any other public privilege in | 
      
        |  | said municipality and prescribe the kind of service to be furnished | 
      
        |  | by such person, firm, or corporation, and the manner in which it | 
      
        |  | shall be rendered, and from time to time alter or change such rules, | 
      
        |  | regulations, and compensation;  provided that in adopting such | 
      
        |  | regulations and in fixing or changing such compensation, or | 
      
        |  | determining the reasonableness thereof, no stock or bonds | 
      
        |  | authorized or issued by any corporation enjoying the franchise | 
      
        |  | shall be considered unless proof that the same have been actually | 
      
        |  | issued by the corporation for money paid and used for the | 
      
        |  | development of the corporate property, labor done, or property | 
      
        |  | actually received in accordance with the laws and constitution of | 
      
        |  | this state applicable thereto; | 
      
        |  | (2)  in order to ascertain all facts necessary for a | 
      
        |  | proper understanding of what is or should be a reasonable rate or | 
      
        |  | regulation, the governing authority shall have full power to | 
      
        |  | inspect the books and compel the attendance of witnesses for such | 
      
        |  | purpose; | 
      
        |  | (3)  provided that in any municipality with a | 
      
        |  | population of more than 25,000, the governing body of such | 
      
        |  | municipality, when the public service of such municipality may | 
      
        |  | require the same, shall have the right and power to compel any | 
      
        |  | street railway or other public utility corporation to extend its | 
      
        |  | lines of service into any section of said municipality not to exceed | 
      
        |  | two miles, all told, in any one year; and | 
      
        |  | (4)  whenever any municipality may determine to acquire | 
      
        |  | any public utility using and occupying its streets, alleys, and | 
      
        |  | avenues as hereinbefore provided, and it shall be necessary to | 
      
        |  | condemn the said public utility, the municipality may obtain funds | 
      
        |  | for the purpose of acquiring the said public utility and paying the | 
      
        |  | compensation therefor, by issuing bonds, notes, or other evidence | 
      
        |  | of indebtedness and shall secure the same by fixing a lien on the | 
      
        |  | said properties constituting the said public utility so acquired by | 
      
        |  | condemnation or purchase or otherwise;  said security shall apply | 
      
        |  | alone to said properties so pledged;  and such further regulations | 
      
        |  | may be provided by any charter for the proper financing or raising | 
      
        |  | the revenue necessary for obtaining any public utilities and | 
      
        |  | providing for the fixing of said security. | 
      
        |  | (b)  Section 341.081, Health and Safety Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 341.081.  AUTHORITY OF HOME-RULE MUNICIPALITIES NOT | 
      
        |  | AFFECTED.  This chapter prescribes the minimum requirements of | 
      
        |  | sanitation and health protection in this state and does not affect a | 
      
        |  | home-rule municipality's authority to enact: | 
      
        |  | (1)  more stringent ordinances in matters relating to | 
      
        |  | this chapter; or | 
      
        |  | (2)  an ordinance under: | 
      
        |  | (A)  Section 5, Article XI, [ Section V, of the] | 
      
        |  | Texas Constitution; or | 
      
        |  | (B)  [ Article 1175, Revised Statutes; or | 
      
        |  | [ (C)]  Section 51.072 or 590.0001, Local | 
      
        |  | Government Code. | 
      
        |  | (c)  Section 438.037, Health and Safety Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 438.037.  MUNICIPAL ORDINANCES.  This subchapter does | 
      
        |  | not affect the authority granted under Section 5, Article XI, | 
      
        |  | [ Section 5, of the] Texas Constitution, [Article 1175, Revised  | 
      
        |  | Statutes,] Subchapter F of this chapter, and the applicable | 
      
        |  | chapters of the Local Government Code to a Type A general-law | 
      
        |  | municipality or a home-rule municipality to adopt an ordinance | 
      
        |  | relating to this subchapter. | 
      
        |  | (d)  Article 1175, Revised Statutes, is repealed. | 
      
        |  | (e)  The heading to Chapter 13, Revised Statutes, is | 
      
        |  | repealed. | 
      
        |  | SECTION 18.003.  (a)  Chapter 2021, Occupations Code, as | 
      
        |  | effective April 1, 2019, is amended to codify Section 6, Chapter 19 | 
      
        |  | (S.B. 15), Acts of the 69th Legislature, 2nd Called Session, 1986 | 
      
        |  | (Article 179e-2, Vernon's Texas Civil Statutes), by adding Section | 
      
        |  | 2021.009 to read as follows: | 
      
        |  | Sec. 2021.009.  PROHIBITED USE OF STATE APPROPRIATED FUNDS. | 
      
        |  | This subtitle prohibits the use of state appropriated funds for | 
      
        |  | capital improvements to racetracks or for interest payments on such | 
      
        |  | facilities except for racetracks that were publicly owned on | 
      
        |  | September 1, 1986. | 
      
        |  | (b)  Section 6, Chapter 19 (S.B. 15), Acts of the 69th | 
      
        |  | Legislature, 2nd Called Session, 1986 (Article 179e-2, Vernon's | 
      
        |  | Texas Civil Statutes), is repealed. | 
      
        |  | SECTION 18.004.  (a)  Section 6, Chapter 355 (H.B. 417), | 
      
        |  | General Laws, Acts of the 44th Legislature, Regular Session, 1935 | 
      
        |  | (Article 6819d, Vernon's Texas Civil Statutes), is repealed as | 
      
        |  | executed. | 
      
        |  | (b)  The heading to Title 117, Revised Statutes, is repealed. | 
      
        |  | ARTICLE 19.  CONFORMING CHANGES RELATING TO THE ABOLISHMENT OF THE | 
      
        |  | TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS | 
      
        |  | SECTION 19.001.  Section 22.056, Business Organizations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | Sec. 22.056.  HEALTH ORGANIZATION CORPORATION.  (a)  Doctors | 
      
        |  | of medicine and osteopathy licensed by the Texas Medical Board, | 
      
        |  | podiatrists licensed by the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Podiatric Medical Examiners], and | 
      
        |  | chiropractors licensed by the Texas Board of Chiropractic Examiners | 
      
        |  | may form a corporation that is jointly owned, managed, and | 
      
        |  | controlled by those practitioners to perform a professional service | 
      
        |  | that falls within the scope of practice of those practitioners and | 
      
        |  | consists of: | 
      
        |  | (1)  carrying out research in the public interest in | 
      
        |  | medical science, medical economics, public health, sociology, or a | 
      
        |  | related field; | 
      
        |  | (2)  supporting medical education in medical schools | 
      
        |  | through grants or scholarships; | 
      
        |  | (3)  developing the capabilities of individuals or | 
      
        |  | institutions studying, teaching, or practicing medicine, including | 
      
        |  | podiatric medicine, or chiropractic; | 
      
        |  | (4)  delivering health care to the public; or | 
      
        |  | (5)  instructing the public regarding medical science, | 
      
        |  | public health, hygiene, or a related matter. | 
      
        |  | (b)  When doctors of medicine, osteopathy, podiatry, and | 
      
        |  | chiropractic form a corporation that is jointly owned by those | 
      
        |  | practitioners, the authority of each of the practitioners is | 
      
        |  | limited by the scope of practice of the respective practitioners | 
      
        |  | and none can exercise control over the other's clinical authority | 
      
        |  | granted by their respective licenses, either through agreements, | 
      
        |  | the certificate of formation or bylaws of the corporation, | 
      
        |  | directives, financial incentives, or other arrangements that would | 
      
        |  | assert control over treatment decisions made by the practitioner. | 
      
        |  | The Texas Medical Board, the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Podiatric Medical Examiners], and the | 
      
        |  | Texas Board of Chiropractic Examiners continue to exercise | 
      
        |  | regulatory authority over their respective licenses. | 
      
        |  | SECTION 19.002.  Sections 152.055(a) and (c), Business | 
      
        |  | Organizations Code, are amended to read as follows: | 
      
        |  | (a)  Persons licensed as doctors of medicine and persons | 
      
        |  | licensed as doctors of osteopathy by the Texas Medical Board, | 
      
        |  | persons licensed as podiatrists by the Texas Department of | 
      
        |  | Licensing and Regulation [ State Board of Podiatric Medical  | 
      
        |  | Examiners], and persons licensed as chiropractors by the Texas | 
      
        |  | Board of Chiropractic Examiners may create a partnership that is | 
      
        |  | jointly owned by those practitioners to perform a professional | 
      
        |  | service that falls within the scope of practice of those | 
      
        |  | practitioners. | 
      
        |  | (c)  The Texas Medical Board, the Texas Department of | 
      
        |  | Licensing and Regulation [ State Board of Podiatric Medical  | 
      
        |  | Examiners], and the Texas Board of Chiropractic Examiners continue | 
      
        |  | to exercise regulatory authority over their respective licenses. | 
      
        |  | SECTION 19.003.  Section 301.012(a), Business Organizations | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (a)  Persons licensed as doctors of medicine and persons | 
      
        |  | licensed as doctors of osteopathy by the Texas Medical Board, | 
      
        |  | persons licensed as podiatrists by the Texas Department of | 
      
        |  | Licensing and Regulation [ State Board of Podiatric Medical  | 
      
        |  | Examiners], and persons licensed as chiropractors by the Texas | 
      
        |  | Board of Chiropractic Examiners may jointly form and own a | 
      
        |  | professional association or a professional limited liability | 
      
        |  | company to perform professional services that fall within the scope | 
      
        |  | of practice of those practitioners. | 
      
        |  | SECTION 19.004.  Section 411.122(d), Government Code, is | 
      
        |  | amended 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)  Health and Human Services Commission [ Department  | 
      
        |  | of State Health Services], except as provided by Section 411.110, | 
      
        |  | and agencies attached to the commission [ department], including: | 
      
        |  | (A)  Texas State Board of Examiners of Marriage | 
      
        |  | and Family Therapists; | 
      
        |  | (B)  Texas State Board of Examiners of | 
      
        |  | Professional Counselors; and | 
      
        |  | (C)  Texas State Board of Social Worker Examiners; | 
      
        |  | (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; | 
      
        |  | (18) [ (19)]  Texas Real Estate Commission; | 
      
        |  | (19) [ (20)]  Texas Department of Transportation; | 
      
        |  | (20) [ (21)]  State Board of Veterinary Medical | 
      
        |  | Examiners; | 
      
        |  | (21) [ (22)]  Texas Department of Housing and Community | 
      
        |  | Affairs; | 
      
        |  | (22) [ (23)]  secretary of state; | 
      
        |  | (23) [ (24)]  state fire marshal; | 
      
        |  | (24) [ (25)]  Texas Education Agency; | 
      
        |  | (25) [ (26)]  Department of Agriculture; and | 
      
        |  | (26) [ (27)]  Texas Department of Motor Vehicles. | 
      
        |  | SECTION 19.005.  Section 2054.2606(a), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The following licensing entities shall establish a | 
      
        |  | profile system consisting of the specific license holder | 
      
        |  | information prescribed by Subsection (c): | 
      
        |  | (1)  Texas Board of Chiropractic Examiners, with | 
      
        |  | respect to chiropractors; | 
      
        |  | (2)  Texas Department of Licensing and Regulation | 
      
        |  | [ State Board of Podiatric Medical Examiners], with respect to | 
      
        |  | podiatrists; | 
      
        |  | (3)  State Board of Dental Examiners, with respect to | 
      
        |  | dentists; | 
      
        |  | (4)  Texas Optometry Board, with respect to | 
      
        |  | optometrists and therapeutic optometrists; | 
      
        |  | (5)  Texas Board of Physical Therapy Examiners, with | 
      
        |  | respect to physical therapists and physical therapy facilities; | 
      
        |  | (6)  Texas Board of Occupational Therapy Examiners, | 
      
        |  | with respect to occupational therapists and occupational therapy | 
      
        |  | facilities; | 
      
        |  | (7)  Texas State Board of Examiners of Psychologists, | 
      
        |  | with respect to psychologists; and | 
      
        |  | (8)  Texas State Board of Pharmacy, with respect to | 
      
        |  | pharmacists and pharmacies. | 
      
        |  | SECTION 19.006.  Section 2054.352(a), Government Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  The following licensing entities shall participate in | 
      
        |  | the system established under Section 2054.353: | 
      
        |  | (1)  Texas Board of Chiropractic Examiners; | 
      
        |  | (2)  Judicial Branch Certification Commission; | 
      
        |  | (3)  State Board of Dental Examiners; | 
      
        |  | (4)  Texas Funeral Service Commission; | 
      
        |  | (5)  Texas Board of Professional Land Surveying; | 
      
        |  | (6)  Texas Medical Board; | 
      
        |  | (7)  Texas Board of Nursing; | 
      
        |  | (8)  Texas Optometry Board; | 
      
        |  | (9)  Department of Agriculture, for licenses issued | 
      
        |  | under Chapter 1951, Occupations Code; | 
      
        |  | (10)  Texas State Board of Pharmacy; | 
      
        |  | (11)  Executive Council of Physical Therapy and | 
      
        |  | Occupational Therapy Examiners; | 
      
        |  | (12)  Texas State Board of Plumbing Examiners; | 
      
        |  | (13)  [ Texas State Board of Podiatric Medical  | 
      
        |  | Examiners; | 
      
        |  | [ (14)]  Texas State Board of Examiners of | 
      
        |  | Psychologists; | 
      
        |  | (14) [ (15)]  State Board of Veterinary Medical | 
      
        |  | Examiners; | 
      
        |  | (15) [ (16)]  Texas Real Estate Commission; | 
      
        |  | (16) [ (17)]  Texas Appraiser Licensing and | 
      
        |  | Certification Board; | 
      
        |  | (17) [ (18)]  Texas Department of Licensing and | 
      
        |  | Regulation; | 
      
        |  | (18) [ (19)]  Texas State Board of Public Accountancy; | 
      
        |  | (19) [ (20)]  State Board for Educator Certification; | 
      
        |  | (20) [ (21)]  Texas Board of Professional Engineers; | 
      
        |  | (21)  Health and Human Services Commission | 
      
        |  | [ (22)  Department of State Health Services]; | 
      
        |  | (22) [ (23)]  Texas Board of Architectural Examiners; | 
      
        |  | (23) [ (24)]  Texas Racing Commission; | 
      
        |  | (24) [ (25)]  Texas Commission on Law Enforcement; and | 
      
        |  | (25) [ (26)]  Texas Private Security Board. | 
      
        |  | SECTION 19.007.  Section 241.003(13), Health and Safety | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (13)  "Podiatrist" means a podiatrist licensed by the | 
      
        |  | Texas Department of Licensing and Regulation [ State Board of  | 
      
        |  | Podiatric Medical Examiners]. | 
      
        |  | SECTION 19.008.  Section 401.064(f), Health and Safety Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (f)  In adopting rules under this section relating to the | 
      
        |  | inspection of medical, podiatric medical, dental, veterinary, and | 
      
        |  | chiropractic electronic products, the executive commissioner shall | 
      
        |  | solicit and follow the recommendations of the State Board of Dental | 
      
        |  | Examiners for the inspections of dental electronic products, the | 
      
        |  | Texas Department of Licensing and Regulation [ State Board of  | 
      
        |  | Podiatric Medical Examiners] for the inspection of podiatric | 
      
        |  | medical electronic products, the Texas Medical Board for the | 
      
        |  | inspection of medical electronic products, the State Board of | 
      
        |  | Veterinary Medical Examiners for the inspection of medical | 
      
        |  | electronic products used in the practice of veterinary medicine, | 
      
        |  | and the Texas Board of Chiropractic Examiners for the inspection of | 
      
        |  | chiropractic electronic products, unless in conflict with federal | 
      
        |  | statutes or federal rules. | 
      
        |  | SECTION 19.009.  Section 481.076(a), Health and Safety Code, | 
      
        |  | is amended to read as follows: | 
      
        |  | (a)  The board may not permit any person to have access to | 
      
        |  | information submitted to the board under Section 481.074(q) or | 
      
        |  | 481.075 except: | 
      
        |  | (1)  the board, the Texas Medical Board, the Texas | 
      
        |  | Department of Licensing and Regulation, with respect to the | 
      
        |  | regulation of podiatrists [ State Board of Podiatric Medical  | 
      
        |  | Examiners], the State Board of Dental Examiners, the State Board of | 
      
        |  | Veterinary Medical Examiners, the Texas Board of Nursing, or the | 
      
        |  | Texas Optometry Board for the purpose of: | 
      
        |  | (A)  investigating a specific license holder; or | 
      
        |  | (B)  monitoring for potentially harmful | 
      
        |  | prescribing or dispensing patterns or practices under Section | 
      
        |  | 481.0762; | 
      
        |  | (2)  an authorized officer or member of the department | 
      
        |  | or authorized employee of the board engaged in the administration, | 
      
        |  | investigation, or enforcement of this chapter or another law | 
      
        |  | governing illicit drugs in this state or another state; | 
      
        |  | (3)  the department on behalf of a law enforcement or | 
      
        |  | prosecutorial official engaged in the administration, | 
      
        |  | investigation, or enforcement of this chapter or another law | 
      
        |  | governing illicit drugs in this state or another state; | 
      
        |  | (4)  a medical examiner conducting an investigation; | 
      
        |  | (5)  provided that accessing the information is | 
      
        |  | authorized under the Health Insurance Portability and | 
      
        |  | Accountability Act of 1996 (Pub. L. No. 104-191) and regulations | 
      
        |  | adopted under that Act: | 
      
        |  | (A)  a pharmacist or a pharmacy technician, as | 
      
        |  | defined by Section 551.003, Occupations Code, acting at the | 
      
        |  | direction of a pharmacist; or | 
      
        |  | (B)  a practitioner who: | 
      
        |  | (i)  is a physician, dentist, veterinarian, | 
      
        |  | podiatrist, optometrist, or advanced practice nurse or is a | 
      
        |  | physician assistant described by Section 481.002(39)(D) or an | 
      
        |  | employee or other agent of a practitioner acting at the direction of | 
      
        |  | a practitioner; and | 
      
        |  | (ii)  is inquiring about a recent Schedule | 
      
        |  | II, III, IV, or V prescription history of a particular patient of | 
      
        |  | the practitioner; | 
      
        |  | (6)  a pharmacist or practitioner who is inquiring | 
      
        |  | about the person's own dispensing or prescribing activity; or | 
      
        |  | (7)  one or more states or an association of states with | 
      
        |  | which the board has an interoperability agreement, as provided by | 
      
        |  | Subsection (j). | 
      
        |  | SECTION 19.010.  Section 483.001(12), Health and Safety | 
      
        |  | Code, is amended to read as follows: | 
      
        |  | (12)  "Practitioner" means: | 
      
        |  | (A)  a person licensed by: | 
      
        |  | (i)  the Texas Medical Board, State Board of | 
      
        |  | Dental Examiners, [ Texas State Board of Podiatric Medical  | 
      
        |  | Examiners,] Texas Optometry Board, or State Board of Veterinary | 
      
        |  | Medical Examiners to prescribe and administer dangerous drugs; or | 
      
        |  | (ii)  the Texas Department of Licensing and | 
      
        |  | Regulation, with respect to podiatry, to prescribe and administer | 
      
        |  | dangerous drugs; | 
      
        |  | (B)  a person licensed by another state in a | 
      
        |  | health field in which, under the laws of this state, a licensee may | 
      
        |  | legally prescribe dangerous drugs; | 
      
        |  | (C)  a person licensed in Canada or Mexico in a | 
      
        |  | health field in which, under the laws of this state, a licensee may | 
      
        |  | legally prescribe dangerous drugs; or | 
      
        |  | (D)  an advanced practice registered nurse or | 
      
        |  | physician assistant to whom a physician has delegated the authority | 
      
        |  | to prescribe or order a drug or device under Section 157.0511, | 
      
        |  | 157.0512, or 157.054, Occupations Code. | 
      
        |  | SECTION 19.011.  Section 843.311, Insurance Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 843.311.  CONTRACTS WITH PODIATRISTS.  A contract | 
      
        |  | between a health maintenance organization and a podiatrist licensed | 
      
        |  | by the Texas Department of Licensing and Regulation [ State Board of  | 
      
        |  | Podiatric Medical Examiners] must provide that: | 
      
        |  | (1)  the podiatrist may request, and the health | 
      
        |  | maintenance organization shall provide not later than the 30th day | 
      
        |  | after the date of the request, a copy of the coding guidelines and | 
      
        |  | payment schedules applicable to the compensation that the | 
      
        |  | podiatrist will receive under the contract for services; | 
      
        |  | (2)  the health maintenance organization may not | 
      
        |  | unilaterally make material retroactive revisions to the coding | 
      
        |  | guidelines and payment schedules; and | 
      
        |  | (3)  the podiatrist may, while practicing within the | 
      
        |  | scope of the law regulating podiatry, provide x-rays and | 
      
        |  | nonprefabricated orthotics covered by the evidence of coverage. | 
      
        |  | SECTION 19.012.  Section 843.319, Insurance Code, is amended | 
      
        |  | to read as follows: | 
      
        |  | Sec. 843.319.  CERTAIN REQUIRED CONTRACTS.  Notwithstanding | 
      
        |  | Section 843.304, a health maintenance organization may not deny a | 
      
        |  | contract to a podiatrist licensed by the Texas Department of | 
      
        |  | Licensing and Regulation [ State Board of Podiatric Medical  | 
      
        |  | Examiners] who joins the professional practice of a contracted | 
      
        |  | physician or provider, satisfies the application procedures of the | 
      
        |  | health maintenance organization, and meets the qualification and | 
      
        |  | credentialing requirements for contracting with the health | 
      
        |  | maintenance organization. | 
      
        |  | SECTION 19.013.  Section 1301.0521(a), Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (a)  Notwithstanding Section 1301.051, an insurer may not | 
      
        |  | withhold the designation of preferred provider to a podiatrist | 
      
        |  | licensed by the Texas Department of Licensing and Regulation [ State  | 
      
        |  | Board of Podiatric Medical Examiners] who: | 
      
        |  | (1)  joins the professional practice of a contracted | 
      
        |  | preferred provider; | 
      
        |  | (2)  applies to the insurer for designation as a | 
      
        |  | preferred provider; and | 
      
        |  | (3)  complies with the terms and conditions of | 
      
        |  | eligibility to be a preferred provider. | 
      
        |  | SECTION 19.014.  Section 1301.062, Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 1301.062.  PREFERRED PROVIDER CONTRACTS BETWEEN | 
      
        |  | INSURERS AND PODIATRISTS.  A preferred provider contract between an | 
      
        |  | insurer and a podiatrist licensed by the Texas Department of | 
      
        |  | Licensing and Regulation [ State Board of Podiatric Medical  | 
      
        |  | Examiners] must provide that: | 
      
        |  | (1)  the podiatrist may request a copy of the coding | 
      
        |  | guidelines and payment schedules applicable to the compensation | 
      
        |  | that the podiatrist will receive under the contract for services; | 
      
        |  | (2)  the insurer shall provide a copy of the coding | 
      
        |  | guidelines and payment schedules not later than the 30th day after | 
      
        |  | the date of the podiatrist's request; | 
      
        |  | (3)  the insurer may not unilaterally make material | 
      
        |  | retroactive revisions to the coding guidelines and payment | 
      
        |  | schedules; and | 
      
        |  | (4)  the podiatrist may, practicing within the scope of | 
      
        |  | the law regulating podiatry, furnish x-rays and nonprefabricated | 
      
        |  | orthotics covered by the health insurance policy. | 
      
        |  | SECTION 19.015.  Section 1451.001(17), Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (17)  "Podiatrist" means an individual licensed to | 
      
        |  | practice podiatry by the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Podiatric Medical Examiners]. | 
      
        |  | SECTION 19.016.  Section 1452.153, Insurance Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 1452.153.  ELIGIBILITY REQUIREMENTS.  To qualify for | 
      
        |  | expedited credentialing under this subchapter and payment under | 
      
        |  | Section 1452.154, an applicant podiatrist must: | 
      
        |  | (1)  be licensed as a podiatrist in this state by, and | 
      
        |  | be in good standing with, the Texas Department of Licensing and | 
      
        |  | Regulation [ State Board of Podiatric Medical Examiners]; | 
      
        |  | (2)  submit all documentation and other information | 
      
        |  | required by the issuer of the managed care plan as necessary to | 
      
        |  | enable the issuer to begin the credentialing process required by | 
      
        |  | the issuer to include a podiatrist in the issuer's health benefit | 
      
        |  | plan network; and | 
      
        |  | (3)  agree to comply with the terms of the managed care | 
      
        |  | plan's participating provider contract currently in force with the | 
      
        |  | applicant podiatrist's established professional practice. | 
      
        |  | SECTION 19.017.  Section 56.002, Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 56.002.  APPLICABILITY.  This chapter applies only to | 
      
        |  | the following licensing authorities: | 
      
        |  | (1)  Texas Board of Chiropractic Examiners; | 
      
        |  | (2)  State Board of Dental Examiners; | 
      
        |  | (3)  Texas Department of Licensing and Regulation, with | 
      
        |  | respect to the department's authority to regulate podiatrists | 
      
        |  | [ State Board of Podiatric Medical Examiners]; and | 
      
        |  | (4)  Texas Medical [ State] Board [of Medical  | 
      
        |  | Examiners]. | 
      
        |  | SECTION 19.018.  Section 101.002, Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 101.002.  COMPOSITION OF COUNCIL.  The council consists | 
      
        |  | of 14 members, with one member appointed by each of the following: | 
      
        |  | (1)  the Texas Board of Chiropractic Examiners; | 
      
        |  | (2)  the State Board of Dental Examiners; | 
      
        |  | (3)  the Texas Optometry Board; | 
      
        |  | (4)  the Texas State Board of Pharmacy; | 
      
        |  | (5)  the Texas Department of Licensing and Regulation | 
      
        |  | [ State Board of Podiatric Medical Examiners]; | 
      
        |  | (6)  the State Board of Veterinary Medical Examiners; | 
      
        |  | (7)  the Texas Medical Board; | 
      
        |  | (8)  the Texas Board of Nursing; | 
      
        |  | (9)  the Texas State Board of Examiners of | 
      
        |  | Psychologists; | 
      
        |  | (10)  the Texas Funeral Service Commission; | 
      
        |  | (11)  the entity that regulates the practice of | 
      
        |  | physical therapy; | 
      
        |  | (12)  the entity that regulates the practice of | 
      
        |  | occupational therapy; | 
      
        |  | (13)  the health licensing division of the Health and | 
      
        |  | Human Services Commission [ Department of State Health Services]; | 
      
        |  | and | 
      
        |  | (14)  the governor's office. | 
      
        |  | SECTION 19.019.  Section 104.003(g), Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (g)  A person who is licensed by the Texas Department of | 
      
        |  | Licensing and Regulation to practice podiatry [ State Board of  | 
      
        |  | Podiatric Medical Examiners] shall use: | 
      
        |  | (1)  chiropodist; | 
      
        |  | (2)  doctor, D.S.C.; | 
      
        |  | (3)  doctor of surgical chiropody; | 
      
        |  | (4)  D.S.C.; | 
      
        |  | (5)  podiatrist; | 
      
        |  | (6)  doctor, D.P.M.; | 
      
        |  | (7)  doctor of podiatric medicine; or | 
      
        |  | (8)  D.P.M. | 
      
        |  | SECTION 19.020.  Section 601.251, Occupations Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 601.251.  APPLICABILITY.  This subchapter applies to | 
      
        |  | the: | 
      
        |  | (1)  Texas Board of Nursing; | 
      
        |  | (2)  Texas Board of Chiropractic Examiners; | 
      
        |  | (3)  State Board of Dental Examiners; | 
      
        |  | (4)  Texas Medical Board; | 
      
        |  | (5)  Texas Department of Licensing and Regulation, with | 
      
        |  | respect to the department's authority to regulate podiatrists | 
      
        |  | [ State Board of Podiatric Medical Examiners]; and | 
      
        |  | (6)  Texas Physician Assistant Board. | 
      
        |  | ARTICLE 20.  NONSUBSTANTIVE REVISION OF CHAPTER 10, CODE OF | 
      
        |  | CRIMINAL PROCEDURE: PROVISIONS RELATING TO REMOVAL OF HIGHWAY | 
      
        |  | OBSTRUCTION THAT IS SUBJECT OF CRIMINAL PROSECUTION | 
      
        |  | SECTION 20.001.  Subtitle Z, Title 6, Transportation Code, | 
      
        |  | is amended by adding Chapter 473 to read as follows: | 
      
        |  | CHAPTER 473.  REMOVAL OF HIGHWAY OBSTRUCTION THAT IS SUBJECT OF | 
      
        |  | CRIMINAL PROSECUTION | 
      
        |  | Sec. 473.001.  ORDER TO REMOVE HIGHWAY OBSTRUCTION.  (a) | 
      
        |  | After a criminal prosecution begins against a person for | 
      
        |  | obstructing a highway, any person, in behalf of the public, may | 
      
        |  | apply to the county judge of the county in which the highway is | 
      
        |  | located for an order to remove the obstruction. | 
      
        |  | (b)  On hearing proof regarding an application to remove an | 
      
        |  | obstruction, the county judge, either in term time or in vacation, | 
      
        |  | may issue to the sheriff or other proper officer of the county a | 
      
        |  | written order directing that officer to remove the obstruction. | 
      
        |  | (Code Crim. Proc., Art. 10.01 (part).) | 
      
        |  | Sec. 473.002.  BOND REQUIRED.  (a)  Before an order may be | 
      
        |  | issued under Section 473.001, the applicant for the order must give | 
      
        |  | bond with security to indemnify the defendant, in case of the | 
      
        |  | defendant's acquittal, for any loss sustained by the defendant. | 
      
        |  | (b)  The amount of the bond must be set by the county judge. | 
      
        |  | (c)  The bond must be approved by the county judge and shall | 
      
        |  | be filed with the papers in the case.  (Code Crim. Proc., Art. 10.01 | 
      
        |  | (part).) | 
      
        |  | Sec. 473.003.  DEFENDANT'S RECOVERY OF BOND AMOUNT ON | 
      
        |  | ACQUITTAL.  (a)  If the defendant is acquitted in the criminal case | 
      
        |  | described by Section 473.001(a), the defendant may maintain a civil | 
      
        |  | action against the applicant and the applicant's sureties on the | 
      
        |  | bond. | 
      
        |  | (b)  The defendant may recover the full amount of the bond, | 
      
        |  | or an amount of damages that is less than the amount of the bond, as | 
      
        |  | may be assessed by a court or jury, if the defendant shows at trial | 
      
        |  | that, at the time the defendant placed the obstruction, the | 
      
        |  | obstruction was located on the defendant's own property or on | 
      
        |  | property in the defendant's lawful possession and not on a public | 
      
        |  | highway established by proper authority.  (Code Crim. Proc., Art. | 
      
        |  | 10.02.) | 
      
        |  | Sec. 473.004.  REMOVAL OF HIGHWAY OBSTRUCTION ON CONVICTION. | 
      
        |  | On the conviction of a defendant for obstructing a public highway, | 
      
        |  | if the obstruction still exists, the court shall order the sheriff | 
      
        |  | or other proper officer to immediately remove the obstruction at | 
      
        |  | the defendant's cost, to be imposed and collected as other costs in | 
      
        |  | the case.  (Code Crim. Proc., Art. 10.03.) | 
      
        |  | SECTION 20.002.  Chapter 10, Code of Criminal Procedure, is | 
      
        |  | repealed. | 
      
        |  | ARTICLE 21.  REDESIGNATIONS | 
      
        |  | SECTION 21.001.  The following provisions of enacted codes | 
      
        |  | are redesignated to eliminate duplicate citations: | 
      
        |  | (1)  Article 2.023, Code of Criminal Procedure, as | 
      
        |  | added by Chapter 686 (H.B. 34), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Article 2.024, Code of | 
      
        |  | Criminal Procedure. | 
      
        |  | (2)  Subsection (d), Article 2.13, Code of Criminal | 
      
        |  | Procedure, as added by Chapter 34 (S.B. 1576), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is redesignated as Subsection | 
      
        |  | (f), Article 2.13, Code of Criminal Procedure. | 
      
        |  | (3)  Section 12, Article 42.01, Code of Criminal | 
      
        |  | Procedure, as added by Chapter 443 (S.B. 500), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is redesignated as Section 13, | 
      
        |  | Article 42.01, Code of Criminal Procedure. | 
      
        |  | (4)  Subsection (b), Article 42A.511, Code of Criminal | 
      
        |  | Procedure, as added by Chapter 739 (S.B. 1232), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is redesignated as Subsection | 
      
        |  | (c), Article 42A.511, Code of Criminal Procedure. | 
      
        |  | (5)  Subsection (f), Section 25.081, Education Code, as | 
      
        |  | added by Chapter 1144 (H.B. 441), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (g), Section | 
      
        |  | 25.081, Education Code. | 
      
        |  | (6)  Subsection (b-1), Section 28.009, Education Code, | 
      
        |  | as added by Chapter 729 (S.B. 1091), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (b-3), Section | 
      
        |  | 28.009, Education Code. | 
      
        |  | (7)  Subsection (a-2), Section 42.006, Education Code, | 
      
        |  | as added by Chapter 916 (S.B. 1404), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (a-5), Section | 
      
        |  | 42.006, Education Code. | 
      
        |  | (8)  Section 130.0828, Education Code, as added by | 
      
        |  | Chapter 181 (S.B. 286), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 130.08285, Education | 
      
        |  | Code. | 
      
        |  | (9)  Subchapter L, Chapter 130, Education Code, as | 
      
        |  | added by Chapter 510 (H.B. 2994), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subchapter M, Chapter | 
      
        |  | 130, Education Code, and Sections 130.301, 130.302, 130.303, | 
      
        |  | 130.304, and 130.305, Education Code, as added by that Act, are | 
      
        |  | redesignated as Sections 130.351, 130.352, 130.353, 130.354, and | 
      
        |  | 130.355, Education Code, respectively. | 
      
        |  | (10)  Section 63.0013, Election Code, as added by | 
      
        |  | Chapter 980 (H.B. 658), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 63.0015, Election Code. | 
      
        |  | (11)  Section 276.011, Election Code, as added by | 
      
        |  | Chapter 828 (H.B. 1735), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 276.012, Election Code. | 
      
        |  | (12)  Section 261.004, Family Code, as added by Chapter | 
      
        |  | 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | is redesignated as Section 261.005, Family Code. | 
      
        |  | (13)  Subsection (j), Section 261.301, Family Code, as | 
      
        |  | added by Chapter 356 (H.B. 2124), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (k), Section | 
      
        |  | 261.301, Family Code. | 
      
        |  | (14)  Section 261.3017, Family Code, as added by | 
      
        |  | Chapter 523 (S.B. 190), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 261.3018, Family Code. | 
      
        |  | (15)  Section 262.013, Family Code, as added by Chapter | 
      
        |  | 910 (S.B. 999), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is redesignated as Section 262.015, Family Code. | 
      
        |  | (16)  Section 264.1211, Family Code, as added by | 
      
        |  | Chapter 333 (H.B. 928), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 264.1212, Family Code. | 
      
        |  | (17)  Section 264.1211, Family Code, as added by | 
      
        |  | Chapter 1076 (H.B. 3338), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 264.1213, Family Code. | 
      
        |  | (18)  Section 264.2042, Family Code, as added by | 
      
        |  | Chapter 319 (S.B. 11), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 264.2044, Family Code. | 
      
        |  | (19)  Chapter 280, Finance Code, as added by Chapter | 
      
        |  | 376 (H.B. 3921), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is redesignated as Chapter 281, Finance Code, and Sections | 
      
        |  | 280.001, 280.002, 280.003, 280.004, 280.005, and 280.006, Finance | 
      
        |  | Code, as added by that Act, are redesignated as Sections 281.001, | 
      
        |  | 281.002, 281.003, 281.004, 281.005, and 281.006, Finance Code, | 
      
        |  | respectively. | 
      
        |  | (20)  Subsection (k), Section 53.001, Government Code, | 
      
        |  | as added by Chapter 972 (S.B. 2174), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (m), Section | 
      
        |  | 53.001, Government Code. | 
      
        |  | (21)  Subchapter D, Chapter 155, Government Code, as | 
      
        |  | added by Chapter 715 (S.B. 36), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subchapter F, Chapter | 
      
        |  | 155, Government Code, and Sections 155.151, 155.152, 155.153, and | 
      
        |  | 155.154, Government Code, as added by that Act, are redesignated as | 
      
        |  | Sections 155.251, 155.252, 155.253, and 155.254, Government Code, | 
      
        |  | respectively. | 
      
        |  | (22)  Section 434.024, Government Code, as added by | 
      
        |  | Chapter 387 (S.B. 588), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 434.025, Government Code. | 
      
        |  | (23)  Section 442.019, Government Code, as added by | 
      
        |  | Chapter 838 (H.B. 2079), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 442.0195, Government | 
      
        |  | Code. | 
      
        |  | (24)  Section 531.0999, Government Code, as added by | 
      
        |  | Chapter 561 (S.B. 578), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 531.0925, Government | 
      
        |  | Code. | 
      
        |  | (25)  Section 531.0999, Government Code, as added by | 
      
        |  | Chapter 770 (H.B. 13), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 531.0991, Government | 
      
        |  | Code. | 
      
        |  | (26)  Section 662.065, Government Code, as added by | 
      
        |  | Chapter 1139 (H.B. 297), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 662.067, Government Code. | 
      
        |  | (27)  Section 662.065, Government Code, as added by | 
      
        |  | Chapter 692 (H.B. 208), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 662.068, Government Code. | 
      
        |  | (28)  Section 662.065, Government Code, as added by | 
      
        |  | Chapter 1133 (H.B. 210), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 662.069, Government Code. | 
      
        |  | (29)  Section 662.065, Government Code, as added by | 
      
        |  | Chapter 1002 (H.B. 1254), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 662.070, Government Code. | 
      
        |  | (30)  Section 772.0073, Government Code, as added by | 
      
        |  | Chapter 188 (S.B. 12), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 772.0075, Government | 
      
        |  | Code. | 
      
        |  | (31)  Section 772.0073, Government Code, as added by | 
      
        |  | Chapter 4 (S.B. 4), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is redesignated as Section 772.0076, Government Code. | 
      
        |  | (32)  Section 810.002, Government Code, as added by | 
      
        |  | Chapter 443 (S.B. 500), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 810.003, Government Code. | 
      
        |  | (33)  Subchapter F, Chapter 2252, Government Code, as | 
      
        |  | added by Chapter 597 (S.B. 1289), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subchapter G, Chapter | 
      
        |  | 2252, Government Code. | 
      
        |  | (34)  Section 2256.0206, Government Code, as added by | 
      
        |  | Chapter 344 (H.B. 1472), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 2256.0207, Government | 
      
        |  | Code. | 
      
        |  | (35)  Chapter 2270, Government Code, as added by | 
      
        |  | Chapter 1 (H.B. 89), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is redesignated as Chapter 2271, Government Code, and | 
      
        |  | Sections 2270.001 and 2270.002, Government Code, as added by that | 
      
        |  | Act, are redesignated as Sections 2271.001 and 2271.002, Government | 
      
        |  | Code, respectively. | 
      
        |  | (36)  Section 191.009, Health and Safety Code, as added | 
      
        |  | by Chapter 737 (S.B. 1205), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 191.010, Health and | 
      
        |  | Safety Code. | 
      
        |  | (37)  Subsection (a-1), Section 364.011, Health and | 
      
        |  | Safety Code, as added by Chapter 70 (S.B. 1229), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is redesignated as Subsection | 
      
        |  | (a-2), Section 364.011, Health and Safety Code. | 
      
        |  | (38)  Subsection (n), Section 1701.253, Occupations | 
      
        |  | Code, as added by Chapter 513 (S.B. 30), Acts of the 85th | 
      
        |  | Legislature, Regular Session, 2017, is redesignated as Subsection | 
      
        |  | (o), Section 1701.253, Occupations Code. | 
      
        |  | (39)  Subsection (b-2), Section 22.01, Penal Code, as | 
      
        |  | added by Chapter 34 (S.B. 1576), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subsection (b-3), Section | 
      
        |  | 22.01, Penal Code. | 
      
        |  | (40)  Subdivision (18), Section 46.01, Penal Code, as | 
      
        |  | added by Chapter 814 (H.B. 913), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subdivision (19), Section | 
      
        |  | 46.01, Penal Code. | 
      
        |  | (41)  Section 48.03, Penal Code, as added by Chapter | 
      
        |  | 697 (H.B. 810), Acts of the 85th Legislature, Regular Session, | 
      
        |  | 2017, is redesignated as Section 48.04, Penal Code. | 
      
        |  | (42)  Chapter 7998, Special District Local Laws Code, | 
      
        |  | as added by Chapter 621 (H.B. 4275), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Chapter 8000, Special | 
      
        |  | District Local Laws Code, and Sections 7998.001, 7998.002, | 
      
        |  | 7998.003, 7998.004, 7998.005, 7998.006, 7998.051, 7998.052, | 
      
        |  | 7998.101, 7998.102, 7998.103, 7998.104, 7998.105, 7998.106, | 
      
        |  | 7998.151, 7998.152, 7998.153, 7998.201, 7998.202, and 7998.203, | 
      
        |  | Special District Local Laws Code, as added by that Act, are | 
      
        |  | redesignated as Sections 8000.001, 8000.002, 8000.003, 8000.004, | 
      
        |  | 8000.005, 8000.006, 8000.051, 8000.052, 8000.101, 8000.102, | 
      
        |  | 8000.103, 8000.104, 8000.105, 8000.106, 8000.151, 8000.152, | 
      
        |  | 8000.153, 8000.201, 8000.202, and 8000.203, Special District Local | 
      
        |  | Laws Code, respectively. | 
      
        |  | (43)  Section 23.524, Tax Code, as added by Chapter 365 | 
      
        |  | (H.B. 3198), Acts of the 85th Legislature, Regular Session, 2017, | 
      
        |  | is redesignated as Section 23.525, Tax Code. | 
      
        |  | (44)  Section 22.091, Transportation Code, as added by | 
      
        |  | Chapter 723 (S.B. 1024), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 22.092, Transportation | 
      
        |  | Code. | 
      
        |  | (45)  Section 223.051, Transportation Code, as added by | 
      
        |  | Chapter 1155 (S.B. 82), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 223.052, Transportation | 
      
        |  | Code. | 
      
        |  | (46)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 54 (H.B. 409), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.134, Transportation | 
      
        |  | Code. | 
      
        |  | (47)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 85 (H.B. 947), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.135, Transportation | 
      
        |  | Code. | 
      
        |  | (48)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 114 (H.B. 216), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.136, Transportation | 
      
        |  | Code. | 
      
        |  | (49)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 176 (H.B. 3536), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.137, Transportation | 
      
        |  | Code. | 
      
        |  | (50)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 209 (H.B. 1221), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.138, Transportation | 
      
        |  | Code. | 
      
        |  | (51)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 367 (H.B. 3283), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.139, Transportation | 
      
        |  | Code. | 
      
        |  | (52)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 375 (H.B. 3917), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.140, Transportation | 
      
        |  | Code. | 
      
        |  | (53)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 732 (S.B. 1099), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.141, Transportation | 
      
        |  | Code. | 
      
        |  | (54)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 998 (H.B. 1162), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.142, Transportation | 
      
        |  | Code. | 
      
        |  | (55)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 55 (H.B. 1483), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.143, Transportation | 
      
        |  | Code. | 
      
        |  | (56)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 247 (H.B. 938), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.144, Transportation | 
      
        |  | Code. | 
      
        |  | (57)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 255 (H.B. 1303), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.145, Transportation | 
      
        |  | Code. | 
      
        |  | (58)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 309 (S.B. 867), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.146, Transportation | 
      
        |  | Code. | 
      
        |  | (59)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 492 (H.B. 2675), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.147, Transportation | 
      
        |  | Code. | 
      
        |  | (60)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 936 (S.B. 1732), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.148, Transportation | 
      
        |  | Code. | 
      
        |  | (61)  Section 225.123, Transportation Code, as added by | 
      
        |  | Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Section 225.149, | 
      
        |  | Transportation Code. | 
      
        |  | (62)  Section 225.123, Transportation Code, as added by | 
      
        |  | Section 3, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Section 225.150, | 
      
        |  | Transportation Code. | 
      
        |  | (63)  Section 225.125, Transportation Code, as added by | 
      
        |  | Chapter 711 (H.B. 3964), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 225.151, Transportation | 
      
        |  | Code. | 
      
        |  | (64)  Section 504.323, Transportation Code, as added by | 
      
        |  | Chapter 274 (H.B. 2115), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 504.324, Transportation | 
      
        |  | Code. | 
      
        |  | (65)  Section 504.668, Transportation Code, as added by | 
      
        |  | Chapter 116 (H.B. 263), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 504.669, Transportation | 
      
        |  | Code. | 
      
        |  | (66)  Section 504.668, Transportation Code, as added by | 
      
        |  | Chapter 1003 (H.B. 1256), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 504.670, Transportation | 
      
        |  | Code. | 
      
        |  | (67)  Section 521.0062, Transportation Code, as added | 
      
        |  | by Chapter 1078 (H.B. 3359), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is redesignated as Section 521.0063, Transportation | 
      
        |  | Code. | 
      
        |  | (68)  Subchapter U, Chapter 623, Transportation Code, | 
      
        |  | as added by Chapter 750 (S.B. 1383), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is redesignated as Subchapter V, Chapter | 
      
        |  | 623, Transportation Code, and Sections 623.401, 623.402, 623.403, | 
      
        |  | 623.404, 623.405, 623.406, and 623.407, Transportation Code, as | 
      
        |  | added by that Act, are redesignated as Sections 623.421, 623.422, | 
      
        |  | 623.423, 623.424, 623.425, 623.426, and 623.427, Transportation | 
      
        |  | Code, respectively. | 
      
        |  | (69)  Section 13.148, Water Code, as added by Chapter | 
      
        |  | 305 (H.B. 1461), Acts of the 83rd Legislature, Regular Session, | 
      
        |  | 2013, is redesignated as Section 13.149, Water Code. | 
      
        |  | SECTION 21.002.  The following changes are made to conform | 
      
        |  | the provisions amended to the redesignating changes made by Section | 
      
        |  | 21.001 of this Act and to correct cross-references: | 
      
        |  | (1)  Article 42.0196, Code of Criminal Procedure, is | 
      
        |  | amended to read as follows: | 
      
        |  | Art. 42.0196.  FINDING REGARDING OFFENSE RELATED TO | 
      
        |  | PERFORMANCE OF PUBLIC SERVICE.  (a)  In the trial of an offense | 
      
        |  | described by Section 810.003 [ 810.002], Government Code, the judge | 
      
        |  | shall make an affirmative finding of fact and enter the affirmative | 
      
        |  | finding in the judgment in the case if the judge determines that the | 
      
        |  | defendant is: | 
      
        |  | (1)  a member of the elected class described by Section | 
      
        |  | 810.003(b)(1) [ 810.002(b)(1)], Government Code, while a member of | 
      
        |  | the Employees Retirement System of Texas; or | 
      
        |  | (2)  a holder of an elected office for which the | 
      
        |  | defendant wholly or partly became eligible for membership in a | 
      
        |  | public retirement system. | 
      
        |  | (b)  A judge who makes the affirmative finding described by | 
      
        |  | this article shall make the determination and provide the notice | 
      
        |  | required by Section 810.003(k) [ 810.002(k)], Government Code. | 
      
        |  | (2)  Section 130.352, Education Code, as redesignated | 
      
        |  | from Section 130.302, Education Code, by Section 21.001 of this | 
      
        |  | Act, is amended to read as follows: | 
      
        |  | Sec. 130.352 [ 130.302].  FORMULA FUNDING FOR WORKFORCE | 
      
        |  | CONTINUING EDUCATION COURSES.  Notwithstanding Section 130.003 or | 
      
        |  | any other law, contact hours attributable to the enrollment of a | 
      
        |  | student in a workforce continuing education course offered by a | 
      
        |  | public junior college shall be included in the contact hours used to | 
      
        |  | determine the college's proportionate share of state money | 
      
        |  | appropriated and distributed to public junior colleges under | 
      
        |  | Sections 130.003 and 130.0031, regardless of whether the college | 
      
        |  | waives all or part of the tuition or fees for the course under | 
      
        |  | Section 130.354 [ 130.304]. | 
      
        |  | (3)  Section 130.354, Education Code, as redesignated | 
      
        |  | from Section 130.304, Education Code, by Section 21.001 of this | 
      
        |  | Act, is amended to read as follows: | 
      
        |  | Sec. 130.354 [ 130.304].  WAIVER OF TUITION AND FEES FOR | 
      
        |  | WORKFORCE CONTINUING EDUCATION COURSES.  A public junior college | 
      
        |  | may waive all or part of the tuition or fees charged to a student for | 
      
        |  | a workforce continuing education course only if: | 
      
        |  | (1)  the student: | 
      
        |  | (A)  is enrolled in high school or in a school | 
      
        |  | described by Section 130.353(a)(2) [ 130.303(a)(2)]; | 
      
        |  | (B)  is 16 years of age or older, has had the | 
      
        |  | disabilities of minority removed, and is not enrolled in secondary | 
      
        |  | education; or | 
      
        |  | (C)  is under the age of 18 and is incarcerated; | 
      
        |  | (2)  all or a significant portion of the college's costs | 
      
        |  | for facilities, instructor salaries, equipment, and other expenses | 
      
        |  | for the course are covered by business, industry, or other local | 
      
        |  | public or private entities; or | 
      
        |  | (3)  the course is taught in a federal correctional | 
      
        |  | facility and the facilities, equipment, supplies, and other | 
      
        |  | expenses for the course are funded by the federal government. | 
      
        |  | (4)  Subsection (d), Section 63.0015, Election Code, as | 
      
        |  | redesignated from Subsection (d), Section 63.0013, Election Code, | 
      
        |  | by Section 21.001 of this Act, is amended to read as follows: | 
      
        |  | (d)  The notice required by Subsection (c) must read: | 
      
        |  | "Pursuant to Section 63.0015 [ 63.0013], Election Code, an election | 
      
        |  | officer may give voting order priority to individuals with a | 
      
        |  | mobility problem that substantially impairs the person's ability to | 
      
        |  | move around.  A person assisting an individual with a mobility | 
      
        |  | problem may also, at the individual's request, be given voting | 
      
        |  | order priority.  Disabilities and conditions that may qualify you | 
      
        |  | for voting order priority include paralysis, lung disease, the use | 
      
        |  | of portable oxygen, cardiac deficiency, severe limitation in the | 
      
        |  | ability to walk due to arthritic, neurological, or orthopedic | 
      
        |  | condition, wheelchair confinement, arthritis, foot disorder, the | 
      
        |  | inability to walk 200 feet without stopping to rest, or use of a | 
      
        |  | brace, cane, crutch, or other assistive device." | 
      
        |  | (5)  Section 1104.359(a), Estates Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  A guardianship program may not be appointed guardian: | 
      
        |  | (1)  if the program is not registered as required under | 
      
        |  | Subchapter F [ D], Chapter 155, Government Code; | 
      
        |  | (2)  if a registration certificate issued to the | 
      
        |  | program under Subchapter F [ D], Chapter 155, Government Code, is | 
      
        |  | expired or refused renewal, or has been revoked and not been | 
      
        |  | reissued; or | 
      
        |  | (3)  during the time a registration certificate issued | 
      
        |  | to the program under Subchapter F [ D], Chapter 155, Government | 
      
        |  | Code, is suspended. | 
      
        |  | (6)  Section 281.003, Finance Code, as redesignated | 
      
        |  | from Section 280.003, Finance Code, by Section 21.001 of this Act, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 281.003 [ 280.003].  NOTIFYING THIRD PARTIES OF | 
      
        |  | SUSPECTED FINANCIAL EXPLOITATION OF VULNERABLE ADULTS.  If a | 
      
        |  | financial institution submits a report of suspected financial | 
      
        |  | exploitation of a vulnerable adult to the department under Section | 
      
        |  | 281.002(b) [ 280.002(b)], the financial institution may at the time | 
      
        |  | the financial institution submits the report also notify a third | 
      
        |  | party reasonably associated with the vulnerable adult of the | 
      
        |  | suspected financial exploitation, unless the financial institution | 
      
        |  | suspects the third party of financial exploitation of the | 
      
        |  | vulnerable adult. | 
      
        |  | (7)  Subsections (a) and (b), Section 281.004, Finance | 
      
        |  | Code, as redesignated from Subsections (a) and (b), Section | 
      
        |  | 280.004, Finance Code, by Section 21.001 of this Act, are amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Notwithstanding any other law, if a financial | 
      
        |  | institution submits a report of suspected financial exploitation of | 
      
        |  | a vulnerable adult to the department under Section 281.002(b) | 
      
        |  | [ 280.002(b)], the financial institution: | 
      
        |  | (1)  may place a hold on any transaction that: | 
      
        |  | (A)  involves an account of the vulnerable adult; | 
      
        |  | and | 
      
        |  | (B)  the financial institution has cause to | 
      
        |  | believe is related to the suspected financial exploitation; and | 
      
        |  | (2)  must place a hold on any transaction involving an | 
      
        |  | account of the vulnerable adult if the hold is requested by the | 
      
        |  | department or a law enforcement agency. | 
      
        |  | (b)  Subject to Subsection (c), a hold placed on any | 
      
        |  | transaction under Subsection (a) expires on the 10th business day | 
      
        |  | after the date the financial institution submits the report under | 
      
        |  | Section 281.002(b) [ 280.002(b)]. | 
      
        |  | (8)  Section 281.005, Finance Code, as redesignated | 
      
        |  | from Section 280.005, Finance Code, by Section 21.001 of this Act, | 
      
        |  | is amended to read as follows: | 
      
        |  | Sec. 281.005 [ 280.005].  IMMUNITY.  (a)  An employee of a | 
      
        |  | financial institution who makes a notification under Section | 
      
        |  | 281.002(a) [ 280.002(a)], a financial institution that submits a | 
      
        |  | report under Section 281.002(b) [ 280.002(b)] or makes a | 
      
        |  | notification to a third party under Section 281.003 [ 280.003], or | 
      
        |  | an employee who or financial institution that testifies or | 
      
        |  | otherwise participates in a judicial proceeding arising from a | 
      
        |  | notification or report is immune from any civil or criminal | 
      
        |  | liability arising from the notification, report, testimony, or | 
      
        |  | participation in the judicial proceeding, unless the employee or | 
      
        |  | financial institution acted in bad faith or with a malicious | 
      
        |  | purpose. | 
      
        |  | (b)  A financial institution that in good faith and with the | 
      
        |  | exercise of reasonable care places or does not place a hold on any | 
      
        |  | transaction under Section 281.004(a)(1) [ 280.004(a)(1)] is immune | 
      
        |  | from any civil or criminal liability or disciplinary action | 
      
        |  | resulting from that action or failure to act. | 
      
        |  | (9)  Section 53.0071, Government Code, is amended to | 
      
        |  | read as follows: | 
      
        |  | Sec. 53.0071.  BAILIFF AS PEACE OFFICER.  Unless the | 
      
        |  | appointing judge provides otherwise in the order of appointment, a | 
      
        |  | bailiff appointed under Section 53.001(b), (g), [ or] (k), or (m) or | 
      
        |  | 53.002(c), (e), or (f) is a "peace officer" for purposes of Article | 
      
        |  | 2.12, Code of Criminal Procedure. | 
      
        |  | (10)  Subsection (b), Section 155.253, Government | 
      
        |  | Code, as redesignated from Subsection (b), Section 155.153, | 
      
        |  | Government Code, by Section 21.001 of this Act, is amended to read | 
      
        |  | as follows: | 
      
        |  | (b)  The supreme court shall adopt rules and procedures for | 
      
        |  | issuing, renewing, suspending, or revoking a registration | 
      
        |  | certificate under this section.  Rules adopted by the supreme court | 
      
        |  | under this section must: | 
      
        |  | (1)  ensure compliance with the standards adopted under | 
      
        |  | Section 155.252 [ 155.152]; | 
      
        |  | (2)  provide that the commission establish | 
      
        |  | qualifications for obtaining and maintaining a registration | 
      
        |  | certificate; | 
      
        |  | (3)  provide that a registration certificate expires on | 
      
        |  | the second anniversary of the date the certificate is issued; | 
      
        |  | (4)  prescribe procedures for accepting complaints and | 
      
        |  | conducting investigations of alleged violations by guardianship | 
      
        |  | programs of the standards adopted under Section 155.252 [ 155.152] | 
      
        |  | or other violations of this chapter or other applicable state law; | 
      
        |  | (5)  prescribe procedures by which the commission, | 
      
        |  | after notice and hearing, may suspend or revoke the registration | 
      
        |  | certificate of a guardianship program that does not substantially | 
      
        |  | comply with the standards adopted under Section 155.252 [ 155.152] | 
      
        |  | or other provisions of this chapter or other applicable state law; | 
      
        |  | and | 
      
        |  | (6)  prescribe procedures for addressing a | 
      
        |  | guardianship for which a guardianship program is the appointed | 
      
        |  | guardian if the guardianship program's registration certificate is | 
      
        |  | expired or refused renewal, or has been revoked and not been | 
      
        |  | reissued. | 
      
        |  | (11)  Subsection (a), Section 364.034, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | (a)  A public agency or a county may: | 
      
        |  | (1)  offer solid waste disposal service to persons in | 
      
        |  | its territory, including, in the case of a county described by | 
      
        |  | Section 364.011(a-2)(2) [ 364.011(a-1)(2)], an area of the county | 
      
        |  | located within the extraterritorial jurisdiction of a municipality | 
      
        |  | if the municipality does not provide solid waste disposal services | 
      
        |  | in that area; | 
      
        |  | (2)  require the use of the service by those persons, | 
      
        |  | except as provided by Subsection (a-1); | 
      
        |  | (3)  charge fees for the service; and | 
      
        |  | (4)  establish the service as a utility separate from | 
      
        |  | other utilities in its territory. | 
      
        |  | (12)  Section 364.0345, Health and Safety Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | Sec. 364.0345.  PENALTIES FOR FAILURE TO USE REQUIRED | 
      
        |  | SERVICE IN CERTAIN AREAS.  The commissioners court of a county | 
      
        |  | described by Section 364.011(a-2)(2) [ 364.011(a-1)(2)] that | 
      
        |  | requires the use of a county solid waste disposal service under | 
      
        |  | Section 364.034 in the extraterritorial jurisdiction of a | 
      
        |  | municipality may adopt orders to enforce the requirement, including | 
      
        |  | an order establishing a civil or administrative penalty in an | 
      
        |  | amount reasonable and necessary to ensure compliance with the | 
      
        |  | requirement. | 
      
        |  | (13)  Subsection (b), Section 1003.056, Health and | 
      
        |  | Safety Code, is amended to read as follows: | 
      
        |  | (b)  This subchapter does not affect or authorize a person to | 
      
        |  | violate any law regulating the possession, use, or transfer of | 
      
        |  | fetal tissue, fetal stem cells, adult stem cells, or human organs, | 
      
        |  | including Sections 48.02 and 48.04 [ 48.03], Penal Code. | 
      
        |  | (14)  Subsection (f), Section 22.01, Penal Code, is | 
      
        |  | amended to read as follows: | 
      
        |  | (f)  For the purposes of Subsections (b)(2)(A) and (b-3)(2) | 
      
        |  | [ (b-2)(2)]: | 
      
        |  | (1)  a defendant has been previously convicted of an | 
      
        |  | offense listed in those subsections committed against a person | 
      
        |  | whose relationship to or association with the defendant is | 
      
        |  | described by Section 71.0021(b), 71.003, or 71.005, Family Code, if | 
      
        |  | the defendant was adjudged guilty of the offense or entered a plea | 
      
        |  | of guilty or nolo contendere in return for a grant of deferred | 
      
        |  | adjudication, regardless of whether the sentence for the offense | 
      
        |  | was ever imposed or whether the sentence was probated and the | 
      
        |  | defendant was subsequently discharged from community supervision; | 
      
        |  | and | 
      
        |  | (2)  a conviction under the laws of another state for an | 
      
        |  | offense containing elements that are substantially similar to the | 
      
        |  | elements of an offense listed in those subsections is a conviction | 
      
        |  | of the offense listed. | 
      
        |  | (15)  Section 8000.004, Special District Local Laws | 
      
        |  | Code, as redesignated from Section 7998.004, Special District Local | 
      
        |  | Laws Code, by Section 21.001 of this Act, is amended to read as | 
      
        |  | follows: | 
      
        |  | Sec. 8000.004 [ 7998.004].  CONSENT OF MUNICIPALITY | 
      
        |  | REQUIRED.  The temporary directors may not hold an election under | 
      
        |  | Section 8000.003 [ 7998.003] until each municipality in whose | 
      
        |  | corporate limits or extraterritorial jurisdiction the district is | 
      
        |  | located has consented by ordinance or resolution to the creation of | 
      
        |  | the district and to the inclusion of land in the district. | 
      
        |  | (16)  Subsection (b), Section 8000.051, Special | 
      
        |  | District Local Laws Code, as redesignated from Subsection (b), | 
      
        |  | Section 7998.051, Special District Local Laws Code, by Section | 
      
        |  | 21.001 of this Act, is amended to read as follows: | 
      
        |  | (b)  Except as provided by Section 8000.052 [ 7998.052], | 
      
        |  | directors serve staggered four-year terms. | 
      
        |  | (17)  Subsections (b) and (c), Section 8000.052, | 
      
        |  | Special District Local Laws Code, as redesignated from Subsections | 
      
        |  | (b) and (c), Section 7998.052, Special District Local Laws Code, by | 
      
        |  | Section 21.001 of this Act, are amended to read as follows: | 
      
        |  | (b)  Temporary directors serve until the earlier of: | 
      
        |  | (1)  the date permanent directors are elected under | 
      
        |  | Section 8000.003 [ 7998.003]; or | 
      
        |  | (2)  the fourth anniversary of the effective date of | 
      
        |  | the Act enacting this chapter. | 
      
        |  | (c)  If permanent directors have not been elected under | 
      
        |  | Section 8000.003 [ 7998.003] and the terms of the temporary | 
      
        |  | directors have expired, successor temporary directors shall be | 
      
        |  | appointed or reappointed as provided by Subsection (d) to serve | 
      
        |  | terms that expire on the earlier of: | 
      
        |  | (1)  the date permanent directors are elected under | 
      
        |  | Section 8000.003 [ 7998.003]; or | 
      
        |  | (2)  the fourth anniversary of the date of the | 
      
        |  | appointment or reappointment. | 
      
        |  | (18)  Subsections (e) and (h), Section 8000.106, | 
      
        |  | Special District Local Laws Code, as redesignated from Subsections | 
      
        |  | (e) and (h), Section 7998.106, Special District Local Laws Code, by | 
      
        |  | Section 21.001 of this Act, are amended to read as follows: | 
      
        |  | (e)  The board may adopt an order dividing the district | 
      
        |  | before or after the date the board holds an election under Section | 
      
        |  | 8000.003 [ 7998.003] to confirm the district's creation. | 
      
        |  | (h)  A new district created by the division of the district | 
      
        |  | shall hold a confirmation and directors' election as required by | 
      
        |  | Section 8000.003 [ 7998.003]. | 
      
        |  | (19)  Subsection (a), Section 8000.152, Special | 
      
        |  | District Local Laws Code, as redesignated from Subsection (a), | 
      
        |  | Section 7998.152, Special District Local Laws Code, by Section | 
      
        |  | 21.001 of this Act, is amended to read as follows: | 
      
        |  | (a)  If authorized at an election held under Section 8000.151 | 
      
        |  | [ 7998.151], the district may impose an operation and maintenance | 
      
        |  | tax on taxable property in the district in accordance with Section | 
      
        |  | 49.107, Water Code. | 
      
        |  | (20)  Subsection (a-1), Section 621.508, | 
      
        |  | Transportation Code, is amended to read as follows: | 
      
        |  | (a-1)  The affirmative defense provided by Subsection (a) | 
      
        |  | does not apply to the excess weights authorized under Section | 
      
        |  | 623.421(b) [ 623.401(b)]. | 
      
        |  | (21)  Subsection (b), Section 623.003, Transportation | 
      
        |  | Code, as amended by Chapters 108 (S.B. 1524) and 750 (S.B. 1383), | 
      
        |  | Acts of the 85th Legislature, Regular Session, 2017, is reenacted | 
      
        |  | and amended to read as follows: | 
      
        |  | (b)  The Texas Department of Transportation shall provide | 
      
        |  | the department with all routing information necessary to complete a | 
      
        |  | permit issued under Section 623.071, 623.121, 623.142, 623.192, [ or  | 
      
        |  | 623.401] 623.402, or 623.421. | 
      
        |  | (22)  Subsection (a), Section 623.424, Transportation | 
      
        |  | Code, as redesignated from Subsection (a), Section 623.404, | 
      
        |  | Transportation Code, by Section 21.001 of this Act, is amended to | 
      
        |  | read as follows: | 
      
        |  | (a)  Except as provided by Subsections (b) and (c), a vehicle | 
      
        |  | combination operating under a permit under this subchapter may | 
      
        |  | operate on a federal interstate highway or a state, county, or | 
      
        |  | municipal road, including a frontage road adjacent to a federal | 
      
        |  | interstate highway, if the truck-tractor displays a sticker | 
      
        |  | required by Section 623.422 [ 623.402] and the vehicle combination | 
      
        |  | does not exceed the maximum axle or gross weight applicable to the | 
      
        |  | combination under the terms of the permit. | 
      
        |  | (23)  Section 623.425, Transportation Code, as | 
      
        |  | redesignated from Section 623.405, Transportation Code, by Section | 
      
        |  | 21.001 of this Act, is amended to read as follows: | 
      
        |  | Sec. 623.425 [ 623.405].  CERTAIN COUNTY OR MUNICIPAL | 
      
        |  | ACTIONS PROHIBITED.  Unless otherwise provided by state or federal | 
      
        |  | law, a county or municipality may not require a permit, fee, or | 
      
        |  | license for the operation of a vehicle combination described by | 
      
        |  | Section 623.421(a) [ 623.401(a)] or (b) in addition to a permit, | 
      
        |  | fee, or license required by state law. | 
      
        |  | (24)  Subdivision (2), Subsection A, Section 45, The | 
      
        |  | Securities Act (Article 581-45, Vernon's Texas Civil Statutes), is | 
      
        |  | amended to read as follows: | 
      
        |  | (2)  "Exploitation," "financial exploitation," and | 
      
        |  | "vulnerable adult" have the meanings assigned by Section 281.001 | 
      
        |  | [ 280.001], Finance Code. | 
      
        |  | SECTION 21.003.  The following provisions of enacted codes | 
      
        |  | are repealed to eliminate duplicate citations: | 
      
        |  | (1)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 545 (S.B. 396), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 225.128, | 
      
        |  | Transportation Code. | 
      
        |  | (2)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 542 (S.B. 364), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 225.131, | 
      
        |  | Transportation Code. | 
      
        |  | (3)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 543 (S.B. 365), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 225.132, | 
      
        |  | Transportation Code. | 
      
        |  | (4)  Section 225.123, Transportation Code, as added by | 
      
        |  | Chapter 724 (S.B. 1037), Acts of the 85th Legislature, Regular | 
      
        |  | Session, 2017, is repealed as duplicative of Section 225.130, | 
      
        |  | Transportation Code. | 
      
        |  | (5)  Section 225.124, Transportation Code, as added by | 
      
        |  | Section 2, Chapter 1008 (H.B. 1317), Acts of the 85th Legislature, | 
      
        |  | Regular Session, 2017, is repealed as duplicative of Section | 
      
        |  | 225.129, Transportation Code. | 
      
        |  | ARTICLE 22.  EFFECTIVE DATE | 
      
        |  | SECTION 22.001.  This Act takes effect September 1, 2019. |